[Congressional Record Volume 168, Number 126 (Thursday, July 28, 2022)]
[House]
[Pages H7273-H7387]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2022
Ms. JOHNSON of Texas. Mr. Speaker, pursuant to House Resolution 1289,
I call up the bill (H.R. 4346) making appropriations for Legislative
Branch for the fiscal year ending September 30, 2022, and for other
purposes, with the Senate amendment to the House amendment to the
Senate amendment thereto, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment to the House amendment to the Senate amendment.
Senate amendment to the House amendment to the Senate amendment:
In lieu of the matter proposed to be inserted by the
amendment of the House to the amendment of the Senate, insert
the following:
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. References.
DIVISION A--CHIPS ACT OF 2022
Sec. 101. Short title.
Sec. 102. Creating helpful incentives to produce semiconductors (CHIPS)
for America fund.
Sec. 103. Semiconductor incentives.
Sec. 104. Opportunity and inclusion.
Sec. 105. Additional GAO reporting requirements.
Sec. 106. Appropriations for wireless supply chain innovation.
Sec. 107. Advanced manufacturing investment credit.
DIVISION B--RESEARCH AND INNOVATION
Sec. 10000. Table of contents.
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Budgetary effects.
TITLE I--DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
Sec. 10101. Mission of the Office of Science.
Sec. 10102. Basic energy sciences program.
Sec. 10103. Biological and environmental research.
Sec. 10104. Advanced scientific computing research program.
Sec. 10105. Fusion energy research.
Sec. 10106. High energy physics program.
Sec. 10107. Nuclear physics program.
Sec. 10108. Science laboratories infrastructure program.
Sec. 10109. Accelerator research and development.
Sec. 10110. Isotope research, development, and production.
Sec. 10111. Increased collaboration with teachers and scientists.
Sec. 10112. High intensity laser research initiative; helium
conservation program; Office of Science emerging
biological threat preparedness research initiative;
midscale instrumentation and research equipment program;
authorization of appropriations.
Sec. 10113. Established program to stimulate competitive research.
Sec. 10114. Research security.
TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE
Sec. 10201. Definitions.
Subtitle A--Authorization of Appropriations
Sec. 10211. Authorization of appropriations.
Subtitle B--Measurement Research
Sec. 10221. Engineering biology and biometrology.
Sec. 10222. Greenhouse gas measurement research.
Sec. 10223. NIST authority for cybersecurity and privacy activities.
Sec. 10224. Software security and authentication.
Sec. 10225. Digital identity management research.
Sec. 10226. Biometrics research and testing.
Sec. 10227. Federal biometric performance standards.
Sec. 10228. Protecting research from cybersecurity theft.
Sec. 10229. Dissemination of resources for research institutions.
Sec. 10230. Advanced communications research.
Sec. 10231. Neutron scattering.
Sec. 10232. Artificial intelligence.
Sec. 10233. Sustainable chemistry research and education.
Sec. 10234. Premise plumbing research.
Sec. 10235. Dr. David Satcher Cybersecurity Education Grant Program.
Subtitle C--General Activities
Sec. 10241. Educational outreach and support for underrepresented
communities.
Sec. 10242. Other transactions authority.
Sec. 10243. Report to Congress on collaborations with government
agencies.
Sec. 10244. Hiring critical technical experts.
Sec. 10245. International standards development.
Sec. 10246. Standard technical update.
Sec. 10247. GAO study of NIST research security policies and protocols.
Sec. 10248. Standards development organization grants.
Subtitle D--Hollings Manufacturing Extension Partnership
Sec. 10251. Establishment of expansion awards pilot program as a part
of the Hollings Manufacturing Extension Partnership.
Sec. 10252. Update to Hollings Manufacturing Extension Partnership.
Sec. 10253. National Supply Chain Database.
Sec. 10254. Hollings Manufacturing Extension Partnership activities.
Sec. 10255. Amendment to the Hollings Manufacturing Extension
Partnership relating to institutions of higher education.
Subtitle E--Manufacturing USA Program
Sec. 10261. Supporting geographic diversity.
Sec. 10262. Expanding opportunities through the Manufacturing USA
Program.
Sec. 10263. Promoting domestic production of technologies developed
under Manufacturing USA Program.
TITLE III--NATIONAL SCIENCE FOUNDATION FOR THE FUTURE
Subtitle A--Preliminary Matters
Sec. 10301. Sense of Congress.
Sec. 10302. Definitions.
Sec. 10303. Authorization of appropriations.
Subtitle B--STEM Education
Sec. 10311. PreK-12 STEM education.
Sec. 10312. Undergraduate STEM education.
Sec. 10313. Graduate STEM education.
Sec. 10314. STEM workforce data.
Sec. 10315. Cyber workforce development research and development.
Sec. 10316. Federal cyber scholarship-for-service program.
Sec. 10317. Cybersecurity workforce data initiative.
Sec. 10318. Microelectronics workforce development activities.
Sec. 10319. Incorporation of art and design into certain STEM
education.
Sec. 10320. Mandatory cost-sharing.
Sec. 10321. Programs to address the STEM workforce.
Subtitle C--Broadening Participation
Sec. 10321. Presidential awards for excellence in mathematics and
science.
Sec. 10322. Robert Noyce Teacher Scholarship program update.
Sec. 10323. NSF Eddie Bernice Johnson INCLUDES Initiative.
Sec. 10324. Broadening participation on major facilities awards.
Sec. 10325. Expanding geographic and institutional diversity in
research.
Sec. 10326. Diversity in tech research.
Sec. 10327. Chief Diversity Officer of the NSF.
Sec. 10328. Research and dissemination to increase the participation of
women and underrepresented minorities in STEM fields.
Sec. 10329. Activities to expand STEM opportunities.
Sec. 10330. Intramural emerging research institutions pilot program.
Subtitle D--NSF Research Security
Sec. 10331. Office of Research Security and Policy.
Sec. 10332. Chief of Research Security.
Sec. 10333. Reporting to Congress.
Sec. 10334. Online resource.
Sec. 10335. Research awards.
Sec. 10336. Authorities.
Sec. 10337. Responsible conduct in research training.
Sec. 10338. Research security and integrity information sharing
analysis organization.
Sec. 10339. Plan with respect to controlled information and background
screening.
Sec. 10339A. Foundation funding to institutions hosting or supporting
Confucius Institutes.
Sec. 10339B. Foreign financial support.
Sec. 10339C. Authorization of appropriations.
Subtitle E--Fundamental Research
Sec. 10341. Broader impacts.
[[Page H7274]]
Sec. 10342. Sense of Congress.
Sec. 10343. Research ethics.
Sec. 10344. Research reproducibility and replicability.
Sec. 10345. Climate change research.
Sec. 10346. Social, behavioral, and economic sciences.
Sec. 10347. Measuring impacts of Federally funded research and
development.
Sec. 10348. Food-energy-water research.
Sec. 10349. Biological Field Stations and Marine Laboratories.
Sec. 10350. Sustainable chemistry research and education.
Sec. 10351. Risk and resilience research.
Sec. 10352. Unmanned aircraft systems technologies.
Sec. 10353. Accelerating unmanned maritime systems technologies.
Sec. 10354. Leveraging international expertise in research.
Sec. 10355. Biological research collections.
Sec. 10356. Clean water research and technology acceleration.
Sec. 10357. Technology and behavioral science research.
Sec. 10358. Manufacturing research amendment.
Sec. 10359. Critical minerals mining research and development.
Sec. 10360. Study of AI research capacity.
Sec. 10361. Advancing IoT for Precision Agriculture Capabilities Act.
Sec. 10362. Astronomy and satellite constellations.
Sec. 10363. Research on the impact of inflation.
Sec. 10364. Microgravity utilization policy.
Sec. 10365. Recognition of the Arecibo Observatory.
Subtitle F--Research Infrastructure
Sec. 10371. Facility operation and maintenance.
Sec. 10372. Reviews.
Sec. 10373. Helium conservation.
Sec. 10374. Advanced computing.
Sec. 10375. National secure data service.
Subtitle G--Directorate for Technology, Innovation, and Partnerships
Sec. 10381. Establishment.
Sec. 10382. Purposes.
Sec. 10383. Activities.
Sec. 10384. Requirements.
Sec. 10385. Assistant Director.
Sec. 10386. Advisory committee.
Sec. 10387. Challenges and focus areas.
Sec. 10388. Regional Innovation Engines.
Sec. 10389. Translation accelerator.
Sec. 10390. Test beds.
Sec. 10391. Planning and capacity building awards.
Sec. 10392. Entrepreneurial fellowships.
Sec. 10393. Scholarships and fellowships.
Sec. 10394. Research and development awards.
Sec. 10395. Scaling innovations in PreK-12 STEM education.
Sec. 10396. Authorities.
Sec. 10397. Coordination of activities.
Sec. 10398. Ethical, legal, and societal considerations.
Sec. 10399. Reports and roadmaps.
Sec. 10399A. Evaluation.
Subtitle H--Administrative Amendments
Sec. 10399D. Supporting veterans in STEM careers.
Sec. 10399E. Sunshine Act compliance.
Sec. 10399F. Science and engineering indicators report submission.
TITLE IV--BIOECONOMY RESEARCH AND DEVELOPMENT
Sec. 10401. Definitions.
Sec. 10402. National engineering biology research and development
initiative.
Sec. 10403. Initiative coordination.
Sec. 10404. Advisory committee on engineering biology research and
development.
Sec. 10405. External review of ethical, legal, environmental, safety,
security, and societal issues.
Sec. 10406. Agency activities.
Sec. 10407. Rule of construction.
TITLE V--BROADENING PARTICIPATION IN SCIENCE
Subtitle A--STEM Opportunities
Sec. 10501. Federal research agency policies for caregivers.
Sec. 10502. Collection and reporting of data on federal research
awards.
Sec. 10503. Policies for review of Federal research awards.
Sec. 10504. Collection of data on demographics of faculty.
Sec. 10505. Cultural and institutional barriers to expanding the
academic and Federal STEM workforce.
Sec. 10506. Existing activities.
Sec. 10507. Report to Congress.
Sec. 10508. Merit review.
Sec. 10509. Determination of budgetary effects.
Sec. 10510. Definition.
Subtitle B--Rural STEM Education Research
Sec. 10511. Definition.
Sec. 10512. National Science Foundation rural STEM activities.
Sec. 10513. Opportunities for online education.
Sec. 10514. National Academies evaluation.
Sec. 10515. GAO review.
Sec. 10516. NIST engagement with rural communities.
Subtitle C--MSI STEM Achievement
Sec. 10521. GAO review.
Sec. 10522. Agency responsibilities.
Sec. 10523. Research at the National Science Foundation.
Sec. 10524. Capacity-building program for developing universities.
Sec. 10525. Tribal Colleges and Universities program.
Sec. 10526. Definitions.
Subtitle D--Combating Sexual Harassment in Science
Sec. 10531. Findings.
Sec. 10532. Purpose.
Sec. 10533. Definition.
Sec. 10534. Research awards.
Sec. 10535. Responsible Conduct Guide.
Sec. 10536. Interagency working group.
Sec. 10537. National Academies assessment.
Sec. 10538. GAO study.
Sec. 10539. Authorization of appropriations.
TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS
Subtitle A--Supporting Early-career Researchers
Sec. 10601. Early-career research fellowship program.
Sec. 10602. Authorization of appropriations.
Subtitle B--National Science and Technology Strategy
Sec. 10611. National science and technology strategy.
Sec. 10612. Strategy and report on the Nation's economic security,
science, research, and innovation to support the national
security strategy.
Sec. 10613. Quadrennial science and technology review.
Subtitle C--Regional Innovation
Sec. 10621. Regional innovation capacity.
Sec. 10622. Regional Clean Energy Innovation Program.
Subtitle D--Research Security
Sec. 10631. Requirements for foreign talent recruitment programs.
Sec. 10632. Malign foreign talent recruitment program prohibition.
Sec. 10633. Review of contracts and agreements.
Sec. 10634. Research security training requirement for Federal research
award personnel.
Sec. 10635. Research funds accounting.
Sec. 10636. Person or entity of concern prohibition.
Sec. 10637. Nondiscrimination.
Sec. 10638. Definitions.
Subtitle E--Coastal and Ocean Acidification Research and Innovation
Sec. 10641. Short title.
Sec. 10642. Purposes.
Sec. 10643. Definitions.
Sec. 10644. Interagency working group.
Sec. 10645. Strategic research plan.
Sec. 10646. NOAA ocean acidification activities.
Sec. 10647. NSF ocean acidification activities.
Sec. 10648. NASA ocean acidification activities.
Sec. 10649. Authorization of appropriations.
Subtitle F--Interagency Working Group
Sec. 10651. Interagency working group.
Subtitle G--Quantum Networking and Communications
Sec. 10661. Quantum networking and communications.
Subtitle H--Blockchain Specialist
Sec. 10671. Establishment of blockchain and cryptocurrency specialist
position within OSTP.
Subtitle I--Partnerships for Energy Security and Innovation
Sec. 10691. Foundation for Energy Security and Innovation.
Subtitle J--Energizing Technology Transfer
Sec. 10701. Definitions.
PART 1--National Clean Energy Technology Transfer Programs
Sec. 10713. National clean energy incubator program.
Sec. 10714. Clean energy technology university prize competition.
Sec. 10715. Clean energy technology transfer coordination.
PART 2--Supporting Technology Development at the National Laboratories
Sec. 10716. Lab partnering service pilot program.
Sec. 10717. Lab-embedded entrepreneurship program.
Sec. 10718. Small business voucher program.
Sec. 10719. Entrepreneurial leave program.
Sec. 10720. National Laboratory non-Federal employee outside employment
authority.
PART 3--Department of Energy Modernization
Sec. 10722. Office of Technology Transitions.
Sec. 10723. Management of Department of Energy demonstration projects.
Sec. 10724. Streamlining prize competitions.
Sec. 10725. Cost-share waiver extension.
Sec. 10726. Special hiring authority for scientific, engineering, and
project management personnel.
Sec. 10727. Technology transfer reports and evaluation.
Subtitle K--Micro Act
Sec. 10731. Microelectronics research for energy innovation.
Subtitle L--National Nuclear University Research Infrastructure
Reinvestment
Sec. 10741. Short title.
Sec. 10742. Purposes.
Sec. 10743. University infrastructure collaboration.
Sec. 10744. Advanced nuclear research infrastructure enhancement
subprogram.
Sec. 10745. Science education and human resources scholarships,
fellowships, and research and development projects.
Subtitle M--Steel Upgrading Partnerships and Emissions Reduction
Sec. 10751. Low-emissions steel manufacturing research program.
Subtitle N--Applied Laboratories Infrastructure Restoration and
Modernization
Sec. 10761. Applied laboratories infrastructure restoration and
modernization.
[[Page H7275]]
Subtitle O--Department of Energy Research, Development, and
Demonstration Activities
Sec. 10771. Department of Energy research, development, and
demonstration activities.
Subtitle P--Fission for the Future
Sec. 10781. Advanced nuclear technologies Federal research,
development, and demonstration program.
TITLE VII--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION
ACT
Sec. 10801. Short title.
Sec. 10802. Definitions.
Subtitle A--Exploration
Sec. 10811. Moon to Mars.
Sec. 10812. Space Launch System configurations.
Sec. 10813. Rocket engine test infrastructure.
Sec. 10814. Pearl River maintenance.
Sec. 10815. Extension and modification relating to International Space
Station.
Sec. 10816. Priorities for International Space Station.
Sec. 10817. Technical amendments relating to Artemis missions.
Subtitle B--Science
Sec. 10821. Science priorities.
Sec. 10822. Search for life.
Sec. 10823. Next generation of astrophysics great observatories.
Sec. 10824. Earth science missions and programs.
Sec. 10825. Planetary Defense Coordination Office.
Subtitle C--Aeronautics
Sec. 10831. Experimental aircraft projects.
Sec. 10832. Unmanned aircraft systems.
Sec. 10833. Cleaner, quieter airplanes.
Subtitle D--Space Technology
Sec. 10841. Space nuclear capabilities.
Sec. 10842. Prioritization of low-enriched uranium technology.
Subtitle E--STEM Engagement
Sec. 10851. Office of STEM Engagement.
Subtitle F--Miscellaneous
Sec. 10861. Program, workforce, and industrial base reviews.
Sec. 10862. Modification of lease of non-excess property.
DIVISION C--SUPPLEMENTAL APPROPRIATIONS TO ADDRESS THREATS TO THE
SUPREME COURT OF THE UNITED STATES
SEC. 2. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--CHIPS ACT OF 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ``CHIPS Act of 2022''.
SEC. 102. CREATING HELPFUL INCENTIVES TO PRODUCE
SEMICONDUCTORS (CHIPS) FOR AMERICA FUND.
(a) CHIPS for America Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating
Helpful Incentives to Produce Semiconductors (CHIPS) for
America Fund'' (referred to in this subsection as the
``Fund'') for the Secretary of Commerce to carry out sections
9902, 9904, and 9906 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4652, 4654, and 4656; Public Law 116-283). Amounts in
the Fund to carry out sections 9904 and 9906 of Public Law
116-283 shall be transferred to and merged with accounts
within the Department of Commerce to be used for such
purposes, except that amounts transferred to carry out
section 9904 of Public Law 116-283 shall remain available
until September 30, 2025.
(2) Appropriation.--
(A) In addition to amounts otherwise available for such
purposes, there is appropriated to the Fund established in
subsection (a)(1), out of amounts in the Treasury not
otherwise appropriated--
(i) for fiscal year 2022, $24,000,000,000, to remain
available until expended, of which $19,000,000,000 shall be
for section 9902 of Public Law 116-283, $2,000,000,000 shall
be for subsection (c) of section 9906 of Public Law 116-283,
$2,500,000,000 shall be for subsection (d) of section 9906 of
Public Law 116-283, and $500,000,000 shall be for subsections
(e) and (f) of section 9906 of Public Law 116-283;
(ii) for fiscal year 2023, $7,000,000,000 to remain
available until expended, of which $5,000,000,000 shall be
for section 9902 of Public Law 116-283 and $2,000,000,000
shall be for subsections (c), (d), (e), and (f) of section
9906 of Public Law 116-283;
(iii) for fiscal year 2024, $6,300,000,000, to remain
available until expended, of which $5,000,000,000 shall be
for section 9902 of Public Law 116-283 and $1,300,000,000
shall be for subsections (c), (d), (e), and (f) of section
9906 of Public Law 116-283;
(iv) for fiscal year 2025, $6,100,000,000, to remain
available until expended, of which $5,000,000,000 shall be
for section 9902 of Public Law 116-283 and $1,100,000,000
shall be for subsections (c), (d), (e), and (f) of section
9906 of Public Law 116-283; and
(v) for fiscal year 2026, $6,600,000,000, to remain
available until expended, of which $5,000,000,000 shall be
for section 9902 of Public Law 116- 283 and $1,600,000,000
shall be for subsections (c), (d), (e), and (f) of section
9906 of Public Law 116-283.
(B) Direct loans and loan guarantees.--The Secretary of
Commerce may use--
(i) up to $6,000,000,000 of the amounts made available for
fiscal year 2022 for section 9902 of Public Law 116-283 for
the cost of direct loans and loan guarantees, as authorized
by section 9902 of Public Law 116-283, provided that--
(I) such costs, including the cost of modifying such loans
and loan guarantees shall be as defined in section 502 of the
Congressional Budget Act of 1974; and
(II) these funds are available to subsidize gross
obligations for the principal amount of direct loans and
total loan principal, any part of which is to be guaranteed,
not to exceed $75,000,000,000;
(ii) up to 2 percent of the amounts made available in each
fiscal year for salaries and expenses, administration, and
oversight purposes to carry out sections 9902 and 9906 of
Public Law 116-283, of which $5,000,000 in each of fiscal
years 2022 through 2026 shall be transferred to the Office of
Inspector General of the Department of Commerce to oversee
expenditures from the Fund; and
(iii) up to $2,300,000 of the amounts made available in
fiscal year 2022 to carry out section 9904 of Public Law 116-
283.
(3) Assistance for mature technology nodes.--Of the amount
available in fiscal year 2022 to implement section 9902 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652),
$2,000,000,000 shall be to provide Federal financial
assistance to covered entities to incentivize investment in
facilities and equipment in the United States for the
fabrication, assembly, testing, or packaging of
semiconductors at mature technology nodes under subsection
(e) of that section, as added by section 103 of this Act.
(4) Allocation authority.--
(A) Submission of cost estimates.--The President shall
submit to Congress detailed account, program, and project
allocations of the full amount made available under
subsection (a)(2)--
(i) for fiscal years 2022 and 2023, not later than 60 days
after the date of enactment of this Act; and
(ii) for each subsequent fiscal year through 2026, as part
of the annual budget submission of the President under
section 1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on Appropriations of the
House of Representatives and the Senate may provide for
alternate allocation of amounts made available under
subsection (a)(2), including by account, program, and
project.
(ii) Allocation by president.--
(I) No alternate allocations.--If Congress has not enacted
legislation establishing alternate allocations, including by
account, program, and project, by the date on which the Act
making full-year appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the
applicable fiscal year is enacted into law, only then shall
amounts made available under subsection (a)(2) be allocated
by the President or apportioned or allotted by account,
program, and project pursuant to title 31, United States
Code.
(II) Insufficient alternate allocation.--If Congress enacts
legislation establishing alternate allocations, including by
account, program, and project, for amounts made available
under subsection (a)(2) that are less than the full amount
appropriated under that subsection, the difference between
the amount appropriated and the alternate allocation shall be
allocated by the President and apportioned and allotted by
account, program, and project pursuant to title 31, United
States Code.
(b) CHIPS for America Defense Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating
Helpful Incentives to Produce Semiconductors (CHIPS) for
America Defense Fund'' (referred to in this subsection as the
``Fund'') to provide for those requirements that are
necessary to carry out section 9903(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4653(b)). Amounts in the Fund
shall be transferred to and merged with accounts within the
Department of Defense to be used for such purposes. Amounts
in the Fund or transferred to and merged with accounts within
the Department of Defense may not be used for construction of
facilities.
(2) Appropriation.--In addition to amounts otherwise
available for such purposes, there is appropriated to the
Fund established in subsection (b)(1), out of amounts in the
Treasury not otherwise appropriated--
(A) for fiscal year 2023, $400,000,000, to remain available
until September 30, 2023;
(B) for fiscal year 2024, $400,000,000, to remain available
until September 30, 2024;
(C) for fiscal year 2025, $400,000,000, to remain available
until September 30, 2025;
(D) for fiscal year 2026, $400,000,000, to remain available
until September 30, 2026; and
(E) for fiscal year 2027, $400,000,000, to remain available
until September 30, 2027.
(3) Allocation authority.--
(A) Submission of cost estimates.--The President shall
submit to Congress detailed account, program element, and
project allocations of the full amount made available under
subsection (b)(2)--
(i) for fiscal year 2023, not later than 60 days after the
date of enactment of this Act; and
(ii) for each subsequent fiscal year through 2027, as part
of the annual budget submission of the President under
section 1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on Appropriations of the
House of Representatives and the Senate may provide for
alternate allocation of amounts made available under
subsection (b)(2), including by account, program element, and
project.
[[Page H7276]]
(ii) Allocation by president.--
(I) No alternate allocations.--If Congress has not enacted
legislation establishing alternate allocations, including by
account, program element, and project, by the date on which
the Act making full-year appropriations for the Department of
Defense for the applicable fiscal year is enacted into law,
only then shall amounts made available under subsection
(b)(2) be allocated by the President or apportioned or
allotted by account, program element, and project pursuant to
title 31, United States Code.
(II) Insufficient alternate allocation.--If Congress enacts
legislation establishing alternate allocations, including by
account, program element, and project, for amounts made
available under subsection (b)(2) that are less than the full
amount appropriated under that subsection, the difference
between the amount appropriated and the alternate allocation
shall be allocated by the President and apportioned and
allotted by account, program element, and project pursuant to
title 31, United States Code.
(c) CHIPS for America International Technology Security and
Innovation Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating
Helpful Incentives to Produce Semiconductors (CHIPS) for
America International Technology Security and Innovation
Fund'' (referred to in this subsection as the ``Fund'') to
provide for international information and communications
technology security and semiconductor supply chain
activities, including to support the development and adoption
of secure and trusted telecommunications technologies, secure
semiconductors, secure semiconductors supply chains, and
other emerging technologies and to carry out sections 9905
and 9202(a)(2) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4655 and 47 U.S.C. 906(a)(2)), as appropriate. Amounts in the
Fund shall be transferred by the Secretary of State to
accounts within the Department of State, the United States
Agency for International Development, the Export-Import Bank,
and the United States International Development Finance
Corporation, as appropriate, to be used for such purposes and
under the terms and conditions of the account to which
transferred.
(2) Appropriation.--
(A) In addition to amounts otherwise available for such
purposes, there is appropriated to the Fund established in
subsection (c)(1), out of amounts in the Treasury not
otherwise appropriated--
(i) for fiscal year 2023, $100,000,000, to remain available
until September 30, 2027;
(ii) for fiscal year 2024, $100,000,000, to remain
available until September 30, 2028;
(iii) for fiscal year 2025, $100,000,000, to remain
available until September 30, 2029;
(iv) for fiscal year 2026, $100,000,000, to remain
available until September 30, 2030; and
(v) for fiscal year 2027, $100,000,000, to remain available
until September 30, 2031.
(B) Use.--In carrying out this subsection, the Secretary of
State may use up to $5,000,000 of the amounts made available
in each fiscal year for the Fund for salaries and expenses,
administration, and oversight purposes, of which $500,000 in
each of fiscal years 2023 through 2027 shall be transferred
to the Office of Inspector General of the Department of State
to oversee expenditures under the Fund.
(3) Allocation authority.--
(A) Submission of cost estimates.--The President shall
submit to Congress detailed account, program, project, and
activity allocations of the full amount made available under
subsection (c)(2)--
(i) for fiscal year 2023, not later than 90 days after the
date of enactment of this Act; and
(ii) for each subsequent fiscal year through 2027, as part
of the annual budget submission of the President under
section 1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on Appropriations of the
House of Representatives and the Senate may provide for
alternate allocation of amounts made available under
subsection (c)(2), including by account, program, project,
and activity.
(ii) Allocation by president.--
(I) No alternate allocations.--If Congress has not enacted
legislation establishing alternate allocations, including by
account, program, project, and activity, by the date on which
the Act making full-year appropriations for the Department of
State, Foreign Operations, and Related Programs for the
applicable fiscal year is enacted into law, only then shall
amounts made available under subsection (c)(2) be allocated
by the President or apportioned or allotted by account,
program, project, and activity pursuant to title 31, United
States Code.
(II) Insufficient alternate allocation.--If Congress enacts
legislation establishing alternate allocations, including by
account, program, project, and activity, for amounts made
available under subsection (c)(2) that are less than the full
amount appropriated under that subsection, the difference
between the amount appropriated and the alternate allocation
shall be allocated by the President and apportioned and
allotted by account, program, project, and activity pursuant
to title 31, United States Code.
(d) Creating Helpful Incentives to Produce Semiconductors
(CHIPS) for America Workforce and Education Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating
Helpful Incentives to Produce Semiconductors (CHIPS) for
America Workforce and Education Fund'' (referred to in this
subsection as the ``Fund'') for the National Science
Foundation for microelectronics workforce development
activities to meet the requirements under section 9906 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (15 U.S.C. 4656).
(2) Appropriation.--In addition to amounts otherwise
available for such purposes, there is appropriated to the
Fund established in subsection (d)(1), out of amounts in the
Treasury not otherwise appropriated--
(A) for fiscal year 2023, $25,000,000, to remain available
until expended;
(B) for fiscal year 2024, $25,000,000, to remain available
until expended;
(C) for fiscal year 2025, $50,000,000, to remain available
until expended;
(D) for fiscal year 2026, $50,000,000, to remain available
until expended; and
(E) for fiscal year 2027, $50,000,000, to remain available
until expended.
(3) Allocation authority.--
(A) Submission of cost estimates.--The President shall
submit to Congress detailed account, program, and project
allocations of the full amount made available under paragraph
(2)--
(i) for fiscal year 2023, not later than 60 days after the
date of enactment of this Act; and
(ii) for each subsequent fiscal year through 2027, as part
of the annual budget submission of the President under
section 1105(a) of title 31, United States Code.
(B) Alternate allocation.--
(i) In general.--The Committees on Appropriations of the
House of Representatives and the Senate may provide for
alternate allocation of amounts made available under
paragraph (2), including by account, program, and project.
(ii) Allocation by president.--
(I) No alternate allocations.--If Congress has not enacted
legislation establishing alternate allocations, including by
account, program, and project, by the date on which the Act
making full-year appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the
applicable fiscal year is enacted into law, only then shall
amounts made available under subsection (d)(2) be allocated
by the President or apportioned or allotted by account,
program, and project pursuant to title 31, United States
Code.
(II) Insufficient alternate allocation.--If Congress enacts
legislation establishing alternate allocations, including by
account, program, and project, for amounts made available
under subsection (d)(2) that are less than the full amount
appropriated under that subsection, the difference between
the amount appropriated and the alternate allocation shall be
allocated by the President and apportioned and allotted by
account, program, and project pursuant to title 31, United
States Code.
(e) Sequestration.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Continuing
Fund, Southwestern Power Administration (89-5649-0-2-271).''
the following:
``Creating Helpful Incentives to Produce Semiconductors
(CHIPS) for America Fund.
``Creating Helpful Incentives to Produce Semiconductors
(CHIPS) for America Defense Fund.
``Creating Helpful Incentives to Produce Semiconductors
(CHIPS) for America International Technology Security and
Innovation Fund.
``Creating Helpful Incentives to Produce Semiconductors
(CHIPS) for America Workforce and Education Fund''.
(f) Budgetary Effects.--
(1) Statutory paygo scorecards.--The budgetary effects of
this section shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 933(d)).
(2) Senate paygo scorecards.--The budgetary effects of this
section shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(3) Classification of budgetary effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this section shall not be
estimated--
(A) for purposes of section 251 of such Act;
(B) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(C) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(g) Limitation on Using Amounts for Stock Buybacks or the
Payment of Dividends.--
(1) In general.--A person receiving amounts appropriated
under this section or from a covered fund may not use such
amounts, as determined using the criteria for eligible uses
of amounts under sections 9902(a)(4) and 9905(a)(4) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (15 U.S.C. 4652(a)(4), 15 U.S.C.
4655(a)(4)), the activities under section 9903(b) of such Act
(15 U.S.C. 4653(b)), and the functions under 9906(c)(2) of
such Act (15 U.S.C. 4656(c)(2)) --
(A) to purchase an equity security that is listed on a
national securities exchange of such person or any parent
company of such person; or
(B) to pay dividends or make other capital distributions
with respect to the common stock (or equivalent interest) of
the person.
(2) Covered fund.--In this subsection, the term ``covered
fund'' means--
(A) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Fund;
(B) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund;
(C) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America International Technology
Security and Innovation Fund; and
[[Page H7277]]
(D) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Workforce and Education
Fund.
SEC. 103. SEMICONDUCTOR INCENTIVES.
