[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1260 Reported in Senate (RS)]
<DOC>
Calendar No. 58
117th CONGRESS
1st Session
S. 1260
To establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2021
Mr. Schumer (for himself, Mr. Young, Ms. Hassan, Ms. Collins, Mr.
Coons, Mr. Portman, Ms. Baldwin, Mr. Graham, Mr. Peters, Mr. Blunt, Mr.
Daines, Mr. Van Hollen, Mr. Romney, and Mr. Kelly) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
May 13, 2021
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Endless Frontier
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (1) For over 70 years, the United States has been
the unequivocal global leader in scientific and technological
innovation, and as a result the people of the United States
have benefitted through good-paying jobs, economic prosperity,
and a higher quality of life.</DELETED>
<DELETED> (A) Today, however, this leadership
position is being eroded and challenged by foreign
competitors, some of which are stealing intellectual
property and trade secrets of the United States and
aggressively investing in research and
commercialization to dominate the key existing and
future technology fields.</DELETED>
<DELETED> (B) While the United States once led the
world in the share of our economy invested in research,
our Nation now ranks 9th globally in total research and
development and 12th in publicly financed research and
development.</DELETED>
<DELETED> (C) While wages for American workers rose
in parallel with growth in national productivity from
the end of World War II through most of the 1970s,
since then wage growth has been uneven and labor's
share in national income has declined.</DELETED>
<DELETED> (2) Without a significant increase in investment
in research, education, technology transfer, intellectual
property, manufacturing, and other core strengths of the United
States innovation ecosystem, it is only a matter of time before
the global competitors of the United States overtake the United
States in terms of technological primacy. The country that wins
the race in key technologies--such as artificial intelligence,
quantum computing, advanced communications, and advanced
manufacturing--and uses technological innovation to support
high-quality jobs and incomes will be the superpower of the
future.</DELETED>
<DELETED> (3) The Federal Government must catalyze United
States innovation by boosting research investments focused on
discovering, creating, commercializing, and demonstrating new
technologies and manufacturing those technologies domestically
throughout the country to ensure the leadership of the United
States in the industries of the future.</DELETED>
<DELETED> (4) The distribution of innovation jobs and
investment in the United States has become largely concentrated
in just a few locations, while much of the Nation has been left
out of growth in the innovation sector. More than 90 percent of
the Nation's innovation sector employment growth in the last 15
years was generated in just 5 major metropolitan areas. The
Federal Government must address this imbalance in opportunity
by--</DELETED>
<DELETED> (A) dramatically increasing funding for
science and engineering research and expanding
partnerships with the private sector to build new
technology hubs across the country;</DELETED>
<DELETED> (B) spreading high-quality innovation
sector jobs more broadly;</DELETED>
<DELETED> (C) increasing the participation of
underrepresented populations, engaging workers, and
collaborating with labor organizations in innovation
efforts to tap the talent and potential of the entire
Nation to ensure the United States leads the industries
of the future; and</DELETED>
<DELETED> (D) building regional capacity in such
critical areas as entrepreneurship, access to capital
and other investment, and supply chain
development.</DELETED>
<DELETED> (5) As President Franklin D. Roosevelt stated,
``[N]ew frontiers of the mind are before us, and if they are
pioneered with the same vision, boldness, and drive with which
we have waged this war we can create a fuller and more fruitful
employment and a fuller and more fruitful life.''</DELETED>
<DELETED> (6) As Vannevar Bush stated in his 1945 report
entitled Science, The Endless Frontier, ``New products, new
industries, and more jobs require continuous additions to
knowledge of the laws of nature, and the application of that
knowledge to practical purposes. Similarly, our defense against
aggression demands new knowledge so that we can develop new and
improved weapons. This essential, new knowledge can be obtained
only through basic scientific research.''</DELETED>
<DELETED> (7) Since their inception, the National Science
Foundation and other key Federal agencies, like the Department
of Energy, 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 enhances the Nation's
security.</DELETED>
<DELETED>SEC. 3. IMPROVING TECHNOLOGY AND INNOVATION RESEARCH AT THE
NATIONAL SCIENCE FOUNDATION.</DELETED>
<DELETED> (a) Providing Authority To Disseminate Information.--
Section 11 of the National Science Foundation Act of 1950 (42 U.S.C.
1870) is amended--</DELETED>
<DELETED> (1) in subsection (j), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (2) in subsection (k), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(l) provide for the widest practicable and appropriate
dissemination of information within the United States concerning the
Foundation's activities and the results thereof.''.</DELETED>
<DELETED> (b) Establishment of Directorate for Technology and
Innovation.--The National Science Foundation Act of 1950 (42 U.S.C.
1861 et seq.) is amended--</DELETED>
<DELETED> (1) in section 8 (42 U.S.C. 1866), by inserting at
the end the following: ``Such divisions shall include the
Directorate for Technology and Innovation established under
section 8A.''; and</DELETED>
<DELETED> (2) by inserting after section 8 the
following:</DELETED>
<DELETED>``SEC. 8A. IMPROVING RESEARCH AND ESTABLISHING DIRECTORATE FOR
TECHNOLOGY AND INNOVATION.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Community college.--The term `community
college' has the meaning given the term `junior or community
college' in section 312(f) of the Higher Education Act of 1965
(20 U.S.C. 1058(f)).</DELETED>
<DELETED> ``(2) Designated country.--The term `designated
country' means a country that has been approved and designated
in writing by the President for purposes of this section, after
providing--</DELETED>
<DELETED> ``(A) not less than 30 days of advance
notification and explanation to the relevant
congressional committees before the designation;
and</DELETED>
<DELETED> ``(B) in-person briefings to such
committees, if requested during the 30-day advance
notification period described in subparagraph
(A).</DELETED>
<DELETED> ``(3) Directorate.--The term `Directorate' means
the Directorate for Technology and Innovation established under
subsection (b).</DELETED>
<DELETED> ``(4) Emerging research institution.--The term
`emerging research institution' means an institution of higher
education with an established undergraduate student program
that has, on average for the 3 years prior to an application
for an award under this section, received less than $35,000,000
in Federal research funding.</DELETED>
<DELETED> ``(5) Federal research facility.--The term
`Federal research facility' includes a research laboratory of
the Department of Agriculture and any other federally funded
research and development center.</DELETED>
<DELETED> ``(6) 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).</DELETED>
<DELETED> ``(7) 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)).</DELETED>
<DELETED> ``(8) Key technology focus areas.--The term `key
technology focus areas' means the areas included on the most
recent list under subsection (d)(2).</DELETED>
<DELETED> ``(9) 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--</DELETED>
<DELETED> ``(A) any organization composed of labor
organizations, such as a labor union federation or a
State or municipal labor body; and</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) individuals employed by the
United States, any wholly owned Government
corporation, any Federal Reserve Bank, or any
State or political subdivision
thereof;</DELETED>
<DELETED> ``(ii) individuals employed by
persons subject to the Railway Labor Act (45
U.S.C. 151 et seq.); or</DELETED>
<DELETED> ``(iii) individuals employed as
agricultural laborers.</DELETED>
<DELETED> ``(10) 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)).</DELETED>
<DELETED> ``(11) 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).</DELETED>
<DELETED> ``(12) Relevant congressional committees.--The
term `relevant congressional committees' means--</DELETED>
<DELETED> ``(A) the Committee on Armed Services, the
Committee on Commerce, Science, and Transportation, the
Committee on Energy and Natural Resources, the
Committee on Appropriations, the Committee on Foreign
Relations, the Committee on Health, Education, Labor,
and Pensions, and the Select Committee on Intelligence
of the Senate; and</DELETED>
<DELETED> ``(B) the Committee on Armed Services, the
Committee on Science, Space, and Technology, the
Committee on Appropriations, the Committee on Foreign
Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.</DELETED>
<DELETED> ``(13) STEM.--The term `STEM' has the meaning
given such term in section 2 of the America COMPETES
Reauthorization Act of 2010 (Public Law 111-358; 42 U.S.C. 6621
note).</DELETED>
<DELETED> ``(14) Tribal college or university.--The term
`Tribal college or university' has the meaning given the term
in section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).</DELETED>
<DELETED> ``(15) Underrepresented populations.--The term
`underrepresented populations' means women, minorities,
veterans, tribal populations, persons with disabilities, and
other populations that are underrepresented in STEM.</DELETED>
<DELETED> ``(b) Establishment of Directorate for Technology and
Innovation.--</DELETED>
<DELETED> ``(1) In general.--Not later than 90 days after
the date of enactment of the Endless Frontier Act, the Director
shall establish in the Foundation a Directorate for Technology
and Innovation. The Directorate shall carry out the duties and
responsibilities described in this section, in order to further
the following goals:</DELETED>
<DELETED> ``(A) Strengthening the leadership of the
United States in critical technologies, as described as
a critical national need in section 7018 of the America
COMPETES Act (42 U.S.C. 1862o-5), through basic
research in the key technology focus areas and the
commercialization of those technologies to businesses
in the United States.</DELETED>
<DELETED> ``(B) Addressing and mitigating technology
challenges integral to the geostrategic position of the
United States through the activities authorized by this
section.</DELETED>
<DELETED> ``(C) Enhancing the competitiveness of the
United States in the key technology focus areas by
improving education in the key technology focus areas
and attracting more students to such areas at all
levels of education.</DELETED>
<DELETED> ``(D) Consistent with the mission and
operations of the Foundation, fostering the economic
and societal impact of federally funded research and
development through an accelerated translation of basic
advances in the key technology focus areas into
processes and products, known as technology transfer,
that can help achieve national goals related to
economic competitiveness, domestic manufacturing,
national security, shared prosperity, energy and the
environment, health, education and workforce
development, and transportation.</DELETED>
<DELETED> ``(E) Utilizing the full potential of the
United States workforce by encouraging broader
participation in key technology focus areas by
underrepresented populations.</DELETED>
<DELETED> ``(F) Ensuring the programmatic work of
the Directorate and Foundation incorporates a workforce
perspective from labor organizations and workforce
training organizations.</DELETED>
<DELETED> ``(2) Organization and administrative matters.--
</DELETED>
<DELETED> ``(A) Program managers.--The employees of
the Directorate may include program managers for the
key technology focus areas, who may perform a role
similar to program managers employed by the Defense
Advanced Research Projects Agency for the oversight and
selection of programs supported by the
Directorate.</DELETED>
<DELETED> ``(B) Selection of recipients.--Recipients
of support under the programs and activities of the
Directorate shall be selected by program managers or
other employees of the Directorate and the selection
criteria for financial assistance awards shall include
intellectual merit and broader impacts, including
economic impacts on the advanced technology production
system of the United States. The Directorate may use a
peer review process or the authorities provided under
subsection (c), or some combination of such process and
authorities, to inform the selection of award
recipients.</DELETED>
<DELETED> ``(C) Report.--Not later than 1 year after
the date of enactment of the Endless Frontier Act, the
Director shall prepare and submit a report to the
relevant congressional committees regarding the use of
alternative methods for the selection of recipients and
the distribution of funding to recipients as compared
to the traditional peer review process.</DELETED>
<DELETED> ``(D) Assistant directors.--The Director
shall appoint an Assistant Director for the
Directorate, in the same manner as other Assistant
Directors of the Foundation are appointed.</DELETED>
<DELETED> ``(3) Report.--Not later than 120 days after the
date of enactment of the Endless Frontier Act, the Director
shall prepare and submit a report to the relevant congressional
committees regarding the establishment of the
Directorate.</DELETED>
<DELETED> ``(c) Personnel Management Authorities for the
Foundation.--In addition to the authorities and requirements of section
15, the Director shall have the following authorities:</DELETED>
<DELETED> ``(1) Experts in science and engineering.--The
Director shall have the authority to carry out a program of
personnel management authority in the same manner, and subject
to the same requirements, as the program of personnel
management authority authorized for the Director of the Defense
Advanced Research Projects Agency under section 1599h of title
10, United States Code, for the Defense Advanced Research
Projects Agency.</DELETED>
<DELETED> ``(2) Highly qualified experts in needed
occupations.--In addition to the authority provided under
paragraph (1), the Director shall have the authority to carry
out a program of personnel management authority in the same
manner, and subject to the same requirements, as the program to
attract highly qualified experts carried out by the Secretary
of Defense under section 9903 of title 5, United States Code.
Individuals hired by the Director through such authority shall
include individuals with expertise in business creativity,
innovation management, design thinking, entrepreneurship,
venture capital, and related fields.</DELETED>
<DELETED> ``(3) Additional hiring authority.--To the extent
needed to carry out the duties in paragraph (1), the Director
is authorized to utilize hiring authorities under section 3372
of title 5, United States Code, to staff the Directorate 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.</DELETED>
<DELETED> ``(d) Duties and Functions of the Directorate.--</DELETED>
<DELETED> ``(1) Development of technology focus of the
directorate.--The Director shall--</DELETED>
<DELETED> ``(A) through the Directorate, advance
innovation in the key technology focus areas through
basic and translational research and other activities
described in this section;</DELETED>
<DELETED> ``(B) develop and implement strategies to
ensure that the activities of the Directorate are
directed toward the key technology focus areas in order
to accomplish the goals described in subsection (b)(1)
consistent with the most recent report conducted under
section 5(b) of the Endless Frontier Act; and</DELETED>
<DELETED> ``(C) develop and focus on innovation
methods, processes, and promising practices that can
affect the speed and effectiveness of innovation
processes at scale.</DELETED>
<DELETED> ``(2) Key technology focus areas.--</DELETED>
<DELETED> ``(A) Initial list.--The initial key
technology focus areas are--</DELETED>
<DELETED> ``(i) artificial intelligence,
machine learning, and other software
advances;</DELETED>
<DELETED> ``(ii) high performance computing,
semiconductors, and advanced computer
hardware;</DELETED>
<DELETED> ``(iii) quantum computing and
information systems;</DELETED>
<DELETED> ``(iv) robotics, automation, and
advanced manufacturing;</DELETED>
<DELETED> ``(v) natural and anthropogenic
disaster prevention or mitigation;</DELETED>
<DELETED> ``(vi) advanced communications
technology;</DELETED>
<DELETED> ``(vii) biotechnology, medical
technology, genomics, and synthetic
biology;</DELETED>
<DELETED> ``(viii) cybersecurity, data
storage, and data management
technologies;</DELETED>
<DELETED> ``(ix) advanced energy, batteries,
and industrial efficiency; and</DELETED>
<DELETED> ``(x) advanced materials science,
engineering, and exploration relevant to the
other key technology focus areas described in
this subparagraph.</DELETED>
<DELETED> ``(B) Review of key technology focus areas
and subsequent lists.--</DELETED>
<DELETED> ``(i) Adding or deleting key
technology focus areas.--Beginning on the date
that is 3 years after the date of enactment of
the Endless Frontier Act, and every 3 years
thereafter, the Director, in coordination with
the Director of the Office of Science and
Technology Policy, the Director of National
Institute of Standards and Technology, the
Secretary of Energy, the Secretary of Defense,
the Director of the National Institutes of
Health, and, as appropriate, the heads of other
departments and agencies--</DELETED>
<DELETED> ``(I) shall review the
list of key technology focus
areas;</DELETED>
<DELETED> ``(II) may consider the
challenges and recommendations
identified in the report required by
section 11 of the Endless Frontier Act;
and</DELETED>
<DELETED> ``(III) as part of that
review, may add or delete key
technology focus areas if societal
challenges or the competitive threats
to the United States have shifted
(whether because the United States or
other nations have advanced or fallen
behind in a technological area),
subject to clause (ii).</DELETED>
<DELETED> ``(ii) Limit on key technology
focus areas.--Not more than 10 key technology
focus areas shall be included on the list of
key technology focus areas at any
time.</DELETED>
<DELETED> ``(iii) Updating focus areas and
distribution.--Prior to completion of each
review under this subparagraph, the Director
shall make the list of key technology focus
areas readily available to the public and
available for public comment, including, at a
minimum, by publishing the list in the Federal
Register even if no changes are expected to be
made to the prior list.</DELETED>
<DELETED> ``(iv) Extraordinary circumstance
waiver.--In extraordinary circumstances, the
Director of the Office of Science and
Technology Policy may grant the Director the
ability to add or delete key technology focus
areas without acting in coordination as
described in clause (i). If such an ability is
determined to be necessary by the Director of
the Office of Science and Technology Policy,
the Director and the Director of the Office of
Science and Technology Policy shall not later
than 15 days ahead of such a waiver being
granted submit a detailed description and
justification to the relevant congressional
committees.</DELETED>
<DELETED> ``(3) Activities.--</DELETED>
<DELETED> ``(A) In general.--In carrying out the
duties and functions of the Directorate, the Director--
</DELETED>
<DELETED> ``(i) may make awards in a
technologically neutral manner for key
technology focus areas to--</DELETED>
<DELETED> ``(I) individual
institutions of higher education for
work at centers or by individual
researchers or teams of
researchers;</DELETED>
<DELETED> ``(II) not-for-profit
entities; and</DELETED>
<DELETED> ``(III) consortia that--
</DELETED>
<DELETED> ``(aa) shall
include and be led by an
institution of higher
education, or by a not-for-
profit entity designed to
support technology development,
and may include 1 or more
additional institutions of
higher education;</DELETED>
<DELETED> ``(bb) shall
include at least one of the
following:</DELETED>
<DELETED> ``(AA) a
historically Black
college or
university;</DELETED>
<DELETED> ``(BB) a
Tribal College or
University;</DELETED>
<DELETED> ``(CC)
another minority-
serving
institution;</DELETED>
<DELETED> ``(DD) an
institution that
participates in the
Established Program to
Stimulate Competitive
Research under section
113 of the National
Science Foundation
Authorization Act of
1988 (42 U.S.C.
1862g);</DELETED>
<DELETED> ``(EE) an
emerging research
institution that is not
classified as a very
high research activity
by the Carnegie
Classification of
Institutions of Higher
Education and that has
an undergraduate
enrollment with a
majority of students
who are from
underrepresented
populations;
or</DELETED>
<DELETED> ``(FF) a
community college;
and</DELETED>
<DELETED> ``(cc) may include
1 or more--</DELETED>
<DELETED> ``(AA)
entities described in
subclause (I) or (II)
and industries,
including startups,
small businesses, and
public-private
partnerships;</DELETED>
<DELETED> ``(BB)
economic development
organizations or
venture development
organizations, as such
term is defined in
section 28(a) of the
Stevenson-Wydler
Technology Innovation
Act of 1980;</DELETED>
<DELETED> ``(CC)
National
Laboratories;</DELETED>
<DELETED> ``(DD)
Federal laboratories,
as defined in section 4
of the Stevenson-Wydler
Technology Innovation
Act of 1980 (15 U.S.C.
3703);</DELETED>
<DELETED> ``(EE)
Federal research
facilities;</DELETED>
<DELETED> ``(FF)
labor
organizations;</DELETED>
<DELETED> ``(GG)
entities described in
subclause (I) or (II)
from allied or partner
countries;</DELETED>
<DELETED> ``(HH)
other entities if
determined by the
Director to be vital to
the success of the
program; and</DELETED>
<DELETED> ``(II)
binational research and
development foundations
and funds, excluding
foreign entities of
concern;</DELETED>
<DELETED> ``(ii) may partner with other
directorates of the Foundation for projects or
research, including--</DELETED>
<DELETED> ``(I) to pursue basic
questions about natural, human, and
physical phenomena that could enable
advances in the key technology focus
areas;</DELETED>
<DELETED> ``(II) to study questions
that could affect the design (including
human interfaces), operation,
deployment, or the social and ethical
consequences of technologies in the key
technology focus areas, including the
development of technologies that
complement or enhance the abilities of
workers and impact of specific
innovations on domestic jobs and
equitable opportunity; and</DELETED>
<DELETED> ``(III) to further the
creation of a domestic workforce
capable of advancing, using, and
adapting to key technology focus areas
and understanding and improving the
impact of key technology focus areas on
STEM teaching and learning advancing
the key technology focus areas,
including engaging relevant partners in
research and innovation
programs;</DELETED>
<DELETED> ``(iii) may provide funds to any
other Federal agencies for intramural or
extramural work in the key technology focus
areas through research, manufacturing, or other
means;</DELETED>
<DELETED> ``(iv) may make awards under the
SBIR and STTR programs (as defined in section
9(e) of the Small Business Act (15 U.S.C.
638(e))); and</DELETED>
<DELETED> ``(v) may enter into and perform
such contracts, other transactions, or other
arrangements, or modifications thereof, as may
be necessary in the conduct of the work of the
Directorate and on such terms as the Director
considers appropriate, in furtherance of the
purposes of this Act.</DELETED>
<DELETED> ``(B) Reports.--Not later than 180 days
after the date of enactment of the Endless Frontier
Act, the Director, in coordination with the Secretary
of State and the Director of the Office of Science and
Technology Policy, shall prepare and submit to the
relevant congressional committees--</DELETED>
<DELETED> ``(i) a plan to seek out
additional investments from--</DELETED>
<DELETED> ``(I) certain designated
countries; and</DELETED>
<DELETED> ``(II) entities other than
institutions of higher education;
and</DELETED>
<DELETED> ``(ii) 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) and
section 223 of William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283).</DELETED>
<DELETED> ``(C) Annual briefing.--Each year, the
Director shall formally request a briefing from the
Secretary of Defense, the Secretary of Commerce, the
Director of the Federal Bureau of Investigation, the
Director of National Intelligence, and as appropriate
other department or agency heads regarding their
efforts to preserve the United States advantages
generated by the activity of the Directorate.</DELETED>
<DELETED> ``(4) Interagency cooperation.--</DELETED>
<DELETED> ``(A) In general.--In carrying out this
section, the Director and other Federal research
agencies, in consultation with the United States Patent
and Trademark Office where appropriate, shall work
cooperatively with each other to further the goals of
this section in the key technology focus
areas.</DELETED>
<DELETED> ``(B) Coordination with nist and
department of energy.--In making research awards under
this section, the Director shall, as appropriate, work
in coordination with the Director of the National
Institute of Standards and Technology and the Secretary
of Energy.</DELETED>
<DELETED> ``(C) Comptroller general report.--Each
year, the Comptroller General of the United States
shall prepare and submit a report to Congress, and
shall simultaneously submit the report to the Director
and the Director of the Office of Science and
Technology Policy, describing the interagency
cooperation that occurred during the preceding year
pursuant to this paragraph, including a list of--
</DELETED>
<DELETED> ``(i) any funds provided under
paragraph (3)(A)(ii) to other divisions of the
Foundation; and</DELETED>
<DELETED> ``(ii) any funds provided under
paragraph (3)(A)(iii) to other Federal research
agencies.</DELETED>
<DELETED> ``(5) Providing scholarships, fellowships, and
other student support.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Implementation.--The Director may
carry out subparagraph (A) by providing funds--
</DELETED>
<DELETED> ``(i) for making awards--
</DELETED>
<DELETED> ``(I) directly to
students; and</DELETED>
<DELETED> ``(II) to institutions of
higher education or consortia of
institutions of higher education,
including those institutions or
consortia involved in operating
university technology centers
established under paragraph (6);
and</DELETED>
<DELETED> ``(ii) to programs in Federal
research agencies that have experience awarding
such scholarships, fellowships, traineeships,
or postdoctoral awards.</DELETED>
<DELETED> ``(C) Broadening participation.--In
carrying out this paragraph, the Director should work
to increase the participation of underrepresented
populations in fields related to the key technology
focus areas. For that purpose, the Director may take
such steps as establishing or augmenting programs
targeted at underrepresented populations, and
supporting traineeships or other relevant programs at
institutions of higher education with high enrollments
of underrepresented populations.</DELETED>
<DELETED> ``(D) Innovation.--In carrying out this
paragraph, 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 masters
programs related to the key technology focus
areas.</DELETED>
<DELETED> ``(E) Supplement, not supplant.--The
Director shall ensure that funds made available under
this paragraph shall be used to create additional
support for postsecondary students and shall not
displace funding for any other available
support.</DELETED>
<DELETED> ``(6) University technology centers.--</DELETED>
<DELETED> ``(A) In general.--From amounts made
available to the Directorate, the Director shall,
through a competitive application and selection
process, make awards to institutions of higher
education or consortia described in paragraph
(3)(A)(i)(III) to establish university technology
centers.</DELETED>
<DELETED> ``(B) Uses of funds.--</DELETED>
<DELETED> ``(i) In general.--A center
established under an award under subparagraph
(A)--</DELETED>
<DELETED> ``(I) shall use support
provided under such subparagraph--
</DELETED>
<DELETED> ``(aa) to carry
out basic and translational
research to advance innovation
in the key technology focus
areas; and</DELETED>
<DELETED> ``(bb) to further
the development and
commercialization of
innovations, including
inventions, in the key
technology focus areas,
including--</DELETED>
<DELETED> ``(AA)
innovations derived
from research carried
out under item (aa),
through such activities
as translational
research, proof-of-
concept development,
and prototyping, in
order to reduce the
cost, time, and risk of
commercializing new
technologies;</DELETED>
<DELETED> ``(BB) to
promote patenting and
commercialization of
inventions derived from
research carried out
under item (aa);
and</DELETED>
<DELETED> ``(CC)
through the use of
public-private
partnerships;
and</DELETED>
<DELETED> ``(II) may use support
provided under such subparagraph--
</DELETED>
<DELETED> ``(aa) for the
costs of equipment;</DELETED>
<DELETED> ``(bb) for the
costs associated with
technology transfer and
commercialization, including
patenting and licensing;
or</DELETED>
<DELETED> ``(cc) for other
activities or costs necessary
to accomplish the purposes of
this section, including for
operations and staff.</DELETED>
<DELETED> ``(ii) Support of regional
technology hubs.--Each center established under
subparagraph (A) may support and participate
in, as appropriate, the activities of any
regional technology hub designated under
section 28(b)(1)(A) of the Stevenson-Wydler
Technology Innovation Act of 1980.</DELETED>
<DELETED> ``(C) Selection process.--In selecting
recipients under this paragraph, the Director shall
consider--</DELETED>
<DELETED> ``(i) the capacity of the
applicant to pursue and advance basic and
translational research;</DELETED>
<DELETED> ``(ii) the extent to which the
applicant's proposed research would be likely
to advance American competitiveness in 1 or
more key technology focus areas;</DELETED>
<DELETED> ``(iii) the extent to which the
applicant's proposal would broaden
participation by underrepresented populations
in those areas;</DELETED>
<DELETED> ``(iv) the capacity of the
applicant to engage industry, labor, and other
appropriate organizations on any
advances;</DELETED>
<DELETED> ``(v) whether the applicant's
proposed research will, where applicable,
contribute to growth in domestic manufacturing
capacity and job creation;</DELETED>
<DELETED> ``(vi) the quality of plans for
dissemination of research and technology
results, in accordance with relevant export
control laws;</DELETED>
<DELETED> ``(vii) how the applicant will,
where applicable, encourage the training and
participation of entrepreneurs and the
translation of research results to practice,
including the development of new
businesses;</DELETED>
<DELETED> ``(viii) how the applicant will
encourage the participation of inventors and
entrepreneurs and the development of new
businesses, where applicable;</DELETED>
<DELETED> ``(ix) regional and geographic
diversity;</DELETED>
<DELETED> ``(x) in the case of a consortium,
the extent to which the proposal includes
institutions listed in paragraph
(3)(A)(i)(III)(bb); and</DELETED>
<DELETED> ``(xi) the amount of funds from
industry organizations described in
subparagraph (D)(ii) the applicant would use
towards establishing the center under
subparagraph (A).</DELETED>
<DELETED> ``(D) Requirements.--The Director shall
ensure that any institution of higher education or
consortium receiving an award under subparagraph (A)
has--</DELETED>
<DELETED> ``(i) the capacity or the ability
to acquire the capacity to advance the goals
described in subsection (b)(1); and</DELETED>
<DELETED> ``(ii) secured contributions for
establishing the center under subparagraph (A)
from industry organizations in an amount not
less than 10 percent of the total amount of the
award the institution or consortium would
receive under subparagraph (A).</DELETED>
<DELETED> ``(7) Moving technology from laboratory to
market.--</DELETED>
<DELETED> ``(A) Program authorized.--</DELETED>
<DELETED> ``(i) In general.--The Director,
in coordination with the Director of the
National Institute of Standards and Technology,
shall establish a program in the Directorate to
make awards, on a competitive basis, to
institutions of higher education or consortia
described in paragraph (3)(A)(i)(III)--
</DELETED>
<DELETED> ``(I) to build capacity at
an institution of higher education or
within the consortium and facilitate
collaboration with firms in the key
technology focus areas to increase the
likelihood that new technologies in the
key technology focus areas will succeed
in the commercial market; and</DELETED>
<DELETED> ``(II) with the goal of
promoting experiments with a range of
models that institutions of higher
education or consortia could use to--
</DELETED>
<DELETED> ``(aa) enable new
technologies and inventions to
mature to the point where the
technologies are more likely to
succeed in the commercial
market and promote the creation
of high-quality jobs in the
United States; and</DELETED>
<DELETED> ``(bb) reduce the
risks to commercial success for
new technologies and inventions
earlier in their
development.</DELETED>
<DELETED> ``(ii) Use for training.--An award
under this subparagraph for a purpose described
in subclause (I) or (II) of clause (i) may also
enable the institution of higher education or
consortium to provide training and support to
scientists, engineers, and inventors who are
interested in research, technology transfer,
and commercialization, including patenting and
licensing, if the use is included in the
proposal submitted under subparagraph
(B).</DELETED>
<DELETED> ``(B) Proposals.--An institution of higher
education or consortium desiring an award under this
paragraph shall submit a proposal to the Director at
such time, in such manner, and containing such
information as the Director may require. The proposal
shall include a description of--</DELETED>
<DELETED> ``(i) the broader impact of the
proposal;</DELETED>
<DELETED> ``(ii) the steps the applicant is
studying or will take to enable technology
transfer to reduce the risks for
commercialization for new technologies,
including how the applicant will collaborate
with firms in the key technology focus
areas;</DELETED>
<DELETED> ``(iii) why such steps are likely
to be effective;</DELETED>
<DELETED> ``(iv) how such steps differ from
previous efforts to reduce the risks for
commercialization for new
technologies;</DELETED>
<DELETED> ``(v) whether the commercial
viability of any new technologies will promote
the creation of high-quality jobs in the United
States;</DELETED>
<DELETED> ``(vi) how the applicant will,
where applicable, encourage the participation
of inventors and entrepreneurs and the
development of new businesses; and</DELETED>
<DELETED> ``(vii) how the applicant will,
where applicable, encourage the training and
participation of entrepreneurs and the
translation of research results to practice,
including the development of new
businesses.</DELETED>
<DELETED> ``(C) Use of funds.--A recipient of an
award under this paragraph shall use award funds to
reduce the risks for commercialization for new
technologies, which may include--</DELETED>
<DELETED> ``(i) creating and funding
competitions to allow entrepreneurial ideas
from institutions of higher education or
consortia described in paragraph (3)(A)(i)(III)
to illustrate their commercialization
potential;</DELETED>
<DELETED> ``(ii) facilitating relationships
among local and national business leaders,
including investors, and potential
entrepreneurs to encourage successful
commercialization;</DELETED>
<DELETED> ``(iii) creating or supporting
entities that could enable researchers to
further develop new technology, through patient
capital investment, advice, staff support, or
other means;</DELETED>
<DELETED> ``(iv) providing facilities for
start-up companies where technology maturation
could occur;</DELETED>
<DELETED> ``(v) covering legal and other
fees associated with technology transfer and
commercialization, including patenting and
licensing; and</DELETED>
<DELETED> ``(vi) revising institution
policies, including policies related to
intellectual property and faculty
entrepreneurship, to accomplish the goals of
this paragraph.</DELETED>
<DELETED> ``(D) Reporting on commercialization based
on metrics.--The Director shall establish--</DELETED>
<DELETED> ``(i) metrics related to
commercialization for an award under this
paragraph; and</DELETED>
<DELETED> ``(ii) a reporting schedule for
recipients of such awards that takes into
account both short- and long-term goals of the
program under this paragraph.</DELETED>
<DELETED> ``(8) Test beds.--</DELETED>
<DELETED> ``(A) Program authorized.--</DELETED>
<DELETED> ``(i) In general.--The Director,
in coordination with the Director of the
National Institute of Standards and Technology,
shall establish a program in the Directorate to
make awards, on a competitive basis, to
institutions of higher education or consortia
described in paragraph (3)(A)(i)(III) to
establish and operate test beds and fabrication
facilities to advance the operation,
integration, deployment, and, as appropriate,
manufacturing of new, innovative technologies
in the key technology focus areas, which may
include hardware or software. The goal of such
test beds and facilities shall be to accelerate
the movement of innovative technologies into
the commercial market through the private
sector.</DELETED>
<DELETED> ``(ii) Coordination.--In
establishing the program under clause (i), the
Director shall ensure coordination in
establishing new test beds under this paragraph
with other test beds supported by the
Foundation or established under Manufacturing
USA to avoid duplication and maximize the use
of Federal resources.</DELETED>
<DELETED> ``(B) Proposals.--A proposal submitted
under this paragraph shall, at a minimum, describe--
</DELETED>
<DELETED> ``(i)(I) the technology or
technologies that will be the focus of the test
bed or fabrication facility;</DELETED>
<DELETED> ``(II) the goals of the work to be
done at the test bed or facility; and</DELETED>
<DELETED> ``(III) the expected schedule for
completing that work;</DELETED>
<DELETED> ``(ii) how the applicant will
assemble a workforce with the skills needed to
operate the test bed or facility;</DELETED>
<DELETED> ``(iii) how the applicant will
ensure broad access to the facility;</DELETED>
<DELETED> ``(iv) how the applicant will
collaborate with firms in the key technology
focus areas, including through coordinated
research and development and funding, to ensure
that work in the test bed or facility will
contribute to the commercial viability of any
technologies and will include collaboration
from industry and labor
organizations;</DELETED>
<DELETED> ``(v) how the applicant will
encourage the participation of inventors and
entrepreneurs and the development of new
businesses;</DELETED>
<DELETED> ``(vi) how the applicant will
increase participation by underrepresented
populations;</DELETED>
<DELETED> ``(vii) how the applicant will
demonstrate that the commercial viability of
any new technologies will support the creation
of high-quality domestic jobs;</DELETED>
<DELETED> ``(viii) how the test bed or
facility will operate after Federal funding has
ended; and</DELETED>
<DELETED> ``(ix) how the test bed will
disseminate lessons and other technical
information to United States firms or allied or
partner country firms in the United
States.</DELETED>
<DELETED> ``(C) Awards.--Awards made under this
paragraph shall be for 7 years, with the possibility of
5-year extensions.</DELETED>
<DELETED> ``(D) Authorized use of funds.--An awardee
under this paragraph may, in order to achieve the
purposes described in subparagraph (A)(i), use the
award for the purchase of equipment, the support of
graduate students and postdoctoral researchers, and the
salaries of staff.</DELETED>
<DELETED> ``(E) Results.--An awardee under this
paragraph may publish and share with the public the
results of the work conducted under this
paragraph.</DELETED>
<DELETED> ``(F) Interagency semi-annual meetings.--
The Director, the Director of the National Institute of
Standards and Technology, and the heads of other
departments and agencies, or their designees, with test
bed related equities shall hold an annual meeting to
coordinate their respective test bed related
investments, future years plan, and other appropriate
matters, to avoid conflicts and duplication of efforts.
Upon request by Congress, Congress shall be briefed on
the results of the meetings.</DELETED>
<DELETED> ``(9) Inapplicability.--Section 5(e)(1) shall not
apply to grants, contracts, awards, or other arrangements made
under this section.</DELETED>
<DELETED> ``(e) Areas of Funding Support.--Subject to the
availability of funds to carry out this section, the Director shall
endeavor, for each fiscal year, to use--</DELETED>
<DELETED> ``(1) not less than 35 percent of funds provided
to the Directorate for such year to carry out subsection
(d)(6);</DELETED>
<DELETED> ``(2) not less than 15 percent of such funds to
carry out the purpose of subsection (d)(5)--</DELETED>
<DELETED> ``(A) with the goal of awarding, across
the key technology focus areas--</DELETED>
<DELETED> ``(i) not fewer than 1,000
postdoctoral awards;</DELETED>
<DELETED> ``(ii) not fewer than 2,000
graduate fellowships and traineeships;
and</DELETED>
<DELETED> ``(iii) not fewer than 1,000
undergraduate scholarships, including
scholarships to attend community
colleges;</DELETED>
<DELETED> ``(B) of which not less than 10 percent of
the funds designated under this paragraph shall be used
to support additional awards to focus on community
college training, education, and teaching programs that
increase the participation of underrepresented
populations in science, technology, engineering, and
mathematics, including technical programs through
programs such as the Advanced Technological Education
program;</DELETED>
<DELETED> ``(C) of which not less than 20 percent of
the funds designated under this paragraph shall be used
to support awards for post-doctorate fellowships,
graduate fellowships and traineeships, and
undergraduate scholarships through institutions of
higher education, and other institutions, located in
jurisdictions that participate in the Established
Program to Stimulate Competitive Research under section
113 of the National Science Foundation Authorization
Act of 1988 (42 U.S.C. 1862g); and</DELETED>
<DELETED> ``(D) if funds remain after carrying out
subparagraphs (A), (B), and (C), awards to institutions
of higher education to enable the institutions to fund
the development and establishment of new or specialized
courses of education for graduate, undergraduate, or
technical college students;</DELETED>
<DELETED> ``(3) not less than 5 percent of such funds to
carry out subsection (d)(7);</DELETED>
<DELETED> ``(4) not less than 10 percent of such funds to
carry out subsection (d)(8);</DELETED>
<DELETED> ``(5) not less than 15 percent of such funds to
carry out research and related activities pursuant to
subclauses (I) and (II) of subsection (d)(3)(A)(ii);
and</DELETED>
<DELETED> ``(6) not less than 20 percent of such funds to
support research in the key technology focus areas through the
Established Program to Stimulate Competitive Research under
section 113 of the National Science Foundation Authorization
Act of 1988 (42 U.S.C. 1862g).</DELETED>
<DELETED> ``(f) Technical Assistance for Award Recipients and
Applicants.--The Director may--</DELETED>
<DELETED> ``(1) coordinate with other Federal agencies to
establish interagency and multidisciplinary teams to provide
technical assistance to recipients of, and prospective
applicants for, awards under this section;</DELETED>
<DELETED> ``(2) by Federal interagency agreement and
notwithstanding any other provision of law, transfer funds
available to carry out this section to the head of another
Federal agency to facilitate and support the provision of such
technical assistance; and</DELETED>
<DELETED> ``(3) enter into contracts with third parties to
provide such technical assistance.</DELETED>
<DELETED> ``(g) Authorization of Appropriations and Limitations.--
</DELETED>
<DELETED> ``(1) Authorization for the office of inspector
general.--From any amounts appropriated for the Foundation for
a fiscal year, there is authorized to be appropriated for
necessary expenses of the Office of Inspector General of the
Foundation an amount of not less than $10,000,000 in any fiscal
year appropriation for the Foundation, for oversight of the
programs and activities established under this section in
accordance with the Inspector General Act of 1978.</DELETED>
<DELETED> ``(2) Supplement and not supplant.--The amounts
authorized to be appropriated to carry out this section shall
supplement, and not supplant, any other amounts already
appropriated to the Foundation or Office of Inspector General
of the Foundation, except with respect to transfers described
in paragraph (3).</DELETED>
<DELETED> ``(3) Transfer of funds authority.--For fiscal
years 2022 through 2024, the Director shall transfer any funds
appropriated to the Directorate to any other directorate or
office of the Foundation for activities directly related to the
key technology focus areas.</DELETED>
<DELETED> ``(4) No new awards.--The Director shall not make
any new awards for the activities described in this section for
any fiscal year in which the total amount appropriated to the
Foundation (not including amounts appropriated for the
Directorate) is less than the total amount appropriated to the
Foundation (not including such amounts), adjusted by the rate
of inflation, for the previous fiscal year.</DELETED>
<DELETED> ``(5) No funds for construction.--No funds
provided under this section shall be used for
construction.</DELETED>
<DELETED> ``(h) Rules of Construction.--Nothing in this section or
any other amendments made to this Act by the Endless Frontier Act shall
be construed to alter the mission of any directorate of the Foundation
existing prior to the date of enactment of such Act, or to alter the
award selection methods or criteria used by such
directorates.''.</DELETED>
<DELETED> (c) Chief Diversity Officer.--The National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), as amended by
subsection (b), is further amended by inserting after section 8A the
following:</DELETED>
<DELETED>``SEC. 8B. CHIEF DIVERSITY OFFICER.</DELETED>
<DELETED> ``(a) Chief Diversity Officer.--</DELETED>
<DELETED> ``(1) Appointment.--The Director shall appoint a
Chief Diversity Officer of the National Science
Foundation.</DELETED>
<DELETED> ``(2) Qualifications.--The Chief Diversity Officer
should have significant experience with diversity and
inclusion, in particular within the Federal Government and
science community.</DELETED>
<DELETED> ``(3) Oversight.--The Chief Diversity Officer
shall report directly to the Director in the performance of the
duties of the Chief Diversity Officer under this
section.</DELETED>
<DELETED> ``(b) Duties.--The Chief Diversity Officer is responsible
for providing advice on policy, oversight, guidance, and coordination
with respect to matters of the National Science Foundation related to
diversity and inclusion. Other duties may include--</DELETED>
<DELETED> ``(1) establishing and maintaining a strategic
plan that publicly states a diversity definition, vision, and
goals for the National Science Foundation;</DELETED>
<DELETED> ``(2) defining a set of strategic metrics that
are--</DELETED>
<DELETED> ``(A) directly linked to key
organizational priorities and goals;</DELETED>
<DELETED> ``(B) actionable; and</DELETED>
<DELETED> ``(C) actively used to implement the
strategic plan under paragraph (1);</DELETED>
<DELETED> ``(3) advising in the establishment of a strategic
plan for diverse participation by institutions of higher
education, including community colleges, historically Black
colleges and universities, Tribal colleges or universities, and
other minority-serving institutions (as such terms are defined
in section 8A(a)), and individuals;</DELETED>
<DELETED> ``(4) advising in the establishment of a strategic
plan for outreach to, and recruiting from, untapped locations
and underrepresented populations; and</DELETED>
<DELETED> ``(5) performing such additional duties and
exercise such powers as the Director may
prescribe.''.</DELETED>
<DELETED> (d) Annual Report on Unfunded Priorities.--</DELETED>
<DELETED> (1) Annual report.--Not later than 10 days after
the date on which the budget of the President for a fiscal year
is submitted to Congress pursuant to section 1105 of title 31,
United States Code, the National Science Board shall submit to
the President and to Congress a report on the unfunded
priorities of the National Science Foundation.</DELETED>
<DELETED> (2) Elements.--Each report submitted under
paragraph (1) shall provide--</DELETED>
<DELETED> (A) for each directorate of the National
Science Foundation for the most recent, fully completed
fiscal year--</DELETED>
<DELETED> (i) the proposal success
rate;</DELETED>
<DELETED> (ii) the percentage and total
funding of proposals that were not funded and
that met the criteria for funding;
and</DELETED>
<DELETED> (iii) the most promising research
areas covered by proposals described in clause
(ii); and</DELETED>
<DELETED> (B) a list, in order of priority, of the
next activities approved by the National Science Board
to be undertaken in the Major Research Equipment and
Facilities Construction account.</DELETED>
<DELETED> (e) Pilot Program.--</DELETED>
<DELETED> (1) In general.--The Director, acting through the
Directorate, shall establish a 5-year pilot program for
awarding grants to eligible partnerships to build research and
education capacity at emerging research institutions to enable
such institutions to contribute to programs run by the
Directorate.</DELETED>
<DELETED> (2) Applications.--An eligible partnership seeking
a grant under this subsection 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 partnership will use the funds awarded
through the grant to achieve a lasting increase in the research
and education capacity of each emerging research institution
included in the eligible partnership.</DELETED>
<DELETED> (3) Activities.--An eligible partnership receiving
a grant under this subsection may use the funds awarded through
such grant for--</DELETED>
<DELETED> (A) faculty salaries and
training;</DELETED>
<DELETED> (B) research experiences for undergraduate
and graduate students;</DELETED>
<DELETED> (C) maintenance and repair of research
equipment and instrumentation; and</DELETED>
<DELETED> (D) any other activities the Director
determines appropriate.</DELETED>
<DELETED> (4) Definitions.--In this subsection:</DELETED>
<DELETED> (A) Director.--The term ``Director'' means
the Director of the National Science
Foundation.</DELETED>
<DELETED> (B) Directorate; emerging research
institution.--The terms ``Directorate'' and ``emerging
research institution'' have the meanings given such
terms in section 8A(a) of the National Science
Foundation Act of 1950, except that, with respect to
the term ``emerging research institution'', the
reference in paragraph (4) of such section to an award
under section 8A of that Act shall be deemed a
reference to a grant under this subsection.</DELETED>
<DELETED> (C) Eligible partnership.--The term
``eligible partnership'' means a partnership of--
</DELETED>
<DELETED> (i) at least 1 emerging research
institution; and</DELETED>
<DELETED> (ii) at least 1 institution
classified as a very high research activity by
the Carnegie Classification of Institutions of
Higher Education.</DELETED>
<DELETED>SEC. 4. ENDLESS FRONTIER FUND.</DELETED>
<DELETED> (a) In General.--There is authorized to be appropriated a
total of $112,410,000,000 for fiscal years 2022 through 2026 for the
implementation of this Act and the amendments made by this Act. Such
funds shall be available for the implementation of this Act and the
amendments made by this Act, and shall be administered by the Director
of the Office of Science and Technology Policy (referred to in this
section as the ``Director'').</DELETED>
<DELETED> (b) Use of Funds.--</DELETED>
<DELETED> (1) Submission of annual allocation.--Until the
date on which all of the amounts in the Fund described in
subsection (a) are expended, the Director shall annually submit
to Congress, together with the annual budget of the United
States, a list of allocations to agencies and departments to
implement this Act and the amendments made by this Act that
includes a detailed description of each program proposed to be
funded, including the estimated expenditures from the Fund for
the program for the applicable fiscal year.</DELETED>
<DELETED> (2) Alternate allocation.--</DELETED>
<DELETED> (A) In general.--The Commerce, Justice,
Science, and Related Agencies Appropriations Act for
the relevant fiscal year may provide for alternate
allocation of amounts made available under this
section.</DELETED>
<DELETED> (B) Allocation by president.--</DELETED>
<DELETED> (i) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations as described
in subparagraph (A) by the date on which the
Act making full-year appropriations for
Commerce, Justice, Science, and Related
Agencies for the applicable fiscal year is
enacted into law, amounts made available under
this section shall be allocated by the
Director.</DELETED>
<DELETED> (ii) Insufficient alternate
allocation.--If Congress enacts legislation
establishing alternate allocations for amounts
made available under this section that are less
than the full amount authorized to be
appropriated to the Fund for that fiscal year
under subsection (a), the difference between
the amount authorized to be appropriated and
the alternate allocation shall be allocated by
the Director.</DELETED>
<DELETED> (c) Limitation.--No funds provided under this section
shall be used for construction, except in the case of infrastructure
projects described in section 28(b)(1)(B) of the Stevenson-Wydler
Technology Innovation Act of 1980 (Public Law 96-480), as added by
section 7(a) of this Act.</DELETED>
<DELETED> (d) Sense of Congress.--It is the sense of Congress that,
during the period of fiscal years 2022 through 2026, the Director shall
make available, from amounts made available under subsection (a)--
</DELETED>
<DELETED> (1) $9,425,000,000 to the regional technology hub
program under section 28 of the Stevenson-Wydler Technology
Innovation Act of 1980 (Public Law 96-480), as added by section
7 of this Act;</DELETED>
<DELETED> (2) $575,000,000 to the comprehensive regional
technology strategy grant program under section 29 of the
Stevenson-Wydler Technology Innovation Act of 1980 (Public Law
96-480), as added by section 8 of this Act, of which
$100,000,000 shall be made available for each of fiscal years
2022 and 2023 and $125,000,000 shall be made available for each
of fiscal years 2024 through 2026;</DELETED>
<DELETED> (3) $100,000,000,000 to the Directorate for
Technology and Innovation of the National Science Foundation,
of which $5,000,000,000 shall be made available for fiscal year
2022, $10,000,000,000 shall be made available for fiscal year
2023, $20,000,000,000 shall be made available for fiscal year
2024, $30,000,000,000 shall be made available for fiscal year
2025, and $35,000,000,000 shall be made available for fiscal
year 2026; and</DELETED>
<DELETED> (4) $2,410,000,000 for the period of fiscal years
2022 through 2026 to the Manufacturing USA Program for
activities described under section 9 of this Act.</DELETED>
<DELETED>SEC. 5. STRATEGY AND REPORT ON ECONOMIC SECURITY, SCIENCE,
RESEARCH, AND INNOVATION TO SUPPORT THE NATIONAL SECURITY
STRATEGY.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Agriculture,
Nutrition, and Forestry, the Committee on
Appropriations, the Committee on Armed Services, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on the Budget, the Committee on Commerce,
Science, and Transportation, the Committee on Energy
and Natural Resources, the Committee on Finance, the
Committee on Foreign Relations, the Committee on
Health, Education, Labor, and Pensions, the Committee
on Homeland Security and Governmental Affairs, the
Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate; and</DELETED>
<DELETED> (B) the Committee on Agriculture, the
Committee on Appropriations, the Committee on Armed
Services, the Committee on the Budget, the Committee on
Education and Labor, the Committee on Energy and
Commerce, the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Homeland
Security, the Committee on the Judiciary, the Committee
on Oversight and Reform, the Committee on Science,
Space, and Technology, the Committee on Ways and Means,
and the Permanent Select Committee on Intelligence of
the House of Representatives.</DELETED>
<DELETED> (2) Key technology focus area.--The term ``key
technology focus area'' means an area included on the most
recent list under section 8A(d)(2) of the National Science
Foundation Act of 1950.</DELETED>
<DELETED> (3) National security strategy.--The term
``national security strategy'' means the national security
strategy required by section 108 of the National Security Act
of 1947 (50 U.S.C. 3043).</DELETED>
<DELETED> (b) Strategy and Report.--</DELETED>
<DELETED> (1) In general.--In 2021 and in each year
thereafter before the applicable date set forth under paragraph
(2), the Director of the Office of Science and Technology
Policy, in coordination with the Director of the National
Economic Council, the Director of the National Science
Foundation, the Secretary of Commerce, the Secretary of Energy,
the National Security Council, the United States Patent and
Trademark Office, and the heads of other relevant Federal
agencies and in consultation with relevant nongovernmental
partners, shall--</DELETED>
<DELETED> (A) review such strategy, programs, and
resources as the Director of the Office of Science and
Technology Policy determines pertain to United States
national competitiveness in science, research,
innovation, and technology transfer, including
patenting and licensing, to support the national
security strategy;</DELETED>
<DELETED> (B) develop or revise a strategy for the
Federal Government to improve the national
competitiveness of the United States in science,
research, and innovation to support the national
security strategy; and</DELETED>
<DELETED> (C) submit to the appropriate committees
of Congress--</DELETED>
<DELETED> (i) a report on the findings of
the Director with respect to the review
conducted under subparagraph (A); and</DELETED>
<DELETED> (ii) the strategy developed or
revised under subparagraph (B).</DELETED>
<DELETED> (2) Applicable dates.--In each year, the
applicable date set forth under this paragraph is as
follows:</DELETED>
<DELETED> (A) In 2021, December 31, 2021.</DELETED>
<DELETED> (B) In 2022 and every year thereafter--
</DELETED>
<DELETED> (i) in any year in which a new
President is inaugurated, October 1 of that
year; and</DELETED>
<DELETED> (ii) in any other year, the date
that is 90 days after the date of the
transmission to Congress in that year of the
national security strategy.</DELETED>
<DELETED> (c) Elements.--</DELETED>
<DELETED> (1) Report.--Each report submitted under
subsection (b)(1)(C)(i) shall include the following:</DELETED>
<DELETED> (A) An assessment of public and private
investment in civilian and military science and
technology and its implications for the geostrategic
position and national security of the United
States.</DELETED>
<DELETED> (B) A description of the prioritized
economic security interests and objectives, including
domestic job creation, of the United States relating to
science, research, and innovation and an assessment of
how investment in civilian and military science and
technology can advance those objectives.</DELETED>
<DELETED> (C) An assessment of how regional efforts
are contributing and could contribute to the innovation
capacity of the United States, including--</DELETED>
<DELETED> (i) programs run by State and
local governments; and</DELETED>
<DELETED> (ii) regional factors that are
contributing or could contribute positively to
innovation.</DELETED>
<DELETED> (D) An assessment of--</DELETED>
<DELETED> (i) workforce needs for
competitiveness and national security in key
technology areas; and</DELETED>
<DELETED> (ii) Federal support needed--
</DELETED>
<DELETED> (I) to expand domestic and
international student pathways into key
technology areas; and</DELETED>
<DELETED> (II) to improve workforce
development and employment systems, as
well as programs and practices to
upskill incumbent workers.</DELETED>
<DELETED> (E) An assessment of barriers to
competitiveness in key technology focus areas and
barriers to the development and evolution of start-ups,
small and mid-sized business entities, and industries
in key technology focus areas.</DELETED>
<DELETED> (F) An assessment of the effectiveness of
the Federal Government, federally funded research and
development centers, and national labs in supporting
and promoting technology commercialization and
technology transfer, including an assessment of the
adequacy of Federal research and development funding in
promoting competitiveness and the development of new
technologies.</DELETED>
<DELETED> (G) An assessment of manufacturing
capacity, logistics, and supply chain dynamics of major
export sectors, including access to a skilled
workforce, physical infrastructure, and broadband
network infrastructure.</DELETED>
<DELETED> (H) An assessment of how the Federal
Government is increasing the participation of
underrepresented populations in science, research,
innovation, and manufacturing.</DELETED>
<DELETED> (I) An assessment of the effectiveness of
the Federal Government, federally funded research and
development centers, and national laboratories in
transitioning technologies and processes that emerge
from federally funded research to new domestic
manufacturing growth and job creation across sectors in
the United States.</DELETED>
<DELETED> (2) Strategy.--Each strategy submitted under
subsection (b)(1)(C)(ii) shall include the following:</DELETED>
<DELETED> (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 technology areas central to
competition between the United States and China,
including the following:</DELETED>
<DELETED> (i) Specific objectives, tasks,
metrics, and milestones for each relevant
Federal agency.</DELETED>
<DELETED> (ii) Specific plans to support
public and private sector investment in
research, technology development, education and
workforce development, and domestic
manufacturing in key technology focus areas
supportive of the national economic
competitiveness of the United States and to
foster the prudent use of public-private
partnerships.</DELETED>
<DELETED> (iii) Specific plans to promote
environmental stewardship and fair competition
for United States workers.</DELETED>
<DELETED> (iv) A description of--</DELETED>
<DELETED> (I) how the strategy
submitted under subsection
(b)(1)(C)(ii) supports the national
security strategy; and</DELETED>
<DELETED> (II) how the strategy
submitted under such subsection is
integrated and coordinated with the
most recent national defense strategy
under section 113(g) of title 10,
United States Code.</DELETED>
<DELETED> (v) A plan to encourage the
governments of countries that are allies or
partners of the United States to cooperate with
the execution of the strategy submitted under
subsection (b)(1)(C)(ii), where
appropriate.</DELETED>
<DELETED> (vi) A plan to encourage certain
international and multilateral organizations to
support the implementation of such
strategy.</DELETED>
<DELETED> (vii) A plan for how the United
States should develop local and regional
capacity for building innovation ecosystems
across the Nation by providing Federal
support.</DELETED>
<DELETED> (viii) A plan for strengthening
the industrial base of the United
States.</DELETED>
<DELETED> (B) An identification of additional
resources, administrative action, or legislative action
recommended to assist with the implementation of such
strategy.</DELETED>
<DELETED> (d) Form of Reports and Strategies.--Each report and
strategy submitted under subsection (b)(1)(C) shall be submitted in
unclassified form, but may include a classified annex.</DELETED>
<DELETED>SEC. 6. SUPPLY CHAIN RESILIENCY PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Critical industry.--The term ``critical
industry'' means--</DELETED>
<DELETED> (A) key technology focus areas, as defined
in section 8A(a) of the National Science Foundation Act
of 1950, as added by section 3(b) of this Act;
and</DELETED>
<DELETED> (B) areas identified by the report in
subsection (f).</DELETED>
<DELETED> (2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given the term in the Critical
Infrastructures Protection Act of 2001 (42 U.S.C.