(a) Definitions.--Section 9901 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4651) is amended--
(1) in paragraph (2)--
(A) by striking ``a private entity, a consortium of private
entities, or a consortium of public and private entities''
and inserting ``a nonprofit entity, a private entity, a
consortium of private entities, or a consortium of nonprofit,
public, and private entities'';
(B) by inserting ``production,'' before ``or research and
development''; and
(C) by striking ``of semiconductors.'' and inserting ``of
semiconductors, materials used to manufacture semiconductors,
or semiconductor manufacturing equipment.'';
(2) by redesignating paragraphs (5), (6), (7), (8), and (9)
as paragraphs (6), (8), (9), (12), and (13), respectively;
(3) by inserting after paragraph (4), the following:
``(5) The term `critical manufacturing industry'--
``(A) means an industry, industry group, or a set of
related industries or related industry groups--
``(i) assigned a North American Industry Classification
System code beginning with 31, 32, or 33; and
``(ii) for which the applicable industry group or groups in
the North American Industry Classification System code
cumulatively--
``(I) manufacture primary products and parts, the sum of
which account for not less than 5 percent of the
manufacturing value added by industry gross domestic product
of the United States; and
``(II) employ individuals for primary products and parts
manufacturing activities that, combined, account for not less
than 5 percent of manufacturing employment in the United
States; and
``(B) may include any other manufacturing industry
designated by the Secretary based on the relevance of the
manufacturing industry to the national and economic security
of the United States, including the impacts of job losses.'';
and
(4) by inserting after paragraph (6), as so redesignated,
the following:
``(7) The term `foreign country of concern' means--
``(A) a country that is a covered nation (as defined in
section 4872(d) of title 10 United States Code); and
``(B) any country that the Secretary, in consultation with
the Secretary of Defense, the Secretary of State, and the
Director of National Intelligence, determines to be engaged
in conduct that is detrimental to the national security or
foreign policy of the United States.''; and
(5) by inserting after paragraph (9), as so redesignated,
the following:
``(10) The term `mature technology node' has the meaning
given the term by the Secretary.
``(11) The term `nonprofit entity' means an entity
described in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from taxation under section 501(a) of such
Code.''.
(b) Semiconductor Program.--Section 9902 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4652) is amended--
(1) in subsection (a)(1)--
(A) by striking ``for semiconductor fabrication'' and
inserting ``for the fabrication'';
(B) by inserting ``production,'' before ``or research and
development''; and
(C) by striking the period at the end and inserting ``of
semiconductors, materials used to manufacture semiconductors,
or semiconductor manufacturing equipment.''; and
(2) in subsection (a)(2)--
(A) in subparagraph (B)(i), by striking ``; and'' at the
end;
(B) in subparagraph (B)(ii)--
(i) in subclause (III), by striking ``and'' at the end;
(ii) in subclause (IV), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(V) determined--
``(aa) the type of semiconductor technology, equipment,
materials, or research and development the covered entity
will produce at the facility described in clause (i); and
``(bb) the customers, or categories of customers, to which
the covered entity plans to sell the semiconductor
technology, equipment, materials, or research and development
described in item (aa); and
``(VI) documented, to the extent practicable, workforce
needs and developed a strategy to meet such workforce needs
consistent with the commitments described in subclauses (II)
and (III);''; and
(C) by inserting after subparagraph (B)(ii) the following--
``(iii) with respect to the project described in clause
(i), the covered entity has an executable plan to identify
and mitigate relevant semiconductor supply chain security
risks, such as risks associated with access, availability,
confidentiality, integrity, and a lack of geographic
diversification in the covered entity's supply chain; and
``(iv) with respect to any project for the production,
assembly, or packaging of semiconductors, the covered entity
has implemented policies and procedures to combat cloning,
counterfeiting, and relabeling of semiconductors, as
applicable.'';
(D) in subparagraph (C)--
(i) in clause (i)--
(I) in subclause (II), by striking ``is in the interest of
the United States'' and inserting ``is in the economic and
national security interests of the United States''; and
(II) in subclause (III), by striking ``and'' at the end;
(ii) in clause (ii)(IV), by striking ``and'' at the end;
(iii) by redesignating clause (iii) as clause (v); and
(iv) by inserting after clause (ii) the following:
``(iii) the Secretary shall consider the type of
semiconductor technology produced by the covered entity and
whether that semiconductor technology advances the economic
and national security interests of the United States;
``(iv) the Secretary may not approve an application, unless
the covered entity provides a plan that does not use Federal
financial assistance to assist efforts to physically relocate
existing facility infrastructure to another jurisdiction
within the United States, unless the project is in the
interest of the United States; and'';
(E) by redesignating subparagraph (D) as subparagraph (E);
and
(F) by inserting after subparagraph (C) the following:
``(D) Priority.--In awarding Federal financial assistance
to covered entities under this subsection, the Secretary
shall--
``(i) give priority to ensuring that a covered entity
receiving financial assistance will--
``(I) manufacture semiconductors necessary to address gaps
and vulnerabilities in the domestic supply chain across a
diverse range of technology and process nodes; and
``(II) provide a secure supply of semiconductors necessary
for the national security, manufacturing, critical
infrastructure, and technology leadership of the United
States and other essential elements of the economy of the
United States; and
``(ii) ensure that the assistance is awarded to covered
entities for both advanced and mature technology nodes to
meet the priorities described in clause (i).'';
(3) in subsection (a)(4)(A), by striking ``used for
semiconductors'' and inserting ``used for the purposes'';
(4) in subsection (a)(5)--
(A) in subparagraph (A), by striking ``major'';
(B) in subparagraph (D), by striking ``major''; and
(C) in subparagraph (E)(i), by striking ``major'';
(5) by inserting after subsection (a)(5) the following:
``(6) Expansion clawback.--
``(A) Definition of legacy semiconductor.--
``(i) In general.--In this paragraph, the term `legacy
semiconductor'--
``(I) includes--
``(aa) a semiconductor technology that is of the 28
nanometer generation or older for logic;
``(bb) with respect to memory technology, analog
technology, packaging technology, and any other relevant
technology, any legacy generation of semiconductor technology
relative to the generation described in item (aa), as
determined by the Secretary, in consultation with the
Secretary of Defense and the Director of National
Intelligence; and
``(cc) any additional semiconductor technology identified
by the Secretary in a public notice issued under clause (ii);
and
``(II) does not include a semiconductor that is critical to
national security, as determined by the Secretary, in
consultation with the Secretary of Defense and the Director
of National Intelligence.
``(ii) Updates.--Not later than 2 years after the date of
enactment of the CHIPS Act of 2022, and not less frequently
than once every 2 years thereafter for the 8-year period
after the last award under this section is made, the
Secretary, after public notice and an opportunity for comment
and if applicable and necessary, shall issue a public notice
identifying any additional semiconductor technology included
in the meaning of the term `legacy semiconductor' under
clause (i).
``(iii) Functions of the secretary.--The functions of the
Secretary under this paragraph shall not be subject to
sections 551, 553 through 559, and 701 through 706 of title
5, United States Code.
``(iv) Consultation.--In carrying out clause (ii), the
Secretary shall consult with the Director of National
Intelligence and the Secretary of Defense.
``(v) Considerations.--In carrying out clause (ii), the
Secretary shall consider--
``(I) state-of-the-art semiconductor technologies in the
United States and internationally, including in foreign
countries of concern; and
``(II) consistency with export controls relating to
semiconductors.
``(B) Definition of semiconductor manufacturing.--In this
paragraph, the term `semiconductor manufacturing'--
``(i) has the meaning given the term by the Secretary, in
consultation with the Secretary of Defense and the Director
of National Intelligence; and
``(ii) includes front-end semiconductor fabrication.
``(C) Required agreement.--
``(i) In general.--On or before the date on which the
Secretary awards Federal financial assistance to a covered
entity under this section, the covered entity shall enter
into an agreement with the Secretary specifying that, during
the 10-year period beginning on the date of the award,
subject to clause (ii), the covered entity may not engage in
any significant transaction, as defined in the agreement,
involving the material expansion of semiconductor
manufacturing capacity in the People's Republic of China or
any other foreign country of concern.
``(ii) Exceptions.--The prohibition in the agreement
required under clause (i) shall not apply to--
[[Page H7278]]
``(I) existing facilities or equipment of a covered entity
for manufacturing legacy semiconductors; or
``(II) significant transactions involving the material
expansion of semiconductor manufacturing capacity that--
``(aa) produces legacy semiconductors; and
``(bb) predominately serves the market of a foreign country
of concern.
``(iii) Affiliated group.--For the purpose of applying the
requirements in an agreement required under clause (i), a
covered entity shall include the covered entity receiving
financial assistance under this section, as well as any
member of the covered entity's affiliated group under section
1504(a) of the Internal Revenue Code of 1986, without regard
to section 1504(b)(3) of such Code.
``(D) Notification requirements.--During the applicable
term of the agreement of a covered entity required under
subparagraph (C)(i), the covered entity shall notify the
Secretary of any planned significant transactions of the
covered entity involving the material expansion of
semiconductor manufacturing capacity in the People's Republic
of China or any other foreign country of concern.
``(E) Violation of agreement.--
``(i) Notification to covered entities.--Not later than 90
days after the date of receipt of a notification described in
subparagraph (D) from a covered entity, the Secretary, in
consultation with the Secretary of Defense and the Director
of National Intelligence, shall--
``(I) determine whether the significant transaction
described in the notification would be a violation of the
agreement of the covered entity required under subparagraph
(C)(i); and
``(II) notify the covered entity of the Secretary's
decision under subclause (I).
``(ii) Opportunity to remedy.--Upon a notification under
clause (i)(II) that a planned significant transaction of a
covered entity is a violation of the agreement of the covered
entity required under subparagraph (C)(i), the Secretary
shall--
``(I) immediately request from the covered entity tangible
proof that the planned significant transaction has ceased or
been abandoned; and
``(II) provide the covered entity 45 days to produce and
provide to the Secretary the tangible proof described in
subclause (I).
``(iii) Failure by the covered entity to cease or remedy
the activity.--Subject to clause (iv), if a covered entity
fails to remedy a violation as set forth under clause (ii),
the Secretary shall recover the full amount of the Federal
financial assistance provided to the covered entity under
this section.
``(iv) Mitigation.--If the Secretary, in consultation with
the Secretary of Defense and the Director of National
Intelligence, determines that a covered entity planning a
significant transaction that would violate the agreement
required under subparagraph (C)(i) could take measures in
connection with the transaction to mitigate any risk to
national security, the Secretary--
``(I) may negotiate, enter into, and enforce any agreement
or condition for the mitigation; and,
``(II) waive the recovery requirement under clause (iii).
``(F) Submission of records.--
``(i) In general.--The Secretary may request from a covered
entity records and other necessary information to review the
compliance of the covered entity with the agreement required
under subparagraph (C)(i).
``(ii) Eligibility.--In order to be eligible for Federal
financial assistance under this section, a covered entity
shall agree to provide records and other necessary
information requested by the Secretary under clause (i).
``(G) Confidentiality of records.--
``(i) In general.--Subject to clause (ii), any information
derived from records or necessary information disclosed by a
covered entity to the Secretary under this section--
``(I) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(II) shall not be made public.
``(ii) Exceptions.--Clause (i) shall not prevent the
disclosure of any of the following by the Secretary:
``(I) Information relevant to any administrative or
judicial action or proceeding.
``(II) Information that a covered entity has consented to
be disclosed to third parties.
``(III) Information necessary to fulfill the requirement of
the congressional notification under subparagraph (H).
``(H) Congressional notification.--Not later than 60 days
after the date on which the Secretary finds a violation by a
covered entity of an agreement required under subparagraph
(C)(i), and after providing the covered entity with an
opportunity to provide information in response to that
finding, the Secretary shall provide to the appropriate
Committees of Congress--
``(i) a notification of the violation;
``(ii) a brief description of how the Secretary determined
the covered entity to be in violation; and
``(iii) a summary of any actions or planned actions by the
Secretary in response to the violation.
``(I) Regulations.--The Secretary may issue regulations
implementing this paragraph.''; and
(6) by adding at the end the following:
``(d) Sense of Congress.--It is the sense of Congress that,
in carrying out subsection (a), the Secretary should allocate
funds in a manner that--
``(1) strengthens the security and resilience of the
semiconductor supply chain, including by mitigating gaps and
vulnerabilities;
``(2) provides a supply of secure semiconductors relevant
for national security;
``(3) strengthens the leadership of the United States in
semiconductor technology;
``(4) grows the economy of the United States and supports
job creation in the United States;
``(5) bolsters the semiconductor and skilled technical
workforces in the United States;
``(6) promotes the inclusion of economically disadvantaged
individuals and small businesses; and
``(7) improves the resiliency of the semiconductor supply
chains of critical manufacturing industries.
``(e) Additional Assistance for Mature Technology Nodes.--
``(1) In general.--The Secretary shall establish within the
program established under subsection (a) an additional
program that provides Federal financial assistance to covered
entities to incentivize investment in facilities and
equipment in the United States for the fabrication, assembly,
testing, or packaging of semiconductors at mature technology
nodes.
``(2) Eligibility and requirements.--In order for an entity
to qualify to receive Federal financial assistance under this
subsection, the covered entity shall agree to--
``(A) submit an application under subsection (a)(2)(A);
``(B) meet the eligibility requirements under subsection
(a)(2)(B);
``(C)(i) provide equipment or materials for the
fabrication, assembly, testing, or packaging of
semiconductors at mature technology nodes in the United
States; or
``(ii) fabricate, assemble using packaging, or test
semiconductors at mature technology nodes in the United
States;
``(D) commit to using any Federal financial assistance
received under this section to increase the production of
semiconductors at mature technology nodes; and
``(E) be subject to the considerations described in
subsection (a)(2)(C).
``(3) Procedures.--In granting Federal financial assistance
to covered entities under this subsection, the Secretary may
use the procedures established under subsection (a).
``(4) Considerations.--In addition to the considerations
described in subsection (a)(2)(C), in granting Federal
financial assistance under this subsection, the Secretary may
consider whether a covered entity produces or supplies
equipment or materials used in the fabrication, assembly,
testing, or packaging of semiconductors at mature technology
nodes that are necessary to support a critical manufacturing
industry.
``(5) Priority.--In awarding Federal financial assistance
to covered entities under this subsection, the Secretary
shall give priority to covered entities that support the
resiliency of semiconductor supply chains for critical
manufacturing industries in the United States.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this subsection $2,000,000,000, which shall remain available
until expended.
``(f) Construction Projects.--Section 602 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3212)
shall apply to a construction project that receives financial
assistance from the Secretary under this section.
``(g) Loans and Loan Guarantees.--
``(1) In general.--Subject to the requirements of
subsection (a) and this subsection, the Secretary may make or
guarantee loans to covered entities as financial assistance
under this section.
``(2) Conditions.--The Secretary may select eligible
projects to receive loans or loan guarantees under this
subsection if the Secretary determines that--
``(A) the covered entity--
``(i) has a reasonable prospect of repaying the principal
and interest on the loan; and
``(ii) has met such other criteria as may be established
and published by the Secretary; and
``(B) the amount of the loan (when combined with amounts
available to the loan recipient from other sources) will be
sufficient to carry out the project.
``(3) Reasonable prospect of repayment.--The Secretary
shall base a determination of whether there is a reasonable
prospect of repayment of the principal and interest on a loan
under paragraph (2)(A)(i) on a comprehensive evaluation of
whether the covered entity has a reasonable prospect of
repaying the principal and interest, including, as
applicable, an evaluation of--
``(A) the strength of the contractual terms of the project
the covered entity plans to perform (if commercially
reasonably available);
``(B) the forecast of noncontractual cash flows supported
by market projections from reputable sources, as determined
by the Secretary;
``(C) cash sweeps and other structure enhancements;
``(D) the projected financial strength of the covered
entity--
``(i) at the time of loan close; and
``(ii) throughout the loan term after the project is
completed;
``(E) the financial strength of the investors and strategic
partners of the covered entity, if applicable;
``(F) other financial metrics and analyses that the private
lending community and nationally recognized credit rating
agencies rely on, as determined appropriate by the Secretary;
and
``(G) such other criteria the Secretary may determine
relevant.
``(4) Rates, terms, and repayments of loans.--A loan
provided under this subsection--
``(A) shall have an interest rate that does not exceed a
level that the Secretary determines appropriate, taking into
account, as of the date on which the loan is made, the cost
of funds to the Department of the Treasury for obligations of
comparable maturity; and
``(B) shall have a term of not more than 25 years.
``(5) Additional terms.--A loan or guarantee provided under
this subsection may include any other terms and conditions
that the Secretary determines to be appropriate.
[[Page H7279]]
``(6) Responsible lender.--No loan may be guaranteed under
this subsection, unless the Secretary determines that--
``(A) the lender is responsible; and
``(B) adequate provision is made for servicing the loan on
reasonable terms and protecting the financial interest of the
United States.
``(7) Advanced budget authority.--New loans may not be
obligated and new loan guarantees may not be committed to
under this subsection, unless appropriations of budget
authority to cover the costs of such loans and loan
guarantees are made in advance in accordance with section
504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661c(b)).
``(8) Continued oversight.--The loan agreement for a loan
guaranteed under this subsection shall provide that no
provision of the loan agreement may be amended of waived
without the consent of the Secretary.
``(h) Oversight.--Not later than 4 years after disbursement
of the first financial award under subsection (a), the
Inspector General of the Department of Commerce shall audit
the program under this section to assess--
``(1) whether the eligibility requirements for covered
entities receiving financial assistance under the program are
met;
``(2) whether eligible entities use the financial
assistance received under the program in accordance with the
requirements of this section;
``(3) whether the covered entities receiving financial
assistance under this program have carried out the
commitments made to worker and community investment under
subsection (a)(2)(B)(ii)(II) by the target date for
completion set by the Secretary under subsection (a)(5)(A);
``(4) whether the required agreement entered into by
covered entities and the Secretary under subsection
(a)(6)(C)(i), including the notification process, has been
carried out to provide covered entities sufficient guidance
about a violation of the required agreement;
``(5) whether the Secretary has provided timely
Congressional notification about violations of the required
agreement under subsection (a)(6)(C)(i), including the
required information on how the Secretary reached a
determination of whether a covered entity was in violation
under subsection (a)(6)(E); and
``(6) whether the Secretary has sufficiently reviewed any
covered entity engaging in a listed exception under
subsection (a)(6)(C)(ii).
``(i) Prohibition on Use of Funds.--No funds made available
under this section may be used to construct, modify, or
improve a facility outside of the United States.''.
(c) Advanced Microelectronics Research and Development.--
Section 9906 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4656) is amended--
(1) in subsection (a)(3)(A)(ii)--
(A) in subclause (II), by inserting ``, including for
technologies based on organic and inorganic materials'' after
``components''; and
(B) in subclause (V), by striking ``and supply chain
integrity'' and inserting ``supply chain integrity, and
workforce development'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``and grow the domestic semiconductor
workforce'' after ``prototyping of advanced semiconductor
technology''; and
(ii) by adding at the end the following: ``The Secretary
may make financial assistance awards, including construction
awards, in support of the national semiconductor technology
center.''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``and capitalize''
before ``an investment fund''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) To work with the Secretary of Labor, the Director of
the National Science Foundation, the Secretary of Energy, the
private sector, institutions of higher education, and
workforce training entities to incentivize and expand
geographically diverse participation in graduate,
undergraduate, and community college programs relevant to
microelectronics, including through--
``(i) the development and dissemination of curricula and
research training experiences; and
``(ii) the development of workforce training programs and
apprenticeships in advanced microelectronic design, research,
fabrication, and packaging capabilities.'';
(3) in subsection (d)--
(A) by striking ``the Manufacturing USA institute'' and
inserting ``a Manufacturing USA institute''; and
(B) by adding at the end the following: ``The Director may
make financial assistance awards, including construction
awards, in support of the National Advanced Packaging
Manufacturing Program.'';
(4) in subsection (f)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``a Manufacturing USA Institute'' and
inserting ``not more than 3 Manufacturing USA Institutes'';
(ii) by striking ``is focused on semiconductor
manufacturing.'' and inserting ``are focused on semiconductor
manufacturing. The Secretary of Commerce may award financial
assistance to any Manufacturing USA Institute for work
relating to semiconductor manufacturing.''; and
(iii) by striking ``Such institute may emphasize'' and
inserting ``Such institutes may emphasize''; and
(5) by adding at the end the following:
``(h) Construction Projects.--Section 602 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3212)
shall apply to a construction project that receives financial
assistance under this section.''.
(d) Additional Authorities.--Division H of title XCIX of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651 et
seq.) is amended by adding at the end the following:
``SEC. 9909. ADDITIONAL AUTHORITIES.
``(a) In General.--In carrying out the responsibilities of
the Department of Commerce under this division, the Secretary
may--
``(1) enter into agreements, including contracts, grants
and cooperative agreements, and other transactions as may be
necessary and on such terms as the Secretary considers
appropriate;
``(2) make advance payments under agreements and other
transactions authorized under paragraph (1) without regard to
section 3324 of title 31, United States Code;
``(3) require a person or other entity to make payments to
the Department of Commerce upon application and as a
condition for receiving support through an award of
assistance or other transaction;
``(4) procure temporary and intermittent services of
experts and consultants in accordance with section 3109 of
title 5, United States Code;
``(5) notwithstanding section 3104 of title 5, United
States Code, or the provisions of any other law relating to
the appointment, number, classification, or compensation of
employees, make appointments of scientific, engineering, and
professional personnel, and fix the basic pay of such
personnel at a rate to be determined by the Secretary at
rates not in excess of the highest total annual compensation
payable at the rate determined under section 104 of title 3,
United States Code, except that the Secretary shall appoint
not more than 25 personnel under this paragraph;
``(6) with the consent of another Federal agency, enter
into an agreement with that Federal agency to use, with or
without reimbursement, any service, equipment, personnel, or
facility of that Federal agency; and
``(7) establish such rules, regulations, and procedures as
the Secretary considers appropriate.
``(b) Requirement.--Any funds received from a payment made
by a person or entity pursuant to subsection (a)(3) shall be
credited to and merged with the account from which support to
the person or entity was made''.
(e) Conforming Amendment.--The table of contents for
division H of title XCIX of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended by adding after the item
relating to section 9908 the following:
``9909. Additional authorities.''.
SEC. 104. OPPORTUNITY AND INCLUSION.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Commerce shall
establish activities in the Department of Commerce, within
the program established under section 9902 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4652), to carry out this section
using funds appropriated under this Act.
(b) In General.--The Secretary of Commerce shall assign
personnel to lead and support the activities carried out
under this section, including coordination with other
workforce development activities of the Department of
Commerce or of Federal agencies, as defined in section 551 of
title 5, United States Code, as appropriate.
(c) Activities.--Personnel assigned by the Secretary to
carry out the activities under this section shall--
(1) assess the eligibility of a covered entity, as defined
in section 9901 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4651), for financial assistance for a project with respect to
the requirements under subclauses (II) and (III) of section
9902(a)(2)(B)(ii) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4652(a)(2)(B)(ii)(II) and (III));
(2) ensure that each covered entity, as defined in section
9901 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651),that
is awarded financial assistance under section 9902 of that
Act (15 U.S.C. 4652) is carrying out the commitments of the
covered entity to economically disadvantaged individuals as
described in the application of the covered entity under that
section by the target dates for completion established by the
Secretary of Commerce under subsection(a)(5)(A) of that
section; and
(3) increase participation of and outreach to economically
disadvantaged individuals, minority-owned businesses,
veteran-owned businesses, and women-owned businesses, as
defined by the Secretary of Commerce, respectively, in the
geographic area of a project under section 9902 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (15 U.S.C. 4652) and serve as a
resource for those individuals, businesses, and covered
entities.
(d) Staff.--The activities under this section shall be
staffed at the appropriate levels to carry out the functions
and responsibilities under this section until 95 percent of
the amounts of funds made available for the program
established under section 9902 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4652) have been expended.
(e) Report.--Beginning on the date that is 1 year after the
date on which the Secretary of Commerce establishes the
activities described in subsection (c), the Secretary of
Commerce shall submit to the appropriate committees of
Congress, as defined in section 9901(1) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4651), and make publicly
available on the website of the Department of Commerce an
annual report regarding the actions taken by the Department
of Commerce under this section.
[[Page H7280]]
SEC. 105. ADDITIONAL GAO REPORTING REQUIREMENTS.
(a) NDAA.--Section 9902(c) of William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4652(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``; and'' and inserting a
semicolon; and
(ii) by adding at the end the following:
``(iii) the Federal Government could take specific actions
to address shortages in the semiconductor supply chain,
including--
``(I) demand-side incentives, including incentives related
to the information and communications technology supply
chain; and
``(II) additional incentives, at national and global
scales, to accelerate utilization of leading-edge
semiconductor nodes to address shortages in mature
semiconductor nodes; and''; and
(B) in subparagraph (C)--
(i) in clause (iii), by striking ``; and'' and inserting a
semicolon; and
(ii) by inserting after clause (iv) the following:
``(v) how projects are supporting the semiconductor needs
of critical infrastructure industries in the United States,
including those industries designated by the Cybersecurity
and Infrastructure Security Agency as essential
infrastructure industries; and''; and
(2) by inserting after paragraph (1)(C)(iv) the following:
``(D) drawing on data made available by the Department of
Labor or other sources, to the extent practicable, an
analysis of--
``(i) semiconductor industry data regarding businesses that
are--
``(I) majority owned and controlled by minority
individuals;
``(II) majority owned and controlled by women; or
``(III) majority owned and controlled by both women and
minority individuals;
``(ii) the number and amount of contracts and subcontracts
awarded by each covered entity using funds made available
under subsection (a) disaggregated by recipients of each such
contract or subcontracts that are majority owned and
controlled by minority individuals and majority owned and
controlled by women; and
``(iii) aggregated workforce data, including data by race
or ethnicity, sex, and job categories.''.
(b) Department of Defense.--Section 9202(a)(1)(G)(ii)(I) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (47 U.S.C.
906(a)(1)(G)(ii)(I)) is amended by inserting ``(including
whether recipients are majority owned and controlled by
minority individuals and majority owned and controlled by
women)'' after ``to whom''.
SEC. 106. APPROPRIATIONS FOR WIRELESS SUPPLY CHAIN
INNOVATION.
(a) Direct Appropriations.--In addition to amounts
otherwise available for such purposes, there is appropriated
to the Public Wireless Supply Chain Innovation Fund
established under section 9202(a)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4652(a)(1)), out of amounts in the Treasury
not otherwise appropriated--
(1) $150,000,000 for fiscal year 2022, to remain available
until September 30, 2031; and
(2) $1,350,000,000 for fiscal year 2023, to remain
available until September 30, 2032.
(b) Use of Funds, Administration, and Oversight.--Of the
amounts made available under subsection (a)--
(1) not more than 5 percent of the amounts allocated
pursuant to subsection (c) in a given fiscal year may be used
by the Assistant Secretary of Commerce for Communications and
Information to administer the programs funded from the Public
Wireless Supply Chain Innovation Fund; and
(2) not less than $2,000,000 per fiscal year shall be
transferred to the Office of Inspector General of the
Department of Commerce for oversight related to activities
conducted using amounts provided under this section.
(c) Allocation Authority.--
(1) Submission of cost estimates.--The President shall
submit to Congress detailed account, program, and project
allocations of the amount recommended for allocation in a
fiscal year from amounts made available under subsection
(a)--
(A) for fiscal years 2022 and 2023, not later than 60 days
after the date of enactment of this Act; and
(B) for each subsequent fiscal year through 2032, as part
of the annual budget submission of the President under
section 1105(a) of title 31, United States Code.
(2) Alternate allocation.--
(A) In general.--The Committees on Appropriations of the
House of Representatives and the Senate may provide for
alternate allocation of amounts recommended for allocation in
a given fiscal year from amounts made available under
subsection (a), including by account, program, and project.
(B) Allocation by president.--
(i) No alternate allocations.--If Congress has not enacted
legislation establishing alternate allocations, including by
account, program, and project, by the date on which the Act
making full-year appropriations for the Departments of
Commerce and Justice, Science, and Related Agencies for the
applicable fiscal year is enacted into law, only then shall
amounts recommended for allocation for that fiscal year from
amounts made available under subsection (a) be allocated by
the President or apportioned or allotted by account, program,
and project pursuant to title 31, United States Code.
(ii) Insufficient alternate allocation.--If Congress enacts
legislation establishing alternate allocations, including by
account, program, and project, for amounts recommended for
allocation in a given fiscal year from amounts made available
under subsection (a) that are less than the full amount
recommended for allocation for that fiscal year, the
difference between the amount recommended for allocation and
the alternate allocation shall be allocated by the President
and apportioned and allotted by account, program, and project
pursuant to title 31, United States Code.
(d) Sequestration.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Postal Service
Fund (18-4020-0-3-372).'' the following:
``Public Wireless Supply Chain Innovation Fund.''.
(e) Budgetary Effects.--
(1) Statutory paygo scorecards.--The budgetary effects of
this section shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(2) Senate paygo scorecards.--The budgetary effects of this
section shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(3) Classification of budgetary effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this section shall not be
estimated--
(A) for purposes of section 251 of such Act;
(B) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(C) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
SEC. 107. ADVANCED MANUFACTURING INVESTMENT CREDIT.
(a) In General.--Subpart E of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 48C the following new section:
``SEC. 48D. ADVANCED MANUFACTURING INVESTMENT CREDIT.
``(a) Establishment of Credit.--For purposes of section 46,
the advanced manufacturing investment credit for any taxable
year is an amount equal to 25 percent of the qualified
investment for such taxable year with respect to any advanced
manufacturing facility of an eligible taxpayer.
``(b) Qualified Investment.--
``(1) In general.--For purposes of subsection (a), the
qualified investment with respect to any advanced
manufacturing facility for any taxable year is the basis of
any qualified property placed in service by the taxpayer
during such taxable year which is part of an advanced
manufacturing facility.
``(2) Qualified property.--
``(A) In general.--For purposes of this subsection, the
term `qualified property' means property--
``(i) which is tangible property,
``(ii) with respect to which depreciation (or amortization
in lieu of depreciation) is allowable,
``(iii) which is--
``(I) constructed, reconstructed, or erected by the
taxpayer, or
``(II) acquired by the taxpayer if the original use of such
property commences with the taxpayer, and
``(iv) which is integral to the operation of the advanced
manufacturing facility.
``(B) Buildings and structural components.--
``(i) In general.--The term `qualified property' includes
any building or its structural components which otherwise
satisfy the requirements under subparagraph (A).
``(ii) Exception.--Clause (i) shall not apply with respect
to a building or portion of a building used for offices,
administrative services, or other functions unrelated to
manufacturing.
``(3) Advanced manufacturing facility.--For purposes of
this section, the term `advanced manufacturing facility'
means a facility for which the primary purpose is the
manufacturing of semiconductors or semiconductor
manufacturing equipment.
``(4) Coordination with rehabilitation credit.--The
qualified investment with respect to any advanced
manufacturing facility for any taxable year shall not include
that portion of the basis of any property which is
attributable to qualified rehabilitation expenditures (as
defined in section 47(c)(2)).
``(5) Certain progress expenditure rules made applicable.--
Rules similar to the rules of subsections (c)(4) and (d) of
section 46 (as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of subsection (a).
``(c) Eligible Taxpayer.--For purposes of this section, the
term `eligible taxpayer' means any taxpayer which--
``(1) is not a foreign entity of concern (as defined in
section 9901(6) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021), and
``(2) has not made an applicable transaction (as defined in
section 50(a)) during the taxable year.
``(d) Elective Payment.--
``(1) In general.--Except as otherwise provided in
paragraph (2)(A), in the case of a taxpayer making an
election (at such time and in such manner as the Secretary
may provide) under this subsection with respect to the credit
determined under subsection (a) with respect to such
taxpayer, such taxpayer shall be treated as making a payment
against the tax imposed by subtitle A (for the taxable year
with respect to
[[Page H7281]]
which such credit was determined) equal to the amount of such
credit.
``(2) Special rules.--For purposes of this subsection--
``(A) Application to partnerships and s corporations.--
``(i) In general.--In the case of the credit determined
under subsection (a) with respect to any property held
directly by a partnership or S corporation, any election
under paragraph (1) shall be made by such partnership or S
corporation. If such partnership or S corporation makes an
election under such paragraph (in such manner as the
Secretary may provide) with respect to such credit--
``(I) the Secretary shall make a payment to such
partnership or S corporation equal to the amount of such
credit,
``(II) paragraph (3) shall be applied with respect to such
credit before determining any partner's distributive share,
or shareholder's pro rata share, of such credit,
``(III) any amount with respect to which the election in
paragraph (1) is made shall be treated as tax exempt income
for purposes of sections 705 and 1366, and
``(IV) a partner's distributive share of such tax exempt
income shall be based on such partner's distributive share of
the otherwise applicable credit for each taxable year.