5195c).</DELETED>
<DELETED> (3) Foreign entity.--The term ``foreign entity''--
</DELETED>
<DELETED> (A) means--</DELETED>
<DELETED> (i) the government of a foreign
country;</DELETED>
<DELETED> (ii) a foreign political
party;</DELETED>
<DELETED> (iii) an individual who is not a
protected individual (as defined in section
274B(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1324b(a)(3))); or</DELETED>
<DELETED> (iv) a partnership, association,
corporation, organization, or other combination
of persons organized under the laws of, or
having its principal place of business in, a
foreign country; and</DELETED>
<DELETED> (B) includes--</DELETED>
<DELETED> (i) any person owned by,
controlled by, or subject to the jurisdiction
or direction of, a person described in
subparagraph (A);</DELETED>
<DELETED> (ii) any person, wherever located,
that acts as an agent, representative, or
employee of a person described in subparagraph
(A);</DELETED>
<DELETED> (iii) any person that acts in any
other capacity at the order or request, or
under the direction or control, of--</DELETED>
<DELETED> (I) a person described in
subparagraph (A); or</DELETED>
<DELETED> (II) a person, the
activities of which are directly or
indirectly supervised, directed,
controlled, financed, or subsidized in
whole or in majority part by a person
described in subparagraph
(A);</DELETED>
<DELETED> (iv) any person that directly or
indirectly through any contract, arrangement,
understanding, relationship, or otherwise owns
not less than 25 percent of the equity
interests of a person described in subparagraph
(A);</DELETED>
<DELETED> (v) any person with significant
responsibility to control, manage, or direct a
person described in subparagraph (A);</DELETED>
<DELETED> (vi) any individual, wherever
located, who is a citizen or resident of a
country controlled by a person described in
subparagraph (A); and</DELETED>
<DELETED> (vii) any corporation,
partnership, association, or other organization
organized under the laws of a country
controlled by a person described in
subparagraph (A).</DELETED>
<DELETED> (4) Foreign entity of concern.--The term ``foreign
entity of concern'' means a foreign entity that is--</DELETED>
<DELETED> (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));</DELETED>
<DELETED> (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'');</DELETED>
<DELETED> (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 defined in
section 2533c(d) of title 10, United States
Code);</DELETED>
<DELETED> (D) alleged by the Attorney General to
have been involved in activities for which a conviction
was obtained under--</DELETED>
<DELETED> (i) chapter 37 of title 18, United
States Code (commonly known as the ``Espionage
Act'');</DELETED>
<DELETED> (ii) section 951 or 1030 of title
18, United States Code;</DELETED>
<DELETED> (iii) chapter 90 of title 18,
United States Code (commonly known as the
``Economic Espionage Act of 1996'');</DELETED>
<DELETED> (iv) the Arms Export Control Act
(22 U.S.C. 2751 et seq.);</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (vi) the Export Control Reform Act
of 2018 (50 U.S.C. 4801 et seq.); or</DELETED>
<DELETED> (vii) the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.);
or</DELETED>
<DELETED> (E) determined by the Secretary, 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.</DELETED>
<DELETED> (5) Labor organization.--The term ``labor
organization'' has the meaning given such term in section 8A(a)
of the National Science Foundation Act of 1950.</DELETED>
<DELETED> (6) Program.--The term ``program'' means the
supply chain resiliency and crisis response program established
under subsection (b).</DELETED>
<DELETED> (7) Relevant committees of congress.--The term
``relevant committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Commerce, Science,
and Transportation of the Senate;</DELETED>
<DELETED> (B) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (C) the Committee on Finance of the
Senate;</DELETED>
<DELETED> (D) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (E) the Committee on Armed Services of the
Senate;</DELETED>
<DELETED> (F) the Select Committee on Intelligence
of the Senate;</DELETED>
<DELETED> (G) the Committee on Science, Space, and
Technology of the House of Representatives;</DELETED>
<DELETED> (H) the Committee on Energy and Commerce
of the House of Representatives;</DELETED>
<DELETED> (I) the Committee on Appropriations of the
House of Representatives;</DELETED>
<DELETED> (J) the Committee on Ways and Means of the
House of Representatives;</DELETED>
<DELETED> (K) the Committee on Homeland Security of
the House of Representatives;</DELETED>
<DELETED> (L) the Committee on Armed Services of the
House of Representatives; and</DELETED>
<DELETED> (M) the Permanent Select Committee on
Intelligence of the House of Representatives.</DELETED>
<DELETED> (8) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.</DELETED>
<DELETED> (b) Establishment.--The Secretary shall establish in the
Department of Commerce a supply chain resiliency and crisis response
program to carry out the activities described in subsection
(d).</DELETED>
<DELETED> (c) Mission and Priorities.--</DELETED>
<DELETED> (1) Mission.--The mission of the program is to--
</DELETED>
<DELETED> (A) ensure the leadership of the United
States with respect to industries that are essential to
mid-term and long-term national security and economic
competitiveness;</DELETED>
<DELETED> (B) promote, in partnership with the
private sector and other relevant stakeholders, the
resiliency of supply chains of the United States and
allied or partner countries; and</DELETED>
<DELETED> (C) encourage partnerships between the
Federal Government and industry, labor organizations,
and State, local, territorial, and Tribal governments
in order to better respond to supply chain
crises.</DELETED>
<DELETED> (2) Priorities.--The program shall--</DELETED>
<DELETED> (A) in partnership with the private
sector, build resilient and secure supply chains
(including through the mid-term and long-term
diversification of key supply chains, which shall
include the support of small- and medium-sized
businesses) that can ensure the access of the United
States to critical goods and services in the face of
shocks, including pandemic and biological threats,
cyberattacks, extreme weather events, terrorist and
geopolitical attacks, great power conflict, and other
threats to national security, with key parts of such
resilience being--</DELETED>
<DELETED> (i) the diversification of key
supply chains with allies or key partners;
and</DELETED>
<DELETED> (ii) working with allies or key
partners through agreements and other
commitments; and</DELETED>
<DELETED> (B) support collaboration with allies or
key partners to collectively build and strengthen
resilient global supply chains, including through
identifying supply chain vulnerabilities, expanding
productive capacity, and stockpiling essential
goods.</DELETED>
<DELETED> (d) Activities.--Under the program, the Secretary, acting
through 1 or more bureaus or other divisions of the Department of
Commerce as appropriate, shall carry out activities--</DELETED>
<DELETED> (1) to map and monitor key supply chains and to
identify current and future key supply chain gaps and
vulnerabilities in critical industries;</DELETED>
<DELETED> (2) to develop or identify opportunities to build
domestic capacity, and cooperate with allies or key partners,
to address supply chain gaps and vulnerabilities in critical
industries;</DELETED>
<DELETED> (3) to consult and collaborate with the Director
of the Office of Management and Budget, the Secretary of
Defense, the Secretary of Homeland Security, the Secretary of
the Treasury, the Secretary of Energy, the Secretary of
Transportation, the Secretary of Agriculture, the Secretary of
State, the Director of National Intelligence, the Director of
the Office of Science and Technology Policy, and, as
appropriate, the heads of other Federal departments and
agencies to invest in urgent supply chain gaps;</DELETED>
<DELETED> (4) to encourage partnerships between the Federal
Government and industry, labor organizations, and State, local,
territorial, and Tribal governments to better respond to
crises;</DELETED>
<DELETED> (5) to support the distribution of critical
resources to areas that have the greatest needs during
crises;</DELETED>
<DELETED> (6) to develop contingency plans to ensure a
resilient supply chain response for potential crises;</DELETED>
<DELETED> (7) to ensure that allies and key partners have
supply chains that are capable of supporting critical
industries; and</DELETED>
<DELETED> (8) to enter into agreements and partnerships with
allied or partner governments to promote diversified and
resilient supply chains that ensure supply of critical goods to
both the United States and allied companies.</DELETED>
<DELETED> (e) Authorities.--The Secretary may--</DELETED>
<DELETED> (1) establish a unified coordination group to
serve as the primary method for coordinating between and among
Federal departments and agencies in response to known supply
chain risks as well as for integrating private sector partners
into efforts, as appropriate, to--</DELETED>
<DELETED> (A) study technical, engineering, and
operational data acquired on a voluntary basis from the
private sector, in a manner that ensures any data
provided by the private sector is kept confidential and
as required under section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information
Act'');</DELETED>
<DELETED> (B) directly receive whistleblower
complaints with appropriate protection; and</DELETED>
<DELETED> (C) identify key competitiveness
challenges in critical industries;</DELETED>
<DELETED> (2) enter into agreements with allied or partner
governments regarding supply chain security
assurances;</DELETED>
<DELETED> (3) coordinate with other divisions of the
Department of Commerce and other Federal departments and
agencies to leverage existing authorities, as of the date of
enactment of this Act, to strengthen supply chain resilience;
and</DELETED>
<DELETED> (4) with the approval of the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives, transfer funds
to, or receive funds from, other departments and agencies to
implement the program.</DELETED>
<DELETED> (f) Report on Supply Chain Resiliency and Domestic
Manufacturing.--Not later than 180 days after the date of enactment of
this Act, and not less frequently than every 2 years thereafter, the
Secretary shall submit to the relevant committees of Congress a review,
in coordination with other relevant Federal departments and agencies--
</DELETED>
<DELETED> (1) identifying--</DELETED>
<DELETED> (A) technologies critical to economic
competitiveness and national security; and</DELETED>
<DELETED> (B) supplies critical to the crisis
preparedness of the United States, such as medical
supplies, personal protective equipment, disaster
response necessities, electrical generation technology,
materials essential to critical infrastructure
operation or repair and renovation, and other supplies
identified by the Secretary;</DELETED>
<DELETED> (2) describing--</DELETED>
<DELETED> (A) the current domestic manufacturing
base and supply chains for those technologies and
supplies, including raw materials, production
equipment, and other goods essential to the production
of those technologies and supplies; and</DELETED>
<DELETED> (B) the ability of the United States to
maintain readiness and to surge produce those
technologies and supplies in response to an
emergency;</DELETED>
<DELETED> (3) identifying defense, intelligence, homeland,
economic, domestic labor supply, natural, geopolitical, or
other contingencies that may disrupt, strain, compromise, or
eliminate the supply chain for those technologies and
supplies;</DELETED>
<DELETED> (4) assessing the resiliency and capacity of the
domestic, allied, and partner manufacturing base, supply
chains, and workforce to support the need for those
technologies and supplies, including any single points of
failure in those supply chains;</DELETED>
<DELETED> (5) assessing flexible manufacturing capacity
available in the United States in cases of emergency;</DELETED>
<DELETED> (6) making specific recommendations to improve the
security and resiliency of manufacturing capacity and supply
chains by--</DELETED>
<DELETED> (A) developing long-term
strategies;</DELETED>
<DELETED> (B) increasing visibility throughout
multiple supplier tiers;</DELETED>
<DELETED> (C) identifying and mitigating risks,
including the financial and operational risks of a
supply chain, vulnerabilities to extreme weather
events, cyberattacks, pandemic and biological threats,
terrorist and geopolitical attacks, and other
emergencies, and exposure to gaps in domestic sourcing
and import exposure;</DELETED>
<DELETED> (D) identifying enterprise resource
planning systems that are compatible across supply
chain tiers and are affordable for small and medium-
sized businesses;</DELETED>
<DELETED> (E) understanding the total cost of
ownership, total value contribution, and other best
practices that encourage strategic partnerships
throughout the supply chain;</DELETED>
<DELETED> (F) understanding Federal procurement
opportunities to increase resiliency of supply chains
for goods and services and fill gaps in domestic
purchasing;</DELETED>
<DELETED> (G) identifying policies to maximize
domestic job retention and creation, including
workforce development programs;</DELETED>
<DELETED> (H) identifying and mitigating risks
associated with allied or key partner countries in
building more resilient supply chains; and</DELETED>
<DELETED> (I) identifying such other services as the
Secretary considers necessary;</DELETED>
<DELETED> (7) providing guidance on technologies and
supplies to be prioritized for assistance and other activities
under the Department of Commerce, the National Science
Foundation, and other relevant Federal agencies;</DELETED>
<DELETED> (8) reviewing and, if appropriate, expanding the
sourcing of goods associated with critical technology areas
from allies or key partners, including recommendations for
coordination with allies or key partners on sourcing critical
products; and</DELETED>
<DELETED> (9) monitoring and strengthening the financial and
operational health of small and medium enterprises in domestic,
allied, and partner supply chains to mitigate risks and ensure
diverse, competitive supplier markets that are less vulnerable
to single points of failure.</DELETED>
<DELETED> (g) Additional Hiring Authority.--</DELETED>
<DELETED> (1) In general.--To the extent needed to carry out
the program, the Secretary may--</DELETED>
<DELETED> (A) utilize hiring authorities under
section 3372 of title 5, United States Code, to staff
the program with employees from other Federal agencies,
institutions of higher education, and other
organizations as described in that section with
relevant experience in supply chain management and
investment in the same manner and subject to the same
conditions that apply to such individuals utilized to
accomplish other missions of the Department of
Commerce;</DELETED>
<DELETED> (B) appoint and fix the compensation of
such temporary personnel as may be necessary to
implement the requirements of this section relating to
the program, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service; and</DELETED>
<DELETED> (C) appoint an individual appointed under
subparagraph (B), after serving continuously for not
less than 2 years, to a position in the Department of
Commerce in the same manner that an employee serving in
a position in the competitive service may be
transferred, reassigned, or promoted.</DELETED>
<DELETED> (2) No reimbursement.--Any assignment provided
under paragraph (1)(A) shall be made without
reimbursement.</DELETED>
<DELETED> (3) Effect of appointment.--An individual
appointed as described in paragraph (1)(C) shall be considered
to be appointed under a career-conditional appointment, unless
the individual, as of the date on which the individual is
appointed, has completed a sufficient amount of creditable
service to attain a permanent career appointment.</DELETED>
<DELETED> (h) Semiconductor Incentives.--</DELETED>
<DELETED> (1) In general.--The Secretary shall carry out the
program established under section 9902 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) as part of the program.</DELETED>
<DELETED> (2) Technical and conforming amendment.--Section
9902(a)(1) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended by striking ``in the Department of Commerce'' and
inserting ``as part of the program established under section 6
of the Endless Frontier Act''.</DELETED>
<DELETED> (i) Report to Congress.--Concurrent with the annual
submission by the President of a budget under section 1105 of title 31,
United States Code, the Secretary shall submit to the relevant
committees of Congress a report that contains a summary of all
activities carried out under this section for the year covered by the
report.</DELETED>
<DELETED> (j) Coordination.--The Secretary of Commerce shall, as
appropriate, coordinate with the heads of other Federal departments and
agencies, including the Secretary of State and the United States Trade
Representative, in the implementation of this program.</DELETED>
<DELETED> (k) Rule of Construction Regarding Private Entities.--
Nothing in this section shall be construed to require any private
entity--</DELETED>
<DELETED> (1) to request assistance from the Secretary;
or</DELETED>
<DELETED> (2) that requested such assistance from the
Secretary to implement any measure or recommendation suggested
by the Secretary.</DELETED>
<DELETED> (l) Funding.--</DELETED>
<DELETED> (1) In general.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to
carry out this section, which shall remain available until
expended.</DELETED>
<DELETED> (2) Inspector general funding.--Of the amounts
made available in a fiscal year to carry out this section, not
more than 2 percent of those amounts shall be available to the
Inspector General of the Department of Commerce to conduct
oversight activities with respect to the program.</DELETED>
<DELETED> (3) Transfers.--Of the amounts made available in a
fiscal year to carry out this section, the Secretary may
transfer not more than 5 percent of those amounts to the
account under the heading ``Department of Commerce--Salaries
and Expenses'' to provide for administration and oversight
activities relating to the program.</DELETED>
<DELETED>SEC. 7. REGIONAL TECHNOLOGY HUB PROGRAM.</DELETED>
<DELETED> (a) In General.--The Stevenson-Wydler Technology
Innovation Act of 1980 (Public Law 96-480; 15 U.S.C. 3701 et seq.) is
amended--</DELETED>
<DELETED> (1) by redesignating section 28 as section 30;
and</DELETED>
<DELETED> (2) by inserting after section 27 the
following:</DELETED>
<DELETED>``SEC. 28. REGIONAL TECHNOLOGY HUB PROGRAM.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Appropriate committees of congress.--The
term `appropriate committees of Congress' means--</DELETED>
<DELETED> ``(A) the Committee on Commerce, Science,
and Transportation, the Committee on Environment and
Public Works, and the Committee on Appropriations of
the Senate; and</DELETED>
<DELETED> ``(B) the Committee on Science, Space, and
Technology, the Committee on Transportation and
Infrastructure, and the Committee on Appropriations of
the House of Representatives.</DELETED>
<DELETED> ``(2) Cooperative extension.--The term
`cooperative extension' has the meaning given the term
`extension' in section 1404 of the Food and Agriculture Act of
1977 (7 U.S.C. 3103).</DELETED>
<DELETED> ``(3) Key technology focus areas.--The term `key
technology focus areas' means the areas included on the most
recent list under section 8A(d)(2) of the National Science
Foundation Act of 1950.</DELETED>
<DELETED> ``(4) Labor organization.--The term `labor
organization' has the meaning given such term in section 8A(a)
of the National Science Foundation Act of 1950.</DELETED>
<DELETED> ``(5) Large metropolitan communities.--The term
`large metropolitan community' means a metropolitan statistical
area with a population of more than 500,000.</DELETED>
<DELETED> ``(6) 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)).</DELETED>
<DELETED> ``(7) 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)).</DELETED>
<DELETED> ``(8) Mid-sized metropolitan communities.--The
term `mid-sized metropolitan community' means a metropolitan
statistical area with a population of more than 200,000 and not
more than 500,000.</DELETED>
<DELETED> ``(9) Other technology and innovation sectors
critical to national and economic security.--The term `other
technology and innovation sectors critical to national and
economic security' means other technology and innovation
sectors that the Secretary determines are critical to national
and economic security.</DELETED>
<DELETED> ``(10) 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 200,000.</DELETED>
<DELETED> ``(11) Venture development organization.--The term
`venture development organization' means a State or nonprofit
organization focused primarily toward strengthening regional
economic development through innovation by--</DELETED>
<DELETED> ``(A) accelerating the commercialization
of research and technology;</DELETED>
<DELETED> ``(B) strengthening the competitive
position of startups and industry through the
development, commercial adoption, or deployment of
technology;</DELETED>
<DELETED> ``(C) providing financial grants, loans,
or direct investment to commercialize
technology;</DELETED>
<DELETED> ``(D) pairing direct financial assistance
under subparagraph (C) with entrepreneurship,
technological, or business assistance to maximize the
likelihood of success for a venture and increased
employment growth for the region or a sector;
and</DELETED>
<DELETED> ``(E) returning any proceeds gained from
direct financial assistance made using organization
funds to the organization for future reinvestment,
entrepreneurial assistance, and support of
operations.</DELETED>
<DELETED> ``(b) Regional Technology Hub Program.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall carry out a
program--</DELETED>
<DELETED> ``(A) to designate eligible consortia as
regional technology hubs that create the conditions,
within a region, to facilitate activities that--
</DELETED>
<DELETED> ``(i) enable United States
leadership in a key technology focus area,
complementing the Federal research and
development investments under section 8A of the
National Science Foundation Act of 1950, or
other technology and innovation sectors
critical to national and economic
security;</DELETED>
<DELETED> ``(ii) support regional economic
development that diffuses innovation around the
United States, enabling better broad-based
growth and competitiveness in key technology
focus areas;</DELETED>
<DELETED> ``(iii) support domestic job
creation; and</DELETED>
<DELETED> ``(iv) otherwise support the
purposes set forth under paragraph
(2);</DELETED>
<DELETED> ``(B) to support regional technology hubs
designated under subparagraph (A); and</DELETED>
<DELETED> ``(C) to conduct ongoing research,
evaluation, analysis, and dissemination of best
practices for regional development and competitiveness
in technology and innovation.</DELETED>
<DELETED> ``(2) Purposes.--The purposes of the program
carried out under paragraph (1) are as follows:</DELETED>
<DELETED> ``(A) To designate eligible consortia as
regional technology hubs throughout the United States
that create the conditions within a region to
facilitate activities that establish the global
competitive edge of the United States in the 21st
century across a range of technology and innovation
sectors critical to national and economic security,
including to encourage lower-cost but economically
viable technology hubs in the United States to reduce
technology offshoring.</DELETED>
<DELETED> ``(B) To encourage new and constructive
collaboration among local, State, and Federal
Government entities, academia, private industry, and
labor organizations to mobilize investment, talent,
entrepreneurship, and innovation for research,
development, deployment, and manufacturing in a range
of technology and innovation sectors critical to
national and economic security.</DELETED>
<DELETED> ``(C) To assist regions across the United
States, including small cities and rural areas--
</DELETED>
<DELETED> ``(i) to develop and implement
strategies through technology-based economic
development practices, including infrastructure
and workforce development, entrepreneurship and
commercialization support, increasing access to
capital, and building networks and systems to
help bring ideas and businesses to market, and
other relevant activities;</DELETED>
<DELETED> ``(ii) to improve domestic supply
chains in technology and innovation sectors;
and</DELETED>
<DELETED> ``(iii) to enable broad-based
economic growth, job creation and
competitiveness in the United States.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Eligible Consortia.--For purposes of this section,
an eligible consortium is a consortium that--</DELETED>
<DELETED> ``(1) includes 1 or more--</DELETED>
<DELETED> ``(A) institutions of higher
education;</DELETED>
<DELETED> ``(B) local or Tribal governments or other
political subdivisions of a State;</DELETED>
<DELETED> ``(C) State governments represented by an
agency designated by the governor of the State or
States that is representative of the geographic area
served by the consortia;</DELETED>
<DELETED> ``(D) economic development organizations
or similar entities that are focused primarily on
improving science, technology, innovation, or
entrepreneurship;</DELETED>
<DELETED> ``(E) industry or firms in relevant
technology or innovation sectors;</DELETED>
<DELETED> ``(F) labor organizations; and</DELETED>
<DELETED> ``(G) workforce training organizations,
including State and local workforce development boards
as established under section 101 of the Workforce
Investment and Opportunity Act (29 U.S.C. 3111);
and</DELETED>
<DELETED> ``(2) may include 1 or more--</DELETED>
<DELETED> ``(A) nonprofit 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);</DELETED>
<DELETED> ``(B) for-profit entities with relevant
expertise;</DELETED>
<DELETED> ``(C) venture development
organizations;</DELETED>
<DELETED> ``(D) financial institutions and
investment funds;</DELETED>
<DELETED> ``(E) primary and secondary educational
institutions, including career and technical education
schools;</DELETED>
<DELETED> ``(F) industry and industry
associations;</DELETED>
<DELETED> ``(G) National Laboratories (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801));</DELETED>
<DELETED> ``(H) Federal laboratories;</DELETED>
<DELETED> ``(I) manufacturing extension
centers;</DELETED>
<DELETED> ``(J) Manufacturing USA
institutes;</DELETED>
<DELETED> ``(K) institutions receiving an award
under paragraph (6) or (7) of section 8A(d) of the
National Science Foundation Act of 1950; and</DELETED>
<DELETED> ``(L) a cooperative extension.</DELETED>
<DELETED> ``(d) Designation of Regional Technology Hubs.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall use a
competitive process for the designation of regional technology
hubs under subsection (b)(1)(A).</DELETED>
<DELETED> ``(2) Number of regional technology hubs.--During
the 5-year period beginning on the date of the enactment of the
Endless Frontier Act, the Secretary shall designate not fewer
than 10 and not more than 15 eligible consortia as regional
technology hubs under subsection (b)(1)(A), if the Secretary
has received a sufficient number of qualified applications and
appropriations to carry out this section.</DELETED>
<DELETED> ``(3) Geographic distribution.--In conducting the
competitive process under paragraph (1), the Secretary shall
ensure geographic distribution in the designation of regional
technology hubs by--</DELETED>
<DELETED> ``(A) aiming to designate regional
technology hubs in as many regions of the United States
as possible; and</DELETED>
<DELETED> ``(B) focusing on localities that have
clear potential and relevant assets for developing a
self-sustaining competitive position in a technology or
innovation sector but have not yet become leading
technology centers.</DELETED>
<DELETED> ``(4) Eligible consortia that serve small and
rural communities.--Under subsection (b)(1)(A), the Secretary
shall designate at least 3 eligible consortia that--</DELETED>
<DELETED> ``(A) serve small and rural communities;
and</DELETED>
<DELETED> ``(B) have received a grant under section
29.</DELETED>
<DELETED> ``(5) EPSCoR.--The Secretary shall ensure that, of
the eligible consortia designated as regional technology hubs
under subsection (b)(1)(A), not fewer than 5 of such consortia
include at least 1 State that is eligible to receive funding
from the Established Program to Stimulate Competitive Research
of the National Science Foundation.</DELETED>
<DELETED> ``(6) Relation to certain grant awards.--The
Secretary may not require an eligible consortium to receive a
grant under section 29 in order to be designated as a regional
technology hub under subsection (b)(1)(A) of this
section.</DELETED>
<DELETED> ``(e) Grants and Cooperative Agreements.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall carry out
subparagraph (B) of subsection (b)(1) through the award of
grants or cooperative agreements to eligible consortia
designated under subparagraph (A) of such subsection.</DELETED>
<DELETED> ``(2) Term.--</DELETED>
<DELETED> ``(A) In general.--The term of a grant or
cooperative agreement awarded under paragraph (1) shall
be for such period as the Secretary considers
appropriate.</DELETED>
<DELETED> ``(B) Renewal.--The Secretary may renew a
grant or cooperative agreement awarded to an eligible
consortia under paragraph (1) as the Secretary
considers appropriate if the Secretary determines
pursuant to subsection (i) that the performance of the
eligible consortia is satisfactory.</DELETED>
<DELETED> ``(3) Matching required.--</DELETED>
<DELETED> ``(A) In general.--Except in the case of
an eligible consortium described in subparagraph (B),
the total Federal financial assistance awarded in a
given year to an eligible consortium in support of the
eligible consortium's operation as a regional
technology hub under this section shall not exceed
amounts as follows:</DELETED>
<DELETED> ``(i) In first year of the grant
or cooperative agreement, 90 percent of the
total operating and maintenance costs of the
regional technology hub in that fiscal
year.</DELETED>
<DELETED> ``(ii) In second year of the grant
or cooperative agreement, 85 percent of the
total operating and maintenance costs of the
regional technology hub in that fiscal
year.</DELETED>
<DELETED> ``(iii) In third year of the grant
or cooperative agreement, 80 percent of the
total operating and maintenance costs of the
regional technology hub in that fiscal
year.</DELETED>
<DELETED> ``(iv) In fourth year of the grant
or cooperative agreement and each year
thereafter, 75 percent of the total operating
and maintenance costs of the regional
technology hub in that fiscal year.</DELETED>
<DELETED> ``(B) Small and rural communities and
indian tribes.--</DELETED>
<DELETED> ``(i) In general.--The total
Federal financial assistance awarded in a given
year to an eligible consortium in support of
the eligible consortium's operation as a
regional technology hub under this section
shall not exceed amounts as follows:</DELETED>
<DELETED> ``(I) In the case of an
eligible consortium that represents a
small and rural community, in a fiscal
year, 90 percent of the total funding
of the regional technology hub in that
fiscal year.</DELETED>
<DELETED> ``(II) In the case of an
eligible consortium that is led by a
Tribal government, in a fiscal year,
100 percent of the total funding of the
regional technology hub in that fiscal
year.</DELETED>
<DELETED> ``(ii) Minimum threshold or rural
representation.--The Secretary shall establish
a minimum threshold of rural representation for
purposes of clause (i)(I).</DELETED>
<DELETED> ``(C) 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 hub in a fiscal
year.</DELETED>
<DELETED> ``(4) Use of grant and cooperative agreement
funds.--The recipient of a grant or cooperative agreement
awarded under paragraph (1) shall use the grant or cooperative
agreement for multiple activities determined appropriate by the
Secretary, including--</DELETED>
<DELETED> ``(A) the permissible activities set forth
under section 27(c)(2); and</DELETED>
<DELETED> ``(B) activities in support of key
technology focus areas and other technology and
innovation sectors critical to national and economic
security--</DELETED>
<DELETED> ``(i) to develop regional
strategies for infrastructure and site
development in support of the regional
technology hub's plans and programs;</DELETED>
<DELETED> ``(ii) to support business
activity that makes domestic supply chain more
resilient and encourages the growth of
coordinated multiparty systems in the United
States and creation and growth of business
entities;</DELETED>
<DELETED> ``(iii) to attract new private,
public, and philanthropic investment in the
region for developing innovation capacity,
including establishing regional venture and
loan funds, including through venture
development organizations, for financing
technology commercialization, new business
formation, and business expansions;</DELETED>
<DELETED> ``(iv) to further the development,
deployment, and domestic manufacturing of
technologies in the key technology focus areas
and other technology and innovation sectors
critical to national and economic security,
including innovations derived from research
conducted at institutions of higher education
or other research entities, including research
conducted by federally funded research and
development centers, National Laboratories,
Federal laboratories, Manufacturing USA
institutes, university technology centers
established under paragraph (6) of section
8A(d) of the National Science Foundation Act of
1950, the program established under paragraph
(7) of such section 8A(d), test beds
established and operated under paragraph (8) of
such section 8A(d), or other Federal research
entities, through activities that may include--
</DELETED>
<DELETED> ``(I) proof-of-concept
development and prototyping;</DELETED>
<DELETED> ``(II) technology transfer
and commercialization, including
patenting and licensing;</DELETED>
<DELETED> ``(III) public-private
partnerships in order to reduce the
cost, time, and risk of commercializing
new technologies;</DELETED>
<DELETED> ``(IV) creating and
funding competitions to allow
entrepreneurial ideas to illustrate
their commercialization and domestic
job creation potential;</DELETED>
<DELETED> ``(V) facilitating
relationships between local and
national business leaders and potential
entrepreneurs to encourage successful
commercialization;</DELETED>
<DELETED> ``(VI) creating and
funding not-for-profit entities that
could enable researchers at
institutions of higher education and
other research entities to further
develop new technology, through patient
funding, advice, staff support, or
other means;</DELETED>
<DELETED> ``(VII) providing
facilities for start-up companies where
technology maturation could occur;
and</DELETED>
<DELETED> ``(VIII)
commercialization, deployment, and
adoption of the technologies that lead
to domestic manufacturing of such
technologies;</DELETED>
<DELETED> ``(v) to develop the region's
skilled workforce through the training and
retraining of workers, partnerships with labor
organizations, and skills-based education,
including the alignment of career technical
training and educational programs in the
region's elementary and secondary schools and
institutions of higher education; and</DELETED>
<DELETED> ``(vi) to carry out such other
activities as the Secretary considers
appropriate to improve United States
competitiveness and regional economic
development to support a key technology focus
area and that would further the purposes of
this section.</DELETED>
<DELETED> ``(5) Grants for infrastructure.--Any grant or
cooperative agreement awarded under paragraph (1) to support
the construction of physical 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.</DELETED>
<DELETED> ``(f) Applications.--An eligible consortium seeking
designation as a regional technology hub under subparagraph (A) of
subsection (b)(1) and support under subparagraph (B) of such subsection
shall submit to the Secretary an application therefor at such time, in
such manner, and containing such information as the Secretary may
specify.</DELETED>
<DELETED> ``(g) Considerations for Designation and Award of Grants
and Cooperative Agreements.--</DELETED>
<DELETED> ``(1) In general.--In selecting an eligible
consortium that submitted an application under subsection (f)
for designation and support under subsection (b)(1), the
Secretary shall consider, at a minimum, the
following:</DELETED>
<DELETED> ``(A) The potential of the eligible
consortium to advance the research, development,
deployment, and domestic manufacturing of technologies
in a key technology focus area or other technology or
innovation sector critical to national and economic
security.</DELETED>
<DELETED> ``(B) The likelihood of positive regional
economic effect, including increasing the number of
high wage domestic jobs, and creating new economic
opportunities for economically disadvantaged and
underrepresented populations.</DELETED>
<DELETED> ``(C) 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, university technology
centers established under paragraph (6) of section
8A(d) of the National Science Foundation Act of 1950,
the program established under paragraph (7) of such
section 8A(d), test beds established and operated under
paragraph (8) of such section 8A(d), or other Federal
research entities.</DELETED>
<DELETED> ``(D) How the eligible consortium will
engage with the private sector, including small- and
medium-sized businesses to commercialize new
technologies and improve the resiliency of domestic
supply chains in a key technology focus area or other
technology or innovation sector critical to national
and economic security.</DELETED>
<DELETED> ``(E) 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 and
universities, and minority serving institutions, labor
organizations, and workforce development programs, and
other related activities authorized by the Secretary,
to support the development of a key technology focus
area or other technology or innovation sector critical
to national and economic security.</DELETED>
<DELETED> ``(F) How the eligible consortium will
improve science, technology, engineering, and
mathematics education programs 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 and economic security.</DELETED>
<DELETED> ``(G) How the eligible consortium plans to
develop partnerships with venture development
organizations 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 and economic
security.</DELETED>
<DELETED> ``(H) How the eligible consortium plans to
organize the activities of regional partners across
sectors in support of the proposed regional technology
hub, including the development of necessary
infrastructure improvements and site
preparation.</DELETED>
<DELETED> ``(I) How the eligible consortium will
ensure that growth in technology and innovation sectors
produces broadly shared opportunity across the
identified region, including for economic disadvantaged
and underrepresented populations and rural
areas.</DELETED>
<DELETED> ``(J) The likelihood that the region
served by the eligible consortium will be able to
become a self-sustaining globally leading technology
hub once Federal support ends.</DELETED>
<DELETED> ``(2) Findings based on comprehensive regional
technology strategies.--The Secretary may use a comprehensive
regional technology strategy supported by a grant under section
29 as the basis for making findings under paragraph (1) of this
subsection.</DELETED>
<DELETED> ``(h) Coordination and Collaboration.--</DELETED>
<DELETED> ``(1) Coordination with national institute of
standards and technology programs.--</DELETED>
<DELETED> ``(A) Coordination required.--The
Secretary shall coordinate the activities of regional
technology hubs designated under this title, the
Hollings Manufacturing Extension Partnership, and the
Manufacturing USA Program with each other to the degree
that doing so does not diminish the effectiveness of
the ongoing activities of a manufacturing extension
center or a Manufacturing USA institute.</DELETED>
<DELETED> ``(B) Elements.--Coordination by the
Secretary under subparagraph (A) may include the
following:</DELETED>
<DELETED> ``(i) The alignment of activities
of the Hollings Manufacturing Extension
Partnership with the activities of regional
technology hubs designated under this
subsection, if applicable.</DELETED>
<DELETED> ``(ii) The alignment of activities
of the Manufacturing USA Program and the
Manufacturing USA institutes with the
activities of regional technology hubs
designated under this subsection, if
applicable.</DELETED>
<DELETED> ``(2) Coordination with department of energy
programs.--The Secretary shall, in coordination with the
Secretary of Energy, coordinate the activities and selection of
regional technology hubs designated under subsection (b)(1)(A)
with activities at the Department of Energy and the National
Laboratories that were in effect on the day before the date of
the enactment of the Endless Frontier Act, to the degree that
doing so does not diminish the effectiveness of the ongoing
activities or mission of the Department of Energy and the
National Laboratories.</DELETED>
<DELETED> ``(3) Interagency collaboration.--</DELETED>
<DELETED> ``(A) In general.--In selecting and
assisting regional technology hubs designated under
subsection (b)(1)(A), the Secretary--</DELETED>
<DELETED> ``(i) shall collaborate, to the
extent possible, with the interagency advisory
committee established under subparagraph
(B);</DELETED>
<DELETED> ``(ii) shall collaborate with
Federal departments and agencies whose missions
contribute to the goals of the regional
technology hub; and</DELETED>
<DELETED> ``(iii) may accept funds from
other Federal agencies to support grants and
activities under this title.</DELETED>
<DELETED> ``(B) Interagency coordinating council.--
</DELETED>
<DELETED> ``(i) Establishment.--The
Secretary shall establish an interagency
coordinating council to coordinate with the
Secretary in the designation of regional
technology hubs under subparagraph (A) of
subsection (b)(1) and in the selection of
eligible consortia to receive support under
subparagraph (B) of such subsection.</DELETED>
<DELETED> ``(ii) Composition.--The
interagency coordinating council established
under clause (i) shall be composed of the
following (or their designees):</DELETED>
<DELETED> ``(I) The Secretary of
Commerce.</DELETED>
<DELETED> ``(II) The Secretary of
Education.</DELETED>
<DELETED> ``(III) The Administrator
of the Small Business
Administration.</DELETED>
<DELETED> ``(IV) The Deputy
Secretary for Housing and Urban
Development.</DELETED>
<DELETED> ``(V) The Director of the
Community Development Financial
Institution Fund.</DELETED>
<DELETED> ``(VI) The Director of the
National Science Foundation.</DELETED>
<DELETED> ``(VII) The Director of
the National Institute of Standards and
Technology.</DELETED>
<DELETED> ``(VIII) The Director of
the National Economic
Council.</DELETED>
<DELETED> ``(IX) The Assistant
Secretary of Commerce for Economic
Development.</DELETED>
<DELETED> ``(X) The Assistant
Secretary for Employment and
Training.</DELETED>
<DELETED> ``(XI) The Director of the
Office of Science and Technology
Policy.</DELETED>
<DELETED> ``(XII) The Under
Secretary of Defense for Research and
Engineering.</DELETED>
<DELETED> ``(XIII) The Under
Secretary of Defense for Acquisition
and Sustainment.</DELETED>
<DELETED> ``(XIV) The Under
Secretary for Science of the Department
of Energy.</DELETED>
<DELETED> ``(XV) The Director of the
National Institutes of
Health.</DELETED>
<DELETED> ``(XVI) The Under
Secretary for Science and Technology of
the Department of Homeland
Security.</DELETED>
<DELETED> ``(XVII) The Administrator
of the National Aeronautics and Space
Administration.</DELETED>
<DELETED> ``(XVIII) The Director of
the Office of Management and
Budget.</DELETED>
<DELETED> ``(XIX) Such other Federal
officials as the Secretary of Commerce
considers appropriate.</DELETED>
<DELETED> ``(iii) Chairperson.--The
Secretary shall be the chairperson of the
interagency coordinating council established
under clause (i).</DELETED>
<DELETED> ``(4) Setting goals for federally funded regions
served by research in regional technology hubs.--</DELETED>
<DELETED> ``(A) In general.--The Director of the
Office of Science and Technology Policy and the
Director of the Office of Management and Budget shall
coordinate with the each head of a Federal agency that
conducts research to set goals for at least doubling
the amount of federally funded research awarded, as in
effect on the day before the date of the enactment of
the Endless Frontier Act, to regions served by regional
technology hubs designated under subsection
(b)(1)(A).</DELETED>
<DELETED> ``(B) Annual reports.--Not less frequently
than once each year, the Director of the Office of
Science and Technology Policy and the Director of the
Office of Management and Budget shall submit to the
appropriate committees of Congress an annual report on
progress made relating to the goals set under
subparagraph (A).</DELETED>
<DELETED> ``(i) Performance Measurement, Transparency, and
Accountability.--</DELETED>
<DELETED> ``(1) Metrics, standards, and assessment.--For
each grant and cooperative agreement awarded under subsection
(e)(1) for a regional technology hub, the Secretary shall--
</DELETED>
<DELETED> ``(A) develop metrics to assess the
effectiveness of the activities funded in making
progress toward the purposes set forth under subsection
(b)(2), which may include--</DELETED>
<DELETED> ``(i) research supported in a key
technology focus area;</DELETED>
<DELETED> ``(ii) commercialization
activities undertaken by each regional
technology hub that is designated and supported
under subsection (b)(1);</DELETED>
<DELETED> ``(iii) educational and workforce
development improvements undertaken by each
regional technology hub that is designated and
supported under subsection (b)(1);</DELETED>
<DELETED> ``(iv) sources of matching funds
for each regional technology hub that is
designated and supported under subsection
(b)(1); and</DELETED>
<DELETED> ``(v) domestic job creation,
patent awards, and business formation and
expansion relating to the activities of the
regional technology hub that is designated and
supported under subsection (b)(1);</DELETED>
<DELETED> ``(B) establish standards for the
performance of the regional technology hub that are
based on the metrics developed under subparagraph (A);
and</DELETED>
<DELETED> ``(C) 4 years after the initial award
under subsection (e)(1) and every 2 years thereafter
until Federal financial assistance under this section
for the regional technology hub is discontinued,
conduct an assessment of the regional technology hub to
confirm whether the performance of the regional
technology hub is meeting the standards for performance
established under subparagraph (B) of this
paragraph.</DELETED>
<DELETED> ``(2) Final reports by recipients of assistance.--
</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
require each eligible consortium that receives a grant
or cooperative agreement under subsection (e)(1) for
support of a regional technology hub, as a condition of
receipt of such grant or cooperative agreement, submit
to the Secretary, not later than 90 days after the last
day of the term of the grant or cooperative agreement,
a report on the activities of the regional technology
hub supported by the grant or cooperative
agreement.</DELETED>
<DELETED> ``(B) Contents of report.--Each report
submitted by an eligible consortium under subparagraph
(A) shall include the following:</DELETED>
<DELETED> ``(i) A detailed description of
the activities carried out by the eligible
consortium using the assistance described in
subparagraph (A), including the
following:</DELETED>
<DELETED> ``(I) A description of
each project the eligible consortium
completed using such
assistance.</DELETED>
<DELETED> ``(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 hub of the eligible
consortium with respect to--</DELETED>
<DELETED> ``(aa) the
resiliency of a supply
chain;</DELETED>
<DELETED> ``(bb) research,
development, and deployment of
a critical
technology;</DELETED>
<DELETED> ``(cc) workforce
training and
development;</DELETED>
<DELETED> ``(dd) domestic
job creation; or</DELETED>
<DELETED> ``(ee)
entrepreneurship.</DELETED>
<DELETED> ``(ii) A discussion of any
obstacles encountered by the eligible
consortium in the implementation of the
regional technology hub and how the eligible
entity overcame those obstacles.</DELETED>
<DELETED> ``(iii) An evaluation of the
success of the projects supported by the
eligible consortium to implement the regional
technology 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 comprehensive strategy for the regional
technology hub if the regional technology hub
has such a strategy.</DELETED>
<DELETED> ``(iv) The effectiveness of the
eligible consortium in ensuring that, in the
region of the eligible consortium's regional
technology hub, growth in technology and
innovation sectors produces broadly shared
opportunity across the region, including for
economic disadvantaged and underrepresented
populations and rural areas.</DELETED>
<DELETED> ``(v) Information regarding such
other matters as the Secretary may
require.</DELETED>
<DELETED> ``(3) Interim reports by recipients of
assistance.--In addition to requiring submittal of final
reports under paragraph (2)(A), the Secretary may require an
eligible consortium described in such paragraph to submit to
the Secretary such interim reports as the Secretary considers
appropriate.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(j) Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary to carry out this
section $9,425,000,000 for the period of fiscal years 2022 through
2026.''.</DELETED>
<DELETED> (b) Initial Designations and Awards.--</DELETED>
<DELETED> (1) Competition required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Commerce shall commence a competition under subsection (d)(1)
of section 28 of the Stevenson-Wydler Technology Innovation Act
of 1980 (Public Law 96-480), as added by subsection
(a).</DELETED>
<DELETED> (2) Designation and award.--Not later than 1 year
after the date of the enactment of this Act, if the Secretary
has received at least 1 application under subsection (f) of
such section from an eligible consortium whom the Secretary
considers suitable for designation under subsection (b)(1)(A)
of such section, the Secretary shall--</DELETED>
<DELETED> (A) designate at least 1 regional
technology hub under subsection (b)(1)(A) of such
section; and</DELETED>
<DELETED> (B) award a grant or cooperative agreement
under subsection (e)(1) of such section to each
regional technology hub designated pursuant to
subparagraph (A) of this paragraph.</DELETED>
<DELETED>SEC. 8. COMPREHENSIVE REGIONAL TECHNOLOGY STRATEGY GRANT
PROGRAM.</DELETED>
<DELETED> The Stevenson-Wydler Technology Innovation Act of 1980
(Public Law 96-480; 15 U.S.C. 3701 et seq.), as amended by section 7,
is further amended, by inserting after section 28, as added by such
section, the following:</DELETED>
<DELETED>``SEC. 29. COMPREHENSIVE REGIONAL TECHNOLOGY STRATEGY GRANT
PROGRAM.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Labor organization.--The term `labor
organization' has the meaning given such term in section 8A(a)
of the National Science Foundation Act of 1950.</DELETED>
<DELETED> ``(2) Regional technology hub.--The term `regional
technology hub' means a consortium designated as a regional
technology hub under section 28(b)(1)(A).</DELETED>
<DELETED> ``(3) Small and rural communities; mid-sized
metropolitan communities; large metropolitan communities.--The
terms `small and rural communities', `mid-sized metropolitan
communities', and `large metropolitan communities' have the
meanings given such terms in section 28(a).</DELETED>
<DELETED> ``(4) Technology and innovation sectors critical
to national and economic security.--The term `technology and
innovation sectors critical to national and economic security'
means technology and innovation sectors that the Secretary
determines are critical to national and economic
security.</DELETED>
<DELETED> ``(b) Grant Program Required.--The Secretary shall
establish a program to award grants to eligible consortia to carry out
projects--</DELETED>
<DELETED> ``(1) to coordinate locally defined planning
processes, across jurisdictions and agencies, relating to
developing a comprehensive regional technology
strategy;</DELETED>
<DELETED> ``(2) to identify regional partnerships for
developing and implementing a comprehensive regional technology
strategy;</DELETED>
<DELETED> ``(3) to conduct or update assessments to
determine regional needs and promote economic and community
development related to the resiliency of a domestic supply
chains, competitiveness of the region, and domestic job
creation in technology and innovation sectors critical to
national and economic security;</DELETED>
<DELETED> ``(4) to develop or update goals and strategies to
implement an existing comprehensive regional plan related to
enhancing the resiliency of domestic supply chains,
competitiveness of the region, and domestic job creation in
technology and innovation sectors critical to national and
economic security; and</DELETED>
<DELETED> ``(5) to identify local zoning and other code
changes necessary to implement a comprehensive regional
technology strategy, including promoting sustainable
development within the identified region.</DELETED>
<DELETED> ``(c) Eligible Consortia.--For purposes of this section,
an eligible consortium is any consortium described by section
28(c).</DELETED>
<DELETED> ``(d) Grants.--</DELETED>
<DELETED> ``(1) Diversity of recipients.--In awarding grants
under this section, the Secretary shall ensure geographic
diversity among, and adequate representation from, each of the
following:</DELETED>
<DELETED> ``(A) Small and rural
communities.</DELETED>
<DELETED> ``(B) Mid-sized metropolitan
communities.</DELETED>
<DELETED> ``(C) Large metropolitan
communities.</DELETED>
<DELETED> ``(2) Awards to small and rural communities.--
</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall--</DELETED>
<DELETED> ``(i) award not less than 25
percent of the funds under this section to
eligible consortia that represent all or part
of a small and rural community; and</DELETED>
<DELETED> ``(ii) ensure diversity among the
geographic regions and the size of the
population of the communities served by
recipients of grants that are eligible
consortia that represent all or part of a small
and rural community.</DELETED>
<DELETED> ``(B) Insufficient applications.--If the
Secretary determines that an insufficient number of
sufficient quality applications for grants under this
section have been submitted by eligible consortia that
represent all or part of a small and rural community,
the Secretary may reduce the percentage threshold set
forth in subparagraph (A)(i).</DELETED>
<DELETED> ``(3) Federal share.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), the Federal share of the cost of a
project carried out using a grant awarded under this
section may not exceed 80 percent.</DELETED>
<DELETED> ``(B) Exceptions.--</DELETED>
<DELETED> ``(i) Small and rural
communities.--In the case of an eligible
consortium that represents all or part of a
small and rural community, the Federal share of
the cost of a project carried out using a grant
awarded under this section may be up to 90
percent of the total cost of the
project.</DELETED>
<DELETED> ``(ii) Indian tribes.--In the case
of an eligible consortium that is led by a
Tribal government, the Federal share of the
cost of a project carried out using a grant
under the grant awarded under this section may
be up to 100 percent of the total cost of the
project.</DELETED>
<DELETED> ``(C) Non-federal share.--</DELETED>
<DELETED> ``(i) In-kind contributions.--For
the purposes of this paragraph, in-kind
contributions may be used for all or part of
the non-Federal share of the cost of a project
carried out using a grant awarded under this
section.</DELETED>
<DELETED> ``(ii) Other federal funding.--
Federal funding from sources other than a grant
awarded under this section may not be used for
the non-Federal share of the cost of a project
carried out using a grant under this
section.</DELETED>
<DELETED> ``(4) Availability and obligation of grant
amounts.--</DELETED>
<DELETED> ``(A) In general.--An eligible consortium
that receives a grant under this section shall, as a
condition on receipt of grant amounts--</DELETED>
<DELETED> ``(i) obligate any grant amounts
received under this section not later than 1
year after the date on which the eligible
consortium enters into an agreement under
subsection (g); and</DELETED>
<DELETED> ``(ii) expend any grant amounts
received under this section not later than 2
years after the date on which the eligible
consortium enters into an agreement under
subsection (g).</DELETED>
<DELETED> ``(B) Unobligated amounts.--After the date
described in subparagraph (A)(i), any amounts awarded
to an eligible consortium under this section that
remain unobligated by the eligible consortium shall be
returned to the Secretary and made available to the
Secretary for the award of grants to other eligible
consortia under this section.</DELETED>
<DELETED> ``(e) Application.--</DELETED>
<DELETED> ``(1) In general.--An eligible consortium seeking
a grant under this section shall submit to the Secretary an
application therefor at such time and in such manner as the
Secretary shall prescribe.</DELETED>
<DELETED> ``(2) Contents.--Each application submitted under
paragraph (1) shall include the following:</DELETED>
<DELETED> ``(A) A description of the boundaries of
the region served by the eligible consortium.</DELETED>
<DELETED> ``(B) A description of the research,
technology development, or manufacturing concentration
of the eligible consortium.</DELETED>
<DELETED> ``(C) A general assessment of the local
industrial ecosystem of the region described in
subparagraph (A), which may include assessment of
workforce and training, including partnerships with
labor organizations, supplier network, research and
innovation, infrastructure and site development, trade
and international investment, operational improvements,
and capital access components needed for manufacturing
activities in such region.</DELETED>
<DELETED> ``(D) A description of how a grant under
this section may assist in developing components of
such local industrial ecosystem (selected by the
consortium), including descriptions of--</DELETED>
<DELETED> ``(i) investments to address gaps
in such ecosystem; and</DELETED>
<DELETED> ``(ii) how to make the research,
technology development, and manufacturing of
the region of the consortium uniquely
competitive.</DELETED>
<DELETED> ``(E) A description of the process by
which a comprehensive regional technology strategy will
be developed by the eligible consortium to address gaps
in such local industrial ecosystem and to strengthen
the resiliency of supply chains, competitiveness of the
identified region, and domestic job creation in
technology and innovation sectors critical to national
and economic security.</DELETED>
<DELETED> ``(F) A budget for the projects that the
eligible consortium plans to carry out using grant
amounts awarded under this section, including the
anticipated Federal share of the cost of each project
and a description of the sources of the non-Federal
share.</DELETED>
<DELETED> ``(G) The designation of a lead agency or
organization, which may be the eligible consortium, to
receive and manage any funds received by the eligible
consortium under this section.</DELETED>
<DELETED> ``(H) A signed copy of a memorandum of
understanding among members of the eligible consortium
that demonstrates--</DELETED>
<DELETED> ``(i) the creation of an eligible
consortium;</DELETED>
<DELETED> ``(ii) a description of the nature
and extent of planned collaboration between
members of the eligible consortium;
and</DELETED>
<DELETED> ``(iii) a commitment to develop a
comprehensive regional technology
strategy.</DELETED>
<DELETED> ``(I) Such other matters as the Secretary
considers appropriate.</DELETED>
<DELETED> ``(3) Evaluation of applications.--The Secretary
shall evaluate each application received under paragraph (1) to
determine whether the applicant demonstrates--</DELETED>
<DELETED> ``(A) a significant level of regional
cooperation in their proposal;</DELETED>
<DELETED> ``(B) a focus on building a regional
ecosystem to attract and build upon research investment
to develop, deploy, and manufacture domestically
critical technologies that improve the resiliency of
supply chains, competitiveness of the identified
region, and the creation of quality jobs;</DELETED>
<DELETED> ``(C) the extent to which the consortium
has developed partnerships throughout an entire region,
including, as appropriate, partnerships with federally
funded research and development centers, National
Laboratories, Federal laboratories, Manufacturing USA
institutes described in section 34(d) of the National
Institute of Standards and Technology Act (15 U.S.C.
278s(d)), university technology centers established
under paragraph (6) of section 8A(d) of the National
Science Foundation Act of 1950, the program established
under paragraph (7) of such section 8A(d), test beds
established and operated under paragraph (8) of such
section 8A(d), or other Federal research
entities;</DELETED>
<DELETED> ``(D) integration with local efforts in
inclusive economic development and job
creation;</DELETED>
<DELETED> ``(E) a plan for implementing a
comprehensive regional technology strategy through
regional infrastructure, workforce, and supply chain
investment plans and local land use plans;</DELETED>
<DELETED> ``(F) diversity among the geographic
regions and the size of the population of the
communities served by recipients of grants under this
section;</DELETED>
<DELETED> ``(G) a commitment to seeking substantial
public input during the planning process and public
participation in the development of the comprehensive
regional plan;</DELETED>
<DELETED> ``(H) a plan to support the creation and
growth of new companies; and</DELETED>
<DELETED> ``(I) such other qualities as the
Secretary considers appropriate.</DELETED>
<DELETED> ``(f) Use of Grant Funds.--An eligible consortium that
receives a grant under this section shall use the amount of such grant
to carry out a project that includes 1 or more of the following
activities:</DELETED>
<DELETED> ``(1) Coordinating locally defined planning
processes across jurisdictions and agencies.</DELETED>
<DELETED> ``(2) Identifying potential regional partnerships
for developing and implementing a comprehensive regional
technology strategy.</DELETED>
<DELETED> ``(3) Conducting or updating assessments to
determine regional needs, which may include--</DELETED>
<DELETED> ``(A) workforce development;</DELETED>
<DELETED> ``(B) supply chain development;</DELETED>
<DELETED> ``(C) increasing innovation readiness,
including expanding research and technology development
facilities and developing the local science,
technology, engineering, and mathematics
workforce;</DELETED>
<DELETED> ``(D) site preparation;</DELETED>
<DELETED> ``(E) community and economic development
to start new companies and to attract and support
workers and firms; and</DELETED>
<DELETED> ``(F) and other such needs as determined
by the consortium.</DELETED>
<DELETED> ``(4) Developing or updating--</DELETED>
<DELETED> ``(A) a comprehensive regional plan;
or</DELETED>
<DELETED> ``(B) goals and strategies to implement an
existing comprehensive regional plan for the purposes
of strengthening domestic supply chain resiliency,
competitiveness, and job creation in critical
technology and innovation sectors for national and
economic security.</DELETED>
<DELETED> ``(5) Implementing local zoning and other code
changes necessary to implement a comprehensive regional plan
and promote sustainable development.</DELETED>
<DELETED> ``(g) Grant Agreement.--Each eligible consortium that
receives a grant under this section shall, as a condition on receipt of
grant amounts, agree to establish, in coordination with the Secretary,
performance measures, reporting requirements, and such other
requirements as the Secretary determines are necessary, that must be
met at the end of each year in which the eligible consortium receives
funds under this section.</DELETED>
<DELETED> ``(h) Reports by Recipients of Grants.--</DELETED>
<DELETED> ``(1) Final reports.--Not later than 90 days after
the date on which a grant agreement into which an eligible
consortium entered under subsection (g) expires, the eligible
consortium shall submit to the Secretary a final report on the
project the eligible consortium carried out under subsection
(f) using the amounts of the grant awarded to the eligible
consortium under this section.</DELETED>
<DELETED> ``(2) Contents.--Each report submitted under
paragraph (1) shall include the following:</DELETED>
<DELETED> ``(A) A detailed explanation of the
activities undertaken using the grant, including an
explanation of how the comprehensive regional
technology strategy of the eligible consortium may
achieve specific improvements in domestic supply chain
resiliency, research, development, and deployment of
critical technologies, workforce development, domestic
job creation, and entrepreneurship goals within the
region served by the eligible consortium.</DELETED>
<DELETED> ``(B) A discussion of any obstacles
encountered in the planning process of the eligible
consortium and how the eligible consortium overcame the
obstacles.</DELETED>
<DELETED> ``(C) An evaluation of the success of the
project using the performance standards and measures
established under subsection (g), including an
evaluation of the planning process and how the project
contributes to carrying out the comprehensive regional
technology strategy.</DELETED>
<DELETED> ``(D) The progress of the region
identified by the consortium toward becoming a regional
technology hub.</DELETED>
<DELETED> ``(E) The effectiveness of the region
identified by the consortium in ensuring that growth in
innovation sectors produces broadly shared opportunity
in the region.</DELETED>
<DELETED> ``(F) Such other information as the
Secretary may require.</DELETED>
<DELETED> ``(3) Interim reports.--The Secretary may require,
as a condition on receipt of a grant under this section, an
eligible consortium to submit an interim report, before the
date on which a project for which a grant is awarded under this
section is completed.</DELETED>
<DELETED> ``(i) Technical Assistance for Grant Recipients and
Applicants.--The Secretary may--</DELETED>
<DELETED> ``(1) coordinate with other Federal agencies to
establish interagency and multidisciplinary teams to provide
technical assistance to recipients of, and prospective
applicants for, grants under this section;</DELETED>
<DELETED> ``(2) by Federal interagency agreement, transfer
funds to another Federal agency to facilitate and support the
provision of such technical assistance; and</DELETED>
<DELETED> ``(3) enter into contracts with third parties to
provide technical assistance to grant recipients and
prospective applicants for grants under this section.</DELETED>
<DELETED> ``(j) Authorization of Appropriations.--</DELETED>
<DELETED> ``(1) Authorization.--There are authorized to be
appropriated to the Secretary for the award of grants under
this section, to remain available until expended, amounts as
follows:</DELETED>
<DELETED> ``(A) $100,000,000 for each of fiscal
years 2022 and 2023.</DELETED>
<DELETED> ``(B) $125,000,000 for each of fiscal
years 2024 through 2026.</DELETED>
<DELETED> ``(2) Technical assistance.--The Secretary may use
not more than 5 percent of the amounts made available under
this subsection for a fiscal year for technical assistance
under subsection (i).''.</DELETED>
<DELETED>SEC. 9. MANUFACTURING USA PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) 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).</DELETED>
<DELETED> (2) Labor organization.--The term ``labor
organization'' has the meaning given such term in section 8A(a)
of the National Science Foundation Act of 1950.</DELETED>
<DELETED> (3) Manufacturing usa center.--The term
``Manufacturing USA center'' means an institute described in
section 34(d)(3)(B) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)(3)(B)) and recognized by the
Secretary under such section for purposes of participation in
the Manufacturing USA Network.</DELETED>
<DELETED> (4) Manufacturing usa institute.--The term
``Manufacturing USA institute'' means an institute described in
section 34(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)) that is not a Manufacturing
USA center.</DELETED>
<DELETED> (5) Manufacturing usa network.--The term
``Manufacturing USA Network'' means the network established
under section 34(c) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(c)).</DELETED>
<DELETED> (6) Manufacturing usa program.--The term
``Manufacturing USA Program'' means the program established
under section 34(b)(1) of the National Institute of Standards
and Technology Act (15 U.S.C. 278s(b)(1)).</DELETED>
<DELETED> (7) Minority-serving institution.--The term
``minority-serving institution'' means an eligible institution
described in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).</DELETED>
<DELETED> (8) National program office.--The term ``National
Program Office'' means the National Program Office established
under section 34(h)(1) of the National Institute of Standards
and Technology Act (15 U.S.C. 278s(h)(1)).</DELETED>
<DELETED> (9) Tribal college or university.--The term
``Tribal college or university'' has the meaning given the term
in section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).</DELETED>
<DELETED> (b) Authorization of Appropriations To Enhance and Expand
Manufacturing USA Program and Support Innovation and Growth in Domestic
Manufacturing.--</DELETED>
<DELETED> (1) In general.--There is authorized to be
appropriated $2,410,000,000 for the period of fiscal years 2022
through 2026 for the Secretary of Commerce, acting through the
Director of the National Institute of Standards and Technology
and in coordination with the Secretary of Energy, the Secretary
of Defense, and the heads of such other Federal agencies as the
Secretary of Commerce considers relevant, to carry out the
Manufacturing USA Program and to expand such program to support
innovation and growth in domestic manufacturing.</DELETED>
<DELETED> (2) Manufacturing usa institutes.--</DELETED>
<DELETED> (A) In general.--Of the amounts
appropriated pursuant to the authorization of
appropriations in paragraph (1), $1,190,000,000 shall
be available to support the establishment of new
Manufacturing USA institutes during the period
described in such paragraph.</DELETED>
<DELETED> (B) Financial assistance.--The Secretary
shall support the establishment of Manufacturing USA
institutes under subparagraph (A) through the award of
financial assistance under section 34(e) of the
National Institute of Standards and Technology Act (15
U.S.C. 278s(e)).</DELETED>
<DELETED> (C) Assignment of manufacturing usa
institutes to federal agency sponsors.--Following an
open topic competition organized by the Director of the
National Institute of Standards and Technology, the
Secretary of Commerce, in consultation with the
Secretary of Energy, the Secretary of Defense, and
other relevant Federal agencies, may select an
alternative Federal agency to sponsor a selected
Manufacturing USA institute based on its technology and
may transfer the appropriate funds to that alternative
Federal agency for operation and programming of the
selected Manufacturing USA institute.</DELETED>
<DELETED> (D) Coordination with existing
manufacturing usa institutes.--</DELETED>
<DELETED> (i) Coordination required.--In
establishing new Manufacturing USA institutes
under subparagraph (A), the Secretary of
Commerce shall coordinate with the Secretary of
Energy and the Secretary of Defense to ensure
there is no duplication of effort or technology
focus between new Manufacturing USA institutes
and Manufacturing USA institutes that were in
effect before the establishment of the new
Manufacturing USA institutes.</DELETED>
<DELETED> (ii) Consultation with existing
manufacturing usa institutes authorized.--In
carrying out coordination under clause (i), the
Secretary of Commerce may consult with
Manufacturing USA institutes that were in
effect before the establishment of new
Manufacturing USA institutes under subparagraph
(A) to inform the Department of Commerce of
additional new Manufacturing USA institutes
necessary to fill gaps in the support of
innovation and growth in domestic
manufacturing.</DELETED>
<DELETED> (iii) Involvement of existing
manufacturing usa institutes authorized.--In
coordination with the Secretary of Energy and
the Secretary of Defense, the Secretary of
Commerce may involve Manufacturing USA
institutes that were in effect before the
establishment of new Manufacturing USA
institutes under subparagraph (A) in the
planning and execution of the new Manufacturing
USA institutes.</DELETED>
<DELETED> (3) Manufacturing usa centers and public service
grants.--Of the amounts appropriated pursuant to the
authorization of appropriations in paragraph (1), $375,000,000
shall be available for the period described in such paragraph--
</DELETED>
<DELETED> (A) for the Secretary, acting through the
Director and 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, to recognize additional institutes
as Manufacturing USA institutes under section
34(d)(3)(B) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)(3)(B)), giving
particular consideration to partnerships and
coordination with the Manufacturing USA institutes that
were already in effect, when practicable; and</DELETED>
<DELETED> (B) to support the activities of
Manufacturing USA institutes and Manufacturing USA
centers through the award of grants under section 34(f)
of the National Institute of Standards and Technology
Act (15 U.S.C. 278s(f)).</DELETED>
<DELETED> (4) Commercialization, workforce training, and
supply chain investment.--Of the amounts appropriated pursuant
to the authorization of appropriations in paragraph (1),
$100,000,000 shall be available for the period described in
such paragraph to support such programming for
commercialization, workforce training, and supply chain
activities across the Manufacturing USA Network as the
Secretary considers appropriate 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.</DELETED>
<DELETED> (5) Ongoing support for existing manufacturing usa
institutes.--</DELETED>
<DELETED> (A) In general.--Of the amounts
appropriated pursuant to the authorization of
appropriations in paragraph (1), $725,000,000 shall be
available for the period described in such paragraph to
support Manufacturing USA institutes that were in
effect on the day before the date of the enactment of
this Act, of which $5,000,000 shall be available
(without cost share) to each such Manufacturing USA
institute each year for such period for ongoing
operation of the institutes, including operational
overhead, workforce training, and supply chain
activities.</DELETED>
<DELETED> (B) Additional support.--</DELETED>
<DELETED> (i) In general.--Of the amounts
specified in subparagraph (A), amounts shall be
available for financial assistance awards to
conduct projects as follows:</DELETED>
<DELETED> (I) $100,000,000 shall be
available for Manufacturing USA
institutes that were established under
section 34(e) of the National Institute
of Standards and Technology Act (15
U.S.C. 278s(e)) and that were in effect
on the day before the date of the
enactment of this Act.</DELETED>
<DELETED> (II) $10,000,000 shall be
available each year for the period
described in such paragraph for each
Manufacturing USA institute that is not
receiving Manufacturing USA Program
funding from any other Federal
agency.</DELETED>
<DELETED> (ii) Federal funds matching
requirement.--A recipient of financial
assistance for a project under clause (i) shall
agree to make available to carry out the
project an amount of non-Federal funds that is
equal to or greater than 20 percent of the
total cost of the project.</DELETED>
<DELETED> (C) Renewal requirements.--Receipt of
ongoing support under subparagraph (A) shall be subject
to the requirements of section 34(e)(2)(B) of the
National Institute of Standards and Technology Act (15
U.S.C. 278s(e)(2)(B)).</DELETED>
<DELETED> (D) No cost share requirement.--The
Secretary shall not impose any cost share or matching
requirement on receipt of ongoing support under
subparagraph (A).</DELETED>
<DELETED> (6) Management of interagency solicitations and
ongoing management.--Of the amounts appropriated pursuant to
the authorization of appropriations in paragraph (1),
$20,000,000 shall be available annually for the period
described in such paragraph for the National Program Office to
coordinate the activities of the Manufacturing USA Network and
manage interagency solicitations.</DELETED>
<DELETED> (c) Coordination Between Manufacturing USA Program and
Hollings Manufacturing Extension Partnership.--The Secretary shall
coordinate the activities of the Manufacturing USA Program and the
activities of Hollings Manufacturing Extension Partnership with each
other to the degree that doing so does not diminish the effectiveness
of the ongoing activities of a Manufacturing USA institute or a Center
(as the term is defined in section 25(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(a))), including
Manufacturing USA institutes entering into agreements with a Center (as
so defined) that the Secretary considers appropriate to provide
services relating to the mission of the Hollings Manufacturing
Extension Partnership, including outreach, technical assistance,
workforce development, and technology transfer and adoption assistance
to small- and medium-sized manufacturers.</DELETED>
<DELETED> (d) Worker Advisory Council for Manufacturing USA
Program.--</DELETED>
<DELETED> (1) Establishment.--</DELETED>
<DELETED> (A) In general.--The Secretary of Commerce
shall, in coordination with the Secretary of Labor, the
Secretary of Defense, the Secretary of Energy, and the
Secretary of Education, establish an advisory council
for the Manufacturing USA Program on the development
and dissemination of techniques, policies, and
investments for high-road labor practices, worker
adaptation and success with technological change, and
increased worker participation across the Manufacturing
USA Network.</DELETED>
<DELETED> (B) Membership.--The council established
under subparagraph (A) shall be composed of not fewer
than 15 members appointed by the Secretary of Commerce,
of whom--</DELETED>
<DELETED> (i) four shall be from labor
organizations;</DELETED>
<DELETED> (ii) four shall be from
educational institutions;</DELETED>
<DELETED> (iii) four shall be from labor-
management training, workforce development, and
nonprofit organizations, including those that
focus on workforce diversity and inclusion;
and</DELETED>
<DELETED> (iv) three shall be from industry
organizations or manufacturing firms, including
small- and medium-sized
manufacturers.</DELETED>
<DELETED> (C) Period of appointment; vacancies.--
</DELETED>
<DELETED> (i) In general.--Each member of
the council established under subparagraph (A)
shall be appointed for a term of 3 years with
the ability to renew the appointment for no
more than 2 terms.</DELETED>
<DELETED> (ii) Vacancies.--Any member
appointed to fill a vacancy occurring before
the expiration of the term for which the
member's predecessor was appointed shall be
appointed only for the remainder of that term.