``(ii) Coordination with application at partner or
shareholder level.--In the case of any property held directly
by a partnership or S corporation, no election by any partner
or shareholder shall be allowed under paragraph (1) with
respect to any credit determined under subsection (a) with
respect to such property.
``(B) Elections.--Any election under paragraph (1) shall be
made not later than the due date (including extensions of
time) for the return of tax for the taxable year for which
the election is made, but in no event earlier than 270 days
after the date of the enactment of this section. Any such
election, once made, shall be irrevocable. Except as
otherwise provided in this subparagraph, any election under
paragraph (1) shall apply with respect to any credit for the
taxable year for which the election is made.
``(C) Timing.--The payment described in paragraph (1) shall
be treated as made on the later of the due date (determined
without regard to extensions) of the return of tax for the
taxable year or the date on which such return is filed.
``(D) Treatment of payments to partnerships and s
corporations.--For purposes of section 1324 of title 31,
United States Code, the payments under subparagraph (A)(i)(I)
shall be treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of such
section.
``(E) Additional information.--As a condition of, and prior
to, any amount being treated as a payment which is made by
the taxpayer under paragraph (1) or any payment being made
pursuant to subparagraph (A), the Secretary may require such
information or registration as the Secretary deems necessary
or appropriate for purposes of preventing duplication, fraud,
improper payments, or excessive payments under this section.
``(F) Excessive payment.--
``(i) In general.--In the case of any amount treated as a
payment which is made by the taxpayer under paragraph (1), or
any payment made pursuant to subparagraph (A), which the
Secretary determines constitutes an excessive payment, the
tax imposed on such taxpayer by chapter 1 for the taxable
year in which such determination is made shall be increased
by an amount equal to the sum of--
``(I) the amount of such excessive payment, plus
``(II) an amount equal to 20 percent of such excessive
payment.
``(ii) Reasonable cause.--Clause (i)(II) shall not apply if
the taxpayer demonstrates to the satisfaction of the
Secretary that the excessive payment resulted from reasonable
cause.
``(iii) Excessive payment defined.--For purposes of this
subparagraph, the term `excessive payment' means, with
respect to property for which an election is made under this
subsection for any taxable year, an amount equal to the
excess of--
``(I) the amount treated as a payment which is made by the
taxpayer under paragraph (1), or the amount of the payment
made pursuant to subparagraph (A), with respect to such
property for such taxable year, over
``(II) the amount of the credit which, without application
of this subsection, would be otherwise allowable (determined
without regard to section 38(c)) under subsection (a) with
respect to such property for such taxable year.
``(3) Denial of double benefit.--In the case of a taxpayer
making an election under this subsection with respect to the
credit determined under subsection (a), such credit shall be
reduced to zero and shall, for any other purposes under this
title, be deemed to have been allowed to the taxpayer for
such taxable year.
``(4) Mirror code possessions.--In the case of any
possession of the United States with a mirror code tax system
(as defined in section 24(k)), this subsection shall not be
treated as part of the income tax laws of the United States
for purposes of determining the income tax law of such
possession unless such possession elects to have this
subsection be so treated.
``(5) Basis reduction and recapture.--Rules similar to the
rules of subsections (a) and (c) of section 50 shall apply
with respect to--
``(A) any amount treated as a payment which is made by the
taxpayer under paragraph (1), and
``(B) any payment made pursuant to paragraph (2)(A).
``(6) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this subsection,
including--
``(A) regulations or other guidance providing rules for
determining a partner's distributive share of the tax exempt
income described in paragraph (2)(A)(i)(III), and
``(B) guidance to ensure that the amount of the payment or
deemed payment made under this subsection is commensurate
with the amount of the credit that would be otherwise
allowable (determined without regard to section 38(c)).
``(e) Termination of Credit.--The credit allowed under this
section shall not apply to property the construction of which
begins after December 31, 2026.''.
(b) Recapture in Connection With Certain Expansions.--
(1) In general.--Section 50(a) of the Internal Revenue Code
of 1986 is amended redesignating paragraphs (3) through (5)
as paragraphs (4) through (6), respectively, and by inserting
after paragraph (2) the following new paragraph:
``(3) Certain expansions in connection with advanced
manufacturing facilities.--
``(A) In general.--If there is a an applicable transaction
by an applicable taxpayer before the close of the 10-year
period beginning on the date such taxpayer placed in service
investment credit property which is eligible for the advanced
manufacturing investment credit under section 48D(a), then
the tax under this chapter for the taxable year in which such
transaction occurs shall be increased by 100 percent of the
aggregate decrease in the credits allowed under section 38
for all prior taxable years which would have resulted solely
from reducing to zero any credit determined under section 46
which is attributable to the advanced manufacturing
investment credit under section 48D(a) with respect to such
property.
``(B) Exception.--Subparagraph (A) shall not apply if the
applicable taxpayer demonstrates to the satisfaction of the
Secretary that the applicable transaction has been ceased or
abandoned within 45 days of a determination and notice by the
Secretary.
``(C) Regulations and guidance.--The Secretary shall issue
such regulations or other guidance as the Secretary
determines necessary or appropriate to carry out the purposes
of this paragraph, including regulations or other guidance
which provide for requirements for recordkeeping or
information reporting for purposes of administering the
requirements of this paragraph.''.
(2) Applicable transaction; applicable taxpayer.--Section
50(a)(6) of the Internal Revenue Code of 1986, as
redesignated by paragraph (1), is amended adding at the end
the following new subparagraphs:
``(D) Applicable transaction.--For purposes of this
subsection--
``(i) In general.--The term `applicable transaction' means,
with respect to any applicable taxpayer, any significant
transaction (as determined by the Secretary, in coordination
with the Secretary of Commerce and the Secretary of Defense)
involving the material expansion of semiconductor
manufacturing capacity of such applicable taxpayer in the
People's Republic of China or a foreign country of concern
(as defined in section 9901(7) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021).
``(ii) Exception.--Such term shall not include a
transaction which primarily involves the expansion of
manufacturing capacity for legacy semiconductors (as defined
in section 9902(a)(6) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021).
``(E) Applicable taxpayer.--For purposes of this
subsection, the term `applicable taxpayer' means any taxpayer
who has been allowed a credit under section 48D(a) for any
prior taxable year.''.
(3) Conforming amendments.--
(A) Section 50(a)(4) of the Internal Revenue Code of 1986,
as redesignated by paragraph (1), is amended--
(i) by inserting ``, or any applicable transaction to which
paragraph (3)(A) applies'' after ``paragraphs (1) and (2)'',
and
(ii) by inserting ``or applicable transaction'' after
``such cessation''.
(B) Section 50(a)(6)(C) of such Code, as redesignated by
paragraph (1), is amended by striking ``paragraph (1) or
(2)'' and inserting ``paragraph (1), (2), or (3)''.
(C) Section 1371(d)(1) of such Code is amended by striking
``section 50(a)(4)'' and inserting ``section 50(a)(5)''.
(c) Exemption of Elective Payments From Sequestration.--
Subsection (d) of section 255 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905) is
amended to read as follows:
``(d) Refundable Income Tax Credits and Certain Elective
Payments.--
``(1) Refundable income tax credits.--Payments to
individuals made pursuant to provisions of the Internal
Revenue Code of 1986 establishing refundable tax credits
shall be exempt from reduction under any order issued under
this part.
``(2) Certain elective payments.--Payments made to
taxpayers pursuant to elections under subsection (d) of
section 48D of the Internal Revenue Code of 1986, or amounts
treated as payments which are made by taxpayers under
paragraph (1) of such subsection, shall be exempt from
reduction under any order issued under this part.''.
(d) Conforming Amendments.--
(1) Paragraph (6) of section 46 of the Internal Revenue
Code of 1986 is amended to read as follows:
``(6) the advanced manufacturing investment credit.''.
(2) Section 49(a)(1)(C) of such Code is amended--
(A) by striking ``and'' at the end of clause (iv),
(B) by striking the period at the end of clause (v) and
inserting ``, and'', and
[[Page H7282]]
(C) by adding at the end the following new clause:
``(vi) the basis of any qualified property (as defined in
subsection (b)(2) of section 48D) which is part of an
advanced manufacturing facility (as defined in subsection
(b)(3) of such section).''.
(3) Section 50(a)(2)(E) of such Code is amended by striking
``or 48C(b)(2)'' and inserting ``48C(b)(2), or 48D(b)(5)''.
(4) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 48C the
following new item:
``Sec. 48D. Advanced manufacturing investment credit.''.
(e) Budgetary Effects.--
(1) Statutory paygo scorecards.--The budgetary effects of
this section shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 933(d)).
(2) Senate paygo scorecards.--The budgetary effects of this
section shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(3) Classification of budgetary effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this section shall not be
estimated--
(A) for purposes of section 251 of such Act;
(B) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(C) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property
placed in service after December 31, 2022, and, for any
property the construction of which begins prior to January 1,
2023, only to the extent of the basis thereof attributable to
the construction, reconstruction, or erection after the date
of enactment of this Act.
(2) Exemption of elective payments from sequestration.--The
amendment made by subsection (c) shall apply to any
sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.)
on or after December 31, 2022.
DIVISION B--RESEARCH AND INNOVATION
SEC. 10000. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION B--RESEARCH AND INNOVATION
Sec. 10000. Table of contents.
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Budgetary effects.
TITLE I--DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
Sec. 10101. Mission of the Office of Science.
Sec. 10102. Basic energy sciences program.
Sec. 10103. Biological and environmental research.
Sec. 10104. Advanced scientific computing research program.
Sec. 10105. Fusion energy research.
Sec. 10106. High energy physics program.
Sec. 10107. Nuclear physics program.
Sec. 10108. Science laboratories infrastructure program.
Sec. 10109. Accelerator research and development.
Sec. 10110. Isotope research, development, and production.
Sec. 10111. Increased collaboration with teachers and scientists.
Sec. 10112. High intensity laser research initiative; helium
conservation program; Office of Science emerging
biological threat preparedness research initiative;
midscale instrumentation and research equipment program;
authorization of appropriations.
Sec. 10113. Established program to stimulate competitive research.
Sec. 10114. Research security.
TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE
Sec. 10201. Definitions.
Subtitle A--Authorization of Appropriations
Sec. 10211. Authorization of appropriations.
Subtitle B--Measurement Research
Sec. 10221. Engineering biology and biometrology.
Sec. 10222. Greenhouse gas measurement research.
Sec. 10223. NIST authority for cybersecurity and privacy activities.
Sec. 10224. Software security and authentication.
Sec. 10225. Digital identity management research.
Sec. 10226. Biometrics research and testing.
Sec. 10227. Federal biometric performance standards.
Sec. 10228. Protecting research from cybersecurity theft.
Sec. 10229. Dissemination of resources for research institutions.
Sec. 10230. Advanced communications research.
Sec. 10231. Neutron scattering.
Sec. 10232. Artificial intelligence.
Sec. 10233. Sustainable chemistry research and education.
Sec. 10234. Premise plumbing research.
Sec. 10235. Dr. David Satcher Cybersecurity Education Grant Program.
Subtitle C--General Activities
Sec. 10241. Educational outreach and support for underrepresented
communities.
Sec. 10242. Other transactions authority.
Sec. 10243. Report to Congress on collaborations with government
agencies.
Sec. 10244. Hiring critical technical experts.
Sec. 10245. International standards development.
Sec. 10246. Standard technical update.
Sec. 10247. GAO study of NIST research security policies and protocols.
Sec. 10248. Standards development organization grants.
Subtitle D--Hollings Manufacturing Extension Partnership
Sec. 10251. Establishment of expansion awards pilot program as a part
of the Hollings Manufacturing Extension Partnership.
Sec. 10252. Update to Hollings Manufacturing Extension Partnership.
Sec. 10253. National Supply Chain Database.
Sec. 10254. Hollings Manufacturing Extension Partnership activities.
Sec. 10255. Amendment to the Hollings Manufacturing Extension
Partnership relating to institutions of higher education.
Subtitle E--Manufacturing USA Program
Sec. 10261. Supporting geographic diversity.
Sec. 10262. Expanding opportunities through the Manufacturing USA
Program.
Sec. 10263. Promoting domestic production of technologies developed
under Manufacturing USA Program.
TITLE III--NATIONAL SCIENCE FOUNDATION FOR THE FUTURE
Subtitle A--Preliminary Matters
Sec. 10301. Sense of Congress.
Sec. 10302. Definitions.
Sec. 10303. Authorization of appropriations.
Subtitle B--STEM Education
Sec. 10311. PreK-12 STEM education.
Sec. 10312. Undergraduate STEM education.
Sec. 10313. Graduate STEM education.
Sec. 10314. STEM workforce data.
Sec. 10315. Cyber workforce development research and development.
Sec. 10316. Federal cyber scholarship-for-service program.
Sec. 10317. Cybersecurity workforce data initiative.
Sec. 10318. Microelectronics workforce development activities.
Sec. 10319. Incorporation of art and design into certain STEM
education.
Sec. 10320. Mandatory cost-sharing.
Sec. 10321. Programs to address the STEM workforce.
Subtitle C--Broadening Participation
Sec. 10321. Presidential awards for excellence in mathematics and
science.
Sec. 10322. Robert Noyce Teacher Scholarship program update.
Sec. 10323. NSF Eddie Bernice Johnson INCLUDES Initiative.
Sec. 10324. Broadening participation on major facilities awards.
Sec. 10325. Expanding geographic and institutional diversity in
research.
Sec. 10326. Diversity in tech research.
Sec. 10327. Chief Diversity Officer of the NSF.
Sec. 10328. Research and dissemination to increase the participation of
women and underrepresented minorities in STEM fields.
Sec. 10329. Activities to expand STEM opportunities.
Sec. 10330. Intramural emerging research institutions pilot program.
Subtitle D--NSF Research Security
Sec. 10331. Office of Research Security and Policy.
Sec. 10332. Chief of Research Security.
Sec. 10333. Reporting to Congress.
Sec. 10334. Online resource.
Sec. 10335. Research awards.
Sec. 10336. Authorities.
Sec. 10337. Responsible conduct in research training.
Sec. 10338. Research security and integrity information sharing
analysis organization.
Sec. 10339. Plan with respect to controlled information and background
screening.
Sec. 10339A. Foundation funding to institutions hosting or supporting
Confucius Institutes.
Sec. 10339B. Foreign financial support.
Sec. 10339C. Authorization of appropriations.
Subtitle E--Fundamental Research
Sec. 10341. Broader impacts.
Sec. 10342. Sense of Congress.
Sec. 10343. Research ethics.
Sec. 10344. Research reproducibility and replicability.
Sec. 10345. Climate change research.
Sec. 10346. Social, behavioral, and economic sciences.
Sec. 10347. Measuring impacts of Federally funded research and
development.
Sec. 10348. Food-energy-water research.
Sec. 10349. Biological Field Stations and Marine Laboratories.
Sec. 10350. Sustainable chemistry research and education.
Sec. 10351. Risk and resilience research.
Sec. 10352. Unmanned aircraft systems technologies.
Sec. 10353. Accelerating unmanned maritime systems technologies.
Sec. 10354. Leveraging international expertise in research.
Sec. 10355. Biological research collections.
Sec. 10356. Clean water research and technology acceleration.
[[Page H7283]]
Sec. 10357. Technology and behavioral science research.
Sec. 10358. Manufacturing research amendment.
Sec. 10359. Critical minerals mining research and development.
Sec. 10360. Study of AI research capacity.
Sec. 10361. Advancing IoT for Precision Agriculture Capabilities Act.
Sec. 10362. Astronomy and satellite constellations.
Sec. 10363. Research on the impact of inflation.
Sec. 10364. Microgravity utilization policy.
Sec. 10365. Recognition of the Arecibo Observatory.
Subtitle F--Research Infrastructure
Sec. 10371. Facility operation and maintenance.
Sec. 10372. Reviews.
Sec. 10373. Helium conservation.
Sec. 10374. Advanced computing.
Sec. 10375. National secure data service.
Subtitle G--Directorate for Technology, Innovation, and Partnerships
Sec. 10381. Establishment.
Sec. 10382. Purposes.
Sec. 10383. Activities.
Sec. 10384. Requirements.
Sec. 10385. Assistant Director.
Sec. 10386. Advisory committee.
Sec. 10387. Challenges and focus areas.
Sec. 10388. Regional Innovation Engines.
Sec. 10389. Translation accelerator.
Sec. 10390. Test beds.
Sec. 10391. Planning and capacity building awards.
Sec. 10392. Entrepreneurial fellowships.
Sec. 10393. Scholarships and fellowships.
Sec. 10394. Research and development awards.
Sec. 10395. Scaling innovations in PreK-12 STEM education.
Sec. 10396. Authorities.
Sec. 10397. Coordination of activities.
Sec. 10398. Ethical, legal, and societal considerations.
Sec. 10399. Reports and roadmaps.
Sec. 10399A. Evaluation.
Subtitle H--Administrative Amendments
Sec. 10399D. Supporting veterans in STEM careers.
Sec. 10399E. Sunshine Act compliance.
Sec. 10399F. Science and engineering indicators report submission.
TITLE IV--BIOECONOMY RESEARCH AND DEVELOPMENT
Sec. 10401. Definitions.
Sec. 10402. National engineering biology research and development
initiative.
Sec. 10403. Initiative coordination.
Sec. 10404. Advisory committee on engineering biology research and
development.
Sec. 10405. External review of ethical, legal, environmental, safety,
security, and societal issues.
Sec. 10406. Agency activities.
Sec. 10407. Rule of construction.
TITLE V--BROADENING PARTICIPATION IN SCIENCE
Subtitle A--STEM Opportunities
Sec. 10501. Federal research agency policies for caregivers.
Sec. 10502. Collection and reporting of data on federal research
awards.
Sec. 10503. Policies for review of Federal research awards.
Sec. 10504. Collection of data on demographics of faculty.
Sec. 10505. Cultural and institutional barriers to expanding the
academic and Federal STEM workforce.
Sec. 10506. Existing activities.
Sec. 10507. Report to Congress.
Sec. 10508. Merit review.
Sec. 10509. Determination of budgetary effects.
Sec. 10510. Definition.
Subtitle B--Rural STEM Education Research
Sec. 10511. Definition.
Sec. 10512. National Science Foundation rural STEM activities.
Sec. 10513. Opportunities for online education.
Sec. 10514. National Academies evaluation.
Sec. 10515. GAO review.
Sec. 10516. NIST engagement with rural communities.
Subtitle C--MSI STEM Achievement
Sec. 10521. GAO review.
Sec. 10522. Agency responsibilities.
Sec. 10523. Research at the National Science Foundation.
Sec. 10524. Capacity-building program for developing universities.
Sec. 10525. Tribal Colleges and Universities program.
Sec. 10526. Definitions.
Subtitle D--Combating Sexual Harassment in Science
Sec. 10531. Findings.
Sec. 10532. Purpose.
Sec. 10533. Definition.
Sec. 10534. Research awards.
Sec. 10535. Responsible Conduct Guide.
Sec. 10536. Interagency working group.
Sec. 10537. National Academies assessment.
Sec. 10538. GAO study.
Sec. 10539. Authorization of appropriations.
TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS
Subtitle A--Supporting Early-career Researchers
Sec. 10601. Early-career research fellowship program.
Sec. 10602. Authorization of appropriations.
Subtitle B--National Science and Technology Strategy
Sec. 10611. National science and technology strategy.
Sec. 10612. Strategy and report on the Nation's economic security,
science, research, and innovation to support the national
security strategy.
Sec. 10613. Quadrennial science and technology review.
Subtitle C--Regional Innovation
Sec. 10621. Regional innovation capacity.
Sec. 10622. Regional Clean Energy Innovation Program.
Subtitle D--Research Security
Sec. 10631. Requirements for foreign talent recruitment programs.
Sec. 10632. Malign foreign talent recruitment program prohibition.
Sec. 10633. Review of contracts and agreements.
Sec. 10634. Research security training requirement for Federal research
award personnel.
Sec. 10635. Research funds accounting.
Sec. 10636. Person or entity of concern prohibition.
Sec. 10637. Nondiscrimination.
Sec. 10638. Definitions.
Subtitle E--Coastal and Ocean Acidification Research and Innovation
Sec. 10641. Short title.
Sec. 10642. Purposes.
Sec. 10643. Definitions.
Sec. 10644. Interagency working group.
Sec. 10645. Strategic research plan.
Sec. 10646. NOAA ocean acidification activities.
Sec. 10647. NSF ocean acidification activities.
Sec. 10648. NASA ocean acidification activities.
Sec. 10649. Authorization of appropriations.
Subtitle F--Interagency Working Group
Sec. 10651. Interagency working group.
Subtitle G--Quantum Networking and Communications
Sec. 10661. Quantum networking and communications.
Subtitle H--Blockchain Specialist
Sec. 10671. Establishment of blockchain and cryptocurrency specialist
position within OSTP.
Subtitle I--Partnerships for Energy Security and Innovation
Sec. 10691. Foundation for Energy Security and Innovation.
Subtitle J--Energizing Technology Transfer
Sec. 10701. Definitions.
PART 1--National Clean Energy Technology Transfer Programs
Sec. 10713. National clean energy incubator program.
Sec. 10714. Clean energy technology university prize competition.
Sec. 10715. Clean energy technology transfer coordination.
PART 2--Supporting Technology Development at the National Laboratories
Sec. 10716. Lab partnering service pilot program.
Sec. 10717. Lab-embedded entrepreneurship program.
Sec. 10718. Small business voucher program.
Sec. 10719. Entrepreneurial leave program.
Sec. 10720. National Laboratory non-Federal employee outside employment
authority.
PART 3--Department of Energy Modernization
Sec. 10722. Office of Technology Transitions.
Sec. 10723. Management of Department of Energy demonstration projects.
Sec. 10724. Streamlining prize competitions.
Sec. 10725. Cost-share waiver extension.
Sec. 10726. Special hiring authority for scientific, engineering, and
project management personnel.
Sec. 10727. Technology transfer reports and evaluation.
Subtitle K--Micro Act
Sec. 10731. Microelectronics research for energy innovation.
Subtitle L--National Nuclear University Research Infrastructure
Reinvestment
Sec. 10741. Short title.
Sec. 10742. Purposes.
Sec. 10743. University infrastructure collaboration.
Sec. 10744. Advanced nuclear research infrastructure enhancement
subprogram.
Sec. 10745. Science education and human resources scholarships,
fellowships, and research and development projects.
Subtitle M--Steel Upgrading Partnerships and Emissions Reduction
Sec. 10751. Low-emissions steel manufacturing research program.
Subtitle N--Applied Laboratories Infrastructure Restoration and
Modernization
Sec. 10761. Applied laboratories infrastructure restoration and
modernization.
Subtitle O--Department of Energy Research, Development, and
Demonstration Activities
Sec. 10771. Department of Energy research, development, and
demonstration activities.
Subtitle P--Fission for the Future
Sec. 10781. Advanced nuclear technologies Federal research,
development, and demonstration program.
TITLE VII--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION
ACT
Sec. 10801. Short title.
Sec. 10802. Definitions.
Subtitle A--Exploration
Sec. 10811. Moon to Mars.
Sec. 10812. Space Launch System configurations.
Sec. 10813. Rocket engine test infrastructure.
Sec. 10814. Pearl River maintenance.
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Sec. 10815. Extension and modification relating to International Space
Station.
Sec. 10816. Priorities for International Space Station.
Sec. 10817. Technical amendments relating to Artemis missions.
Subtitle B--Science
Sec. 10821. Science priorities.
Sec. 10822. Search for life.
Sec. 10823. Next generation of astrophysics great observatories.
Sec. 10824. Earth science missions and programs.
Sec. 10825. Planetary Defense Coordination Office.
Subtitle C--Aeronautics
Sec. 10831. Experimental aircraft projects.
Sec. 10832. Unmanned aircraft systems.
Sec. 10833. Cleaner, quieter airplanes.
Subtitle D--Space Technology
Sec. 10841. Space nuclear capabilities.
Sec. 10842. Prioritization of low-enriched uranium technology.
Subtitle E--STEM Engagement
Sec. 10851. Office of STEM Engagement.
Subtitle F--Miscellaneous
Sec. 10861. Program, workforce, and industrial base reviews.
Sec. 10862. Modification of lease of non-excess property.
SEC. 10001. SHORT TITLE.
This division may be cited as the ``Research and
Development, Competition, and Innovation Act''.
SEC. 10002. DEFINITIONS.
In this division:
(1) Artificial intelligence.--The term ``artificial
intelligence'' or ``AI'' has the meaning given such term in
section 5002 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
9401).
(2) Awardee.--The term ``awardee'' means the legal entity
to which Federal assistance is awarded and that is
accountable to the Federal Government for the use of the
funds provided.
(3) Award personnel.--The term ``award personnel'' means
principal investigators and co-principal investigators,
faculty, postdoctoral researchers, and other employees
supported by a grant, cooperative agreement, or contract
under Federal law.
(4) Biomanufacturing.--The term ``biomanufacturing'' means
the utilization of biological systems to develop new and
advance existing products, tools, and processes at commercial
scale.
(5) Emerging research institution.--The term ``emerging
research institution'' means an institution of higher
education with an established undergraduate or graduate
program that has less than $50,000,000 in Federal research
expenditures.
(6) Engineering biology.--The term ``engineering biology''
means the application of engineering design principles and
practices to biological systems, including molecular and
cellular systems, to advance fundamental understanding of
complex natural systems and to enable novel or optimize
functions and capabilities.
(7) EPSCoR.--The term ``EPSCoR'' has the meaning given the
term in section 502 of the America COMPETES Reauthorization
Act of 2010 (42 U.S.C. 1862p note).
(8) EPSCoR institution.--The term ``EPSCoR institution''
means an institution of higher education, nonprofit
organization, or other institution located in a jurisdiction
eligible to participate in the program under section 113 of
the National Science Foundation Authorization Act of 1988 (42
U.S.C. 1862g).
(9) Federal laboratory.--The term ``Federal laboratory''
has the meaning given such term in section 4 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703).
(10) Federal research agency.--The term ``Federal research
agency'' means any Federal agency with an annual extramural
research expenditure of over $100,000,000 in fiscal year 2022
constant dollars.
(11) Foundation.--The term ``Foundation'' means the
National Science Foundation.
(12) Historically black college and university.--The term
``historically Black college and university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(13) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(14) Interagency working group on inclusion in stem.--The
term ``interagency working group on inclusion in STEM'' means
the interagency working group established by section 308 of
the American Innovation and Competitiveness Act (42 U.S.C.
6626).
(15) Labor organization.--The term ``labor organization''
has the meaning given the term in section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5)), except that
such term shall also include--
(A) any organization composed of labor organizations, such
as a labor union federation or a State or municipal labor
body; and
(B) any organization which would be included in the
definition for such term under such section 2(5) but for the
fact that the organization represents--
(i) individuals employed by the United States, any wholly
owned Government corporation, any Federal Reserve Bank, or
any State or political subdivision thereof;
(ii) individuals employed by persons subject to the Railway
Labor Act (45 U.S.C. 151 et seq.); or
(iii) individuals employed as agricultural laborers.
(16) Low-income individual.--The term ``low-income
individual'' means an individual from a family whose taxable
income for the preceding year did not exceed 150 percent of
an amount equal to the poverty level determined by using
criteria of poverty established by the Bureau of the Census.
(17) Manufacturing extension center.--The term
``manufacturing extension center'' has the meaning given the
term ``Center'' in section 25(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(a)).
(18) Manufacturing usa institute.--The term ``Manufacturing
USA institute'' means a Manufacturing USA institute described
in section 34(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)).
(19) Minority-serving institution.--The term ``minority-
serving institution'' means a Hispanic-serving institution as
defined in section 502(a) of the Higher Education Act of 1965
(20 U.S.C. 1101a(a)); an Alaska Native-serving institution or
Native Hawaiian-serving institution as defined in section
317(b) of such Act (20 U.S.C. 1059d(b)); or a Predominantly
Black institution, Asian American and Native American Pacific
Islander-serving institution, or Native American-serving
nontribal institution as defined in section 371(c) of such
Act (20 U.S.C. 1067q(c)).
(20) National academies.--The term ``National Academies''
means the National Academies of Sciences, Engineering, and
Medicine.
(21) Non-profit organization.--The term ``non-profit
organization'' means an organization which is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such code.
(22) Prek-12.--The term ``PreK-12'' means pre-kindergarten
through grade 12.
(23) Quantum information science.--The term ``quantum
information science'' has the meaning given such term in
section 2 of the National Quantum Initiative Act (15 U.S.C.
8801).
(24) Recipient.--The term ``recipient'' means an entity,
usually a non-Federal entity, that receives a Federal award
directly from a Federal research agency. The term
``recipient'' does not include entities that receive
subawards or individuals that are the beneficiaries of the
award.
(25) Research and development award.--The term ``research
and development award'' means support provided to an
individual or entity by a Federal research agency to carry
out research and development activities, which may include
support in the form of a grant, contract, cooperative
agreement, or other such transaction. The term does not
include a grant, contract, agreement or other transaction for
the procurement of goods or services to meet the
administrative needs of a Federal research agency.
(26) Skilled technical work.--The term ``skilled technical
work'' means an occupation that requires a high level of
knowledge in a technical domain and does not require a
bachelor's degree for entry.
(27) Stem.--The term ``STEM'' means science, technology,
engineering, and mathematics, including computer science.
(28) Stem education.--The term ``STEM education'' has the
meaning given the term in section 2 of the STEM Education Act
of 2015 (42 U.S.C. 6621 note).
(29) Technical standard.--The term ``technical standard''
has the meaning given such term in section 12(d)(5) of the
National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note).
(30) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given such term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
SEC. 10003. BUDGETARY EFFECTS.
(a) Statutory Paygo Scorecards.--The budgetary effects of
this division shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 933(d)).
(b) Senate Paygo Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this division shall not be
estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
TITLE I--DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
SEC. 10101. MISSION OF THE OFFICE OF SCIENCE.
Section 209 of the Department of Energy Organization Act
(42 U.S.C. 7139) is amended by adding at the end the
following:
``(d) User Facilities.--The Director shall carry out the
construction, operation, and maintenance of user facilities
to support the mission described in subsection (c). As
practicable, these facilities shall serve the needs of the
Department, industry, the academic community, and other
relevant entities for the purposes of advancing the missions
of the Department, improving the competitiveness of the
United States, protecting public health and safety, and
addressing other national priorities including emergencies.
``(e) Coordination.--
``(1) In general.--The Secretary--
``(A) shall ensure the coordination of the Office of
Science with the other activities of the Department,
including the transfer of knowledge, capabilities, and
relevant technologies
[[Page H7285]]
from basic research programs of the Department to applied
research and development programs of the Department for the
purpose of enabling development of mission-relevant
technologies;
``(B) shall support joint activities among the programs of
the Department;
``(C) shall coordinate with other relevant Federal agencies
operating under existing authorizations relating to subjects
relating to the mission described in subsection (c) in
supporting advancements in related research areas as
appropriate; and
``(D) may form partnerships to enhance the utilization of
and ensure access to user facilities by other Federal
agencies.
``(2) Office of science.--The Director--
``(A) shall ensure the coordination of programs and
activities carried out by the Office of Science; and
``(B) shall direct all programs which have not recently
completed a future planning roadmap consistent with the
funding of such programs authorized under the Research and
Development, Competition, and Innovation Act to complete such
a roadmap.''.
SEC. 10102. BASIC ENERGY SCIENCES PROGRAM.