A member may serve after the expiration of that
term until a successor has been
appointed.</DELETED>
<DELETED> (D) Meetings.--</DELETED>
<DELETED> (i) Initial meeting.--Not later
than 180 days after the date of enactment of
this Act, the council established under
subparagraph (A) shall hold the first
meeting.</DELETED>
<DELETED> (ii) Additional meetings.--After
the first meeting of the council, the council
shall meet upon the call of the Secretary, and
at least once every 180 days
thereafter.</DELETED>
<DELETED> (iii) Quorum.--A majority of the
members of the council shall constitute a
quorum, but a lesser number of members may hold
hearings.</DELETED>
<DELETED> (E) Chairperson and vice chairperson.--The
Secretary shall elect 1 member of the council
established under subparagraph (A) to serve as the
chairperson of the council and 1 member of the council
to serve as the vice chairperson of the
council.</DELETED>
<DELETED> (2) Duties of the council.--The council
established under paragraph (1)(A) shall provide advice and
recommendations to the Secretary of Commerce on matters
concerning investment in and support of the manufacturing
workforce relating to the following:</DELETED>
<DELETED> (A) Worker participation, including
through labor organizations, in the planning and
deployment of new technologies across an industry and
within workplaces.</DELETED>
<DELETED> (B) Policies to help workers adapt to
technological change, including training and education
priorities for the Federal Government and for employer
investments in workers.</DELETED>
<DELETED> (C) Assessments of impact on workers of
development of new technologies and processes by the
Manufacturing USA institutes.</DELETED>
<DELETED> (D) Management practices that prioritize
job quality, worker protection, worker participation
and power in decision making, and investment in worker
career success.</DELETED>
<DELETED> (E) Policies and procedures to prioritize
diversity and inclusion in the manufacturing and
technology workforce by expanding access to job, career
advancement, and management opportunities for
underrepresented populations.</DELETED>
<DELETED> (F) Assessments of technology improvements
achieved by the Manufacturing USA institutes and the
degree of domestic deployment of each new
technology.</DELETED>
<DELETED> (G) Such other matters as the Secretary
considers appropriate.</DELETED>
<DELETED> (3) Report.--</DELETED>
<DELETED> (A) Appropriate committees of congress
defined.--In this paragraph, the term ``appropriate
committees of Congress'' means--</DELETED>
<DELETED> (i) the Committee on Health,
Education, Labor, and Pensions, the Committee
on Commerce, Science, and Transportation, the
Committee on Energy and Natural Resources, the
Committee on Armed Services, and the Committee
on Appropriations of the Senate; and</DELETED>
<DELETED> (ii) the Committee on Education
and Labor, the Committee on Science, Space, and
Technology, the Committee on Energy and
Commerce, the Committee on Armed Services, and
the Committee on Appropriations of the House of
Representatives.</DELETED>
<DELETED> (B) Report required.--Not later than 180
days after the date on which the council established
under paragraph (1)(A) holds its initial meeting under
paragraph (1)(D)(i) and annually thereafter, the
council shall submit to the appropriate committees of
Congress a report containing a detailed statement of
the advice and recommendations of the council pursuant
to paragraph (2).</DELETED>
<DELETED> (4) Compensation.--</DELETED>
<DELETED> (A) Prohibition of compensation.--Members
of the Council may not receive additional pay,
allowances, or benefits by reason of their service on
the Council.</DELETED>
<DELETED> (B) Travel expenses.--Each member shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.</DELETED>
<DELETED> (5) FACA applicability.--</DELETED>
<DELETED> (A) In general.--In discharging its duties
under this subsection, the council established under
paragraph (1)(A) shall function solely in an advisory
capacity, in accordance with the Federal Advisory
Committee Act (5 U.S.C. App.).</DELETED>
<DELETED> (B) Exception.--Section 14 of the Federal
Advisory Committee Act shall not apply to the
Council.</DELETED>
<DELETED> (e) Participation of Minority-Serving Institutions,
Historically Black Colleges and Universities, and Tribal Colleges and
Universities.--</DELETED>
<DELETED> (1) In general.--The Secretary of Commerce, in
coordination 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 preference
criteria for proposals to create new Manufacturing USA
institutes or renew existing Manufacturing USA institutes that
include meaningful participation from a covered entity or that
are led by a covered entity.</DELETED>
<DELETED> (2) Covered entities.--For purposes of this
subsection, a covered entity is--</DELETED>
<DELETED> (A) a minority-serving
institution;</DELETED>
<DELETED> (B) an historically Black college or
university; or</DELETED>
<DELETED> (C) a Tribal college or
university.</DELETED>
<DELETED> (f) Department of Commerce Policies To Promote Domestic
Production of Technologies Developed Under Manufacturing USA Program.--
</DELETED>
<DELETED> (1) Definition of domestic.--In this subsection,
the term ``domestic'', with respect to development or
production means development or production by, or with respect
to source means the source is, a person incorporated or formed
in the United States--</DELETED>
<DELETED> (A) that is not under foreign ownership,
control, or influence (FOCI) as defined in section 847
of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92);</DELETED>
<DELETED> (B) whose beneficial owners, as defined in
section 847 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92), are United
States persons;</DELETED>
<DELETED> (C) whose management are United States
citizens;</DELETED>
<DELETED> (D) whose principal place of business is
in the United States; and</DELETED>
<DELETED> (E) who is not--</DELETED>
<DELETED> (i) a foreign incorporated entity
that is an inverted domestic corporation or any
subsidiary of such entity; or</DELETED>
<DELETED> (ii) any joint venture if more
than 10 percent of the joint venture (by vote
or value) is held by a foreign incorporated
entity that is an inverted domestic corporation
or any subsidiary of such entity.</DELETED>
<DELETED> (2) Policies.--</DELETED>
<DELETED> (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 establish policies to promote the
domestic production of technologies developed by the
Manufacturing USA Network.</DELETED>
<DELETED> (B) Elements.--The policies developed
under subparagraph (A) shall include the
following:</DELETED>
<DELETED> (i) Measures to partner domestic
developers of goods, services, or technologies
by Manufacturing USA Network activities with
domestic manufacturers and sources of
financing.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (iii) Measures to assist with
supplier scouting and other supply chain
development, including the use of the Hollings
Manufacturing Extension Partnership to carry
out such measures.</DELETED>
<DELETED> (iv) A process to review and
approve or deny membership in a Manufacturing
USA institute by foreign-owned companies,
especially from countries of concern, including
the People's Republic of China.</DELETED>
<DELETED> (v) Measures to prioritize Federal
procurement of goods, services, or technologies
developed by the Manufacturing USA Network
activities from domestic sources, as
appropriate.</DELETED>
<DELETED> (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 deemed important to the success of the
Manufacturing USA Program.</DELETED>
<DELETED> (3) Prohibition.--</DELETED>
<DELETED> (A) 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.
2509 note).</DELETED>
<DELETED> (B) In general.--A company of the People's
Republic of China may not participate in the
Manufacturing USA Program or the Manufacturing USA
Network without a waiver, as described in paragraph
(2)(C).</DELETED>
<DELETED>SEC. 10. TECHNOLOGY COMMERCIALIZATION REVIEW.</DELETED>
<DELETED> (a) Key Technology Focus Areas Defined.--In this section,
the term ``key technology focus areas'' means the areas included on the
most recent list under section 8A(d)(2) of the National Science
Foundation Act of 1950.</DELETED>
<DELETED> (b) Review and Recommendations Required.--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 consultation with the
Director of the National Science Foundation and the Director of the
National Institute of Standards and Technology, shall--</DELETED>
<DELETED> (1) review--</DELETED>
<DELETED> (A) the structure of current technology
research and commercialization arrangements with regard
to public-private partnerships; and</DELETED>
<DELETED> (B) the extent to which intellectual
property developed with Federal funding--</DELETED>
<DELETED> (i) has been used by foreign
business entities;</DELETED>
<DELETED> (ii) is being used to manufacture
in the United States rather than in other
countries; and</DELETED>
<DELETED> (iii) is being used by foreign
business entities domiciled or by foreign
business entities affiliated with or subsidiary
to foreign business entities in the People's
Republic of China;</DELETED>
<DELETED> (2) develop recommendations for such legislative
or administrative action as may be necessary--</DELETED>
<DELETED> (A) to further incentivize industry
participation in public-private partnerships for the
purposes of accelerating technology research and
commercialization, including alternate ways of
accounting for in-kind contributions and value of
partially manufactured products;</DELETED>
<DELETED> (B) to ensure that intellectual property
developed with Federal funding is commercialized in the
United States; and</DELETED>
<DELETED> (C) to ensure that intellectual property
developed with Federal funding is not being used by
foreign business entities or by foreign business
entities affiliated with or subsidiary to foreign
business entities domiciled in the People's Republic of
China; and</DELETED>
<DELETED> (3) submit to the Secretary of Commerce and
Congress--</DELETED>
<DELETED> (A) the findings of the Director of the
Office of Science and Technology Policy with respect to
the reviews conducted under paragraph (1);
and</DELETED>
<DELETED> (B) the recommendations developed under
paragraph (2).</DELETED>
<DELETED>SEC. 11. STUDY ON EMERGING SCIENCE AND TECHNOLOGY CHALLENGES
FACED BY THE UNITED STATES AND RECOMMENDATIONS TO ADDRESS
THEM.</DELETED>
<DELETED> (a) Short Title.--This section may be cited as the
``National Strategy to Ensure American Leadership Act of 2021'' or the
``National SEAL Act of 2021''.</DELETED>
<DELETED> (b) Study.--</DELETED>
<DELETED> (1) In general.--The Secretary of Commerce
(referred to in this section as the ``Secretary'') shall seek
to enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine to conduct a study--
</DELETED>
<DELETED> (A) to identify the 10 most critical
emerging science and technology challenges facing the
United States; and</DELETED>
<DELETED> (B) to develop recommendations for
legislative or administrative action to ensure United
States leadership in matters relating to such
challenges.</DELETED>
<DELETED> (2) Elements.--The study conducted under paragraph
(1) shall include identification, review, and evaluation of the
following:</DELETED>
<DELETED> (A) Matters pertinent to identification of
the challenges described in paragraph (1)(A).</DELETED>
<DELETED> (B) Matters relating to the
recommendations developed under paragraph (1)(B),
including with respect to education and workforce
development necessary to address each of the challenges
identified under paragraph (1)(A).</DELETED>
<DELETED> (C) Matters related to the review of key
technology areas by the Directorate for Technology and
Innovation of the National Science Foundation under
section 8A(d) of the National Science Foundation Act of
1950.</DELETED>
<DELETED> (D) An assessment of the current relative
balance in leadership in addressing the challenges
identified in paragraph (1)(A) between the United
States, allies or key partners of the United States,
and the People's Republic of China.</DELETED>
<DELETED> (3) Timeframe.--</DELETED>
<DELETED> (A) Agreement.--The Secretary shall seek
to enter into the agreement required by paragraph (1)
on or before the date that is 60 days after the date of
enactment of this Act.</DELETED>
<DELETED> (B) Findings.--Under an agreement entered
into under paragraph (1), the National Academies of
Sciences, Engineering, and Medicine shall, not later
than 1 year after the date on which the Secretary and
the National Academies enter into such agreement,
transmit to the Secretary the findings of the National
Academies with respect to the study conducted pursuant
to such agreement.</DELETED>
<DELETED> (c) Report.--</DELETED>
<DELETED> (1) In general.--Not later than 30 days after the
date on which the Secretary receives the findings of the
National Academies of Sciences, Engineering, and Medicine with
respect to the study conducted under subsection (b), the
Secretary shall submit to Congress a ``Strategy to Ensure
American Leadership'' report on such study.</DELETED>
<DELETED> (2) Contents.--The report submitted under
paragraph (1) shall include the following:</DELETED>
<DELETED> (A) The findings of the National Academies
of Sciences, Engineering, and Medicine with respect to
the study conducted under subsection (b).</DELETED>
<DELETED> (B) The conclusions of the Secretary with
respect to such findings.</DELETED>
<DELETED> (C) The recommendations developed under
subsection (b)(1)(B).</DELETED>
<DELETED> (D) Such other recommendations for
legislative or administrative action as the Secretary
may have with respect to such findings and
conclusions.</DELETED>
<DELETED> (3) Classified annex.--The report submitted under
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex if the Secretary determines
appropriate.</DELETED>
<DELETED> (d) Information From Federal Agencies.--</DELETED>
<DELETED> (1) In general.--The National Academies of
Sciences, Engineering, and Medicine may secure directly from a
Federal department or agency such information as the National
Academies of Sciences, Engineering, and Medicine consider
necessary to carry out the study under subsection
(b).</DELETED>
<DELETED> (2) Furnishing information.--On request of the
National Academies of Sciences, Engineering, and Medicine for
information, the head of the department or agency shall furnish
such information to the National Academies of Sciences,
Engineering, and Medicine.</DELETED>
<DELETED> (e) Consultation.--The Secretary of Defense and the
Director of National Intelligence shall provide support upon request
from the Secretary of Commerce or the National Academies to carry out
this section.</DELETED>
<DELETED> (f) Non-Duplication of Effort.--In carrying out subsection
(b), the Secretary shall, to the degree practicable, coordinate with
the steering committee established under section 236(a) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).</DELETED>
<DELETED>SEC. 12. COORDINATION OF ACTIVITIES.</DELETED>
<DELETED> The Director of the Office of Science and Technology
Policy, the Director of the National Economic Council, the Director of
the Office of Management and Budget, the Director of the National
Science Foundation, the Secretary of Commerce, and the Secretary of
Energy shall, as applicable, coordinate with respect to activities of--
</DELETED>
<DELETED> (1) the university technology centers established
under section 8A(d)(6) of the National Science Foundation Act
of 1950;</DELETED>
<DELETED> (2) the regional technology hubs under section 28
of the Stevenson-Wydler Technology Innovation Act of 1980, as
added by section 7;</DELETED>
<DELETED> (3) 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));</DELETED>
<DELETED> (4) federally funded research and development
centers;</DELETED>
<DELETED> (5) National Laboratories, as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801);
and</DELETED>
<DELETED> (6) Federal laboratories, as defined in section 4
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3703).</DELETED>
<DELETED>SEC. 13. PERSON OR ENTITY OF CONCERN PROHIBITION.</DELETED>
<DELETED> 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 (Public Law 116-283) may receive
or participate in any grant, award, program, support, or other activity
under--</DELETED>
<DELETED> (1) section 8A of the National Science Foundation
Act of 1950 (Public Law 81-507), as added by section
3;</DELETED>
<DELETED> (2) the Endless Frontier Fund under section
4;</DELETED>
<DELETED> (3) the supply chain resiliency program under
section 6;</DELETED>
<DELETED> (4) section 28(b)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (Public Law 96-480), as added
by section 7(a);</DELETED>
<DELETED> (5) section 29 of the Stevenson-Wydler Technology
Innovation Act of 1980 (Public Law 96-480), as added by section
8; or</DELETED>
<DELETED> (6) the Manufacturing USA Program, as improved and
expanded under section 9.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Endless Frontier
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sense of Congress.
Sec. 4. Interagency working group.
Sec. 5. Key technology focus areas.
TITLE I--NSF TECHNOLOGY AND INNOVATION
Sec. 101. Definitions.
Sec. 102. Directorate establishment and purpose.
Sec. 103. Personnel management.
Sec. 104. Innovation centers.
Sec. 105. Transition of NSF programs.
Sec. 106. Providing scholarships, fellowships, and other student
support.
Sec. 107. Research and development.
Sec. 108. Test beds.
Sec. 109. Academic technology transfer.
Sec. 110. Capacity-building program for developing universities.
Sec. 111. Technical assistance.
Sec. 112. Coordination of activities.
Sec. 113. Reporting requirements.
Sec. 114. Hands-on learning program.
Sec. 115. Intellectual property protection.
Sec. 116. Authorization of appropriations for the Foundation.
Sec. 117. Authorization of appropriations for the Department of Energy.
TITLE II--NSF RESEARCH, STEM, AND GEOGRAPHIC DIVERSITY INITIATIVES
Sec. 201. Chief Diversity Officer of the NSF.
Sec. 202. Programs to address the STEM workforce.
Sec. 203. Emerging research institution pilot program.
Sec. 204. Personnel management authorities for the Foundation.
Sec. 205. Advanced Technological Manufacturing Act.
Sec. 206. Intramural emerging institutions pilot program.
Sec. 207. Public-private partnerships.
Sec. 208. AI Scholarship-for-Service Act.
Sec. 209. Geographic diversity.
Sec. 210. Rural STEM Education Act.
Sec. 211. Quantum Network Infrastructure and Workforce Development Act.
Sec. 212. Supporting Early-Career Researchers Act.
Sec. 213. Advancing Precision Agriculture Capabilities Act.
Sec. 214. Critical minerals mining research.
Sec. 215. Caregiver policies.
Sec. 216. Presidential awards.
Sec. 217. Bioeconomy Research and Development Act of 2021.
Sec. 218. Microgravity Utilization Policy.
TITLE III--RESEARCH SECURITY
Sec. 301. National science foundation research security.
Sec. 302. Research security and integrity information sharing analysis
organization.
Sec. 303. Foreign government talent recruitment program prohibition.
Sec. 304. Additional requirements for directorate research security.
Sec. 305. Protecting research from cyber theft.
Sec. 306. International standards development.
Sec. 307. Research funds accounting.
Sec. 308. Plan with respect to sensitive or controlled information and
background screening.
TITLE IV--REGIONAL INNOVATION CAPACITY
Sec. 401. Regional technology hubs.
Sec. 402. Manufacturing USA Program.
Sec. 403. Establishment of expansion awards program in Hollings
Manufacturing Extension Partnership and
authorization of appropriations for the
Partnership.
Sec. 404. National Manufacturing Advisory Council.
TITLE V--MISCELLANEOUS
Sec. 501. Strategy and report on economic security, science, research,
and innovation to support the national
security strategy.
Sec. 502. Person or entity of concern prohibition.
Sec. 503. Study on emerging science and technology challenges faced by
the United States and recommendations to
address them.
Sec. 504. Report on global semiconductor shortage.
Sec. 505. Supply chain resiliency program.
Sec. 506. Semiconductor incentives.
Sec. 507. Research investment to spark the Economy Act.
Sec. 508. Office of manufacturing and industrial innovation policy.
Sec. 509. Telecommunications Workforce Training Grant Program.
Sec. 510. Country Of Origin Labeling Online Act.
Sec. 511. Country of origin labeling for king crab and tanner crab.
Sec. 512. Internet exchanges and submarine cables.
Sec. 513. Study of sister city partnerships operating within the United
States involving foreign communities in
countries with significant public sector
corruption.
Sec. 514. Prohibition on transfer, assignment, or disposition of
construction permits and station licenses
to entities subject to undue influence by
the Chinese Communist Party or the
Government of the People's Republic of
China.
Sec. 515. Limitation on nuclear cooperation with the People's Republic
of China.
Sec. 516. Certification.
Sec. 517. Fairness and due process in standards-setting bodies.
Sec. 518. Shark fin sales elimination.
Sec. 519. Sense of Congress on forced labor.
Sec. 520. Open network architecture.
Sec. 521. Combatting Sexual Harassment in Science.
TITLE VI--SPACE MATTERS
Subtitle A--SPACE Act
Sec. 601. Short title.
Sec. 602. Sense of Congress.
Sec. 603. Definitions.
Sec. 604. Space situational awareness data, information, and services:
provision to non-United States Government
entities.
Sec. 605. Centers of Excellence for Space Situational Awareness.
Subtitle B--National Aeronautics and Space Administration Authorization
Act
Sec. 611. Short title.
Sec. 612. Definitions.
PART I--Authorization of Appropriations
Sec. 613. Authorization of appropriations.
PART II--Human Spaceflight and Exploration
Sec. 614. Competitiveness within the human landing system program.
Sec. 615. Space launch system configurations.
Sec. 616. Advanced spacesuits.
Sec. 617. Acquisition of domestic space transportation and logistics
resupply services.
Sec. 618. Rocket engine test infrastructure.
Sec. 619. Pearl River maintenance.
Sec. 620. Value of International Space Station and capabilities in low-
Earth orbit.
Sec. 621. Extension and modification relating to International Space
Station.
Sec. 622. Department of Defense activities on International Space
Station.
Sec. 623. Commercial development in low-Earth orbit.
Sec. 624. Maintaining a national laboratory in space.
Sec. 625. International Space Station national laboratory; property
rights in inventions.
Sec. 626. Data first produced during non-NASA scientific use of the ISS
national laboratory.
Sec. 627. Payments received for commercial space-enabled production on
the ISS.
Sec. 628. Stepping stone approach to exploration.
Sec. 629. Technical amendments relating to Artemis missions.
PART III--Science
Sec. 631. Science priorities.
Sec. 632. Lunar discovery program.
Sec. 633. Search for life.
Sec. 634. James Webb Space Telescope.
Sec. 635. Wide-Field Infrared Survey Telescope.
Sec. 636. Study on satellite servicing for science missions.
Sec. 637. Earth science missions and programs.
Sec. 638. Life science and physical science research.
Sec. 639. Science missions to Mars.
Sec. 640. Planetary Defense Coordination Office.
Sec. 641. Suborbital science flights.
Sec. 642. Earth science data and observations.
Sec. 643. Sense of Congress on small satellite science.
Sec. 644. Sense of Congress on commercial space services.
Sec. 645. Procedures for identifying and addressing alleged violations
of scientific integrity policy.
PART IV--Aeronautics
Sec. 646. Short title.
Sec. 647. Definitions.
Sec. 648. Experimental aircraft projects.
Sec. 649. Unmanned aircraft systems.
Sec. 650. 21st Century Aeronautics Capabilities Initiative.
Sec. 651. Sense of Congress on on-demand air transportation.
Sec. 652. Sense of Congress on hypersonic technology research.
PART V--Space Technology
Sec. 653. Space Technology Mission Directorate.
Sec. 654. Flight opportunities program.
Sec. 655. Small Spacecraft Technology Program.
Sec. 656. Nuclear propulsion technology.
Sec. 657. Mars-forward technologies.
Sec. 658. Prioritization of low-enriched uranium technology.
Sec. 659. Sense of Congress on next-generation communications
technology.
Sec. 660. Lunar surface technologies.
PART VI--STEM Engagement
Sec. 661. Sense of Congress.
Sec. 662. STEM education engagement activities.
Sec. 663. Skilled technical education outreach program.
Sec. 664. National space grant college and fellowship program.
PART VII--Workforce and Industrial Base
Sec. 665. Appointment and compensation pilot program.
Sec. 666. Establishment of multi-institution consortia.
Sec. 667. Expedited access to technical talent and expertise.
Sec. 668. Report on industrial base for civil space missions and
operations.
Sec. 669. Separations and retirement incentives.
Sec. 670. Confidentiality of medical quality assurance records.
PART VIII--Miscellaneous Provisions
Sec. 671. Contracting authority.
Sec. 672. Authority for transaction prototype projects and follow-on
production contracts.
Sec. 673. Protection of data and information from public disclosure.
Sec. 674. Physical security modernization.
Sec. 675. Lease of non-excess property.
Sec. 676. Cybersecurity.
Sec. 677. Limitation on cooperation with the People's Republic of
China.
Sec. 678. Consideration of issues related to contracting with entities
receiving assistance from or affiliated
with the People's Republic of China.
Sec. 679. Small satellite launch services program.
Sec. 680. 21st century space launch infrastructure.
Sec. 681. Missions of national need.
Sec. 682. Drinking water well replacement for Chincoteague, Virginia.
Sec. 683. Passenger carrier use.
Sec. 684. Use of commercial near-space balloons.
Sec. 685. President's Space Advisory Board.
Sec. 686. Initiative on technologies for noise and emissions
reductions.
Sec. 687. Remediation of sites contaminated with trichloroethylene.
Sec. 688. Review on preference for domestic suppliers.
Sec. 689. Report on use of commercial spaceports licensed by the
Federal Aviation Administration.
Sec. 690. Active orbital debris mitigation.
Sec. 691. Study on commercial communications services.
SEC. 2. DEFINITIONS.
Unless otherwise specified, in this Act:
(1) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship registered under the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act''; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) that meets the
standards of subpart A of part 29 and part 30 of title 29, Code
of Federal Regulations.
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) Directorate.--The term ``Directorate'' means the
Directorate for Technology and Innovation established under
section 102.
(4) Emerging research institution.--The term ``emerging
research institution'' means an institution of higher education
with an established undergraduate or graduate program that has,
on average for the 3 years prior to an application for an award
under this Act, received less than $50,000,000 in Federal
research funding.
(5) EPSCoR.--The term ``EPSCoR'' means the Established
Program to Stimulate Competitive Research under section 113 of
the National Science Foundation Authorization Act of 1988 (42
U.S.C. 1862g).
(6) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(7) 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).
(8) 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).
(9) Key technology focus areas.--The term ``key technology
focus areas'' means the areas included on the most recent list
under section 5.
(10) 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)).
(11) STEM.--The term ``STEM'' means the academic and
professional disciplines of science, technology, engineering,
and mathematics, including computer science.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the National Science Foundation, the Department of
Energy and its National Laboratories (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801)), 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 education funding, encouraging
broader participation of populations underrepresented in STEM,
and collaborating with non-government 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. 4. 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 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--
(1) the activities of the National Science Foundation
Technology and Innovation Directorate in the key technology
focus areas, such as within the innovation centers under
section 104 and test beds under section 108 under this Act;
(2) the activities of the Department of Commerce under this
Act, including regional technology hubs under section 28 of the
Stevenson-Wydler Act of 1980 (15 U.S.C. 13701 et seq.), 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;
(3) the activities of the Department of Energy in the key
technology focus areas, including at the national laboratories,
as defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801), 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; and
(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 Act--
(A) conduct an initial review of Federal programs
and resources with respect to the key technology focus
areas identified pursuant to section 5(a), 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) review whether Federal investments in the key
technology focus areas have resulted in new domestic
manufacturing capacity and job creation;
(C) submit a report regarding the review described
in subparagraph (A) to Congress; and
(D) seek stakeholder input and recommendations in
the course of such review;
(2) shall carry out the annual reviews and updates required
under section 5.
(e) Detailed Description.--The National Science Foundation and the
Department of Energy 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 Act, 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.
(f) 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.
SEC. 5. KEY TECHNOLOGY FOCUS AREAS.
(a) In General.--
(1) Initial list.--The initial key technology focus areas
are:
(A) Artificial intelligence, machine learning,
autonomy, and related advances.
(B) High performance computing, semiconductors, and
advanced computer hardware and software.
(C) Quantum information science and technology.
(D) Robotics, automation, and advanced
manufacturing.
(E) Natural and anthropogenic disaster prevention
or mitigation.
(F) Advanced communications technology and
immersive technology.
(G) Biotechnology, medical technology, genomics,
and synthetic biology.
(H) Data storage, data management, distributed
ledger technologies, and cybersecurity, including
biometrics.
(I) Advanced energy, batteries, and industrial
efficiency, including advanced nuclear technologies for
the purposes of electric generation (consistent with
section 15 of the National Science Foundation Act of
1950 (42 U.S.C. 1874).
(J) Advanced materials science, including
composites and 2D materials.
(2) Review and updates.--The Director and the Secretary of
Energy, in coordination with the interagency working group
established under section 4 and in consultation with the
Director of National Intelligence and the Director of the
Federal Bureau of Investigation, shall annually review, and
update as required, the list of key technology focus areas for
purposes of this Act.
(b) Annual Review.--In annually reviewing and updating (as
necessary) the list of key technology focus areas, the Director of the
National Science Foundation and the Secretary of Energy, in
coordination with the interagency working group established under
section 4--
(1) shall consider input from relevant industries;
(2) may consider the challenges and recommendations
identified in the report required by section 503 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 national challenges,
including competitive and security threats to the United States
and to United States industries, including agriculture; and
(4) subject to the limitation under subsection (c), 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).
(c) Limit on Key Technology Focus Areas.--Not more than 10 key
technology focus areas shall be included on the list of key technology
focus areas at any time. Engineering and exploration relevant to the
other key technology focus areas described in this section shall be
considered part of the relevant key technology focus area.
(d) Reporting.--The Director and the Secretary of Energy shall
annually deliver a report to Congress detailing--
(1) the key technology focus areas and rationale for their
selection;
(2) the role of the Foundation, the Department of Energy,
and other Federal entities, as relevant, in advancing the key
technology focus areas; and
(3) the impact, including to the academic research
community, of any changes to the key technology focus areas.
(e) National Academies.--Not later than 5 years after the date of
enactment of this Act, the Director shall contract with the National
Academies of Sciences, Engineering, and Medicine to conduct a review of
the key technology focus areas.
TITLE I--NSF TECHNOLOGY AND INNOVATION
SEC. 101. DEFINITIONS.
In this title:
(1) Designated country.--
(A) In general.--The term ``designated country''--
(i) except as provided in clause (ii),
means--
(I) Australia;
(II) Canada;
(III) New Zealand;
(IV) the United Kingdom;
(V) the State of Israel;
(VI) Taiwan; and
(VII) any other country that has
been approved and designated in writing
by the President for purposes of this
Act, after providing--
(aa) not less than 30 days
of advance notification and
explanation to the relevant
congressional committees before
the designation; and
(bb) in-person briefings to
such committees, if requested
during the 30-day advance
notification period described
in item (aa); and
(ii) excludes any country that takes
actions to boycott, divest from, or sanction
Israel.
(B) Actions to boycott, divest from, or sanction
israel.--For purposes of subparagraph (A)(ii), the term
``actions to boycott, divest from, or sanction Israel''
has the meaning given such term in section
102(b)(20)(B) of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (19 U.S.C.
4201(b)(20)(B)).
(2) 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.
(3) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 3 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).
SEC. 102. DIRECTORATE ESTABLISHMENT AND PURPOSE.
(a) Establishment of Directorate for Technology and Innovation.--
Subject to the availability of appropriations and not later than 180
days after the date of enactment of this Act, the Director shall
establish a Directorate for Technology and Innovation in the
Foundation.
(b) Purposes.--The Directorate shall further the following
purposes:
(1) Strengthening the leadership of the United States in
critical technologies, including as relevant to the critical
national needs described in section 7018 of the America
COMPETES Act (42 U.S.C. 1862o-5).
(2) Addressing and mitigating technology challenges
integral to the geostrategic position of the United States
through the activities authorized by this title.
(3) Enhancing the competitiveness of the United States by
improving education in the key technology focus areas and
attracting more students to such areas at all levels of
education.
(4) Accelerating the translation and development of
scientific advances in the key technology focus areas into
processes and products in the United States.
(5) Utilizing 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 encouraging broader participation in the key
technology focus areas by populations underrepresented in STEM.
(6) Ensuring the programmatic work of the Directorate and
Foundation incorporates a workforce perspective from labor
organizations and workforce training organizations.
(c) Activities.--The Directorate--
(1) shall support basic and applied research, and
technology development of such research, including through
awards to individual researchers, entities, or consortia and
through diverse funding mechanisms and models;
(2) shall identify and develop opportunities to coordinate
and collaborate on research, development, and
commercialization--
(A) with other directorates and offices of the
Foundation;
(B) with stakeholders in academia, the private
sector, and nonprofit entities; and
(C) with other Federal research agencies, as well
as State and local governments;
(3) shall provide awards for research and development
projects designed to achieve specific technology metrics or
objectives;
(4) may support research and technology development
infrastructure, including testbeds, to advance the development,
operation, integration, and deployment of innovation;
(5) shall identify and develop opportunities to reduce
barriers for technology transfer, including intellectual
property frameworks between academia and industry, nonprofit
entities, and the venture capital communities;
(6) shall build capacity for research at institutions of
higher education across the United States;
(7) shall partner with other directorates and offices of
the Foundation for projects or research, including--
(A) to pursue basic questions about natural, human,
and physical phenomena that could enable advances in
the key technology focus areas;
(B) to study questions that could affect the design
(including human interfaces), safety, security,
operation, deployment, or the social and ethical
consequences of technologies in the key technology
focus areas, including the development of technologies
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 key
technology focus areas and understanding and improving
the impact of key technology focus areas on STEM
teaching and learning by advancing the key technology
focus areas, including engaging relevant partners in
research and innovation programs;
(8) may make awards under the SBIR and STTR programs (as
defined in section 9(e) of the Small Business Act (15 U.S.C.
638(e)); and
(9) may enter into and perform such contracts, make such
financial assistance awards, carry out such other transactions,
or make such other arrangements, or modifications thereof, as
may be necessary in the conduct of the work of the Directorate
and on such terms as the Director considers appropriate, in
furtherance of the purposes of this title.
(d) Assistant Director.--
(1) Appointment.--The Director shall appoint an Assistant
Director for the Directorate, in the same manner as other
Assistant Directors of the Foundation are appointed.
(2) Qualifications.--Each Assistant Director for the
Directorate shall be an individual, who by reason of
professional background and experience, is specially qualified
to advise the Foundation on all matters pertaining to research,
development, and commercialization at the Foundation, including
partnerships with the private sector and other users of
Foundation funded research.
(e) Considerations.--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. 103. PERSONNEL MANAGEMENT.
(a) Personnel.--The Director shall establish and maintain within
the Directorate a staff with sufficient qualifications and expertise to
enable the Directorate to carry out its responsibilities under this
title.
(b) Program Directors.--
(1) Designation.--The Director may designate employees to
serve as program directors for the programs established within
the Directorate pursuant to the responsibilities established
under paragraph (2). The Director shall ensure that program
directors--
(A) have expertise in the key technology focus
areas; and
(B) come from a variety of backgrounds, including
industry, and from a variety of institutions of higher
education.
(2) Responsibilities.--A program director of a program of
the Directorate shall be responsible for--
(A) establishing research and development goals for
the program, including through the convening of
workshops and conferring with outside experts and by
publicizing the goals of the program to the public and
private sectors;
(B) soliciting proposals from entities to conduct
research in areas of particular promise within key
technology focus areas, especially areas that the
private sector or the Federal Government are not likely
to undertake alone;
(C) identifying areas for research and development;
(D) building research collaborations for carrying
out the program;
(E) reviewing applications for projects to be
supported under the program, and considering--
(i) the novelty and scientific and
technical merit of the proposed projects;
(ii) broader impacts criteria under section
526 of the National Science Foundation
Authorization Act of 2010 (42 U.S.C. 1862p-14);
(iii) the demonstrated capabilities of the
applicants to successfully carry out the
proposed project;
(iv) the consideration by the applicant of
future commercial applications of the project,
including the feasibility of partnering with 1
or more commercial entities; and
(v) such other criteria as are established
by the Director; and
(F) monitoring the progress of projects supported
under the program and recommending program restructure
or termination, as needed.
(3) Terms.--Program directors of the Directorate may be
appointed by the Director for a limited term, renewable at the
discretion of the Director.
(c) Selection Criteria and Report.--
(1) Peer review.--The Directorate may use a peer review
process to inform the selection of award recipients.
(2) Report.--Not later than 18 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.
(d) Rule of Construction.--Nothing in this section shall be
construed to modify the authority of the Director or the National
Science Board with respect to the selection of recipients for funding
from the Foundation.
SEC. 104. INNOVATION CENTERS.
(a) University Technology Center Program.--
(1) In general.--From amounts made available to the
Directorate, the Director shall establish a program in the
Directorate to make awards, through a competitive selection
process, to eligible entities to establish university
technology centers.
(2) Purpose.--The purpose of the university technology
centers shall be to--
(A) conduct multi-disciplinary, collaborative basic
and applied research, relevant to at least one of the
key technology focus areas;
(B) leverage the expertise of multi-disciplinary
and multi-sector partners, including partners from
private industry;
(C) further the development, deployment, and
commercialization of innovations, including inventions,
in the key technology focus areas, including those
derived from the activities of the university
technology center; and
(D) support the development of scientific,
innovation, entrepreneurial, and educational capacity
within the region of the university technology center.
(3) Use of funds.--University technology centers
established under this subsection may use support provided--
(A) to carry out research to advance innovation in
the key technology focus areas;
(B) for technology development activities such as
proof-of-concept development, prototyping, design
modification, experimental development, and other
actions to reduce the cost, time, and risk of
commercializing new technologies;
(C) for the costs of equipment and
cyberinfrastructure;
(D) for the costs associated with technology
transfer and commercialization, including patenting and
licensing; or
(E) for operations and staff.
(4) Selection process.--In selecting recipients under this
subsection, the Director shall consider, in addition to the
scientific and technical merit of the proposal--
(A) maximizing regional and geographic diversity of
the university technology centers, including by
considering rural-serving institutions of higher
education (as defined in section 861(b) of the Higher
Education Act of 1965 (20 U.S.C. 1161a(b));
(B) the extent to which the applicant's proposal
would broaden participation by populations
underrepresented in STEM;
(C) the capacity of the applicant to engage
industry, labor, and other appropriate organizations
and, where applicable, contribute to growth in domestic
manufacturing capacity and job creation;
(D) in the case of a consortium, the extent to
which the proposal includes institutions listed in
paragraph (7)(C)(ii);
(E) the amount of funds from industry organizations
described in paragraph (5)(A)(ii) the applicant would
use towards establishing the university technology
center;
(F) the plan and capability of the applicant to
take measures to prevent the inappropriate use of the
research and technology of the center, including
research results, data, and intellectual property, as
appropriate and consistent with the requirements of the
relevant award; and
(G) the plan and capability of the applicant to
support proof-of-concept development and prototyping as
well as technology transfer and commercialization
activities.
(5) Requirements.--
(A) In general.--The Director shall ensure that any
eligible entity receiving an award under this
subsection has--
(i) the capacity or the ability to acquire
the capacity to advance the purposes described
in section 102(b); and
(ii) secured contributions for establishing
the university technology center under this
subsection from industry or other non-Federal
organizations in an amount not less than 10
percent of the total amount of the award the
eligible entity would receive under this
subsection.
(B) Consortium eligibility.--To be eligible to
receive an award for the establishment and operation of
a university technology center, a consortium shall be
composed of not fewer than 2 entities as described in
paragraph (7)(C) and operate subject to a binding
agreement, entered into by each member of the
consortium, that documents--
(i) the proposed partnership agreement,
including the governance and management
structure of the university technology center;
(ii) measures the consortium will undertake
to enable cost-effective implementation of
activities under paragraph (3);
(iii) a proposed budget, including
financial contributions from non-Federal
sources; and
(iv) the plan for ownership and use of any
intellectual property developed by the center.
(6) Support of regional technology hubs.--Each university
technology center established under this subsection may support
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 amended by section 401 of this Act.
(7) Eligible entity.--In this subsection, the term
``eligible entity'' means--
(A) an individual institution of higher education;
(B) a nonprofit entity; or
(C) a consortium that--
(i) shall include and be led by an
institution of higher education or by a
nonprofit entity, designed to support
technology development;
(ii) shall include 1 or more institution
that is--
(I) a historically Black college or
university;
(II) a Tribal College or
University;
(III) a minority-serving
institution (or an institution of
higher education with an established
STEM capacity building program focused
on traditionally underrepresented
populations in STEM, including Native
Hawaiians, Alaska Natives, and other
Indians);
(IV) an institution that
participates in the Established Program
to Stimulate Competitive Research under
section 113 of the National Science
Foundation Authorization Act of 1988
(42 U.S.C. 1862g);
(V) an emerging research
institution; or
(VI) a community college; and
(iii) may include 1 or more--
(I) additional entities described
in subparagraph (A) or (B);
(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 amended by section 401 of this Act;
(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
subparagraph (A) or (B) from allied or
partner countries;
(IX) other entities if determined
by the Director to be vital to the
success of the program; and
(X) binational research and
development foundations and funds,
excluding foreign entities of concern,
as defined in section 307.
(b) Innovation Institute.--
(1) In general.--The Director shall establish innovation
institutes to further the research, development, and
commercialization of innovation in the key technology focus
areas.
(2) Partnerships.--
(A) In general.--Each innovation institute shall be
comprised of a partnership including 2 or more of the
following entities:
(i) An institution of higher education.
(ii) A for-profit company.
(iii) A nonprofit organization.
(iv) A Federal agency.
(v) Another entity, if that entity is
determined by the Director to be vital to the
success of the program.
(B) Co-equal.--Each entity comprising the institute
shall, to the extent practicable, work as co-equal
partners in terms of funding and research efforts in
support of the institute.
(C) 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.--To the extent practicable, not less than
half of the funding for an institute shall be provided by non-
Federal entities.
(c) Number of Centers and Institutes Established.--The Director
shall endeavor to establish a balance in the number of university
technology centers and innovation institutes.
SEC. 105. TRANSITION OF NSF PROGRAMS.
The Director may transition the management of existing programs of
the National Science Foundation that conduct activities in addition to
basic research to the Directorate, including--
(1) Convergence Accelerator;
(2) Industry-University Cooperative Research Centers;
(3) National AI Research Institutes;
(4) Innovation Corps (I-Corps), as described in section 601
of the American Innovation and Competitiveness Act (42 U.S.C.
1862s-8); and
(5) any other programs that the Director considers
appropriate.
SEC. 106. PROVIDING SCHOLARSHIPS, FELLOWSHIPS, AND OTHER STUDENT
SUPPORT.
(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 university technology
centers established under section 104(a).
(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
minority-serving institutions (or institutions of higher
education with an established STEM capacity building program
focused on traditionally underrepresented populations in STEM,
including Native Hawaiians, Alaska Natives, and other Indians);
(3) 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
(4) addressing geographic diversity in the STEM workforce.
(d) 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 masters programs related to the key technology focus
areas.
(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 underrepresented in STEM,
including technical programs through programs such as the
Advanced Technological Education program;
(3) ensure that not less than 20 percent of the funds made
available to carry out this section are used to support
institutions of higher education, and other institutions,
located in jurisdictions that participate in the program under
section 113 of the National Science Foundation Authorization
Act of 1988 (42 U.S.C. 1862g); and
(4) if funds remain after carrying out paragraphs (1), (2),
and (3), 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) 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. 107. RESEARCH AND DEVELOPMENT.
(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.
(b) Purpose.--The purpose of the awards under this section shall be
to demonstrate revolutionary technological advances in the key
technology focus areas, including advances that expedite short-term
technology deployment.
(c) Recipients.--Recipients of funds under this section may include
institutions of higher education, research institutions, nonprofit
entities, private sector entities, consortia, or other entities as
defined by the Director.
(d) Metrics.--The Director may set metrics, including goals and
deadlines, for development of such 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.
The Director shall ensure that the length of the grants for applicants
seeking to demonstrate revolutionary technological advances to expedite
short-term technology deployment last no longer than 24 months.
(e) 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 key technology
focus areas;
(2) the current status of the technology, the limits of
current practice, and the likelihood of the private sector to
independently demonstrate a similar technological advance;
(3) the potential of the project to generate a
revolutionary technological advance, including advances that
can expedite short-term technology deployment;
(4) the potential impact of the project on the economic
security, national security, or technological competitiveness
of the United States;
(5) the likelihood of the project's success;
(6) the cost and time associated with the project;
(7) the appropriateness of quantitative goals and metrics
for evaluating the project and a plan for evaluating those
metrics; and
(8) the path for developing and, as appropriate
commercializing, the technology.
SEC. 108. 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 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 (as defined in section
104(a)(7)(C)) 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
technologies in the key technology focus areas, 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)(A) the technology or technologies that will be the
focus of the test bed; and
(B) the goals of the work to be done at the test bed;
(2) how the applicant will assemble a workforce with the
skills needed to operate the test bed;
(3) how the applicant will ensure broad access to the test
bed;
(4) how the applicant will collaborate with firms in the
key technology focus areas, 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;
(5) how the applicant will encourage the participation of
inventors and entrepreneurs and the development of new
businesses;
(6) how the applicant will increase participation by
populations that are underrepresented in STEM;
(7) how the applicant will demonstrate that the commercial
viability of any new technologies will support the creation of
high-quality domestic jobs;
(8) how the test bed will operate after Federal funding has
ended;
(9) 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
(10) 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, in order to achieve the purposes described in subsection
(a), use the award for the purchase of equipment and for the support of
students, faculty and staff, and postdoctoral researchers.
(d) Priority.--In selecting award recipients under this section,
the Director shall give priority to applicants with proposals that
maximize the geographic diversity of test beds.
(e) Interagency Annual Meetings.--The Director, the Secretary of
Commerce, and the heads of other Federal departments and agencies, or
their designees, with test bed related equities shall hold an annual
meeting to coordinate their respective test bed related investments,
future plans, and other appropriate matters, to avoid conflicts and
duplication of efforts. Upon request by Congress, Congress shall be
briefed on the results of the meetings.
SEC. 109. ACADEMIC TECHNOLOGY TRANSFER.
(a) In General.--From amounts made available to the Directorate,
the Director, in coordination with the Director of the National
Institute of Standards and Technology and other Federal agencies as
determined appropriate by the Director, shall make awards, on a
competitive basis, to eligible entities to advance the development and
commercialization of technologies, particularly those in the key
technology focus areas.
(b) Eligible Entities.--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;
(2) a nonprofit entity 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- experienced business expertise,
including a mentor network, across relevant
technology or innovation sectors.
(c) Proposals.--An eligible entity desiring 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 require.
The proposal shall include, at a minimum, a description of--
(1) the steps the applicant will take to enable technology
transfer and to reduce the risks for commercialization for new
technologies and why such steps are likely to be effective;
(2) 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;
(3) as relevant, potential steps to drive economic growth
in a particular region, by collaborating with industry, venture
capital entities, nonprofit entities, and State and local
governments within that region; and
(4) 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.
(d) Academic Technology Transfer Enhancement Program.--
(1) In general.--The Director, in coordination with the
Director of the National Institute of Standards and Technology,
shall make awards, on a competitive basis, to support eligible
entities in building sustainable technology transfer capacity.
(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:
(A) Identifying academic research with the
potential for technology transfer and
commercialization, particularly as relevant to the key
technology focus areas.
(B) Providing training and support to scientists,
engineers, and inventors on technology transfer,
commercialization, and research protection.
(C) Offsetting the costs of patenting and licensing
research products, both domestically and
internationally.
(D) Revising 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.
(E) Ensuring the availability of staff, including
technology transfer professionals, entrepreneurs in
residence, and other mentors as required to accomplish
the purpose of this subsection.
(F) Identifying and facilitating relationships
among local and national business leaders, including
investors, and potential entrepreneurs to encourage
successful commercialization.
(G) Creating and funding competitions to allow
entrepreneurial ideas to illustrate their
commercialization potential, including through venture
funds of institutions of higher education.
(H) Creating or supporting entities that could
enable researchers to further develop new technology,
through capital investment, advice, staff support, or
other means.
(I) Building technology transfer capacity at
institutions of higher education.
(3) Limitations on funding.--In awarding funding under this
subsection, the Director shall--
(A) award not more than $1,000,000 per fiscal year
to an eligible entity;
(B) in determining the duration of funding,
endeavor to ensure the creation of sustainable
technology transfer practices at the eligible entity;
and
(C) ensure that grants under this subsection shall
not support the development or operation of capital
investment funds.
(e) Collaborative Innovation Resource Center Program.--
(1) In general.--The Director shall make awards under this
subsection 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) Collaboration priority.--In making awards under this
subsection, the Director shall give priority to eligible
entities that are consortia described in subsection (b)(3) and
that have a cost share, which may include an in-kind cost
share, from members of a consortium, at levels as required by
the Director.
(3) 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.
(C) Providing engineering and entrepreneurial
experiences and hands-on training for students enrolled
in participating institutions of higher education.
(f) Reporting on Commercialization Based on 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.
(g) Geographic Diversity.--The Director shall ensure regional and
geographic diversity in issuing awards under this section.
(h) Supplement Not Supplant.--The Director shall ensure that funds
made available under this section shall be used to create additional
support for technology transfer activities at eligible entities. For
the duration of the awards, recipients shall be required to maintain
funding for such activities at similar levels as the funding for those
activities for the 2 fiscal years preceding the award.
SEC. 110. CAPACITY-BUILDING PROGRAM FOR DEVELOPING UNIVERSITIES.
(a) In General.--The Director shall establish a program in the
Directorate to make awards, on a competitive basis, to eligible
institutions described in subsection (b) to support the mission of the
Directorate and to build institutional research capacity at eligible
institutions.
(b) Eligible Institution.--
(1) In general.--To be eligible to receive an award under
this section, an institution--
(A) shall be--
(i) a historically Black college or
university;
(ii) a minority-serving institution; or
(iii) an institution of higher education
with an established STEM capacity building
program focused on traditionally
underrepresented populations in STEM, including
Native Hawaiians, Alaska Natives, and other
Indians; and
(B) shall 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.
(2) Partnerships.--An eligible institution receiving a
grant under this section may carry out the activities of the
grant through a partnership with other entities, including
other eligible institutions.
(c) Proposals.--To receive an award under this section, 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 a plan that describes how the eligible institution
will establish or expand research office capacity and how such award
would be used to--
(1) conduct an assessment of capacity-building and research
infrastructure needs of an eligible institution;
(2) enhance institutional resources to provide
administrative research development support to faculty at an
eligible institution;
(3) bolster the institutional research competitiveness of
an eligible institution to support grants awarded by the
Directorate;
(4) support the acquisition of instrumentation necessary to
build research capacity at an eligible institution in research
areas directly associated with the Directorate;
(5) increase capability of an eligible institution to move
technology into the marketplace;
(6) increase engagement with industry to execute research
through the SBIR and STTR programs (as defined in section 9(e)
of the Small Business Act (15 U.S.C. 638(e)) and direct
contracts at an eligible institution;
(7) provide student engagement and research training
opportunities at the undergraduate, graduate, and postdoctoral
levels at an eligible institution;
(8) further faculty development initiatives and strengthen
institutional research training infrastructure, capacity, and
competitiveness of an eligible institution; or
(9) 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.
(d) Awards.--Awards made under this section shall be for periods of
3 years, and may be extended for periods of not more than 5 years.
(e) Funding.--From the amounts made available to carry out section
104 under section 116 for each of fiscal years 2022 through 2026, the
Director shall use $150,000,000 for each such fiscal year to carry out
this section.
SEC. 111. TECHNICAL ASSISTANCE.
The Director may--
(1) coordinate with other Federal agencies to establish
interagency and multidisciplinary teams to provide technical
assistance to recipients of, and prospective applicants for,
awards under this title;
(2) by Federal interagency agreement and notwithstanding
any other provision of law, transfer funds available to carry
out this title to the head of another Federal agency to
facilitate and support the provision of such technical
assistance; and
(3) enter into contracts with third parties to provide such
technical assistance.
SEC. 112. COORDINATION OF ACTIVITIES.
(a) In General.--In carrying out the activities of the Directorate,
the Director and the heads of other Federal research agencies, as
appropriate, shall work cooperatively to further the goals of this
title in the key technology focus areas.
(b) Coordination With NIST and Department of Energy.--The Director
shall, as appropriate, work in coordination with the Director of the
National Institute of Standards and Technology and the Secretary of
Energy.
(c) Avoid Duplication.--The Director shall ensure, to the greatest
extent appropriate, 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 Act, the Director and heads of other
Federal research agencies shall cooperate to avoid duplication of
effort and to ensure the responsible stewardship of funds.
(d) Comptroller General Report.--Not later than 3 years after the
date of enactment of this Act, the Comptroller General of the United
States shall prepare and submit a report to Congress, and shall
simultaneously submit the report to the Director and the Director of
the Office of Science and Technology Policy, describing the interagency
cooperation that occurred during the preceding years pursuant to this
section, including a list of--
(1) any funds provided from the Directorate to other
directorates and offices of the Foundation; and
(2) any instances in which unnecessary duplication of
effort may have occurred.
SEC. 113. REPORTING REQUIREMENTS.
(a) Reports.--Not later than 1 year after the date of enactment of
this Act and annually thereafter, the Director, in coordination with
the heads of relevant Federal agencies, shall prepare and submit to
Congress--
(1) a strategic vision and spending plan 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;
(2) in coordination with the Secretary of State, a
description of any funds the Foundation may plan to receive
from--
(A) entities other than institutions of higher
education; and
(B) certain designated countries; and
(3) 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 title III.
(b) Annual Briefing.--Each year, the Director shall formally
request a briefing from the Secretary of Defense, the Secretary of
Commerce, the Director of the Federal Bureau of Investigation, the
Director of National Intelligence, and as appropriate the heads of
other Federal agencies regarding their efforts to preserve the United
States' advantages generated by the activity of the Directorate.
(c) Providing Authority To Disseminate Information.--Section 11 of
the National Science Foundation Act of 1950 (42 U.S.C. 1870) is
amended--
(1) in subsection (j), by striking ``and'' after the
semicolon;
(2) in subsection (k), by striking the period at the end
and inserting ``; and''; and
(3) 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. 114. HANDS-ON LEARNING PROGRAM.
(a) Findings.--Congress finds the following:
(1) Developing a robust, talented, and homegrown workforce,
particularly in the fields of STEM, is critical to the success
of the United States innovation economy.
(2) The United States educational system is not producing a
sufficient number of workers with the necessary STEM expertise
to meet the needs of the United States industry in STEM fields.
(3) Hands-on and experiential learning opportunities
outside of the classroom are critical for student success in
STEM subjects and careers, stimulating students' interest,
increasing confidence, and creating motivation to pursue a
related career.
(4) Hands-on and experiential learning opportunities can be
particularly successful in inspiring interest in students who
traditionally have been underrepresented in STEM fields,
including girls, students of color, and students from
disadvantaged backgrounds.
(5) An expansion of hands-on and experiential learning
programs across the United States would expand the STEM
workforce pipeline, developing and training students for
careers in STEM fields.
(b) Definitions.--
(1) ESEA terms.--The terms ``elementary school'', ``high
school'', ``secondary school'', and ``State'' have the meanings
given the terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Eligible nonprofit program.--The term ``eligible
nonprofit program''--
(A) means a nonprofit program serving
prekindergarten, elementary school, or secondary school
students; and
(B) includes a program described in subparagraph
(A) that covers the continuum of education from
prekindergarten through high school and is available in
every State.
(c) Purposes.--The purposes of this section are to--
(1) provide effective, compelling, and engaging means for
teaching and reinforcing fundamental STEM concepts and
inspiring the youth of the United States to pursue careers in
STEM-related fields;
(2) expand the STEM workforce pipeline by developing and
training students for careers in United States STEM fields; and
(3) broaden participation in the STEM workforce by
underrepresented population groups.
(d) Program Authorized.--
(1) In general.--Subject to the availability of
appropriations for such purposes, the Director shall--
(A) provide grants to eligible nonprofit programs
for supporting hands-on learning opportunities in STEM
education, including via after-school activities and
innovative learning opportunities such as robotics
competitions; and
(B) evaluate the impact of such hands-on learning
opportunities on STEM learning and disseminate the
results of that evaluation.
(2) Priority.--In awarding grants under the program, the
Director shall give priority to eligible nonprofit programs
serving students that attend elementary, secondary, or 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).
(e) Authorization of Appropriations.--From the amounts made
available to carry out section 106 under section 116 for each of fiscal
years 2022 through 2026, the Director shall use $25,000,000 for each
such fiscal year to carry out this section.
SEC. 115. INTELLECTUAL PROPERTY PROTECTION.
Consistent with the requirements for the award, all intellectual
property that is developed through the Foundation, or any program that
has received funding through this Act (or an amendment made by this
Act), shall not be transferred to--
(1) any foreign entity of concern, as defined in section
307(a);
(2) any United States subsidiary, division, or chapter of
such a foreign entity of concern; or
(3) any for-profit, or nonprofit, partnership that includes
such a foreign entity of concern in the partnership.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS FOR THE FOUNDATION.
(a) Fiscal Year 2022.--
(1) Foundation.--There is authorized to be appropriated to
the Foundation $10,800,000,000 for fiscal year 2022.
(2) Specific nsf allocations.--Of the amount authorized
under paragraph (1)--
(A) $9,000,000,000 shall be made available to carry
out the activities of the Foundation outside of the
Directorate, of which $800,000,000 shall be for STEM
education and related activities, including workforce
activities under section 202; and
(B) $1,800,000,000 shall be made available to the
Directorate, of which--
(i) $594,000,000 shall be for the
innovation centers under section 104;
(ii) $324,000,000 shall be for
scholarships, fellowships, and other activities
under section 106;
(iii) $252,000,000 shall be for academic
technology transfer under section 109;
(iv) $180,000,000 shall be for test beds
under section 108;
(v) $270,000,000 shall be for research and
development activities under section 107; and
(vi) an amount equal to 10 percent of the
total made available to the Directorate under
this subparagraph shall be transferred to the
Foundation for collaboration with directorates
and offices of the Foundation outside of the
Directorate as described under section
102(c)(7).
(b) Fiscal Year 2023.--
(1) Foundation.--There is authorized to be appropriated to
the Foundation $12,800,000,000 for fiscal year 2023.
(2) Specific nsf allocations.--Of the amount authorized
under paragraph (1)--
(A) $9,600,000,000 shall be made available to carry
out the activities of the Foundation outside of the
Directorate, of which $1,190,000,000 shall be for STEM
education and related activities, including workforce
activities under section 202; and
(B) $3,200,000,000 shall be made available to the
Directorate, of which--
(i) $1,056,000,000 shall be for the
innovation centers under section 104;
(ii) $576,000,000 shall be for
scholarships, fellowships, and other activities
under section 106;
(iii) $448,000,000 shall be for academic
technology transfer under section 109;
(iv) $320,000,000 shall be for test beds
under section 108;
(v) $480,000,000 shall be for research and
development activities under section 107; and
(vi) an amount equal to 10 percent of the
total made available to the Directorate under
this subparagraph shall be transferred to the
Foundation for collaboration with directorates
and offices of the Foundation outside of the
Directorate as described under section
102(c)(7).
(c) Fiscal Year 2024.--
(1) Foundation.--There is authorized to be appropriated to
the Foundation $16,600,000,000 for fiscal year 2024.
(2) Specific nsf allocations.--Of the amount authorized
under paragraph (1)--
(A) $10,300,000,000 shall be made available to
carry out the activities of the Foundation outside of
the Directorate, of which $1,600,000,000 shall be for
STEM education and related activities, including
workforce activities under section 202; and
(B) $6,300,000,000 shall be made available to the
Directorate, of which--
(i) $2,079,000,000 shall be for the
innovation centers under section 104;
(ii) $1,134,000,000 shall be for
scholarships, fellowships, and other activities
under section 106;
(iii) $882,000,000 shall be for academic
technology transfer under section 109;
(iv) $630,000,000 shall be for test beds
under section 108;
(v) $945,000,000 shall be for research and
development activities under section 107; and
(vi) an amount equal to 10 percent of the
total made available to the Directorate under
this subparagraph shall be transferred to the
Foundation for collaboration with directorates
and offices of the Foundation outside of the
Directorate as described under section
102(c)(7).
(d) Fiscal Year 2025.--
(1) Foundation.--There is authorized to be appropriated to
the Foundation $19,500,000,000 for fiscal year 2025.
(2) Specific nsf allocations.--Of the amount authorized
under paragraph (1)--
(A) $11,100,000,000 shall be made available to
carry out the activities of the Foundation outside of
the Directorate, of which $2,100,000,000 shall be for
STEM education and related activities, including
workforce activities under section 202; and
(B) $8,400,000,000 shall be made available to the
Directorate, of which--
(i) $2,772,000,000 shall be for the
innovation centers under section 104;
(ii) $1,512,000,000 shall be for
scholarships, fellowships, and other activities
under section 106;
(iii) $1,176,000,000 shall be for academic
technology transfer under section 109;
(iv) $840,000,000 shall be for test beds
under section 108;
(v) $1,260,000,000 shall be for research
and development activities under section 107;
and
(vi) an amount equal to 10 percent of the
total made available to the Directorate under
this subparagraph shall be transferred to the
Foundation for collaboration with directorates
and offices of the Foundation outside of the
Directorate as described under section
102(c)(7).
(e) Fiscal Year 2026.--
(1) Foundation.--There is authorized to be appropriated to
the Foundation $21,300,000,000 for fiscal year 2026.
(2) Specific nsf allocations.--Of the amount authorized
under paragraph (1)--
(A) $12,000,000,000 shall be made available to
carry out the activities of the Foundation outside of
the Directorate, of which $2,540,000,000 shall be for
STEM education and related activities, including
workforce activities under section 202; and
(B) $9,300,000,000 shall be made available to the
Directorate, of which--
(i) $3,069,000,000 shall be for the
innovation centers under section 104;
(ii) $1,674,000,000 shall be for
scholarships, fellowships, and other activities
under section 106;
(iii) $1,302,000,000 shall be for academic
technology transfer under section 109;
(iv) $930,000,000 shall be for test beds
under section 108;
(v) $1,395,000,000 shall be for research
and development activities under section 107;
and
(vi) an amount equal to 10 percent of the
total made available to the Directorate under
this subparagraph shall be transferred to the
Foundation for collaboration with directorates
and offices of the Foundation outside of the
Directorate as described under section
102(c)(7).
(f) Allocation and Limitations.--
(1) Allocation for the office of inspector general.--From
any amounts appropriated for the Foundation for a fiscal year,
the Director shall allocate for necessary expenses of the
Office of Inspector General of the Foundation an amount of not
less than $33,000,000 in any fiscal year for oversight of the
programs and activities funded under this section in accordance
with the Inspector General Act of 1978 (5 U.S.C. App.).
(2) Supplement and not supplant.--The amounts authorized to
be appropriated under this section shall supplement, and not
supplant, any other amounts previously appropriated to the
Office of the Inspector General of the Foundation.