(a) Department of Energy Research and Innovation Act.--
Section 303 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18641) is amended--
(1) by redesignating subsections (a) through (e) as
subsections (c) through (g), respectively;
(2) by inserting before subsection (c), as so redesignated,
the following:
``(a) Program.--As part of the activities authorized under
section 209 of the Department of Energy Organization Act (42
U.S.C. 7139), the Director shall carry out a research and
development program in basic energy sciences, including
materials sciences and engineering, chemical sciences,
physical biosciences, geosciences, and other disciplines, to
understand, model, and control matter and energy at the
electronic, atomic, and molecular levels in order to provide
the foundations for new energy technologies, address
scientific grand challenges, and support the energy,
environment, and national security missions of the
Department.
``(b) Sustainable Chemistry.--In carrying out chemistry-
related research and development activities under this
section, the Director shall prioritize research and
development of sustainable chemistry to support clean, safe,
and economic alternatives and methodologies to traditional
chemical products and processes.'';
(3) in subsection (d), as so redesignated--
(A) in paragraph (3)--
(i) in subparagraph (C), by striking ``and'' at the end;
(ii) by redesignating subparagraph (D) as subparagraph (E);
and
(iii) by inserting after subparagraph (C) the following:
``(D) autonomous chemistry and materials synthesis and
characterization facilities that leverage advances in
artificial intelligence; and''; and
(B) by adding at the end the following:
``(4) Advanced photon source upgrade.--
``(A) Definitions.--In this paragraph:
``(i) Flux.--The term `flux' means the rate of flow of
photons.
``(ii) Hard x-ray.--The term `hard x-ray' means a photon
with energy greater than 20 kiloelectron volts.
``(B) Upgrade.--The Secretary shall provide for the upgrade
to the Advanced Photon Source described in the publication
approved by the Basic Energy Sciences Advisory Committee on
June 9, 2016, entitled `Report on Facility Upgrades',
including the development of a multibend achromat lattice to
produce a high flux of coherent x-rays within the hard x-ray
energy region and a suite of beamlines optimized for this
source.
``(C) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the upgrade under this paragraph occurs
before March 31, 2026.
``(D) Funding.--Out of funds authorized to be appropriated
under subsection (j), there is authorized to be appropriated
to the Secretary to carry out the upgrade under this
paragraph $14,200,000 for fiscal year 2023.
``(5) Spallation neutron source proton power upgrade.--
``(A) In general.--The Secretary shall provide for the
proton power upgrade to the Spallation Neutron Source.
``(B) Proton power upgrade defined.--In this paragraph, the
term `proton power upgrade' means the Spallation Neutron
Source power upgrade described in--
``(i) the publication entitled `Facilities for the Future
of Science: A Twenty-Year Outlook', published by the Office
of Science of the Department in December, 2003;
``(ii) the publication entitled `Four Years Later: An
Interim Report on Facilities for the Future of Science: A
Twenty-Year Outlook', published by the Office of Science of
the Department in August, 2007; and
``(iii) the publication approved by the Basic Energy
Sciences Advisory Committee on June 9, 2016, entitled `Report
on Facility Upgrades'.
``(C) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the upgrade under this paragraph occurs
before July 30, 2028, with the option for early operation in
2025.
``(D) Funding.--Out of funds authorized to be appropriated
under subsection (j), there is authorized to be appropriated
to the Secretary to carry out the upgrade under this
paragraph--
``(i) $17,000,000 for fiscal year 2023;
``(ii) $14,202,000 for fiscal year 2024; and
``(iii) $1,567,000 for fiscal year 2025.
``(6) Spallation neutron source second target station.--
``(A) In general.--The Secretary shall provide for a second
target station for the Spallation Neutron Source.
``(B) Second target station defined.--In this paragraph,
the term `second target station' means the Spallation Neutron
Source second target station described in--
``(i) the publication entitled, `Facilities for the Future
of Science: A Twenty-Year Outlook', published by the Office
of Science of the Department in December, 2003;
``(ii) the publication entitled, `Four Years Later: An
Interim Report on Facilities for the Future of Science: A
Twenty-Year Outlook', published by the Office of Science of
the Department in August, 2007; and
``(iii) the publication approved by the Basic Energy
Sciences Advisory Committee on June 9, 2016, entitled `Report
on Facility Upgrades'.
``(C) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the second target station under this
paragraph occurs before December 31, 2033, with the option
for early operation in 2029.
``(D) Funding.--Out of funds authorized to be appropriated
under subsection (j), there are authorized to be appropriated
to the Secretary to carry out the activities under this
paragraph, including construction--
``(i) $127,000,000 for fiscal year 2023;
``(ii) $205,000,000 for fiscal year 2024;
``(iii) $279,000,000 for fiscal year 2025;
``(iv) $300,000,000 for fiscal year 2026; and
``(v) $281,000,000 for fiscal year 2027.
``(7) Advanced light source upgrade.--
``(A) Definitions.--In this paragraph:
``(i) Flux.--The term `flux' means the rate of flow of
photons.
``(ii) Soft x-ray.--The term `soft x-ray' means a photon
with energy in the range from 50 to 2,000 electron volts.
``(B) Upgrade.--The Secretary shall provide for the upgrade
to the Advanced Light Source described in the publication
approved by the Basic Energy Sciences Advisory Committee on
June 9, 2016, entitled `Report on Facility Upgrades',
including the development of a multibend achromat lattice to
produce a high flux of coherent x-rays within the soft x-ray
energy region.
``(C) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the upgrade under this paragraph occurs
before September 30, 2029.
``(D) Funding.--Out of funds authorized to be appropriated
under subsection (j), there are authorized to be appropriated
to the Secretary to carry out the upgrade under this
paragraph--
``(i) $135,000,000 for fiscal year 2023;
``(ii) $102,500,000 for fiscal year 2024;
``(iii) $50,000,000 for fiscal year 2025; and
``(iv) $1,400,000 for fiscal year 2026.
``(8) Linac coherent light source ii high energy upgrade.--
``(A) Definitions.--In this paragraph:
``(i) High energy.--The term `high energy', with respect to
an x-ray, means a photon with an energy in the 5 to 13
kiloelectron volt range.
``(ii) High repetition rate.--The term `high repetition
rate' means the delivery of x-ray pulses up to 1,000,000
pulses per second.
``(iii) Ultra-short pulse.--The term `ultra-short pulse',
with respect to an x-ray, means that the x-ray has bursts
capable of durations of less than 100 femtoseconds.
``(B) Upgrade.--The Secretary shall--
``(i) provide for the upgrade to the Linac Coherent Light
Source II facility described in the publication approved by
the Basic Energy Sciences Advisory Committee on June 9, 2016,
entitled `Report on Facility Upgrades', including the
development of experimental capabilities for high energy x-
rays to reveal fundamental scientific discoveries; and
``(ii) ensure such upgrade enables the production and use
of high energy, ultra-short pulse x-rays delivered at a high
repetition rate.
``(C) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the upgrade under this paragraph occurs
before December 31, 2026.
``(D) Funding.--Out of funds authorized to be appropriated
under subsection (j), there are authorized to be appropriated
to the Secretary to carry out the upgrade under this
paragraph--
``(i) $100,000,000 for fiscal year 2023;
``(ii) $130,000,000 for fiscal year 2024;
``(iii) $135,000,000 for fiscal year 2025; and
``(iv) $99,343,000 for fiscal year 2026.
``(9) Cryomodule repair and maintenance facility.--
``(A) In general.--The Secretary shall provide for the
construction of a cryomodule repair and maintenance facility
to service the Linac Coherent Light Source II and subsequent
upgrades.
``(B) Consultation required.--The Secretary shall consult
with the private sector, institutions of higher education,
National Laboratories, and relevant Federal agencies to
ensure that the facility described in subparagraph (A) has
the capability to maintain, repair, and test superconducting
radio frequency accelerator components.
``(C) Funding.--Out of funds authorized to be appropriated
under subsection (j), there are authorized to be appropriated
to the Secretary to carry out the activities under this
paragraph--
``(i) $29,300,000 for fiscal year 2023;
``(ii) $24,000,000 for fiscal year 2024;
``(iii) $20,000,000 for fiscal year 2025; and
``(iv) $15,700,000 for fiscal year 2026.
``(10) Nanoscale science research center recapitalization
project.--
``(A) In general.--The Secretary shall provide for the
recapitalization of the Nanoscale Science Research Centers,
to include the upgrade of equipment at each Center supported
by the Office of Science on the date of enactment of
[[Page H7286]]
the Research and Development, Competition, and Innovation
Act, to accelerate advances in the various fields of science
including nanoscience, materials, chemistry, biology, and
quantum information science.
``(B) Funding.--Out of funds authorized to be appropriated
under subsection (j), there are authorized to be appropriated
to the Secretary to carry out the recapitalization under this
paragraph--
``(i) $25,000,000 for fiscal year 2023; and
``(ii) $25,000,000 for fiscal year 2024.
``(11) National synchrotron light source ii beamline
buildout.--
``(A) In general.--The Secretary shall provide for the
development and construction of experimental stations to
provide significant additional beamline and instrument
capacity, complement the existing portfolio of beamlines, and
complete the buildout of the National Synchrotron Light
Source II.
``(B) Start of operations.--Subject to the availability of
appropriations, the Secretary--
``(i) shall begin carrying out subparagraph (A) not later
than September 30, 2036; and
``(ii) may begin carrying out subparagraph (A)--
``(I) in calendar year 2033; or
``(II) after the construction of individual beamlines is
complete.''; and
(4) by adding at the end the following:
``(h) Computational Materials and Chemical Sciences.--
``(1) In general.--The Director shall support a program of
research and development for the application of advanced
computing practices to foundational and emerging research
problems in chemistry and materials science. Research
activities shall include--
``(A) chemical catalysis research and development;
``(B) the use of large data sets to model materials
phenomena, including through advanced characterization of
materials, materials synthesis, processing, and innovative
use of experimental and theoretical data;
``(C) codesign of chemical system and chemistry modeling
software with advanced computing systems and hardware
technologies; and
``(D) modeling of chemical processes, assemblies, and
reactions such as molecular dynamics and quantum chemistry,
including through novel computing methods.
``(2) Computational materials and chemical sciences
centers.--
``(A) In general.--In carrying out the activities
authorized under paragraph (1), the Director shall select and
establish up to 6 computational materials and chemical
sciences centers to--
``(i) develop open-source, robust, and validated
computational codes and user-friendly software, coupled with
innovative use of experimental and theoretical data, to
enable the design, discovery, and development of new
materials and chemical systems; and
``(ii) focus on overcoming challenges and maximizing the
benefits of exascale and other high performance computing
underpinned by accelerated node technologies.
``(B) Selection.--The Director shall select centers under
subparagraph (A) on a competitive, merit-reviewed basis. The
Director shall consider applications from the National
Laboratories, institutions of higher education, multi-
institutional collaborations, and other appropriate entities.
``(C) Duration.--
``(i) New centers.--A center selected under subparagraph
(A) shall receive support for a period of not more than 5
years beginning on the date of establishment of that center,
subject to the availability of appropriations.
``(ii) Existing centers.--A center already in existence on
the date of enactment of the Research and Development,
Competition, and Innovation Act may continue to receive
support for a period of not more than 5 years beginning on
the date of establishment of that center.
``(D) Renewal.--Upon the expiration of any period of
support of a center under this subsection, the Director may
renew support for the center, on a merit-reviewed basis, for
a period of not more than 5 years.
``(i) Materials Research Database.--
``(1) In general.--The Director shall support the
development of a web-based platform to develop and provide
access to a database of computed information on known and
predicted materials properties and computational tools to
accelerate breakthroughs in materials discovery and design.
``(2) Program.--In carrying out this subsection, the
Director shall--
``(A) conduct cooperative research among National
Laboratories, industry, academia, and other research
institutions to advance understanding, prediction, and
manipulation of materials and facilitate the design of novel
materials;
``(B) develop and maintain data infrastructure at user
facilities that generate data to collect, analyze, label, and
otherwise prepare the data for inclusion in the database;
``(C) leverage existing high performance computing systems
to conduct high throughput calculations, and develop
computational and data mining algorithms for the prediction
of material properties;
``(D) strengthen the foundation for new technologies and
advanced manufacturing; and
``(E) drive the development of advanced materials for
applications that span the Department's missions in energy,
environment, and national security.
``(3) Coordination.--In carrying out this subsection, the
Director shall leverage programs and activities across the
Department, including computational materials and chemical
sciences centers established under subsection (h).
``(4) Funding.--Out of funds authorized to be appropriated
under subsection (j), there is authorized to be appropriated
to the Secretary to carry out activities under this
subsection $10,000,000 for each of fiscal years 2023 through
2027.
``(j) Authorization of Appropriations.--Out of funds
authorized to be appropriated to the Office of Science in a
fiscal year, there are authorized to be appropriated to the
Secretary to carry out the activities described in this
section--
``(1) $2,685,414,000 for fiscal year 2023;
``(2) $2,866,890,840 for fiscal year 2024;
``(3) $2,987,727,170 for fiscal year 2025;
``(4) $3,062,732,781 for fiscal year 2026; and
``(5) $3,080,067,167 for fiscal year 2027.''.
(b) Artificial Photosynthesis.--Section 973 of the Energy
Policy Act of 2005 (42 U.S.C. 16313) is amended--
(1) in subsection (b), by striking paragraph (4) and
inserting the following:
``(4) Funds.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is
authorized to be appropriated to the Secretary to carry out
activities under this subsection $50,000,000 for each of
fiscal years 2023 through 2027.''; and
(2) in subsection (c), by striking paragraph (4) and
inserting the following:
``(4) Funds.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is
authorized to be appropriated to the Secretary to carry out
activities under this subsection $50,000,000 for each of
fiscal years 2023 through 2027.''.
(c) Electricity Storage Research Initiative.--Section 975
of the Energy Policy Act of 2005 (42 U.S.C. 16315) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)(ii), by striking ``and'' after the
semicolon at the end;
(ii) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) to ensure the competitiveness of the United States in
energy storage by fostering an ecosystem linking fundamental
research and development to deployment of storage solutions
while minimizing the environmental impacts of energy storage
technologies.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(ii) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) any other relevant office of the Department.'';
(2) in subsection (b), by striking paragraph (4) and
inserting the following:
``(4) Funding.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is
authorized to be appropriated to the Secretary to carry out
activities under this subsection $50,000,000 for each of
fiscal years 2023 through 2027.'';
(3) in subsection (c), by striking paragraph (4) and
inserting the following:
``(4) Funding.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is
authorized to be appropriated to the Secretary to carry out
activities under this subsection $50,000,000 for each of
fiscal years 2023 through 2027.''; and
(4) in subsection (d), by striking paragraph (4) and
inserting the following:
``(4) Funding.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is
authorized to be appropriated to the Secretary to carry out
activities under this subsection $20,000,000 for each of
fiscal years 2023 through 2027.''.
(d) Foundational Nuclear Science.--
(1) In general.--The Director of the Office of Science
shall support a program of research and development to bridge
scientific barriers to, and expand theoretical and
fundamental knowledge relevant to, understanding nuclear
materials and matter for the benefit of commerce, medicine,
and national security.
(2) Activities.--As part of the program described in
paragraph (1)--
(A) the Director of the Office of Science shall support
basic research to pursue distinct lines of scientific
inquiry, including--
(i) research in nuclear materials science, including the
application of advanced computing practices to foundational
and emerging research areas in nuclear materials science and
discovery, such as--
(I) the advanced characterization of materials;
(II) materials synthesis;
(III) processing;
(IV) the innovative use of experimental and theoretical
data; and
(V) mechanical behavior in unique environments, including
the effects of radiation;
(ii) electrochemistry research and associated techniques
for processing nuclear materials;
(iii) the development of advanced instrumentation and
nuclear data collection to inform the activities described in
clauses (i) and (ii); and
(iv) any other area of research, as determined by the
Director of the Office of Science; and
(B) the Assistant Secretary for Nuclear Energy shall
consult with the Director of the Office of Science to support
the direction of translational research, development, and
validation of physical concepts developed under the program.
(3) Funding.--Of the funds authorized to be appropriated
for basic energy sciences in a fiscal year, there is
authorized to be appropriated to the Secretary of Energy to
carry out activities under this subsection $50,000,000 for
each of fiscal years 2023 through 2027.
(e) Carbon Materials Science Initiative.--
(1) Initiative.--
(A) In general.--The Director of the Office of Science
(referred to in this subsection as the ``Director'') shall
establish a research initiative, to be known as the ``Carbon
Materials Science Initiative'' (referred to in this
subsection as the
[[Page H7287]]
``Initiative''), to expand the fundamental knowledge of coal,
coal-wastes, and carbon ore chemistry useful for
understanding the conversion of carbon to material products.
(B) Coordination.--In carrying out programs and activities
under the Initiative, the Director shall leverage expertise
and resources from the Office of Fossil Energy and Carbon
Management and the United States Geological Survey.
(C) Teams.--
(i) In general.--In carrying out the Initiative, the
Director shall establish and organize activities among
multidisciplinary teams to leverage, to the maximum extent
practicable, expertise from the National Laboratories,
institutions of higher education, and the private sector.
(ii) Goals.--The multidisciplinary teams described in
clause (i) shall pursue expedient, milestone-driven research
goals established by the Director.
(2) Research program.--
(A) In general.--The Director shall carry out under the
Initiative a program to support, and discover fundamental
knowledge relevant to, carbon materials and carbon ore
processing research.
(B) Activities.--As part of the program described in
subparagraph (A), the Director shall, in coordination with
the Assistant Secretary of Energy for Fossil Energy and
Carbon Management, as appropriate, support research to pursue
distinct lines of scientific inquiry, including--
(i) methods of extraction, processing, recycling, and
utilization of the materials and valuable minerals contained
in raw coal and coal-waste;
(ii) methods of improving performance, cost, and
availability of materials for use in carbon capture systems;
and
(iii) unconventional pathways and materials for conversion
of carbon dioxide molecules, minerals, and materials.
(C) Review.--The Director shall periodically review
activities carried out under the program described in
subparagraph (A) to evaluate the achievement of scientific
objectives and research milestones.
(D) Coordination with existing programs and centers.--In
carrying out the program described in subparagraph (A), the
Director shall--
(i) ensure coordination and knowledge sharing with--
(I) the United States Geological Survey; and
(II) the programs and the Carbon Utilization Research
Center established under section 969A of the Energy Policy
Act of 2005 (42 U.S.C. 16298a); and
(ii) avoid duplication of efforts to the maximum extent
practicable.
(3) Carbon materials research centers.--
(A) In general.--In carrying out the activities authorized
under paragraph (2), the Director shall establish 1 center in
each of the 2 major coal-producing regions of the United
States, each of which shall--
(i) be known as a ``Carbon Materials Research Center''
(referred to in this paragraph as a ``Center''); and
(ii) focus on early stage research and development
activities, including--
(I) developing and advancing methods of extracting,
processing, or recycling carbon or other valuable materials
or minerals from raw coal, coal-waste, or other solid carbon
materials, for the development of new carbon-based materials;
(II) methods of improving the structural, physical, and
chemical properties of carbon-based materials or other
valuable materials from raw coal, coal-waste, or other solid
carbon materials and their recyclability;
(III) overcoming the challenges and maximizing the benefits
of commercially extracting, producing, or improving coal-
derived carbon and resulting products; and
(IV) identifying novel pathways and materials for carbon
storage and conversion into useful products.
(B) Selection.--The Director shall--
(i) select Centers under subparagraph (A) on a competitive,
merit-reviewed basis; and
(ii) consider applications from the National Laboratories,
institutions of higher education, multi-institutional
collaborations, and other appropriate entities.
(C) Duration.--A Center shall receive support for a period
of not more than 5 years beginning on the date of
establishment of that Center, subject to the availability of
appropriations.
(D) Renewal.--On the expiration of any period of support of
a Center, the Director may renew support for that Center, on
a merit-reviewed basis, for a period of not more than 5
years.
(E) Existing facilities.--The Director shall--
(i) ensure that the research activities carried out by the
Centers are not duplicative of existing efforts; and
(ii) if practicable, leverage existing user facilities and
other capabilities of the Department of Energy to carry out
the research objectives of the Centers.
(f) Carbon Sequestration Research and Geologic
Computational Science Initiative.--
(1) Initiative.--
(A) In general.--The Secretary of Energy (referred to in
this subsection as the ``Secretary'') shall establish a
research initiative, to be known as the ``Carbon
Sequestration Research and Geologic Computational Science
Initiative'' (referred to in this subsection as the
``Initiative''), to expand the fundamental knowledge, data
collection, data analysis, and modeling of subsurface geology
for the purpose of advancing carbon sequestration in geologic
formations.
(B) Leveraging.--In carrying out programs and activities
under the Initiative, the Secretary shall leverage expertise
and resources from the Office of Fossil Energy and Carbon
Management and the United States Geological Survey.
(C) Teams.--
(i) In general.--In carrying out the Initiative, the
Secretary shall establish and organize activities among
multidisciplinary teams to leverage, to the maximum extent
practicable, expertise from the National Laboratories,
institutions of higher education, and the private sector.
(ii) Goals.--The multidisciplinary teams described in
clause (i) shall pursue aggressive, milestone-driven research
goals established by the Secretary.
(D) Additional activities.--The Secretary may organize
additional activities under this subsection through other
organizational structures.
(2) Research program.--
(A) In general.--The Secretary shall carry out under the
Initiative a program to support research needed for, and
discover knowledge relevant to, the sequestration of carbon
in geologic formations.
(B) Activities.--As part of the program described in
subparagraph (A), the Director of the Office of Science shall
support fundamental research to pursue distinct lines of
scientific inquiry, including--
(i) gathering geologic data for pore space
characterization, including improvements to geologic seismic
imaging;
(ii) evaluating pore space quality, including evaluation of
geologic samples, to determine appropriate sequestration
zones for carbon;
(iii) testing carbon sequestration;
(iv) monitoring carbon migration in geologic formations;
(v) advancements in data analytics, including the analysis
of seismic data, and computational science to improve the
advanced computing, visualization, and imaging of geologic
formations for the sequestration of carbon; and
(vi) predictive understanding of coupled processes in
complex subsurface geologic systems for secure carbon
storage.
(C) Review.--The Secretary shall periodically review
activities carried out under the program described in
subparagraph (A) to evaluate achievement of scientific
objectives and research milestones.
(3) Carbon storage research and geologic computational
science centers.--
(A) In general.--In carrying out the activities authorized
under paragraph (2), the Secretary shall select and establish
not more than 2 carbon storage research and geologic
computational science centers (referred to in this paragraph
as a ``Center'') to develop and advance improvements to data
collection, analysis, and modeling of subsurface geology for
the purpose of advancing carbon sequestration in geologic
formations.
(B) Selection.--
(i) In general.--The Secretary shall--
(I) select Centers under subparagraph (A) on a competitive,
merit-reviewed basis; and
(II) to the maximum extent practicable, locate each Center
in a geographically diverse region with established and
ongoing geologic carbon sequestration research and
demonstration.
(ii) Applications.--In selecting Centers under subparagraph
(A), the Secretary shall consider applications from
institutions of higher education, multi-institutional
collaborations, and other appropriate entities.
(C) Duration.--
(i) New centers.--A Center established after the date of
enactment of this Act shall receive support for a period of
not more than 5 years beginning on the date of establishment
of that Center, subject to the availability of
appropriations.
(ii) Existing centers.--A Center already in existence on
the date of enactment of this Act may continue to receive
support for a period of not more than 5 years beginning on
that date of enactment.
(iii) Renewal.--On expiration of a period of support
described in clause (i) or (ii), the Secretary may renew
support for the Center, on a merit-reviewed basis, for a
period of not more than 5 years.
(4) Coordination with existing programs and centers.--In
carrying out this subsection, the Secretary shall--
(A) ensure coordination with--
(i) the United States Geological Survey; and
(ii) the programs established under section 963 of the
Energy Policy Act of 2005 (42 U.S.C. 16293); and
(B) avoid duplication of efforts to the maximum extent
practicable.
(g) Funding for Carbon Initiatives.--Of the funds
authorized to be appropriated for basic energy sciences in a
fiscal year, there is authorized to be appropriated to the
Secretary to carry out activities under subsections (e) and
(f) $50,000,000 for each of fiscal years 2023 through 2027.
SEC. 10103. BIOLOGICAL AND ENVIRONMENTAL RESEARCH.
(a) Program; Biological Systems; Biomolecular
Characterization and Imaging Science.--Section 306 of the
Department of Energy Research and Innovation Act (42 U.S.C.
18644) is amended--
(1) in subsection (c), by redesignating paragraphs (6)
through (8) as paragraphs (5) through (7), respectively;
(2) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively;
(3) by striking subsection (a) and inserting the following:
``(a) Program.--As part of the duties of the Director
authorized under section 209 of the Department of Energy
Organization Act (42 U.S.C. 7139), and coordinated with the
activities authorized under sections 303 and 304, the
Director shall carry out a program of research and
development in the areas of biological systems science
[[Page H7288]]
and climate and environmental science, including subsurface
science, relevant to the development of new energy
technologies and to support the energy, environmental, and
national security missions of the Department.
``(b) Biological Systems.--The Director shall carry out
research and development activities in genomic science
including fundamental research on plants and microbes to
increase systems-level understanding of the complex
biological systems, which may include activities--
``(1) to provide a fundamental understanding of the biology
of plants, fungi, and microbes as a basis for developing
innovative processes for bioenergy and bioproducts and
accelerate breakthroughs and new knowledge that would enable
the cost-effective, sustainable production of--
``(A) advanced biofuels;
``(B) bioenergy; and
``(C) biobased materials;
``(2) to conduct foundational functional systems biology
research--
``(A) to support expanded biosystems design research; and
``(B) to understand--
``(i) fundamental genome structure; and
``(ii) phenomes, including functional genomics of gene
products at genome scale;
``(3) to develop biosystems designs and synthetic biology
approaches for new nonfood plant-derived and microbially
derived bioproducts as a basis for new bioeconomy and
biotechnology applications in bioproducts production,
resource recovery, recycling, and upcycling ventures;
``(4) to better understand the behavior of microbiomes in
the environment and the interdependencies between plants and
microbes in a sustainable ecosystem;
``(5) to improve fundamental understanding of plant and
microbial processes impacting the global carbon cycle,
including processes for removing carbon dioxide from the
atmosphere, through photosynthesis and other biological
processes, for sequestration, storage, and utilization;
``(6) to understand the microbiome mechanisms and
microbiota used to transform, immobilize, or remove
contaminants from subsurface environments and that affect the
cycling and disposition of carbon, nutrients, and
contaminants in the environment;
``(7) to develop the computational approaches and
integrated platforms for open access collaborative science;
``(8) to leverage tools and approaches across the Office of
Science to expand research to include novel processes,
methods, and science to develop bio-based chemicals,
polymers, inorganic materials, including research--
``(A) to advance fungal, microbial, and plant biosystems
design research to advance the understanding of how CRISPR
tools and other gene editing tools and technologies work in
nature, in the laboratory, and in practice;
``(B) to deepen genome-enabled knowledge of the roles of
microbes and microbial communities, including fungi, in--
``(i) supporting plant and tree growth, productivity,
performance, adaptation, and resilience in changing
environmental conditions; and
``(ii) optimizing end uses of biomass;
``(C) to develop biosystems design methods and tools to
increase the efficiency of photosynthesis in plants; and
``(D) to increase the scale and pace of characterizing the
functions and physical characteristics of microbes and
microbial communities to improve biosystems design;
``(9) to conduct research focused on developing analysis
techniques and simulation capabilities, including artificial
intelligence and machine learning, on high-performance
computing platforms to accelerate collaborative and
reproducible systems biology research;
``(10) to develop and improve new technologies for
bioimaging, measurement, and characterization purposes to
understand the structural, spatial, and temporal
relationships of metabolic processes governing phenotypic
expression in plants and microbes;
``(11) to conduct research focused on genotype-to-phenotype
translations to develop a predictive understanding of
cellular function under a variety of relevant environmental
and bioenergy-related conditions;
``(12) to conduct metagenomic and metadata assembly
research sequencing and analysis; and
``(13) to develop other relevant methods and processes as
determined by the Director.
``(c) Biomolecular Characterization and Imaging Science.--
The Director shall carry out research and development
activities in biomolecular characterization and imaging
science, including development of new and integrative imaging
and analysis platforms and biosensors to understand the
expression, structure, and function of genome information
encoded within cells and for real-time measurements in
ecosystems and field sites of relevance to the mission of the
Department.''; and
(4) by adding at the end the following:
``(l) Definitions.--In this section:
``(1) Advanced biofuel.--The term `advanced biofuel' has
the meaning given the term in section 9001 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8101).
``(2) Bioenergy.--The term `bioenergy' means energy derived
from biofuels.
``(3) Biomass.--The term `biomass' has the meaning given
the term in section 203(b) of the Energy Policy Act of 2005
(42 U.S.C. 15852(b)).
``(4) Bioproduct.--The term `bioproduct' has the meaning
given the term `biobased product' in section 9001 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8101).''.
(b) Low-dose Radiation Research Program.--Paragraph (8) of
subsection (e) of section 306 of the Department of Energy
Research and Innovation Act (42 U.S.C. 18644), as
redesignated by subsection (a)(2), is amended--
(1) in subparagraph (C), by striking ``and'';
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(E) $40,000,000 for fiscal year 2025;
``(F) $50,000,000 for fiscal year 2026; and
``(G) $50,000,000 for fiscal year 2027.''.
(c) Low-dose Radiation and Space Radiation Research
Program.--Subsection (f) of section 306 of the Department of
Energy Research and Innovation Act (42 U.S.C. 18644), as
redesignated by subsection (a)(2), is amended to read as
follows:
``(f) Low-dose Radiation and Space Radiation Research
Program.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the National Aeronautics and Space
Administration, shall carry out a basic research program on
the similarities and differences between the effects of
exposure to low-dose radiation on Earth, in low Earth orbit,
and in the space environment.
``(2) Purpose.--The purpose of the program described in
paragraph (1) is to accelerate breakthroughs in low-dose and
low dose-rate radiation research and development as described
in subsection (e) and to inform the advancement of new tools,
technologies, and advanced materials needed to facilitate
long-duration space exploration.''.
(d) Climate, Environmental Science, and Other Activities.--
Section 306 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18644) (as amended by subsection
(a)) is amended by inserting after subsection (f) the
following:
``(g) Earth and Environmental Systems Sciences
Activities.--
``(1) In general.--As part of the activities authorized
under subsection (a), and in coordination with activities
carried out under subsection (b), the Director shall
coordinate with the National Oceanic and Atmospheric
Administration, the National Science Foundation, the
Environmental Protection Agency, the National Aeronautics and
Space Administration, the Department of Agriculture, the
Department of the Interior, and any other relevant agencies
to carry out activities relating to Earth and environmental
systems science research, which may include activities--
``(A) to understand, observe, measure, and model the
response of Earth's atmosphere and biosphere to changing
concentrations of greenhouse gas emissions and any associated
changes in climate, including frequency and intensity of
extreme weather events;
``(B) to understand the coupled physical, chemical, and
biological processes to transform, immobilize, remove, or
move carbon, nitrogen, and other energy production-derived
contaminants such as radionuclides and heavy metals, and
understand the process of sequestration and transformation of
these, carbon dioxide, and other relevant molecules in
subsurface environments;
``(C) to understand, observe, and model the cycling of
water, carbon, and nutrients in terrestrial systems across
spatiotemporal scales;
``(D) to understand the biological, biogeochemical, and
physical processes across the multiple scales that control
the flux of environmentally relevant compounds between the
terrestrial surface and the atmosphere; and
``(E) to understand and predict interactions among natural
and human systems to inform potential mitigation and
adaptation options for increased concentrations of greenhouse
gas emissions and any associated changes in climate.
``(2) Prioritization.--In carrying out the program
authorized under paragraph (1), the Director shall
prioritize--
``(A) the development of software and algorithms to enable
the productive application of environmental systems and
extreme weather in climate and Earth system prediction models
in high-performance computing systems; and
``(B) capabilities that support the Department's mission
needs for energy and infrastructure security, resilience, and
reliability.
``(3) Environmental systems science research.--
``(A) In general.--As part of the activities described in
paragraph (1), the Director shall carry out research to
advance an integrated, robust, and scale-aware predictive
understanding of environmental systems, including the role of
hydrobiogeochemistry, from the subsurface to the top of the
vegetative canopy that considers effects of seasonal to
interannual variability and change.
``(B) Clean water and watershed research.--As part of the
activities described in subparagraph (A), the Director
shall--
``(i) support interdisciplinary research to significantly
advance our understanding of water availability, quality, and
the impact of human activity and a changing climate on urban
and rural watershed systems, including in freshwater
environments;
``(ii) consult with the Interagency Research, Development,
and Demonstration Coordination Committee on the Nexus of
Energy and Water for Sustainability established under section
1010 of the Energy Act of 2020 (Public Law 116-260) on
energy-water nexus research activities;
``(iii) engage with representatives of research and
academic institutions, nonprofit organizations, State,
territorial, local, and Tribal governments, and industry, who
have expertise in technologies, technological innovations, or
practices relating to the energy-water nexus, as applicable;
and
``(iv) coordinate with the National Oceanic and Atmospheric
Administration, the National Science Foundation, the
Environmental Protection Agency, the National Aeronautics and
Space Administration, the Department of Agriculture, the
Department of the Interior, and any other relevant agency.
``(C) Coordination.--
[[Page H7289]]
``(i) Director.--The Director shall carry out activities
under this paragraph in accordance with priorities
established by the Secretary to support and accelerate the
decontamination of relevant facilities managed by the
Department.
``(ii) Secretary.--The Secretary shall ensure the
coordination of activities of the Department, including
activities under this paragraph, to support and accelerate
the decontamination of relevant facilities managed by the
Department.
``(4) Climate and earth modeling.--As part of the
activities described in paragraph (1), the Director, in
collaboration with the Advanced Scientific Computing Research
program described in section 304 and other programs carried
out by the Department, as applicable, and in coordination
with the National Oceanic and Atmospheric Administration, the
National Science Foundation, the National Aeronautics and
Space Administration, and other relevant agencies, shall
carry out research to develop, evaluate, and use high-
resolution regional climate, global climate, Earth system,
and other relevant models to inform decisions on reducing
greenhouse gas emissions and the resulting impacts of a
changing global climate. Such modeling shall include--
``(A) integrated capabilities for modeling multisectoral
interactions, including the impacts of climate policies on
human systems and the interdependencies and risks at the
energy-water-land nexus;
``(B) greenhouse gas emissions, air quality, energy supply
and demand, and other critical elements; and
``(C) interaction among human and Earth systems informed by
interdisciplinary research, including the economic and social
sciences.
``(5) Midscale funding mechanism.--
``(A) In general.--Any of the activities authorized in this
subsection may be carried out, in lieu of individual research
grants--
``(i) by competitively selected midscale, multi-
institutional research centers;
``(ii) by large-scale experiments or user facilities; or
``(iii) through existing facilities and systems of the
Department or the National Oceanic and Atmospheric
Administration.
``(B) Consideration.--The Biological and Environmental
Research Advisory Committee shall provide recommendations to
the Director on projects most suitable for the research
centers described in subparagraph (A).
``(6) Atmospheric systems and sciences research program.--
``(A) In general.--As part of the activities carried out
under paragraph (1), the Director shall carry out a program,
to be known as the `Atmospheric Systems and Sciences Research
Program', to use observations to improve understanding of
atmospheric processes, under which the Director, in
coordination, and as appropriate, collaboration, with the
National Oceanic and Atmospheric Administration and other
relevant Federal agencies conducting research under the
topics described in this subparagraph, shall conduct research
relating to--
``(i) better understanding the atmosphere and the
interaction of the atmosphere with the surface of the Earth;
``(ii) understanding sources of uncertainty in Earth system
models, including with respect to the interdependence of
clouds, atmospheric aerosols, radiation processes, and
precipitation;
``(iii) understanding the radiative balance and
hydrological cycle of Earth;
``(iv) demonstrating the improved predictability of
regional and global atmospheric models due to improved
process-level understanding;
``(v) atmospheric regimes with large uncertainties in earth
system prediction, aerosol processes, warm boundary-layer
processes, convective processes, and high-latitude processes;
``(vi) reduced uncertainty and improved simulation
capability of earth system models of the atmospheric system
in a holistic, comprehensive fashion; and
``(vii) understanding and modeling representation of
priority research areas, including aerosol, warm boundary
layer, convective, and high-latitude processes.
``(B) Activities.--In carrying out the Atmospheric Systems
and Sciences Research Program, the Director shall, in
coordination, and as appropriate, in collaboration, with
other relevant Federal agencies--
``(i) collect data and conduct research to advance
atmospheric and Earth system modeling capabilities;
``(ii) develop or participate in existing or future
integrated, scalable test-beds that--
``(I) incorporate process-level understanding of the life
cycles of aerosols, clouds, and precipitation; and
``(II) can be incorporated into other models;
``(iii) improve data, analysis, and prediction systems in
marine, littoral, terrestrial, and arctic environments,
including those environments sensitive to changes in the
climate, relating to the energy and science mission of the
Department; and
``(iv) support the development of technologies relating
to--
``(I) more accurate cloud, aerosol, and other atmospheric
sensors;
``(II) observing sensor networks; and
``(III) computational predictive modeling.
``(C) Use of atmospheric radiation measurement program
facilities and infrastructure.--To support the Atmospheric
Systems and Sciences Research Program and, in coordination,
and as appropriate, in collaboration, with the National
Oceanic and Atmospheric Administration and other relevant
Federal agencies, to improve fundamental understanding of the
physical and chemical processes that impact the formation,
life cycle, and radiative impacts of cloud and aerosol
particles, atmospheric processes, and surface or subsurface
phenomena, the Director shall use the facilities and
infrastructure of the Atmospheric Radiation Measurement User
Facility, the Global Monitoring Laboratory of the National
Oceanic and Atmospheric Administration, or other Earth and
Environmental Systems Sciences User Facilities--
``(i) to provide support to environmental scientists by
collecting high-quality and well-characterized in-situ,
remote-sensing, and aircraft observations of--
``(I) the microphysical properties of clouds and
atmospheric aerosols;
``(II) the coincident and highly detailed dynamical and
thermodynamic properties of the atmospheric environment that
contains those clouds and aerosols;
``(III) the properties of precipitation;
``(IV) the properties of radiation and the background
environment; and
``(V) the properties of surface or subsurface phenomena;
``(ii) to carry out laboratory studies and ground-based and
airborne field campaigns to target specific atmospheric and
surface or subsurface processes relating to the energy and
science mission of the Department in different locations and
across a range of environments, including by developing
technologies to assist in advancing predictive capabilities;
``(iii) to build data sets that can be incorporated into
atmospheric models; and
``(iv) to enhance observations by using modeling and
simulations that test the accuracy of climate model
parameterizations.
``(h) Biological and Environmental Research User
Facilities.--
``(1) In general.--The Director shall carry out a program
for the development, construction, operation, and maintenance
of user facilities to enhance the collection and analysis of
observational data related to complex biological, climate,
and environmental systems.
``(2) Selection.--
``(A) In general.--The Director shall select user
facilities under paragraph (1) on a competitive, merit-
reviewed basis.
``(B) Applicants.--In selecting user facilities under
paragraph (1), the Director shall consider applications from
the National Laboratories, institutions of higher education,
multi-institutional collaborations, and other appropriate
entities.
``(3) Facility requirements.--To the maximum extent
practicable, the user facilities developed, constructed,
operated, or maintained under paragraph (1) shall include--
``(A) distributed field research and observation platforms
for understanding earth system processes;
``(B) analytical techniques, instruments, and modeling
resources, including high-throughput molecular phenotyping,
for understanding and predicting the functional processes of
biological and environmental systems;
``(C) integrated high-throughput sequencing, advanced
bioanalytic techniques, DNA design and synthesis,
metabolomics, and computational analysis; and
``(D) such other facilities as the Director considers
appropriate, consistent with section 209 of the Department of
Energy Organization Act (42 U.S.C. 7139).
``(4) Existing facilities.--In carrying out the program
established under paragraph (1), the Director is encouraged
to evaluate the capabilities of existing user facilities and,
to the maximum extent practicable, invest in modernization of
those capabilities to address emerging research priorities.
``(5) Earth and environmental systems sciences user
facilities.--In carrying out the program established under
paragraph (1), the Director shall operate at least 1 user
facility to advance the collection, validation, and analysis
of atmospheric data, including through activities--
``(A) to advance knowledge of the Earth and environmental
systems and improve model representations; and
``(B) to measure the impact of atmospheric gases, aerosols,
and clouds on the Earth and environmental systems.
``(6) Microbial molecular phenotyping capability project.--
``(A) In general.--The Secretary shall provide for the
expansion of the Environmental Molecular Sciences Laboratory,
or subsequent facility successor, to advance high-throughput
microbial plant and molecular phenotyping capability to
accelerate discovery of new protein functions and metabolic
pathways in microbial systems.
``(B) Capabilities.--In carrying out subparagraph (A), the
Secretary shall ensure the following capabilities:
``(i) Coupled high-throughput autonomous experimental and
multimodal analytical capabilities.
``(ii) Direct integration of automated multiomics analyses,
biomolecular and cellular imaging, and functional biological
assays with high-throughput microbial culturing and
cultivation capabilities at timescales relevant to biological
processes under natural and perturbed environmental
conditions.
``(C) Data coordination.--In carrying out subparagraph (A),
the Secretary shall ensure integration and coordination with
existing data platforms and user facilities of the
Department.
``(D) Start of operations.--Subject to the availability of
appropriations, the Secretary shall begin carrying out
subparagraph (A) not later than September 29, 2027.
``(E) Funding.--Of the funds authorized to be appropriated
under subsection (k) for a fiscal year, there are authorized
to be appropriated to the Secretary to carry out this
paragraph--
``(i) $550,000 for fiscal year 2023;
``(ii) $29,000,000 for fiscal year 2024;
``(iii) $32,000,000 for fiscal year 2025;
``(iv) $30,500,000 for fiscal year 2026; and
``(v) $27,500,000 for fiscal year 2027.
``(7) User facilities integration and collaboration
program.--
[[Page H7290]]
``(A) In general.--The Director shall support a program of
collaboration between user facilities to encourage and enable
researchers to more readily integrate the tools, expertise,
resources, and capabilities of multiple Office of Science
user facilities (as described in subsection (d) of section
209 of the Department of Energy Organization Act (42 U.S.C.
7139)) to further research and advance emerging technologies.
``(B) Activities.--The program shall advance the
integration of automation, robotics, computational biology,
bioinformatics, biosensing, cellular platforms and other
relevant emerging technologies as determined by the Director
to enhance productivity and scientific impact of user
facilities.
``(8) Coordination.--In carrying out the program authorized
under paragraph (1), the Director shall ensure that the
Office of Science coordinates with--
``(A) the National Oceanic Atmospheric Administration, the
Environmental Protection Agency, the National Aeronautics and
Space Administration, the Department of Agriculture, the
Department of the Interior, and any other relevant Federal
agency on the collection, validation, and analysis of
atmospheric data; and
``(B) relevant stakeholders, including institutions of
higher education, nonprofit research institutions, industry,
State, territorial, local, and Tribal governments, and other
appropriate entities to ensure access to the best available
relevant atmospheric and historical weather data.
``(i) Terrestrial-aquatic Interface Research Initiative.--
``(1) In general.--The Director shall carry out a research
program to enhance the understanding of terrestrial-aquatic
interface. In carrying out the program, the Director shall
prioritize efforts to enhance the collection of observational
data, and shall develop models to analyze the natural and
human processes that interact in littoral zones.
``(2) Littoral data collection system.--The Director shall
establish an integrated system of geographically diverse
field research sites in order to improve the scientific
understanding and predictability of the major land water
interfaces of the United States through improved data
quantity and quality, including in--
``(A) the Great Lakes region;
``(B) the Pacific coast;
``(C) the Atlantic coast;
``(D) the Arctic;
``(E) the Gulf coast; and
``(F) the coasts of United States territories and freely
associated States.
``(3) Existing infrastructure.--In carrying out the
programs and establishing the field research sites under
paragraphs (1) and (2), the Secretary shall leverage existing
research and development infrastructure supported by the
Department, including the Department's existing marine and
coastal research lab.
``(4) Coordination.--For the purposes of carrying out the
programs and establishing the field research sites under
paragraphs (1) and (2), the Secretary may enter into
agreements with Federal departments and agencies with
complementary capabilities, including the National Oceanic
and Atmospheric Administration and any other relevant Federal
agency as appropriate.
``(5) Report.--Not earlier than 2 years after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Director shall provide to the Committee
on Science, Space, and Technology, the Committee on Natural
Resources, and the Committee on Appropriations of the House
of Representatives, and the Committee on Energy and Natural
Resources and the Committee on Appropriations of the Senate,
a report examining whether the system described in paragraph
(2) should be established as a National User Facility within
the Department or as a research facility within another
Federal agency.
``(6) Interoperability.--
``(A) In general.--The Director shall ensure that
activities carried out under paragraphs (1) and (2),
including observation, data collection, monitoring, and model
development and enhancements, are interoperable and may be
integrated with existing related systems at the National
Oceanic and Atmospheric Administration and other relevant
Federal agencies, as practicable.
``(B) Resources.--In carrying out subparagraph (A), in
support of interoperability, as practicable, the Director may
make available to other Federal agencies high performance
computing resources.
``(C) NOAA.--The National Oceanic and Atmospheric
Administration shall integrate the data collected under the
programs carried out under paragraphs (1) and (2) into
relevant data systems and models, as practicable.
``(j) Engineered Ecosystems Initiative.--
``(1) In general.--The Secretary shall establish within the
Biological and Environmental Research program an initiative
focused on the development of engineered ecosystems through
the application of artificial intelligence, novel sensing
capabilities, and other emerging technologies.
``(2) Interagency coordination.--The Secretary shall
coordinate with the Director of the National Science
Foundation, the Administrator of the National Oceanic and
Atmospheric Administration, the Director of the U.S.
Geological Survey, the Secretary of Agriculture, and other
relevant officials to avoid duplication of research and
observational activities and to ensure that activities
carried out under the initiative established under paragraph
(1) are complimentary to activities being undertaken by other
agencies.
``(3) Report.--Not later than 180 days after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Secretary shall submit to the Committee
on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the activity authorized
under this subsection.
``(k) Authorization of Appropriations.--Out of funds
authorized to be appropriated for the Office of Science in a
fiscal year, there are authorized to be appropriated to the
Secretary to carry out the activities described in this
section--
``(1) $885,420,000 for fiscal year 2023;
``(2) $946,745,200 for fiscal year 2024;
``(3) $1,001,149,912 for fiscal year 2025;
``(4) $1,068,818,907 for fiscal year 2026; and
``(5) $1,129,948,041 for fiscal year 2027.''.
(e) Bioenergy Research Centers.--Section 977 of the Energy
Policy Act of 2005 (42 U.S.C. 16317) is amended by striking
subsection (f) and inserting the following:
``(f) Bioenergy Research Centers.--
``(1) In general.--In carrying out the program under
section 306(a) of the Department of Energy Research and
Innovation Act (42 U.S.C. 18644(a)), the Director shall
support up to 6 bioenergy research centers to conduct
fundamental research in plant and microbial systems biology,
biological imaging and analysis, and genomics, and to
accelerate advanced research and development of advanced
biofuels, bioenergy or biobased materials, chemicals, and
products that are produced from a variety of regionally
diverse feedstocks, and to facilitate the translation of
research results to industry. The activities of the centers
authorized under this subsection may include--
``(A) accelerating the domestication of bioenergy-relevant
plants, microbes, and associated microbial communities to
enable high-impact, value-added coproduct development at
multiple points in the bioenergy supply chain;
``(B) developing the science and technological advances to
ensure process sustainability is considered in the creation
of advanced biofuels and bioproducts from lignocellulosic
biomass; and
``(C) using the latest tools in genomics, molecular
biology, catalysis science, chemical engineering, systems
biology, and computational and robotics technologies to
sustainably produce and transform biomass into advanced
biofuels and bioproducts.
``(2) Selection and duration.--
``(A) In general.--A center established under paragraph (1)
shall be selected on a competitive, merit-reviewed basis for
a period of not more than 5 years, subject to the
availability of appropriations, beginning on the date of
establishment of that center.
``(B) Applications.--The Director shall consider
applications from National Laboratories, multi-institutional
collaborations, and other appropriate entities.
``(C) Existing centers.--A center already in existence on
the date of enactment of the Research and Development,
Competition, and Innovation Act may continue to receive
support for a period of not more than 5 years beginning on
the date of establishment of that center.
``(D) New centers.--The Director shall select any new
center pursuant to paragraph (1) on a competitive, merit-
reviewed basis, with special consideration for applications
from an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) that is located in an eligible jurisdiction (as
defined in section 2203(b)(3)(A) of the Energy Policy Act of
1992 (42 U.S.C. 13503(b)(3)(A))).
``(3) Renewal.--After the end of the applicable period
described in paragraph (2), the Director may renew support
for a center for a period of not more than 5 years on a
merit-reviewed basis. For a center in operation for 10 years
after its previous selection on a competitive, merit-reviewed
basis, the Director may renew support for the center on a
competitive, merit-reviewed basis for a period of not more
than 5 years, and may subsequently provide an additional
renewal on a merit-reviewed basis for a period of not more
than 5 years.
``(4) Activities.--Centers shall undertake research
activities to accelerate the production of advanced biofuels
and bioproducts from biomass resources by identifying the
most suitable species of plants for use as energy crops; and
improving methods of breeding, propagation, planting,
producing, harvesting, storage and processing. Activities may
include the following:
``(A) Research activities to increase sustainability,
including--
``(i) advancing knowledge of how bioenergy crop
interactions with biotic and abiotic environmental factors
influence crop growth, yield, and quality;
``(ii) identifying the most impactful research areas that
address the economics of advanced biofuels and bioproducts
production; and
``(iii) utilizing multiscale modeling to advance predictive
understanding of advanced biofuel cropping ecosystems.
``(B) Research activities to further feedstock development,
including lignocellulosic, algal, gaseous wastes including
carbon oxides and methane, and direct air capture of single
carbon gases via plants and microbes, including--
``(i) developing genetic and genomic tools, high-throughput
analytical tools, and biosystems design approaches to enhance
bioenergy feedstocks and their associated microbiomes;
``(ii) conducting field testing of new potential bioenergy
feedstock crops under environmentally benign and
geographically diverse conditions to assess viability and
robustness; and
``(iii) developing quantitative models informed by
experimentation to predict how bioenergy feedstocks perform
under diverse conditions.
``(C) Research activities to improve lignocellulosic
deconstruction and separation methods, including--
``(i) developing feedstock-agnostic deconstruction
processes capable of efficiently fractionating biomass into
targeted output streams;
``(ii) gaining a detailed understanding of plant cell wall
biosynthesis, composition, structure, and properties during
deconstruction; and
[[Page H7291]]
``(iii) improving enzymes and approaches for biomass
breakdown and cellulose, hemicellulose, and lignin
processing.
``(D) Research activities to improve the feedstock
conversion process for advanced biofuels and bioproducts,
including--
``(i) developing high-throughput methods to screen or
select high-performance microbial strains and communities to
improve product formation rates, yields, and selectivity;
``(ii) establishing a broad set of platform microorganisms
and microbial communities suitable for metabolic engineering
to produce advanced biofuels and bioproducts and high-
throughput methods for experimental validation of gene
function;
``(iii) developing techniques to enhance microbial
robustness for tolerating toxins to improve advanced biofuel
and bioproduct yields and to gain a better understanding of
the cellular and molecular bases of tolerance for major
chemical classes of inhibitors found in these processes;
``(iv) advancing technologies for the use of batch,
continuous, and consolidated bioprocessing;
``(v) identifying, creating, and optimizing microbial and
chemical pathways to produce promising, atom-economical
intermediates and final bioproducts from biomass with
considerations given to environmentally benign processes;
``(vi) developing high-throughput, real-time, in situ
analytical techniques to understand and characterize the pre-
and post-bioproduct separation streams in detail;
``(vii) creating methodologies for efficiently identifying
viable target molecules, identifying high-value bioproducts
in existing biomass streams, and utilizing current byproduct
streams;
``(viii) identifying and improving plant feedstocks with
enhanced extractable levels of desired bioproducts or
bioproduct precursors, including lignin streams; and
``(ix) developing integrated biological and chemical
catalytic approaches to valorize and produce a diverse
portfolio of advanced biofuels and bioproducts.
``(5) Industry partnerships.--Centers shall establish
industry partnerships to translate research results to
commercial applications.
``(6) Coordination.--In coordination with the Bioenergy
Technologies Office of the Department, the Secretary shall
support interdisciplinary research activities to improve the
capacity, efficiency, resilience, security, reliability, and
affordability, of the production and use of advanced biofuels
and bioproducts, as well as activities to enable positive
impacts and avoid the potential negative impacts that the
production and use of advanced biofuels and bioproducts may
have on ecosystems, people, and historically marginalized
communities.
``(7) Funding.--Of the funds authorized to be appropriated
under subsection (k) of section 306 of the Department of
Energy Research and Innovation Act (42 U.S.C. 18644) for a
fiscal year, there is authorized to be appropriated to the
Secretary to carry out this subsection $30,000,000 per center
established under paragraph (1) for each of fiscal years 2023
through 2027.
``(8) Definitions.--In this subsection:
``(A) Advanced biofuel.--The term `advanced biofuel' has
the meaning given the term in section 9001 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8101).
``(B) Bioenergy.--The term `bioenergy' means energy derived
from biofuels.
``(C) Biomass.--The term `biomass' has the meaning given
the term in section 203(b) of the Energy Policy Act of 2005
(42 U.S.C. 15852(b)).
``(D) Bioproduct.--The term `bioproduct' has the meaning
given the term `biobased product' in section 9001 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8101).''.
SEC. 10104. ADVANCED SCIENTIFIC COMPUTING RESEARCH PROGRAM.
(a) Advanced Scientific Computing Research.--Section 304 of
the Department of Energy Research and Innovation Act (42
U.S.C. 18642) is amended--
(1) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(2) by inserting before subsection (b), as so redesignated,
the following:
``(a) In General.--As part of the activities authorized
under section 209 of the Department of Energy Organization
Act (42 U.S.C. 7139), the Director shall carry out, in
coordination with academia and relevant public and private
sector entities, a research, development, and demonstration
program--
``(1) to steward applied mathematics, computational
science, and computer science research relevant to the
missions of the Department and the competitiveness of the
United States;
``(2) to develop modeling, simulation, and other
computational tools relevant to other scientific disciplines
and to the development of new energy technologies and other
technologies;
``(3) to advance computing and networking capabilities for
data-driven discovery; and
``(4) to develop advanced scientific computing hardware and
software tools for science and engineering.'';
(3) in subsection (c), as so redesignated--
(A) by striking ``The Director'' and inserting the
following:
``(1) Director.--The Director''; and
(B) by adding at the end the following:
``(2) Coordination.--The Under Secretary for Science shall
ensure the coordination of the activities of the Department,
including activities under this section, to determine and
meet the computational and networking research and facility
needs of the Office of Science and all other relevant energy
technology and energy efficiency programs within the
Department and with other Federal agencies as appropriate.'';
(4) by amending subsection (d), as so redesignated, to read
as follows:
``(d) Applied Mathematics and Software Development for
High-End Computing Systems and Computer Sciences Research.--
``(1) In general.--The Director shall carry out activities
to develop, test, and support--
``(A) mathematics, statistics, and algorithms for modeling
complex systems relevant to the missions of the Department,
including on advanced computing architectures; and
``(B) tools, languages, programming environments, and
operations for high-end computing systems (as defined in
section 2 of the American Super Computing Leadership Act of
2017 (15 U.S.C. 5541)).
``(2) Portfolio balance.--
``(A) In general.--The Director shall maintain a balanced
portfolio within the advanced scientific computing research
and development program established under section 976 of the
Energy Policy Act of 2005 (42 U.S.C. 16316) that supports
robust investment in--
``(i) applied mathematical, computational, and computer
sciences research needs relevant to the mission of the
Department, including foundational areas that are critical to
the advancement of energy sciences and technologies and new
and emerging computing technologies; and
``(ii) associated high-performance computing hardware and
facilities.
``(B) Exascale ecosystem sustainment.--
``(i) Sense of congress.--It is the sense of Congress that
the Exascale Computing Project has successfully created a
broad ecosystem that provides shared software packages, novel
evaluation systems, and applications relevant to the science
and engineering requirements of the Department, and that such
products must be maintained and improved in order that the
full potential of the deployed systems can be continuously
realized.
``(ii) Sustainment.--The Secretary shall seek to sustain
and evolve the ecosystem described in clause (i) to ensure
that the exascale software stack and other research software
will continue to be maintained, hardened, and otherwise
optimized for long-term use on exascale systems and beyond
and reliable availability to the user community.''; and
(5) by adding at the end the following:
``(e) Advanced Computing Program.--
``(1) In general.--The Secretary shall establish a program
to develop and implement a strategy for achieving computing
systems with capabilities beyond exascale computing systems.
In establishing this program, the Secretary shall--
``(A) maintain foundational research programs in
mathematical, computational, and computer sciences focused on
new and emerging computing needs within the mission of the
Department, including post-Moore's law computing
architectures, novel approaches to modeling and simulation,
artificial intelligence and scientific machine learning,
quantum computing, edge computing, extreme heterogeneity,
including potential quantum accelerators, and distributed
high-performance computing;
``(B) retain best practices and maintain support for
essential hardware, applications, and software elements of
the Exascale Computing Program that are necessary for
sustaining the vitality of a long-term capable software
ecosystem for exascale and beyond; and
``(C) develop a Department-wide strategy for balancing on-
premises and cloud-based computing and scientific data
management.
``(2) Report.--Not later than 1 year after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Secretary shall submit to the Committee
on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the development and
implementation of the strategy described in paragraph (1).
``(f) Guidance on Mitigation of Bias in High-performance
Computing Capabilities.--In leveraging high-performance
computing systems for research purposes, including through
the use of machine learning algorithms for data analysis and
artificial intelligence, the Secretary shall issue, and
ensure adherence to, guidance for the Department, the
National Laboratories, and users as to how those capabilities
should be employed in a manner that mitigates and, to the
maximum extent practicable, avoids harmful algorithmic bias.
``(g) Architectural Research in Heterogeneous Computing
Systems.--
``(1) In general.--The Secretary shall carry out a program
of research and development in heterogeneous and
reconfigurable computing systems to expand understanding of
the potential for heterogeneous and reconfigurable computing
systems to deliver high performance, high efficiency
computing for Department mission challenges. The program
shall include research and development that explores the
convergence of big data analytics, simulations, and
artificial intelligence to drive the design of heterogeneous
computing system architectures.
``(2) Coordination.--In carrying out the program described
in paragraph (1), the Secretary shall ensure coordination
between research activities undertaken by the Advanced
Scientific Computing Research program and materials research
supported by the Basic Energy Sciences program within the
Office of Science.
``(h) Energy Efficient Computing Program.--
``(1) In general.--The Secretary shall support a program of
fundamental research, development, and demonstration of
energy efficient computing and data center technologies
relevant to advanced computing applications, including high-
performance computing, artificial intelligence, and
scientific machine learning.
``(2) Execution.--
``(A) Program.--In carrying out the program under paragraph
(1), the Secretary shall--
``(i) establish a partnership for National Laboratories,
industry partners, and institutions of higher education for
codesign of energy efficient
[[Page H7292]]
hardware, technology, software, and applications across all
applicable program offices of the Department, and provide
access to energy efficient computing resources to such
partners;
``(ii) develop hardware and software technologies that
decrease the energy needs of advanced computing practices,
including through data center codesign;
``(iii) consider multiple heterogeneous computing
architectures in collaboration with the program established
under subsection (g), including neuromorphic computing,
persistent computing, and ultrafast networking; and
``(iv) provide, as appropriate, on a competitive, merit-
reviewed basis, access for researchers from institutions of
higher education, National Laboratories, industry, and other
Federal agencies to the energy efficient computing
technologies developed pursuant to clause (i).
``(B) Selection of partners.--In selecting participants for
the partnership established under subparagraph (A)(i), the
Secretary shall select participants through a competitive,
merit review process.
``(C) Report.--Not later than 1 year after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Secretary shall submit to the Committee
on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on--
``(i) the activities conducted under subparagraph (A); and
``(ii) the coordination and management of the program under
subparagraph (A) to ensure an integrated research program
across the Department.
``(i) Energy Sciences Network.--
``(1) In general.--The Secretary shall provide for upgrades
to the Energy Sciences Network user facility in order to meet
the research needs of the Department for highly reliable data
transport capabilities optimized for the requirements of
large-scale science.
``(2) Capabilities.--In carrying out paragraph (1), the
Secretary shall ensure the following capabilities:
``(A) To provide high bandwidth scientific networking
across the continental United States and the Atlantic Ocean.
``(B) To ensure network reliability.
``(C) To protect the network infrastructure from
cyberattacks.
``(D) To manage transport of exponentially increasing
levels of data from the Department's National Laboratories
and sites, user facilities, experiments, and sensors.
``(E) To contribute to the integration of heterogeneous
computing frameworks and systems.
``(j) Computational Science Graduate Fellowship.--
``(1) In general.--The Secretary shall support the
Computational Science Graduate Fellowship program in order to
facilitate collaboration between graduate students and
researchers at the National Laboratories, and contribute to
the development of a diverse and inclusive computational
workforce to help advance research in all areas of
computational science relevant to the mission of the
Department, including quantum computing.
``(2) Funding.--Of the funds authorized to be appropriated
for the Advanced Scientific Computing Research Program, there
are authorized to be appropriated to the Secretary for
carrying out activities under this subsection--
``(A) $15,750,000 for fiscal year 2023;
``(B) $16,537,500 for fiscal year 2024;
``(C) $17,364,375 for fiscal year 2025;
``(D) $18,232,594 for fiscal year 2026; and
``(E) $19,144,223 for fiscal year 2027.
``(k) Authorization of Appropriations.--Out of funds
authorized to be appropriated for the Office of Science in a
fiscal year, there are authorized to be appropriated to the
Secretary to carry out the activities described in this
section--
``(1) $1,126,950,000 for fiscal year 2023;
``(2) $1,194,109,500 for fiscal year 2024;
``(3) $1,265,275,695 for fiscal year 2025;
``(4) $1,340,687,843 for fiscal year 2026; and
``(5) $1,420,599,500 for fiscal year 2027.''.
(b) Quantum Science Network.--
(1) Definitions.--Section 2 of the National Quantum
Initiative Act (15 U.S.C. 8801) is amended--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following:
``(7) Quantum network infrastructure.--The term `quantum
network infrastructure' means any facility, expertise, or
capability that is necessary to enable the development and
deployment of scalable and diverse quantum network
technologies.''.
(2) Department of energy quantum network infrastructure
research and development program.--
(A) In general.--Title IV of the National Quantum
Initiative Act (15 U.S.C. 8851 et seq.) is amended by adding
at the end the following:
``SEC. 403. DEPARTMENT OF ENERGY QUANTUM NETWORK
INFRASTRUCTURE RESEARCH AND DEVELOPMENT
PROGRAM.
``(a) In General.--The Secretary of Energy (referred to in
this section as the `Secretary') shall carry out a research,
development, and demonstration program to accelerate
innovation in quantum network infrastructure in order to--
``(1) facilitate the advancement of distributed quantum
computing systems through the internet and intranet;
``(2) improve the precision of measurements of scientific
phenomena and physical imaging technologies;
``(3) develop secure national quantum communications
technologies and strategies;
``(4) demonstrate quantum networking utilizing the
Department of Energy's Energy Sciences Network User Facility;
and
``(5) advance the relevant domestic supply chains,
manufacturing capabilities, and associated simulations or
modeling capabilities.