(3) No new awards.--The Director shall not make any new
awards for the activities under the Directorate for any fiscal
year in which the total amount appropriated to the Foundation
(not including amounts appropriated for the Directorate) is
less than the total amount appropriated to the Foundation (not
including such amounts), adjusted by the rate of inflation, for
the previous fiscal year.
(4) No funds for construction.--No funds provided to the
Directorate under this section shall be used for construction.
SEC. 117. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY.
(a) Authorization of Appropriations.--
(1) Fiscal year 2022.--There is authorized to be
appropriated to the Department of Energy $1,000,000,000 for
fiscal year 2022 to carry out research and development in the
key technology focus areas.
(2) Fiscal year 2023.--There is authorized to be
appropriated to the Department of Energy $1,800,000,000 for
fiscal year 2023 to carry out research and development in the
key technology focus areas.
(3) Fiscal year 2024.--There is authorized to be
appropriated to the Department of Energy $3,700,000,000 for
fiscal year 2024 to carry out research and development in the
key technology focus areas.
(4) Fiscal year 2025.--There is authorized to be
appropriated to the Department of Energy $4,900,000,000 for
fiscal year 2025 to carry out research and development in the
key technology focus areas.
(5) Fiscal year 2026.--There is authorized to be
appropriated to the Department of Energy $5,500,000,000 for
fiscal year 2026 to carry out research and development in the
key technology focus areas.
(b) Supplement and Not Supplant.--The amounts authorized to be
appropriated under this section shall supplement, and not supplant, any
other amounts previously authorized to be appropriated to the
Department of Energy.
(c) No Funds for Construction.--No funds provided to the Department
of Energy under this section shall be used for construction.
TITLE II--NSF RESEARCH, STEM, AND GEOGRAPHIC DIVERSITY INITIATIVES
SEC. 201. CHIEF DIVERSITY OFFICER OF THE NSF.
(a) Chief Diversity Officer.--
(1) Appointment.--The President shall appoint, by and with
the consent of the Senate, a Chief Diversity Officer of the
Foundation.
(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.
(3) Oversight.--The Chief Diversity Officer shall direct
the Office of Diversity and Inclusion of the Foundation and
report directly to the Director in the performance of the
duties of the Chief Diversity Officer under this section.
(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
traditionally underrepresented populations in STEM, including
Native Hawaiians, Alaska Natives, and other Indians, and
institutions from jurisdictions eligible to participate under
section 113 of the National Science Foundation Authorization
Act of 1988 (42 U.S.C. 1862g);
(4) advising in the establishment of a strategic plan for
outreach to, and recruiting from, untapped locations and
underrepresented populations;
(5) advising on the application of the Foundation's broader
impacts review criterion; and
(6) performing such additional duties and exercise such
powers as the Director may prescribe.
(c) Funding.--From any amounts appropriated for the Foundation for
each of fiscal years 2022 through 2026, the Director shall allocate
$5,000,000 to carry out this section for each such year.
SEC. 202. 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.
(b) Implementation.--The Director may carry out subsection (a) by
making awards--
(1) directly to students; or
(2) to institutions of higher education or consortia of
institutions of higher education, including those institutions
or consortia involved in operating university technology
centers established under section 104(a).
(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
minority-serving institutions (or institutions of higher
education with an established STEM capacity building program
focused on traditionally underrepresented populations in STEM,
including Native Hawaiians, Alaska Natives, and other Indians);
(3) addressing current and expected gaps in the
availability and skills of the STEM workforce, or addressing
the needs of the STEM workforce, including by prioritizing
awards to United States citizens, permanent residents, and
individuals that will grow the domestic workforce;
(4) addressing geographic diversity in the STEM workforce;
and
(5) awarding grants to institutions of higher education to
address STEM workforce gaps, including for programs that
recruit, retain, and progress 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.
(d) Innovation.--
(1) Graduate education.--In carrying out this section, the
Director shall encourage innovation in graduate education, and
studying the impacts of such innovations, 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 masters programs related
to the key technology focus areas.
(2) 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 (e)(1) for fellowships or other
temporary rotational postings of not more than 2 years. Such
fellowships or temporary rotational postings shall be awarded--
(A) 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
(B) to carry out research in the key technology
focus areas at Federal, State, local, and Tribal
government research facilities.
(3) Direct hire authority.--
(A) In general.--During fiscal year 2021 and any
fiscal year thereafter, 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 subparagraph (B)
directly to a position in the competitive service with
the Federal agency for which the candidate meets Office
of Personnel Management qualification standards.
(B) Fellowship or temporary rotational posting.--
Subparagraph (A) applies with respect to a former
recipient of an award under this subsection who--
(i) earned a doctoral degree in a STEM
field from an institution of higher education;
and
(ii) successfully fulfilled the
requirements of the fellowship or temporary
rotational posting within a Federal agency.
(C) Limitation.--The direct hire authority under
this paragraph 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.
(e) 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; and
(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.
(f) Set Aside.--The Director shall ensure that not less than 20
percent of the funds available to carry out this section shall be used
to support institutions of higher education, and other institutions,
located in jurisdictions that participate in the program under section
113 of the National Science Foundation Authorization Act of 1988 (42
U.S.C. 1862g).
SEC. 203. EMERGING RESEARCH INSTITUTION PILOT PROGRAM.
(a) In General.--The Director shall establish a 5-year pilot
program for awarding grants to eligible partnerships, led by 1 or more
emerging research institutions, to build research and education
capacity at emerging research institutions to enable such institutions
to contribute to programs run by the Directorate.
(b) Applications.--An eligible partnership seeking a grant under
this section 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 partnership will
use the funds awarded through the grant to achieve a lasting,
sustainable increase in the research and education capacity of each
emerging research institution included in the eligible partnership.
(c) Activities.--An eligible partnership receiving a grant under
this section may use the funds awarded through such grant for
increasing research, education, and innovation capacity, including
for--
(1) faculty training and resources, including joint
resources;
(2) research experiences for undergraduate and graduate
students; and
(3) maintenance and repair of research equipment and
instrumentation.
(d) Definition of Eligible Partnership.--In this section, the term
``eligible partnership'' means a partnership of--
(1) at least 1 emerging research institution; and
(2) at least 1 institution that, on average for the 3 years
prior to an application for an award under this section,
received more than $100,000,000 in Federal research funding.
SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR THE FOUNDATION.
(a) Experts in Science and Engineering.--
(1) Program authorized.--The Foundation may carry out a
program of personnel management authority provided under
paragraph (2) 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.
(2) Personnel management authority.--Under the program
under paragraph (1), the Foundation may--
(A) without regard to any provision of title 5,
United States Code, governing the appointment of
employees in the civil service, appoint individuals to
a total of not more than 140 positions in the
Foundation, of which not more than 5 such positions may
be positions of administration or management of the
Foundation;
(B) notwithstanding any provision of title 5,
United States Code, governing the rates of pay or
classification of employees in the executive branch,
prescribe the rates of basic pay for positions to which
employees are appointed under subparagraph (A)--
(i) in the case of employees appointed
pursuant to subparagraph (A) 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 subparagraph (A), 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
(C) pay any employee appointed under subparagraph
(A), other than an employee appointed to a position
designated as described in subparagraph (B)(i),
payments in addition to basic pay within the limit
applicable to the employee under paragraph (4).
(3) Limitation on term of appointment.--
(A) In general.--Except as provided in subparagraph
(B), the service of an employee under an appointment
under paragraph (2)(A) may not exceed 4 years.
(B) Extension.--The Director may, in the case of a
particular employee under the program under paragraph
(1), extend the period to which service is limited
under subparagraph (A) by up to 2 years if the Director
determines that such action is necessary to promote the
efficiency of the Foundation, as applicable.
(4) 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 paragraph (2)(C) 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.
(b) Highly Qualified Experts in Needed Occupations.--
(1) In general.--The Foundation may carry out a program
using the authority provided in paragraph (2) 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.
(2) Authority.--Under the program, the Foundation may--
(A) 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 to positions in the
Foundation;
(B) prescribe the rates of basic pay for positions
to which employees are appointed under subparagraph (A)
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, as increased by
locality-based comparability payments under section
5304 of such title, notwithstanding any provision of
such title governing the rates of pay or classification
of employees in the executive branch; and
(C) pay any employee appointed under subparagraph
(A) payments in addition to basic pay within the limits
applicable to the employee under paragraph (4).
(3) Limitation on term of appointment.--
(A) In general.--Except as provided in subparagraph
(B), the service of an employee under an appointment
made pursuant to this subsection may not exceed 5
years.
(B) Extension.--The Foundation may, in the case of
a particular employee, extend the period to which
service is limited under subparagraph (A) by up to 1
additional year if the Foundation determines that such
action is necessary to promote the Foundation's
national security missions.
(4) Limitations on additional payments.--
(A) Total amount.--
(i) In general.--The total amount of the
additional payments paid to an employee under
this subsection for any 12-month period may not
exceed the lesser of the following amounts:
(I) $50,000 in fiscal year 2021,
which may be adjusted annually
thereafter by the Foundation, with a
percentage increase equal to one-half
of 1 percentage point less than the
percentage by which the Employment Cost
Index, published quarterly by the
Bureau of Labor Statistics, for the
base quarter of the year before the
preceding calendar year exceeds the
Employment Cost Index for the base
quarter of the second year before the
preceding calendar year.
(II) The amount equal to 50 percent
of the employee's annual rate of basic
pay.
(ii) Definition of base quarter.-- For
purposes of this subparagraph, the term ``base
quarter'' has the meaning given such term by
section 5302(3) of title 5, United States Code.
(B) 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.
(C) Additional limitation.--Notwithstanding any
other provision of this paragraph or of section 5307 of
title 5, United States Code, no additional payments may
be paid to an employee under this subsection in any
calendar year if, or to the extent that, the employee's
total annual compensation 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.
(5) Limitation on number of highly qualified experts.--The
number of highly qualified experts appointed and retained by
the Foundation under paragraph (2)(A) shall not exceed 140 at
any time.
(6) Savings provisions.--In the event that the Foundation
terminates the program under this subsection, 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
subsection--
(A) 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 paragraph (3),
including any extension made under this
subsection before the termination of the
program; and
(B) the rate of basic pay prescribed for the
position under this subsection may not be reduced as
long as the employee continues to serve in the position
without a break in service.
(c) Additional Hiring Authority.--To the extent needed to carry out
the duties under subsection (a)(1), 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.
(d) National Academy of Public Administration.--
(1) 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--
(A) evaluate and make recommendations to
efficiently and effectively implement the Directorate
for Technology and Innovation;
(B) evaluate and make recommendations to ensure
coordination of the Directorate for Technology and
Innovation with other directorates and offices of the
Foundation and other Federal agencies; and
(C) make recommendations for the management of the
Foundation's business and personnel practices,
including implementation of the new hiring authorities
and program director authorities provided in this
section and section 103.
(2) Review.--Upon completion of the study under paragraph
(1), 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.
SEC. 205. ADVANCED TECHNOLOGICAL MANUFACTURING ACT.
(a) Findings and Purpose.--Section 2 of the Scientific and
Advanced-Technology Act of 1992 (42 U.S.C. 1862h) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``science,
mathematics, and technology'' and inserting ``science,
technology, engineering, and mathematics or STEM'';
(B) in paragraph (4), by inserting ``educated'' and
before ``trained''; and
(C) in paragraph (5), by striking ``scientific and
technical education and training'' and inserting ``STEM
education and training''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``mathematics and
science'' and inserting ``STEM fields''; and
(B) in paragraph (4), by striking ``mathematics and
science instruction'' and inserting ``STEM
instruction''.
(b) Modernizing References to STEM.--Section 3 of the Scientific
and Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is amended--
(1) in the section heading, by striking ``scientific and
technical education '' and inserting ``stem education'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Scientific and Technical Education '' and inserting
``STEM Education'';
(B) 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'';
(C) in paragraph (1)--
(i) by inserting ``and study'' after
``development''; and
(ii) by striking ``core science and
mathematics courses'' and inserting ``core STEM
courses'';
(D) in paragraph (2), by striking ``science,
mathematics, and advanced-technology fields'' and
inserting ``STEM and advanced-technology fields'';
(E) 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;
(F) in paragraph (4), by striking ``scientific and
advanced-technology fields'' and inserting ``STEM and
advanced-technology fields''; and
(G) in paragraph (5), by striking ``advanced
scientific and technical education'' and inserting
``advanced STEM and advanced-technology'';
(3) in subsection (b)--
(A) by striking the subsection heading and
inserting the following: ``Centers of Scientific and
Technical Education.--'';
(B) in the matter preceding paragraph (1), by
striking ``not to exceed 12 in number'' and inserting
``in advanced-technology fields'';
(C) in paragraph (2), by striking ``education in
mathematics and science'' and inserting ``STEM
education''; and
(D) in the flush matter following paragraph (2), by
striking ``in the geographic region served by the
center'';
(4) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) 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--'';
(II) in clause (i), by striking
``to ensure'' and inserting ``to
develop articulation agreements that
ensure''; and
(III) 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)--
(I) in clause (i), by inserting
``veterans and individuals engaged in''
before ``work in the home'';
(II) 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
(III) by striking the flush text
following clause (iv); and
(iii) by striking subparagraph (C);
(B) 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
(C) 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.'';
(5) in subsection (d)(2)--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(C) 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'';
(6) in subsection (g), by striking the second sentence;
(7) in subsection (h)(1)--
(A) in subparagraph (A), by striking ``2022'' and
inserting ``2026'';
(B) in subparagraph (B), by striking ``2022'' and
inserting ``2026''; and
(C) 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'';
(8) in subsection (i)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(9) in subsection (j)--
(A) 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;'';
(B) in paragraph (4), by striking ``separate
bachelor-degree-granting institutions'' and inserting
``other entities'';
(C) by striking paragraph (7);
(D) by redesignating paragraphs (8) and (9) as
paragraphs (7) and (8), respectively;
(E) in paragraph (7), as redesignated by
subparagraph (D), by striking ``and'' after the
semicolon;
(F) in paragraph (8), as redesignated by
subparagraph (D)--
(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
(G) by adding at the end the following:
``(9) the term skilled technical workforce means workers--
``(A) in occupations that use significant levels of
science and engineering expertise and technical
knowledge; and
``(B) whose level of educational attainment is less
than a bachelor degree.''.
(c) 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 (from
sums otherwise authorized to be appropriated for the Foundation) for
carrying out sections 2 through 4, $150,000,000 for fiscal years 2022
through 2026.''.
SEC. 206. INTRAMURAL EMERGING INSTITUTIONS PILOT PROGRAM.
(a) Establishment.--The Director shall conduct multiple pilot
programs 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
grants.
(b) Components.--Each pilot program described in subsection (a)
shall include at least 1 of the following elements:
(1) A mentorship program.
(2) Grant writing technical assistance.
(3) Targeted outreach, including to a minority-serving
institution (including a historically Black college or
university, a Tribal college or university, or a Hispanic-
serving institution or an institution of higher education with
an established STEM capacity building program focused on
traditionally underrepresented populations in STEM, including
Native Hawaiians, Alaska Natives, and other Indians).
(4) Programmatic support or solutions for institutions or
entities that do not have an experienced grant management
office.
(5) An increase in the number of grant reviewers from
institutions of higher education that have not traditionally
received funds from the Foundation.
(6) An increase of the term and funding, for a period of 3
years or less, as appropriate, to a principal investigator that
is a first-time grant awardee, when paired with regular
mentoring on the administrative aspects of grant management.
(c) Limitation.--As appropriate, each pilot program described in
subsection (a) shall work to reduce administrative burdens.
(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 described in
subsection (a); and
(2) develop agency-wide 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)).
SEC. 207. PUBLIC-PRIVATE PARTNERSHIPS.
(a) In General.--The Director shall pursue partnerships with
private industry, private foundations, or other appropriate private
entities to--
(1) enhance the impact of the Foundation's investments and
contributions to the United States economic competitiveness and
security; and
(2) make available infrastructure, expertise, and financial
resources to the United States scientific and engineering
research and education enterprise.
(b) Merit Review.--Nothing in this section shall be construed as
altering any intellectual or broader impacts criteria at the Foundation
for evaluating grant applications.
SEC. 208. AI SCHOLARSHIP-FOR-SERVICE ACT.
(a) Definitions.--In this section:
(1) Artificial intelligence.--The term ``artificial
intelligence'' or ``AI'' has the meaning given the term
``artificial intelligence'' in section 238(g) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(10 U.S.C. 2358 note).
(2) Executive agency.--The term ``executive agency'' has
the meaning given the term ``Executive agency'' in section 105
of title 5, United States Code.
(3) Registered internship.--The term ``registered
internship'' means a Federal Registered Internship Program
coordinated through the Department of Labor.
(b) In General.--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, shall 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.
(c) 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--
(1) measures of the institution's demonstrated excellence
in the education of students in the field of artificial
intelligence; and
(2) measures of the institution's ability to attract and
retain a diverse and non-traditional student population in the
fields of science, technology, engineering, and mathematics,
which may include the ability to attract women, minorities, and
individuals with disabilities.
(d) Program Description and Components.--The Federal AI
Scholarship-for-Service Program shall--
(1) 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;
(2) provide the scholarship recipients with summer
internship opportunities, registered internships, or other
meaningful temporary appointments in the Federal workforce
focusing on AI projects or research;
(3) prioritize the employment placement of scholarship
recipients in executive agencies;
(4) 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; and
(5) 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.
(e) Scholarship Amounts.--Each scholarship under subsection (d)
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.
(f) 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--
(1) an executive agency;
(2) Congress, including any agency, entity, office, or
commission established in the legislative branch;
(3) an interstate agency;
(4) a State, local, or Tribal government, which may include
instruction in AI-related skill sets in a public school system;
or
(5) 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))).
(g) Hiring Authority.--
(1) 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.
(2) Noncompetitive conversion.--Except as provided in
paragraph (4), upon fulfillment of the service term, an
employee appointed under paragraph (1) may be converted
noncompetitively to term, career-conditional, or career
appointment.
(3) Timing of conversion.--An executive agency may
noncompetitively convert a term employee appointed under
paragraph (2) to a career-conditional or career appointment
before the term appointment expires.
(4) Authority to decline conversion.--An executive agency
may decline to make the noncompetitive conversion or
appointment under paragraph (2) for cause.
(h) Eligibility.--To be eligible to receive a scholarship under
this section, an individual shall--
(1) be a citizen or lawful permanent resident of the United
States;
(2) demonstrate a commitment to a career in advancing the
field of AI;
(3) be--
(A) a full-time student in an eligible degree
program at a qualified institution of higher education,
as determined by the Director;
(B) a student pursuing a degree on a less than
full-time basis, but not less than half-time basis; or
(C) an AI faculty member on sabbatical to advance
knowledge in the field; and
(4) accept the terms of a scholarship under this section.
(i) Conditions of Support.--
(1) 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.
(2) Terms.--A scholarship recipient under this section
shall be liable to the United States as provided in subsection
(k) if the individual--
(A) fails to maintain an acceptable level of
academic standing at the applicable institution of
higher education, as determined by the Director;
(B) is dismissed from the applicable institution of
higher education for disciplinary reasons;
(C) withdraws from the eligible degree program
before completing the program;
(D) declares that the individual does not intend to
fulfill the post-award employment obligation under this
section; or
(E) fails to fulfill the post-award employment
obligation of the individual under this section.
(j) Monitoring Compliance.--As a condition of participating in the
program, a qualified institution of higher education shall--
(1) enter into an agreement with the Director to monitor
the compliance of scholarship recipients with respect to their
post-award employment obligations; and
(2) provide to the Director, on an annual basis, the post-
award employment documentation required under subsection (i)
for scholarship recipients through the completion of their
post-award employment obligations.
(k) Amount of Repayment.--
(1) Less than 1 year of service.--If a circumstance
described in subsection (i)(2) 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--
(A) be repaid; or
(B) be treated as a loan to be repaid in accordance
with subsection (l).
(2) 1 or more years of service.--If a circumstance
described in subparagraph (D) or (E) of subsection (i)(2)
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--
(A) be repaid; or
(B) be treated as a loan to be repaid in accordance
with subsection (l).
(l) Repayments.--A loan described in subsection (k) shall--
(1) 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
(2) 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).
(m) Collection of Repayment.--
(1) 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--
(A) determine the repayment amounts and notify the
recipient and the Director of the amounts owed; and
(B) 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
subsection (l).
(2) Returned to treasury.--Except as provided in paragraph
(3), any repayment under this subsection shall be returned to
the Treasury of the United States.
(3) 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.
(n) 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.
(o) Public Information.--
(1) 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--
(A) placement rates;
(B) where students are placed, including job titles
and descriptions;
(C) salary ranges for students not released from
obligations under this section;
(D) how long after graduation students are placed;
(E) how long students stay in the positions they
enter upon graduation;
(F) how many students are released from
obligations; and
(G) what, if any, remedial training is required.
(2) 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 paragraph (1) and any recent statistics
regarding the size, composition, and educational requirements
of the Federal AI workforce.
(3) 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--
(A) searchable, up-to-date, and accurate
information about participating institutions of higher
education and job opportunities related to the AI
field; and
(B) a modernized description of AI careers.
(p) 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. 209. GEOGRAPHIC DIVERSITY.
(a) Directorate.--The Director shall use not less than 20 percent
of the funds provided to the Directorate, for each fiscal year, to
carry out the program under section 113 of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1862g) for the purposes
of carrying out sections 104, 106, 107, 108, and 109 of this Act.
(b) National Science Foundation.--The Director shall use not less
than 20 percent of the funds provided to the Foundation, for each
fiscal year, to carry out the program under section 113 of the National
Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g).
(c) Department of Energy.--The Secretary of Energy shall use not
less than 20 percent of the funds provided to the Department of Energy
under section 117 for each fiscal year to carry out the program under
section 2203(b)(3) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)(3)).
(d) Consortia.--In the case of an award to a consortium under this
Act, the Director may count the entire award toward meeting the funding
requirements of this section if the lead entity of the consortium is
located in a jurisdiction that is eligible to participate in the
program under section 113 of the National Science Foundation
Authorization Act of 1988 (42 U.S.C. 1862g). In the case of an award to
a consortium under this Act, the Secretary may count the entire award
toward meeting the funding requirements of this section if the lead
entity of the consortium is located in a jurisdiction that is eligible
to participate in the program under section 2203(b)(3) of the Energy
Policy Act of 1992 (42 U.S.C. 13503(b)(3)).
SEC. 210. RURAL STEM EDUCATION ACT.
(a) Definitions.--In this section:
(1) 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).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) STEM.--The term ``STEM'' has the meaning given the term
in section 2 of the America COMPETES Reauthorization Act of
2010 (42 U.S.C. 6621 note).
(4) 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).
(b) National Science Foundation Rural Stem Activities.--
(1) Preparing rural stem educators.--
(A) In general.--The Director shall provide grants
on a merit-reviewed, competitive basis to institutions
of higher education or nonprofit organizations (or a
consortium thereof) for research and development to
advance innovative approaches to support and sustain
high-quality STEM teaching in rural schools.
(B) Use of funds.--
(i) In general.--Grants awarded under this
paragraph shall be used for the research and
development activities referred to in
subparagraph (A), which may include--
(I) engaging rural educators 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 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 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 subclause (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 described in subclause
(I) that combine face-to-face and
online experiences; and
(VIII) any other activity the
Director determines will accomplish the
goals of this paragraph.
(ii) 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
of students in prekindergarten through grade
12, in order to build an ecosystem of
cooperation among educators, researchers,
academia, and local industry.
(2) Broadening participation of rural students in stem.--
(A) In general.--The Director shall provide grants
on a merit-reviewed, competitive basis to institutions
of higher education or nonprofit organizations (or a
consortium thereof) for--
(i) research and development of programming
to identify the barriers rural students face in
accessing high-quality STEM education; and
(ii) development of innovative solutions to
improve the participation and advancement of
rural students in prekindergarten through grade
12 in STEM studies.
(B) Use of funds.--
(i) In general.--Grants awarded under this
paragraph shall be used for the research and
development activities referred to in
subparagraph (A), 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;
(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 nonschool hours, STEM networks,
makerspaces, coding activities, and
competitions; and
(X) any other activity the Director
determines will accomplish the goals of
this paragraph.
(3) Application.--An applicant seeking a grant under
paragraph (1) or (2) 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:
(A) A description of the target population to be
served by the research activity or activities for which
such grant is sought.
(B) A description of the process for recruitment
and selection of students, educators, or schools from
rural areas to participate in such activity or
activities.
(C) 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.
(D) 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.
(4) Partnerships.--In awarding grants under paragraph (1)
or (2), the Director shall--
(A) encourage applicants which, for the purpose of
the activity or activities funded through the grant,
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; and
(B) encourage applicants which, for the purpose of
the activity or activities funded through the grant,
include or partner with a consortium of rural schools
or rural school districts.
(5) Evaluations.--All proposals for grants under paragraphs
(1) and (2) shall include an evaluation plan that includes the
use of outcome-oriented measures to assess the impact and
efficacy of the grant. Each recipient of a grant under this
subsection shall include results from these evaluative
activities in annual and final projects.
(6) Accountability and dissemination.--
(A) Evaluation required.--The Director shall
evaluate the portfolio of grants awarded under
paragraphs (1) and (2). Such evaluation shall--
(i) assess the results of research
conducted under such grants and identify best
practices; and
(ii) to the extent practicable, integrate
the findings of research resulting from the
activity or activities funded through such
grants with the findings of other research on
rural students' pursuit of degrees or careers
in STEM.
(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 grants awarded under this
subsection.
(7) 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 Act, the Committee on Equal
Opportunities in Science and Engineering shall include--
(A) 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; and
(B) 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.
(8) 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.
(c) Opportunities for Online Education.--
(1) In general.--The Director shall award competitive
grants 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.
(2) Research areas.--The research areas eligible for
funding under this subsection shall include--
(A) evaluating the learning and achievement of
rural students in prekindergarten through grade 12 in
STEM subjects;
(B) understanding how computer-based and online
professional development courses and mentor experiences
can be integrated to meet the needs of educators of
rural students in prekindergarten through grade 12;
(C) combining computer-based and online STEM
education and training with apprenticeships, mentoring,
or other applied learning arrangements;
(D) leveraging online programs to supplement STEM
studies for rural students that need physical and
academic accommodation; and
(E) any other activity the Director determines will
accomplish the goals of this subsection.
(3) Evaluations.--All proposals for grants under this
subsection shall include an evaluation plan that includes the
use of outcome-oriented measures to assess the impact and
efficacy of the grant. Each recipient of a grant under this
subsection shall include results from these evaluative
activities in annual and final projects.
(4) Accountability and dissemination.--
(A) Evaluation required.--The Director shall
evaluate the portfolio of grants awarded under this
subsection. Such evaluation shall--
(i) use a common set of benchmarks and
tools to assess the results of research
conducted under such grants and identify best
practices; and
(ii) to the extent practicable, integrate
findings from activities carried out pursuant
to research conducted under this subsection,
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.
(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 grants awarded under this
subsection.
(5) 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.
(d) National Academies of Sciences, Engineering, and Medicine
Evaluation.--
(1) Study.--Not later than 12 months after the date of
enactment of this Act, the Director shall enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine under which the National Academies agree to
conduct an evaluation and assessment that--
(A) 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;
(B) 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;
(C) assesses the core research and data needed to
understand the challenges rural areas are facing in
providing quality STEM education and workforce
development;
(D) 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
(E) makes recommendations to inform the
implementation of programs in subsections (a), (b), and
(c).
(2) Report to director.--The agreement entered into under
paragraph (1) shall require the National Academies of Sciences,
Engineering, and Medicine, not later than 24 months after the
date of enactment of this Act, to submit to the Director a
report on the study conducted under such paragraph, including
the National Academies' findings and recommendations.
(e) GAO Review.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study on the engagement of rural populations in Federal STEM 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.
(f) Capacity Building Through EPSCoR.--Section 517(f)(2) of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2))
is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) 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''.
(g) NIST Engagement With Rural Communities.--
(1) MEP outreach.--Section 25 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k) is amended--
(A) in subsection (c)--
(i) in paragraph (6), by striking
``community colleges and area career and
technical education schools'' and inserting the
following: ``secondary schools (as defined in
section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)),
community colleges, and area career and
technical education schools, including those in
underserved and rural communities,''; and
(ii) in paragraph (7)--
(I) by striking ``and local
colleges'' and inserting the following:
``local high schools and local
colleges, including those in
underserved and rural communities,'';
and
(II) by inserting ``or other
applied learning opportunities'' after
``apprenticeships''; and
(B) 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,''.
(2) Rural connectivity prize competition.--
(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 subparagraph (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 subparagraph (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 paragraph, the Secretary shall consult with
the Federal Communications Commission and the heads of
relevant departments and agencies of the Federal
Government.
SEC. 211. QUANTUM NETWORK INFRASTRUCTURE AND WORKFORCE DEVELOPMENT ACT.
(a) Definitions.--In this section:
(1) ESEA definitions.--The terms ``elementary school'',
``high school'', ``local educational agency'', and ``secondary
school'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(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) Interagency working group.--The term ``Interagency
Working Group'' means the QIS Workforce Working Group under the
Subcommittee on Quantum Information Science of the National
Science and Technology Council.
(4) Q2work program.--The term ``Q2Work Program'' means the
Q2Work Program supported by the Foundation.
(5) 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).
(6) STEM.--The term ``STEM'' has the meaning given the term
in section 2 of the America COMPETES Reauthorization Act of
2010 (42 U.S.C. 6621 note).
(b) Quantum Networking Working Group Report on Quantum Networking
and Communications.--
(1) Report.--Not later than 3 years after the date of the
enactment of this Act, the Quantum Networking Working Group
within the Subcommittee on Quantum Information Science of the
National Science and Technology Council 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 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--
(A) a framework for interagency collaboration on
the advancement of quantum networking and
communications research;
(B) a plan for interagency collaboration on the
development and drafting of international standards for
quantum communications technology, including standards
relating to--
(i) quantum cryptography and post-quantum
classical cryptography;
(ii) network security;
(iii) quantum network infrastructure;
(iv) transmission of quantum information
through optical fiber networks; and
(v) any other technologies considered
appropriate by the Working Group;
(C) a proposal for the protection of national
security interests relating to the advancement of
quantum networking and communications technology;
(D) recommendations to Congress for legislative
action relating to the framework, plan, and proposal
set forth pursuant to subparagraphs (A), (B), and (C),
respectively; and
(E) such other matters as the 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.--
(1) Research.--The Under Secretary of Commerce for
Standards and Technology shall carry out research to facilitate
the development and standardization of quantum networking and
communications technologies and applications, including
research on the following:
(A) Quantum cryptography and post-quantum classical
cryptography.
(B) Quantum repeater technology.
(C) Quantum network traffic management.
(D) Quantum transduction.
(E) Long baseline entanglement and teleportation.
(F) Such other technologies, processes, or
applications as the Under Secretary considers
appropriate.
(2) Implementation.--The Under Secretary shall carry out
the research required by paragraph (1) through such divisions,
laboratories, offices and programs of the National Institute of
Standards and Technology as the Under Secretary considers
appropriate and actively engaged in activities relating to
quantum information science.
(3) Development of standards.--For quantum technologies
deemed by the Under Secretary to be at a readiness level
sufficient for standardization, the Under Secretary shall
provide technical review and assistance to such other Federal
agencies as the Under Secretary considers appropriate for the
development of quantum network infrastructure standards.
(4) Authorization of appropriations.--
(A) In general.--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 this subsection
$10,000,000 for each of fiscal years 2022 through 2026.
(B) Supplement, not supplant.--The amounts
authorized to be appropriated under subparagraph (A)
shall supplement and not supplant amounts already
appropriated to the account described in such
subparagraph.
(d) Quantum Workforce Evaluation and Acceleration.--
(1) Identification of gaps.--The Foundation shall enter
into an agreement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study of ways to support
the next generation of quantum leaders.
(2) Scope of study.--In carrying out the study described in
paragraph (1), the National Academies of Sciences, Engineering,
and Medicine shall identify--
(A) education gaps, including foundational courses
in STEM and areas in need of standardization, in
elementary school, middle school, high school, and
higher education curricula, that need to be rectified
in order to prepare students to participate in the
quantum workforce;
(B) the skills and workforce needs of industry,
specifically identifying the cross-disciplinary
academic degrees or academic courses necessary--
(i) to qualify students for multiple career
pathways in quantum information sciences and
related fields;
(ii) to ensure the United States is
competitive in the field of quantum information
science while preserving national security; and
(iii) to support the development of quantum
applications; and
(C) the resources and materials needed to train
elementary, middle, and high school educators to
effectively teach curricula relevant to the development
of a quantum workforce.
(3) Reports.--
(A) Executive summary.--Not later than 2 years
after the date of enactment of this Act, the National
Academies of Science, Engineering, and Medicine shall
prepare and submit to the Foundation, and programs or
projects funded by the Foundation, an executive summary
of progress regarding the study conducted under
paragraph (1) that outlines the findings of the
Academies as of such date.
(B) Report.--Not later than 3 years after the date
of enactment of this Act, the National Academies of
Science, Engineering, and Medicine shall prepare and
submit a report containing the results of the study
conducted under paragraph (1) to Congress, the
Foundation, and programs or projects funded by the
Foundation that are relevant to the acceleration of a
quantum workforce.
(e) Incorporating QISE Into STEM Curriculum.--
(1) In general.--The Foundation shall, through programs
carried out or supported by the Foundation, prioritize the
better integration of quantum information science and
engineering (referred to in this subsection as QISE) into the
STEM curriculum for each grade level from kindergarten through
grade 12, and community colleges.
(2) Requirements.--The curriculum integration under
paragraph (1) shall include--
(A) methods to conceptualize QISE for elementary,
middle, and high school curricula;
(B) methods for strengthening foundational
mathematics and science curricula;
(C) age-appropriate materials that apply the
principles of quantum information science in STEM
fields;
(D) recommendations for the standardization of key
concepts, definitions, and curriculum criteria across
government, academia, and industry; and
(E) materials that specifically address the
findings and outcomes of the study conducted under
subsection (d) and strategies to account for the skills
and workforce needs identified through the study.
(3) Coordination.--In carrying out this subsection, the
Foundation, including the STEM Education Advisory Panel and the
Advancing Informal STEM Learning program and through the
Foundation's role in the National Q-12 Education Partnership
and the programs such as the Q2Work Program, shall coordinate
with the Office of Science and Technology Policy, EPSCoR
eligible universities, and any Federal agencies or working
groups determined necessary by the Foundation.
(4) Review.--In implementing this subsection, the
Foundation shall support the community expansion of the related
report entitled Key Concepts for Future QIS Learners (May
2020).
(f) Quantum Education Pilot Program.--
(1) In general.--The Foundation, through the Foundation's
role in the National Q-12 Education Partnership and programs
such as Q2Work Program, and in coordination with the
Directorate for Education and Human Resources, shall carry out
a pilot program, to be known as the Next Generation Quantum
Leaders Pilot Program, to provide funding for the education and
training of the next generation of students in the fundamental
principles of quantum mechanics.
(2) Requirements.--
(A) In general.--In carrying out the pilot program
required by paragraph (1), the Foundation shall--
(i) publish a call for applications through
the National Q-12 Education Partnership website
(or similar website) for participation in the
pilot program from elementary schools,
secondary schools, and State educational
agencies as determined appropriate by the
Foundation;
(ii) coordinate with educational service
agencies, associations that support STEM
educators or local educational agencies, and
partnerships through the Q-12 Education
Partnership, to encourage elementary schools,
secondary schools, and State educational
agencies to participate in the program as
determined appropriate by the Foundation;
(iii) accept applications in advance of the
academic year in which the program shall begin;
and
(iv) select elementary schools, secondary
schools, and State educational agencies to
participate in the program, as determined
appropriate by the Foundation, in accordance
with qualifications determined by the QIS
Workforce Working Group, in coordination with
the National Q-12 Education Partnership.
(B) Prioritization.--In selecting program
participants under subparagraph (A)(iv), the Director
of the Foundation shall give priority to elementary
schools, secondary schools, and local educational
agencies located in jurisdictions eligible to
participate in the Established Program to Stimulate
Competitive Research (commonly known as EPSCoR),
including Tribal and rural elementary, middle, and high
schools in such jurisdictions.
(3) Consultation.--The Foundation shall carry out this
subsection in consultation with the QIS Workforce Working Group
and the Advancing Informal STEM Learning Program.
(4) Reporting.--
(A) Report and selected participants.--Not later
than 90 days following the closing of the application
period under paragraph (2)(A)(iii), the Director of the
Foundation shall submit to Congress a report on the
educational institutions selected to participate in the
pilot program required under paragraph (1), specifying
the percentage from nontraditional geographies,
including Tribal or rural school districts.
(B) Report on implementation of curriculum.--Not
later than 2 years after the date of enactment of this
Act, the Director of the Foundation shall submit to
Congress a report on implementation of the curricula
and materials under the pilot program, including the
feasibility and advisability of expanding such pilot
program to include additional educational institutions
beyond those originally selected to participate in the
pilot program.
(5) Authorization of appropriations.--There is authorized
to be appropriated such funds as may be necessary to carry out
this subsection.
(6) Termination.--This subsection shall cease to have
effect on the date that is 3 years after the date of the
enactment of this Act.
(g) Energy Sciences Network.--
(1) In general.--The Secretary of Energy (referred to in
this subsection as the Secretary), in coordination with the
National Science Foundation and the National Aeronautics and
Space Administration, shall supplement the Energy Sciences
Network User Facility (referred to in this subsection as the
Network) with dedicated quantum network infrastructure to
advance development of quantum networking and communications
technology.
(2) Purpose.--The purpose of paragraph (1) is to utilize
the Network to advance a broad range of testing and research,
including relating to--
(A) the establishment of stable, long-baseline
quantum entanglement and teleportation;
(B) quantum repeater technologies for long-baseline
communication purposes;
(C) quantum transduction;
(D) the coexistence of quantum and classical
information;
(E) multiplexing, forward error correction,
wavelength routing algorithms, and other quantum
networking infrastructure; and
(F) any other technologies or applications
determined necessary by the Secretary.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out this
subsection, $10,000,000 for each of fiscal years 2022 through
2026.
SEC. 212. SUPPORTING EARLY-CAREER RESEARCHERS ACT.
(a) Short Title.--This section may be cited as the ``Supporting
Early-Career Researchers Act''.
(b) In General.--The Director may establish a 2-year pilot program
to award grants 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 2 years.
(c) Priority for Broadening Participation.--In awarding grants
under this section, the Director shall give priority to--
(1) early-career investigators who are from groups that are
underrepresented in science, technology, engineering, and
mathematics research;
(2) early-career investigators who choose to carry out
independent research at a minority-serving institution (or an
institution of higher education with an established STEM
capacity building program focused on traditionally
underrepresented populations in STEM, including Native
Hawaiians, Alaska Natives, and other Indians); and
(3) early-career investigators in a jurisdiction eligible
to participate under section 113 of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1862g).
(d) Reports From Grantees.--Not later than 180 days after the end
of the pilot program under this section, each early-career investigator
who receives a grant under the pilot program shall submit a report to
the Director that describes how the early-career investigator used the
grant funds.
(e) Report to Congress.--Not later than 180 days after the deadline
for the submission of the reports described in subsection (d), the
Director shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science, Space,
and Technology of the House of Representatives that contains a summary
of the uses of grant funds under this section and the impact of the
pilot program under this section.
SEC. 213. ADVANCING 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
awarding grants 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 205, 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; and
(G) 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. 214. CRITICAL MINERALS MINING RESEARCH.
(a) Critical Minerals Mining Research and Development at the
Foundation.--
(1) In general.--In order to support supply chain
resiliency, the Director shall issue 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, 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; or
(G) providing training and research opportunities
to undergraduate and graduate students to prepare the
next generation of mining engineers and researchers.
(b) Critical Minerals Interagency Subcommittee.--
(1) In general.--In order to support supply chain
resiliency, the Critical Minerals Subcommittee of the National
Science and Technology Council (referred to in this subsection
as the Subcommittee) shall coordinate Federal science and
technology efforts to ensure secure and reliable supplies of
critical minerals to the United States.
(2) Purposes.--The purposes of the Subcommittee shall be--
(A) to advise and assist the Committee on Homeland
and National Security and the National Science and
Technology Council on United States policies,
procedures, and plans as it relates to critical
minerals, including--
(i) Federal research, development, and
deployment efforts to optimize methods for
extractions, concentration, separation, and
purification of conventional, secondary, and
unconventional sources of critical minerals;
(ii) efficient use and reuse of critical
minerals;
(iii) the critical minerals 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
minerals;
(C) to ensure the transparency of information and
data related to critical minerals; 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
minerals necessary to maintain national security,
economic well-being, and industrial production.
(3) Responsibilities.--In carrying out paragraphs (1) and
(2), 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 toward developing critical
minerals recycling and reprocessing technologies, and
technological alternatives to critical minerals;
(C) examine options for accessing and developing
critical minerals through investment and trade with
allies and partners of the United States and provide
recommendations;
(D) evaluate and provide recommendations to
incentivize the development and use of advances in
science and technology in the private industry;
(E) assess the need for and make recommendations to
address the challenges the United States critical
minerals supply chain workforce faces, including--
(i) aging and retiring personnel and
faculty;
(ii) public perceptions about the nature of
mining and mineral processing; and
(iii) foreign competition for United States
talent;
(F) develop, and update as necessary, a strategic
plan to guide Federal programs and activities to
enhance--
(i) scientific and technical capabilities
across critical mineral supply chains,
including a roadmap that identifies key
research and development needs and coordinates
ongoing activities for source diversification,
more efficient use, recycling, and substitution
for critical minerals; and
(ii) cross-cutting mining science, data
science techniques, materials science,
manufacturing science and engineering,
computational modeling, and environmental
health and safety research and development; and
(G) report to the appropriate committees of
Congress on activities and findings under this
subsection.
(4) Mandatory responsibilities.--In carrying out paragraphs
(1) and (2), the Subcommittee shall, taking into account the
findings and recommendations of the relevant advisory
committees, identify and evaluate Federal policies and
regulations that restrict the mining of critical minerals.
(c) Grant Program for Development of Critical Minerals and
Metals.--
(1) Establishment.--The Secretary of Commerce, in
consultation with the Director and the Secretary of the
Interior, shall establish a grant program to finance pilot
projects for the development of critical minerals and metals in
the United States.
(2) Limitation on grant awards.--A grant awarded under
paragraph (1) may not exceed $10,000,000.
(3) Economic viability.--In awarding grants under paragraph
(1), the Secretary of Commerce shall give priority to projects
that the Secretary of Commerce determines are likely to be
economically viable over the long term.
(4) Secondary recovery.--In awarding grants under paragraph
(1), the Secretary of Commerce shall seek to award not less
than 30 percent of the total amount of grants awarded during
the fiscal year for projects relating to secondary recovery of
critical minerals and metals.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Commerce $100,000,000
for each of fiscal years 2021 through 2024 to carry out the
grant program established under paragraph (1).
(d) Definitions.--In this section:
(1) Critical mineral; critical mineral or metal.--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)).
(2) Secondary recovery.--The term ``secondary recovery''
means the recovery of critical minerals and metals from
discarded end-use products or from waste products produced
during the metal refining and manufacturing process, including
from mine waste piles, acid mine drainage sludge, or byproducts
produced through legacy mining and metallurgy activities.
SEC. 215. CAREGIVER POLICIES.
(a) OSTP Guidance.--Not later than 6 months after the date of
enactment of this Act, the Director of the Office of Science and
Technology Policy, in consultation with relevant agencies, shall
provide guidance to each Federal science agency to establish policies
that--
(1) apply to all--
(A) research awards granted by such agency; and
(B) principal investigators of such research who
have caregiving responsibilities, including care for a
newborn or newly adopted child and care for an
immediate family member with a serious health
condition; and
(2) offer, 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; and
(C) grant supplements, as appropriate, to research
awards to sustain research activities conducted under
such awards.
(b) Uniformity of Guidance.--In providing guidance under subsection
(a), the Director of the Office of Science and Technology Policy shall
encourage, to the extent practicable, uniformity and consistency in the
policies established pursuant to such guidance across all Federal
science agencies.
(c) Establishment of Policies.--To the extent practicable and
consistent with guidance issued under subsection (a), Federal science
agencies shall--
(1) maintain or develop and implement policies for
individuals described in paragraph (1)(B) of such subsection;
and
(2) broadly disseminate such policies to current and
potential awardees.
(d) Data on Usage.--Federal science agencies shall consider--
(1) collecting data 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
of the Office of Science and Technology Policy in such form as
required by the Director of the Office of Science and
Technology Policy.
(e) Savings.--
(1) Privacy.--This section shall be carried out in
accordance with all relevant privacy laws.
(2) Institutions.--This section shall not affect the
grantee institution's institutional policies.
(f) Definition of Federal Science Agency.--In this section, the
term ``Federal science agency'' means any Federal agency with an annual
extramural research expenditure of over $100,000,000.
SEC. 216. PRESIDENTIAL AWARDS.
(a) In General.--The President is authorized to make Presidential
Awards for Excellence in Technology and Science Research to researchers
in underrepresented populations, including women and underrepresented
minorities, who have demonstrated outstanding achievements in
technology or science research.
(b) Number and Distribution of Award Recipients.--If the President
elects to make Presidential Awards for Excellence in Technology and
Science Research under subsection (a), the President shall make no
fewer than 104 Awards. In selecting researchers for the Awards, the
President shall select at least 2 researchers--
(1) from each of the States;
(2) from the District of Columbia; and
(3) from the Commonwealth of Puerto Rico.
(c) Selection Procedures.--The President shall carry out this
section, including the establishment of the selection procedures, after
consultation with the Director of the Office of Science and Technology
Policy and other appropriate officials of Federal agencies.
SEC. 217. BIOECONOMY RESEARCH AND DEVELOPMENT ACT OF 2021.
(a) Short Title.--This section may be cited as the ``Bioeconomy
Research and Development Act of 2021''.
(b) Findings.--The Congress makes the following findings:
(1) Cellular and molecular processes may be used, mimicked,
or redesigned to develop new products, processes, and systems
that improve societal well-being, strengthen national security,
and contribute to the economy.
(2) Engineering biology relies on a workforce with a
diverse and unique set of skills combining the biological,
physical, chemical, and information sciences and engineering.
(3) Long-term research and development is necessary to
create breakthroughs in engineering biology. Such research and
development requires government investment, as many of the
benefits are too distant or uncertain for industry to support
alone.
(4) Research is necessary to inform evidence-based
governance of engineering biology and to support the growth of
the engineering biology industry.
(5) The Federal Government has an obligation to ensure that
ethical, legal, environmental, safety, security, and societal
implications of its science and technology research and
investment follows policies of responsible innovation and
fosters public transparency.
(6) The Federal Government can play an important role by
facilitating the development of tools and technologies to
further advance engineering biology, including user facilities,
by facilitating public-private partnerships, by supporting risk
research, and by facilitating the commercial application in the
United States of research funded by the Federal Government.
(7) The United States led the development of the science
and engineering techniques that created the field of
engineering biology, but due to increasing international
competition, the United States is at risk of losing its
competitive advantage if it does not strategically invest the
necessary resources.
(8) A National Engineering Biology Initiative can serve to
establish new research directions and technology goals, improve
interagency coordination and planning processes, drive
technology transfer to the private sector, and help ensure
optimal returns on the Federal investment.
(c) Definitions.--In this section:
(1) Biomanufacturing.--The term ``biomanufacturing'' means
the utilization of biological systems to develop new and
advance existing products, tools, and processes at commercial
scale.
(2) 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.
(3) Initiative.--The term ``Initiative'' means the National
Engineering Biology Research and Development Initiative
established under subsection (d).
(4) 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 of an organism.
(d) National Engineering Biology Research and Development
Initiative.--
(1) 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--
(A) advancing areas of research at the intersection
of the biological, physical, chemical, data, and
computational sciences and engineering to accelerate
scientific understanding and technological innovation
in engineering biology;
(B) advancing areas of biomanufacturing research to
optimize, standardize, scale, and deliver new products
and solutions;
(C) 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;
(D) improving the understanding of engineering
biology of the scientific and lay public and supporting
greater evidence-based public discourse about its
benefits and risks;
(E) supporting research relating to the risks and
benefits of engineering biology, including under
paragraph (4);
(F) supporting the development of novel tools and
technologies to accelerate scientific understanding and
technological innovation in engineering biology;
(G) expanding the number of researchers, educators,
and students and a retooled workforce with engineering
biology training, including from traditionally
underrepresented and underserved populations;
(H) accelerating the translation and
commercialization of engineering biology research and
development by the private sector; and
(I) improving the interagency planning and
coordination of Federal Government activities related
to engineering biology.
(2) Initiative activities.--The activities of the
Initiative shall include--
(A) sustained support for engineering biology
research and development through--
(i) grants to fund the work of individual
investigators and teams of investigators,
including interdisciplinary teams;
(ii) projects funded under joint
solicitations by a collaboration of no fewer
than two agencies participating in the
Initiative; and
(iii) 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;
(B) sustained support for databases and related
tools, including--
(i) support for curated genomics,
epigenomics, and other relevant omics
databases, including plant 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;
(ii) development of standards for such
databases, including for curation,
interoperability, and protection of privacy and
security;
(iii) support for the development of
computational tools, including artificial
intelligence tools, that can accelerate
research and innovation using such databases;
and
(iv) 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;
(C) 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--
(i) research conducted at Federal
laboratories;
(ii) grants to fund the work of
investigators at institutions of higher
education and other nonprofit research
institutions;
(iii) incentivized development of retooled
industrial sites across the country that foster
a pivot to modernized engineering biology
initiatives; and
(iv) 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);
(D) 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;
(E) activities to develop robust mechanisms for
documenting and quantifying the outputs and economic
benefits of engineering biology; and
(F) activities to accelerate the translation and
commercialization of new products, processes, and
technologies by--
(i) identifying precompetitive research
opportunities;
(ii) facilitating public-private
partnerships in engineering biology research
and development;
(iii) connecting researchers, graduate
students, and postdoctoral fellows with
entrepreneurship education and training
opportunities; and
(iv) 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.
(3) Expanding participation.--The Initiative shall include,
to the maximum extent practicable, outreach to primarily
undergraduate and minority-serving institutions (and
institutions of higher education with an established STEM
capacity building program focused on traditionally
underrepresented populations in STEM, including Native
Hawaiians, Alaska Natives, and other Indians) about Initiative
opportunities, and shall encourage the development of research
collaborations between research-intensive universities and
primarily undergraduate and minority-serving institutions (and
institutions of higher education with an established STEM
capacity building program focused on traditionally
underrepresented populations in STEM, including Native
Hawaiians, Alaska Natives, and other Indians).
(4) 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--
(A) 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 paragraph (2)(A)(iii);
(B) 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;
(C) 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;
(D) 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;
and
(E) complying with all applicable provisions of
Federal law.
(e) Initiative Coordination.--
(1) 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, and include
representatives from the Foundation, the Department of Energy,
the Department of Defense, the National Aeronautics and Space
Administration, the National Oceanic and Atmospheric
Administration, the National Institute of Standards and
Technology, the Environmental Protection Agency, the Department
of Agriculture, the Department of Health and Human Services,
the Bureau of Economic Analysis, and any other agency that the
President considers appropriate (in this section referred to as
the Interagency Committee). 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--
(A) provide for interagency coordination of Federal
engineering biology research, development, and other
activities undertaken pursuant to the Initiative;
(B) establish and periodically update goals and
priorities for the Initiative;
(C) develop, not later than 12 months after the
date of the enactment of this Act, and update every 3
years thereafter, a strategic plan submitted to the
Committee on Science, Space, and Technology 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 that--
(i) guides the activities of the Initiative
for purposes of meeting the goals and
priorities established under (and updated
pursuant to) subparagraph (B); and
(ii) 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--
(aa) an applied biorisk
management research plan;
(bb) recommendations for
integrating security into
biological data access and
international reciprocity
agreements;
(cc) recommendations for
manufacturing restructuring to
support engineering biology
research, development, and
scaling-up initiatives; and
(dd) 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;
(D) 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 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;
(E) 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
subsection (d)(2)(C); and
(F) in carrying out this subsection, take into
consideration the recommendations of the advisory
committee established under subsection (f), the results
of the workshop convened under subsection (d)(4)(D),
existing reports on related topics, and the views of
academic, State, industry, and other appropriate
groups.
(2) Triennial report.--Beginning with fiscal year 2022 and
ending in fiscal year 2028, not later than 90 days after
submission of the President's annual budget request and every
third fiscal year thereafter, the Interagency Committee shall
prepare and submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
that includes--
(A) a summarized agency budget in support of the
Initiative for the fiscal year to which such budget
request applies, for the following 2 fiscal years, for
the then 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; and
(B) an assessment of how Federal agencies are
implementing the plan described in paragraph (1)(C),
including--
(i) 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;
(ii) a description of the amount and number
of projects funded under joint solicitations by
a collaboration of no fewer than 2 agencies
participating in the Initiative; and
(iii) a description of the effect of the
newly funded projects by the Initiative.
(3) Initiative office.--
(A) In general.--The President shall establish an
Initiative Coordination Office, with a Director and
full-time staff, which shall--
(i) provide technical and administrative
support to the interagency committee and the
advisory committee established under subsection
(f);
(ii) 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;
(iii) 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;
(iv) conduct public outreach, including
dissemination of findings and recommendations
of the advisory committee established under
subsection (f), as appropriate;
(v) serve as the coordinator of ethical,
legal, environmental, safety, security, and
other appropriate societal input; and
(vi) 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.
(B) 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.
(C) Termination.--The Initiative Coordination
Office established under this paragraph shall terminate
on the date that is 10 years after the date of the
enactment of this Act.
(4) Rule of construction.--Nothing in this subsection shall
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.
(f) Advisory Committee.--
(1) In general.--The agency co-chair of the interagency
committee established in subsection (e) 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 subsection 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.
(2) Assessment.--The advisory committee shall assess--
(A) 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;
(B) current market barriers to commercialization of
engineering biology products, processes, and tools in
the United States;
(C) progress made in implementing the Initiative;
(D) the need to revise the Initiative;
(E) the balance of activities and funding across
the Initiative;
(F) whether the strategic plan developed or updated
by the interagency committee established under
subsection (e) is helping to maintain United States
leadership in engineering biology;
(G) the management, coordination, implementation,
and activities of the Initiative; and
(H) whether ethical, legal, environmental, safety,
security, and other appropriate societal issues are
adequately addressed by the Initiative.
(3) Reports.--Beginning not later than 2 years after the
date of enactment of this Act, and not less frequently than
once every 3 years thereafter, the advisory committee shall
submit to the President, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate, a
report on--
(A) the findings of the advisory committee's
assessment under paragraph (2); and
(B) the advisory committee's recommendations for
ways to improve the Initiative.
(4) 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.
(5) Termination.--The advisory committee established under
paragraph (1) shall terminate on the date that is 10 years
after the date of the enactment of this Act.
(g) External Review of Ethical, Legal, Environmental, Safety,
Security, and Societal Issues.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Director 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--
(A) an assessment of the current research on such
issues;
(B) a description of the research gaps relating to
such issues;
(C) recommendations on how the Initiative can
address the research needs identified pursuant to
subparagraph (B); and
(D) recommendations on how researchers engaged in
engineering biology can best incorporate considerations
of ethical, legal, environmental, safety, security, and
other societal issues into the development of research
proposals and the conduct of research.
(2) Report to congress.--The agreement entered into under
paragraph (1) shall require the National Academies of Sciences,
Engineering, and Medicine to, not later than 2 years after the
date of the enactment of this Act--
(A) submit to the Committee on Science, Space, and
Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report containing the findings and
recommendations of the review conducted under paragraph
(1); and
(B) make a copy of such report available on a
publicly accessible website.
(h) Agency Activities.--
(1) National science foundation.--As part of the
Initiative, the Foundation shall--
(A) support basic research in engineering biology
through individual grants, collaborative grants, and
through interdisciplinary research centers;
(B) support research on the environmental, legal,
ethical, and social implications of engineering
biology;
(C) provide support for research instrumentation
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;
(D) support curriculum development and research
experiences for secondary, undergraduate, and graduate
students in engineering biology and biomanufacturing;
and
(E) 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.
(2) Department of commerce.--
(A) National institute of standards and
technology.--As part of the Initiative, the Director of
the National Institute of Standards and Technology
shall--
(i) establish a bioscience research program
to advance the development of standard
reference materials and measurements and to
create new data tools, techniques, and
processes necessary to advance engineering
biology and biomanufacturing;
(ii) 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; and
(iii) provide technical expertise to inform
the potential development of guidelines or
safeguards for new products, processes, and
systems of engineering biology.
(B) National oceanic and atmospheric
administration.--As part of the initiative, the
Administrator of the National Oceanic and Atmospheric
Administration shall--
(i) establish a program to conduct and
support omics research and associated
bioinformatic sciences to increase efficiency
and promote a sustainable bioeconomy (blue
economy) to develop the next generation of
tools and products to improve ecosystem
stewardship, monitoring, management,
assessments, and forecasts; and
(ii) collaborate with other agencies to
understand potential environmental threats and
safeguards relating to engineering biology.
(3) Department of energy.--As part of the Initiative, the
Secretary of Energy shall--
(A) conduct and support research, development,
demonstration, and commercial application activities in
engineering biology, including in the areas of
synthetic biology, advanced biofuel development,
biobased materials, and environmental remediation;
(B) support the development, optimization and
validation of novel, scalable tools and technologies to
enable the dynamic study of molecular processes in
situ; and
(C) 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) Department of defense.--As part of the Initiative, the
Secretary of Defense shall--
(A) conduct and support research and development in
engineering biology and associated data and information
sciences;
(B) support curriculum development and research
experiences in engineering biology and associated data
and information sciences across the military education
system, to include service academies, professional
military education, and military graduate education;
and
(C) assess risks of potential national security and
economic security threats relating to engineering
biology.
(5) National aeronautics and space administration.--As part
of the Initiative, the National Aeronautics and Space
Administration shall--
(A) conduct and support basic and applied 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;
and
(B) 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.
(6) Department of agriculture.--As part of the Initiative,
the Secretary of Agriculture shall--
(A) support research and development in engineering
biology, including in synthetic biology and
biomaterials;
(B) award grants through the National Institute of
Food and Agriculture; and
(C) support development conducted by the
Agricultural Research Service.
(7) 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.
(8) 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--
(A) support research and development to advance the
understanding and application of engineering biology
for human health;
(B) support relevant interdisciplinary research and
coordination; and
(C) support activities necessary to facilitate
oversight of relevant emerging biotechnologies.
(i) Rule of Construction.--Nothing in this section shall be
construed to require public disclosure of information that is exempt
from mandatory disclosure under section 552 of title 5, United States
Code.
SEC. 218. 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 greatest extent appropriate, the Foundation
shall facilitate access to the microgravity environment for awardees of
funding from the Foundation, including in private sector platforms, for
the development of science, engineering, and technology.
(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.
TITLE III--RESEARCH SECURITY
SEC. 301. NATIONAL SCIENCE FOUNDATION RESEARCH SECURITY.
(a) Research Security and Policy Office.--The Director shall
establish and maintain a research security and policy office within the
Office of the Director. The functions of the research security and
policy office shall be to coordinate all research security policy
issues across the Foundation, including by--
(1) serving as a resource at the Foundation for all policy
issues related to the security and integrity of the conduct of
research supported by the Foundation;
(2) conducting outreach and education activities for
awardees on research policies and potential security risks;
(3) educating Foundation program managers and other staff
on evaluating Foundation awards and awardees for potential
security risks;
(4) communicating reporting and disclosure requirements to
awardees and applicants for funding;
(5) consulting and coordinating with the Foundation Office
of Inspector General and with other Federal science agencies,
as appropriate, and through the National Science and Technology
Council 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;
(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 that could indicate
breaches of research integrity or potentially fraudulent
activity that would be referred to the Foundation Office of
Inspector General;
(7) establishing policies and procedures for safeguarding
sensitive research information and technology, 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 due diligence with regard to applicants for grant
funding from the Foundation prior to awarding such funding.
(b) 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 is to manage the office
established in subsection (a).
(c) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Director shall provide a report on the
resources and the number of full-time employees needed to carry out the
functions of the office established in subsection (a) to the Committee
on Commerce, Science, and Transportation of the Senate, the Committee
on Appropriations of the Senate, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee on
Appropriations of the House of Representatives.
(d) Online Resource.--The Director shall develop an online resource
hosted on the Foundation's publicly accessible website containing up-
to-date information, tailored for institutions of higher education 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.
(e) Research Grants.--The Director shall continue to award grants,
on a competitive basis, to institutions of higher education or
nonprofit 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,
breaches of research integrity, and detrimental research practices.
(f) 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--
(1) by striking ``and postdoctoral researchers'' and
inserting ``postdoctoral researchers, faculty, and other senior
personnel''; and
(2) by inserting before the period at the end the
following: ``, including training and mentorship to raise
awareness of potential security threats and of Federal export
control, disclosure, and reporting requirements''.
(g) Funding.--From any amounts appropriated for the Foundation for
each of fiscal years 2022 through 2026, the Director shall allocate
$5,000,000 to carry out this section for each such year.
SEC. 302. RESEARCH SECURITY AND INTEGRITY INFORMATION SHARING ANALYSIS
ORGANIZATION.
(a) Establishment.--The Director of the Office of Science and
Technology Policy 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
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 RS-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 spent to ensure that membership is
accessible to a diverse community of stakeholders and ensure
broad participation. The RS-ISAO shall develop a plan to
sustain the RS-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) Definition of 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)).
SEC. 303. FOREIGN GOVERNMENT TALENT RECRUITMENT PROGRAM PROHIBITION.
(a) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Director of the Office of Science and Technology
Policy shall, in coordination with the interagency working group
established under section 1746 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 42 U.S.C. 6601 note),
publish and widely distribute a uniform set of policy guidelines for
Federal science agencies regarding foreign government talent
recruitment programs. These policy guidelines shall--
(1) prohibit all personnel of each Federal science 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 Engineer and Educator appointments, and special
government employees, from participating in a foreign
government talent recruitment program;
(2) prohibit awards from being made for any proposal in
which the principal investigator, any individual listed on the
application for the award with direct involvement in the
proposal, or co-principal investigator is participating in a
foreign government talent recruitment program of the People's
Republic of China, the Democratic People's Republic of Korea,
the Russian Federation, or the Islamic Republic of Iran; and
(3) to the extent practicable, require institutions
receiving funding to prohibit awards from being used by any
individuals participating in a foreign government talent
recruitment program of the People's Republic of China, the
Democratic People's Republic of Korea, the Russian Federation,
or the Islamic Republic of Iran.