``(b) Program.--In carrying out this section, the Secretary
shall--
``(1) coordinate with--
``(A) the Director of the National Science Foundation;
``(B) the Director of the National Institute of Standards
and Technology;
``(C) the Chair of the Subcommittee on Quantum Information
Science of the National Science and Technology Council
established under section 103(a); and
``(D) the Chair of the Subcommittee on the Economic and
Security Implications of Quantum Science;
``(2) conduct cooperative research with industry, National
Laboratories, institutions of higher education, and other
research institutions to facilitate new quantum
infrastructure methods and technologies, including--
``(A) quantum-limited detectors, ultra-low loss optical
channels, space-to-ground connections, and classical
networking and cybersecurity protocols;
``(B) entanglement and hyper-entangled state sources and
transmission, control, and measurement of quantum states;
``(C) quantum interconnects that allow short range local
connections between quantum processors;
``(D) transducers for quantum sources and signals between
optical wavelength regimes, including telecommunications
regimes and quantum computer-relevant domains, including
microwaves;
``(E) development of quantum memory buffers and small-scale
quantum computers that are compatible with photon-based
quantum bits in the optical or telecommunications
wavelengths;
``(F) long-range entanglement distribution, including
allowing entanglement-based protocols between small- and
large scale quantum processors, at the terrestrial and space-
based level using quantum repeaters and optical or laser
communications;
``(G) quantum routers, multiplexers, repeaters, and related
technologies necessary to create secure long-distance quantum
communication; and
``(H) integration of systems across the quantum technology
stack into traditional computing networks, including the
development of remote controlled, high-performance, and
reliable implementations of key quantum network components by
leveraging the expertise, infrastructure and supplemental
investments at the National Laboratories in the Energy
Sciences Network User Facility;
``(3) engage with the Quantum Economic Development
Consortium and other organizations, as applicable, to
transition component technologies to help facilitate as
appropriate the development of a quantum supply chain for
quantum network technologies;
``(4) advance basic research in advanced scientific
computing, particle and nuclear physics, and material science
to enhance the understanding, prediction, and manipulation of
materials, processes, and physical phenomena relevant to
quantum network infrastructure;
``(5) develop experimental tools and testbeds in
collaboration with the Energy Sciences Network User Facility
necessary to support cross-cutting fundamental research and
development activities with diverse stakeholders from
industry, National Laboratories, and institutions of higher
education; and
``(6) consider quantum network infrastructure applications
that span the Department of Energy's missions in energy,
environment, and national security.
``(c) Leveraging.--In carrying out this section, the
Secretary shall leverage resources, infrastructure, and
expertise across the Department of Energy and from--
``(1) the National Institute of Standards and Technology;
``(2) the National Science Foundation;
``(3) the National Aeronautics and Space Administration;
``(4) other relevant Federal agencies;
``(5) the National Laboratories;
``(6) industry stakeholders;
``(7) institutions of higher education; and
``(8) the National Quantum Information Science Research
Centers.
``(d) Research Plan.--Not later than 180 days after the
date of enactment of the Research and Development,
Competition, and Innovation Act, the Secretary shall submit
to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a 4-year research plan that
identifies and prioritizes basic research needs relating to
quantum network infrastructure.
``(e) Standard of Review.--The Secretary shall review
activities carried out under this section to determine the
achievement of technical milestones.
``(f) Funding.--Of the funds authorized to be appropriated
for the Department of Energy's Office of Science, there is
authorized to be appropriated to the Secretary to carry out
the activities under this section $100,000,000 for each of
fiscal years 2023 through 2027.
``SEC. 404. DEPARTMENT OF ENERGY QUANTUM USER EXPANSION FOR
SCIENCE AND TECHNOLOGY PROGRAM.
``(a) In General.--The Secretary of Energy (referred to in
this section as the `Secretary') shall establish and carry
out a program, to be known as the `Quantum User Expansion for
Science and Technology program' or `QUEST program', to
encourage and facilitate access to United States quantum
computing hardware and quantum computing clouds for research
purposes--
``(1) to enhance the United States quantum research
enterprise;
[[Page H7293]]
``(2) to educate the future quantum computing workforce;
``(3) to accelerate the advancement of United States
quantum computing capabilities; and
``(4) to advance the relevant domestic supply chains,
manufacturing processes, and associated simulations or
modeling capabilities.
``(b) Program.--In carrying out this section, the Secretary
shall--
``(1) coordinate with--
``(A) the Director of the National Science Foundation;
``(B) the Director of the National Institute of Standards
and Technology;
``(C) the Chair of the Subcommittee on Quantum Information
Science of the National Science and Technology Council
established under section 103(a); and
``(D) the Chair of the Subcommittee on the Economic and
Security Implications of Quantum Science;
``(2) provide researchers based within the United States
with access to, and use of, United States quantum computing
resources through a competitive, merit-reviewed process;
``(3) consider applications from the National Laboratories,
multi-institutional collaborations, institutions of higher
education, industry stakeholders, and any other entities that
the Secretary determines are appropriate to provide national
leadership on quantum computing related issues;
``(4) coordinate with private sector stakeholders, the user
community, and interagency partners on program development
and best management practices; and
``(5) to the extent practicable, balance user access to
commercial prototypes available for use across a broad class
of applications and Federal research prototypes that enable
benchmarking a wider variety of early-stage devices.
``(c) Leveraging.--In carrying out this section, the
Secretary shall leverage resources and expertise across the
Department of Energy and from--
``(1) the National Institute of Standards and Technology;
``(2) the National Science Foundation;
``(3) the National Aeronautics and Space Administration;
``(4) other relevant Federal agencies;
``(5) the National Laboratories;
``(6) industry stakeholders;
``(7) institutions of higher education; and
``(8) the National Quantum Information Science Research
Centers.
``(d) Security.--In carrying out the activities authorized
by this section, the Secretary, in consultation with the
Director of the National Science Foundation and the Director
of the National Institute of Standards and Technology, shall
ensure proper security controls are in place to protect
sensitive information, as appropriate.
``(e) Funding.--Of the funds authorized to be appropriated
for the Department of Energy's Office of Science, there are
authorized to be appropriated to the Secretary to carry out
the activities under this section--
``(1) $30,000,000 for fiscal year 2023;
``(2) $31,500,000 for fiscal year 2024;
``(3) $33,075,000 for fiscal year 2025;
``(4) $34,728,750 for fiscal year 2026; and
``(5) $36,465,188 for fiscal year 2027.''.
(B) Clerical amendment.--The table of contents in section
1(b) of the National Quantum Initiative Act (Public Law 115-
368; 132 Stat. 5092) is amended by inserting after the item
relating to section 402 the following:
``Sec. 403. Department of Energy quantum network infrastructure
research and development program.
``Sec. 404. Department of Energy quantum user expansion for science and
technology program.''.
SEC. 10105. FUSION ENERGY RESEARCH.
(a) Fusion Energy Research.--Section 307 of the Department
of Energy Research and Innovation Act (42 U.S.C. 18645) is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
appropriately;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``As part of'' and inserting the
following:
``(1) In general.--As part of''; and
(D) by adding at the end the following:
``(2) Authorization of appropriations.--Out of funds
authorized to be appropriated under subsection (q), there is
authorized to be appropriated to the Secretary to carry out
activities described in paragraph (1) $50,000,000 for each of
fiscal years 2023 through 2027.'';
(2) in subsection (d)(3)--
(A) by striking ``(o)'' and inserting ``(q)'';
(B) by striking ``subsection (d)'' and inserting ``this
subsection''; and
(C) by striking ``2025'' and inserting ``2027'';
(3) in subsection (e)(4)--
(A) by striking ``(o)'' and inserting ``(q)'';
(B) by striking ``subsection (e)'' and inserting ``this
subsection''; and
(C) by striking ``2025'' and inserting ``2027'';
(4) in subsection (i)(10)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``(o)'' and inserting ``(q)''; and
(ii) by striking ``subsection (i)'' and inserting ``this
subsection'';
(B) in subparagraph (D), by striking ``and'' at the end;
(C) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following:
``(F) $45,000,000 for fiscal year 2026; and
``(G) $45,000,000 for fiscal year 2027.'';
(5) by striking subsection (j) and inserting the following:
``(j) Fusion Reactor System Design.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Research and Development, Competition,
and Innovation Act, the Director shall establish not less
than 2 national teams described in paragraph (2) that shall--
``(A) develop conceptual pilot plant designs and technology
roadmaps; and
``(B) create an engineering design of a pilot plant that
will bring fusion to commercial viability.
``(2) National teams.--A national team referred to in
paragraph (1) shall--
``(A) be composed of developers, manufacturers,
universities, National Laboratories, and representatives of
the engineering, procurement, and construction industries;
and
``(B) include public-private partnerships.
``(3) Authorization of appropriations.--Of the funds
authorized to be appropriated for Fusion Energy Sciences in a
fiscal year, there are authorized to be appropriated to the
Secretary to carry out this subsection--
``(A) $35,000,000 for fiscal year 2023;
``(B) $50,000,000 for fiscal year 2024;
``(C) $65,000,000 for fiscal year 2025;
``(D) $80,000,000 for fiscal year 2026; and
``(E) $80,000,000 for fiscal year 2027.'';
(6) by redesignating subsection (o) as subsection (r);
(7) by inserting after subsection (n) the following:
``(o) High-performance Computation Collaborative Research
Program.--
``(1) In general.--The Secretary shall carry out a program
to conduct and support collaborative research, development,
and demonstration of fusion energy technologies, through
high-performance computation modeling and simulation
techniques, in order--
``(A) to support fundamental research in plasmas and matter
at very high temperatures and densities;
``(B) to inform the development of a broad range of fusion
energy systems; and
``(C) to facilitate the translation of research results in
fusion energy science to industry.
``(2) Coordination.--In carrying out the program under
paragraph (1), the Secretary shall coordinate with relevant
Federal agencies, and prioritize the following objectives:
``(A) To use expertise from the private sector,
institutions of higher education, and the National
Laboratories to leverage existing, and develop new,
computational software and capabilities that prospective
users may use to accelerate research and development of
fusion energy systems.
``(B) To develop computational tools to simulate and
predict fusion energy science phenomena that may be validated
through physical experimentation.
``(C) To increase the utility of the research
infrastructure of the Department by coordinating with the
Advanced Scientific Computing Research program within the
Office of Science.
``(D) To leverage experience from existing modeling and
simulation entities sponsored by the Department.
``(E) To ensure that new experimental and computational
tools are accessible to relevant research communities,
including private sector entities engaged in fusion energy
technology development.
``(F) To ensure that newly developed computational tools
are compatible with modern virtual engineering and
visualization capabilities to accelerate the realization of
fusion energy technologies and systems.
``(3) Duplication.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of the program under paragraph (1) with the
activities of--
``(A) other research entities of the Department, including
the National Laboratories, the Advanced Research Projects
Agency--Energy, and the Advanced Scientific Computing
Research program within the Office of Science; and
``(B) industry.
``(4) High-performance computing for fusion innovation
center.--
``(A) In general.--In carrying out the program under
paragraph (1), the Secretary shall, in coordination with the
Innovation Network for Fusion Energy, establish and operate a
national High-Performance Computing for Fusion Innovation
Center (referred to in this paragraph as the `Center'), to
support the program under paragraph (1) by providing, to the
extent practicable, a centralized entity for
multidisciplinary, collaborative, fusion energy research and
development through high-performance computing and advanced
data analytics technologies and processes.
``(B) Eligible entities.--An entity eligible to serve as
the Center shall be--
``(i) a National Laboratory;
``(ii) an institution of higher education;
``(iii) a multi-institutional collaboration; or
``(iv) any other entity that the Secretary determines to be
appropriate.
``(C) Application; selection.--
``(i) Application.--To be eligible to serve as the Center,
an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(ii) Selection.--The Secretary shall select the Center on
a competitive, merit-reviewed basis.
``(D) Existing activities.--The Center may incorporate
existing research activities that are consistent with the
program under paragraph (1).
``(E) Priorities.--
``(i) In general.--The Center shall prioritize activities
that utilize expertise and infrastructure from a balance
among the private sector, institutions of higher education,
and the National Laboratories to enhance existing computation
tools and develop new computational software and capabilities
to accelerate the commercial application of fusion energy
systems.
[[Page H7294]]
``(ii) Maintenance of resource availability.--The Secretary
may enter into contracts with commercial cloud computing
providers to ensure that resource availability within the
Department is not reduced or disproportionately distributed
as a result of Center activities.
``(F) Duration.--Subject to subparagraph (G), the Center
shall receive support for a period of not more than 5 years,
subject to the availability of appropriations.
``(G) Renewal.--On the expiration of the period of support
of the Center under subparagraph (F), the Secretary may renew
support for the Center, on a merit-reviewed basis, for a
period of not more than 5 years.
``(p) Material Plasma Exposure Experiment.--
``(1) In general.--The Secretary shall construct a Material
Plasma Exposure Experiment facility as described in the 2020
publication approved by the Fusion Energy Sciences Advisory
Committee entitled `Powering the Future: Fusion and Plasmas'.
The Secretary shall consult with the private sector,
institutions of higher education, National Laboratories, and
relevant Federal agencies to ensure that the facility is
capable of meeting Federal research needs for steady state,
high-heat-flux, and plasma-material interaction testing of
fusion materials over a range of fusion energy relevant
parameters.
``(2) Facility capabilities.--The Secretary shall ensure
that the facility described in paragraph (1) will provide the
following capabilities:
``(A) A magnetic field at the target of 1 Tesla.
``(B) An energy flux at the target of 10 MW/m\2\.
``(C) The ability to expose previously irradiated plasma
facing material samples to plasma.
``(3) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility described in paragraph (1)
occurs before December 31, 2027.
``(4) Funding.--Of the funds authorized to be appropriated
for Fusion Energy Sciences, there are authorized to be
appropriated to the Secretary for the Office of Fusion Energy
Sciences to complete construction of the facility described
in paragraph (1)--
``(A) $21,895,000 for fiscal year 2023; and
``(B) $3,800,000 for fiscal year 2024.
``(q) Matter in Extreme Conditions Instrument Upgrade.--
``(1) In general.--The Secretary shall provide for the
upgrade to the Matter in Extreme Conditions endstation at the
Linac Coherent Light Source as described in the 2020
publication approved by the Fusion Energy Sciences Advisory
Committee entitled `Powering the Future: Fusion and Plasmas'.
The Secretary shall consult with the private sector,
institutions of higher education, National Laboratories, and
relevant Federal agencies to ensure that this facility is
capable of meeting Federal research needs for understanding
physical and chemical changes to plasmas at fundamental
timescales, and explore new regimes of dense material
physics, astrophysics, planetary physics, and short-pulse
laser-plasma interactions.
``(2) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility described in paragraph (1)
occurs before December 31, 2028.''; and
(8) in subsection (r) (as so redesignated)--
(A) by striking ``There'' and inserting ``Out of funds
authorized to be appropriated for the Office of Science in a
fiscal year, there''; and
(B) by striking paragraphs (3) through (5) and inserting
the following:
``(3) $1,025,500,400 for fiscal year 2023;
``(4) $1,043,489,724 for fiscal year 2024;
``(5) $1,053,266,107 for fiscal year 2025;
``(6) $1,047,962,074 for fiscal year 2026; and
``(7) $1,114,187,798 for fiscal year 2027.''.
(b) ITER Construction.--Section 972(c)(3) of the Energy
Policy Act of 2005 (42 U.S.C. 16312(c)(3)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) $379,700,000 for fiscal year 2023;
``(C) $419,250,000 for fiscal year 2024;
``(D) $415,000,000 for fiscal year 2025;
``(E) $370,500,000 for fiscal year 2026; and
``(F) $411,078,000 for fiscal year 2027.''.
SEC. 10106. HIGH ENERGY PHYSICS PROGRAM.
(a) Program.--Section 305 of the Department of Energy
Research and Innovation Act (42 U.S.C. 18643) is amended--
(1) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Program.--As part of the activities authorized under
section 209 of the Department of Energy Organization Act (42
U.S.C. 7139), the Director shall carry out a research program
in elementary particle physics and advanced technology
research and development to improve the understanding of the
fundamental properties of the universe, including
constituents of matter and energy and the nature of space and
time.
``(c) High Energy Frontier Research.--As part of the
program described in subsection (b), the Director shall carry
out research using high energy accelerators and advanced
detectors, including accelerators and detectors that will
function as national user facilities, to create and study
interactions of elementary particles and investigate
fundamental forces.''.
(b) International Collaboration.--Section 305 of the
Department of Energy Research and Innovation Act (42 U.S.C.
18643) is amended by striking subsection (d) (as redesignated
by subsection (a)(1)) and inserting the following:
``(d) International Collaboration.--The Director shall--
``(1) as practicable and in coordination with other
appropriate Federal agencies as necessary, ensure the access
of United States researchers to the most advanced accelerator
facilities and research capabilities in the world, including
the Large Hadron Collider;
``(2) to the maximum extent practicable, continue to
leverage United States participation in the Large Hadron
Collider, and prioritize expanding international partnerships
and investments in the Long-Baseline Neutrino Facility and
Deep Underground Neutrino Experiment; and
``(3) to the maximum extent practicable, prioritize
engagement in collaborative efforts in support of future
international facilities that would provide access to the
most advanced accelerator facilities in the world to United
States researchers.''.
(c) Cosmic Frontier Research.--Section 305 of the
Department of Energy Research and Innovation Act (42 U.S.C.
18645) is amended by striking subsection (f) (as redesignated
by subsection (a)(1)) and inserting the following:
``(f) Cosmic Frontier Research.--The Director shall carry
out research activities on the nature of the primary contents
of the universe, including the nature of dark energy and dark
matter. These activities shall, to the maximum extent
practicable, be consistent with the research priorities
identified by the High Energy Physics Advisory Panel or the
National Academy of Sciences, and may include--
``(1) collaborations with the National Aeronautics and
Space Administration, the National Science Foundation, or
international partners on relevant projects; and
``(2) the development of space-based, land-based, water-
based, and underground facilities and experiments.''.
(d) Further Activities.--Section 305 of the Department of
Energy Research and Innovation Act (42 U.S.C. 18645) (as
amended by subsection (c)), is amended by adding at the end
the following:
``(g) Facility Construction and Major Items of Equipment.--
``(1) Projects.--Consistent with the Office of Science's
project management practices, the Director shall, to the
maximum extent practicable, by incorporating the findings and
recommendations of the 2014 Particle Physics Project
Prioritization Panel (P5) report entitled `Building for
Discovery', support construction or fabrication of--
``(A) an international Long-Baseline Neutrino Facility
based in the United States;
``(B) the Proton Improvement Plan II;
``(C) Second Generation Dark Matter experiments;
``(D) the Legacy Survey of Space and Time camera;
``(E) upgrades to detectors and other components of the
Large Hadron Collider; and
``(F) the Cosmic Microwave Background Stage 4 project; and
``(G) other high priority projects recommended in the most
recent report of the Particle Physics Project Prioritization
Panel of the High Energy Physics Advisory Panel.
``(2) Long-baseline neutrino facility.--
``(A) In general.--The Secretary shall support construction
of a Long-Baseline Neutrino Facility to facilitate the
international Deep Underground Neutrino Experiment to examine
the fundamental properties of neutrinos, explore physics
beyond the Standard Model, and better clarify the existence
and nature of antimatter.
``(B) Facility capabilities.--The Secretary shall ensure
that the facility described in subparagraph (A) will provide,
at a minimum, the following capabilities:
``(i) A neutrino beam with wideband capability of 1.2
megawatts of beam power and upgradable to 2.4 megawatts of
beam power.
``(ii) 3 caverns excavated for a 70 kiloton fiducial
detector mass and supporting surface buildings and utilities.
``(iii) Cryogenic systems to support neutrino detectors.
``(C) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility described in subparagraph (A)
occurs before December 31, 2031.
``(D) Funding.--Out of funds authorized to be appropriated
under subsection (k), there are authorized to be appropriated
to the Secretary to carry out construction of the project
described in subparagraph (A)--
``(i) $180,000,000 for fiscal year 2023;
``(ii) $255,000,000 for fiscal year 2024;
``(iii) $305,000,000 for fiscal year 2025;
``(iv) $305,000,000 for fiscal year 2026; and
``(v) $305,000,000 for fiscal year 2027.
``(3) Proton improvement plan-ii accelerator upgrade
project.--
``(A) In general.--The Secretary shall support construction
of the Proton Improvement Plan II, an upgrade to the Fermilab
accelerator complex identified in the 2014 Particle Physics
Project Prioritization Panel (P5) report entitled `Building
for Discovery', to provide the world's most intense beam of
neutrinos to the international Long Baseline Neutrino
Facility and to carry out a broad range of future high energy
physics experiments. The Secretary shall work with
international partners to enable further significant
contributions to the capabilities of that project.
``(B) Facility capabilities.--The Secretary shall ensure
that the facility described in subparagraph (A) will provide,
at a minimum, the following capabilities:
``(i) A state-of-the-art 800 megaelectron volt
superconducting linear accelerator.
``(ii) Proton beam power of 1.2 megawatts at the start of
LBNF/DUNE, upgradeable to 2.4 megawatts of beam power.
``(iii) A flexible design to enable high power beam
delivery to multiple users simultaneously and customized
beams tailored to specific scientific needs.
[[Page H7295]]
``(iv) Sustained high reliability operation of the Fermilab
accelerator complex.
``(C) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility described in subparagraph (A)
occurs before December 31, 2028.
``(D) Funding.--Out of funds authorized to be appropriated
under subsection (k), there are authorized to be appropriated
to the Secretary to carry out construction of the facility
described in subparagraph (A)--
``(i) $130,000,000 for fiscal year 2023;
``(ii) $120,000,000 for fiscal year 2024;
``(iii) $120,000,000 for fiscal year 2025;
``(iv) $115,000,000 for fiscal year 2026; and
``(v) $110,000,000 for fiscal year 2027.
``(4) Cosmic microwave background stage 4.--
``(A) In general.--The Secretary, in partnership with the
Director of the National Science Foundation, shall support
construction of the Cosmic Microwave Background Stage 4
project to survey the cosmic microwave background to test
theories of cosmic inflation as described in the 2014
Particle Physics Prioritization Panel (P5) report entitled
`Building for Discovery: Strategic Plan for U.S. Particle
Physics in the Global Context.'.
``(B) Consultation.--The Secretary shall consult with the
private sector, institutions of higher education, National
Laboratories, and relevant Federal agencies to ensure that
the project described in subparagraph (A) is capable of
meeting Federal research needs in accessing the ultra-high
energy physics of inflation and important neutrino
properties.
``(C) Experimental capabilities.--The Secretary shall
ensure to the maximum extent practicable that the facility
described in subparagraph (A) will provide, at a minimum,
500,000 superconducting detectors deployed on an array of
millimeter-wave telescopes with the required range in
frequency, sensitivity, and survey speed that will provide
sufficient capability to enable an order of magnitude advance
in observations of the Cosmic Microwave Background,
delivering transformative discoveries in fundamental physics,
cosmology, and astrophysics.
``(D) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility described in subparagraph (A)
occurs before December 31, 2030.
``(E) Funding.--Out of funds authorized to be appropriated
under subsection (k), there are authorized to be appropriated
to the Secretary to carry out construction of the facility
described in subparagraph (A)--
``(i) $10,000,000 for fiscal year 2023;
``(ii) $25,000,000 for fiscal year 2024;
``(iii) $60,000,000 for fiscal year 2025;
``(iv) $80,000,000 for fiscal year 2026; and
``(v) $80,000,000 for fiscal year 2027.
``(h) Accelerator and Detector Upgrades.--The Director
shall upgrade accelerator facilities and detectors, as
necessary and appropriate, to increase beam power, sustain
high reliability, and improve precision measurement to
advance the highest priority particle physics research
programs. In carrying out facility upgrades, the Director
shall continue to work with international partners, when
appropriate and in the United States' interest, to leverage
investments and expertise in critical technologies to help
build and upgrade accelerator and detector facilities in the
United States.
``(i) Accelerator and Detector Research and Development.--
As part of the program described in subsection (b), the
Director shall carry out research and development in particle
beam physics, accelerator science and technology, and
particle and radiation detection with relevance to the
specific needs of the High Energy Physics program, in
coordination with the Accelerator Research and Development
program authorized under section 310.
``(j) Underground Science.--The Director shall--
``(1) support an underground science program consistent
with the missions of the Department and the scientific needs
of the High Energy Physics program, including those
articulated in the most recent report of the Particle Physics
Project Prioritization Panel of the High Energy Physics
Advisory Panel, that leverages the capabilities of relevant
underground science and engineering facilities;
``(2) carry out a competitive grant program to award
scientists and engineers at institutions of higher education,
nonprofit institutions, and National Laboratories to conduct
research in underground science and engineering; and
``(3) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Science, Space,
and Technology of the House of Representatives a report on
the inventory of underground mines in the United States that
may be suitable for future development of underground science
and engineering facilities and any anticipated challenges
associated with repurposing, repair, facility siting, or
construction.
``(k) Authorization of Appropriations.--Out of funds
authorized to be appropriated for the Office of Science in a
fiscal year, there are authorized to be appropriated to the
Secretary to carry out the activities described in this
section--
``(1) $1,159,520,000 for fiscal year 2023;
``(2) $1,289,891,200 for fiscal year 2024;
``(3) $1,428,284,672 for fiscal year 2025;
``(4) $1,499,881,752 for fiscal year 2026; and
``(5) $1,554,874,657 for fiscal year 2027.''.
SEC. 10107. NUCLEAR PHYSICS PROGRAM.
Section 308 of the Department of Energy Research and
Innovation Act (Public Law 115-246; 132 Stat. 3150) is
amended to read as follows:
``SEC. 308. NUCLEAR PHYSICS.
``(a) Program.--As part of the activities authorized under
section 209 of the Department of Energy Organization Act (42
U.S.C. 7139), the Director shall carry out a research
program, and support relevant facilities, to discover and
understand various forms of nuclear matter.
``(b) Electron Ion Collider.--
``(1) In general.--The Secretary shall support construction
of an Electron Ion Collider as described in the 2015 Long
Range Plan of the Nuclear Science Advisory Committee and the
report from the National Academies of Science, Engineering,
and Medicine entitled `An Assessment of U.S.-Based Electron-
Ion Collider Science', in order to measure the internal
structure of the proton and the nucleus and answer
fundamental questions about the nature of visible matter.
``(2) Facility capability.--The Secretary shall ensure that
the facility described in paragraph (1) meets the
requirements in the 2015 Long Range Plan described in that
paragraph, including--
``(A) at least 70 percent polarized beams of electrons and
light ions;
``(B) ion beams from deuterium to the heaviest stable
nuclei;
``(C) variable center of mass energy from 20 to 140 GeV;
``(D) high collision luminosity of 1033 34cm-2s-1; and
``(E) the possibility of more than 1 interaction region.
``(3) Start of operations.--The Secretary shall, subject to
the availability of appropriations, ensure that the start of
full operations of the facility under this subsection occurs
before December 31, 2030.
``(4) Funding.--Out of funds authorized to be appropriated
under subsection (c), there are authorized to be appropriated
to the Secretary to carry out construction of the facility
under this subsection--
``(A) $90,000,000 for fiscal year 2023;
``(B) $181,000,000 for fiscal year 2024;
``(C) $219,000,000 for fiscal year 2025;
``(D) $297,000,000 for fiscal year 2026; and
``(E) $301,000,000 for fiscal year 2027.
``(c) Authorization of Appropriations.--Out of funds
authorized to be appropriated for the Office of Science in a
fiscal year, there are authorized to be appropriated to the
Secretary to carry out the activities described in this
section--
``(1) $840,480,000 for fiscal year 2023;
``(2) $976,508,800 for fiscal year 2024;
``(3) $1,062,239,328 for fiscal year 2025;
``(4) $1,190,833,688 for fiscal year 2026; and
``(5) $1,248,463,709 for fiscal year 2027.''.
SEC. 10108. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM.
Section 309 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18647) is amended by adding at the
end the following:
``(c) Approach.--In carrying out the program under
subsection (a), the Director shall use all available
approaches and mechanisms, as the Secretary determines to be
appropriate, including--
``(1) capital line items;
``(2) minor construction projects;
``(3) energy savings performance contracts;
``(4) utility energy service contracts;
``(5) alternative financing; and
``(6) expense funding.
``(d) Submission to Congress.--For each fiscal year through
fiscal year 2027, at the same time as the annual budget
submission of the President, the Secretary shall submit to
the Committee on Appropriations and the Committee on Energy
and Natural Resources of the Senate and the Committee on
Appropriations and the Committee on Science, Space, and
Technology of the House of Representatives a list of projects
for which the Secretary will provide funding under this
section, including a description of each project and the
funding profile for the project.
``(e) Authorization of Appropriations.--Out of funds
authorized to be appropriated for the Office of Science in a
fiscal year, there is authorized to be appropriated to the
Secretary to carry out the activities described in this
section $550,000,000 for each of fiscal years 2023 through
2027.''.
SEC. 10109. ACCELERATOR RESEARCH AND DEVELOPMENT.
The Department of Energy Research and Innovation Act (42
U.S.C. 18601 et seq.) is amended by adding at the end the
following:
``SEC. 310. ACCELERATOR RESEARCH AND DEVELOPMENT.
``(a) Program.--As part of the activities authorized under
section 209 of the Department of Energy Organization Act (42
U.S.C. 7139), the Director shall carry out a research
program--
``(1) to advance accelerator science and technology
relevant to the Department, other Federal agencies, and
United States industry;
``(2) to foster partnerships to develop, demonstrate, and
enable the commercial application of accelerator
technologies;
``(3) to support the development of a skilled, diverse, and
inclusive accelerator workforce; and
``(4) to provide access to accelerator design and
engineering resources.
``(b) Accelerator Research.--In carrying out the program
authorized under subsection (a), the Director shall support--
``(1) research activities in cross-cutting accelerator
technologies including superconducting magnets and
accelerators, beam physics, data analytics-based accelerator
controls, simulation software, new particle sources, advanced
laser technology, and transformative research; and
``(2) optimal operation of the Accelerator Test Facility.
``(c) Accelerator Development.--In carrying out the program
authorized under subsection (a), the Director shall support
partnerships to foster the development, demonstration,
[[Page H7296]]
and commercial application of accelerator technologies,
including advanced superconducting wire and cable,
superconducting RF cavities, and high efficiency
radiofrequency power sources for accelerators.
``(d) Research Collaborations.--In developing accelerator
technologies under the program authorized under subsection
(a), the Director shall--
``(1) consider the requirements necessary to support
translational research and development for medical,
industrial, security, and defense applications; and
``(2) leverage investments in accelerator technologies and
fundamental research in particle physics by partnering with
institutions of higher education, industry, and other Federal
agencies to enable the commercial application of advanced
accelerator technologies.
``(e) Authorization of Appropriations.--Out of funds
authorized to be appropriated for the Office of Science in a
fiscal year, there are authorized to be appropriated to the
Secretary to carry out the activities described in this
section--
``(1) $19,080,000 for fiscal year 2023;
``(2) $20,224,800 for fiscal year 2024;
``(3) $21,438,288 for fiscal year 2025;
``(4) $22,724,585 for fiscal year 2026; and
``(5) $24,088,060 for fiscal year 2027.''.
SEC. 10110. ISOTOPE RESEARCH, DEVELOPMENT, AND PRODUCTION.
(a) In General.--The Department of Energy Research and
Innovation Act (42 U.S.C. 18601 et seq.) is amended by adding
after section 310 (as added by section 10109) the following:
``SEC. 311. ISOTOPE RESEARCH, DEVELOPMENT, AND PRODUCTION.