(b) Prohibition.--Not later than 1 year after the date of enactment
of this Act, each Federal science agency shall issue a policy,
utilizing the policy guidelines developed under subsection (a).
(c) Exemption.--The policy developed under subsection (b) may
include an exemption for participation in international conferences or
other international exchanges, partnerships, or programs, as sanctioned
or approved by the Federal science agency. When such participation is
authorized, the Federal science agency shall ensure training is
provided to the participant on how to respond to overtures from
individuals associated with foreign government talent recruitment
programs.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, each Federal science agency shall report to Congress on the
steps it has taken to implement this section.
(e) Foreign Government Talent Recruitment Programs.--In addition to
existing authorities for preventing waste, fraud, abuse, and
mismanagement of Federal funds, each Federal science agency shall
require, as a condition of an award, that the senior personnel
designated by the United States institution applying for Federal
funding submit foreign government talent recruitment program contracts
to the agency if the principal investigator or a co-principal
investigator discloses membership in a foreign government talent
recruitment program other than a program of the People's Republic of
China, the Democratic People's Republic of Korea, the Russian
Federation, or the Islamic Republic of Iran. The United States
institution, as the award applicant, shall ensure, to the maximum
extent practicable, that the contract conforms with the Federal science
agency's guidance on conflicts of interest, including those contained
in relevant contract proposal and award policies and procedures. Each
Federal science agency shall review the contract and may prohibit
funding to the awardee if the obligations in the contract interfere
with the capacity for activities receiving support to be carried out,
or create duplication with Federally supported activities.
(f) Consistency.--The Director of the Office of Science and
Technology Policy shall ensure that the policies issued by Federal
science agencies under subsection (b) are consistent to the greatest
extent practicable.
(g) Definition.--For purposes of this section and section 304, the
term ``foreign government talent recruitment program'' has the meaning
given the term ``foreign government-sponsored talent recruitment
program'' in 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.
SEC. 304. ADDITIONAL REQUIREMENTS FOR DIRECTORATE RESEARCH SECURITY.
(a) Initiative Required.--The Director shall, in consultation with
other appropriate Federal agencies, establish an initiative to work
with institutions of higher education that perform research and
technology development activities under the Directorate--
(1) to support protection of intellectual property,
consistent with the controls relevant to the grant or award,
key personnel, and information about critical technologies
relevant to national security;
(2) to limit undue influence, including through foreign
government talent recruitment programs, by countries to exploit
United States technology within the Foundation research,
science and technology, and innovation enterprise, including
research funded by the Directorate; and
(3) to support efforts toward development of domestic
talent in relevant scientific and engineering fields.
(b) Coordination.--The initiative established under subsection (a)
shall be developed and executed to the maximum extent practicable with
academic research institutions and other educational and research
organizations.
(c) Requirements.--The initiative established under subsection (a)
shall include development of the following:
(1) Training developed and delivered in consultation with
institutions of higher education and appropriate Federal
agencies, and other support to institutions of higher
education, to promote security of controlled information, as
appropriate, including best practices for protection of
controlled information.
(2) The capacity of institutions of higher education to
assess whether individuals affiliated with Directorate programs
have participated in or are currently participating in foreign
government talent recruitment program programs.
(3) Opportunities to collaborate with Directorate awardees
to promote protection of controlled information as appropriate
and strengthen defense against foreign intelligence services.
(4) As appropriate, regulations and procedures--
(A) for government and academic organizations and
personnel to support the goals of the initiative; and
(B) that are consistent with policies that protect
open and scientific exchange in fundamental research.
(5) Policies to limit or prohibit funding provided by the
Foundation for individual researchers who knowingly violate
regulations developed under the initiative, including policies
relating to foreign government talent recruitment programs.
(6) Policies to limit or prohibit funding provided by the
Foundation for institutions that knowingly violate regulations
developed under the initiative, including policies relating to
foreign government talent recruitment programs.
(d) Department of Defense Efforts.--In carrying out this section,
the Foundation shall consider the efforts undertaken by the Department
of Defense to secure defense research, including as provided under
section 1286 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (10 U.S.C. 2358 note).
(e) Annual Report.--
(1) In general.--Not later than 1 year after date of
enactment of this Act, and annually thereafter, the Director,
shall submit to Congress a report on the activities carried out
under the initiative established under subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the activities conducted and
the progress made under the initiative.
(B) The findings of the Director with respect to
the initiative.
(C) Such recommendations as the Director may have
for legislative or administrative action relating to
the matters described in subsection (a).
(D) Identification and discussion of the gaps in
legal authorities that need to be improved to enhance
the security of research institutions of higher
education performing Directorate research.
(E) Information on Foundation Inspector General
cases, as appropriate, relating to undue influence to
security threats to academic research activities funded
by the Foundation, including theft of property or
intellectual property relating to a project funded by
the Department at an institution of higher education.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in both unclassified and classified formats, as
appropriate.
SEC. 305. PROTECTING RESEARCH FROM CYBER THEFT.
(a) Improving Cybersecurity of Institutions of Higher Education.--
Section 2(e)(1)(A) of the National Institute of Standards and
Technology Act (15 U.S.C. 272(e)(1)(A)) 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 defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001));
and''.
(b) Dissemination of Resources for Research Institutions.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director shall, using the
authorities of the Director under subsection (e)(1)(A)(ix) of
section 2 of the National Institute of Standards and Technology
Act (15 U.S.C. 272), as amended by subsection (a), disseminate
and make publicly available resources to help research
institutions and institutions of higher education identify,
protect the institution involved from, detect, respond to, and
recover to manage the cybersecurity risk of the institution
involved 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 research institutions and institutions of
higher education;
(B) vary with the nature and size of the
implementing research institutions or institutions of
higher education, and the nature and sensitivity of the
data collected or stored on the information systems or
devices of the implementing research institutions or
institutions of higher education;
(C) include elements that promote awareness of
simple, basic controls, a workplace cybersecurity
culture, and third-party stakeholder relationships, to
assist research institutions or institutions of higher
education in mitigating common cybersecurity risks;
(D) include case studies of practical application;
(E) are technology-neutral and can be implemented
using technologies that are commercial and off-the-
shelf; and
(F) to the extent practicable, are based on
international 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.
(6) 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) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(2) Resources.--The term ``resources'' means guidelines,
tools, best practices, standards, methodologies, and other ways
of providing information.
(3) Research institution.--The term ``research
institution''--
(A) means a nonprofit institution (as defined in
section 4(3) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3703(3))); and
(B) includes Federally funded research and
development centers, as identified by the National
Science Foundation in accordance with the Federal
Acquisition Regulation issued in accordance with
section 1303(a)(1) of title 41 (or any successor
regulation).
SEC. 306. INTERNATIONAL STANDARDS DEVELOPMENT.
(a) Findings.--Congress finds the following:
(1) Widespread use of standards facilitates technology
advancement by defining and establishing common foundations for
interoperability, product differentiation, technological
innovation, and other value-added services.
(2) Standards also promote an expanded, more interoperable,
and efficient marketplace.
(3) Global cooperation and coordination on standards for
emerging technologies will be critical for having a consistent
set of approaches to enable market competition, preclude
barriers to trade, and allow innovation to flourish.
(4) The People's Republic of China's Standardization Reform
Plan and Five-Year Plan for Standardization highlight its high-
level goals to establish China as a standards power by 2020,
participate in at least half of all standards drafting and
revision efforts in recognized international standards setting
organizations, and strengthen China's participation in the
governance of international standards setting organizations.
(5) As emerging technologies develop for global deployment,
it is critical that the United States and its allies continue
to participate in the development of standards that underpin
the technologies themselves, and the future international
governance of these technologies.
(6) The United States position on standardization in
emerging technologies will be critical to United States
economic competitiveness.
(7) The National Institute of Standards and Technology is
in a unique position to strengthen United States leadership in
standards development, particularly for emerging technologies,
to ensure continuing United States economic competitiveness and
national security.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the principles of openness, transparency, due process,
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.
(c) Activities and Engagement.--The Secretary of Commerce, acting
through the Director, shall--
(1) build capacity and training opportunities to help
create a pipeline of talent and leadership in key standards
development positions;
(2) partner with private sector entities to support
strategic engagement and leadership in the development of
international standards for digital economy technologies,
including partnering with industry to assist private sector
partners to develop standards strategies and support engagement
and participation in the relevant standards activities; and
(3) prioritize efforts on standards development for
emerging technologies, identify an organization to develop
these standards, identify leadership positions of interest to
the United States, and identify key contributors for technical
and leadership expertise in these areas.
SEC. 307. RESEARCH FUNDS ACCOUNTING.
(a) Definitions.--In this section:
(1) 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 defined in section
2533c(d) 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.
(2) Study period.--The term ``study period'' means the 5-
year period ending on the date of 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 whom 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
determines appropriate.
(d) Briefing on Available Data.--Not later than 120 days after the
date of the enactment of this Act, the Comptroller General shall brief
the Committee on Commerce, Science, and Transportation and the
Committee on Foreign Relations of the Senate and the Committee on
Science, Space, and Technology and the Committee on Foreign Affairs of
the House of Representatives on the study conducted under subsection
(b) and on the data that is available with respect to Federal funding
made available to foreign entities of concern for research.
(e) Report.--The Comptroller General 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, a report on the findings of the study conducted under
subsection (b).
SEC. 308. PLAN WITH RESPECT TO SENSITIVE OR CONTROLLED INFORMATION AND
BACKGROUND SCREENING.
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 that may include sensitive or
controlled information, including in the key technology focus
areas; and
(2) provide for background screening, as appropriate, for
individuals working in such research areas who are employees of
the Foundation or recipients of funding from the Foundation.
TITLE IV--REGIONAL INNOVATION CAPACITY
SEC. 401. REGIONAL TECHNOLOGY HUBS.
(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 29; and
(2) by inserting after section 27 the following:
``SEC. 28. REGIONAL TECHNOLOGY 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, the Committee on Transportation and
Infrastructure, and the Committee on Appropriations of
the House of Representatives.
``(2) Cooperative extension.--The term `cooperative
extension' has the meaning given the term `extension' in
section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C.
3103).
``(3) Key technology focus areas.--The term `key technology
focus areas' means the areas included on the most recent list
under section 5 of the Endless Frontier Act.
``(4) Labor organization.--The term `labor organization'
has the meaning given such term in section 101 of the Endless
Frontier Act.
``(5) Low population state.--The term `low population
State' means a State without an urbanized area with a
population greater than 200,000 as reported in the 2010
decennial census.
``(6) 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)).
``(7) Manufacturing usa institute.--The term `Manufacturing
USA institute' means an Manufacturing USA institute described
in section 34(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)).
``(8) 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.
``(9) 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 200,000.
``(10) 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)).
``(b) Regional Technology Hub Program.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall carry out a program--
``(A) to encourage new and constructive
collaboration among local, State, and Federal
government entities, academia, the private sector,
economic development organizations, and labor
organizations;
``(B) to support eligible consortia in the creation
of regional innovation strategies;
``(C) to designate eligible consortia as regional
technology hubs and facilitate activities by consortia
designated as regional technology hubs in implementing
their regional innovation strategies, in order--
``(i) to enable United States leadership in
technology and innovation sectors critical to
national and economic security;
``(ii) to support regional economic
development, including in small cities and
rural areas, and diffuse innovation around the
United States; and
``(iii) to support domestic job creation
and broad-based economic growth; and
``(D) to ensure that the regional technology hubs
address the intersection of emerging technologies and
either local and 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 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--
``(A) institutions of higher education;
``(B) local or Tribal governments or other
political subdivisions of a State;
``(C) State governments represented by an agency
designated by the governor of the State or States that
is representative of the geographic area served by the
consortia;
``(D) economic development organizations or similar
entities that are focused primarily on improving
science, technology, innovation, or entrepreneurship;
``(E) industry or firms in relevant technology or
innovation sectors;
``(F) labor organizations or workforce training
organizations, including State and local workforce
development boards as established under section 101 and
107 of the Workforce Investment and Opportunity Act (29
U.S.C. 3111; 3122); and
``(2) may include 1 or more--
``(A) nonprofit 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) venture development organizations;
``(C) financial institutions and investment funds;
``(D) primary and secondary educational
institutions, including career and technical education
schools;
``(E) National Laboratories (as defined in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));
``(F) Federal laboratories;
``(G) Manufacturing extension centers;
``(H) Manufacturing USA institutes;
``(I) institutions receiving an award under section
104 of the Endless Frontier Act; and
``(J) a cooperative extension.
``(d) Designation of Regional Technology Hubs.--
``(1) In general.--In carrying out subsection (b)(1)(C),
the Secretary shall use a competitive process to designate
eligible consortia as regional technology hubs.
``(2) Geographic distribution.--In conducting the
competitive process under paragraph (1), the Secretary shall
ensure geographic distribution in the designation of regional
technology hubs by--
``(A) seeking to designate at least three
technology hubs in each region covered by a regional
office of the Economic Development Administration;
``(B) focusing on localities that are not leading
technology centers;
``(C) ensuring that not fewer than one-third of
eligible consortia designated as regional technology
hubs significantly benefit a small and rural community,
which may include a State described in subparagraph
(D);
``(D) ensuring that not fewer than one-third of
eligible consortia designated as regional technology
hubs include as a member of the eligible consortia at
least 1 member that is a State that is eligible to
receive funding from the Established Program to
Stimulate Competitive Research of the National Science
Foundation; and
``(E) ensuring that at least one eligible
consortium 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.
``(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 hub under paragraph (1) of
this subsection.
``(e) Strategy Development Grants and Cooperative Agreements.--
``(1) In general.--The Secretary shall use a competitive
process to award grants or cooperative agreements to eligible
consortia for the development of regional innovation
strategies.
``(2) Number of recipients.--The Secretary shall award a
grant or cooperative agreement under paragraph (1) to not fewer
than 20 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 that is
eligible to receive funding from the
Established Program to Stimulate Competitive
Research of the National Science Foundation.
``(4) Use of funds.--The amount of a grant or cooperative
agreement awarded under paragraph (1) shall be as follows:
``(A) To coordinate locally defined planning
processes, across jurisdictions and agencies, relating
to developing a comprehensive regional technology
strategy.
``(B) To identify regional partnerships for
developing and implementing a comprehensive regional
technology strategy.
``(C) To conduct or update assessments to determine
regional needs.
``(D) To develop or update goals and strategies to
implement an existing comprehensive regional plan.
``(E) To identify or implement local zoning and
other code changes necessary to implement a
comprehensive regional technology strategy.
``(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
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
process to award grants or cooperative agreements to regional
technology hubs for the implementation of regional innovation
strategies, including regional strategies for infrastructure
and site development, in support of the regional technology
hub's plans and programs.
``(2) Use of funds.--The amount of a grant or cooperative
agreement awarded under subparagraph (A) to a regional
technology hub may be used by the regional technology hub to
support any of the following activities, consistent with the
most current regional innovation strategy of the regional
technology hub:
``(A) Workforce development activities.--Workforce
development activities, including activities relating
to the following:
``(i) The creation of partnerships between
industry, workforce, and academic groups, which
may include community colleges, to create and
align technical training and educational
programs.
``(ii) The design, development, and
updating of educational and training
curriculum.
``(iii) The procurement of facilities and
equipment, as required to train a technical
workforce.
``(iv) The development and execution of
programs to rapidly award certificates or
credentials recognized by regional industry
groups.
``(v) The matching of regional employers
with a potential new entrant, underemployed, or
incumbent workforce.
``(vi) The expansion of successful training
programs at a scale required by the region
served by the regional technology hub,
including through the use of online education.
``(B) Business and entrepreneur development
activities.--Business and entrepreneur development
activities, including activities relating to the
following:
``(i) The development and growth of
regional businesses and the training of
entrepreneurs.
``(ii) The support of technology
commercialization, including funding for
activities relevant to the protection of
intellectual property.
``(iii) The development of networks for
business and entrepreneur mentorship.
``(C) Technology 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 hub or to
national and economic security, including proof
of concept, prototype development, and testing.
``(ii) The provision of facilities for
technology maturation, including incubators for
collaborative development of technologies by
private sector, academic, and other entities.
``(iii) Activities to ensure access to
capital for new business formation and business
expansion, including by attracting new private,
public, and philanthropic investment and by
establishing regional venture and loan funds.
``(iv) Activities determined appropriate by
the Secretary under section 27(c)(2) of this
Act.
``(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 workforce training
center with required tools and instrumentation.
``(ii) Establishing a facility for
technology development, demonstration, and
testing.
``(iii) Establishing collaborative
incubators to support technology
commercialization and entrepreneur training.
``(3) Limitation on amount of awards.--The Secretary shall
ensure that no single regional technology hub receives more
than 10 percent of the aggregate amount of the grants and
cooperative agreements awarded under this subsection.
``(4) Term.--
``(A) In general.--The term of a grant or
cooperative agreement awarded under this subsection
shall be for such period as the Secretary considers
appropriate.
``(B) Renewal.--The Secretary may renew a grant or
cooperative agreement awarded to a regional technology
hub under this subsection as the Secretary considers
appropriate if the Secretary determines that the
performance of the regional technology hub is
satisfactory.
``(5) Matching required.--
``(A) In general.--Except in the case of a regional
technology hub described in subparagraph (B), the total
amount of all grants awarded to a regional technology
hub under this subsection in a given year shall not
exceed amounts as follows:
``(i) In the first year of the grant or
cooperative agreement, 90 percent of the total
operating costs of the regional technology hub
in that year.
``(ii) In the second year of the grant or
cooperative agreement, 85 percent of the total
operating costs of the regional technology hub
in that year.
``(iii) In the third year of the grant or
cooperative agreement, 80 percent of the total
operating costs of the regional technology hub
in that year.
``(iv) In the fourth year of the grant or
cooperative agreement and each year thereafter,
75 percent of the total operating costs of the
regional technology hub in that year.
``(B) Small and rural communities and indian
tribes.--
``(i) In general.--The total Federal
financial assistance awarded in a given year to
a regional technology hub under this subsection
shall not exceed amounts as follows:
``(I) In the case of a regional
technology hub that represents a small
and rural community, in a fiscal year,
90 percent of the total funding of the
regional technology hub in that fiscal
year.
``(II) In the case of an regional
technology hub that is led by a Tribal
government, in a fiscal year, 100
percent of the total funding of the
regional technology 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 hub.
``(C) 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 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 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 hub under subsection (d) or a grant or
cooperative agreement under subsection (e) or (f) shall submit to the
Secretary an application therefor at such time, in such manner, and
containing such information as the Secretary may specify.
``(h) Considerations for Designation and Award of Strategy
Development 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, at a
minimum, 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 or
other technology or innovation sector critical to national and
economic security.
``(2) The likelihood of positive regional economic effect,
including increasing the number of high wage domestic jobs, and
creating new economic opportunities for economically
disadvantaged and underrepresented populations.
``(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, university
technology centers established under section 104 of the Endless
Frontier Act, the program established under section 107 of the
such Act, test beds established and operated under section 108
of such Act, or other Federal research entities.
``(4) How the eligible consortium will engage with the
private sector, including small- and medium-sized businesses to
commercialize new technologies and improve the resiliency of
domestic supply chains in a key technology focus area or other
technology or innovation sector critical to national and
economic security.
``(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 and universities, and minority
serving institutions, labor organizations, and workforce
development programs, and other related activities authorized
by the Secretary, to support the development of a key
technology focus area or other technology or innovation sector
critical to national and economic security.
``(6) How the eligible consortium will improve science,
technology, engineering, and mathematics education programs 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 and
economic security.
``(7) How the eligible consortium plans to develop
partnerships with venture development organizations 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 and economic security.
``(8) How the eligible consortium plans to organize the
activities of regional partners across sectors in support of a
regional technology hub.
``(9) How the eligible consortium will ensure that growth
in technology and innovation sectors produces broadly shared
opportunity across the identified region, including for
economic disadvantaged and underrepresented populations and
rural areas.
``(10) The likelihood efforts served by the consortium will
be sustained once Federal support ends.
``(11) How the eligible consortium will--
``(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 work to ensure the activities under this
section do not duplicate activities or efforts under section
27, as the Secretary considers appropriate.
``(2) Coordination with programs of the national institute
of standards and technology.--The Secretary shall coordinate
the activities of regional technology 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.
``(3) Coordination with department of energy programs.--The
Secretary shall, in collaboration with the Secretary of Energy,
coordinate the activities and selection of regional technology
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.
``(4) Interagency collaboration.--In designating regional
technology hubs under subsection (d) and awarding grants or
cooperative agreements under subsection (f), the Secretary--
``(A) shall collaborate, to the extent possible,
with the interagency working group established under
section 4 of the Endless Frontier Act;
``(B) shall collaborate with Federal departments
and agencies whose missions contribute to the goals of
the regional technology hub;
``(C) shall consult with the Director of the
National Science Foundation for the purpose of ensuring
that the regional technology hubs are aligned with
relevant science, technology, and engineering
expertise; and
``(D) 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 hub, the Secretary shall--
``(A) develop metrics, which may include metrics
relating to domestic job creation, patent awards, and
business formation and expansion, 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 hub that are based on the
metrics developed under subparagraph (A); and
``(C) 4 years after the initial award under
subsection (f) and every 2 years thereafter until
Federal financial assistance under this section for the
regional technology hub is discontinued, conduct an
assessment of the regional technology hub to confirm
whether the performance of the regional technology 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 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 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 hub using the grant or cooperative
agreement described in subparagraph (A),
including the following:
``(I) A description of each project
the regional technology 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 hub with respect to--
``(aa) the resiliency of a
supply chain;
``(bb) research,
development, and deployment of
a critical technology;
``(cc) workforce training
and development;
``(dd) domestic job
creation; or
``(ee) entrepreneurship.
``(ii) A discussion of any obstacles
encountered by the regional technology hub in
the implementation of the regional technology
hub and how the regional technology hub
overcame those obstacles.
``(iii) An evaluation of the success of the
projects of the regional technology 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 hub.
``(iv) The effectiveness of the regional
technology hub in ensuring that, in the region
of the regional technology 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 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, for the period of fiscal years 2022
through 2026--
``(1) $7,540,000,000 to award grants and cooperative
agreements under subsection (f); and
``(2) $460,000,000 to award grants and cooperative
agreements under subsection (e).''.
(b) Initial Designations and Awards.--
(1) Competition required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Commerce shall commence a competition under subsection (d)(1)
of section 28 of the Stevenson-Wydler Technology Innovation Act
of 1980 (Public Law 96-480), as added by subsection (a).
(2) Designation and award.--Not later than 1 year after the
date of the enactment of this Act, if the Secretary has
received at least 1 application under subsection (g) of such
section from an eligible consortium whom the Secretary
considers suitable for designation under subsection (d)(1) of
such section, the Secretary shall--
(A) designate at least 1 regional technology hub
under subsection (d)(1) of such section; and
(B) award a grant or cooperative agreement under
subsection (f)(1) of such section to each regional
technology hub designated pursuant to subparagraph (A)
of this paragraph.
SEC. 402. MANUFACTURING USA PROGRAM.
(a) Definitions.--In this section:
(1) 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)).
(2) Manufacturing usa institute.--The term ``Manufacturing
USA institute'' means an institute described in section 34(d)
of the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)).
(3) Manufacturing usa network.--The term ``Manufacturing
USA Network'' means the network established under section 34(c)
of the National Institute of Standards and Technology Act (15
U.S.C. 278s(c)).
(4) Manufacturing usa program.--The term ``Manufacturing
USA Program'' means the program established under section
34(b)(1) of the National Institute of Standards and Technology
Act (15 U.S.C. 278s(b)(1)).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution described
in section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
(6) National program office.--The term ``National Program
Office'' means the National Program Office established under
section 34(h)(1) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(h)(1)).
(7) Tribal college or university.--The term ``Tribal
college or university'' has the meaning given the term in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).
(b) Authorization of Appropriations to Enhance and Expand
Manufacturing USA Program and Support Innovation and Growth in Domestic
Manufacturing.--There is authorized to be appropriated $1,200,000,000
for the period of fiscal years 2022 through 2026 for the Secretary of
Commerce, acting through the Director of the National Institute of
Standards and Technology and 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--
(1) to carry out the Manufacturing USA Program, including
by awarding financial assistance under section 34(e) of the
National Institute of Standards and Technology Act (15 U.S.C.
278s(e)) for Manufacturing USA institutes that were in effect
on the day before the date of the enactment of this Act; and
(2) to expand such program to support innovation and growth
in domestic manufacturing.
(c) Diversity Preferences.--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 prioritize
Manufacturing USA institutes that--
``(A) contribute to the geographical diversity of
the Manufacturing USA Program;
``(B) are located in an area with a low per capita
income; and
``(C) are located in an area with a high proportion
of socially disadvantaged residents.''.
(d) Coordination Between Manufacturing USA Program and Hollings
Manufacturing Extension Partnership.--The Secretary shall facilitate
the coordination of the activities of the Manufacturing USA Program and
the activities of Hollings Manufacturing Extension Partnership with
each other to the degree that doing so does not diminish the
effectiveness of the ongoing activities of a Manufacturing USA
institute or a Center (as the term is defined in section 25(a) of the
National Institute of Standards and Technology Act (15 U.S.C. 278k(a)),
including Manufacturing USA institutes entering into agreements with a
Center (as so defined) that the Secretary considers appropriate to
provide services relating to the mission of the Hollings Manufacturing
Extension Partnership, including outreach, technical assistance,
workforce development, and technology transfer and adoption assistance
to small- and medium-sized manufacturers.
(e) Advice From the National Manufacturing Advisory Council.--The
Secretary shall seek advice from the National Manufacturing Advisory
Council on matters concerning investment in and support of the
manufacturing workforce within the Manufacturing USA Program, including
those matters covered under section 404(d)(7).
(f) Participation of Minority-serving Institutions, Historically
Black Colleges and Universities, and Tribal Colleges and
Universities.--
(1) 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
are led by a covered entity.
(2) Covered entities.--For purposes of this subsection, a
covered entity is--
(A) a minority-serving institution;
(B) an historically Black college or university;
(C) a Tribal college or university; or
(D) a minority business enterprise (as defined in
section 1400.2 of title 15, Code of Federal
Regulations, or successor regulation).
(g) Department of Commerce Policies to Promote Domestic Production
of Technologies Developed Under Manufacturing USA Program.--
(1) Policies.--
(A) In general.--Each agency head (as 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 developed 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 to carry out such
measures.
(iv) A process to review and approve or
deny membership in a Manufacturing USA
institute by foreign-owned companies,
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 deemed important to the success of the
Manufacturing USA Program.
(2) Prohibition.--
(A) 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. 2509
note).
(B) In general.--A company of the People's Republic
of China may not participate in the Manufacturing USA
Program or the Manufacturing USA Network without a
waiver, as described in paragraph (1)(C).
(h) Coordination of Manufacturing USA Institutes.--
(1) In general.--Section 34(h) of the National Institute of
Standards and Technology Act (15 U.S.C. 278s(h)) 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 given time to foster collaboration between
Manufacturing USA institutes.
``(B) Meetings.--The council established or
designated under subparagraph (A) shall meet not less
frequently than twice each year.
``(C) Duties of the council.--The council
established under subparagraph (A) shall assist the
National Program Office in carrying out the functions
of the National Program Office under paragraph (2).''.
(2) Report required.--Not later than 180 days after the
date on which the council is established under section
34(h)(7)(A) of the National Institute of Standards and
Technology Act, as added by paragraph (1), the council shall
submit to the National Program Office a report containing
recommendations for improving inter-network collaboration.
(3) Submittal to congress.--Not later than 30 days after
the date on which the report required by paragraph (2) is
submitted to the National Program Office, the Director of the
National Institute of Standards and Technology shall submit
such report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives.
(i) Requirement for National Program Office to Develop Strategies
for Retaining Domestic Public Benefit After Cease of Federal Funding.--
Section 34(h)(2)(C) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(h)(2)(C)) is amended by inserting ``,
including a strategy for retaining domestic public benefits from
Manufacturing USA institutes once Federal funding has been
discontinued'' after ``Program''.
(j) Modification of Functions of National Program Office to Include
Development of Industry Credentials.--Section 34(h)(2)(J) of the
National Institute of Standards and Technology Act (15 U.S.C.
278s(h)(2)(J)) is amended by inserting ``, including the development of
industry credentials'' after ``activities''.
SEC. 403. ESTABLISHMENT OF EXPANSION AWARDS PROGRAM IN HOLLINGS
MANUFACTURING EXTENSION PARTNERSHIP AND AUTHORIZATION OF
APPROPRIATIONS FOR THE 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 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, within the Hollings Manufacturing
Extension Partnership under sections 25 and 26 a program of expansion
awards among participants described in subsection (c) of this section
for the purposes described in subsection (d) of this section.
``(c) Participants.--Participants receiving awards under this
section shall be Centers, or a consortium of Centers.
``(d) 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,
connecting manufacturers with career and technical education
entities, institutions of higher education (including community
colleges), workforce development boards, State government
programs for advanced manufacturing, entities (such as public-
private partnerships) or a collection of entities and
individuals carrying out an advanced manufacturing forum that
would serve educationally underrepresented individuals (such as
underrepresented racial and ethnic minorities), labor
organizations, and nonprofit job training providers to develop
and support training and job placement services, 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 mitigate vulnerabilities to cyberattacks,
including helping to offset the cost of cybersecurity projects
for small manufacturers.
``(3) To expand advanced technology services to small- and
medium-sized manufacturers, which may include--
``(A) developing technology demonstration
laboratories;
``(B) services for the adoption of advanced
technologies, including smart manufacturing
technologies and practices; and
``(C) 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 402); and
``(iv) institutions of higher education.
``(4) 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, and other
relevant topics; and
``(B) expanded services to provide industry-wide
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.
``(e) Reimbursement.--The Director may reimburse Centers for costs
incurred by the Centers under this section.
``(f) Program Contribution.--Recipients of awards under this
section shall not be required to provide a matching contribution.''.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out the Hollings 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), and section 25B of such Act, as added by
subsection (a), $480,000,000 for each of fiscal years 2022
through fiscal year 2026.
(2) Base funding.--Of the amounts appropriated pursuant to
the authorization in paragraph (1), $216,000,000 shall be
available in each fiscal year to carry out the Hollings
Manufacturing Extension Partnership under sections 25 and 25A
of such Act (15 U.S.C. 278k and 278k-1), of which $40,000,000
shall not be subject to cost share requirements under
subsection (e)(2) of such section: Provided, That the authority
made available pursuant to this section shall be elective for
any Manufacturing Extension Partnership Center that also
receives funding from a State that is conditioned upon the
application of a Federal cost sharing requirement.
(3) Expansion award program.--Of the amounts appropriated
pursuant to the authorization in paragraph (1), $264,000,000
shall be available each fiscal year to carry out section 25B of
such Act, as added by subsection (a).
SEC. 404. NATIONAL MANUFACTURING ADVISORY COUNCIL.
(a) Definitions.--In this section:
(1) Advisory council.--The term ``Advisory Council'' means
the National Manufacturing Advisory Council established under
subsection (b)(1).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Health, Education, Labor, and
Pensions, the Committee on Commerce, Science, and
Transportation, the Committee on Energy and Natural
Resources, the Committee on Armed Services, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Education and Labor, the
Committee on Science, Space, and Technology, the
Committee on Energy and Commerce, the Committee on
Armed Services, and the Committee on Appropriations of
the House of Representatives.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) Establishment.--
(1) In general.--The Secretary, in consultation with the
Secretary of Labor, the Secretary of Defense, the Secretary of
Energy, and the Secretary of Education, shall establish within
the Department of Commerce the National Manufacturing Advisory
Council.
(2) Purpose.--The purpose of the Advisory Council shall be
to--
(A) provide worker education, training,
development, and entrepreneurship training;
(B) connect individuals and business with the
services described in subparagraph (A) that are offered
in the community of the individuals or businesses;
(C) coordinate services relating to employee
engagement, including employee ownership and workforce
training;
(D) connect manufacturers with career and technical
education entities, institutions of higher education,
community colleges, workforce development boards, labor
organizations, and nonprofit job training providers to
develop and support training and job placement services
and apprenticeship and online learning platforms for
new and incumbent workers;
(E) develop programming to prevent job losses as
entities adopt new technologies and processes; and
(F) develop best practices for employee ownership.
(c) Mission.--The mission of the Advisory Council shall be to--
(1) ensure regular communication between the Federal
Government and the manufacturing sector in the United States;
(2) advise the Federal Government regarding policies and
programs of the Federal Government that affect manufacturing in
the United States;
(3) provide a forum for discussing and proposing solutions
to problems relating to the manufacturing industry in the
United States; and
(4) ensure that the United States remains the preeminent
destination throughout the world for investment in
manufacturing.
(d) Duties.--The duties of the Advisory Council shall include--
(1) meeting not less frequently than every 180 days to
provide independent advice and recommendations to the Secretary
regarding issues involving manufacturing in the United States;
(2) completing specific tasks requested by the Secretary;
(3) conveying input from key industry, labor, academic,
defense, governmental, and other stakeholders to aid in the
development of a national strategic plan for manufacturing in
the United States;
(4) monitoring the status of technological developments,
critical production capacity, skill availability, investment
patterns, emerging defense needs, and other key indicators of
manufacturing competitiveness to provide foresight for periodic
updates to the national strategic plan for manufacturing
developed under paragraph (3);
(5) soliciting input from the public and private sectors
and academia relating to emerging trends in manufacturing, the
responsiveness of Federal programming with respect to
manufacturing, and suggestions for areas of increased Federal
attention with respect to manufacturing;
(6) monitoring global manufacturing trends and global
threats to manufacturing sectors in the United States;
(7) providing advice and recommendations to the Federal
Government on matters relating to investment in and support of
the manufacturing workforce relating to--
(A) worker participation, including through labor
organizations and through other methods determined by
the Advisory Council, in the planning for deployment of
new technologies across an industry and within
workplaces;
(B) training and education priorities for the
Federal Government and for employers to assist workers
in adapting the skills and experiences of those workers
to fit the demands of the 21st century economy;
(C) innovative suggestions from workers on the
development of new technologies and processes and, as
appropriate, assessing the impact of those technologies
and processes on the workforce and economy of the
United States;
(D) management practices that lead to worker
employment, job quality, worker protection, worker
participation and power in decision making, and
investment in worker career success;
(E) policies and procedures to prioritize diversity
and inclusion in the manufacturing and technology
workforce by expanding access to job, career
advancement, and management opportunities for
underrepresented populations; and
(F) advice on how to improve access to demand-
driven education, training, and re-training for
workers, including community and technical colleges,
higher education, apprenticeships and work-based
learning opportunities;
(8) with respect to the manufacturing.gov website, or any
successor thereto, providing input and improvements in order
to--
(A) make that website more user-friendly to enhance
the ability of that website to--
(i) provide information to manufacturers;
and
(ii) receive feedback from manufacturers;
(B) assist that website in becoming the principal
place of interaction between manufacturers in the
United States and Federal programs relating to
manufacturing; and
(C) enable that website to provide assistance to
manufacturers relating to--
(i) international trade and investment
matters;
(ii) research and technology development
opportunities;
(iii) workforce development and training
programs and opportunities;
(iv) small and medium manufacturer needs;
and
(v) industrial commons and supply chain
needs.
(e) Membership.--
(1) In general.--The Advisory Council shall--
(A) consist of individuals appointed by the
Secretary with a balance of backgrounds, experiences,
and viewpoints; and
(B) include an equal proportion of individuals with
manufacturing experience who represent private
industry, academia, and labor organizations.
(2) Public participation.--The Secretary shall, to the
maximum extent practicable, accept recommendations from the
public regarding the appointment of individuals under paragraph
(1).
(3) Period of appointment; vacancies.--
(A) In general.--Each member of the Advisory
Council shall be appointed by the Secretary for a term
of 3 years.
(B) Renewal.--The Secretary may renew an
appointment made under subparagraph (A) not more than 2
additional terms
(C) Stagger terms.--The Secretary may stagger the
terms of the members of the Advisory Council to ensure
that the terms of the members expire during different
years.
(D) Vacancies.--Any member appointed to fill a
vacancy on the Advisory Council occurring before the
expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after
the expiration of that term until a successor has been
appointed.
(f) Transfer of Functions.--
(1) In general.--All functions of the United States
Manufacturing Council of the International Trade Administration
of the Department of Commerce, including the personnel, assets,
and obligations of the United States Manufacturing Council of
the International Trade Administration of the Department of
Commerce, as in existence on the day before the date of
enactment of this Act, shall be transferred to the Advisory
Council.
(2) Deeming of name.--Any reference in law, regulation,
document, paper, or other record of the United States to the
United States Manufacturing Council of the International Trade
Administration of the Department of Commerce shall be deemed a
reference to the Advisory Council.
(3) Unexpended balances.--Unexpended balances of
appropriations, authorization, allocations, or other funds
related to the United States Manufacturing Council of the
International Trade Administration of the Department of
Commerce shall be available for use by the Advisory Council for
the purpose for which the appropriations, authorizations,
allocations, or other funds were originally made available.
(g) Report.--Not later than 180 days after the date on which the
Advisory Council holds the initial meeting of the Advisory Council and
annually thereafter, the Advisory Council shall submit to the
appropriate committees of Congress a report containing a detailed
statement of the advice and recommendations of the Advisory Council
required under subsection (d)(7).
TITLE V--MISCELLANEOUS
SEC. 501. STRATEGY AND REPORT ON ECONOMIC SECURITY, SCIENCE, RESEARCH,
AND INNOVATION TO SUPPORT THE NATIONAL SECURITY STRATEGY.
(a) National Security Strategy Defined.--In this section, the term
``national security strategy'' means the national security strategy
required by 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 Director of the Office of Science and Technology
Policy shall, in coordination with the National Science and
Technology 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, programs, and resources
as the Director of the Office of Science and Technology
Policy determines pertain to United States national
competitiveness in science, research, innovation, and
technology transfer, including patenting and licensing,
to support the national security strategy;
(B) develop or revise a national strategy to
improve the national competitiveness of the United
States in science, research, and innovation to support
the national security strategy; and
(C) submit to Congress--
(i) a report on the findings of the
Director with respect to the review conducted
under subparagraph (A); and
(ii) the strategy developed or revised
under subparagraph (B).
(2) Termination.--The requirement of paragraph (1) shall
terminate 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 public and private investment
in civilian and military science and technology and its
implications for the geostrategic position of the
United States.
(B) A description of the prioritized economic
security interests and objectives, including domestic
job creation, of the United States relating to science,
research, and innovation and an assessment of how
investment in civilian and military science and
technology can advance those objectives.
(C) An assessment of global trends in science and
technology, including potential threats to the
leadership of the United States in science and
technology.
(D) An assessment of the national debt and its
implications for the economic and national security of
the United States.
(E) An assessment of how regional efforts are
contributing and could contribute to the innovation
capacity of the United States, including programs run
by State and local governments.
(F) An assessment of--
(i) workforce needs for competitiveness in
key technology focus areas; and
(ii) any efforts needed--
(I) to expand pathways into key
technology focus areas; and
(II) to improve workforce
development and employment systems, as
well as programs and practices to
upskill incumbent workers.
(G) An assessment of barriers to competitiveness
and barriers to the development and evolution of start-
ups, small and mid-sized business entities, and
industries.
(H) An assessment of the effectiveness of the
Federal Government, federally funded research and
development centers, and national labs in supporting
and promoting technology commercialization and
technology transfer, including an assessment of the
adequacy of Federal research and development funding in
creating new domestic manufacturing growth and job
creation across sectors and promoting competitiveness
and the development of new technologies.
(I) An assessment of manufacturing capacity,
logistics, and supply chain dynamics of major export
sectors, including access to a skilled workforce,
physical infrastructure, and broadband network
infrastructure.
(J) An assessment of how the Federal Government is
increasing the participation of underrepresented
populations in science, research, innovation, and
manufacturing.
(K) An assessment of public-private partnerships in
technology commercialization, including--
(i) the structure of current technology
research and commercialization arrangements
with regard to public-private partnerships; and
(ii) the extent to which intellectual
property developed with Federal 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 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 the People's
Republic of China; or
(bb) any other entity that
is--
(AA) known to be
owned or controlled by
any governmental
organization of the
People's Republic of
China; or
(BB) organized
under, or otherwise
subject to, the laws of
the People's Republic
of China.
(2) Strategy.--Each strategy submitted under subsection
(b)(1)(C)(ii) shall 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 key technology focus areas central to
international competition, 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,
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 the key technology focus areas,
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 economic
competitiveness of the United States and to
foster the use of public-private partnerships.
(v) Specific plans to promote
sustainability practices and strategies for
increasing jobs in the United States.
(vi) A description of--
(I) how the strategy submitted
under subsection (b)(1)(C)(ii) supports
the national security strategy; and
(II) how the strategy submitted
under such subsection is integrated and
coordinated with the most recent
national defense strategy under section
113(g) of title 10, United States Code.
(vii) A plan to encourage the governments
of countries that are allies or partners of the
United States to cooperate with the execution
of the strategy submitted under subsection
(b)(1)(C)(ii), where appropriate.
(viii) A plan for how the United States
should develop local and regional capacity for
building innovation ecosystems across the
Nation by providing Federal support.
(ix) A plan for strengthening the
industrial base of the United States.
(x) A plan to remove or update overly
burdensome or outdated Federal regulations as
appropriate.
(xi) A plan--
(I) to further incentivize industry
participation in public-private
partnerships for the purposes of
accelerating technology research and
commercialization, including alternate
ways of accounting for in-kind
contributions and value of 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 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 the People's
Republic of China; or
(bb) any other entity that
is--
(AA) known to be
owned or controlled by
any governmental
organization of the
People's Republic of
China; or
(BB) organized
under, or otherwise
subject to, the laws of
the People's Republic
of China.
(xii) 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 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 that the
recommendations and priorities with respect to research and development
funding 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 otherwise 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. The report may include a classified
annex if the working group determines appropriate.
SEC. 502. 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 (Public Law 116-283) may receive
or participate in any grant, award, program, support, or other activity
under--
(1) the Directorate established in section 102;
(2) the supply chain resiliency program under section 504;
(3) section 28(b)(1) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as added by
section 401(a); or
(4) the Manufacturing USA Program, as improved and expanded
under section 402.
SEC. 503. STUDY ON EMERGING SCIENCE AND TECHNOLOGY CHALLENGES FACED BY
THE UNITED STATES AND RECOMMENDATIONS TO ADDRESS THEM.
(a) Short Title.--This section may be cited as the ``National
Strategy to Ensure American Leadership Act of 2021'' or the ``National
SEAL Act of 2021''.
(b) Study.--
(1) In general.--The Secretary of Commerce shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine to conduct a study--
(A) to identify the 10 most critical emerging
science and technology challenges facing the United
States; and
(B) to develop recommendations for legislative or
administrative action to ensure United States
leadership in matters relating to such challenges.
(2) Elements.--The study conducted under paragraph (1)
shall include identification, review, and evaluation of the
following:
(A) Matters pertinent to identification of the
challenges described in paragraph (1)(A).
(B) Matters relating to the recommendations
developed under paragraph (1)(B), including with
respect to education and workforce development
necessary to address each of the challenges identified
under paragraph (1)(A).
(C) Matters related to the review of key technology
focus areas by the Director of the National Science
Foundation under section 5.
(D) An assessment of the current relative balance
in leadership in addressing the challenges identified
in paragraph (1)(A) between the United States, allies
or key partners of the United States, and the People's
Republic of China.
(3) Timeframe.--
(A) Agreement.--The Secretary of Commerce shall
seek to enter into the agreement required by paragraph
(1) on or before the date that is 60 days after the
date of enactment of this Act.
(B) Findings.--Under an agreement entered into
under paragraph (1), the National Academies of
Sciences, Engineering, and Medicine shall, not later
than 1 year after the date on which the Secretary of
Commerce and the National Academies enter into such
agreement, transmit to the Secretary of Commerce the
findings of the National Academies with respect to the
study conducted pursuant to such agreement.
(c) Report.--
(1) In general.--Not later than 30 days after the date on
which the Secretary of Commerce receives the findings of the
National Academies of Sciences, Engineering, and Medicine with
respect to the study conducted under subsection (b), the
Secretary of Commerce shall submit to Congress a ``Strategy to
Ensure American Leadership'' report on such study.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The findings of the National Academies of
Sciences, Engineering, and Medicine with respect to the
study conducted under subsection (b).
(B) The conclusions of the Secretary of Commerce
with respect to such findings.
(C) The recommendations developed under subsection
(b)(1)(B).
(D) Such other recommendations for legislative or
administrative action as the Secretary of Commerce may
have with respect to such findings and conclusions.
(3) Classified annex.--The report submitted under paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex if the Secretary of Commerce determines
appropriate.
(d) Information From Federal Agencies.--
(1) In general.--The National Academies of Sciences,
Engineering, and Medicine may secure directly from a Federal
department or agency such information as the National Academies
of Sciences, Engineering, and Medicine consider necessary to
carry out the study under subsection (b).
(2) Furnishing information.--On request of the National
Academies of Sciences, Engineering, and Medicine for
information, the head of the department or agency shall furnish
such information to the National Academies of Sciences,
Engineering, and Medicine.
(e) Consultation.--The Secretary of Defense and the Director of
National Intelligence shall provide support upon request from the
Secretary of Commerce or the National Academies to carry out this
section.
(f) Non-duplication of Effort.--In carrying out subsection (b), the
Secretary of Commerce shall, to the degree practicable, coordinate with
the steering committee established under section 236(a) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
SEC. 504. REPORT ON GLOBAL SEMICONDUCTOR SHORTAGE.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on the global semiconductor supply shortage and the impact of
that shortage on manufacturing in the United States.
SEC. 505. SUPPLY CHAIN RESILIENCY PROGRAM.
(a) Definitions.--In this section:
(1) Critical industry.--The term ``critical industry''
means an industry identified under subsection (f)(1)(A)(i).
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given the term in the Critical
Infrastructures Protection Act of 2001 (42 U.S.C. 5195c).
(3) Labor organization.--The term ``labor organization''
has the meaning given the term in section 101.
(4) Program.--The term ``program'' means the supply chain
resiliency and crisis response program established under
subsection (b).
(5) Resilient supply chain.--The term ``resilient supply
chain'' means a supply chain that--
(A) ensures that the United States can sustain
critical industry production, supply chains, services,
and access to critical goods and services during supply
chain shocks, including pandemic and biological
threats, cyberattacks, extreme weather events,
terrorist and geopolitical attacks, great power
conflicts, and other threats to the national security
of the United States; and
(B) has key components of resilience that include--
(i) effective private sector risk
management and mitigation planning to sustain
critical supply chains and supplier networks
during a supply chain shock;
(ii) minimized or managed exposure to
supply chain shocks; and
(iii) the financial and operational
capacity to--
(I) sustain critical industry
supply chains during shocks; and
(II) recover from supply chain
shocks.
(6) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Finance of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Armed Services of the Senate;
(F) the Select Committee on Intelligence of the
Senate;
(G) the Committee on Science, Space, and Technology
of the House of Representatives;
(H) the Committee on Energy and Commerce of the
House of Representatives;
(I) the Committee on Appropriations of the House of
Representatives;
(J) the Committee on Ways and Means of the House of
Representatives;
(K) the Committee on Homeland Security of the House
of Representatives;
(L) the Committee on Armed Services of the House of
Representatives; and
(M) the Permanent Select Committee on Intelligence
of the House of Representatives.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(8) Supply chain information.--The term ``supply chain
information'' means information that is not customarily in the
public domain and relating to--
(A) sustaining and adapting supply chains during a
supply chain shock, including pandemic and biological
threats, cyberattacks, extreme weather events,
terrorist and geopolitical attacks, great power
conflict, and other threats to national security;
(B) the development of supply chain risk mitigation
and recovery planning with respect to a supply chain
shock, including any planned or past assessment,
projection, or estimate of a vulnerability within the
supply chain, including testing, supplier network
assessments, production flexibility, risk evaluations
thereto, risk management planning, or risk audits; or
(C) operational best practices, planning, and
supplier partnerships that enable enhanced supply chain
resilience during a supply chain shock, including
response, repair, recovery, reconstruction, insurance,
or continuity.
(b) Establishment.--The Secretary shall establish in the Department
of Commerce a supply chain resiliency and crisis response program to
carry out the activities described in subsection (d).
(c) Mission.--The mission of the program shall be to--
(1) help to promote the leadership of the United States
with respect to critical industries that are essential to the
mid-term and long-term national security of the United States;
and
(2) encourage partnerships between the Federal Government
and industry, labor organizations, and State, local,
territorial, and Tribal governments in order to--
(A) promote resilient supply chains; and
(B) respond to critical industry supply chain
shocks.
(d) Activities.--Under the program, the Secretary, acting through 1
or more bureaus or other divisions of the Department of Commerce as
appropriate, shall carry out activities--
(1) in coordination with the private sector, to--
(A) map and monitor critical industry supply
chains; and
(B) identify high priority supply chain gaps and
vulnerabilities in critical industries that--
(i) exist as of the date of enactment of
this Act; or
(ii) are anticipated in the future;
(2) in coordination with the private sector and State,
local, territorial, and Tribal governments, and as appropriate,
in cooperation with the governments of countries that are
allies or key international partners of the United States, to--
(A) identify opportunities to reduce supply chain
gaps and vulnerabilities in critical industries;
(B) encourage partnerships between the Federal
Government and industry, labor organizations, and
State, local, territorial, and Tribal governments to
better respond to supply chain shocks to critical
industries and coordinate response efforts;
(C) develop or identify opportunities to build the
capacity of the United States, or countries that are
allies of the United States, in critical industries;
and
(D) develop contingency plans and coordination
mechanisms to improve critical industry supply chain
response to supply chain shocks; and
(3) acting within existing authorities of the Department of
Commerce and in coordination with the Secretary of State and
the United States Trade Representative, to--
(A) work with governments of countries that are
allies or partners of the United States to promote
diversified and resilient supply chains that ensure the
supply of critical goods to both the United States and
companies of countries that are allies of the United
States; and
(B) coordinate with other divisions of the
Department of Commerce and other Federal agencies to
leverage existing authorities, as of the date of
enactment of this Act, to encourage resilient supply
chains.
(e) Coordination Group.--In carrying out the activities under
subsection (d), the Secretary may--
(1) establish a unified coordination group, which may
include private sector partners, as appropriate, to serve as
the primary method for coordinating between and among Federal
agencies to plan for supply chain shocks;
(2) establish subgroups of the unified coordination group
established under paragraph (1) led by the head of an
appropriate Federal agency;
(3) through the unified coordination group established
under paragraph (1)--
(A) acquire on a voluntary basis technical,
engineering, and operational supply chain information
from the private sector, in a manner that ensures any
supply chain information provided by the private sector
is kept confidential and as required under section 552
of title 5, United States Code (commonly known as the
``Freedom of Information Act)'';
(B) study the supply chain information acquired
under subparagraph (A) to assess critical industry
supply chain resilience and inform planning;
(C) convene with relevant private sector entities
to share best practices, planning, and capabilities to
response to potential supply chain shocks; and
(D) develop contingency plans and coordination
mechanisms to ensure an effective and coordinated
response to potential supply chain shocks; and
(4) enter into agreements with governments of countries
that are allies or partners of the United States relating to
enhancing critical industry supply chain security and
resilience in response to supply chain shocks.
(f) Report on Supply Chain Resiliency and Domestic Manufacturing.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and from time to time thereafter, the
Secretary, in coordination with relevant Federal agencies and
relevant private sector entities, labor organizations, and
State, local, territorial, and Tribal governments, shall submit
to the relevant committees of Congress a review that--
(A) identifies--
(i) industries that are critical for the
national security of the United States,
considering the key technology focus areas
under this Act and critical infrastructure; and
(ii) supplies that are critical to the
crisis preparedness of the United States;
(B) describes--
(i) the manufacturing base and supply
chains for critical industries in the United
States as of the date of enactment of this Act,
including the manufacturing base and supply
chains for--
(I) raw materials;
(II) production equipment; and
(III) other goods, including
semiconductors, that are essential to
the production of technologies and
supplies for critical industries; and
(ii) the ability of the United States to--
(I) maintain readiness; and
(II) in response to a supply chain
shock--
(aa) surge production in
critical industries; and
(bb) maintain access to
critical goods and services;
(C) identifies defense, intelligence, homeland,
economic, domestic labor supply, natural, geopolitical,
or other contingencies that may disrupt, strain,
compromise, or eliminate the supply chain for those
critical industries;
(D) assesses--
(i) the resiliency and capacity of the
manufacturing base, supply chains, and
workforce of the United States, the allies of
the United States, and the partners of the
United States that can sustain critical
industries through a supply chain shock; and
(ii) any single points of failure in the
supply chains described in clause (i);
(E) assesses the flexible manufacturing capacity
and capabilities available in the United States in the
case of an emergency;
(F) makes specific recommendations to improve the
security and resiliency of manufacturing capacity and
supply chains for critical industries by--
(i) developing long-term strategies;
(ii) increasing visibility into the
networks and capabilities of suppliers;
(iii) identifying industry best practices;
(iv) evaluating how diverse supplier
networks, multi-platform and multi-region
production capabilities and sources, and
integrated global and regional supply chains
can enhance the resilience of--
(I) critical industries in the
United States;
(II) jobs in the United States;
(III) capabilities of the United
States; and
(IV) the support access of the
United States to needed goods and
services during a supply chain shock;
(v) identifying and mitigating risks,
including--
(I) the financial and operational
risks of a supply chain after a supply
chain shock;
(II) significant vulnerabilities to
extreme weather events, cyberattacks,
pandemic and biological threats,
terrorist and geopolitical attacks, and
other emergencies; and
(III) exposure to gaps and
vulnerabilities in--
(aa) domestic capacity or
capabilities; and
(bb) sources of imports
needed to sustain critical
industries;
(vi) identifying enterprise resource
planning systems that are--
(I) compatible across supply chain
tiers; and
(II) affordable for small and
medium-sized businesses;
(vii) understanding the total cost of
ownership, total value contribution, and other
best practices that encourage strategic
partnerships throughout supply chains;
(viii) understanding Federal procurement
opportunities to increase resiliency of supply
chains for goods and services and fill gaps in
domestic purchasing;
(ix) identifying policies that maximize job
retention and creation in the United States,
including workforce development programs;
(x) identifying opportunities to work with
allies or key partners of the United States in
building more resilient critical industry
supply chains and mitigating risks;
(xi) identifying areas requiring further
investment in research and development or
workforce education; and
(xii) identifying such other services as
the Secretary determines necessary;
(G) provides guidance to the Department of
Commerce, the National Science Foundation, and other
relevant Federal agencies with respect to technologies
and supplies that should be prioritized;
(H) with respect to countries that are allies or
key partners of the United States--
(i) reviews and, if appropriate, provides
recommendations for expanding the sourcing of
goods associated with critical industries from
those countries; and
(ii) recommends coordination with those
countries on--
(I) sourcing critical raw
materials, inputs, and products; and
(II) sustaining production and
availability of critical supplies
during a supply chain shock;
(I) monitors and makes recommendations for
strengthening the financial and operational health of
small and medium-sized businesses in supply chains of
the United States and countries that are allies or
partners of the United States to mitigate risks and
ensure diverse and competitive supplier markets that
are less vulnerable to single points of failure; and
(J) assessment of policies, rules, and regulations
that impact domestic manufacturing operating costs and
inhibit the ability for domestic manufacturing to
compete with global competitors.
(2) Prohibition.--The report submitted under paragraph (1)
may not include--
(A) supply chain information that is not
aggregated; or
(B) confidential business information of a private
sector entity.
(g) Semiconductor Incentives.--
(1) In general.--The Secretary shall carry out the program
established under section 9902 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) as part of the program.
(2) Technical and conforming amendment.--Section 9902(a)(1)
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended by striking ``in the Department of Commerce'' and
inserting ``as part of the program established under section
504 of the Endless Frontier Act''.
(h) Report to Congress.--Concurrent with the annual submission by
the President of the budget under section 1105 of title 31, United
States Code, the Secretary shall submit to the relevant committees of
Congress a report that contains a summary of every activity carried out
under this section during the year covered by the report.
(i) Coordination.--
(1) In general.--In implementing the program, the Secretary
shall, as appropriate coordinate with--
(A) the heads of Federal agencies, including--
(i) the Secretary of State; and
(ii) the United States Trade
Representative; and
(B) the Attorney General and the Federal Trade
Commission with respect to--
(i) advice on the design and activities of
the unified coordination group described in
subsection (e)(1); and
(ii) ensuring compliance with Federal
antitrust law.
(2) Specific coordination.--In implementing the program,
with respect to supply chains involving specific sectors, the
Secretary shall, as appropriate, coordinate with--
(A) the Secretary of Defense;
(B) the Secretary of Homeland Security;
(C) the Secretary of the Treasury;
(D) the Secretary of Energy;
(E) the Secretary of Transportation;
(F) the Secretary of Agriculture;
(G) the Director of National Intelligence; and
(H) the heads of other relevant agencies.
(j) Rule of Construction.--Nothing in this section shall be
construed to require any private entity--
(1) to share information with the Secretary;
(2) to request assistance from the Secretary; or
(3) that requests assistance from the Secretary to
implement any measure or recommendation suggested by the
Secretary.
(k) Protections.--
(1) In general.--
(A) Protections.--Subsections (a)(1), (b), (c), and
(d) of section 2224 of the Homeland Security Act of
2002 (6 U.S.C. 673) shall apply to the voluntary
submission of supply chain information by a private
entity under this section in the same manner as those
provisions apply to critical infrastructure information
voluntarily submitted to a covered agency for an other
informational purpose under that subsection if the
voluntary submission is accompanied by an express
statement described in paragraph (2) of this
subsection; and
(B) References.--For the purpose of this
subsection, with respect to section 2224 of the
Homeland Security Act of 2002 (6 U.S.C. 673)----
(i) the express statement described in
subsection (a)(1) of that section shall be
deemed to refer to the express statement
described in paragraph (2) of this subsection;
(ii) references in the subsections
described in subparagraph (A) to ``this
subtitle'' shall be deemed to refer to this
section;
(iii) the reference to ``protecting
critical infrastructure or protected systems''
in subsection (a)(1)(E)(iii) of that section
shall be deemed to refer to carrying out this
section; and
(iv) the reference to ``critical
infrastructure information'' in subsections (b)
and (c) of that section shall be deemed to
refer to supply chain information.
(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 504 of the
Endless Frontier 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.
(3) Inapplicability to semiconductor incentive program.--
This subsection shall not apply to the voluntary submission of
supply chain information by a private entity in an application
for Federal financial assistance under section 9902 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
(l) Determination Related to Optical Transmission Equipment.--
(1) Proceeding.--Not later than 45 days after the date of
enactment of this Act , the Secretary of Commerce shall
commence a process to make a determination for purposes of sect
ion 2 of the Secure and Trusted Communications Networks Act of
2019 (47 U.S.C. 1601) whether optical transmission equipment
manufactured, produced, or distributed by an entity owned,
controlled, or supported by the People's Republic of China
poses an unacceptable risk to the national security of the
United States or the security and safety of United States
persons.
(2) Communication of determination.--If the Secretary
determines pursuant to paragraph (1) that such optical
transmission equipment poses an unacceptable risk consistent
with that paragraph, the Secretary shall immediately transmit
that determination to the Federal Communications Commission
consistent with section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601).
SEC. 506. SEMICONDUCTOR INCENTIVES.
(a) Definitions.--Section 9901 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
and (9) as paragraphs (5), (6), (7), (8), (10), and (11),
respectively;
(2) by inserting after paragraph (3) the following:
``(4) The term `critical manufacturing industry'--
``(A) means an industry--
``(i) that is assigned a North American
Industry Classification System code beginning
with 31, 32, or 33; and
``(ii) for which the industry components
that are assigned a North American Industry
Classification System code beginning with the
same 4 digits as the industry--
``(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.'';
(3) by inserting after paragraph (8), as so redesignated,
the following:
``(9) The term `mature technology node' has the meaning
given the term by the Secretary.''.
(b) Semiconductor Program.--Section 9902 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended--
(1) in subsection (a)(2)--
(A) 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 ``and''; and
(iii) by adding at the end the following:
``(V) determined--
``(aa) the type of
semiconductor technology the
covered entity will produce at
the facility described in
clause (i); and
``(bb) the customers to
which the covered entity plans
to sell the semiconductor
technology described in item
(aa).'';
(B) 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 (iv); 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; and'';
(C) by redesignating subparagraph (D) as
subparagraph (E); and
(D) by inserting after subparagraph (C) the
following:
``(D) Priority.--In awarding Federal financial
assistance to covered entities under subsection (a),
the Secretary shall 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
(2) 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; and
``(5) 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
advanced 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--
``(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 advanced packaging
of semiconductors at mature technology nodes in the
United States; or
``(ii) fabricate, assemble using advanced
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 section, the Secretary may
consider whether a covered entity produces or supplies
equipment or materials used in the fabrication, assembly,
testing, or advanced 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.''.
(c) Advanced Microelectronics Research and Development.--Section
9906 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is amended by adding at
the end the following:
``(h) Infrastructure Grants.--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.''.
SEC. 507. RESEARCH INVESTMENT TO SPARK THE ECONOMY ACT.
(a) Definitions.--In this section:
(1) Award.--The term ``award'' includes a grant,
cooperative agreement, or other financial assistance.
(2) Covid-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
on January 31, 2020, with respect to the Coronavirus Disease
2019 (COVID-19).
(3) Research institution.--The term ``research
institution'' means the following:
(A) An institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))).
(B) A Tribal College or University (as defined in
section 316 of the Higher Education Act of 1965 (20
U.S.C. 1059c)).
(C) A nonprofit entity that conducts Federally
funded research.
(4) Research laboratory.--The term ``Research Laboratory''
means the following:
(A) A National Laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801)).
(B) A Federally Funded Research and Development
Center for purposes of section 35.017 of title 48, Code
of Federal Regulations, or a successor regulation.
(b) Award and Modification of Grants, Cooperative Agreements and
Other Financial Assistance for Institutions of Higher Education,
Research Laboratories, and Other Research Institutions to Address
Matters Relating to Disruption Caused by Covid-19.--
(1) In general.--Each officer specified in paragraph (2)
may exercise the authorities described in paragraph (3).
(2) Officers.--The officers specified in this paragraph are
as follows:
(A) The Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration and the Director of the National
Institute of Standards and Technology.
(B) The Secretary of Agriculture.
(C) The Secretary of Defense.
(D) The Secretary of Education.
(E) The Secretary of Energy, acting for the
Department of Energy (with respect to Energy Efficiency
and Renewable Energy, Nuclear Energy, and Fossil
Research and Development) and through the Office of
Science, the Advanced Research Projects Agency-Energy
(ARPA-E), and the Office of Electricity.
(F) The Secretary of Interior, acting through the
Director of the United States Geological Survey.
(G) The Secretary of Health and Human Services,
acting through the Director of the National Institutes
of Health.
(H) The Secretary of Transportation.
(I) The Administrator of the National Aeronautics
and Space Administration.
(J) The Administrator of the Environmental
Protection Agency.
(K) The Director of the National Science
Foundation.
(3) Authorities.--The officers specified in paragraph (2)
may--
(A) provide supplemental funding to extend the
duration of an award disrupted because of the COVID-19
public health emergency to a research institution,
Research Laboratory, or individual that was awarded
before the date of the enactment of this Act, or to
expand the purposes of such an award, in order to--
(i) enable a postsecondary student or post-
doctoral researcher to complete work;
(ii) enable research scientists, technical
staff, research associates, and principal
investigators to complete work;
(iii) extend the training of a
postsecondary student, or the employment of a
post-doctoral researcher, on an ongoing
research project for up to 2 years because of
the disruption of the job market;
(iv) create research opportunities for up
to 2 years for graduate students and post-
doctoral researchers;
(v) replace, refurbish, or otherwise make
usable laboratory animals, reagents, equipment,
or other items required for research;
(vi) facilitate other research (including
field work), training, and ongoing construction
activities, including at institutions that are
disproportionately affected by the COVID-19
public health emergency (such as minority-
serving institutions and 2-year institutions of
higher education);
(vii) enable experimental field campaigns
and maintenance of field infrastructure,
including through replacement of disrupted
experimental data to enable completion of
impacted research; and
(viii) support training in online course
delivery and virtual research experiences that
will improve quality and access needed to
continue undergraduate, graduate, and post-
doctoral training;
(B) issue awards to research institutions, Research
Laboratories, or other individuals to conduct research
on the effects of the Coronavirus Disease 2019 and
future potential pandemics, on the effects and
effectiveness of responses to such diseases, and on
improving the prediction of the possible courses of
such pandemics; and
(C) provide flexibility on an award for funds made
available to an agency, by any prior or subsequent Act,
by modifying the terms and conditions of the award with
a research institution, Research Laboratory, or
individual due to facility closures or other
limitations during the COVID-19 public health
emergency.
(4) Modifications.--The modifications authorized by
paragraph (3)(C) include, but are not limited to--
(A) the provision of supplemental funding to extend
the duration of the award concerned; and
(B) flexibility on the allowable expenses under
such award.
(c) Procedures.--The officers specified in subsection (b)(2) shall
each establish procedures to carry out subsection (b).
(d) Expedited Awards.--Awards under subsection (b) shall be issued
as expeditiously as possible.
SEC. 508. OFFICE OF MANUFACTURING AND INDUSTRIAL INNOVATION POLICY.
(a) Findings.--Congress finds the following:
(1) The general welfare, security, and economic health and
stability of the United States require a long-term,
substantial, coordinated, and multidisciplinary strategy and
implementation of cohesive objectives to remain at the
forefront of industrial innovation.
(2) The large and complex innovative and technological
capabilities of global supply chains and manufacturing
economies, which influence the course of national and
international manufacturing and innovative relevance, require
appropriate attention, including long-range inclusive planning
and more immediate program development, to encourage and
support private manufacturing growth in the United States and
participation in the public decision-making process.
(3) The innovative and manufacturing capabilities of
business in the United States, when properly fostered, applied,
and supported, can effectively assist in improving the quality
of life for people in the United States, in anticipating and
addressing emerging international, national, and local
problems, and strengthening the international economic
engagement and pioneering leadership of the United States.
(4) Just as Federal funding for science and technology
represents an investment in the future, strategically
addressing gaps in the innovation pipeline of the United States
would--
(A) contribute to converting research and
development investments into high-value, quality job-
creating product production and capture domestic and
global markets; and
(B) strengthen the economic posture of the United
States.
(5) The capabilities of the United States at both the
Federal and State levels need enhanced strategic planning and
influence over policy formulation for industrial innovation and
technology development, as well as a means to ensure an
adequate workforce.
(b) Sense of Congress.--
(1) Priority goals.--It is the sense of Congress that
manufacturing and industrial innovation should include
contributing to the following priority goals:
(A) Taking concrete national action to rebuild,
restore, and expand domestic manufacturing
capabilities, skills, and production capacity,
including world-class infrastructure.
(B) Rebuilding the industrial innovation commons,
including common resources, technical knowledge, and
entrepreneurial opportunities associated with technical
concepts.
(C) Supporting domestic supply chains.
(D) Expanding production capabilities, cooperation,
and knowledge.
(E) Revitalizing communities harmed by historical
and poorly conceived, implemented, and enforced
regulatory and trade policies.
(F) Developing a strategy for innovation and
establishment of manufacturing industries of the
future, including adoption and production of Industry
4.0 technology to support domestic economic expansion,
particularly manufacturers with fewer than 800
employees, and in traditionally underserved
communities.
(G) Contributing to national health and security
and emergency readiness and resilience, including
addressing environmental concerns.
(H) Strengthening the economy of the United States
and promoting full employment in high-quality, high-
wage jobs through useful industrial and technological
innovation.
(I) Cultivating, utilizing, and enhancing academic
and industrial thought-leadership with practical
workforce development and training to the fullest
extent possible.
(J) Implementing a national strategy that
identifies and prioritizes high growth, high value-
added industries, products, and components of national
importance to the long-term economic, environmental,
national security, and public health of the United
States.
(2) National policy.--In view of the findings under
subsection (a), it is the sense of Congress that the Federal
Government and public and private institutions in the United
States should pursue a national policy of manufacturing and
industrial innovation that includes the following principles:
(A) Ensuring global leadership in advanced
manufacturing technologies critical to the long-term
economic, environmental, and public health of the
United States, and to the long-term national security
of the United States.
(B) Restoring and strengthening the industrial
commons of the United States, including--
(i) essential engineering and production
skills;
(ii) infrastructure for research and
development, standardization, and metrology;
(iii) process innovations and manufacturing
know-how;
(iv) equipment; and
(v) suppliers that provide the foundation
for the innovativeness and competitiveness of
all manufacturers in the United States.
(C) Strengthening the technical, financial, and
educational commons and assets necessary to ensure that
the United States is the best positioned nation for the
creation and production of advanced technologies and
products emerging from national research and
development investments.
(D) Capitalizing on the scientific and
technological advances produced by researchers and
innovators in the United States by developing capable
and responsive institutions focused on advancing the
technology and manufacturing readiness levels of those
advances.
(E) Supporting the discovery, invention, start-up,
ramp-up, scale-up, and transition of new products and
manufacturing technologies to full-scale production in
the United States.
(F) Addressing the evolving needs of manufacturers
for a diverse set of workers with the necessary skills,
training, and expertise as manufacturers in the United
States increase high-quality, high-wage employment
opportunities.
(G) Improving and expanding manufacturing
engineering and technology offerings within
institutions of higher education, including 4-year
engineering technology programs at polytechnic
institutes and secondary schools, to be more closely
aligned with the needs of manufacturers in the United
States and the goal of strengthening the long-term
competitiveness of such manufacturing.
(H) Working collaboratively with Federal agencies,
State and local governments, Tribal governments,
regional authorities, institutions of higher education,
economic development organizations, and labor
organizations that primarily represent workers in
manufacturing to leverage their knowledge, resources,
applied research, experimental development, and
programs to foster manufacturing in the United States
so as to anticipate and prepare for emergencies and
global, national, and regional supply chain
disruptions, including disruptions brought on and
exacerbated by changing environmental and other
circumstances.
(I) Recognizing that, as changing circumstances
require the periodic revision and adaptation of this
section, Congress is responsible for--
(i) identifying and interpreting the
changes in those circumstances as they occur;
and
(ii) affecting subsequent changes to this
section, as appropriate.
(J) Reforming rules, regulations, and policy, which
negatively impact domestic manufacturing.
(3) Procedures.--It is the sense of Congress that, in order
to expedite and facilitate the implementation of the national
policy described in paragraph (2)--
(A) Federal procurement policy should--
(i) prioritize and encourage domestic
manufacturing and robust domestic supply
chains;
(ii) support means of expanding domestic
manufacturing job creation;
(iii) enhance manufacturing workforce
preparedness;
(iv) prioritize the development of means to
support diversity and inclusion throughout the
manufacturing and industrial sector;
(v) promote the consideration of, and
support to, minority-owned and women-owned
manufacturing contractors of the Federal
Government; and
(vi) support the ingenuity and
entrepreneurship of the United States by
providing enhanced attention to manufacturing
startups and small businesses in the United
States;
(B) Federal trade and monetary policies should--
(i) ensure that global competition in
manufacturing is free, open, and fair;
(ii) prioritize policies and investments
that support domestic manufacturing growth and
innovation; and
(iii) not be utilized to offshore poor
manufacturing working conditions or destructive
manufacturing environmental practices;
(C) Federal policies and practices should
reasonably prioritize competitiveness for manufacturing
and industrial innovation efforts in the United States,
but should not sacrifice the quality of employment
opportunities, including the health and safety of
workers, pay, and benefits;
(D) Federal manufacturing and industrial innovation
policies, practices, and priorities should reasonably
improve environmental sustainability within the
manufacturing industry, while minimizing economic
impact;
(E) Federal patent policies should be developed,
based on uniform principles, which have as their
objective to preserve incentives for industrial
technological innovation and the application of
procedures that will continue to assure the full use of
beneficial technology to serve the public;
(F) Federal efforts should promote and support a
strong system of intellectual property rights to
include trade secrets, through both protection of
intellectual property rights and enforcement against
intellectual property theft, and broad engagement to
limit foreign efforts to illegally or inappropriately
utilize compromised intellectual property;
(G) closer relationships should be encouraged among
practitioners of scientific and technological research
and development and those who apply those foundations
to domestic commercial manufacturing;
(H) the full use of the contributions of
manufacturing and industrial innovation to support
State and local government goals should be encouraged;
(I) formal recognition should be accorded to those
persons, the manufacturing and industrial innovation
achievements of which contributed significantly to the
national welfare; and
(J) departments, agencies, and instrumentalities of
the Federal Government should establish procedures to
ensure among them the systematic interchange of data,
efforts, and findings developed under their programs.
(K) policies, rules, and regulations that
negatively impact domestic manufacturing should be
reformed.
(4) Implementation.--To implement the national policy
described in paragraph (2), it is the sense of Congress--
(A) that--
(i) the Federal Government should maintain
integrated policy planning elements in the
executive branch that assist agencies in such
branch in--
(I) identifying problems and
objectives that could be addressed or
enhanced by public policy;
(II) mobilizing industrial and
innovative manufacturing resources for
national security and emergency
response purposes;
(III) securing appropriate funding
for programs so identified by the
President or the Chief Manufacturing
Officer;
(IV) anticipating future concerns
to which industrial and innovative
manufacturing can contribute and devise
industrial strategies for such
purposes;
(V) reviewing systematically the
manufacturing and industrial innovation
policy and programs of the Federal
Government and recommending legislative
amendments to those policies and
programs when needed; and
(VI) reforming policies, rules, and
regulations that harm domestic
manufacturing and inhibit domestic
manufacturing from competing with
global competitors; and
(ii) the elements described in clause (i)
should include a data collection, analysis, and
advisory mechanism within the Executive Office
of the President to provide the President with
independent, expert judgment and assessments of
the complex manufacturing and industrial
features involved; and
(B) that it is the responsibility of the Federal
Government to--
(i) promote prompt, effective, reliable,
and systematic dissemination of manufacturing
and industrial information--
(I) by such methods as may be
appropriate; and
(II) through efforts conducted by
nongovernmental organizations,
including industrial groups, technical
societies, and educational entities;
(ii) coordinate and develop a manufacturing
industrial strategy and facilitate the close
coupling of this manufacturing strategy with
commercial manufacturing application; and
(iii) enhance domestic development and
utilization of such industrial information by
prioritization of efforts with manufacturers,
the production of which takes place in the
United States.
(c) Establishment.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate, a Chief Manufacturing
Officer to serve within the Executive Office of the President.
(2) Office.--
(A) In general.--There is established in the
Executive Office of the President an Office of
Manufacturing and Industrial Innovation Policy
(referred to in this section as the ``Office'').
(B) Cmo.--The Chief Manufacturing Officer shall--
(i) head the Office; and
(ii) serve as a source of manufacturing and
industrial innovation analysis and judgment for
the President and the Director of the National
Economic Council with respect to the major
policies, plans, and programs of the Federal
Government relating to manufacturing and
industrial innovation.
(d) Chief Manufacturing Officer; Associate Manufacturing
Officers.--
(1) Chief manufacturing officer.--
(A) Functions.--
(i) Primary function.--To the extent
consistent with law, the Chief Manufacturing
Officer shall report to the President, and such
agencies within the Executive Office of the
President and the Director of the National
Economic Council, as may be appropriate, on
issues regarding and impacting manufacturing
and industrial innovation efforts of the
Federal Government, or of the private sector,
that require attention at the highest levels of
the Federal Government.
(ii) Other functions.--The Chief
Manufacturing Officer shall--
(I) advise the President on
manufacturing and industrial innovation
considerations relating to areas of
national concern, including--
(aa) the economy of the
United States;
(bb) national security;
(cc) public health;
(dd) the workforce of the
United States;
(ee) education;
(ff) foreign relations
(including trade and supply
chain issues);
(gg) the environment; and
(hh) technological
innovation in the United
States;
(II) convene stakeholders,
including key industry stakeholders,
academic stakeholders, defense
stakeholders, governmental
stakeholders, and stakeholders from
nonprofit organizations and labor
organizations that primarily represent
workers in manufacturing, to develop
the national strategic plan required
under subsection (f);
(III) evaluate the scale, quality,
and effectiveness of the effort of the
Federal Government to support
manufacturing and industrial innovation
by the Federal Government or by the
private sector, and advise on
appropriate actions;
(IV) to the extent consistent with
law, report to the President, the
Director of the National Economic
Council, the Director of the Office of
Management Budget, and such agencies
within the Executive Office of the
President as may be appropriate, advise
the President on the budgets,
regulations, and regulatory reforms of
agencies of the executive branch of the
Federal Government with respect to
issues concerning manufacturing and
industrial innovation;
(V) to the extent consistent with
law, assist the President and the
Director of the National Economic
Council in providing general leadership
and coordination of activities and
policies of the Federal Government
relating to and impacting manufacturing
and industrial innovation; and
(VI) perform such other functions,
duties, and activities as the President
and the Director of the National
Economic Council may assign.
(B) Authorities.--In carrying out the duties and
functions under this section, the Chief Manufacturing
Officer may--
(i) appoint such officers and employees as
may be determined necessary to perform the
functions vested in the position and to
prescribe the duties of such officers and
employees;
(ii) obtain services as authorized under
section 3109 of title 5, United States Code, at
rates not to exceed the rate prescribed for
grade GS-15 of the General Schedule under
section 5332 of title 5, United States Code;
and
(iii) enter into contracts and other
arrangements for studies, analysis, and other
services with public agencies and with private
persons, organizations, or institutions, and
make such payments as determined necessary to
carry out the provisions of this section
without legal consideration, without
performance bonds, and without regard to
section 6101 of title 41, United States Code.
(2) Associate directors.--
(A) In general.--The Chief Manufacturing Officer
may appoint not more than 5 Associate Directors, to be
known as Associate Manufacturing Officers to carry out
such functions as may be prescribed by the Chief
Manufacturing Officer.
(B) Compensation.--Each Associate Manufacturing
Officer shall be compensated at a rate not to exceed
that provided for level III of the Executive Schedule
under section 5314 title 5, United States Code.
(e) Policy Planning, Analysis, and Advice.--
(1) In general.--In carrying out the provisions of this
section, the Chief Manufacturing Officer shall--
(A) monitor the status of technological
developments, critical production capacity, skill
availability, investment patterns, emerging defense
needs, and other key indicators of manufacturing
competitiveness to--
(i) provide foresight for periodic updates
to the national strategic plan required under
subsection (f); and
(ii) guide investment decisions;
(B) convene interagency and public-private working
groups to align Federal policies that drive
implementation of the national strategic plan required
under subsection (f);
(C) initiate and support translation research in
engineering and manufacturing by entering into
contracts or making other arrangements (including
grants, awards, cooperative agreements, loans, and
other forms of assistance) to study that research and
to assess the impact of that research on the economic
well-being, climate and environmental impact, public
health, and national security of the United States;
(D) report to the President and the Director of the
National Economic Council on the extent to which the
various programs, policies, and activities of the
Federal Government are likely to affect the achievement
of priority goals of the United States described in
subsection (b)(1);
(E) annually survey the nature and needs of the
policies relating to national manufacturing and
industrial innovation and make recommendations to the
President and the Director of the National Economic
Council, for review and submission to Congress, for the
timely and appropriate revision of the manufacturing
and industrial innovation policies of the Federal
Government, including the reform of policies, rules,
and regulations that harm domestic manufacturing and
inhibit the ability for domestic manufacturing to
compete with global competitors;
(F) perform such other duties and functions and
make and furnish such studies and reports thereon, and
recommendations with respect to matters of policy and
legislation as the President and the Director of the
National Economic Council may request; and
(G) coordinate, as appropriate, Federal permitting
with respect to manufacturing and industrial
innovation.
(2) Intergovernmental manufacturing and industrial
innovation panel.--
(A) Establishment.--The Chief Manufacturing Officer
shall establish an Intergovernmental Manufacturing and
Industrial Innovation Panel (referred to in this
section as the ``Panel'') within the Office, the
purpose of which shall be to--
(i) identify instances in which the
policies of the Federal Government--
(I) with respect to manufacturing
and industrial innovation can help
address problems at the State and local
levels; and
(II) unnecessarily impede
manufacturing and industrial
innovation;
(ii) make recommendations for addressing
the problems described in clause (i); and
(iii) advise and assist the Chief
Manufacturing Officer in identifying and
fostering policies to facilitate the
application to and incorporation of federally
funded research and development into
manufacturing and industrial innovation in the
United States, so as to maximize the
application of such research.
(B) Composition.--The Panel shall be composed of--
(i) the Chief Manufacturing Officer, or a
representative of the Chief Manufacturing
Officer;
(ii) not fewer than 10 members representing
the interests of the States, appointed by the
Chief Manufacturing Officer after consultation
with State officials;
(iii) the Director of the National
Institute of Standards and Technology;
(iv) the Deputy Assistant Secretary of
Defense for Manufacturing and Industrial Base
Policy;
(v) the Assistant Secretary of Labor for
Employment and Training;
(vi) the Administrator of the Small
Business Administration; and
(vii) the Assistant Secretary of Energy for
Energy Efficiency and Renewable Energy.
(C) Chair.--The Chief Manufacturing Officer, or the
representative of the Chief Manufacturing Officer,
shall serve as Chair of the Panel.
(D) Meetings.--The Panel shall meet at the call of
the Chair.
(E) Compensation.--
(i) In general.--Each member of the Panel
shall be entitled to receive compensation at a
rate not to exceed the daily rate prescribed
for GS-15 of the General Schedule under section
5332 of title 5, United States Code, for each
day (including travel time) during which the
member is engaged in the performance of the
duties of the Panel.
(ii) Travel expenses.--Each member of the
Panel who is serving away from the home or
regular place of business of the member in the
performance of the duties of the Panel shall be
allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as the
expenses authorized by section 5703(b) of title
5, United States Code, for persons in
government service employed intermittently.
(f) National Strategic Plan for Manufacturing and Industrial
Innovation.--
(1) Strategic plan.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Chief Manufacturing
Officer, in coordination with the Director of the
National Economic Council, shall, to the extent
practicable, in accordance with subsection
(d)(1)(A)(ii) and in consultation with other agencies
and private individuals as the Chief Manufacturing
Officer determines necessary, establish a national
strategic plan for manufacturing and industrial
innovation that identifies--
(i) short-term, medium-term, and long-term
needs critical to the economy, national
security, public health, workforce readiness,
environmental concerns, and priorities of the
United States manufacturing sector, including
emergency readiness and resilience; and
(ii) situations and conditions that warrant
special attention by the Federal Government
relating to--
(I) any problems, constraints, or
opportunities of manufacturing and
industrial innovation that--
(aa) are of national
significance;
(bb) will occur or may
emerge during the 4-year period
beginning on the date on which
the national strategic plan is
established; and
(cc) are identified through
basic research;
(II) an evaluation of activities
and accomplishments of all agencies in
the executive branch of the Federal
Government that are related to carrying
out such plan;
(III) opportunities for, and
constraints on, manufacturing and
industrial innovation that can make a
significant contribution to--
(aa) the resolution of
problems identified under this
paragraph; or
(bb) the achievement of
Federal program objectives or
priority goals, including those
described in subsection (b)(1);
and
(IV) recommendations for proposals
to carry out such plan.
(B) Revisions.--Not later than 4 years after the
date on which the national strategic plan is
established under subparagraph (A), and every 4 years
thereafter, the Chief Manufacturing Officer, in
coordination with the Director of the National Economic
Council, shall revise that plan so that the plan takes
account of near- and long-term problems, constraints,
and opportunities and changing national goals and
circumstances.
(2) Consultation with other agencies.--The Chief
Manufacturing Officer shall consult, as necessary, with
officials of agencies in the executive branch of the Federal
Government that administer programs or have responsibilities
relating to the problems, constraints, and opportunities
identified in the national strategic plan under paragraph (1)
in order to--
(A) identify and evaluate actions that might be
taken by the Federal Government, State, and local
governments, or the private sector to deal with such
problems, constraints, or opportunities; and
(B) ensure to the extent possible that actions
identified under subparagraph (A) are considered by
each agency of the executive branch of the Federal
Government in formulating proposals of each such
agency.
(3) Consultation with manufacturing stakeholders.--The
Chief Manufacturing Officer shall consult broadly with
representatives from stakeholder constituencies, including from
technology fields, engineering fields, manufacturing fields,
academic fields, worker training or credentialing programs,
industrial sectors, business sectors, consumer sectors, defense
sector, public interest sectors, and labor organizations which
primarily represent workers in manufacturing to ensure
information and perspectives from such consultations are
incorporated within the problems, constraints, opportunities,
and actions identified in the national strategic plan under
paragraph (1).
(4) Consultation with omb.--The Chief Manufacturing Officer
shall consult as necessary with officials of the Office of
Management and Budget and other appropriate elements of the
Executive Office of the President to ensure that the problems,
constraints, opportunities, and actions identified under
paragraph (1) are fully considered in the development of
legislative proposals and the President's budget.
(g) Additional Functions of the Chief Manufacturing Officer;
Administrative Provisions.--
(1) In general.--The Chief Manufacturing Officer, in
addition to the other duties and functions under this section,
shall serve--
(A) on the Federal Strategy and Coordinating
Council on Manufacturing and Industrial Innovation
established under subsection (j); and
(B) as a member of the Domestic Policy Council, the
National Economic Council, and the Office of Science
and Technology Policy Council.
(2) Advice to national security council.--For the purpose
of ensuring the optimal contribution of manufacturing and
industrial innovation to the national security of the United
States, the Chief Manufacturing Officer, at the request of the
President, shall advise the National Security Council in such
matters concerning manufacturing and industrial innovation as
may be related to national security.
(3) Coordination with other organizations.--
(A) In general.--In exercising the functions under
this section, the Chief Manufacturing Officer--
(i) shall--
(I) work in close consultation and
cooperation with the Director of the
Domestic Policy Council, the National
Security Advisor, the Assistant to the
President for Economic Policy and
Director of the National Economic
Council, the Director of the Office of
Science and Technology Policy, the
Director of the Office of Management
and Budget, and the heads of other
agencies in the executive branch of the
Federal Government;
(II) utilize the services of
consultants, establish such advisory
panels, and, to the extent practicable,
consult with--
(aa) State and local
government agencies;
(bb) appropriate
professional groups;
(cc) representatives of
industry, universities,
consumers, labor organizations
that primarily represent
workers in manufacturing; and
(dd) such other public
interest groups, organizations,
and individuals as may be
necessary;
(III) hold such hearings in various
parts of the United States as necessary
to determine the views of the agencies,
groups, and organizations described in
subparagraph (B), and of the general
public, concerning national needs and
trends in manufacturing and industrial
innovation; and
(IV) utilize, with the heads of
public and private agencies and
organizes, to the fullest extent
possible the services, personnel,
equipment, facilities, and information
(including statistical information) of
public and private agencies and
organizations, and individuals, in
order to avoid the duplication of
efforts and expenses; and
(ii) may transfer funds made available
pursuant to this section to other agencies in
the executive branch of the Federal Government
as reimbursement for the utilization of such
personnel, services, facilities, equipment, and
information.
(B) Furnishment of information.--Each department,
agency, and instrumentality of the executive branch of
the Federal Government, including any independent
agency, shall furnish the Chief Manufacturing Officer
such information as necessary to carry out this
section.
(h) Manufacturing and Industrial Innovation Report.--
(1) Report.--Not later than 3 years after the date of
enactment of this Act, and every 4 years thereafter, the Chief
Manufacturing Officer, in consultation with the Director of the
National Economic Council, shall submit to Congress a
Manufacturing and Industrial Innovation Report (referred to in
this section as the ``report'') with appropriate assistance
from agencies in the executive branch of the Federal Government
and such consultants and contractors as the Chief Manufacturing
Officer determines necessary.
(2) Contents of report.--Each report required under
paragraph (1) shall draw upon the most recent national
strategic plan established under subsection (f) and shall
include, to the extent practicable and within the limitations
of available knowledge and resources--
(A) a review of developments of national
significance in manufacturing and industrial
innovation;
(B) the significant effects of trends at the time
of the submission of the report and projected trends in
manufacturing and industrial innovation on the economy,
workforce, and environmental, health and national
security, and other requirements of the United States;
(C) a review and appraisal of selected
manufacturing and industrial innovation related
programs, policies, and activities of the Federal
Government, including procurement;
(D) an inventory and forecast of critical and
emerging national problems, the resolution of which
might be substantially assisted by manufacturing and
industrial innovation in the United States;
(E) the identification and assessment of
manufacturing and industrial innovation measures that
can contribute to the resolution of the problems
described in subparagraph (D) in light of the related
economic, workforce, environmental, public health, and
national security considerations;
(F) at the time of the submission of the report,
and as projected, the manufacturing and industrial
resources, including specialized manpower, that could
contribute to the resolution of the problems described
in subparagraph (D); and
(G) recommendations for legislation and regulatory
changes on manufacturing and industrial innovation-
related programs and policies that will contribute to
the resolution of the problems described in
subparagraph (D).
(3) Preparation of report.--In preparing each report
required under paragraph (1), the Chief Manufacturing Officer
shall make maximum use of relevant data available from agencies
in the executive branch of the Federal Government.
(4) Public availability of report.--The Chief Manufacturing
Officer shall ensure that the report is made available to the
public.
(i) Comptroller General Report.--Not later than 3 years after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Appropriations of the
Senate, the Committee on Science, Space, and Technology of the House of
Representatives, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Appropriations of the House of
Representatives, and make available to the public, a report--
(1) containing an assessment of the efforts of the Office
to implement or advance the priority goals described in
subsection (b)(1); and
(2) providing recommendations on how to improve the efforts
described in paragraph (1).
(j) Federal Strategy and Coordinating Council on Manufacturing and
Industrial Innovation.--There is established in the executive branch of
the Federal Government the Federal Strategy and Coordinating Council on
Manufacturing and Industrial Innovation (referred to in this section as
the ``Council'').
(1) Membership.--
(A) In general.--The Council shall be composed of
the following:
(i) The President, who shall serve as Chair
of the Council.
(ii) The Vice President.
(iii) The Secretary of Commerce.
(iv) The Secretary of Defense.
(v) The Secretary of Education.
(vi) The Secretary of Energy.
(vii) The Secretary of Health and Human
Services.
(viii) The Secretary of Housing and Urban
Development.
(ix) The Secretary of Labor.
(x) The Secretary of State.
(xi) The Secretary of Transportation.
(xii) The Secretary of the Treasury.
(xiii) The Secretary of Veterans Affairs.
(xiv) The Administrator of the
Environmental Protection Agency.
(xv) The Administrator of the National
Aeronautics and Space Administration.
(xvi) The Administrator of the Small
Business Administration.
(xvii) The Director of the National Science
Foundation.
(xviii) The Director of the Office of
Management and Budget.
(xix) The Assistant to the President for
Science and Technology.
(xx) The United States Trade
Representative.
(xxi) The National Security Advisor.
(xxii) The Assistant to the President for
Economic Policy.
(xxiii) The Director of the Domestic Policy
Council.
(xxiv) The Chair of the Council of Economic
Advisers.
(xxv) The Chief Manufacturing Officer.
(B) Additional participants.--The President may,
from time to time and as necessary, appoint officials
in the executive branch of the Federal Government to
serve as members of the Council.
(2) Meetings of the council.--
(A) In general.--The President or the Chief
Manufacturing Officer may convene meetings of the
Council.
(B) Presiding officer.--
(i) In general.--Subject to clause (ii),
the President shall preside over the meetings
of the Council.
(ii) Exception.--If the President is not
present at a meeting of the Council, the Vice
President (and if the Vice President is not
present at a meeting of the Council, the Chief
Manufacturing Officer) shall preside and be
considered the chair of the Council.
(k) Council on Manufacturing and Industrial Innovation Functions.--
(1) In general.--The Council shall--
(A) consider problems and developments, including
concerns relating to the workforce of the United
States, in manufacturing and industrial innovation and
related activities of more than 1 agency in the
executive branch of the Federal Government;
(B) coordinate the manufacturing and industrial
innovation policy-making process;
(C) harmonize the Federal permitting process
relating to manufacturing and industrial innovation, as
appropriate;
(D) ensure manufacturing and industrial innovation
policy decisions and programs are consistent with the
priority goals described in subsection (b)(1);
(E) help implement the priority goals described in
subsection (b)(1) across the Federal Government;
(F) ensure manufacturing and industrial innovation
are considered in the development and implementation of
Federal policies and programs;
(G) achieve more effective use of foundational
aspects of manufacturing and industrial innovation,
particularly scientific, engineering, and technological
resources and facilities of agencies in the executive
branch of the Federal Government, including the
elimination of efforts that have been unwarrantedly
duplicated;
(H) identify--
(i) threats to, and vulnerabilities of,
supply chains;
(ii) workforce skills;
(iii) aspects of supply chains and
workforce skills requiring additional emphasis;
and
(iv) for reform policies, rules, and
regulations that harm domestic manufacturing
and inhibit the ability for domestic
manufacturing to compete with global
competitors; and
(I) further international cooperation on
manufacturing and industrial innovation policies that
enhance the policies of the United States and
internationally agreed upon policies.
(2) Chief manufacturing officer.--The Chief Manufacturing
Officer may take such actions as may be necessary or
appropriate to implement the functions described in paragraph
(1).
(l) Coordination.--The head of each agency in the executive branch
of the Federal Government, without regard to whether the head of the
agency is a member of the Council, shall coordinate manufacturing and
industrial innovation policy with the Council.
(m) Administration.--
(1) Coordination with national science and technology
council.--In carrying out the duties of the Council, the
Council shall consult with the National Science and Technology
Council, as necessary.
(2) Ad committees; tasks forces, interagency groups.--The
Council may function through established or ad hoc committees,
task forces, or interagency groups.
(3) Requirement to cooperate.--Each agency in the executive
branch of the Federal Government shall--
(A) cooperate with the Council; and
(B) provide assistance, information, and advice to
the Council, as the Council may request, to the extent
permitted by law.
(4) Assistance to council.--For the purpose of carrying out
the provisions of this section, the head of each agency that is
a member of the Council shall furnish necessary assistance and
resources to the Council, which may include--
(A) detailing employees of the agency to the
Council to perform such functions, consistent with the
purposes of this section, as the Chair of the Council
may assign to those detailees;
(B) providing office support and printing, as
requested by the Chair of the Council; and
(C) upon the request of the Chair of the Council,
undertake special studies for the Council that come
within the functions of the Council described in
subsection (k).
(n) National Medal of Manufacturing and Industrial Innovation.--
(1) Recommendations.--The President shall from time to time
award a medal, to be known as the ``National Medal of
Manufacturing and Industrial Innovation'', on the basis of
recommendations received from the National Academies of
Sciences, the Chief Manufacturing Officer, or on the basis of
such other information and evidence as the President determines
appropriate, to individuals who in the judgment of the
President are deserving of special recognition by reason of
outstanding contributions to knowledge in manufacturing and
industrial innovation.
(2) Number.--Not more than 20 individuals may be awarded a
medal under this section in any one calendar year.
(3) Citizenship.--An individual may not be awarded a medal
under this section unless at the time such award is made the
individual--
(A) is a citizen or other national of the United
States; or
(B) is an individual lawfully admitted to the
United States for permanent residence who--
(i) has filed an application for petition
for naturalization in the manner prescribed by
section 334(b) of the Immigration and
Nationality Act (8 U.S.C. 1445(b)); and
(ii) is not permanently ineligible to
become a citizen of the United States.
(4) Ceremonies.--The presentation of the award shall be
made by the President with such ceremonies as determined
proper, including attendance by appropriate Members of
Congress.
(o) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2022 through 2026--
(1) $5,000,000, for the purpose of carrying out subsections
(c) through (i); and
(2) $5,000,000, for the purpose of carrying out subsections
(j) through (m).
SEC. 509. TELECOMMUNICATIONS WORKFORCE TRAINING GRANT PROGRAM.
(a) Short Title.--This section may be cited as the ``Improving
Minority Participation And Careers in Telecommunications Act'' or the
``IMPACT Act''.
(b) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Covered grant.--The term ``covered grant'' means a
grant awarded under subsection (c).
(3) Eligible entity.--The term ``eligible entity'' means a
historically Black college or university, Tribal College or
University, or minority-serving institution, or a consortium of
such entities, that forms a partnership with 1 or more of the
following entities to carry out a training program:
(A) A member of the telecommunications industry,
such as a company or industry association.
(B) A labor or labor-management organization with
experience working in the telecommunications industry
or a similar industry.
(C) The Telecommunications Industry Registered
Apprenticeship Program.
(D) A nonprofit organization dedicated to helping
individuals gain employment in the telecommunications
industry.
(E) A community or technical college with
experience in providing workforce development for
individuals seeking employment in the
telecommunications industry or a similar industry.
(F) A Federal agency laboratory specializing in
telecommunications technology.
(4) Fund.--The term ``Fund'' means the Telecommunications
Workforce Training Grant Program Fund established under
subsection (d)(1).
(5) Grant program.--The term ``Grant Program'' means the
Telecommunications Workforce Training Grant Program established
under subsection (c).
(6) 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).
(7) Industry field activities.--The term ``industry field
activities'' means activities at active telecommunications,
cable, and broadband network worksites, such as towers,
construction sites, and network management hubs.
(8) Industry partner.--The term ``industry partner'' means
an entity described in subparagraphs (A) through (F) of
paragraph (3) with which an eligible entity forms a partnership
to carry out a training program.
(9) 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)).
(10) Training program.--The term ``training program'' means
a credit or non-credit program developed by an eligible entity,
in partnership with an industry partner, that--
(A) is designed to educate and train students to
participate in the telecommunications workforce; and
(B) includes a curriculum and apprenticeship or
internship opportunities that can also be paired with--
(i) a degree program; or
(ii) stacked credentialing toward a degree.
(11) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).
(c) Program.--The Assistant Secretary, acting through the Office of
Minority Broadband Initiatives established under section 902(b)(1) of
division N of the Consolidated Appropriations Act, 2021 (Public Law
116-260), shall establish a program, to be known as the
``Telecommunications Workforce Training Grant Program'', under which
the Assistant Secretary awards grants to eligible entities to develop
training programs.
(d) Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the
``Telecommunications Workforce Training Grant Program Fund''.
(2) Availability.--Amounts in the Fund shall be available
to the Assistant Secretary to carry out the Grant Program.
(e) Application.--
(1) In general.--An eligible entity desiring a covered
grant shall submit an application to the Assistant Secretary at
such time, in such manner, and containing such information as
the Assistant Secretary may require.
(2) Contents.--An eligible entity shall include in an
application under paragraph (1)--
(A) a commitment from the industry partner of the
eligible entity to collaborate with the eligible entity
to develop a training program, including curricula and
internships or apprenticeships;
(B) a description of how the eligible entity plans
to use the covered grant, including the type of
training program the eligible entity plans to develop;
(C) a plan for recruitment of students and
potential students to participate in the training
program;
(D) a plan to increase female student participation
in the training program of the eligible entity; and
(E) a description of potential jobs to be secured
through the training program, including jobs in the
communities surrounding the eligible entity.
(f) Use of Funds.--An eligible entity may use a covered grant, with
respect to the training program of the eligible entity, to--
(1) hire faculty members to teach courses in the training
program;
(2) train faculty members to prepare students for
employment in jobs related to the deployment of next-generation
wired and wireless communications networks, including 5G
networks, hybrid fiber-coaxial networks, and fiber
infrastructure, particularly in--
(A) broadband and wireless network engineering;
(B) network deployment, operation, and maintenance;
(C) industry field activities; and
(D) cloud networks, data centers, and
cybersecurity;
(3) design and develop curricula and other components
necessary for degrees, courses, or programs of study, including
certificate programs and credentialing programs, that comprise
the training program;
(4) pay for costs associated with instruction under the
training program, including the costs of equipment,
telecommunications training towers, laboratory space, classroom
space, and instructional field activities;
(5) fund scholarships, student internships,
apprenticeships, and pre-apprenticeship opportunities;
(6) recruit students for the training program; and
(7) support the enrollment in the training program of
individuals working in the telecommunications industry in order
to advance professionally in the industry.
(g) Grant Awards.--
(1) Deadline.--Not later than 2 years after the date on
which amounts are appropriated to the Fund pursuant to
subsection (m), the Assistant Secretary shall award all covered
grants.
(2) Minimum allocation to certain entities.--The Assistant
Secretary shall award not less than--
(A) 30 percent of covered grant amounts to
historically Black colleges or universities; and
(B) 30 percent of covered grant amounts to Tribal
Colleges or Universities.
(3) Evaluation criteria.--As part of the final rules issued
under subsection (h), the Assistant Secretary shall develop
criteria for evaluating applications for covered grants.
(4) Coordination.--The Assistant Secretary shall ensure
that grant amounts awarded under paragraph (2) are coordinated
with, and do not duplicate the specific use of, grant amounts
provided under section 902 of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260).
(5) Construction.--In awarding grants under this section
for training or education relating to construction, the
Assistant Secretary may prioritize applicants that partner with
apprenticeship programs, pre-apprenticeship programs, or public
two-year community or technical colleges that have a written
agreement with one or more apprenticeship programs.
(h) Rules.--Not later than 180 days after the date of enactment of
this Act, after providing public notice and an opportunity to comment,
the Assistant Secretary, in consultation with the Secretary of Labor
and the Secretary of Education, shall issue final rules governing the
Grant Program.
(i) Term.--The Assistant Secretary shall establish the term of a
covered grant, which may not be less than 5 years.
(j) Grantee Reports.--During the term of a covered grant received
by an eligible entity, the eligible entity shall submit to the
Assistant Secretary a semiannual report that, with respect to the
preceding 6-month period--
(1) describes how the eligible entity used the covered
grant amounts;
(2) describes the progress the eligible entity made in
developing and executing the training program of the eligible
entity;
(3) describes the number of faculty and students
participating in the training program of the eligible entity;
(4) describes the partnership with the industry partner of
the eligible entity, including--
(A) the commitments and in-kind contributions made
by the industry partner; and
(B) the role of the industry partner in curriculum
development, the degree program, and internships and
apprenticeships; and
(5) includes data on internship, apprenticeship, and
employment opportunities and placements.
(k) Oversight.--
(1) Audits.--The Inspector General of the Department of
Commerce shall audit the Grant Program in order to--
(A) ensure that eligible entities use covered grant
amounts in accordance with--
(i) the requirements of this section; and
(ii) the overall purpose of the Grant
Program, as described in subsection (c); and
(B) prevent waste, fraud, and abuse in the
operation of the Grant Program.
(2) Revocation of funds.--The Assistant Secretary shall
revoke a grant awarded to an eligible entity that is not in
compliance with the requirements of this section or the overall
purpose of the Grant Program, as described in subsection (c).
(l) Annual Report to Congress.--Each year, until all covered grants
have expired, the Assistant Secretary shall submit to Congress a report
that--
(1) identifies each eligible entity that received a covered
grant and the amount of the covered grant;
(2) describes the progress each eligible entity described
in paragraph (1) has made toward accomplishing the overall
purpose of the Grant Program, as described in subsection (c);
(3) summarizes the job placement status or apprenticeship
opportunities of students who have participated in the training
program of the eligible entity; and
(4) includes the findings of any audits conducted by the
Inspector General of the Department of Commerce under
subsection (k)(1) that were not included in the previous report
submitted under this subsection.
(m) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Fund a total of $100,000,000 for fiscal years 2022 through
2027, to remain available until expended.
(2) Administration.--The Assistant Secretary may use not
more than 2 percent of the amounts appropriated to the Fund for
the administration of the Grant Program.
SEC. 510. COUNTRY OF ORIGIN LABELING ONLINE ACT.
(a) Mandatory Origin and Location Disclosure for Products Offered
for Sale on the Internet.--
(1) In general.--It shall be unlawful for a product that is
required to be marked under section 304 of the Tariff Act of
1930 (19 U.S.C. 1304) or its implementing regulations to be
introduced, sold, advertised, or offered for sale in commerce
on an internet website unless the internet website description
of the product--
(A)(i) indicates in a conspicuous place the country
of origin of the product, in a manner consistent with
the regulations prescribed under section 304 of the
Tariff Act of 1930 (19 U.S.C. 1304) and the country of
origin marking regulations administered by U.S. Customs
and Border Protection; and
(ii) includes, in the case of--
(I) a new passenger motor vehicle (as
defined in section 32304 of title 49, United
States Code), the disclosure required by such
section;
(II) a textile fiber product (as defined in
section 2 of the Textile Fiber Products
Identification Act (15 U.S.C. 70b)), the
disclosure required by such Act;
(III) a wool product (as defined in section
2 of the Wool Products Labeling Act of 1939 (15
U.S.C. 68)), the disclosure required by such
Act;
(IV) a fur product (as defined in section 2
of the Fur Products Labeling Act (15 U.S.C.
69)), the disclosure required by such Act;
(V) a covered commodity (as defined in
section 281 of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1638)), the country of origin
information required by section 282 of such Act
(7 U.S.C. 1638a); and
(VI) a pharmaceutical product subject to
the jurisdiction of the Food and Drug
Administration, the disclosure required by
section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352); and
(B) indicates in a conspicuous place the country in
which the seller of the product is located (and, if
applicable, the country in which any parent corporation
of such seller is located).
(2) Limitation.--The disclosure of a product's country of
origin required pursuant to paragraph (1)(A) shall not be made
in such a manner as to represent to a consumer that the product
is in whole, or part, of United States origin, unless such
disclosure is consistent with section 5 of the Federal Trade
Commission Act (15 U.S.C. 45(a)), provided that no other
Federal statute applies.
(b) Prohibition on False and Misleading Representation of United
States Origin on Products.--
(1) Unlawful activity.--Notwithstanding any other provision
of law, it shall be unlawful to make any false or deceptive
representation that a product or its parts or processing are of
United States origin in any labeling, advertising, or other
promotional materials, or any other form of marketing,
including marketing through digital or electronic means in the
United States.
(2) Deceptive representation.--For purposes of paragraph
(1), a representation that a product is in whole, or in part,
of United States origin is deceptive if, at the time the
representation is made, such claim is not consistent with
section 5 of the Federal Trade Commission Act (15 U.S.C.
45(a)), provided that no other Federal statute applies.
(c) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) or (b) shall be treated as a violation of a rule
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce this
section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section.
(B) Privileges and immunities.--Any person that
violates subsection (a) or (b) shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act (15 U.S.C.
41 et seq.) as though all applicable terms and
provisions of that Act were incorporated and made part
of this section.
(C) Authority preserved.--Nothing in this section
may be construed to limit the authority of the
Commission under any other provision of law.
(3) Interagency agreement.--Not later than 6 months after
the date of enactment of this Act, the Commission and U.S.
Customs and Border Protection shall--
(A) enter into a Memorandum of Understanding or
other appropriate agreement for the purpose of
providing consistent implementation of this section;
and
(B) publish such agreement to provide public
guidance.
(4) Definition of commission.--In this subsection, the term
``Commission'' means the Federal Trade Commission.
(d) Effective Date.--This section shall take effect 9 months after
the date of enactment of this Act.
SEC. 511. COUNTRY OF ORIGIN LABELING FOR KING CRAB AND TANNER CRAB.
Section 281(7)(B) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1638(7)(B)) is amended--
(1) by striking ``includes a fillet'' and inserting
``includes--
``(i) a fillet'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(ii) whole cooked king crab and tanner
crab and cooked king crab and tanner crab
sections.''.
SEC. 512. INTERNET EXCHANGES AND SUBMARINE CABLES.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Core based statistical area.--The term ``core based
statistical area'' has the meaning given the term by the Office
of Management and Budget in the Notice of Decision entitled
``2010 Standards for Delineating Metropolitan and Micropolitan
Statistical Areas'', published in the Federal Register on June
28, 2010 (75 Fed. Reg. 37246), or any successor to that Notice.
(3) Covered grant.--The term ``covered grant'' means a
grant awarded under subsection (b)(1).
(4) Indian tribe.--The term ``Indian Tribe''--
(A) has the meaning given the term in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304); and
(B) includes a Native Hawaiian organization, as
that term is defined in section 6207 of the Native
Hawaiian Education Act (20 U.S.C. 7517).
(5) Internet exchange facility.--The term ``internet
exchange facility'' means physical infrastructure through which
internet service providers and content delivery networks
exchange internet traffic between their networks.
(6) State.--The term ``State'' has the meaning given the
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
(7) Submarine cable landing station.--The term ``submarine
cable landing station'' means a cable landing station, as that
term is used in section 1.767(a)(5) of title 47, Code of
Federal Regulations (or any successor regulation), that can be
utilized to land a submarine cable by an entity that has
obtained a license under the first section of the Act entitled
``An Act relating to the landing and operation of submarine
cables in the United States'', approved May 27, 1921 (47 U.S.C.
34) (commonly known as the ``Cable Landing Licensing Act'').
(b) Internet Exchange Facility Grants.--
(1) Grants.--Not later than 1 year after the date on which
amounts are made available under subsection (e), the Assistant
Secretary shall award grants to entities to acquire real
property and necessary equipment to--
(A) establish a new internet exchange facility in a
core based statistical area in which, at the time the
grant is awarded, there are no existing internet
exchange facilities; or
(B) expand operations at an existing internet
exchange facility in a core based statistical area in
which, at the time the grant is awarded, there is only
1 internet exchange facility.
(2) Eligibility.--To be eligible to receive a covered
grant, an entity shall--
(A) have sufficient interest from third party
entities that will use the internet exchange facility
to be funded by the grant once the facility is
established or operations are expanded, as applicable;
(B) have sovereign control over the land or
building in which the internet exchange facility is to
be housed;
(C) provide evidence of direct conduit, duct, and
manhole access to public rights-of-way;
(D) have a plan to establish security protocols for
the internet exchange facility to prevent physical or
electronic intrusion from unauthorized users; and
(E) provide other information required by the
Assistant Secretary to protect against waste, fraud, or
abuse.
(3) Federal share.--The Federal share of the total cost of
the establishment of, or expansion of operations at, an
internet exchange facility for which a covered grant is awarded
may not exceed 50 percent.
(4) Grant amount.--The amount of a covered grant may not
exceed $3,000,000.
(5) Applications.--
(A) Rules and timelines.--Not later than 1 year
after the date of enactment of this Act, the Assistant
Secretary shall establish rules and timelines for
applications for--
(i) covered grants; and
(ii) grants under subsection (c).
(B) Third party review.--To prevent fraud in the
covered grant program, the Assistant Secretary shall
enter into a contract with an independent third party
under which the third party reviews an application for
a covered grant not later than 60 days after the date
on which the application is submitted to ensure that
only an entity that is eligible for a covered grant
receives a covered grant.
(6) Rule of construction.--Nothing in this subsection shall
be construed to authorize the Assistant Secretary to regulate,
issue guidance for, or otherwise interfere with the activities
at an internet exchange facility.
(c) Submarine Cable Landing Station Grants.--Not later than 1 year
after the date on which amounts are made available under subsection
(e), and in accordance with the rules and timelines established under
subsection (b)(5)(A), the Assistant Secretary shall award grants to
States and Indian Tribes to build infrastructure and acquire necessary
equipment to establish or expand an open-access, carrier-neutral
submarine cable landing station that serves a military facility.
(d) Report.--Not later than 5 years after the date of enactment of
this Act, and annually thereafter for 5 years, the Assistant Secretary
shall submit a report on outcomes of grants awarded under this section
to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Energy and Commerce of the House of
Representatives.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$35,000,000 to carry out subsections (b) and (c).
(2) Limitation.--The Assistant Secretary may not use more
than 10 percent of the amounts made available under paragraph
(1) to administer and report on the outcomes of grants awarded
under this section.
(f) Return of Certain Grant Amounts.--The Assistant Secretary may
require a recipient of a grant awarded under subsection (b) or (c) to
return all or a portion of the grant amount if there is evidence of
waste, fraud, or abuse of grant funds by the recipient.
SEC. 513. STUDY OF SISTER CITY PARTNERSHIPS OPERATING WITHIN THE UNITED
STATES INVOLVING FOREIGN COMMUNITIES IN COUNTRIES WITH
SIGNIFICANT PUBLIC SECTOR CORRUPTION.
(a) Short Title.--This section may be cited as the ``Sister City
Transparency Act''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Education and Labor of the
House of Representatives; and
(F) the Committee on Armed Services of the House of
Representatives.
(2) Foreign community.--The term ``foreign community''
means any subnational unit of government outside of the United
States.
(3) Sister city partnership.--The term ``sister city
partnership'' means a formal agreement between a United States
community and a foreign community that--
(A) is recognized by Sister Cities International;
and
(B) is operating within the United States.
(4) United states community.--The term ``United States
community'' means a State, county, city, or other unit of local
government in the United States.
(c) Study of Sister City Partnerships Operating Within the United
States Involving Foreign Communities in Countries With Significant
Public Sector Corruption.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the activities of sister city
partnerships involving foreign communities in countries
receiving a score of 45 or less on Transparency International's
2019 Corruption Perceptions Index.
(2) Elements of the study.--The study conducted under
paragraph (1) shall--
(A) identify--
(i) the criteria by which foreign
communities identify United States communities
as candidates for sister city partnerships,
including themes with respect to the prominent
economic activities and demographics of such
United States communities;
(ii) the activities conducted within sister
city partnerships;
(iii) the economic and educational outcomes
of such activities;
(iv) the types of information that sister
city partnerships make publicly available,
including information relating to contracts and
activities;
(v) the means by which United States
communities safeguard freedom of expression
within sister city partnerships; and
(vi) the oversight practices that United
States communities implement to mitigate the
risks of foreign espionage and economic
coercion within sister city partnerships;
(B) assess--
(i) the extent to which United States
communities ensure transparency regarding
sister city partnership contracts and
activities;
(ii) the extent to which sister city
partnerships involve economic arrangements that
make United States communities vulnerable to
malign market practices;
(iii) the extent to which sister city
partnerships involve educational arrangements
that diminish the freedom of expression;
(iv) the extent to which sister city
partnerships allow foreign nationals to access
local commercial, educational, and political
institutions;
(v) the extent to which foreign communities
could use sister city partnerships to realize
strategic objectives that do not conduce to the
economic and national security interests of the
United States;
(vi) the extent to which sister city
partnerships could enable or otherwise
contribute to foreign communities' malign
activities globally, including activities
relating to human rights abuses and academic
and industrial espionage; and
(vii) the extent to which United States
communities seek to mitigate foreign nationals'
potentially inappropriate use of visa programs
to participate in activities relating to sister
city partnerships; and
(C) review--
(i) the range of activities conducted
within sister city partnerships, including
activities relating to cultural exchange and
economic development;
(ii) how such activities differ between
sister city partnerships; and
(iii) best practices to ensure transparency
regarding sister city partnerships' agreements,
activities, and employees.
(3) Report.--
(A) In general.--Not later than 6 months after
initiating the study required under paragraph (1), the
Comptroller General shall submit a report to the
appropriate congressional committees that contains the
results of such study, including the findings,
conclusions, and recommendations (if any) of the study.
(B) Form.--The report required under subparagraph
(A) may include a classified annex, if necessary.
SEC. 514. PROHIBITION ON TRANSFER, ASSIGNMENT, OR DISPOSITION OF
CONSTRUCTION PERMITS AND STATION LICENSES TO ENTITIES
SUBJECT TO UNDUE INFLUENCE BY THE CHINESE COMMUNIST PARTY
OR THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.
The Federal Communications Commission shall, pursuant to section
310 of the Communications Act of 1934 (47 U.S.C. 310), prohibit the
transfer, assignment, or disposition of construction permits and
station licenses to an entity that is subject to undue influence by the
Chinese Communist Party or the Government of the People's Republic of
China.
SEC. 515. LIMITATION ON NUCLEAR COOPERATION WITH THE PEOPLE'S REPUBLIC
OF CHINA.
(a) In General.--The President shall not--
(1) develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any
kind to participate in, collaborate on, or coordinate
bilaterally in any manner with respect to nuclear cooperation
activities, or otherwise engage in nuclear cooperation, with--
(A) the Government of the People's Republic of
China; or
(B) any company--
(i) owned by the Government of the People's
Republic of China; or
(ii) incorporated under the laws of the
People's Republic of China; or
(2) allow any agency of the United States Government to
host official visitors at a facility belonging to the agency if
those visitors are--
(A) officials, corporate officers, or principal
shareholders of any entity described in subparagraph
(A) or (B) of paragraph (1); or
(B) individuals subject to undue influence by the
individuals described in subparagraph (A).
(b) Review of Prior Nuclear Cooperation and Associated Impacts.--
(1) Agreement.--Not later than 60 days after the date of
enactment of this Act, the Secretary of State shall seek to
enter into an agreement with the National Academy of Public
Administration (referred to in this section as the ``National
Academy'') to carry out the review and assessment described in
paragraph (2) and submit the report described in paragraph (3).
(2) Review and assessment.--
(A) In general.--Under the agreement described in
paragraph (1), the National Academy shall--
(i) conduct a review of nuclear cooperation
during the 25-year period ending on the date of
enactment of this Act between the United States
Government and the People's Republic of China,
including the role of the Department of State
in facilitating such cooperation; and
(ii) perform an assessment of the
implications of the cooperation described in
clause (i) on the national security of the
United States.
(B) Elements.--In conducting the review and
assessment under subparagraph (A), the National Academy
shall examine all cooperative activities relating to
nuclear cooperation between the United States
Government and the People's Republic of China during
the 25-year period ending on the date of enactment of
this Act, including--
(i) all trips relating to nuclear
cooperation taken by officials of the
Department of State to the People's Republic of
China;
(ii) all exchanges of goods, services,
data, or information between officials of the
United States Government and an entity
described in subparagraph (A) or (B) of
subsection (a)(1); and
(C) all instances in which officials of the United
States Government hosted officials from, or
significantly tied to, an entity described in
subparagraph (A) or (B) of subsection (a)(1).
(3) Deadline and report.--Not later than 1 year after the
date on which the Secretary and the National Academy enter into
an agreement described in paragraph (1), the National Academy
shall--
(A) complete the review and assessment described in
paragraph (2); and
(B) submit a report containing the results of the
review and assessment, which shall be unclassified but,
if necessary, may contain a classified annex, to--
(i) the Secretary; and
(ii) the appropriate congressional
committees.
(4) Publication.--Not later than 60 days after the date on
which the National Academy submits the report under paragraph
(3), the Secretary shall make the report publically available
in an easily accessible electronic format, with appropriate
redactions for information that, in the determination of the
Secretary, would be damaging to the national security of the
United States if disclosed.
(c) Waivers.--
(1) Waiver for counterterrorism; nonproliferation
activities; and the national interest.--The President may waive
the limitation under subsection (a)--
(A) to continue ongoing activities with the
People's Republic of China relating to nuclear and
radiological counterterrorism, nuclear and radiological
counterproliferation, and nuclear and radiological
nonproliferation; or
(B) if the President determines that such waiver is
in the national interests of the United States,
provided the Federal Bureau of Investigation certifies
prior to such waiver that the persons covered under
such waiver--
(i) are not subject to undue influence by
the Government of the People's Republic of
China or the Chinese Communist Party, or by
officials of the People's Republic of China or
the Chinese Communist Party; and
(ii) are not engaged in human rights
abuses.
(2) Waiver to address emergencies.--Subject to receiving
appropriate licenses and other authorizations, the President
may waive the limitation under subsection (a) to allow
transfers of technology and equipment to address a nuclear or
radiological emergency.
(3) Notification requirement.--The President shall notify
Congress of any waiver issued under paragraph (1) or (2).
(d) Definitions.--In this section:
(1) Nuclear cooperation.--The term ``nuclear cooperation''
means cooperation with respect to nuclear activities, including
the development, use, or control of atomic energy, including
any activities involving the processing or utilization of
source material, byproduct material, or special nuclear
material (as those terms are defined in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014)).
(2) Nuclear cooperation activities.--The term ``nuclear
cooperation activities'' means activities relating to nuclear
cooperation.
(e) Rule of Construction.-- Nothing in this Act shall be construed
to prohibit--
(1) United States commercial activities, provided such
activities are consistent with the laws and regulations of the
United States; and
(2) limited diplomatic engagement or dialogue--
(A) including regarding protection of the
intellectual property and trade secrets of American
persons; and
(B) except for any diplomatic engagement or
dialogue relating to or aimed at facilitating the
transfer of nuclear technology.
SEC. 516. CERTIFICATION.
Section 1260I(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 113 Stat. 1687) is amended--
(1) by inserting ``and'' at the end of paragraph (2); and
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Huawei does not pose an ongoing threat to the
critical infrastructure of the United States or its allies.''.
SEC. 517. FAIRNESS AND DUE PROCESS IN STANDARDS-SETTING BODIES.
(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 of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on Foreign Relations of the
Senate;
(E) the Committee on Science, Space, and Technology
of the House of Representatives;
(F) the Committee on Armed Services of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(H) the Committee on Foreign Affairs of the House
of Representatives.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(b) Study.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Commerce, acting
through the Assistant Secretary, shall submit to the
appropriate committees of Congress the results of a study
identifying opportunities for improved participation by United
States Government experts in the standardization activities of
the Telecommunication Standardization Sector of the
International Telecommunication Union.
(2) Consultations required.--In conducting the study
required under paragraph (1), the Assistant Secretary shall--
(A) consult with--
(i) the Under Secretary of State for
Economic Growth, Energy, and the Environment;
and
(ii) the Chairman of the Federal
Communications Commission;
(B) engage with the International Digital Economy
and Telecommunication Advisory Committee; and
(C) provide opportunities for all relevant
stakeholders in the United States to provide meaningful
input with respect to the conduct of the study.
(3) Contents.--The study required under paragraph (1) shall
include--
(A) the identification and assessment of factors
that serve as a barrier to the participation of United
States Government experts in the standards development
activities of the Telecommunication Standardization
Sector of the International Telecommunication Union,
including--
(i) budgetary constraints;
(ii) lack of awareness regarding the
strategic importance of, and support for,
participation in those activities;
(iii) limited knowledge about opportunities
for, and means of, participation with respect
to those activities;
(iv) the extent to which there are
opportunities for cooperation with government
experts from like-minded foreign allies with
respect to those activities; and
(v) any other barriers to effective
participation in, and representation with
respect to, those activities; and
(B) recommendations regarding how the barriers to
increased and effective participation, as identified
under subparagraph (A), could be addressed, which may
include--
(i) strategies and tactics to ensure long-
term participation;
(ii) means for improved information sharing
and coordination--
(I) among Federal Government
participants;
(II) between the public and private
sectors; and
(III) between the Federal
Government and like-minded foreign
allies;
(iii) identification of suitable leadership
opportunities for Federal Government
participants; and
(iv) any other recommendation that the
Assistant Secretary determines to be
appropriate.
SEC. 518. SHARK FIN SALES ELIMINATION.
(a) Short Title.--This section may be cited as the ``Shark Fin
Sales Elimination Act of 2021''.
(b) Prohibition on Sale of Shark Fins.--
(1) Prohibition.--Except as provided in subsection (c), no
person shall possess, transport, offer for sale, sell, or
purchase shark fins or products containing shark fins.
(2) Penalty.--A violation of paragraph (1) shall be treated
as an act prohibited by section 307 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857) and
shall be penalized pursuant to section 308(a) of that Act (16
U.S.C. 1858(a)), except that the maximum civil penalty for each
violation shall be $100,000, or the fair market value of the
shark fins involved, whichever is greater.
(c) Exceptions.--A person may possess a shark fin that was taken
lawfully under a State, territorial, or Federal license or permit to
take or land sharks, if the shark fin is separated from the shark in a
manner consistent with the license or permit and is--
(1) destroyed or discarded upon separation;
(2) used for noncommercial subsistence purposes in
accordance with State or territorial law;
(3) used solely for display or research purposes by a
museum, college, or university, or other person under a State
or Federal permit to conduct noncommercial scientific research;
or
(4) retained by the license or permit holder for a
noncommercial purpose.
(d) Dogfish.--
(1) In general.--It shall not be a violation of subsection
bc) for any person to possess, transport, offer for sale, sell,
or purchase any fresh or frozen raw fin or tail from any stock
of the species Mustelus canis (smooth dogfish) or Squalus
acanthias (spiny dogfish).