``(a) Definition of Critical Radioactive and Stable
Isotope.--
``(1) In general.--In this section, the term `critical
radioactive and stable isotope' means a radioactive and
stable isotope--
``(A) the domestic commercial production of which is
unavailable or inadequate to satisfy the demand of research,
medical, industrial, or related industries in the United
States; and
``(B) the supply of which is augmented through--
``(i) Department production; or
``(ii) foreign suppliers.
``(2) Exclusion.--In this section, the term `critical
radioactive and stable isotope' does not include the medical
isotope molybdenum-99, the production and supply of which is
addressed in the American Medical Isotopes Production Act of
2012 (Public Law 112-239; 126 Stat. 2211) (including the
amendments made by that Act).
``(b) Program.--The Director shall--
``(1) carry out, in coordination with other relevant
programs across the Department, a program--
``(A) for the production of critical radioactive and stable
isotopes, including the development of techniques to produce
isotopes, that the Secretary determines are needed and of
sufficient quality and quantity for research, medical,
industrial, or related purposes;
``(B) for the production of critical radioactive and stable
isotopes that are in short supply or projected to be in short
supply in the future, including byproducts, surplus
materials, and related isotope services;
``(C) to maintain and enhance the infrastructure required
to produce and supply critical radioactive and stable isotope
products and related services;
``(D) to conduct research and development on new and
improved isotope production and processing techniques that
can make critical radioactive and stable isotopes available
for research and application as soon as possible while
assisting in workforce development;
``(E) to reduce domestic dependency on the foreign supply
of critical radioactive and stable isotopes to ensure
national preparedness; and
``(F) to the maximum extent practicable, in accordance
with--
``(i) evidence-based reports, such as the 2015 report of
the Nuclear Science Advisory Committee entitled `Meeting
Isotope Needs and Capturing Opportunities for the Future';
and
``(ii) assessments of isotope supply chains, including the
assessment described in paragraph (3), any reports submitted
pursuant to subsection (d), and other current and future
assessments;
``(2) ensure that isotope production activities carried out
under this subsection are consistent with the statement of
policy entitled `Policies and Procedures for Transfer of
Commercial Radioisotope Production and Distribution to
Private Industry' (30 Fed. Reg. 3247 (March 9, 1965));
``(3) assess the domestic requirements of current and
emerging critical radioactive and stable isotopes and
associated applications, including by consulting end-users,
to identify areas that may require Federal investment for
expedited development of domestic production capacity for
those isotopes, including through public-private
partnerships, as appropriate;
``(4) ensure that actions taken by the Department do not
interfere with, delay, compete with, or otherwise adversely
affect efforts by the private sector to make available or
otherwise facilitate the supply of critical radioactive and
stable isotopes, including efforts under existing agreements
between the Department or contractors of the Department and
the private sector; and
``(5) in coordination with the Assistant Secretary for
Nuclear Energy, assess options for demonstrating the
production of critical radioactive and stable isotopes in
research, test, or commercial nuclear reactors and
accelerators, including reactors and accelerators operated at
universities.
``(c) Advisory Committee.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall establish an
advisory committee (referred to in this subsection as the
`committee') in alignment with the program established under
subsection (b)--
``(A) to carry out the activities previously executed as
part of the Isotope Subcommittee of the Nuclear Science
Advisory Committee; and
``(B) to provide expert advice and assistance to the
Director in carrying out that program.
``(2) Report.--
``(A) In general.--Not later than 1 year after the
committee is established, the committee shall--
``(i) update the 2015 Nuclear Science Advisory Committee
Isotopes Subcommittee Report entitled `Meeting Isotope Needs
and Capturing Opportunities for the Future'; and
``(ii) periodically update that report thereafter as
needed.
``(B) Inclusions.--An updated report under subparagraph (A)
shall include an assessment of--
``(i) current demand in the United States for critical
radioactive and stable isotopes;
``(ii) the impact of continued reliance on foreign supply
of critical radioactive and stable isotopes;
``(iii) proposed mitigation strategies, including
increasing domestic production sources for critical
radioactive and stable isotopes, that--
``(I) are not commercially available; or
``(II) are commercially produced in quantities that are not
sufficient--
``(aa) to satisfy domestic demand; and
``(bb) to minimize production constraints and supply
disruptions to the United States healthcare and industrial
isotope industries;
``(iv) current facilities, including upgrades to those
facilities, and new facilities needed to meet domestic
critical isotope needs; and
``(v) workforce development needs.
``(3) Nonduplication.--The committee shall work in
alignment with, and shall not duplicate the efforts of,
preexisting advisory committees that are advising the program
established under subsection (b).
``(4) FACA.--The committee shall be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
``(d) Report.--
``(1) In general.--Not later than the end of the first
fiscal year beginning after the date of enactment of this
section, and biennially thereafter, the Secretary of Energy
Advisory Board shall submit to the Committees on Energy and
Natural Resources and Environment and Public Works of the
Senate and the Committees on Science, Space, and Technology
and Energy and Commerce of the House of Representatives a
report describing the progress made under the program
established under subsection (b) during the preceding 2
fiscal years.
``(2) Inclusions.--Each report under paragraph (1) shall
include--
``(A) an updated assessment of any critical radioactive and
stable isotope shortages in the United States;
``(B) a description of--
``(i) any disruptions in the international supply of
critical radioactive and stable isotopes during the preceding
2 fiscal years; and
``(ii) the impact of those disruptions on related
activities; and
``(C)(i) a projection of anticipated disruptions in the
international supply, or supply constraints, of critical
radioactive and stable isotopes during the next 2 fiscal
years; and
``(ii) the anticipated impact of those disruptions or
constraints, as applicable, on related domestic activities.
``(e) Authorization of Appropriations.--Out of funds
authorized to be appropriated for the Office of Science in a
fiscal year, there are authorized to be appropriated to the
Secretary to carry out this section--
``(1) $175,708,000 for fiscal year 2023;
``(2) $196,056,480 for fiscal year 2024;
``(3) $215,759,869 for fiscal year 2025;
``(4) $200,633,461 for fiscal year 2026; and
``(5) $146,293,469 for fiscal year 2027.''.
(b) Demonstration of Isotope Production.--Section 952(a) of
the Energy Policy Act of 2005 (42 U.S.C. 16272(a)) is
amended--
(1) by redesignating paragraph (2) as paragraph (4) and
moving the paragraph so as to appear after paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Isotope demonstration evaluation.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Secretary, acting through the Assistant
Secretary for Nuclear Energy, shall evaluate the technical
and economic feasibility of the establishment of an isotope
demonstration subprogram of the program established under
paragraph (1) to support the development and commercial
demonstration of critical radioactive and stable isotope
production in existing commercial nuclear power plants.
``(B) Consultation.--The Secretary, acting through the
Assistant Secretary for Nuclear Energy, shall consult with
the Director of the Office of Science in carrying out the
evaluation under subparagraph (A).
``(C) Definition of critical radioactive and stable
isotope.--In this paragraph, the term `critical radioactive
and stable isotope' has the meaning given the term in section
311(a) of the Department of Energy Research and Innovation
Act.''.
(c) Radioisotope Processing Facility.--
(1) In general.--The Secretary of Energy (referred to in
this subsection as ``the Secretary'') shall construct a
radioisotope processing facility to provide for the growing
radiochemical processing capability needs associated with the
production of critical radioactive isotopes authorized under
section 311 of the Department of Energy Research and
Innovation Act.
(2) Funding.--Out of funds authorized to be appropriated
under section 311(e) of the Department of Energy Research and
Innovation Act,
[[Page H7297]]
there are authorized to be appropriated to the Secretary to
carry out this subsection--
(A) $30,500,000 for fiscal year 2023;
(B) $75,000,000 for fiscal year 2024;
(C) $105,000,000 for fiscal year 2025;
(D) $83,000,000 for fiscal year 2026; and
(E) $43,000,000 for fiscal year 2027.
(d) Stable Isotope Production and Research Center.--
(1) In general.--The Secretary of Energy (referred to in
this subsection as ``the Secretary'') shall establish a
stable isotope production and research center--
(A) to expand the ability of the United States to perform
multiple stable isotope production campaigns at large-scale
production, as authorized under section 311 of the Department
of Energy Research and Innovation Act;
(B) to mitigate the dependence of the United States on
foreign-produced stable isotopes;
(C) to promote economic resilience; and
(D) to conduct research and development on stable isotope
production and associated methods and technology.
(2) Funding.--Out of funds authorized to be appropriated
under section 311(e) of the Department of Energy Research and
Innovation Act, there are authorized to be appropriated to
the Secretary to carry out this subsection--
(A) $74,400,000 for fiscal year 2023;
(B) $46,000,000 for fiscal year 2024;
(C) $31,200,000 for fiscal year 2025;
(D) $33,300,000 for fiscal year 2026; and
(E) $13,900,000 for fiscal year 2027.
SEC. 10111. INCREASED COLLABORATION WITH TEACHERS AND
SCIENTISTS.
(a) In General.--The Department of Energy Research and
Innovation Act (42 U.S.C. 18601 et seq.) is amended by adding
after section 311 (as added by section 10110), the following:
``SEC. 312. INCREASED COLLABORATION WITH TEACHERS AND
SCIENTISTS.
``The Director shall support the development of a
scientific workforce through programs that facilitate
collaboration between and among teachers at elementary
schools and secondary schools served by local educational
agencies, students at institutions of higher education,
early-career researchers, faculty at institutions of higher
education, and the National Laboratories, including through
the use of proven techniques to expand the number of
individuals from underrepresented groups pursuing and
attaining skills or undergraduate and graduate degrees
relevant to the mission of the Office of Science.''.
(b) Authorization of Appropriations.--Section 3169 of the
Department of Energy Science Education Enhancement Act (42
U.S.C. 7381e) is amended--
(1) by striking ``There are'' and inserting ``Out of funds
authorized to be appropriated for the Office of Science of
the Department of Energy in a fiscal year, there are''; and
(2) by striking ``fiscal year 1991'' and inserting ``each
of fiscal years 2023 through 2027''.
(c) Broadening Participation in Workforce Development for
Teachers and Scientists.--
(1) In general.--The Department of Energy Science Education
Enhancement Act is amended by inserting after section 3167
(42 U.S.C. 7381c-1) the following:
``SEC. 3167A. BROADENING PARTICIPATION FOR TEACHERS AND
SCIENTISTS.
``(a) In General.--The Secretary shall--
``(1) expand opportunities to increase the number of highly
skilled science, technology, engineering, and mathematics
(STEM) professionals working in disciplines relevant to the
mission of the Department; and
``(2) broaden the recruitment pool to increase
participation from Historically Black Colleges or
Universities (as defined in section 3167B(f)), Hispanic-
serving institutions (as defined in that section), Tribal
Colleges or Universities (as defined in that section),
minority-serving institutions (as defined in that section),
institutions in eligible jurisdictions (as defined in that
section), emerging research institutions, community colleges,
and scientific societies in those disciplines.
``(b) Plan.--Not later than 1 year after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Secretary shall submit to the Committee
on Science, Space, and Technology of the House of
Representatives and the Committees on Energy and Natural
Resources and Commerce, Science, and Transportation of the
Senate and make available to the public a plan for broadening
participation of underrepresented groups in science,
technology, engineering, and mathematics in programs
supported by the Department, including--
``(1) a plan for supporting relevant Federal research award
grantees and leveraging the National Science Foundation
INCLUDES National Network and relevant partnerships,
including partnerships maintained by other Federal research
agencies;
``(2) metrics for assessing the participation of
underrepresented groups in programs supported by the
Department;
``(3) experienced and potential barriers to broadening
participation of underrepresented groups in programs
supported by the Department, including recommended solutions;
and
``(4) any other activities the Secretary determines
appropriate.
``(c) Authorization of Appropriations.--Of the amounts
authorized to be appropriated under section 3169, not less
than $2,000,000 is authorized to be appropriated each fiscal
year for the activities described in this section.
``SEC. 3167B. EXPANDING OPPORTUNITIES FOR HIGHLY SKILLED
SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS (STEM) PROFESSIONALS.
``(a) In General.--The Secretary shall--
``(1) expand opportunities and increase the number of
highly skilled science, technology, engineering, and
mathematics (STEM) professionals working in disciplines
relevant to the mission of the Department; and
``(2) broaden the recruitment pool to increase
participation from and expand partnerships with Historically
Black Colleges or Universities, Hispanic serving
institutions, Tribal Colleges or Universities, minority-
serving institutions, institutions in eligible jurisdictions,
emerging research institutions, community colleges, and
scientific societies in those disciplines.
``(b) Plan and Outreach Strategy.--
``(1) Plan.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Research and Development, Competition,
and Innovation Act, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a 10-year educational plan to fund
and expand new or existing programs administered by the
Office of Science and sited at the National Laboratories and
Department user facilities to expand educational and
workforce development opportunities for underrepresented
individuals, including--
``(i) high school, undergraduate, and graduate students;
and
``(ii) recent graduates, teachers, and faculty in STEM
fields.
``(B) Contents.--The plan under subparagraph (A) may
include paid internships, fellowships, temporary employment,
training programs, visiting student and faculty programs,
sabbaticals, and research support.
``(2) Outreach capacity.--The Secretary shall include in
the plan under paragraph (1) an outreach strategy to improve
the advertising, recruitment, and promotion of educational
and workforce development programs to community colleges,
Historically Black Colleges or Universities, Hispanic-serving
institutions, Tribal Colleges or Universities, minority-
serving institutions, institutions in eligible jurisdictions,
and emerging research institutions.
``(c) Building Research Capacity.--
``(1) In general.--The Secretary shall develop programs
that strengthen the research capacity relevant to Office of
Science disciplines at emerging research institutions,
including minority-serving institutions, Tribal Colleges or
Universities, Historically Black Colleges or Universities,
institutions in eligible jurisdictions (as defined in section
2203(b)(3)(A) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)(3)(A))), institutions in communities with dislocated
workers who were previously employed in manufacturing, energy
production, including coal power plants, and mineral and
material mining, and other institutions of higher education.
``(2) Inclusions.--The programs developed under paragraph
(1) may include--
``(A) enabling mutually beneficial and jointly managed
partnerships between research-intensive institutions and
emerging research institutions; and
``(B) soliciting research proposals, fellowships, training
programs, and research support directly from emerging
research institutions.
``(d) Traineeships.--
``(1) In general.--The Secretary shall establish a
university-led Traineeship Program to address workforce
development needs in STEM fields relevant to the Department.
``(2) Focus.--The focus of the Traineeship Program
established under paragraph (1) shall be on--
``(A) supporting workforce development and research
experiences for underrepresented undergraduate and graduate
students; and
``(B) increasing participation from underrepresented
populations.
``(3) Inclusion.--The traineeships under the Traineeship
Program established under paragraph (1) shall include
opportunities to build the next-generation workforce in
research areas critical to maintaining core competencies
across the programs of the Office of Science.
``(e) Evaluation.--
``(1) In general.--The Secretary shall establish key
performance indicators to measure and monitor progress of
education and workforce programs and expand Departmental
activities for data collection and analysis.
``(2) Report.--Not later than 2 years after the date of
enactment of the Research and Development, Competition, and
Innovation Act, and every 2 years thereafter, the Secretary
shall submit to the Committee on Science, Space, and
Technology and the Committee on Education and Labor of the
House of Representatives and the Committee on Energy and
Natural Resources and the Committee on Health, Education,
Labor, and Pensions of the Senate a report summarizing
progress toward meeting the key performance indicators
established under paragraph (1).
``(f) Definitions.--In this section:
``(1) Community college.--The term `community college'
means--
``(A) a public institution of higher education, including
additional locations, at which the highest awarded degree, or
the predominantly awarded degree, is an associate degree; or
``(B) any Tribal college or university.
``(2) Dislocated worker.--The term `dislocated worker' has
the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(3) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given the term in
section 502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)).
``(4) Historically black college or university.--The term
`Historically Black College or University' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(5) Institution in an eligible jurisdiction.--The term
`institution in an eligible jurisdiction' means an
institution of higher education (as defined in section 101 of
the Higher
[[Page H7298]]
Education Act of 1965 (20 U.S.C. 1001)) that is located in an
eligible jurisdiction (as defined in section 2203(b)(3)(A) of
the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(A))).
``(6) Minority-serving institution.--The term `minority-
serving institution' includes the entities described in any
of paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
``(7) STEM.--The term `STEM' means the subjects listed in
section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621
note; Public Law 114-59).
``(8) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).''.
(2) Clerical amendment.--The table of contents in section
2(b) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1497) is amended by
striking the items relating to sections 3167 and 3168 and
inserting the following:
``Sec. 3167. Partnerships with historically Black colleges and
universities, Hispanic-serving institutions, and tribal
colleges.
``Sec. 3167A. Broadening participation for teachers and scientists.
``Sec. 3167B. Expanding opportunities for highly skilled science,
technology, engineering, and mathematics (STEM)
professionals.
``Sec. 3168. Definitions.
``Sec. 3169. Authorization of appropriations.''.
SEC. 10112. HIGH INTENSITY LASER RESEARCH INITIATIVE; HELIUM
CONSERVATION PROGRAM; OFFICE OF SCIENCE
EMERGING BIOLOGICAL THREAT PREPAREDNESS
RESEARCH INITIATIVE; MIDSCALE INSTRUMENTATION
AND RESEARCH EQUIPMENT PROGRAM; AUTHORIZATION
OF APPROPRIATIONS.
(a) In General.--The Department of Energy Research and
Innovation Act (42 U.S.C. 18601 et seq.) (as amended by
section 10111(a)) is amended by adding at the end the
following:
``SEC. 313. HIGH INTENSITY LASER RESEARCH INITIATIVE.
``(a) In General.--The Director shall establish a high
intensity laser research initiative consistent with the
recommendations of the National Academies report entitled
`Opportunities in Intense Ultrafast Lasers: Reaching for the
Brightest Light' and the report from the Brightest Light
Initiative workshop entitled `The Future of Intense Ultrafast
Lasers in the U.S.'. The initiative should include research
and development of petawatt-scale and of high average power
laser technologies necessary for future facility needs in
discovery science and to advance energy technologies, as well
as support for a user network of academic and National
Laboratory high intensity laser facilities.
``(b) Leverage.--The Director shall leverage new laser
technologies for more compact, less complex, and low-cost
accelerator systems needed for science applications.
``(c) Coordination.--
``(1) Director.--The Director shall coordinate the
initiative established under subsection (a) among all
relevant programs within the Office of Science.
``(2) Under secretary.--The Under Secretary for Science
shall coordinate the initiative established under subsection
(a) with other relevant programs within the Department and
other Federal agencies.
``(d) Authorization of Appropriations.--Out of funds
authorized to be appropriated for the Office of Science in a
fiscal year, there are authorized to be appropriated to the
Secretary to carry out the activities described in this
section--
``(1) $50,000,000 for fiscal year 2023;
``(2) $100,000,000 for fiscal year 2024;
``(3) $150,000,000 for fiscal year 2025;
``(4) $200,000,000 for fiscal year 2026; and
``(5) $250,000,000 for fiscal year 2027.
``SEC. 314. HELIUM CONSERVATION PROGRAM.
``(a) In General.--The Secretary shall establish a program
to reduce the consumption of helium for Department grant
recipients and facilities and encourage helium recycling and
reuse. The program shall competitively award grants for--
``(1) the purchase of equipment to capture, reuse, and
recycle helium;
``(2) the installation, maintenance, and repair of new and
existing helium capture, reuse, and recycling equipment; and
``(3) helium alternatives research and development
activities.
``(b) Report.--Not later than 2 years after the date of
enactment of the Research and Development, Competition, and
Innovation Act, and every 3 years thereafter, the Director
shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report on the
purchase of helium as part of research projects and
facilities supported by the Department. The report shall
include--
``(1) the quantity of helium purchased for projects and
facilities supported by Department grants;
``(2) a cost-analysis for such helium;
``(3) to the maximum extent practicable, information on
whether such helium was imported from outside the United
States, and if available, the country or region of the world
from which the helium was imported;
``(4) expected or experienced impacts of helium supply
shortages or prices on the research projects and facilities
supported by the Department; and
``(5) recommendations for reducing Department grant
recipients' exposure to volatile helium prices and supply
shortages.
``(c) Coordination.--In carrying out the program under this
section, the Director shall coordinate with the National
Science Foundation and other relevant Federal agencies on
helium conservation activities.
``(d) Duration.--The program established under this section
shall receive support for a period of not more than 5 years,
subject to the availability of appropriations.
``(e) Renewal.--Upon expiration of any period of support of
the program under this section, the Director may renew
support for the program for a period of not more than 5
years.
``SEC. 315. OFFICE OF SCIENCE BIOLOGICAL THREAT PREPAREDNESS
RESEARCH INITIATIVE.
``(a) In General.--The Secretary shall establish within the
Office of Science a cross-cutting research initiative, to be
known as the `Biological Threat Preparedness Research
Initiative', to leverage the innovative analytical resources
and tools, user facilities, and advanced computational and
networking capabilities of the Department in order to support
efforts that prevent, prepare for, predict, and respond to
biological threats to national security, including infectious
diseases.
``(b) Competitive, Merit-reviewed Process.--The Secretary
shall carry out the initiative established under subsection
(a) through a competitive, merit-reviewed process, and
consider applications from National Laboratories,
institutions of higher education, multi-institutional
collaborations, industry partners and other appropriate
entities.
``(c) Activities.--In carrying out the initiative
established under subsection (a), the Secretary shall--
``(1) determine a comprehensive set of technical milestones
for the research activities described in that subsection;
``(2) prioritize the objectives of--
``(A) supporting fundamental research and development in
advanced analytics, experimental studies, materials
synthesis, and high-performance computing technologies needed
in order to more quickly and effectively characterize, model,
simulate, and predict complex natural phenomena and
biological materials related to emerging biological threats;
``(B) supporting the development of tools that inform
epidemiological modeling, and applying artificial
intelligence, machine learning, and other computing tools to
accelerate such processes;
``(C) supporting research and capabilities that enhance
understanding and modeling of the transport of pathogens in
indoor and outdoor air and water environments;
``(D) identifying priority research opportunities and
capabilities for molecular design and modeling for medical
countermeasures;
``(E) ensuring that new experimental and computational
tools are accessible to relevant research communities,
including private sector entities and other Federal research
institutions; and
``(F) supporting activities and projects that combine
computational modeling and simulation with experimental
research facilities and studies;
``(3) leverage the research infrastructure of the
Department, including scientific computing user facilities,
x-ray light sources, neutron scattering facilities, nanoscale
science research centers, and sequencing and
biocharacterization facilities;
``(4) leverage experience from existing modeling and
simulation research and work sponsored by the Department and
promote collaboration and data sharing between National
Laboratories, research entities, and user facilities of the
Department by providing necessary access and secure data
transfer capabilities; and
``(5) ensure that new experimental and computational tools
are accessible to relevant research communities, including
private sector entities, to address emerging biological
threats.
``(d) Coordination.--In carrying out the initiative
established under subsection (a), the Secretary shall
coordinate activities with--
``(1) other relevant offices of the Department;
``(2) the National Nuclear Security Administration;
``(3) the National Laboratories;
``(4) the Director of the National Science Foundation;
``(5) the Director of the Centers for Disease Control and
Prevention;
``(6) the Director of the National Institutes of Health;
``(7) the Assistant Secretary for Preparedness and
Response;
``(8) the heads of other relevant Federal agencies;
``(9) institutions of higher education; and
``(10) the private sector.
``(e) Infectious Diseases High Performance Computing
Research Consortium.--
``(1) In general.--The Secretary, in coordination with the
Director of the National Science Foundation and the Director
of the Office of Science and Technology Policy, shall
establish and operate an Emerging Infectious Diseases High
Performance Computing Research Consortium (referred to in
this section as the `Consortium'), to support the initiative
established under subsection (a) by providing, to the extent
practicable, a centralized entity for multidisciplinary,
collaborative, emerging infectious disease and biosecurity
research and development through high performance computing
and advanced data analytics technologies and processes, in
conjunction with the experimental research facilities and
studies supported by the Department.
``(2) Membership.--The members of the Consortium may
include representatives from relevant Federal agencies, the
National Laboratories, the private sector, and institutions
of higher education, which can each contribute relevant
compute time, capabilities, or other resources.
[[Page H7299]]
``(3) Activities.--The Consortium shall--
``(A) match applicants with available Federal and private
sector computing resources;
``(B) consider supplemental awards for computing
partnerships with Consortium members to qualifying entities
on a competitive merit-review basis;
``(C) encourage collaboration and communication among
member representatives of the Consortium and awardees;
``(D) provide access to the high-performance computing
capabilities, expertise, and user facilities of the
Department and the National Laboratories; and
``(E) submit an annual report to the Secretary summarizing
the activities of the Consortium, including--
``(i) describing each project undertaken by the Consortium;
``(ii) detailing organizational expenditures; and
``(iii) evaluating contributions to the achievement of
technical milestones as determined in subsection (a).
``(4) Coordination.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of the Consortium with the activities of other
research entities of the Department, other Federal research
institutions, institutions of higher education, and the
private sector.
``(f) Report.--Not later than 2 years after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Secretary shall submit to the Committee
on Science, Space, and Technology and the Committee on Energy
and Commerce of the House of Representatives, and the
Committee on Energy and Natural Resources, the Committee on
Commerce, Science, and Transportation, and the Committee on
Health, Education, Labor, and Pensions of the Senate, a
report detailing the effectiveness of--
``(1) the interagency coordination among each Federal
agency involved in the initiative established under
subsection (a);
``(2) the collaborative research achievements of that
initiative, including the achievement of the technical
milestones determined under that subsection; and
``(3) potential opportunities to expand the technical
capabilities of the Department.
``(g) Funding.--Out of funds authorized to be appropriated
for the Office of Science in a fiscal year, there is
authorized to be appropriated to the Secretary to carry out
the activities under this section $50,000,000 for each of
fiscal years 2023 through 2027.
``SEC. 316. MIDSCALE INSTRUMENTATION AND RESEARCH EQUIPMENT
PROGRAM.
``(a) In General.--The Director shall establish a midscale
instrumentation and research equipment program to develop,
acquire, and commercialize research instrumentation and
equipment needed to meet the missions of the Department and
to provide platform technologies for the broader scientific
community.
``(b) Activities.--Under the program established under
subsection (a), the Director shall--
``(1) enable the development and acquisition of novel,
state-of-the-art instruments that--
``(A) range in cost from $1,000,000 to $20,000,000 each;
and
``(B) would significantly accelerate scientific
breakthroughs at user facilities; and
``(2) strongly encourage partnerships among--
``(A) National Laboratories;
``(B) user facilities; and
``(C)(i) institutions in a State receiving funding under
the Established Program to Stimulate Competitive Research
established under section 2203(b)(3) of the Energy Policy Act
of 1992 (42 U.S.C. 13503(b)(3));
``(ii) historically Black colleges or universities;
``(iii) minority-serving institutions of higher education;
or
``(iv) institutions of higher education in a rural area.
``(c) Coordination With Other Programs.--The Director shall
coordinate the program established under subsection (a) with
all other programs carried out by the Office of Science of
the Department.
``(d) Research Equipment and Technology Development
Coordination.--The Director shall encourage coordination
among the Office of Science, the National Laboratories, the
Office of Technology Transitions, and relevant academic and
private sector entities to identify, disseminate, and
commercialize research instruments, equipment, and related
technologies developed to aid basic science research
discoveries that meet the mission of the Department.
``(e) Authorization of Appropriations.--Out of funds
authorized to be appropriated for the Office of Science in a
fiscal year, there is authorized to be appropriated to carry
out this section $150,000,000 for each of fiscals years 2023
through 2027.
``SEC. 317. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary
to carry out the activities described in this title--
``(1) $8,902,392,400 for fiscal year 2023;
``(2) $9,541,895,744 for fiscal year 2024;
``(3) $10,068,198,994 for fiscal year 2025;
``(4) $10,468,916,520 for fiscal year 2026; and
``(5) $10,831,342,317 for fiscal year 2027.''.
(b) Table of Contents.--Section 1(b) of the Department of
Energy Research and Innovation Act is amended in the table of
contents by inserting after the item relating to section 309
the following:
``Sec. 310. Accelerator research and development.
``Sec. 311. Isotope research, development, and production.
``Sec. 312. Increased collaboration with teachers and scientists.
``Sec. 313. High intensity laser research initiative.
``Sec. 314. Helium conservation program.
``Sec. 315. Office of Science Biological Threat Preparedness Research
Initiative.
``Sec. 316. Midscale instrumentation and research equipment program.
``Sec. 317. Authorization of appropriations.''.
SEC. 10113. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
(a) Research Areas.--Section 2203(b)(3)(E) of the Energy
Policy Act of 1992 (42 U.S.C. 13503(b)(3)(E)) is amended--
(1) in the subparagraph heading, by striking ``in areas of
applied energy research, environmental management, and basic
science'';
(2) in clause (i)--
(A) in subclause (I), by inserting ``nuclear energy,''
before ``and''; and
(B) by striking subclause (V) and inserting the following:
``(V) scientific research, including--
``(aa) advanced scientific computing research;
``(bb) basic energy sciences;
``(cc) biological and environmental research;
``(dd) fusion energy sciences;
``(ee) high energy physics;
``(ff) nuclear physics;
``(gg) isotope research, development, and production;
``(hh) accelerator research, development, and production;
and
``(ii) other areas of research funded by the Office of
Science, as determined by the Secretary.''; and
(3) in clause (ii)--
(A) in subclause (II), by striking ``graduate'' and
inserting ``undergraduate scholarships, graduate fellowships,
and'';
(B) in subclause (III), by striking ``; and'' and inserting
``and staff;'';
(C) in subclause (IV)--
(i) by striking ``biennial'' and inserting ``annual''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(V) to develop research clusters for particular areas of
expertise; and
``(VI) to diversify the future workforce.''.
(b) Research Capability Enhancement.--Section 2203(b)(3) of
the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)) is
amended by striking subparagraph (F) and inserting the
following:
``(F) Research capability enhancement.--
``(i) Scholarships and fellowships.--
``(I) In general.--Pursuant to subparagraph (E)(ii), the
Secretary shall award grants to institutions of higher
education in eligible jurisdictions for those institutions of
higher education to provide scholarships and fellowships.
``(II) Grant.--A scholarship or fellowship awarded by an
institution of higher education in an eligible jurisdiction
using a grant provided under subclause (I)--
``(aa) in the case of an undergraduate scholarship--
``(AA) shall be for a period of 1 year; and
``(BB) may be competitively renewable on an annual basis;
and
``(bb) in the case of a graduate level fellowship, shall be
for a period of not more than 5 years.
``(ii) Early career capacity development.--
``(I) In general.--Pursuant to subparagraph (E)(ii), the
Secretary shall award grants to early career faculty and
staff at institutions of higher education in eligible
jurisdictions--
``(aa) to support investigator-initiated research,
including associated research equipment and instrumentation;
``(bb) to support activities associated with identifying
and responding to funding opportunities;
``(cc) to secure technical assistance for the pursuit of
funding opportunities; and
``(dd) to develop and enhance collaboration among National
Laboratories, Department of Energy programs, the private
sector, and other relevant entities.
``(II) Grants.--A grant awarded under subclause (I) shall
be--
``(aa) for a period of not more than 5 years; and
``(bb) competitively renewable for an additional 5-year
period.
``(iii) Research capacity development.--
``(I) In general.--Pursuant to subparagraph (E)(ii), the
Secretary shall award competitive grants to institutions of
higher education in eligible jurisdictions for research
capacity development and implementation, including--
``(aa) developing expertise in key technology areas,
including associated equipment and instrumentation;
``(bb) developing and acquiring novel, state-of-the-art
instruments and equipment that range in cost from $500,000 to
$20,000,000;
``(cc) enhancing collaboration with National Laboratories,
the Department of Energy, and the private sector through
faculty or staff placement programs; and
``(dd) supporting formal partnership programs with
institutions of higher education and National Laboratories.
``(II) Grants.--A grant awarded under subclause (I) shall
be--
``(aa) for a period of not more than 5 years; and
``(bb) renewable for an additional 5-year period.