(2) Report.--By not later than January 1, 2027, the
Secretary of Commerce shall review the exemption contained in
paragraph (1) and shall prepare and submit to Congress a report
that includes a recommendation on whether the exemption
contained in paragraph (1) should continue or be terminated. In
preparing such report and making such recommendation, the
Secretary shall analyze factors including--
(A) the economic viability of dogfish fisheries
with and without the continuation of the exemption;
(B) the impact to ocean ecosystems of continuing or
terminating the exemption;
(C) the impact on enforcement of the ban contained
in subsection (b) caused by the exemption; and
(D) the impact of the exemption on shark
conservation.
(e) Definition of Shark Fin.--In this section, the term ``shark
fin'' means--
(1) the raw or dried or otherwise processed detached fin of
a shark; or
(2) the raw or dried or otherwise processed detached tail
of a shark.
(f) State Authority.--Nothing in this section may be construed to
preclude, deny, or limit any right of a State or territory to adopt or
enforce any regulation or standard that is more stringent than a
regulation or standard in effect under this section.
(g) Severability.--If any provision of this section or its
application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
section which can be given effect without the invalid provision or
application, and to this end the provisions of this section are
severable.
SEC. 519. SENSE OF CONGRESS ON FORCED LABOR.
It is the sense of Congress that the Federal Government shall not
engage in research, partnerships, contracts, or other agreements with
any entity (including any country or institution of higher education)
that has any affiliation with a country that engages in forced labor.
SEC. 520. OPEN NETWORK ARCHITECTURE.
(a) Open Network Architecture Testbed.--
(1) Definitions.--In this subsection--
(A) the term ``Applied Research Open-RAN testbed''
means the testbed established under paragraph (2);
(B) the term ``Assistant Secretary'' means the
Assistant Secretary of Commerce for Communications and
Information; and
(C) the term ``NTIA'' means the National
Telecommunications and Information Administration.
(2) Establishment.--The Assistant Secretary shall establish
an applied research open network architecture testbed at the
Institute for Telecommunication Sciences of the NTIA to develop
and demonstrate network architectures and applications,
equipment integration and interoperability at scale,
including--
(A) Open Radio Access Network (commonly known as
``Open-RAN'') technology;
(B) Virtualized Radio Access Network (commonly
known as ``vRAN'') technology; and
(C) cloud native technologies that replicate
telecommunications hardware as software-based virtual
network elements and functions.
(3) Focus; considerations.--In establishing the Applied
Research Open-RAN testbed pursuant to this section, the
Assistant Secretary shall ensure that such testbed evaluates
issues related to deployment and operation of open network
architectures in rural areas.
(4) Cooperative research and development agreements.--The
Assistant Secretary shall enter into cooperative research and
development agreements as appropriate to obtain equipment,
devices, and expertise for the Applied Research Open-RAN
testbed, in accordance with section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a).
(5) Private sector contributions.--The Assistant Secretary
may accept private contributions to the Applied Research Open-
RAN testbed in the form of network equipment or devices for
testing purposes.
(6) Partnership with government entities.--
(A) Establishment.--In establishing the Applied
Research Open-RAN testbed, the Assistant Secretary
shall--
(i) consult with the Federal Communications
Commission, including with respect to ongoing
work by the Commission to develop other
testbeds, including private sector testbeds,
related to Open-RAN technologies; and
(ii) ensure that the work on the testbed is
coordinated with the responsibilities of the
Assistant Secretary under any relevant
memorandum of understanding with the Federal
Communications Commission and the National
Science Foundation related to spectrum.
(B) Operations.--In operating the Applied Research
Open-RAN testbed, the Assistant Secretary shall, in
consultation with the Federal Communications
Commission, partner with--
(i) the First Responder Network Authority
of the NTIA (also known as ``FirstNet'') and
the Public Safety Communications Research
Division of the National Institute of Standards
and Technology to examine use cases and
applications for Open-RAN technologies in a
public safety network;
(ii) other Federal agencies, as appropriate
to examine use cases and applications for Open-
RAN technologies in other areas of interest to
such agencies; and
(iii) international partners, as
appropriate.
(7) Stakeholder input.--The Assistant Secretary shall seek
input from stakeholders regarding the establishment and
operation of the Applied Research Open-RAN testbed.
(8) Implementation deadline.--Not later than 180 days after
the date of enactment of this Act, the Assistant Secretary
shall--
(A) define metrics and parameters for the Applied
Research Open-RAN testbed, including functionality,
project configuration and capacity, performance,
security requirements, and quality assurance;
(B) adopt any rules as necessary, in consultation
with the Federal Communications Commission; and
(C) begin the development of the Applied Research
Open-RAN testbed, including seeking stakeholder input
as required by paragraph (7).
(9) Report.--Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary shall submit to
the Committee on Commerce, Science and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report on the findings of the testbed and any
recommendations for additional legislative or regulatory
actions relating to the work of the testbed.
(10) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated for the administration of the Applied
Research Open-RAN testbed $20,000,000 for fiscal year
2022, to remain available until expended.
(B) Rule of construction.--Nothing in paragraph (6)
shall be construed to obligate FirstNet or any other
Federal entity to pay for the cost of the Applied
Research Open-RAN testbed created under this section in
the absence of the appropriation of amounts under this
paragraph.
(C) Authorization for voluntary support.--A Federal
entity, including FirstNet, may voluntarily enter into
an agreement with NTIA to provide monetary or
nonmonetary support for the Applied Research Open-RAN
testbed.
(b) Participation in Standards-setting Bodies.--
(1) Definitions.--In this section--
(A) the term ``Assistant Secretary'' means the
Assistant Secretary of Commerce for Communications and
Information;
(B) the term ``eligible standards -setting body''--
(i) means a standards-setting body,
participation in which may be funded by a grant
awarded under paragraph (2), as determined by
the Assistant Secretary; and
(ii) includes--
(I) the 3rd Generation Partnership
Project (commonly known as ``3GPP'');
(II) the Alliance for
Telecommunications Industry Solutions
(commonly known as ``ATIS'');
(III) the International
Telecommunications Union (commonly
known as ``ITU'');
(IV) the Institute for Electrical
and Electronics Engineers (commonly
known as ``IEEE'');
(V) the World Radiocommunications
Conferences (commonly known as the
``WRC'') of the ITU;
(VI) the Internet Engineering Task
Force (commonly known as the ``IETF'');
(VII) the International
Organization for Standardization
(commonly known as the ``ISO'') and the
International Electrotechnical
Commission (commonly known as the
``IEC'');
(VIII) the O-RAN Alliance;
(IX) the Telecommunications
Industry Association (commonly known as
``TIA''); and
(X) any other standards-setting
body identified under paragraph (4);
(C) the term ``Secretary'' means the Secretary of
Commerce; and
(D) the term ``standards-setting body'' means an
international body that develops the standards for open
network architecture technologies.
(2) Grant program.--
(A) In general.--The Secretary, in collaboration
with the Assistant Secretary, shall award grants to
private sector entities based in the United States to
participate in eligible standards-setting bodies.
(B) Prioritization.--The Secretary shall prioritize
grants awarded under this section to private sector
entities that would not otherwise be able to
participate in eligible standards-setting bodies
without the grant.
(3) Grant criteria.--Not later than 180 days after the date
on which amounts are appropriated under paragraph (5), the
Secretary, in collaboration with the Assistant Secretary, shall
establish criteria for the grants awarded under paragraph (2).
(4) Consultation with federal communications commission.--
The Secretary shall consult with the Federal Communications
Commission in--
(A) determining criteria for the grants awarded
under paragraph (2); and
(B) determining which standards-setting bodies, if
any, in addition to the standards-setting bodies listed
in paragraph (1)(C)(ii) are eligible standards-setting
bodies.
(5) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated for grants under paragraph (2) $30,000,000
in total for fiscals years 2022 through 2025, to remain
available until expended.
(B) Administrative costs.--The Secretary may use
not more than 2 percent of any funds appropriated under
this paragraph for the administration of the grant
program established under this subsection.
SEC. 521. COMBATTING SEXUAL HARASSMENT IN SCIENCE.
(a) Definitions.--This section may be cited as the ``Combating
Sexual Harassment in Science Act of 2021''.
(b) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Federal science agency.--The term ``Federal science
agency'' means any Federal agency with an annual extramural
research expenditure of over $100,000,000.
(3) Grant personnel.--The term ``grant personnel'' means
principal investigators and co-principal investigators
supported by a grant award under Federal law and their
trainees.
(4) 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).
(5) National academies.--The term ``National Academies''
means the National Academies of Sciences, Engineering, and
Medicine.
(6) Recipient.--The term ``recipient'' means an entity,
usually a non-Federal entity, that receives a Federal award
directly from a Federal awarding agency. The term ``recipient''
does not include entities that receive subgrants or individuals
that are the beneficiaries of the award.
(7) Sexual harassment.--The term ``sexual harassment'' has
the meaning given such term in section 1604.11 of title 29,
Code of Federal Regulations (or any successor regulations).
(c) Research Grants.--
(1) In general.--The Director shall award grants, on a
competitive basis, to institutions of higher education or
nonprofit organizations (or consortia of such institutions or
organizations)--
(A) to expand research efforts to better understand
the factors contributing to, and consequences of,
sexual harassment affecting individuals in the
scientific, technical, engineering, and mathematics
workforce, including students and trainees; and
(B) to examine best practices to reduce the
incidence and negative consequences of such harassment.
(2) Use of funds.--Activities funded by a grant under this
subsection may include--
(A) research on the sexual harassment experiences
of individuals in underrepresented or vulnerable
groups, including communities of color, disabled
individuals, foreign nationals, sexual- and gender-
minority individuals, and others;
(B) development and assessment of policies,
procedures, trainings, and interventions, with respect
to sexual harassment, conflict management, and ways to
foster respectful and inclusive climates;
(C) research on approaches for remediating the
negative impacts and outcomes of such harassment on
individuals experiencing such harassment;
(D) 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 sexual
harassment;
(E) research on alternatives to the power dynamics
and hierarchical and dependent relationships in
academia that have been shown to create higher levels
of risk for and lower levels of reporting of sexual
harassment; and
(F) research related to the ongoing compilation,
management, and analysis of organizational climate
survey data.
(d) Data Collection.--Not later than 180 days after the date of
enactment of this Act, the Director, through the National Center for
Science and Engineering Statistics and with guidance from the Office of
Management and Budget given their oversight of the Federal statistical
agencies, shall convene a working group composed of representatives of
Federal statistical agencies--
(1) to develop questions on sexual harassment in science,
technology, engineering, and mathematics departments to gather
national data on the prevalence, nature, and implications of
sexual harassment in institutions of higher education that
builds on the work conducted by the National Center for Science
and Engineering Statistics in response to recommendations from
the National Academies to develop questions on harassment; and
(2) to include such questions as appropriate, with
sufficient protections of the privacy of respondents, in
relevant surveys conducted by the National Center for Science
and Engineering Statistics and other relevant entities.
(e) Responsible Conduct Guide.--
(1) 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--
(A) updated professional standards of conduct in
research;
(B) standards of treatment individuals can expect
to receive under such updated standards of conduct;
(C) evidence-based practices for fostering a
climate intolerant of sexual harassment;
(D) methods, including bystander intervention, for
identifying and addressing incidents of sexual
harassment;
(E) professional standards for mentorship and
teaching with an emphasis on power diffusion mechanisms
and preventing sexual harassment;
(F) recommended vetting and hiring practices
scientific research entities are urged to implement to
eliminate serial harassers; and
(G) other topics as the National Academies
determines appropriate.
(2) Recommendations.--In updating the report under
paragraph (1), the National Academies shall take into account
recommendations made 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 other relevant studies and
evidence.
(3) Report.--Not later than 18 months after the effective
date of the agreement under paragraph (1), 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 subsection, as updated pursuant to such subsection.
(f) Policy Guidelines.--
(1) Responsibilities of ostp.--The Director of the Office
of Science and Technology Policy, 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
science agency, the Department of Education, and the Equal
Employment Opportunity Commission, shall--
(A) not later than 90 days after the date of the
enactment of this Act, submit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate an inventory of
Federal science agency policies, procedures, and
resources dedicated to preventing and responding to
reports of sexual harassment;
(B) not later than 6 months after the date on which
the inventory is submitted under subparagraph (A)--
(i) in consultation with outside
stakeholders, develop a set of policy
guidelines for Federal science agencies; and
(ii) submit a report to the committees
referred to in subparagraph (A) containing such
guidelines;
(C) encourage Federal science agencies to develop
or maintain and implement policies based on the
guidelines developed under subparagraph (B);
(D) not later than 1 year after the date on which
the inventory under subparagraph (A) 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 science agencies of
the policy guidelines developed under subparagraph (B);
and
(E) update such policy guidelines as needed.
(2) Requirements.--
(A) In general.--In developing policy guidelines
under paragraph (1)(B), the Director of the Office of
Science and Technology Policy shall consider guidelines
that require, to the extent practicable--
(i) recipients to submit to the Federal
science agency or agencies from which the
recipients receive funding reports relating
to--
(I) any decision made to launch a
formal investigation of sexual
harassment by, or of, grant personnel;
and
(II) findings or determinations of
sexual harassment by, or of, grant
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
conviction of a sexual offense in a
criminal court of law;
(ii) the updating and sharing of reports of
sexual harassment submitted under clause (i)
with relevant Federal science agencies by
agency request; and
(iii) consistency among relevant Federal
agencies with regards to the policies and
procedures for receiving reports submitted
pursuant to clause (i).
(B) 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'').
(C) Privacy protections.--The Director of the
Office of Science and Technology Policy shall ensure
that such guidelines and requirements--
(i) do not infringe upon the privacy rights
of individuals associated with reports
submitted to Federal science agencies; and
(ii) do not require recipients to provide
interim reports to Federal science agencies.
(3) Considerations.--In developing policy guidelines under
paragraph (1)(B), the Director of the Office of Science and
Technology Policy shall consider protocols that require or
incent--
(A) recipients that receive funds from Federal
science agencies to periodically assess their
organizational climate, which may include the use of
climate surveys, focus groups, or exit interviews;
(B) recipients that receive funds from Federal
science agencies to publish on a publicly available
internet website the results of assessments conducted
pursuant to paragraph (1), disaggregated by gender and,
if possible, race, ethnicity, disability status, and
sexual orientation, and in a manner that does not
include personally identifiable information;
(C) recipients that receive funds from Federal
science agencies to make public on an annual basis the
number of determinations of sexual harassment at that
institution or organization;
(D) recipients that receive funds from Federal
science agencies to regularly assess and improve
policies, procedures, and interventions to reduce the
prevalence of and improve the reporting of sexual
harassment;
(E) each entity applying for Federal assistance
awards from a Federal science agency to have a code of
conduct for maintaining a healthy and welcoming
workplace for grant personnel posted on their public
website;
(F) each recipient that receives funds from Federal
science agencies to have in place mechanisms for the
re-integration of individuals who have experienced
sexual harassment; and
(G) recipients that receive funds from Federal
science agencies to work to create a climate intolerant
of sexual harassment and that values and promotes
diversity and inclusion.
(4) Federal science agency implementation.--Each Federal
science agency shall--
(A) develop or maintain and implement policies with
respect to sexual harassment that are consistent with
policy guidelines under paragraph (1)(B) and that
protect the privacy of all parties involved in any
report and investigation of sexual harassment; and
(B) broadly disseminate such policies to current
and potential recipients of research grants awarded by
such agency.
(g) 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 sexual harassment in institutions of higher
education on the career advancement of individuals in the scientific,
engineering, technical, and mathematics workforce. The study shall
assess--
(1) the state of research on sexual harassment in such
workforce;
(2) whether research demonstrates a decrease in the
prevalence of 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 sexual harassment in such institutions, including
specific recommendations; and
(5) other recommendations and issues, as the National
Academies determines appropriate.
(h) Government Accountability Office Study.--Not later than 3 years
after the date of enactment of this Act, the Comptroller General of the
United States shall--
(1) complete a study that assesses the degree to which
Federal science agencies have implemented the policy guidelines
developed under subsection (f)(1)(B) 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.
(i) Harassment on the Basis of Pregnancy Status.--The Director of
the Office of Science and Technology Policy, in consultation with the
Equal Employment Opportunity Commission, shall develop a definition of
``harassment on the basis of pregnancy status'' for the purposes of
carrying out this section.
TITLE VI--SPACE MATTERS
Subtitle A--SPACE Act
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Space Preservation and
Conjunction Emergency Act of 2021'' or the ``SPACE Act''.
SEC. 602. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the increasingly congested nature of the space
environment requires immediate action to address the threat of
collisions between spacecraft and orbital debris;
(2) such collisions threaten the billions of dollars of
existing United States and allied spacecraft, including the
International Space Station, and endanger the future usability
of space;
(3) the provision of accurate and timely notice to
commercial satellite operators with respect to potential
conjunctions enhances safety;
(4) a 2020 National Academies for Public Administration
study identified the Department of Commerce as the preferred
Federal agency to manage, process, and disseminate space
situational awareness data to commercial satellite operators;
and
(5) given the growing space economy, elevating the Office
of Space Commerce within the Department of Commerce may enhance
the ability of the Office of Space Commerce--
(A) to promote space safety through future space
situational awareness and space traffic management
efforts; and
(B) to coordinate with other Federal agencies and
foreign entities.
SEC. 603. DEFINITIONS.
In this subtitle:
(1) Center.--The term ``Center'' means a Center of
Excellence for Space Situational Awareness established under
section 605.
(2) 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).
(3) Orbital debris.--The term ``orbital debris'' means any
space object that--
(A) remains in orbit; and
(B) no longer serves any useful function or
purpose.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) Space object.--The term ``space object'' means any
object launched into space or created in space by humans.
(6) Space situational awareness.--The term ``space
situational awareness'' means--
(A) the identification and characterization of
space objects and orbital debris; and
(B) the understanding of the manner in which space
objects and orbital debris behave in space.
SEC. 604. SPACE SITUATIONAL AWARENESS DATA, INFORMATION, AND SERVICES:
PROVISION TO NON-UNITED STATES GOVERNMENT ENTITIES.
(a) In General.--Chapter 507 of title 51, United States Code, is
amended by adding at the end the following:
``Sec. 50704. Space situational awareness data, information, and
services: provision to non-United States Government
entities
``(a) Space Situational Awareness Program.--
``(1) Requirement.--Pursuant to the authority provided in
section 50702, the Director of Space Commerce, in coordination
with appropriate entities within the Department of Commerce and
the heads of other relevant Federal agencies--
``(A) shall carry out a program to improve the
collection, processing, and dissemination of space
situational awareness data, information, and services;
``(B) subject to paragraph (2), may provide such
data, information, and services to 1 or more eligible
entities described in subsection (b);
``(C) may obtain such data, information, and
services from 1 or more such eligible entities; and
``(D) not later than 180 days after the date of the
enactment of this section, shall obtain data or
services from 1 or more United States commercial
entities, to be stored in an open-architecture data
repository that uses commercially available cloud-based
computing platforms and other analytic or visualization
capabilities.
``(2) Type of information provided.--
``(A) In general.--Data and information provided to
eligible entities under paragraph (1)(B) shall be
safety-related and unclassified.
``(B) National security.--The Secretary of
Commerce, in consultation with the Secretary of Defense
and the heads of other relevant Federal agencies, shall
develop a policy to determine the type of information
that may be provided under paragraph (1) without
compromising the national security interests of the
United States.
``(b) Eligible Entity Described.--An eligible entity described in
this subsection is any non-United States Government entity, including--
``(1) a State;
``(2) a political subdivision of a State;
``(3) a United States commercial entity;
``(4) the government of a foreign country; and
``(5) a foreign commercial entity.
``(c) Public Services.--
``(1) In general.--The Secretary of Commerce shall
designate a basic level of space situational awareness data,
information, and services to be provided at no charge to 1 or
more eligible entities described in subsection (b), which shall
include public services, free of charge, such as--
``(A) a public catalog of tracked space objects;
``(B) emergency conjunction notifications; and
``(C) any other data or services the Director of
Space Commerce considers appropriate.
``(2) Limitation.--The Secretary of Commerce may only
provide data or services under paragraph (1)(C) that compete
with products offered by United States commercial entities if
the provision of such data or services is required to address a
threat to space safety.
``(d) Advanced Services.--The Secretary of Commerce may undertake
activities to promote the development of advanced space situational
awareness data, information, and services to foster the growth of a
global space safety industry.
``(e) Procedures.--The Secretary of Commerce shall establish
procedures by which the authority under this section shall be carried
out.
``(f) Immunity.--The United States, any agency or instrumentality
thereof, and any individual, firm, corporation, or other person acting
for the United States shall be immune from any suit in any court for
any cause of action arising from the provision or receipt of space
situational awareness data, information, or services, whether or not
provided in accordance with this section, or any related action or
omission.
``Sec. 50705. Authorization of appropriations
``There is authorized to be appropriated to the Secretary of
Commerce to carry out this chapter $15,000,000 for fiscal year 2021.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 507 of title 51, United States Code, is amended by inserting
after the item relating to section 50703 the following:
``50704. Space situational awareness data, information, and services:
provision to non-United States Government
entities.
``50705. Authorization of appropriations.''.
SEC. 605. CENTERS OF EXCELLENCE FOR SPACE SITUATIONAL AWARENESS.
(a) In General.--Subject to appropriations, the Secretary shall
award grants to eligible entities to establish 1 or more Centers of
Excellence for Space Situational Awareness to advance scientific,
technological, transdisciplinary, and policy research in space
situational awareness.
(b) Purposes.--Each Center shall--
(1) conduct transdisciplinary research, development, and
demonstration projects related to detecting, tracking,
identifying, characterizing, modeling, and minimizing space
safety, security, and sustainability risks to improve--
(A) space situational awareness and the development
of open-architecture resources for improved space
safety, security, and sustainability;
(B) the unique identification, tracking,
classification, prediction, and modeling of orbital
debris and space objects;
(C) the monitoring, quantification, assessment,
modeling, and prediction of space operations and
environmental threats and hazards, including in space
collisions;
(D) peer exchange and documentation of evidence-
based practices, policies, laws, and regulations
related to orbital debris mitigation and remediation;
and
(E) sharing, modeling, and curation of data related
to orbital debris, space objects, and the environment
of orbital debris and space objects;
(2) conduct policy research related to space safety,
security, and sustainability so as to improve sharing of common
data and legal standards related to orbital debris;
(3) leverage non-Federal sources of support to improve
space situational awareness and minimize space safety,
security, and sustainability risks; and
(4) draw on commercial capabilities and data, as
appropriate.
(c) Eligible Entities.--
(1) In general.--To be eligible for a grant under this
section, an entity shall be a consortium led by--
(A) an institution of higher education; or
(B) a nonprofit organization.
(2) Membership of consortium.--The consortium referred to
in paragraph (1) may include 1 or more--
(A) commercial entities;
(B) Federal laboratories, including Department of
Defense research laboratories; and
(C) other institutions of higher education or
nonprofit organizations.
(d) Considerations.--In awarding grants under this section, the
Secretary shall consider, at a minimum--
(1) the potential of a proposed Center--
(A) to improve the science and technology of space
situational awareness; and
(B) to reduce the amount of space safety, security,
and sustainability risks; and
(2) the commitment of financial support, advice,
participation, and other contributions from non-Federal
sources.
(e) Grant Period.--A grant awarded under this section shall be
awarded for a period of 5 years.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
Subtitle B--National Aeronautics and Space Administration Authorization
Act
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ``National Aeronautics and Space
Administration Authorization Act of 2021''.
SEC. 612. DEFINITIONS.
In this subtitle:
(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) ISS.--The term ``ISS'' means the International Space
Station.
(8) ISS management entity.--The term ``ISS management
entity'' means the organization with which the Administrator
has entered into a cooperative agreement under section 504(a)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(a)).
(9) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(10) 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).
(11) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
(12) 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).
PART I--AUTHORIZATION OF APPROPRIATIONS
SEC. 613. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administration for
fiscal year 2021 $23,495,000,000 as follows:
(1) For Exploration, $6,706,400,000.
(2) For Space Operations, $3,988,200,000.
(3) For Science, $7,274,700,000.
(4) For Aeronautics, $828,700,000.
(5) For Space Technology, $1,206,000,000.
(6) For Science, Technology, Engineering, and Mathematics
Engagement, $120,000,000.
(7) For Safety, Security, and Mission Services,
$2,936,500,000.
(8) For Construction and Environmental Compliance and
Restoration, $390,300,000.
(9) For Inspector General, $44,200,000.
PART II--HUMAN SPACEFLIGHT AND EXPLORATION
SEC. 614. COMPETITIVENESS WITHIN THE HUMAN LANDING SYSTEM PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) advances in space technology and space exploration
capabilities ensure the long-term technological preeminence,
economic competitiveness, STEM workforce development, and
national security of the United States;
(2) the development of technologies that enable human
exploration of the lunar surface and other celestial bodies is
critical to the space industrial base of the United States;
(3) commercial entities in the United States have made
significant investment and progress toward the development of
human-class lunar landers;
(4) NASA developed the Artemis program--
(A) to fulfill the goal of landing United States
astronauts, including the first woman and the next man,
on the Moon; and
(B) to collaborate with commercial and
international partners to establish sustainable lunar
exploration by 2028;
(5) in carrying out the Artemis program, the Administrator
should ensure that the entire Artemis program is inclusive and
representative of all people of the United States, including
women and minorities; and
(6) maintaining multiple technically-credible providers
within NASA commercial programs is a best practice that reduces
programmatic risk.
(b) Statement of Policy.--It shall be the policy of the United
States--
(1) to bolster the domestic space technology industrial
base, using existing tools and authorities, particularly in
areas central to competition between the United States and the
People's Republic of China; and
(2) to mitigate threats and minimize challenges to the
superiority of the United States in space technology, including
lunar infrastructure and lander capabilities.
(c) Human Landing System Program.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Administrator shall maintain
competitiveness within the human landing system program by
funding design, development, testing, and evaluation for not
fewer than 2 entities.
(2) Requirements.--In carrying out the human landing system
program referred to in paragraph (1), the Administrator shall,
to the extent practicable--
(A) encourage reusability and sustainability of
systems developed;
(B) offer existing capabilities and assets of NASA
centers to support such partnerships; and
(C) seek to foster a robust and diverse space
technology industrial base.
(3) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Administrator shall provide to the
appropriate committees of Congress a briefing on the
implementation of paragraph (1).
(4) Authorization of appropriations.--In addition to
amounts otherwise appropriated for the Artemis program, for
fiscal years 2021 through 2026, there is authorized to be
appropriated not less than $10,032,000,000 to NASA to carry out
the human landing system program.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(2) the Committee on Science, Space, and Technology and the
Committee on Appropriations of the House of Representatives.
SEC. 615. SPACE LAUNCH SYSTEM CONFIGURATIONS.
(a) Mobile Launch Platform.--The Administrator is authorized to
maintain 2 operational mobile launch platforms to enable the launch of
multiple configurations of the Space Launch System.
(b) Exploration Upper Stage.--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 with a scheduled availability sufficient
for use on the third launch of the Space Launch System.
(c) 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 third launch of the Space Launch
System.
(d) 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
shall--
(1) immediately on completion of the first full-duration
integrated core stage test of the Space Launch System, initiate
development of a main propulsion test article for the
integrated core stage propulsion elements of the Space Launch
System, consistent with cost and schedule constraints,
particularly for long-lead propulsion hardware needed for
flight;
(2) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress a
detailed plan for the development and operation of such main
propulsion test article; and
(3) use existing capabilities of NASA centers for the
design, manufacture, and operation of the main propulsion test
article.
SEC. 616. ADVANCED SPACESUITS.
(a) Sense of Congress.--It is the sense of Congress that next-
generation advanced spacesuits are a critical technology for human
space exploration and use of low-Earth orbit, cislunar space, the
surface of the Moon, and Mars.
(b) Development Plan.--The Administrator shall establish a detailed
plan for the development and manufacture of advanced spacesuits,
consistent with the deep space exploration goals and timetables of
NASA.
(c) Diverse Astronaut Corps.--The Administrator shall ensure that
spacesuits developed and manufactured after the date of the enactment
of this Act are capable of accommodating a wide range of sizes of
astronauts so as to meet the needs of the diverse NASA astronaut corps.
(d) ISS Use.--Throughout the operational life of the ISS, the
Administrator should fully use the ISS for testing advanced spacesuits.
(e) Prior Investments.--
(1) In general.--In developing an advanced spacesuit, the
Administrator shall, to the maximum extent practicable, partner
with industry-proven spacesuit design, development, and
manufacturing suppliers and leverage prior and existing
investments in advanced spacesuit technologies and existing
capabilities at NASA centers to maximize the benefits of such
investments and technologies.
(2) Agreements with private entities.--In carrying out this
subsection, the Administrator may enter into 1 or more
agreements with 1 or more private entities for the manufacture
of advanced spacesuits, as the Administrator considers
appropriate.
(f) Briefing.--Not later than 180 days after the date of the
enactment of this Act, and semiannually thereafter until NASA procures
advanced spacesuits under this section, the Administrator shall brief
the appropriate committees of Congress on the development plan in
subsection (b).
SEC. 617. ACQUISITION OF DOMESTIC SPACE TRANSPORTATION AND LOGISTICS
RESUPPLY SERVICES.
(a) In General.--Except as provided in subsection (b), the
Administrator shall not enter into any contract with a person or entity
that proposes to use, or will use, a foreign launch provider for a
commercial service to provide space transportation or logistics
resupply for--
(1) the ISS; or
(2) any Government-owned or Government-funded platform in
Earth orbit or cislunar space, on the lunar surface, or
elsewhere in space.
(b) Exception.--The Administrator may enter into a contract with a
person or an entity that proposes to use, or will use, a foreign launch
provider for a commercial service to carry out an activity described in
subsection (a) if--
(1) a domestic vehicle or service is unavailable; or
(2) the launch vehicle or service is a contribution by a
partner to an international no-exchange-of-funds collaborative
effort.
(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Administrator from entering into 1 or more
no-exchange-of-funds collaborative agreements with an international
partner in support of the deep space exploration plan of NASA.
SEC. 618. ROCKET ENGINE TEST INFRASTRUCTURE.
(a) In General.--The Administrator shall 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) prioritize investments in projects that enhance test
and flight certification capabilities 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 180 days after the date of
the enactment of this Act, 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. 619. PEARL RIVER MAINTENANCE.
(a) In General.--The Administrator shall coordinate with the Chief
of the Army Corps of Engineers 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 Act, 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. 620. VALUE OF INTERNATIONAL SPACE STATION AND CAPABILITIES IN LOW-
EARTH ORBIT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national and economic security interests
of the United States to maintain a continuous human presence in
low-Earth orbit;
(2) low-Earth orbit should be used as a test bed to advance
human space exploration and scientific discoveries; and
(3) the ISS is a critical component of economic,
commercial, and industrial development in low-Earth orbit.
(b) Human Presence Requirement.--The United States shall
continuously maintain the capability for a continuous human presence in
low-Earth orbit through and beyond the useful life of the ISS.
SEC. 621. 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 ``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.--Section 70907 of title 51, United States
Code, is amended--
(1) in the section heading, by striking ``2024'' and
inserting ``2030'';
(2) in subsection (a), by striking ``September 30, 2024''
and inserting ``September 30, 2030''; and
(3) in subsection (b)(3), by striking ``September 30,
2024'' and inserting ``September 30, 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) Elimination of International Space Station National Laboratory
Advisory Committee.--Section 70906 of title 51, United States Code, is
repealed.
(g) Conforming Amendments.--Chapter 709 of title 51, United States
Code, is amended--
(1) by redesignating section 70907 as section 70906; and
(2) in the table of sections for the chapter, by striking
the items relating to sections 70906 and 70907 and inserting
the following:
``70906. Maintaining use through at least 2030.''.
SEC. 622. DEPARTMENT OF DEFENSE ACTIVITIES ON INTERNATIONAL SPACE
STATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) identify and review each activity, program, and project
of the Department of Defense completed, being carried out, or
planned to be carried out on the ISS as of the date of the
review; and
(2) provide to the appropriate committees of Congress a
briefing that describes the results of the review.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Commerce, Science, and
Transportation of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Science, Space, and
Technology of the House of Representatives.
SEC. 623. COMMERCIAL DEVELOPMENT IN LOW-EARTH ORBIT.
(a) Statement of Policy.--It is the policy of the United States to
encourage the development of a thriving and robust United States
commercial sector in low-Earth orbit.
(b) Preference for United States Commercial Products and
Services.--The Administrator shall continue to increase the use of
assets, products, and services of private entities in the United States
to fulfill the low-Earth orbit requirements of the Administration.
(c) Noncompetition.--
(1) In general.--Except as provided in paragraph (2), the
Administrator may not offer to a foreign person or a foreign
government a spaceflight product or service relating to the
ISS, if a comparable spaceflight product or service, as
applicable, is offered by a private entity in the United
States.
(2) Exception.--The Administrator may offer a spaceflight
product or service relating to the ISS to the government of a
country that is a signatory to the Agreement Among the
Government of Canada, Governments of Member States of the
European Space Agency, the Government of Japan, the Government
of the Russian Federation, and the Government of the United
States of America Concerning Cooperation on the Civil
International Space Station, signed at Washington January 29,
1998, and entered into force on March 27, 2001 (TIAS 12927),
including an international partner astronaut (as defined in
section 50902 of title 51, United States Code) that is
sponsored by the government of such a country.
(d) Short-duration Commercial Missions.--To provide opportunities
for additional transport of astronauts to the ISS and help establish a
commercial market in low-Earth orbit, the Administrator may permit
short-duration missions to the ISS for commercial passengers on a fully
or partially reimbursable basis.
(e) Program Authorization.--
(1) Establishment.--The Administrator shall establish a
low-Earth orbit commercial development program to encourage the
fullest commercial use and development of space by private
entities in the United States.
(2) Elements.--The program established under paragraph (1)
shall, to the maximum extent practicable, include activities--
(A) to stimulate demand for--
(i) space-based commercial research,
development, and manufacturing;
(ii) spaceflight products and services; and
(iii) human spaceflight products and
services in low-Earth orbit;
(B) to improve the capability of the ISS to
accommodate commercial users; and
(C) subject to paragraph (3), to foster the
development of commercial space stations and habitats.
(3) Commercial space stations and habitats.--
(A) Priority.--With respect to an activity to
develop a commercial space station or habitat, the
Administrator shall give priority to an activity for
which a private entity provides a significant share of
the cost to develop and operate the activity.
(B) Report.--Not later than 30 days after the date
that an award or agreement is made to carry out an
activity to develop a commercial space station or
habitat, the Administrator shall submit to the
appropriate committees of Congress a report on the
development of the commercial space station or habitat,
as applicable, that includes--
(i) a business plan that describes the
manner in which the project will--
(I) meet the future requirements of
NASA for low-Earth orbit human space-
flight services; and
(II) fulfill the cost-share funding
prioritization under subparagraph (A);
and
(ii) a review of the viability of the
operational business case, including--
(I) the level of expected
Government participation;
(II) a list of anticipated
nongovernmental an international
customers and associated contributions;
and
(III) an assessment of long-term
sustainability for the nongovernmental
customers, including an independent
assessment of the viability of the
market for such commercial services or
products.
SEC. 624. MAINTAINING A NATIONAL LABORATORY IN SPACE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States segment of the International Space
Station (as defined in section 70905 of title 51, United States
Code), which is designated as a national laboratory under
section 70905(b) of title 51, United States Code--
(A) benefits the scientific community and promotes
commerce in space;
(B) fosters stronger relationships among NASA and
other Federal agencies, the private sector, and
research groups and universities;
(C) advances science, technology, engineering, and
mathematics education through use of the unique
microgravity environment; and
(D) advances human knowledge and international
cooperation;
(2) after the ISS is decommissioned, the United States
should maintain a national microgravity laboratory in space;
(3) in maintaining a national microgravity laboratory in
space, the United States should make appropriate accommodations
for different types of ownership and operation arrangements for
the ISS and future space stations;
(4) to the maximum extent practicable, a national
microgravity laboratory in space should be maintained in
cooperation with international space partners; and
(5) NASA should continue to support fundamental science
research on future platforms in low-Earth orbit and cislunar
space, orbital and suborbital flights, drop towers, and other
microgravity testing environments.
(b) Report.--The Administrator, in coordination with the National
Space Council and other Federal agencies as the Administrator considers
appropriate, shall issue a report detailing the feasibility of
establishing a microgravity national laboratory federally funded
research and development center to carry out activities relating to the
study and use of in-space conditions.
SEC. 625. INTERNATIONAL SPACE STATION NATIONAL LABORATORY; PROPERTY
RIGHTS IN INVENTIONS.
(a) In General.--Subchapter III of chapter 201 of title 51, United
States Code, is amended by adding at the end the following:
``Sec. 20150. Property rights in designated inventions
``(a) Exclusive Property Rights.--Notwithstanding section 3710a of
title 15, chapter 18 of title 35, section 20135, or any other provision
of law, a designated invention shall be the exclusive property of a
user, and shall not be subject to a Government-purpose license, if--
``(1)(A) the Administration is reimbursed under the terms
of the contract for the full cost of a contribution by the
Federal Government of the use of Federal facilities, equipment,
materials, proprietary information of the Federal Government,
or services of a Federal employee during working hours,
including the cost for the Administration to carry out its
responsibilities under paragraphs (1) and (4) of section 504(d)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(d));
``(B) Federal funds are not transferred to the user under
the contract; and
``(C) the designated invention was made (as defined in
section 20135(a))--
``(i) solely by the user; or
``(ii)(I) by the user with the services of a
Federal employee under the terms of the contract; and
``(II) the Administration is reimbursed for such
services under subparagraph (B); or
``(2) the Administrator determines that the relevant field
of commercial endeavor is sufficiently immature that granting
exclusive property rights to the user is necessary to help
bolster demand for products and services produced on crewed or
crew-tended space stations.
``(b) Notification to Congress.--On completion of a determination
made under paragraph (2), the Administrator shall submit to the
appropriate committees of Congress a notification of the determination
that includes a written justification.
``(c) Public Availability.--A determination or part of such
determination under paragraph (1) shall be made available to the public
on request, as required under section 552 of title 5, United States
Code (commonly referred to as the `Freedom of Information Act').
``(d) Rule of Construction.--Nothing in this section may be
construed to affect the rights of the Federal Government, including
property rights in inventions, under any contract, except in the case
of a written contract with the Administration or the ISS management
entity for the performance of a designated activity.
``(e) Definitions.--In this section--
``(1) Contract.--The term `contract' has the meaning giving
the term in section 20135(a).
``(2) Designated activity.--The term `designated activity'
means any non-NASA scientific use of the ISS national
laboratory as described in section 504 of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18354).
``(3) Designated invention.--The term `designated
invention' means any invention, product, or service conceived
or first reduced to practice by any person in the performance
of a designated activity under a written contract with the
Administration or the ISS management entity.
``(4) Full cost.--The term `full cost' means the cost of
transporting materials or passengers to and from the ISS,
including any power needs, the disposal of mass, crew member
time, stowage, power on the ISS, data downlink, crew
consumables, and life support.
``(5) Government-purpose license.--The term `Government-
purpose license' means the reservation by the Federal
Government of an irrevocable, nonexclusive, nontransferable,
royalty-free license for the use of an invention throughout the
world by or on behalf of the United States or any foreign
government pursuant to a treaty or agreement with the United
States.
``(6) ISS management entity.--The term `ISS management
entity' means the organization with which the Administrator
enters into a cooperative agreement under section 504(a) of the
National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18354(a)).
``(7) User.--The term `user' means a person, including a
nonprofit organization or small business firm (as such terms
are defined in section 201 of title 35), or class of persons
that enters into a written contract with the Administration or
the ISS management entity for the performance of designated
activities.''.
(b) Conforming Amendment.--The table of sections for chapter 201 of
title 51, United States Code, is amended by inserting after the item
relating to section 20149 the following:
``20150. Property rights in designated inventions.''.
SEC. 626. DATA FIRST PRODUCED DURING NON-NASA SCIENTIFIC USE OF THE ISS
NATIONAL LABORATORY.
(a) Data Rights.--Subchapter III of chapter 201 of title 51, United
States Code, as amended by section 626, is further amended by adding at
the end the following:
``Sec. 20151. Data rights
``(a) Non-NASA Scientific Use of the ISS National Laboratory.--The
Federal Government may not use or reproduce, or disclose outside of the
Government, any data first produced in the performance of a designated
activity under a written contract with the Administration or the ISS
management entity, unless--
``(1) otherwise agreed under the terms of the contract with
the Administration or the ISS management entity, as applicable;
``(2) the designated activity is carried out with Federal
funds;
``(3) disclosure is required by law;
``(4) the Federal Government has rights in the data under
another Federal contract, grant, cooperative agreement, or
other transaction; or
``(5) the data is--
``(A) otherwise lawfully acquired or independently
developed by the Federal Government;
``(B) related to the health and safety of personnel
on the ISS; or
``(C) essential to the performance of work by the
ISS management entity or NASA personnel.
``(b) Definitions.--In this section:
``(1) Contract.--The term `contract' has the meaning given
the term under section 20135(a).
``(2) Data.--
``(A) In general.--The term `data' means recorded
information, regardless of form or the media on which
it may be recorded.
``(B) Inclusions.--The term `data' includes
technical data and computer software.
``(C) Exclusions.--The term `data' does not include
information incidental to contract administration, such
as financial, administrative, cost or pricing, or
management information.
``(3) Designated activity.--The term `designated activity'
has the meaning given the term in section 20150.
``(4) ISS management entity.--The term `ISS management
entity' has the meaning given the term in section 20150.''.
(b) Special Handling of Trade Secrets or Confidential
Information.--Section 20131(b)(2) of title 51, United States Code, is
amended to read as follows:
``(2) Information described.--
``(A) Activities under agreement.--Information
referred to in paragraph (1) is information that--
``(i) results from activities conducted
under an agreement entered into under
subsections (e) and (f) of section 20113; and
``(ii) would be a trade secret or
commercial or financial information that is
privileged or confidential within the meaning
of section 552(b)(4) of title 5 if the
information had been obtained from a non-
Federal party participating in such an
agreement.
``(B) Certain data.--Information referred to in
paragraph (1) includes data (as defined in section
20151) that--
``(i) was first produced by the
Administration in the performance of any
designated activity (as defined in section
20150); and
``(ii) would be a trade secret or
commercial or financial information that is
privileged or confidential within the meaning
of section 552(b)(4) of title 5 if the data had
been obtained from a non-Federal party.''.
(c) Conforming Amendment.--The table of sections for chapter 201 of
title 51, United States Code, as amended by section 626, is further
amended by inserting after the item relating to section 20150 the
following:
``20151. Data rights.''.
SEC. 627. PAYMENTS RECEIVED FOR COMMERCIAL SPACE-ENABLED PRODUCTION ON
THE ISS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Administrator should determine a threshold for NASA
to recover the costs of supporting the commercial development
of products or services aboard the ISS, through the negotiation
of agreements, similar to agreements made by other Federal
agencies that support private sector innovation; and
(2) the amount of such costs that to be recovered or
profits collected through such agreements should be applied by
the Administrator through a tiered process, taking into
consideration the relative maturity and profitability of the
applicable product or service.
(b) In General.--Subchapter III of chapter 201 of title 51, United
States Code, as amended by section 627, is further amended by adding at
the end the following:
``Sec. 20152. Payments received for commercial space-enable production
``(a) Annual Review.--
``(1) In general.--Not later than one year after the date
of the enactment of this section, and annually thereafter, the
Administrator shall review the profitability of any partnership
with a private entity under a contract in which the
Administrator--
``(A) permits the use of the ISS by such private
entities to produce a commercial product or service;
and
``(B) provides the total unreimbursed cost of a
contribution by the Federal Government for the use of
Federal facilities, equipment, materials, proprietary
information of the Federal Government, or services of a
Federal employee during working hours, including the
cost for the Administration to carry out its
responsibilities under paragraphs (1) and (4) of
section 504(d) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C.
18354(d)).
``(2) Negotiation of reimbursements.--Subject to the review
described in paragraph (1), the Administrator shall seek to
enter into an agreement to negotiate reimbursements for
payments received, or portions of profits created, by any
mature, profitable private entity described in that paragraph,
as appropriate, through a tiered process that reflects the
profitability of the relevant product or service.
``(3) Use of funds.--Amounts received by the Administrator
in accordance with an agreement under paragraph (2) shall be
used by the Administrator in the following order of priority:
``(A) To defray the operating cost of the ISS.
``(B) To develop, implement, or operate future low-
Earth orbit platforms or capabilities.
``(C) To develop, implement, or operate future
human deep space platforms or capabilities.
``(D) Any other costs the Administrator considers
appropriate.
``(4) Report.--On completion of the first annual review
under paragraph (1), and annually thereafter, the Administrator
shall submit to the appropriate committees of Congress a report
that includes a description of the results of the annual
review, any agreement entered into under this section, and the
amounts recouped or obtained under any such agreement.
``(b) Licensing and Assignment of Inventions.--Notwithstanding
sections 3710a and 3710c of title 15 and any other provision of law,
after payment in accordance with subsection (A)(i) of such section
3710c(a)(1)(A)(i) to the inventors who have directly assigned to the
Federal Government their interests in an invention under a written
contract with the Administration or the ISS management entity for the
performance of a designated activity, the balance of any royalty or
other payment received by the Administrator or the ISS management
entity from licensing and assignment of such invention shall be paid by
the Administrator or the ISS management entity, as applicable, to the
Space Exploration Fund.
``(c) Space Exploration Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund, to be known as the `Space
Exploration Fund' (referred to in this subsection as the
`Fund'), to be administered by the Administrator.
``(2) Use of fund.--The Fund shall be available to carry
out activities described in subsection (a)(3).
``(3) Deposits.--There shall be deposited in the Fund--
``(A) amounts appropriated to the Fund;
``(B) fees and royalties collected by the
Administrator or the ISS management entity under
subsections (a) and (b); and
``(C) donations or contributions designated to
support authorized activities.
``(4) Rule of construction.--Amounts available to the
Administrator under this subsection shall be--
``(A) in addition to amounts otherwise made
available for the purpose described in paragraph (2);
and
``(B) available for a period of 5 years, to the
extent and in the amounts provided in annual
appropriation Acts.
``(d) Definitions.--
``(1) In general.--In this section, any term used in this
section that is also used in section 20150 shall have the
meaning given the term in that section.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation 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.''.
(c) Conforming Amendment.--The table of sections for chapter 201 of
title 51, United States Code, as amended by section and 626, is further
amended by inserting after the item relating to section 20151 the
following:
``20152. Payments received for commercial space-enabled production.''.
SEC. 628. STEPPING STONE APPROACH TO EXPLORATION.
(a) In General.--Section 70504 of title 51, United States Code, is
amended to read as follows:
``Sec. 70504. Stepping stone approach to exploration
``(a) In General.--The Administrator, in sustainable steps, may
conduct missions to intermediate destinations, such as the Moon, in
accordance with section 20302(b), and on a timetable determined by the
availability of funding, in order to achieve the objective of human
exploration of Mars specified in section 202(b)(5) of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18312(b)(5)), if the Administrator--
``(1) determines that each such mission demonstrates or
advances a technology or operational concept that will enable
human missions to Mars; and
``(2) 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).
``(b) Cislunar Space Exploration Activities.--In conducting a
mission under subsection (a), the Administrator shall--
``(1) use a combination of launches of the Space Launch
System and space transportation services from United States
commercial providers, as appropriate, for the mission;
``(2) 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; and
``(3) establish an outpost in orbit around the Moon that--
``(A) demonstrates technologies, systems, and
operational concepts directly applicable to the space
vehicle that will be used to transport humans to Mars;
``(B) has the capability for periodic human
habitation; and
``(C) can function as a point of departure, return,
or staging for Administration or nongovernmental or
international partner missions to multiple locations on
the lunar surface or other destinations.
``(c) Cost-effectiveness.--To maximize the cost-effectiveness of
the long-term space exploration and utilization activities of the
United States, the Administrator shall take all necessary steps,
including engaging nongovernmental and international partners, to
ensure that activities in the Administration's human space exploration
program are balanced in order to help meet the requirements of future
exploration and utilization activities leading to human habitation on
the surface of Mars.
``(d) Completion.--Within budgetary considerations, once an
exploration-related project enters its development phase, the
Administrator shall seek, to the maximum extent practicable, to
complete that project without undue delay.
``(e) International Participation.--To achieve the goal of
successfully conducting a crewed mission to the surface of Mars, the
Administrator shall invite the partners in the ISS program and other
nations, as appropriate, to participate in an international initiative
under the leadership of the United States.''.
(b) Definition of Cislunar Space.--Section 10101 of title 51,
United States Code, is amended by adding at the end the following:
``(3) 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.''.
(c) Technical and Conforming Amendments.--Section 3 of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18302) is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) Appropriate committees of congress.--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.
``(3) 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.''.
SEC. 629. 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''.
PART III--SCIENCE
SEC. 631. SCIENCE PRIORITIES.
(a) Sense of Congress on Science Portfolio.--Congress reaffirms 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 Administrator should set science priorities by
following the guidance provided by the scientific community
through the decadal surveys of the National Academies of
Sciences, Engineering, and Medicine.
(b) National Academies Decadal Surveys.--Section 20305(c) of title
51, United States Code, is amended--
(1) by striking ``The Administrator shall'' and inserting
the following:
``(1) Reexamination of priorities by national academies.--
The Administrator shall''; and
(2) by adding at the end the following:
``(2) Reexamination of priorities by administrator.--If the
Administrator decides to reexamine the applicability of the
priorities of the decadal surveys to the missions and
activities of the Administration due to scientific discoveries
or external factors, the Administrator shall consult with the
relevant committees of the National Academies.''.
SEC. 632. LUNAR DISCOVERY PROGRAM.
(a) In General.--The Administrator may carry out a program to
conduct lunar science research, including missions to the surface of
the Moon, that materially contributes to the objective described in
section 20102(d)(1) of title 51, United States Code.
(b) Commercial Landers.--In carrying out the program under
subsection (a), the Administrator shall procure the services of
commercial landers developed primarily by United States industry to
land science payloads of all classes on the lunar surface.
(c) Lunar Science Research.--The Administrator shall ensure that
lunar science research carried out under subsection (a) is consistent
with recommendations made by the National Academies of Sciences,
Engineering, and Medicine.
(d) Lunar Polar Volatiles.--In carrying out the program under
subsection (a), the Administrator shall, at the earliest opportunity,
consider mission proposals to evaluate the potential of lunar polar
volatiles to contribute to sustainable lunar exploration.
SEC. 633. 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 the
key scientific questions and methods for fulfilling the
objective of NASA to 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 proof of the
existence or historical existence of life beyond Earth in
support of 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) Technosignatures.--In carrying out the program under
paragraph (1), the Administrator shall support activities to
search for and analyze technosignatures.
(5) Instrumentation and sensor technology.--In carrying out
the program under paragraph (1), the Administrator may
strategically invest in the development of new instrumentation
and sensor technology.
SEC. 634. JAMES WEBB SPACE TELESCOPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the James Webb Space Telescope will be the next premier
observatory in space and has great potential to further
scientific study and assist scientists in making new
discoveries in the field of astronomy;
(2) the James Webb Space Telescope was developed as an
ambitious project with a scope that was not fully defined at
inception and with risk that was not fully known or understood;
(3) despite the major technology development and innovation
that was needed to construct the James Webb Space Telescope,
major negative impacts to the cost and schedule of the James
Webb Space Telescope resulted from poor program management and
poor contractor performance;
(4) the Administrator should take into account the lessons
learned from the cost and schedule issues relating to the
development of the James Webb Space Telescope in making
decisions regarding the scope of and the technologies needed
for future scientific missions; and
(5) in selecting future scientific missions, the
Administrator should take into account the impact that large
programs that overrun cost and schedule estimates may have on
other NASA programs in earlier phases of development.
(b) Project Continuation.--The Administrator shall continue--
(1) to closely track the cost and schedule performance of
the James Webb Space Telescope project; and
(2) to improve the reliability of cost estimates and
contractor performance data throughout the remaining
development of the James Webb Space Telescope.
(c) Revised Estimate.--Due to delays to the James Webb Space
Telescope project resulting from the COVID-19 pandemic, the
Administrator shall provide to Congress--
(1) an estimate of any increase to program development
costs, if such costs are anticipated to exceed $8,802,700,000;
and
(2) an estimate for a revised launch date.
SEC. 635. WIDE-FIELD INFRARED SURVEY TELESCOPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) major growth in the cost of astrophysics flagship-class
missions has impacted the overall portfolio balance of the
Science Mission Directorate; and
(2) the Administrator should continue to develop the Wide-
Field Infrared Survey Telescope with a development cost of not
more than $3,200,000,000.
(b) Project Continuation.--The Administrator shall continue to
develop the Wide-Field Infrared Survey Telescope to meet the objectives
outlined in the 2010 decadal survey on astronomy and astrophysics of
the National Academies of Sciences, Engineering, and Medicine in a
manner that maximizes scientific productivity based on the resources
invested.
SEC. 636. STUDY ON SATELLITE SERVICING FOR SCIENCE MISSIONS.
(a) In General.--The Administrator shall conduct a study on the
feasibility of using in-space robotic refueling, repair, or
refurbishment capabilities to extend the useful life of telescopes and
other science missions that are operational or in development as of the
date of the enactment of this Act.
(b) Elements.--The study conducted under subsection (a) shall
include the following:
(1) An identification of the technologies and in-space
testing required to demonstrate the in-space robotic refueling,
repair, or refurbishment capabilities described in that
subsection.
(2) The projected cost of using such capabilities,
including the cost of extended operations for science missions
described in that subsection.
(c) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall provide to the
appropriate committees of Congress a briefing on the results of the
study conducted under subsection (a).
(d) Public Availability.--Not later than 30 days after the
Administrator provides the briefing under subsection (c), the
Administrator shall make the study conducted under subsection (a)
available to the public.
SEC. 637. EARTH SCIENCE MISSIONS AND PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that the Earth
Science Division of NASA plays an important role in national efforts--
(1) to collect and use Earth observations in service to
society; and
(2) to understand global change.
(b) 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.
SEC. 638. LIFE SCIENCE AND PHYSICAL SCIENCE RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the 2011 decadal survey on biological and physical
sciences in space identifies--
(A) many areas in which fundamental scientific
research is needed to efficiently advance the range of
human activities in space, from the first stages of
exploration to eventual economic development; and
(B) many areas of basic and applied scientific
research that could use the microgravity, radiation,
and other aspects of the spaceflight environment to
answer fundamental scientific questions;
(2) given the central role of life science and physical
science research in developing the future of space exploration,
NASA should continue to invest strategically in such research
to maintain United States leadership in space exploration; and
(3) such research remains important to the objectives of
NASA with respect to long-duration deep space human exploration
to the Moon and Mars.
(b) Program Continuation.--
(1) In general.--In support of the goals described in
section 20302 of title 51, United States Code, the
Administrator shall continue to implement a collaborative,
multidisciplinary life science and physical science fundamental
research program--
(A) to build a scientific foundation for the
exploration and development of space;
(B) to investigate the mechanisms of changes to
biological systems and physical systems, and the
environments of those systems in space, including the
effects of long-duration exposure to deep space-related
environmental factors on those systems;
(C) to understand the effects of combined deep
space radiation and altered gravity levels on
biological systems so as to inform the development and
testing of potential countermeasures;
(D) to understand physical phenomena in reduced
gravity that affect design and performance of enabling
technologies necessary for the space exploration
program;
(E) to provide scientific opportunities to educate,
train, and develop the next generation of researchers
and engineers; and
(F) to provide state-of-the-art data repositories
and curation of large multi-data sets to enable
comparative research analyses.
(2) Elements.--The program under paragraph (1) shall--
(A) include fundamental research relating to life
science, space bioscience, and physical science; and
(B) maximize intra-agency and interagency
partnerships to advance space exploration, scientific
knowledge, and benefits to Earth.
(3) Use of facilities.--In carrying out the program under
paragraph (1), the Administrator may use ground-based, air-
based, and space-based facilities in low-Earth orbit and beyond
low-Earth orbit.
SEC. 639. SCIENCE MISSIONS TO MARS.
(a) In General.--The Administrator shall conduct 1 or more science
missions to Mars to enable the selection of 1 or more sites for human
landing.
(b) Sample Program.--The Administrator may carry out a program--
(1) to collect samples from the surface of Mars; and
(2) to return such samples to Earth for scientific
analysis.
(c) Use of Existing Capabilities and Assets.--In carrying out this
section, the Administrator shall, to the maximum extent practicable,
use existing capabilities and assets of NASA centers.
SEC. 640. 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 current planetary defense strategy of NASA
acknowledges that such goal will 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 cannot accomplish such goal with currently
available assets;
(B) 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
(C) 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) Establishment of Planetary Defense Coordination Office.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall establish an
office within the Planetary Science Division of the Science
Mission Directorate, to be known as the ``Planetary Defense
Coordination Office'', 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) Activities.--The Administrator shall--
(A) develop and, not later than September 30, 2025,
launch a space-based infrared survey telescope that is
capable of detecting near-Earth objects equal to or
greater than 140 meters in diameter, with preference
given to planetary missions selected by the
Administrator as of the date of the enactment of this
Act to pursue concept design studies relating to the
development of a space-based infrared survey telescope;
(B) identify, track, and characterize potentially
hazardous near-Earth objects and issue warnings of the
effects of potential impacts of such objects; and
(C) assist in coordinating Government planning for
response to a potential impact of a near-Earth object.
(c) 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 2021, 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
640(b)(1) of the National Aeronautics and Space Administration
Authorization Act of 2021 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 640 (b)(2)(A) of the
National Aeronautics and Space Administration Authorization Act
of 2021 .
``(3) An assessment of the progress toward meeting the
requirements of subsection (d)(1).
``(4) A description of the status of efforts to coordinate
planetary defense activities in response to a threat posed by a
near-Earth object with other Federal agencies since the date of
enactment of the National Aeronautics and Space Administration
Authorization Act of 2021 .
``(5) A description of the status of efforts to coordinate
and cooperate with other countries to discover 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.
``(6) 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 2021.''.
(d) Limitation on Use of Funds.--None of the amounts authorized to
be appropriated by this subtitle for a fiscal year may be obligated or
expended for the Office of the Administrator during the last 3 months
of that fiscal year unless the Administrator submits the report for
that fiscal year required by 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.).
(e) Near-Earth Object Defined.--In this section, the term ``near-
Earth object'' means an asteroid or comet with a perihelion distance of
less than 1.3 Astronomical Units from the Sun.
SEC. 641. SUBORBITAL SCIENCE FLIGHTS.
(a) Sense of Congress.--It is the sense of Congress that
commercially available suborbital flight platforms enable low-cost
access to a microgravity environment to advance science and train
scientists and engineers under the Suborbital Research Program
established under section 802(c) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18382(c)).
(b) Report.--
(1) In general.--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 evaluating the
manner in which suborbital flight platforms can contribute to
meeting the science objectives of NASA for the Science Mission
Directorate and the Human Exploration and Operations Mission
Directorate.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the advantages of suborbital
flight platforms to meet science objectives.
(B) An evaluation of the challenges to greater use
of commercial suborbital flight platforms for science
purposes.
(C) An analysis of whether commercial suborbital
flight platforms can provide low-cost flight
opportunities to test lunar and Mars science payloads.
SEC. 642. EARTH SCIENCE DATA AND OBSERVATIONS.
(a) In General.--The Administrator shall to the maximum extent
practicable, make available to the public in an easily accessible
electronic database all data (including metadata, documentation,
models, data processing methods, images, and research results) of the
missions and programs of the Earth Science Division of the
Administration, or any successor division.
(b) Open Data Program.--In carrying out subsection (a), the
Administrator shall establish and continue to operate an open data
program that--
(1) is consistent with the greatest degree of
interactivity, interoperability, and accessibility; and
(2) enables outside communities, including the research and
applications community, private industry, academia, and the
general public, to effectively collaborate in areas important
to--
(A) studying the Earth system and improving the
prediction of Earth system change; and
(B) improving model development, data assimilation
techniques, systems architecture integration, and
computational efficiencies; and
(3) meets basic end-user requirements for running on public
computers and networks located outside of secure Administration
information and technology systems.
(c) Hosting.--The program under subsection (b) shall use, as
appropriate and cost-effective, innovative strategies and methods for
hosting and management of part or all of the program, including cloud-
based computing capabilities.
(d) Rule of Construction.--Nothing in this section shall be
interpreted to require the Administrator to release classified,
proprietary, or otherwise restricted information that would be harmful
to the national security of the United States.
SEC. 643. SENSE OF CONGRESS ON SMALL SATELLITE SCIENCE.
It is the sense of Congress that--
(1) small satellites--
(A) are increasingly robust, effective, and
affordable platforms for carrying out space science
missions;
(B) can work in tandem with or augment larger NASA
spacecraft to support high-priority science missions of
NASA; and
(C) are cost effective solutions that may allow
NASA to continue collecting legacy observations while
developing next-generation science missions; and
(2) NASA should continue to support small satellite
research, development, technologies, and programs, including
technologies for compact and lightweight instrumentation for
small satellites.
SEC. 644. SENSE OF CONGRESS ON COMMERCIAL SPACE SERVICES.
It is the sense of Congress that--
(1) the Administration should explore partnerships with the
commercial space industry for space science missions in and
beyond Earth orbit, including partnerships relating to payload
and instrument hosting and commercially available datasets; and
(2) such partnerships could result in increased mission
cadence, technology advancement, and cost savings for the
Administration.
SEC. 645. PROCEDURES FOR IDENTIFYING AND ADDRESSING ALLEGED VIOLATIONS
OF SCIENTIFIC INTEGRITY POLICY.
Not later than 180 days after the date of the enactment of this
Act, the Administrator shall develop and document procedures for
identifying and addressing alleged violations of the scientific
integrity policy of NASA.
PART IV--AERONAUTICS
SEC. 646. SHORT TITLE.
This part may be cited as the ``Aeronautics Innovation Act''.
SEC. 647. DEFINITIONS.
In this part:
(1) Aeronautics strategic implementation plan.--The term
``Aeronautics Strategic Implementation Plan'' means the
Aeronautics Strategic Implementation Plan issued by the
Aeronautics Research Mission Directorate.
(2) 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.
(3) X-plane.--The term ``X-plane'' means an experimental
aircraft that is--
(A) used to test and evaluate a new technology or
aerodynamic concept; and
(B) operated by NASA or the Department of Defense.
SEC. 648. 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 NASA;
(2) large-scale piloted flight test experimentation and
validation are necessary for--
(A) transitioning new technologies and materials,
including associated manufacturing processes, for
general aviation, commercial aviation, and military
aeronautics use; and
(B) capturing the full extent of benefits from
investments made by the Aeronautics Research Mission
Directorate in priority programs called for in--
(i) the National Aeronautics Research and
Development Plan issued by the National Science
and Technology Council in February 2010;
(ii) the NASA 2014 Strategic Plan;
(iii) the Aeronautics Strategic
Implementation Plan; and
(iv) any updates to the programs called for
in the plans described in clauses (i) through
(iii);
(3) a level of funding that adequately supports large-scale
piloted flight test experimentation and validation, including
related infrastructure, should be ensured over a sustained
period of time to restore the capacity of NASA--
(A) to see legacy priority programs through to
completion; and
(B) to achieve national economic and security
objectives; and
(4) NASA should not be directly involved in the Type
Certification of aircraft for current and future scheduled
commercial air service under part 121 or 135 of title 14, Code
of Federal Regulations, that would result in reductions in crew
augmentation or single pilot or autonomously operated aircraft.
(b) Statement of Policy.--It is the policy of the United States--
(1) to maintain world leadership in--
(A) military and civilian aeronautical science and
technology;
(B) global air power projection; and
(C) aerospace industrialization; and
(2) to maintain as a fundamental objective of NASA
aeronautics research 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) Establishment and Continuation of X-plane Projects.--
(1) In general.--The Administrator shall establish or
continue to implement, in a manner that is consistent with the
roadmap for supersonic aeronautics research and development
required by section 604(b) of the National Aeronautics and
Space Administration Transition Authorization Act of 2017
(Public Law 115-10; 131 Stat. 55), the following projects:
(A) A low-boom supersonic aircraft project to
demonstrate supersonic aircraft designs and
technologies that--
(i) reduce sonic boom noise; and
(ii) assist the Administrator of the
Federal Aviation Administration in enabling--
(I) the safe commercial deployment
of civil supersonic aircraft
technology; and
(II) the safe and efficient
operation of civil supersonic aircraft.
(B) A subsonic flight demonstrator aircraft project
to advance high-aspect-ratio, thin-wing aircraft
designs and to integrate propulsion, composites, and
other technologies that enable significant increases in
energy efficiency and reduced life-cycle emissions in
the aviation system while reducing noise and emissions.
(C) A series of large-scale X-plane demonstrators
that are--
(i) developed sequentially or in parallel;
and
(ii) each based on a set of new
configuration concepts or technologies
determined by the Administrator to
demonstrate--
(I) aircraft and propulsion
concepts and technologies and related
advances in alternative propulsion and
energy; and
(II) flight propulsion concepts and
technologies.
(2) Elements.--For each project under paragraph (1), the
Administrator shall--
(A) include the development of X-planes 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
project;
(D) award any primary contracts for design,
procurement, and manufacturing to United States
persons, consistent with international obligations and
commitments;
(E) coordinate research and flight test
demonstration activities with other Federal agencies
and the United States aviation community, as the
Administrator considers appropriate; and
(F) ensure that the project is aligned with the
Aeronautics Strategic Implementation Plan and any
updates to the Aeronautics Strategic Implementation
Plan.
(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) 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 general aviation,
commercial aviation, and military 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 shall--
(A) build on work that was carried out by the
Advanced Composites Project of NASA;
(B) partner with the private and academic sectors,
such as members of the Advanced Composites Consortium
of NASA, 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 NASA;
(D) ensure adequate Federal cost share for
applicable research; and
(E) coordinate with advanced manufacturing and
composites initiatives in other mission directorates of
NASA, as the Administrator considers appropriate.
(e) Research Partnerships.--In carrying out the projects under
subsection (c) and a program under subsection (d), the Administrator
may engage in cooperative research programs with--
(1) academia; and
(2) commercial aviation and aerospace manufacturers.
SEC. 649. 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 align 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. 650. 21ST CENTURY AERONAUTICS CAPABILITIES INITIATIVE.
(a) In General.--The Administrator may establish an initiative, to
be known as the ``21st Century Aeronautics Capabilities Initiative'',
within the Construction and Environmental Compliance and Restoration
Account, to ensure that NASA possesses the infrastructure and
capabilities necessary to conduct proposed flight demonstration
projects across the range of NASA aeronautics interests.
(b) Activities.--In carrying out the 21st Century Aeronautics
Capabilities Initiative, the Administrator may carry out the following
activities:
(1) Any investments the Administrator considers necessary
to upgrade and create facilities for civil and national
security aeronautics research to support advancements in--
(A) long-term foundational science and technology;
(B) advanced aircraft systems;
(C) air traffic management systems;
(D) fuel efficiency;
(E) electric propulsion technologies;
(F) system-wide safety assurance;
(G) autonomous aviation; and
(H) supersonic and hypersonic aircraft design and
development.
(2) Any measures the Administrator considers necessary to
support flight testing activities, including--
(A) continuous refinement and development of free-
flight test techniques and methodologies;
(B) upgrades and improvements to real-time tracking
and data acquisition; and
(C) such other measures relating to aeronautics
research support and modernization as the Administrator
considers appropriate to carry out the scientific study
of the problems of flight, with a view to practical
solutions for such problems.
SEC. 651. SENSE OF CONGRESS ON ON-DEMAND AIR TRANSPORTATION.
It is the sense of Congress that--
(1) greater use of high-speed air transportation, small
airports, helipads, vertical flight infrastructure, and other
aviation-related infrastructure can alleviate surface
transportation congestion and support economic growth within
cities;
(2) with respect to urban air mobility and related
concepts, NASA should continue--
(A) to conduct research focused on concepts,
technologies, and design tools; and
(B) to support the evaluation of advanced
technologies and operational concepts that can be
leveraged by--
(i) industry to develop future vehicles and
systems; and
(ii) the Federal Aviation Administration to
support vehicle safety and operational
certification; and
(3) NASA should leverage ongoing efforts to develop
advanced technologies to actively support the research needed
for on-demand air transportation.
SEC. 652. SENSE OF CONGRESS ON HYPERSONIC TECHNOLOGY RESEARCH.
It is the sense of Congress that--
(1) hypersonic technology is critical to the development of
advanced high-speed aerospace vehicles for both civilian and
national security purposes;
(2) for hypersonic vehicles to be realized, research is
needed to overcome technical challenges, including in
propulsion, advanced materials, and flight performance in a
severe environment;
(3) NASA plays a critical role in supporting fundamental
hypersonic research focused on system design, analysis and
validation, and propulsion technologies;
(4) NASA research efforts in hypersonic technology should
complement research supported by the Department of Defense to
the maximum extent practicable, since contributions from both
agencies working in partnership with universities and industry
are necessary to overcome key technical challenges;
(5) previous coordinated research programs between NASA and
the Department of Defense enabled important progress on
hypersonic technology;
(6) the commercial sector could provide flight platforms
and other capabilities that are able to host and support NASA
hypersonic technology research projects; and
(7) in carrying out hypersonic technology research
projects, the Administrator should--
(A) focus research and development efforts on high-
speed propulsion systems, reusable vehicle
technologies, high-temperature materials, and systems
analysis;
(B) coordinate with the Department of Defense to
prevent duplication of efforts and of investments;
(C) include partnerships with universities and
industry to accomplish research goals; and
(D) maximize public-private use of commercially
available platforms for hosting research and
development flight projects.
PART V--SPACE TECHNOLOGY
SEC. 653. SPACE TECHNOLOGY MISSION DIRECTORATE.
(a) Sense of Congress.--It is the sense of Congress that an
independent Space Technology Mission Directorate is critical to
ensuring continued investments in the development of technologies for
missions across the portfolio of NASA, including science, aeronautics,
and human exploration.
(b) Space Technology Mission Directorate.--The Administrator shall
maintain a Space Technology Mission Directorate consistent with section
702 of the National Aeronautics and Space Administration Transition
Authorization Act of 2017 (51 U.S.C. 20301 note).
SEC. 654. FLIGHT OPPORTUNITIES PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
Administrator should provide flight opportunities for payloads to
microgravity environments and suborbital altitudes as required by
section 907(c) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18405(c)), as amended by
subsection (b).
(b) Establishment.--Section 907(c) of the National Aeronautics and
Space Administration Authorization Act of 2010 (42 U.S.C. 18405(c)) is
amended to read as follows:
``(c) Establishment.--
``(1) In general.--The Administrator shall establish a
Commercial Reusable Suborbital Research Program within the
Space Technology Mission Directorate to fund--
``(A) the development of payloads for scientific
research, technology development, and education;
``(B) flight opportunities for those payloads to
microgravity environments and suborbital altitudes; and
``(C) transition of those payloads to orbital
opportunities.
``(2) Commercial reusable vehicle flights.--In carrying out
the Commercial Reusable Suborbital Research Program, the
Administrator may fund engineering and integration
demonstrations, proofs of concept, and educational experiments
for flights of commercial reusable vehicles.
``(3) Commercial suborbital launch vehicles.--In carrying
out the Commercial Reusable Suborbital Research Program, the
Administrator may not fund the development of new commercial
suborbital launch vehicles.
``(4) Working with mission directorates.--In carrying out
the Commercial Reusable Suborbital Research Program, the
Administrator shall work with the mission directorates of NASA
to achieve the research, technology, and education goals of
NASA.''.
(c) Conforming Amendment.--Section 907(b) of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18405(b)) is amended, in the first sentence, by striking
``Commercial Reusable Suborbital Research Program in'' and inserting
``Commercial Reusable Suborbital Research Program established under
subsection (c)(1) within''.
SEC. 655. SMALL SPACECRAFT TECHNOLOGY PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the Small
Spacecraft Technology Program is important for conducting science and
technology validation for--
(1) short- and long-duration missions in low-Earth orbit;
(2) deep space missions; and
(3) deorbiting capabilities designed specifically for
smaller spacecraft.
(b) Accommodation of Certain Payloads.--In carrying out the Small
Spacecraft Technology Program, the Administrator shall, as the mission
risk posture and technology development objectives allow, accommodate
science payloads that further the goal of long-term human exploration
to the Moon and Mars.
SEC. 656. NUCLEAR PROPULSION TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that nuclear
propulsion is critical to the development of advanced spacecraft for
civilian and national defense purposes.
(b) Development; Studies.--The Administrator shall, in coordination
with the Secretary of Energy and the Secretary of Defense--
(1) continue to develop the fuel element design for NASA
nuclear propulsion technology;
(2) undertake the systems feasibility studies for such
technology; and
(3) partner with members of commercial industry to conduct
studies on such technology.
(c) Nuclear Propulsion Technology Demonstration.--
(1) Determination; report.--Not later than December 31,
2022, the Administrator shall--
(A) determine the correct approach for conducting a
flight demonstration of nuclear propulsion technology;
and
(B) submit to Congress a report on a plan for such
a demonstration.
(2) Demonstration.--Not later than December 31, 2026, the
Administrator shall conduct the flight demonstration described
in paragraph (1).
SEC. 657. MARS-FORWARD TECHNOLOGIES.
(a) Sense of Congress.--It is the sense of Congress that the
Administrator should pursue multiple technical paths for entry,
descent, and landing for Mars, including competitively selected
technology demonstration missions.
(b) Prioritization of Long-lead Technologies and Systems.--The
Administrator shall prioritize, within the Space Technology Mission
Directorate, research, testing, and development of long-lead
technologies and systems for Mars, including technologies and systems
relating to--
(1) entry, descent, and landing; and
(2) in-space propulsion, including nuclear propulsion,
cryogenic fluid management, in-situ large-scale additive
manufacturing, and electric propulsion (including solar
electric propulsion leveraging lessons learned from the power
and propulsion element of the lunar outpost) options.
(c) Technology Demonstration.--The Administrator may use low-Earth
orbit and cis-lunar missions, including missions to the lunar surface,
to demonstrate technologies for Mars.
SEC. 658. PRIORITIZATION OF LOW-ENRICHED URANIUM TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) space technology, including nuclear propulsion
technology and space surface power reactors, should be
developed in a manner consistent with broader United States
foreign policy, national defense, and space exploration and
commercialization priorities;
(2) highly enriched uranium presents security and nuclear
nonproliferation concerns;
(3) since 1977, based on the concerns associated with
highly enriched uranium, the United States has promoted the use
of low-enriched uranium over highly enriched uranium in
nonmilitary contexts, including research and commercial
applications;
(4) as part of United States efforts to limit international
use of highly enriched uranium, the United States has actively
pursued--
(A) since 1978, the conversion of domestic and
foreign research reactors that use highly enriched
uranium fuel to low-enriched uranium fuel and the
avoidance of any new research reactors that use highly
enriched uranium fuel; and
(B) since 1994, the elimination of international
commerce in highly enriched uranium for civilian
purposes; and
(5) the use of low-enriched uranium in place of highly
enriched uranium has security, nonproliferation, and economic
benefits, including for the national space program.
(b) Prioritization of Low-enriched Uranium Technology.--The
Administrator shall--
(1) establish, within the Space Technology Mission
Directorate, a program for the research, testing, and
development of in-space reactor designs, including a surface
power reactor, that uses low-enriched uranium fuel; and
(2) prioritize the research, demonstration, and deployment
of such designs over designs using highly enriched uranium
fuel.
(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--
(1) details the actions taken to implement subsection (b);
and
(2) identifies a plan and timeline under which such
subsection will be implemented.
(d) Definitions.--In this section:
(1) Highly enriched uranium.--The term ``highly enriched
uranium'' means uranium having an assay of 20 percent or
greater of the uranium-235 isotope.
(2) 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.
SEC. 659. SENSE OF CONGRESS ON NEXT-GENERATION COMMUNICATIONS
TECHNOLOGY.
It is the sense of Congress that--
(1) optical communications technologies--
(A) will be critical to the development of next-
generation space-based communications networks;
(B) have the potential to allow NASA to expand the
volume of data transmissions in low-Earth orbit and
deep space; and
(C) may provide more secure and cost-effective
solutions than current radio frequency communications
systems;
(2) quantum encryption technology has promising
implications for the security of the satellite and terrestrial
communications networks of the United States, including optical
communications networks, and further research and development
by NASA with respect to quantum encryption is essential to
maintaining the security of the United States and United States
leadership in space; and
(3) in order to provide NASA with more secure and reliable
space-based communications, the Space Communications and
Navigation program office of NASA should continue--
(A) to support research on and development of
optical communications; and
(B) to develop quantum encryption capabilities,
especially as those capabilities apply to optical
communications networks.
SEC. 660. LUNAR SURFACE TECHNOLOGIES.
(a) Sense of Congress.--It is the sense of Congress that the
Administrator should--
(1) identify and develop the technologies needed to live on
and explore the lunar surface and prepare for future operations
on Mars;
(2) convene teams of experts from academia, industry, and
government to shape the technology development priorities of
the Administration for lunar surface exploration and
habitation; and
(3) establish partnerships with researchers, universities,
and the private sector to rapidly develop and deploy
technologies required for successful lunar surface exploration.
(b) Development and Demonstration.--The Administrator shall carry
out a program, within the Space Technology Mission Directorate, to
conduct technology development and demonstrations to enable human and
robotic exploration on the lunar surface.
(c) Research Consortium.--The Administrator shall establish a
consortium consisting of experts from academia, industry, and
government--
(1) to assist the Administrator in developing a cohesive,
executable strategy for the development and deployment of
technologies required for successful lunar surface exploration;
and
(2) to identify specific technologies relating to lunar
surface exploration that--
(A) should be developed to facilitate such
exploration; or
(B) require future research and development.
(d) Research Awards.--
(1) In general.--The Administrator may task any member of
the research consortium established under subsection (c) with
conducting research and development with respect to a
technology identified under paragraph (2) of that subsection.
(2) Standard process for arrangements.--
(A) In general.--The Administrator shall develop a
standard process by which a consortium member tasked
with research and development under paragraph (1) may
enter into a formal arrangement with the Administrator
to carry out such research and development, such as an
arrangement under section 666 or 667.
(B) Report.--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 the one or more types of arrangement the
Administrator intends to enter into under this
subsection.
PART VI--STEM ENGAGEMENT
SEC. 661. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) NASA serves as a source of inspiration to the people of
the United States; and
(2) NASA is uniquely positioned to help increase student
interest in science, technology, engineering, and math;
(3) engaging students, and providing hands-on experience at
an early age, in science, technology, engineering, and math are
important aspects of ensuring and promoting United States
leadership in innovation; and
(4) NASA should strive to leverage its unique position--
(A) to increase kindergarten through grade 12
involvement in NASA projects;
(B) to enhance higher education in STEM fields in
the United States;
(C) to support individuals who are underrepresented
in science, technology, engineering, and math fields,
such as women, minorities, and individuals in rural
areas; and
(D) to provide flight opportunities for student
experiments and investigations.
SEC. 662. STEM EDUCATION ENGAGEMENT ACTIVITIES.
(a) In General.--The Administrator shall continue to provide
opportunities for formal and informal STEM education engagement
activities within the Office of NASA STEM Engagement and other NASA
directorates, including--
(1) the Established Program to Stimulate Competitive
Research;
(2) the Minority University Research and Education Project;
and
(3) the National Space Grant College and Fellowship
Program.
(b) Leveraging NASA National Programs to Promote STEM Education.--
The Administrator, in partnership with museums, nonprofit
organizations, and commercial entities, shall, to the maximum extent
practicable, leverage human spaceflight missions, Deep Space
Exploration Systems (including the Space Launch System, Orion, and
Exploration Ground Systems), and NASA science programs to engage
students at the kindergarten through grade 12 and higher education
levels to pursue learning and career opportunities in STEM fields.
(c) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall brief the appropriate
committees of Congress on--
(1) the status of the programs described in subsection (a);
and
(2) the manner by which each NASA STEM education engagement
activity is organized and funded.
(d) STEM Education Defined.--In this section, the term ``STEM
education'' has the meaning given the term in section 2 of the STEM
Education Act of 2015 (Public Law 114-59; 42 U.S.C. 6621 note).
SEC. 663. SKILLED TECHNICAL EDUCATION OUTREACH PROGRAM.
(a) Establishment.--The Administrator shall establish a program to
conduct outreach to secondary school students--
(1) to expose students to careers that require career and
technical education; and
(2) to encourage students to pursue careers that require
career and technical education.
(b) Outreach Plan.--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 the outreach program
under subsection (a) that includes--
(1) an implementation plan;
(2) a description of the resources needed to carry out the
program; and
(3) any recommendations on expanding outreach to secondary
school students interested in skilled technical occupations.
(c) Systems Observation.--
(1) In general.--The Administrator shall develop a program
and associated policies to allow students from accredited
educational institutions to view the manufacturing, assembly,
and testing of NASA-funded space and aeronautical systems, as
the Administrator considers appropriate.
(2) Considerations.--In developing the program and policies
under paragraph (1), the Administrator shall take into
consideration factors such as workplace safety, mission needs,
and the protection of sensitive and proprietary technologies.
SEC. 664. NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM.
(a) Purposes.--Section 40301 of title 51, United States Code, is
amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by adding ``and'' after
the semicolon at the end; and
(C) by adding at the end the following:
``(D) promote equally the State and regional STEM
interests of each space grant consortium;''; and
(2) in paragraph (4), by striking ``made up of university
and industry members, in order to advance'' and inserting
``comprised of members of universities in each State and other
entities, such as 2-year colleges, industries, science learning
centers, museums, and government entities, to advance''.
(b) Definitions.--Section 40302 of title 51, United States Code, is
amended--
(1) by striking paragraph (3);
(2) by inserting after paragraph (2) the following:
``(3) Lead institution.--The term `lead institution' means
an entity in a State that--
``(A) was designated by the Administrator under
section 40306, as in effect on the day before the date
of the enactment of the National Aeronautics and Space
Administration Authorization Act of 2021; or
``(B) is designated by the Administrator under
section 40303(d)(3).'';
(3) in paragraph (4), by striking ``space grant college,
space grant regional consortium, institution of higher
education,'' and inserting ``lead institution, space grant
consortium,'';
(4) by striking paragraphs (6), (7), and (8);
(5) by inserting after paragraph (5) the following:
``(6) Space grant consortium.--The term `space grant
consortium' means a State-wide group, led by a lead
institution, that has established partnerships with other
academic institutions, industries, science learning centers,
museums, and government entities to promote a strong
educational base in the space and aeronautical sciences.'';
(6) by redesignating paragraph (9) as paragraph (7);
(7) in paragraph (7)(B), as so redesignated, by inserting
``and aeronautics'' after ``space'';
(8) by striking paragraph (10); and
(9) by adding at the end the following:
``(8) STEM.--The term `STEM' means science, technology,
engineering, and mathematics.''.
(c) Program Objective.--Section 40303 of title 51, United States
Code, is amended--
(1) by striking subsections (d) and (e);
(2) by redesignating subsection (c) as subsection (e); and
(3) by striking subsection (b) and inserting the following:
``(b) Program Objective.--
``(1) In general.--The Administrator shall carry out the
national space grant college and fellowship program with the
objective of providing hands-on research, training, and
education programs with measurable outcomes in each State,
including programs to provide--
``(A) internships, fellowships, and scholarships;
``(B) interdisciplinary hands-on mission programs
and design projects;
``(C) student internships with industry or
university researchers or at centers of the
Administration;
``(D) faculty and curriculum development
initiatives;
``(E) university-based research initiatives
relating to the Administration and the STEM workforce
needs of each State; or
``(F) STEM engagement programs for kindergarten
through grade 12 teachers and students.
``(2) Program priorities.--In carrying out the objective
described in paragraph (1), the Administrator shall ensure that
each program carried out by a space grant consortium under the
national space grant college and fellowship program balances
the following priorities:
``(A) The space and aeronautics research needs of
the Administration, including the mission directorates.
``(B) The need to develop a national STEM
workforce.
``(C) The STEM workforce needs of the State.
``(c) Program Administered Through Space Grant Consortia.--The
Administrator shall carry out the national space grant college and
fellowship program through the space grant consortia.
``(d) Suspension; Termination; New Competition.--
``(1) Suspension.--The Administrator may, for cause and
after an opportunity for hearing, suspend a lead institution
that was designated by the Administrator under section 40306,
as in effect on the day before the date of the enactment of the
National Aeronautics and Space Administration Authorization Act
of 2021.
``(2) Termination.--If the issue resulting in a suspension
under paragraph (1) is not resolved within a period determined
by the Administrator, the Administrator may terminate the
designation of the entity as a lead institution.
``(3) New competition.--If the Administrator terminates the
designation of an entity as a lead institution, the
Administrator may initiate a new competition in the applicable
State for the designation of a lead institution.''.
(d) Grants.--Section 40304 of title 51, United States Code, is
amended to read as follows:
``Sec. 40304. Grants
``(a) Eligible Space Grant Consortium Defined.--In this section,
the term `eligible space grant consortium' means a space grant
consortium that the Administrator has determined--
``(1) has the capability and objective to carry out not
fewer than 3 of the 6 programs under section 40303(b)(1);
``(2) will carry out programs that balance the priorities
described in section 40303(b)(2); and
``(3) is engaged in research, training, and education
relating to space and aeronautics.
``(b) Grants.--
``(1) In general.--The Administrator shall award grants to
the lead institutions of eligible space grant consortia to
carry out the programs under section 40303(b)(1).
``(2) Request for proposals.--
``(A) In general.--On the expiration of existing
cooperative agreements between the Administration and
the space grant consortia, the Administrator shall
issue a request for proposals from space grant
consortia for the award of grants under this section.
``(B) Applications.--A lead institution of a space
grant consortium that seeks a grant under this section
shall submit, on behalf of such space grant consortium,
an application to the Administrator at such time, in
such manner, and accompanied by such information as the
Administrator may require.
``(3) Grant awards.--The Administrator shall award 1 or
more 5-year grants, disbursed in annual installments, to the
lead institution of the eligible space grant consortium of--
``(A) each State;
``(B) the District of Columbia; and
``(C) the Commonwealth of Puerto Rico.
``(4) Use of funds.--A grant awarded under this section
shall be used by an eligible space grant consortium to carry
out not fewer than 3 of the 6 programs under section
40303(b)(1).
``(c) Allocation of Funding.--
``(1) Program implementation.--
``(A) In general.--To carry out the objective
described in section 40303(b)(1), of the funds made
available each fiscal year for the national space grant
college and fellowship program, the Administrator shall
allocate not less than 85 percent as follows:
``(i) The 52 eligible space grant consortia
shall each receive an equal share.
``(ii) The territories of Guam and the
United States Virgin Islands shall each receive
funds equal to approximately \1/5\ of the share
for each eligible space grant consortia.
``(B) Matching requirement.--Each eligible space
grant consortium shall match the funds allocated under
subparagraph (A)(i) on a basis of not less than 1 non-
Federal dollar for every 1 Federal dollar, except that
any program funded under paragraph (3) or any program
to carry out 1 or more internships or fellowships shall
not be subject to that matching requirement.
``(2) Program administration.--
``(A) In general.--Of the funds made available each
fiscal year for the national space grant college and
fellowship program, the Administrator shall allocate
not more than 10 percent for the administration of the
program.
``(B) Costs covered.--The funds allocated under
subparagraph (A) shall cover all costs of the
Administration associated with the administration of
the national space grant college and fellowship
program, including--
``(i) direct costs of the program,
including costs relating to support services
and civil service salaries and benefits;
``(ii) indirect general and administrative
costs of centers and facilities of the
Administration; and
``(iii) indirect general and administrative
costs of the Administration headquarters.
``(3) Special programs.--Of the funds made available each
fiscal year for the national space grant college and fellowship
program, the Administrator shall allocate not more than 5
percent to the lead institutions of space grant consortia
established as of the date of the enactment of the National
Aeronautics and Space Administration Authorization Act of 2021
for grants to carry out innovative approaches and programs to
further science and education relating to the missions of the
Administration and STEM disciplines.
``(d) Terms and Conditions.--
``(1) Limitations.--Amounts made available through a grant
under this section may not be applied to--
``(A) the purchase of land;
``(B) the purchase, construction, preservation, or
repair of a building; or
``(C) the purchase or construction of a launch
facility or launch vehicle.
``(2) Leases.--Notwithstanding paragraph (1), land,
buildings, launch facilities, and launch vehicles may be leased
under a grant on written approval by the Administrator.
``(3) Records.--
``(A) In general.--Any person that receives or uses
the proceeds of a grant under this section shall keep
such records as the Administrator shall by regulation
prescribe as being necessary and appropriate to
facilitate effective audit and evaluation, including
records that fully disclose the amount and disposition
by a recipient of such proceeds, the total cost of the
program or project in connection with which such
proceeds were used, and the amount, if any, of such
cost that was provided through other sources.
``(B) Maintenance of records.--Records under
subparagraph (A) shall be maintained for not less than
3 years after the date of completion of such a program
or project.
``(C) Access.--For the purpose of audit and
evaluation, the Administrator and the Comptroller
General of the United States shall have access to any
books, documents, papers, and records of receipts
relating to a grant under this section, as determined
by the Administrator or Comptroller General.''.
(e) Program Streamlining.--Title 51, United States Code, is
amended--
(1) by striking sections 40305 through 40308, 40310, and
40311; and
(2) by redesignating section 40309 as section 40305.
(f) Conforming Amendment.--The table of sections at the beginning
of chapter 403 of title 51, United States Code, is amended by striking
the items relating to sections 40304 through 40311 and inserting the
following:
``40304. Grants.
``40305. Availability of other Federal personnel and data.''.
PART VII--WORKFORCE AND INDUSTRIAL BASE
SEC. 665. APPOINTMENT AND COMPENSATION PILOT PROGRAM.
(a) Definition of Covered Provisions.--In this section, the term
``covered provisions'' means the provisions of title 5, United States
Code, other than--
(1) section 2301 of that title;
(2) section 2302 of that title;
(3) chapter 71 of that title;
(4) section 7204 of that title; and
(5) chapter 73 of that title.
(b) Establishment.--There is established a 3-year pilot program
under which, notwithstanding section 20113 of title 51, United States
Code, the Administrator may, with respect to not more than 3,000
designated personnel--
(1) appoint and manage such designated personnel of the
Administration, without regard to the covered provisions; and
(2) fix the compensation of such designated personnel of
the Administration, without regard to chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, at a rate
that does not exceed the per annum rate of salary of the Vice
President of the United States under section 104 of title 3,
United States Code.
(c) Administrator Responsibilities.--In carrying out the pilot
program established under subsection (b), the Administrator shall
ensure that the pilot program--
(1) uses--
(A) state-of-the-art recruitment techniques;
(B) simplified classification methods with respect
to personnel of the Administration; and
(C) broad banding; and
(2) offers--
(A) competitive compensation; and
(B) the opportunity for career mobility.
SEC. 666. ESTABLISHMENT OF MULTI-INSTITUTION CONSORTIA.
(a) In General.--The Administrator, pursuant to section
2304(c)(3)(B) of title 10, United States Code, may--
(1) establish one or more multi-institution consortia to
facilitate access to essential engineering, research, and
development capabilities in support of NASA missions;
(2) use such a consortium to fund technical analyses and
other engineering support to address the acquisition,
technical, and operational needs of NASA centers; and
(3) ensure such a consortium--
(A) is held accountable for the technical quality
of the work product developed under this section; and
(B) convenes disparate groups to facilitate public-
private partnerships.
(b) Policies and Procedures.--The Administrator shall develop and
implement policies and procedures to govern, with respect to the
establishment of a consortium under subsection (a)--
(1) the selection of participants;
(2) the award of cooperative agreements or other contracts;
(3) the appropriate use of competitive awards and sole
source awards; and
(4) technical capabilities required.
(c) Eligibility.--The following entities shall be eligible to
participate in a consortium established under subsection (a):
(1) An institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)).
(2) An operator of a federally funded research and
development center.
(3) A nonprofit or not-for-profit research institution.
(4) A consortium composed of--
(A) an entity described in paragraph (1), (2), or
(3); and
(B) one or more for-profit entities.
SEC. 667. EXPEDITED ACCESS TO TECHNICAL TALENT AND EXPERTISE.
(a) In General.--The Administrator may--
(1) establish one or more multi-institution task order
contracts, consortia, cooperative agreements, or other
arrangements to facilitate expedited access to eligible
entities in support of NASA missions; and
(2) use such a multi-institution task order contract,
consortium, cooperative agreement, or other arrangement to fund
technical analyses and other engineering support to address the
acquisition, technical, and operational needs of NASA centers.
(b) Consultation With Other NASA-affiliated Entities.--To ensure
access to technical expertise and reduce costs and duplicative efforts,
a multi-institution task order contract, consortium, cooperative
agreement, or any other arrangement established under subsection (a)(1)
shall, to the maximum extent practicable, be carried out in
consultation with other NASA-affiliated entities, including federally
funded research and development centers, university-affiliated research
centers, and NASA laboratories and test centers.
(c) Policies and Procedures.--The Administrator shall develop and
implement policies and procedures to govern, with respect to the
establishment of a multi-institution task order contract, consortium,
cooperative agreement, or any other arrangement under subsection
(a)(1)--
(1) the selection of participants;
(2) the award of task orders;
(3) the maximum award size for a task;
(4) the appropriate use of competitive awards and sole
source awards; and
(5) technical capabilities required.
(d) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means--
(1) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002));
(2) an operator of a federally funded research and
development center;
(3) a nonprofit or not-for-profit research institution; and
(4) a consortium composed of--
(A) an entity described in paragraph (1), (2), or
(3); and
(B) one or more for-profit entities.
SEC. 668. REPORT ON INDUSTRIAL BASE FOR CIVIL SPACE MISSIONS AND
OPERATIONS.
(a) 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.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A comprehensive description of the current status of
the United States industrial base for NASA civil space missions
and operations.
(2) 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.
(3) A description and assessment of various mechanisms to
address and mitigate the weaknesses described pursuant to
paragraph (2).
(4) 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.
(5) An assessment of--
(A) the defense and aerospace manufacturing supply
chains relevant to NASA in each region of the United
States; and
(B) 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.
(6) Such other matters relating to the United States
industrial base for NASA civil space missions and operations as
the Administrator considers appropriate.
SEC. 669. SEPARATIONS AND RETIREMENT INCENTIVES.
Section 20113 of title 51, United States Code, is amended by adding
at the end the following:
``(o) Provisions Related to Separation and Retirement Incentives.--
``(1) Definition.--In this subsection, the term
`employee'--
``(A) means an employee of the Administration
serving under an appointment without time limitation;
and
``(B) does not include--
``(i) a reemployed annuitant under
subchapter III of chapter 83 or chapter 84 of
title 5 or any other retirement system for
employees of the Federal Government;
``(ii) an employee having a disability on
the basis of which such employee is or would be
eligible for disability retirement under any of
the retirement systems referred to in clause
(i); or
``(iii) for purposes of eligibility for
separation incentives under this subsection, an
employee who is in receipt of a decision notice
of involuntary separation for misconduct or
unacceptable performance.
``(2) Authority.--The Administrator may establish a program
under which employees may be eligible for early retirement,
offered separation incentive pay to separate from service
voluntarily, or both. This authority may be used to reduce the
number of personnel employed or to restructure the workforce to
meet mission objectives without reducing the overall number of
personnel. This authority is in addition to, and
notwithstanding, any other authorities established by law or
regulation for such programs.
``(3) Early retirement.--An employee who is at least 50
years of age and has completed 20 years of service, or has at
least 25 years of service, may, pursuant to regulations
promulgated under this subsection, apply and be retired from
the Administration and receive benefits in accordance with
subchapter III of chapter 83 or 84 of title 5 if the employee
has been employed continuously within the Administration for
more than 30 days before the date on which the determination to
conduct a reduction or restructuring within 1 or more
Administration centers is approved.
``(4) Separation pay.--
``(A) In general.--Separation pay shall be paid in
a lump sum or in installments and shall be equal to the
lesser of--
``(i) an amount equal to the amount the
employee would be entitled to receive under
section 5595(c) of title 5, if the employee
were entitled to payment under such section; or
``(ii) $40,000.
``(B) Limitations.--Separation pay shall not be a
basis for payment, and shall not be included in the
computation, of any other type of Government benefit.
Separation pay shall not be taken into account for the
purpose of determining the amount of any severance pay
to which an individual may be entitled under section
5595 of title 5, based on any other separation.
``(C) Installments.--Separation pay, if paid in
installments, shall cease to be paid upon the
recipient's acceptance of employment by the Federal
Government, or commencement of work under a personal
services contract as described in paragraph (5).
``(5) Limitations on reemployment.--
``(A) An employee who receives separation pay under
such program may not be reemployed by the
Administration for a 12-month period beginning on the
effective date of the employee's separation, unless
this prohibition is waived by the Administrator on a
case-by-case basis.
``(B) An employee who receives separation pay under
this section on the basis of a separation and accepts
employment with the Government of the United States, or
who commences work through a personal services contract
with the United States within 5 years after the date of
the separation on which payment of the separation pay
is based, shall be required to repay the entire amount
of the separation pay to the Administration. If the
employment is with an Executive agency (as defined by
section 105 of title 5) other than the Administration,
the Administrator may, at the request of the head of
that agency, waive the repayment if the individual
involved possesses unique abilities and is the only
qualified applicant available for the position. If the
employment is within the Administration, the
Administrator may waive the repayment if the individual
involved is the only qualified applicant available for
the position. If the employment is with an entity in
the legislative branch, the head of the entity or the
appointing official may waive the repayment if the
individual involved possesses unique abilities and is
the only qualified applicant available for the
position. If the employment is with the judicial
branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is
the only qualified applicant available for the
position.
``(6) Regulations.--Under the program established under
paragraph (2), early retirement and separation pay may be
offered only pursuant to regulations established by the
Administrator, subject to such limitations or conditions as the
Administrator may require.
``(7) Use of existing funds.--The Administrator shall carry
out this subsection using amounts otherwise made available to
the Administrator and no additional funds are authorized to be
appropriated to carry out this subsection.''.
SEC. 670. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS.
(a) In General.--Chapter 313 of title 51, United States Code, is
amended by adding at the end the following:
``Sec. 31303. Confidentiality of medical quality assurance records
``(a) In General.--Except as provided in subsection (b)(1)--
``(1) a medical quality assurance record, or any part of a
medical quality assurance record, may not be subject to
discovery or admitted into evidence in a judicial or
administrative proceeding; and
``(2) an individual who reviews or creates a medical
quality assurance record for the Administration, or
participates in any proceeding that reviews or creates a
medical quality assurance record, may not testify in a judicial
or administrative proceeding with respect to--
``(A) the medical quality assurance record; or
``(B) any finding, recommendation, evaluation,
opinion, or action taken by such individual or in
accordance with such proceeding with respect to the
medical quality assurance record.
``(b) Disclosure of Records.--
``(1) In general.--Notwithstanding subsection (a), a
medical quality assurance record may be disclosed to--
``(A) a Federal agency or private entity, if the
medical quality assurance record is necessary for the
Federal agency or private entity to carry out--
``(i) licensing or accreditation functions
relating to Administration healthcare
facilities; or
``(ii) monitoring of Administration
healthcare facilities required by law;
``(B) a Federal agency or healthcare provider, if
the medical quality assurance record is required by the
Federal agency or healthcare provider to enable
Administration participation in a healthcare program of
the Federal agency or healthcare provider;
``(C) a criminal or civil law enforcement agency,
or an instrumentality authorized by law to protect the
public health or safety, on written request by a
qualified representative of such agency or
instrumentality submitted to the Administrator that
includes a description of the lawful purpose for which
the medical quality assurance record is requested;
``(D) an officer, an employee, or a contractor of
the Administration who requires the medical quality
assurance record to carry out an official duty
associated with healthcare;
``(E) healthcare personnel, to the extent necessary
to address a medical emergency affecting the health or
safety of an individual; and
``(F) any committee, panel, or board convened by
the Administration to review the healthcare-related
policies and practices of the Administration.
``(2) Subsequent disclosure prohibited.--An individual or
entity to whom a medical quality assurance record has been
disclosed under paragraph (1) may not make a subsequent
disclosure of the medical quality assurance record.
``(c) Personally Identifiable Information.--
``(1) In general.--Except as provided in paragraph (2), the
personally identifiable information contained in a medical
quality assurance record of a patient or an employee of the
Administration, or any other individual associated with the
Administration for purposes of a medical quality assurance
program, shall be removed before the disclosure of the medical
quality assurance record to an entity other than the
Administration.
``(2) Exception.-- Personally identifiable information
described in paragraph (1) may be released to an entity other
than the Administration if the Administrator makes a
determination that the release of such personally identifiable
information--
``(A) is in the best interests of the
Administration; and
``(B) does not constitute an unwarranted invasion
of personal privacy.
``(d) Exclusion From FOIA.--A medical quality assurance record may
not be made available to any person under section 552 of title 5,
United States Code (commonly referred to as the `Freedom of Information
Act'), and this section shall be considered a statute described in
subsection (b)(3)(B) of such section 522.
``(e) Regulations.--Not later than one year after the date of the
enactment of this section, the Administrator shall promulgate
regulations to implement this section.
``(f) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to withhold a medical quality assurance record from a
committee of the Senate or House of Representatives or a joint
committee of Congress if the medical quality assurance record
relates to a matter within the jurisdiction of such committee
or joint committee; or
``(2) to limit the use of a medical quality assurance
record within the Administration, including the use by a
contractor or consultant of the Administration.
``(g) Definitions.--In this section:
``(1) Medical quality assurance record.--The term `medical
quality assurance record' means any proceeding, discussion,
record, finding, recommendation, evaluation, opinion, minutes,
report, or other document or action that results from a quality
assurance committee, quality assurance program, or quality
assurance program activity.
``(2) Quality assurance program.--
``(A) In general.--The term `quality assurance
program' means a comprehensive program of the
Administration--
``(i) to systematically review and improve
the quality of medical and behavioral health
services provided by the Administration to
ensure the safety and security of individuals
receiving such health services; and
``(ii) to evaluate and improve the
efficiency, effectiveness, and use of staff and
resources in the delivery of such health
services.
``(B) Inclusion.--The term `quality assurance
program' includes any activity carried out by or for
the Administration to assess the quality of medical
care provided by the Administration.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 313 of title 51, United States Code, is amended by adding at
the end the following:
``31303. Confidentiality of medical quality assurance records.''.
PART VIII--MISCELLANEOUS PROVISIONS
SEC. 671. CONTRACTING AUTHORITY.
Section 20113 of title 51, United States Code, is amended by adding
at the end the following:
``(o) Contracting Authority.--The Administration--
``(1) may enter into an agreement with a private,
commercial, or State government entity to provide the entity
with supplies, support, and services related to private,
commercial, or State government space activities carried out at
a property owned or operated by the Administration; and
``(2) upon the request of such an entity, may include such
supplies, support, and services in the requirements of the
Administration if--
``(A) the Administrator determines that the
inclusion of such supplies, support, or services in
such requirements--
``(i) is in the best interest of the
Federal Government;
``(ii) does not interfere with the
requirements of the Administration; and
``(iii) does not compete with the
commercial space activities of other such
entities; and
``(B) the Administration has full reimbursable
funding from the entity that requested supplies,
support, and services prior to making any obligation
for the delivery of such supplies, support, or services
under an Administration procurement contract or any
other agreement.''.
SEC. 672. AUTHORITY FOR TRANSACTION PROTOTYPE PROJECTS AND FOLLOW-ON
PRODUCTION CONTRACTS.
Section 20113 of title 51, United States Code, as amended by
section 671, is further amended by adding at the end the following:
``(p) Transaction Prototype Projects and Follow-on Production
Contracts.--
``(1) In general.--The Administration may enter into a
transaction (other than a contract, cooperative agreement, or
grant) to carry out a prototype project that is directly
relevant to enhancing the mission effectiveness of the
Administration.
``(2) Subsequent award of follow-on production contract.--A
transaction entered into under this subsection for a prototype
project may provide for the subsequent award of a follow-on
production contract to participants in the transaction.
``(3) Inclusion.--A transaction under this subsection
includes a project awarded to an individual participant and to
all individual projects awarded to a consortium of United
States industry and academic institutions.
``(4) Determination.--The authority of this section may be
exercised for a transaction for a prototype project and any
follow-on production contract, upon a determination by the head
of the contracting activity, in accordance with Administration
policies, that--
``(A) circumstances justify use of a transaction to
provide an innovative business arrangement that would
not be feasible or appropriate under a contract; and
``(B) the use of the authority of this section is
essential to promoting the success of the prototype
project.
``(5) Competitive procedure.--
``(A) In general.--To the maximum extent
practicable, the Administrator shall use competitive
procedures with respect to entering into a transaction
to carry out a prototype project.
``(B) Exception.--Notwithstanding section 2304 of
title 10, United States Code, a follow-on production
contract may be awarded to the participants in the
prototype transaction without the use of competitive
procedures, if--
``(i) competitive procedures were used for
the selection of parties for participation in
the prototype transaction; and
``(ii) the participants in the transaction
successfully completed the prototype project
provided for in the transaction.
``(6) Cost share.--A transaction to carry out a prototype
project and a follow-on production contract may require that
part of the total cost of the transaction or contract be paid
by the participant or contractor from a source other than the
Federal Government.
``(7) Procurement ethics.--A transaction under this
authority shall be considered an agency procurement for
purposes of chapter 21 of title 41, United States Code, with
regard to procurement ethics.''.
SEC. 673. PROTECTION OF DATA AND INFORMATION FROM PUBLIC DISCLOSURE.
(a) Certain Technical Data.--Section 20131 of title 51, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) in subsection (a)(3), by striking ``subsection (b)''
and inserting ``subsection (b) or (c)'';
(3) by inserting after subsection (b) the following:
``(c) Special Handling of Certain Technical Data.--
``(1) In general.--The Administrator may provide
appropriate protections against the public dissemination of
certain technical data, including exemption from subchapter II
of chapter 5 of title 5.
``(2) Definitions.--In this subsection:
``(A) Certain technical data.--The term `certain
technical data' means technical data that may not be
exported lawfully outside the United States without
approval, authorization, or license under--
``(i) the Export Control Reform Act of 2018
(Public Law 115-232; 132 Stat. 2208); or
``(ii) the International Security
Assistance and Arms Export Control Act of 1976
(Public Law 94-329; 90 Stat. 729).
``(B) Technical data.--The term `technical data'
means any blueprint, drawing, photograph, plan,
instruction, computer software, or documentation, or
any other technical information.'';
(4) in subsection (d), as so redesignated, by inserting ``,
including any data,'' after ``information''; and
(5) by adding at the end the following:
``(e) Exclusion From FOIA.--This shall be considered a statute
described in subsection (b)(3)(B) of 552 of title 5 (commonly referred
to as the `Freedom of Information Act').''.
(b) Certain Voluntarily Provided Safety-related Information.--
(1) In general.--The Administrator shall provide
appropriate safeguards against the public dissemination of
safety-related information collected as part of a mishap
investigation carried out under the NASA safety reporting
system or in conjunction with an organizational safety
assessment, if the Administrator makes a written determination,
including a justification of the determination, that--
(A)(i) disclosure of the information would inhibit
individuals from voluntarily providing safety-related
information; and
(ii) the ability of NASA to collect such
information improves the safety of NASA programs and
research relating to aeronautics and space; or
(B) withholding such information from public disclosure
improves the safety of such NASA programs and research.
(2) Other federal agencies.--Notwithstanding any other
provision of law, if the Administrator provides to the head of
another Federal agency safety-related information with respect
to which the Administrator has made a determination under
paragraph (1), the head of the Federal agency shall withhold
the information from public disclosure.
(3) Public availability.--A determination or part of a
determination under paragraph (1) shall be made available to
the public on request, as required under 552 of title 5, United
States Code (commonly referred to as the ``Freedom of
Information Act'').
(4) Exclusion from foia.--This subsection shall be
considered a statute described in subsection (b)(3)(B) of
section 552 of title 5, United States Code.
SEC. 674. PHYSICAL SECURITY MODERNIZATION.
Chapter 201 of title 51, United States Code, is amended--
(1) in section 20133(2), by striking ``property'' and all
that follows through ``to the United States,'' and inserting
``Administration personnel or of property owned or leased by,
or under the control of, the United States''; and
(2) in section 20134, in the second sentence--
(A) by inserting ``Administration personnel or
any'' after ``protecting''; and
(B) by striking ``, at facilities owned or
contracted to the Administration''.
SEC. 675. LEASE OF NON-EXCESS PROPERTY.
Section 20145 of title 51, United States Code, is amended--
(1) in subsection (b)(1)(B), by striking ``entered into for
the purpose of developing renewable energy production
facilities''; and
(2) in subsection (g), in the first sentence, by striking
``December 31, 2021'' and inserting ``December 31, 2025''.
SEC. 676. CYBERSECURITY.
(a) In General.--Section 20301 of title 51, United States Code, is
amended by adding at the end the following:
``(c) Cybersecurity.--The Administrator shall update and improve
the cybersecurity of NASA space assets and supporting
infrastructure.''.
(b) Security Operations Center.--
(1) Establishment.--The Administrator shall maintain a
Security Operations Center, to identify and respond to
cybersecurity threats to NASA information technology systems,
including institutional systems and mission systems.
(2) Inspector general recommendations.--The Administrator
shall implement, to the maximum extent practicable, each of the
recommendations contained in the report of the Inspector
General of NASA entitled ``Audit of NASA's Security Operations
Center'', issued on May 23, 2018.
(c) Cyber Threat Hunt.--
(1) In general.--The Administrator, in coordination with
the Secretary of Homeland Security and the heads of other
relevant Federal agencies, may implement a cyber threat hunt
capability to proactively search NASA information systems for
advanced cyber threats that otherwise evade existing security
tools.
(2) Threat-hunting process.--In carrying out paragraph (1),
the Administrator shall develop and document a threat-hunting
process, including the roles and responsibilities of
individuals conducting a cyber threat hunt.
(d) GAO Priority Recommendations.--The Administrator shall
implement, to the maximum extent practicable, the recommendations for
NASA contained in the report of the Comptroller General of the United
States entitled ``Information Security: Agencies Need to Improve
Controls over Selected High-Impact Systems'', issued May 18, 2016,
including--
(1) re-evaluating security control assessments; and
(2) specifying metrics for the continuous monitoring
strategy of the Administration.
SEC. 677. LIMITATION ON COOPERATION WITH THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--Except as provided by subsection (b), the
Administrator, the Director of the OSTP, and the Chair of the National
Space Council, shall not--
(1) develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any
kind to participate, collaborate, or coordinate bilaterally in
any manner with--
(A) the Government of the People's Republic of
China; or
(B) any company--
(i) owned by the Government of the People's
Republic of China; or
(ii) incorporated under the laws of the
People's Republic of China; and
(2) host official visitors from the People's Republic of
China at a facility belonging to or used by NASA.
(b) Waiver.--
(1) In general.--The Administrator, the Director, or the
Chair may waive the limitation under subsection (a) with
respect to an activity described in that subsection only if the
Administrator, the Director, or the Chair, as applicable, makes
a determination that the activity--
(A) does not pose a risk of a transfer of
technology, data, or other information with national
security or economic security implications to an entity
described in paragraph (1) of such subsection; and
(B) does not involve knowing interactions with
officials who have been determined by the United States
to have direct involvement with violations of human
rights.
(2) Certification to congress.--Not later than 30 days
after the date on which a waiver is granted under paragraph
(1), the Administrator, the Director, or the Chair, as
applicable, shall submit to the Committee on Commerce, Science,
and Transportation and the Committee on Appropriations of the
Senate and the Committee on Science, Space, and Technology and
the Committee on Appropriations of the House of Representatives
a written certification that the activity complies with the
requirements in subparagraphs (A) and (B) of that paragraph.
(c) GAO Review.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of NASA contracts that may
subject the Administration to unacceptable transfers of
intellectual property or technology to any entity--
(A) owned or controlled (in whole or in part) by,
or otherwise affiliated with, the Government of the
People's Republic of China; or
(B) organized under, or otherwise subject to, the
laws of the People's Republic of China.
(2) Elements.--The review required under paragraph (1)
shall assess--
(A) whether the Administrator is aware--
(i) of any NASA contractor that benefits
from significant financial assistance from--
(I) the Government of the People's
Republic of China;
(II) any entity controlled by the
Government of the People's Republic of
China; or
(III) any other governmental entity
of the People's Republic of China; and
(ii) that the Government of the People's
Republic of China, or an entity controlled by
the Government of the People's Republic of
China, may be--
(I) leveraging United States
companies that share ownership with
NASA contractors; or
(II) obtaining intellectual
property or technology illicitly or by
other unacceptable means; and
(B) the steps the Administrator is taking to ensure
that--
(i) NASA contractors are not being
leveraged (directly or indirectly) by the
Government of the People's Republic of China or
by an entity controlled by the Government of
the People's Republic of China;
(ii) the intellectual property and
technology of NASA contractors are adequately
protected; and
(iii) NASA flight-critical components are
not sourced from the People's Republic of China
through any entity benefitting from Chinese
investments, loans, or other assistance.
(3) Recommendations.--The Comptroller General shall provide
to the Administrator recommendations for future NASA
contracting based on the results of the review.
(4) Plan.--Not later than 180 days after the date on which
the Comptroller General completes the review, the Administrator
shall--
(A) develop a plan to implement the recommendations
of the Comptroller General; and
(B) submit the plan to the appropriate committees
of Congress.
(d) Termination.--The limitation under subsection (a) shall cease
to have effect on the date that is 10 years after the date of the
enactment of this Act.
SEC. 678. CONSIDERATION OF ISSUES RELATED TO CONTRACTING WITH ENTITIES
RECEIVING ASSISTANCE FROM OR AFFILIATED WITH THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--With respect to a matter in response to a request
for proposal or a broad area announcement by the Administrator, or
award of any contract, agreement, or other transaction with the
Administrator, a commercial or noncommercial entity shall certify that
it is not majority owned or controlled (as defined in section 800.208
of title 31, Code of Federal Regulations), or minority owned greater
than 25 percent, by--
(1) any governmental organization of the People's Republic
of China; or
(2) any other entity that is--
(A) known to be owned or controlled by any
governmental organization of the People's Republic of
China; or
(B) organized under, or otherwise subject to, the
laws of the People's Republic of China.
(b) False Statements.--
(1) In general.--A false statement contained in a
certification under subsection (a) constitutes a false or
fraudulent claim for purposes of chapter 47 of title 18, United
States Code.
(2) Action under federal acquisition regulation.--Any party
convicted for making a false statement with respect to a
certification under subsection (a) shall be subject to
debarment from contracting with the Administrator for a period
of not less than 1 year, as determined by the Administrator, in
addition to other appropriate action in accordance with the
Federal Acquisition Regulation maintained under section
1303(a)(1) of title 41, United States Code.
(c) Annual Report.--The Administrator shall submit to the
appropriate committees of Congress an annual report detailing any
violation of this section.
SEC. 679. SMALL SATELLITE LAUNCH SERVICES PROGRAM.
(a) In General.--The Administrator shall continue to procure
dedicated launch services, including from small and venture class
launch providers, for small satellites, including CubeSats, for the
purpose of conducting science and technology missions that further the
goals of NASA.
(b) Requirements.--In carrying out the program under subsection
(a), the Administrator shall engage with the academic community to
maximize awareness and use of dedicated small satellite launch
opportunities.
(c) Rule of Construction.--Nothing in this section shall prevent
the Administrator from continuing to use a secondary payload of
procured launch services for CubeSats.
SEC. 680. 21ST CENTURY SPACE LAUNCH INFRASTRUCTURE.
(a) In General.--The Administrator shall carry out a program to
modernize multi-user launch infrastructure at NASA facilities--
(1) to enhance safety; and
(2) to advance Government and commercial space
transportation and exploration.
(b) Projects.--Projects funded under the program under subsection
(a) may include--
(1) infrastructure relating to commodities;
(2) standard interfaces to meet customer needs for multiple
payload processing and launch vehicle processing;
(3) enhancements to range capacity and flexibility; and
(4) such other projects as the Administrator considers
appropriate to meet the goals described in subsection (a).
(c) Requirements.--In carrying out the program under subsection
(a), the Administrator shall--
(1) identify and prioritize investments in projects that
can be used by multiple users and launch vehicles, including
non-NASA users and launch vehicles; and
(2) limit investments to projects that would not otherwise
be funded by a NASA program, such as an institutional or
programmatic infrastructure program.
(d) Rule of Construction.--Nothing in this section shall preclude a
NASA program, including the Space Launch System and Orion, from using
the launch infrastructure modernized under this section.
SEC. 681. MISSIONS OF NATIONAL NEED.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) while certain space missions, such as asteroid
detection or space debris mitigation or removal missions, may
not provide the highest-value science, as determined by the
National Academies of Science, Engineering, and Medicine
decadal surveys, such missions provide tremendous value to the
United States and the world; and
(2) the current organizational and funding structure of
NASA has not prioritized the funding of missions of national
need.
(b) Study.--
(1) In general.--The Director of the OSTP shall conduct a
study on the manner in which NASA funds missions of national
need.
(2) Matters to be included.--The study conducted under
paragraph (1) shall include the following:
(A) An identification and assessment of the types
of missions or technology development programs that
constitute missions of national need.
(B) An assessment of the manner in which such
missions are currently funded and managed by NASA.
(C) An analysis of the options for funding missions
of national need, including--
(i) structural changes required to allow
NASA to fund such missions; and
(ii) an assessment of the capacity of other
Federal agencies to make funds available for
such missions.
(c) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Director of the OSTP shall submit to the
appropriate committees of Congress a report on the results of the study
conducted under subsection (b), including recommendations for funding
missions of national need.
SEC. 682. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, VIRGINIA.
Notwithstanding any other provision of law, during the 5-year
period beginning on the date of the enactment of this Act, the
Administrator may enter into 1 or more agreements with the town of
Chincoteague, Virginia, to reimburse the town for costs that are
directly associated with--
(1) the removal of drinking water wells located on property
administered by the Administration; and
(2) the relocation of such wells to property under the
administrative control, through lease, ownership, or easement,
of the town.
SEC. 683. PASSENGER CARRIER USE.
Section 1344(a)(2) of title 31, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by inserting ``or'' after the
comma at the end; and
(3) by inserting after subparagraph (B) the following:
``(C) necessary for post-flight transportation of United
States Government astronauts, and other astronauts subject to
reimbursable arrangements, returning from space for the
performance of medical research, monitoring, diagnosis, or
treatment, or other official duties, prior to receiving post-
flight medical clearance to operate a motor vehicle,''.
SEC. 684. USE OF COMMERCIAL NEAR-SPACE BALLOONS.
(a) Sense of Congress.--It is the sense of Congress that the use of
an array of capabilities, including the use of commercially available
near-space balloon assets, is in the best interest of the United
States.
(b) Use of Commercial Near-space Balloons.--The Administrator shall
use commercially available balloon assets operating at near-space
altitudes, to the maximum extent practicable, as part of a diverse set
of capabilities to effectively and efficiently meet the goals of the
Administration.
SEC. 685. PRESIDENT'S SPACE ADVISORY BOARD.
Section 121 of the National Aeronautics and Space Administration
Authorization Act, Fiscal Year 1991 (Public Law 101-611; 51 U.S.C.
20111 note) is amended--
(1) in the section heading, by striking ``users' advisory
group'' and inserting ``president's space advisory board''; and
(2) by striking ``Users' Advisory Group'' each place it
appears and inserting ``President's Space Advisory Board.''
SEC. 686. INITIATIVE ON TECHNOLOGIES FOR NOISE AND EMISSIONS
REDUCTIONS.
(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 new
subsection (b):
``(b) Technologies for Noise and Emissions Reduction.--
``(1) Initiative required.--The Administrator shall
establish an initiative to build upon and accelerate previous
or ongoing work to develop and demonstrate new technologies,
including systems architecture, components, or integration of
systems and airframe structures, in electric aircraft
propulsion concepts that are capable of substantially reducing
both emissions and noise from aircraft.
``(2) Approach.--In carrying out the initiative, the
Administrator shall do the following:
``(A) Continue and expand work of the
Administration on research, development, and
demonstration of electric aircraft concepts, and the
integration of such concepts.
``(B) To the extent practicable, work with multiple
partners, including small businesses and new entrants,
on research and development activities related to
transport category aircraft.
``(C) Provide guidance to the Federal Aviation
Administration on technologies developed and tested
pursuant to the initiative.''.
(b) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter as a part of the
Administration's budget submission, the Administrator shall submit a
report to the appropriate committee of Congress on the progress of the
work under the initiative required by subsection (b) of section 40112
of title 51, United States Code (as amended by subsection (a) of this
section), including an updated, anticipated timeframe for aircraft
entering into service that produce 50 percent less noise and emissions
than the highest performing aircraft in service as of December 31,
2019.
SEC. 687. REMEDIATION OF SITES CONTAMINATED WITH TRICHLOROETHYLENE.
(a) Identification of Sites.--Not later than 180 days after the
date of the enactment of this Act, the Administrator shall identify
sites of the Administration contaminated with trichloroethylene.
(b) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report that includes--
(1) the recommendations of the Administrator for
remediating the sites identified under subsection (a) during
the 5-year period beginning on the date of the report; and
(2) an estimate of the financial resources necessary to
implement those recommendations.
SEC. 688. REVIEW ON PREFERENCE FOR DOMESTIC SUPPLIERS.
(a) Sense of Congress.--It is the Sense of Congress that the
Administration should, to the maximum extent practicable and with due
consideration of foreign policy goals and obligations under Federal
law--
(1) use domestic suppliers of goods and services; and
(2) ensure compliance with the Federal acquisition
regulations, including subcontract flow-down provisions.
(b) Review.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall undertake a
comprehensive review of the domestic supplier preferences of
the Administration and the obligations of the Administration
under the Federal acquisition regulations to ensure compliance,
particularly with respect to Federal acquisition regulations
provisions that apply to foreign-based subcontractors.
(2) Elements.--The review under paragraph (1) shall
include--
(A) an assessment as to whether the Administration
has provided funding for infrastructure of a foreign-
owned company or State-sponsored entity in recent
years; and
(B) a review of any impact such funding has had on
domestic service providers.
(c) Report.--The Administrator shall submit to the appropriate
committees of Congress a report on the results of the review.
SEC. 689. REPORT ON USE OF COMMERCIAL SPACEPORTS LICENSED BY THE
FEDERAL AVIATION ADMINISTRATION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the benefits of
increased use of commercial spaceports licensed by the Federal Aviation
Administration for NASA civil space missions and operations.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description and assessment of current use of
commercial spaceports licensed by the Federal Aviation
Administration for NASA civil space missions and operations.
(2) A description and assessment of the benefits of
increased use of such spaceports for such missions and
operations.
(3) A description and assessment of the steps necessary to
achieve increased use of such spaceports for such missions and
operations.
SEC. 690. ACTIVE ORBITAL DEBRIS MITIGATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) orbital debris, particularly in low-Earth orbit, poses
a hazard to NASA missions, particularly human spaceflight; and
(2) progress has been made on the development of guidelines
for long-term space sustainability through the United Nations
Committee on the Peaceful Uses of Outer Space.
(b) Requirements.--The Administrator should--
(1) ensure the policies and standard practices of NASA meet
or exceed international guidelines for spaceflight safety; and
(2) support the development of orbital debris mitigation
technologies through continued research and development of
concepts.
(c) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the status of
implementing subsection (b).
SEC. 691. STUDY ON COMMERCIAL COMMUNICATIONS SERVICES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) enhancing the ability of researchers to conduct and
interact with experiments while in flight would make huge
advancements in the overall profitability of conducting
research on suborbit and low-Earth orbit payloads; and
(2) current NASA communications do not allow for real-time
data collection, observation, or transmission of information.
(b) Study.--The Administrator shall conduct a study on the
feasibility, impact, and cost of using commercial communications
programs services for suborbital flight programs and low-Earth orbit
research.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator shall submit to Congress and
make publicly available a report that describes the results of the
study conducted under subsection (b).
Calendar No. 58
117th CONGRESS
1st Session
S. 1260
_______________________________________________________________________
A BILL
To establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes.
_______________________________________________________________________
May 13, 2021
Reported with an amendment