``(III) Equipment and instrumentation.--To the maximum
extent practicable, the Secretary shall ensure that research
equipment and instrumentation developed or acquired pursuant
to a grant awarded under subclause (I) may sustain continued
operation and be maintained without the need for additional
or subsequent funding under this section.''.
(c) Program Implementation Update.--Section 2203(b)(3)(G)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(G))
is amended by adding at the end the following:
[[Page H7300]]
``(iii) Update.--Not later than 270 days after the date of
enactment of the Research and Development, Competition, and
Innovation Act, the Secretary shall--
``(I) update the plan submitted under clause (i); and
``(II) submit the updated plan to the committees described
in that clause.''.
(d) Program Evaluation Report.--Section 2203(b)(3)(H) of
the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(H)) is
amended by adding at the end the following:
``(iv) Annual report.--At the end of each fiscal year, the
Secretary shall submit to the Committee on Energy and Natural
Resources and the Committee on Appropriations of the Senate
and the Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives a report that
includes--
``(I) the total amount of expenditures made by the
Department to carry out EPSCoR in each eligible jurisdiction
for each of the 3 most recent fiscal years for which such
information is available;
``(II)(aa) the number of EPSCoR awards made to institutions
of higher education located in eligible jurisdictions; and
``(bb) the amount and type of each award;
``(III) the number of awards that are not EPSCoR awards
made by the Secretary to institutions of higher education
located in eligible jurisdictions;
``(IV)(aa) the number of representatives of institutions of
higher education in eligible jurisdictions serving on each
Office of Science advisory committee; and
``(bb) for each such advisory committee, the percentage of
committee membership that those individuals constitute; and
``(V) the number of individuals from institutions of higher
education in eligible jurisdictions serving on peer review
committees.''.
(e) Funding.--Section 2203(b)(3) of the Energy Policy Act
of 1992 (42 U.S.C. 13503(b)(3)) is amended by adding at the
end the following:
``(I) Funding.--
``(i) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
EPSCoR, to remain available until expended--
``(I) $50,000,000 for fiscal year 2023;
``(II) $50,000,000 for fiscal year 2024;
``(III) $75,000,000 for fiscal year 2025;
``(IV) $100,000,000 for fiscal year 2026; and
``(V) $100,000,000 for fiscal year 2027.
``(ii) Grants to consortia.--In the case of an EPSCoR grant
awarded to a consortium that contains institutions of higher
education that are not located in eligible jurisdictions, the
Secretary may count--
``(I) the full amount of funds expended to provide the
grant towards meeting the funding requirement in clause (iii)
if the lead entity of the consortium is an institution of
higher education located in an eligible jurisdiction; and
``(II) only the funds provided to institutions of higher
education located in eligible jurisdictions towards meeting
the funding requirement in clause (iii) if the lead entity of
the consortium is an institution of higher education that is
not located in an eligible jurisdiction.
``(iii) Additional funds for eligible jurisdictions.--In
addition to funds authorized to be appropriated under clause
(i), the Secretary, to the maximum extent practicable while
maintaining the competitive, merit-based award processes of
the Office of Science, shall ensure that, of the research and
development funds of the Office of Science that are awarded
by the Secretary each year to institutions of higher
education, not less than 10 percent is awarded to
institutions of higher education in eligible jurisdictions
pursuant to the evaluation and selection criteria in section
605.10 of title 10, Code of Federal Regulations (or successor
regulations).
``(iv) Additional funds for equipment and
instrumentation.--In addition to funds authorized to be
appropriated under clause (i), there is authorized to be
appropriated to the Secretary to award grants under
subparagraph (F)(iii)(I) for the purpose described in item
(bb) of that subparagraph $25,000,000 for each of fiscal
years 2023 through 2027, to remain available until expended.
``(v) Accounting.--To the maximum extent practicable, the
Secretary shall ensure that each program within the
Department of Energy that endorses an EPSCoR grant awardee
shall contribute funding to the award to acknowledge the
research benefits to the mission of that program.''.
(f) Advisory Committees to the Office of Science.--In order
to improve the advice and guidance provided to the Office of
Science, the Undersecretary for Science shall seek to ensure,
to the maximum extent practicable, the robust participation
of institutions of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001))
located in eligible jurisdictions (as defined in section
2203(b)(3)(A) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)(3)(A))) on the Office of Science Federal Advisory
Committee.
(g) Technical Amendments.--Section 2203(b) of the Energy
Policy Act of 1992 (42 U.S.C. 13503(b)) is amended--
(1) in paragraph (1), by striking ``(1) The Secretary'' and
inserting the following:
``(1) University research reactors.--The Secretary''; and
(2) in paragraph (2), by striking ``(2) The Secretary'' and
inserting the following:
``(2) Method to evaluate effectiveness of education
programs.--The Secretary''.
SEC. 10114. RESEARCH SECURITY.
(a) Definitions.--In this section:
(1) Country of risk.--
(A) In general.--The term ``country of risk'' means a
foreign country determined by the Secretary, in accordance
with subparagraph (B), to present a risk of theft of United
States intellectual property or a threat to the national
security of the United States if nationals of the country, or
entities owned or controlled by the country or nationals of
the country, participate in any research, development,
demonstration, or deployment activity authorized under this
division or division A or an amendment made by this division
or division A.
(B) Determination.--In making a determination under
subparagraph (A), the Secretary, in coordination with the
Director of the Office of Intelligence and
Counterintelligence, shall take into consideration--
(i) the most recent World Wide Threat Assessment of the
United States Intelligence Community, prepared by the
Director of National Intelligence; and
(ii) the most recent National Counterintelligence Strategy
of the United States.
(2) Covered support.--The term ``covered support'' means
any grant, contract, subcontract, award, loan, program,
support, or other activity authorized under this division or
division A, or an amendment made by this division or division
A.
(3) Entity of concern.--The term ``entity of concern''
means any entity, including a national, that is--
(A) identified under section 1237(b) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (50
U.S.C. 1701 note; Public Law 105-261);
(B) identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (10 U.S.C. 113 note; Public Law 116-283);
(C) on the Entity List maintained by the Bureau of Industry
and Security of the Department of Commerce and set forth in
Supplement No. 4 to part 744 of title 15, Code of Federal
Regulations;
(D) included in the list required by section 9(b)(3) of the
Uyghur Human Rights Policy Act of 2020 (Public Law 116-145;
134 Stat. 656); or
(E) identified by the Secretary, in coordination with the
Director of the Office of Intelligence and
Counterintelligence and the applicable office that would
provide, or is providing, covered support, as posing an
unmanageable threat--
(i) to the national security of the United States; or
(ii) of theft or loss of United States intellectual
property.
(4) National.--The term ``national'' has the meaning given
the term in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Science and Technology Risk Assessment.--
(1) In general.--The Secretary shall develop and maintain
tools and processes to manage and mitigate research security
risks, such as a science and technology risk matrix, informed
by threats identified by the Director of the Office of
Intelligence and Counterintelligence, to facilitate
determinations of the risk of loss of United States
intellectual property or threat to the national security of
the United States posed by activities carried out under any
covered support.
(2) Content and implementation.--In developing and using
the tools and processes developed under paragraph (1), the
Secretary shall--
(A) deploy risk-based approaches to evaluating, awarding,
and managing certain research, development, demonstration,
and deployment activities, including designations that will
indicate the relative risk of activities;
(B) assess, to the extent practicable, ongoing high-risk
activities;
(C) designate an officer or employee of the Department of
Energy to be responsible for tracking and notifying
recipients of any covered support of unmanageable threats to
United States national security or of theft or loss of United
States intellectual property posed by an entity of concern;
(D) consider requiring recipients of covered support to
implement additional research security mitigations for
higher-risk activities if appropriate; and
(E) support the development of research security training
for recipients of covered support on the risks posed by
entities of concern.
(3) Annual updates.--The tools and processes developed
under paragraph (1) shall be evaluated annually and updated
as needed, with threat-informed input from the Office of
Intelligence and Counterintelligence, to reflect changes in
the risk designation under paragraph (2)(A) of research,
development, demonstration, and deployment activities
conducted by the Department.
(c) Entity of Concern.--
(1) Prohibition.--Except as provided in paragraph (2), no
entity of concern, or individual that owns or controls, is
owned or controlled by, or is under common ownership or
control with an entity of concern, may receive, or perform
work under, any covered support.
(2) Waiver of prohibition.--
(A) In general.--The Secretary may waive the prohibition
under paragraph (1) if determined by the Secretary to be in
the national interest.
(B) Notification to congress.--Not less than 2 weeks prior
to issuing a waiver under subparagraph (A), the Secretary
shall notify the Committee on Energy and Natural Resources of
the Senate and the Committee on Science, Space, and
Technology of the House of Representatives of the intent to
issue the waiver, including a justification for the waiver.
(3) Penalty.--
(A) Termination of support.--On finding that any entity of
concern or individual described in paragraph (1) has received
covered support and has not received a waiver under paragraph
(2), the Secretary shall terminate all covered support to
that entity of concern or individual, as applicable.
[[Page H7301]]
(B) Penalties.--An entity of concern or individual
identified under subparagraph (A) shall be--
(i) prohibited from receiving or participating in covered
support for a period of not less than 1 year but not more
than 10 years, as determined by the Secretary; or
(ii) instead of the penalty described in clause (i),
subject to any other penalties authorized under applicable
law or regulations that the Secretary determines to be in the
national interest.
(C) Notification to congress.--Prior to imposing a penalty
under subparagraph (B), the Secretary shall notify the
Committee on Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology of the House
of Representatives of the intent to impose the penalty,
including a description of and justification for the penalty.
(4) Coordination.--The Secretary shall--
(A) share information about the unmanageable threats
described in subsection (a)(3)(E) with other Federal
agencies; and
(B) develop consistent approaches to identifying entities
of concern.
(d) International Agreements.--This section shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
(e) Report Required.--Not later than 240 days after the
date of enactment of this Act, the Secretary shall submit to
Congress a report that--
(1) describes--
(A) the tools and processes developed under subsection
(b)(1) and any updates to those tools and processes; and
(B) if applicable, the science and technology risk matrix
developed under that subsection and how that matrix has been
applied;
(2) includes a mitigation plan for managing risks posed by
countries of risk with respect to future or ongoing research
and development activities of the Department of Energy; and
(3) defines critical research areas, designated by risk, as
determined by the Secretary.
TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE
SEC. 10201. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(2) Enrollment of needy students.--The term ``enrollment of
needy students'' has the meaning given the term in section
312(d) of the Higher Education Act of 1965 (20 U.S.C.
1058(d)).
(3) Framework.--The term ``Framework'' means the Framework
for Improving Critical Infrastructure Cybersecurity developed
by the National Institute of Standards and Technology and
referred to in Executive Order No. 13800 issued on May 11,
2017 (82 Fed. Reg. 22391 et seq.).
(4) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(5) International standards organization.--The term
``international standards organization'' has the meaning
given such term in section 451 of the Trade Agreements Act of
1979 (19 U.S.C. 2571).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
Subtitle A--Authorization of Appropriations
SEC. 10211. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2023.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,551,450,000 for the National
Institute of Standards and Technology for fiscal year 2023.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $979,100,000 is authorized for scientific and technical
research and services laboratory activities;
(B) $200,000,000 is authorized for the construction and
maintenance of facilities, of which $80,000,000 is authorized
to be appropriated for Safety, Capacity, Maintenance, and
Major Repairs; and
(C) $372,350,000 is authorized for industrial technology
services activities, of which $275,300,000 is authorized to
be appropriated for the Manufacturing Extension Partnership
program under sections 25, 25A, and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k,
278k-1, and 278l) (of which $31,000,000 is authorized to
establish the National Supply Chain Database under section
10253) and $97,050,000 is authorized to be appropriated for
the Manufacturing USA Program under section 34 of the
National Institute of Standards and Technology Act (15 U.S.C.
278s).
(b) Fiscal Year 2024.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,651,600,000 for the National
Institute of Standards and Technology for fiscal year 2024.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,047,600,000 is authorized for scientific and
technical research and services laboratory activities;
(B) $200,000,000 is authorized for the construction and
maintenance of facilities, of which $80,000,000 is authorized
to be appropriated for Safety, Capacity, Maintenance, and
Major Repairs, including $20,000,000 for IT infrastructure;
and
(C) $404,000,000 is authorized for industrial technology
services activities, of which $300,000,000 is authorized to
be appropriated for the Manufacturing Extension Partnership
program under sections 25, 25A, and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k,
278k-1, and 278l) (of which $26,000,000 is authorized to
maintain, update, and support Federal coordination of State
supply chain databases maintained by the Centers (as such
term is defined in such section 25 of such Act)) and
$104,000,000 is authorized to be appropriated for the
Manufacturing USA Program under section 34 of the National
Institute of Standards and Technology Act (15 U.S.C. 278s).
(c) Fiscal Year 2025.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $2,039,900,000 for the National
Institute of Standards and Technology for fiscal year 2025.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,120,900,000 is authorized for scientific and
technical research and services laboratory activities;
(B) $200,000,000 is authorized for the construction and
maintenance of facilities, of which $80,000,000 is authorized
to be appropriated for Safety, Capacity, Maintenance, and
Major Repairs, including $20,000,000 for IT infrastructure;
and
(C) $719,000,000 is authorized for industrial technology
services activities, of which $550,000,000 is authorized to
be appropriated for the Manufacturing Extension Partnership
program under sections 25, 25A, and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k,
278k-1, and 278l) (of which $26,000,000 is authorized to
maintain, update, and support Federal coordination of State
supply chain databases maintained by the Centers (as such
term is defined in such section 25 of such Act)) and
$169,000,000 is authorized to be appropriated for the
Manufacturing USA Program under section 34 of the National
Institute of Standards and Technology Act (15 U.S.C. 278s).
(d) Fiscal Year 2026.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $2,158,400,000 for the National
Institute of Standards and Technology for fiscal year 2026.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,199,400,000 is authorized for scientific and
technical research and services laboratory activities;
(B) $200,000,000 is authorized for the construction and
maintenance of facilities, of which $80,000,000 is authorized
to be appropriated for Safety, Capacity, Maintenance, and
Major Repairs, including $20,000,000 for IT infrastructure;
and
(C) $759,000,000 is authorized for industrial technology
services activities, of which $550,000,000 is authorized to
be appropriated for the Manufacturing Extension Partnership
program under sections 25, 25A, and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k,
278k-1, and 278l) (of which $26,000,000 is authorized to
maintain, update, and support Federal coordination of State
supply chain databases maintained by the Centers (as such
term is defined in such section 25 of such Act)) and
$209,000,000 is authorized to be appropriated for the
Manufacturing USA Program under section 34 of the National
Institute of Standards and Technology Act (15 U.S.C. 278s).
(e) Fiscal Year 2027.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $2,283,360,000 for the National
Institute of Standards and Technology for fiscal year 2027.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,283,360,000 is authorized for scientific and
technical research and services laboratory activities;
(B) $200,000,000 is authorized for the construction and
maintenance of facilities, of which $80,000,000 is authorized
to be appropriated for Safety, Capacity, Maintenance, and
Major Repairs, including $20,000,000 for IT infrastructure;
and
(C) $800,000,000 is authorized for industrial technology
services activities, of which $550,000,000 is authorized to
be appropriated for the Manufacturing Extension Partnership
program under sections 25, 25A, and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k,
278k-1, and 23 278l) (of which $26,000,000 is authorized to
maintain, update, and support Federal coordination of State
supply chain databases maintained by the Centers (as such
term is defined in such section 25 of such Act)) and
$250,000,000 is authorized to be appropriated for the
Manufacturing USA Program under section 34 of the National
Institute of Standards and Technology Act (15 U.S.C. 278s).
Subtitle B--Measurement Research
SEC. 10221. ENGINEERING BIOLOGY AND BIOMETROLOGY.
(a) In General.--The Director, in coordination with the
National Engineering Biology Research and Development
Initiative established pursuant to title IV, shall--
(1) support basic measurement science and technology
research for engineering biology, biomanufacturing, and
biometrology to advance--
(A) measurement technologies to support foundational
understanding of the mechanisms of conversion of DNA
information into cellular function;
(B) technologies for measurement of such biomolecular
components and related systems;
(C) new data tools, techniques, and processes to improve
engineering biology, biomanufacturing, and biometrology
research; and
(D) other areas of measurement science and technology
research determined by the Director to be critical to the
development and deployment of engineering biology,
biomanufacturing and biometrology;
(2) support activities to inform and expand the development
of measurements infrastructure
[[Page H7302]]
needed to develop technical standards to establish
interoperability and facilitate commercial development of
biomolecular measurement technology and engineering biology
applications;
(3) convene industry, institutions of higher education,
nonprofit organizations, Federal laboratories, and other
Federal agencies engaged in engineering biology research and
development to develop coordinated technical roadmaps for
authoritative measurement of the molecular components of the
cell;
(4) provide access to user facilities with advanced or
unique equipment, services, materials, and other resources to
industry, institutions of higher education, nonprofit
organizations, and government agencies to perform research
and testing;
(5) establish or expand collaborative partnerships or
consortia with other Federal agencies engaged in engineering
biology research and development, institutions of higher
education, Federal laboratories, and industry to advance
engineering biology applications; and
(6) support graduate and postgraduate research and training
in biometrology, biomanufacturing, and engineering biology.
(b) Rule of Construction.--Nothing in this section may be
construed to alter the policies, processes, or practices of
individual Federal agencies in effect on the day before the
date of the enactment of this Act relating to the conduct or
support of biomedical research and advanced development,
including the solicitation and review of extramural research
proposals.
(c) Controls.--In carrying out activities authorized by
this section, the Secretary shall ensure proper security
controls are in place to protect sensitive information, as
appropriate.
SEC. 10222. GREENHOUSE GAS MEASUREMENT RESEARCH.
(a) In General.--The Director, in consultation with the
Administrator of the National Oceanic and Atmospheric
Administration, the Administrator of the Environmental
Protection Agency, the National Aeronautics and Space
Administration, the Director of the National Science
Foundation, the Secretary of Energy, and the heads of other
Federal agencies, as appropriate, shall carry out a
measurement research program to inform the development or
improvement of best practices, benchmarks, methodologies,
procedures, and technical standards for the measurement of
greenhouse gas emissions and to assess and improve the
performance of greenhouse gas emissions measurement systems
placed in situ and on space-based platforms.
(b) Activities.--In carrying out such a program, the
Director may--
(1) conduct research and testing to improve the accuracy,
efficacy, and reliability of the measurement of greenhouse
gas emissions at a range of scales that covers direct
measurement at the component or process level through
atmospheric observations;
(2) conduct research to create novel measurement
technologies and techniques for the measurement of greenhouse
gas emissions;
(3) convene and engage with relevant Federal agencies and
stakeholders to establish common definitions and
characterizations for the measurement of greenhouse gas
emissions, taking into account any existing United States and
international technical standards and guidance;
(4) conduct outreach and coordination to share technical
expertise with relevant industry and nonindustry stakeholders
and standards development organizations to--
(A) assist such entities in the development and adoption of
best practices and technical standards for greenhouse gas
emissions measurements; and
(B) promote consistency and traceability in international
reference standards and central calibration laboratories;
(5) in coordination with the Administrator of the National
Oceanic and Atmospheric Administration, the Administrator of
the Environmental Protection Agency, and the Secretary of
Energy, develop such standard reference materials as the
Director determines is necessary to further the development
of such technical standards, taking into account any existing
United States or international standards;
(6) coordinate with the National Oceanic and Atmospheric
Administration to ensure data are managed, stewarded, and
archived at all levels and promote full and open exchange at
Federal and State levels, and with academia, industry, and
other users; and
(7) coordinate with international partners, including
international standards organizations, to maintain global
greenhouse gas measurement technical standards.
(c) Testbeds.--In coordination with the private sector,
institutions of higher education, State and local
governments, the National Oceanic and Atmospheric
Administration, the Environmental Protection Agency, the
Department of Energy, and other Federal agencies, as
appropriate, the Director may continue to develop and manage
testbeds to advance research and standards development for
greenhouse gas emissions measurements from in situ and space-
based platforms.
(d) Center for Greenhouse Gas Measurements, Standards, and
Information.--
(1) In general.--The Director, in collaboration with the
Administrator of the National Oceanic and Atmospheric
Administration, the Administrator of the Environmental
Protection Agency, and the heads of other Federal agencies,
as appropriate, shall establish a Center for Greenhouse Gas
Measurements, Standards, and Information (in this subsection
referred to as the ``Center'').
(2) Collaborations.--The Director shall require that the
activities of the Center include collaboration among public
and private organizations, including institutions of higher
education, nonprofit organizations, private sector entities,
and State, Tribal, territorial, and local officials.
(3) Purpose.--The purpose of the Center shall be to--
(A) advance measurement science, data analytics, and
modeling at a range of scales that covers direct measurement
and estimation at the component or process level through
atmospheric observations and at the analysis level to improve
the accuracy of spatially and temporally resolved greenhouse
gas emissions measurement, validation, and attribution to
specific underlying activities and processes;
(B) test and evaluate the performance of existing
capabilities, and inform and improve best practices,
benchmarks, methodologies, procedures, and technical
standards, for the measurement and validation of greenhouse
gas emissions at scales noted in subparagraph (A);
(C) educate and train students in measurement science,
computational science, and systems engineering research
relevant to greenhouse gas emissions measurements;
(D) foster collaboration among academic researchers,
private sector stakeholders, and State, Tribal, territorial,
and local officials in the use of Institute testbeds as
described in subsection (c);
(E) conduct activities with research institutions, industry
partners, and State and local officials to identify research,
testing, and technical standards needs relevant to greenhouse
gas emissions; and
(F) collaborate with other Federal agencies to conduct
outreach and coordination to share and promote technical
data, tools, and expertise with relevant public and private
sector stakeholders, including State, Tribal, territorial,
and local officials, to assist such in the accurate
measurement of greenhouse gas emissions.
SEC. 10223. NIST AUTHORITY FOR CYBERSECURITY AND PRIVACY
ACTIVITIES.
Subsection (c) of section 2 of the National Institute of
Standards and Technology Act (15 U.S.C. 272) is amended--
(1) in paragraph (16), by striking the period at the end
and inserting a semicolon;
(2) by redesignating paragraphs (16) through (27) as
paragraphs (21) through (32), respectively; and
(3) by inserting after paragraph (15) the following:
``(16) support information security measures for the
development and lifecycle of software and the software supply
chain, including development of voluntary, consensus-based
technical standards, best practices, frameworks,
methodologies, procedures, processes, and software
engineering toolkits and configurations;
``(17) support information security measures, including
voluntary, consensus-based technical standards, best
practices, and guidelines, for the design, adoption, and
deployment of cloud computing services;
``(18) support research, development, and practical
application to improve the usability of cybersecurity
processes and technologies;
``(19) facilitate and support the development of a
voluntary, consensus-based set of technical standards,
guidelines, best practices, methodologies, procedures, and
processes to improve privacy protections in systems,
technologies, and processes used by both the public and
private sector;
``(20) support privacy measures, including voluntary,
consensus-based technical standards, best practices,
guidelines, metrology, and testbeds for the design, adoption,
and deployment of privacy enhancing technologies;''.
SEC. 10224. SOFTWARE SECURITY AND AUTHENTICATION.
(a) Vulnerabilities in Open Source Software.--The Director
shall assign severity metrics to identified vulnerabilities
with open source software and produce voluntary guidance to
assist the entities that maintain open source software
repositories to discover and mitigate vulnerabilities.
(b) Artificial Intelligence-enabled Defenses.--The Director
shall carry out research and testing to improve the
effectiveness of artificial intelligence-enabled
cybersecurity, including by generating optimized data sets to
train artificial intelligence defense systems and evaluating
the performance of varying network architectures at
strengthening network security.
(c) Authentication of Institute Software.--The Director
shall ensure all software released by the Institute is
digitally signed and maintained to enable stakeholders to
verify its authenticity and integrity upon installation and
execution.
(d) Assistance to Inspectors General.--Subject to available
funding, the Director shall provide technical assistance to
improve the education and training of individual Federal
agency Inspectors General and staff who are responsible for
the annual independent evaluation they are required to
perform of the information security program and practices of
Federal agencies under section 3555 of title 44, United
States Code.
(e) Software Supply Chain Security Practices.--
(1) In general.--The Director shall, in coordination with
industry, academia, and other Federal agencies, as
appropriate, develop a set of security outcomes and
practices, including security controls, control enhancements,
supplemental guidance, or other supporting information to
enable software developers and operators to identify, assess,
and manage cybersecurity risks over the full lifecycle of
software products.
(2) Outreach.--The Director shall conduct outreach and
coordination activities to share technical expertise with
Federal agencies, relevant industry stakeholders, and
standards development organizations, as appropriate, to
encourage the voluntary adoption of the software lifecycle
security practices by Federal agencies and industry
stakeholders.
[[Page H7303]]
SEC. 10225. DIGITAL IDENTITY MANAGEMENT RESEARCH.
Section 504 of the Cybersecurity Enhancement Act of 2014
(15 U.S.C. 7464) is amended to read as follows:
``SEC. 504. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.
``(a) In General.--The Director shall carry out a program
of research to support the development of voluntary,
consensus-based technical standards, best practices,
benchmarks, methodologies, metrology, testbeds, and
conformance criteria for identity management, taking into
account appropriate user concerns to--
``(1) improve interoperability and portability among
identity management technologies;
``(2) strengthen identity proofing and verification methods
used in identity management systems commensurate with the
level of risk, including identity and attribute validation
services provided by Federal, State, and local governments;
``(3) improve privacy protection in identity management
systems; and
``(4) improve the accuracy, usability, and inclusivity of
identity management systems.
``(b) Digital Identity Technical Roadmap.--The Director, in
consultation with other relevant Federal agencies and
stakeholders from the private sector, shall develop and
maintain a technical roadmap for digital identity management
research and development focused on enabling the voluntary
use and adoption of modern digital identity solutions that
align with the four criteria in subsection (a).
``(c) Digital Identity Management Guidance.--
``(1) In general.--The Director shall develop, and
periodically update, in collaboration with other public and
private sector organizations, common definitions and
voluntary guidance for digital identity management systems,
including identity and attribute validation services provided
by Federal, State, and local governments.
``(2) Guidance.--The Guidance shall--
``(A) align with the four criteria in subsection (a), as
practicable;
``(B) provide case studies of implementation of guidance;
``(C) incorporate voluntary technical standards and
industry best practices; and
``(D) not prescribe or otherwise require the use of
specific technology products or services.
``(3) Consultation.--In carrying out this subsection, the
Director shall consult with--
``(A) Federal and State agencies;
``(B) industry;
``(C) potential end-users and individuals that will use
services related to digital identity verification; and
``(D) experts with relevant experience in the systems that
enable digital identity verification, as determined by the
Director.''.
SEC. 10226. BIOMETRICS RESEARCH AND TESTING.
(a) In General.--The Secretary, acting through the
Director, shall establish a program to support measurement
research to inform the development of best practices,
benchmarks, methodologies, procedures, and voluntary,
consensus-based technical standards for biometric
identification systems, including facial recognition systems,
to assess and improve the performance of such systems. In
carrying out such program, the Director may--
(1) conduct measurement research to support efforts to
improve the performance of biometric identification systems,
including in areas related to conformity assessment, image
quality and interoperability, contactless biometric capture
technologies, and human-in-the-loop biometric identification
systems and processes;
(2) convene and engage with relevant stakeholders to
establish common definitions and characterizations for
biometric identification systems, which may include accuracy,
fairness, bias, privacy, consent, and other properties,
taking into account definitions in relevant international
technical standards and other publications;
(3) carry out measurement research and testing on a range
of biometric modalities, such as fingerprints, voice, iris,
face, vein, behavioral biometrics, genetics, multimodal
biometrics, and emerging applications of biometric
identification technology;
(4) study the use of privacy-enhancing technologies and
other technical protective controls to facilitate access, as
appropriate, to public data sets for biometric research;
(5) conduct outreach and coordination to share technical
expertise with relevant industry and nonindustry stakeholders
and standards development organizations to assist such
entities in the development of best practices and voluntary
technical standards; and
(6) develop such standard reference artifacts as the
Director determines is necessary to further the development
of such voluntary technical standards.
(b) Biometrics Test Program.--
(1) In general.--The Secretary, acting through the
Director, shall carry out a test program to provide
biometrics vendors the opportunity to test biometric
identification technologies across a range of modalities.
(2) Activities.--In carrying out the program under this
subsection, the Director shall--
(A) conduct research and regular testing to improve and
benchmark the accuracy, efficacy, and bias of biometric
identification technologies, which may include research and
testing on demographic variations, capture devices,
presentation attack detection, partially occluded or computer
generated images, privacy and security designs and controls,
template protection, de-identification, and comparison of
algorithm, human, and combined algorithm-human recognition
capability;
(B) develop an approach for testing software and cloud-
based biometrics applications, including remote systems, in
Institute test facilities;
(C) establish reference use cases for biometric
identification technologies and performance criteria for
assessing each use case, including accuracy, efficacy, and
bias metrics;
(D) produce public-facing reports of the findings from such
testing for a general audience;
(E) develop policies and procedures accounting for the
legal and social implications of activities under this
paragraph when working with a foreign entity of concern (as
such term is defined in section 10612);
(F) establish procedures to prioritize testing of
biometrics identification technologies developed by entities
headquartered in the United States; and
(G) conduct such other activities as determined necessary
by the Director.
(c) GAO Report to Congress.--Not later than 18 months after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit a detailed report
to Congress on the impact of biometric identification
technologies on historically marginalized communities,
including low-income communities and minority religious,
racial, and ethnic groups. Such report should be made
publicly available on an internet website.
SEC. 10227. FEDERAL BIOMETRIC PERFORMANCE STANDARDS.
Subsection (b) of section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3) is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) performance standards and guidelines for high risk
biometric identification systems, including facial
recognition systems, accounting for various use cases, types
of biometric identification systems, and relevant operational
conditions.''.
SEC. 10228. PROTECTING RESEARCH FROM CYBERSECURITY THEFT.
Subparagraph (A) of section 2(e)(1) of the National
Institute of Standards and Technology Act (15 U.S.C.
272(e)(1)) is amended--
(1) in clause (viii), by striking ``and'' after the
semicolon;
(2) by redesignating clause (ix) as clause (x); and
(3) by inserting after clause (viii) the following:
``(ix) consider institutions of higher education (as such
term is defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)); and''.
SEC. 10229. DISSEMINATION OF RESOURCES FOR RESEARCH
INSTITUTIONS.
(a) Dissemination of Resources for Research Institutions.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director shall, using the
authorities of the Director under subsections (c)(15) and
(e)(1)(A)(ix) of section 2 of the National Institute of
Standards and Technology Act (15 U.S.C. 272), disseminate and
make publicly available tailored resources to help qualifying
institutions identify, assess, manage, and reduce their
cybersecurity risk related to conducting research.
(2) Requirements.--The Director shall ensure that the
resources disseminated pursuant to paragraph (1)--
(A) are generally applicable and usable by a wide range of
qualifying institutions;
(B) vary with the nature and size of the qualifying
institutions, and the nature and sensitivity of the data
collected or stored on the information systems or devices of
the qualifying institutions;
(C) include elements that promote awareness of simple,
basic controls, a workplace cybersecurity culture, and third-
party stakeholder relationships, to assist qualifying
institutions in mitigating common cybersecurity risks;
(D) include case studies, examples, and scenarios of
practical application;
(E) are outcomes-based and can be implemented using a
variety of technologies that are commercial and off-the-
shelf; and
(F) to the extent practicable, are based on international
technical standards.
(3) National cybersecurity awareness and education
program.--The Director shall ensure that the resources
disseminated under paragraph (1) are consistent with the
efforts of the Director under section 303 of the
Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7443).
(4) Updates.--The Director shall review periodically and
update the resources under paragraph (1) as the Director
determines appropriate.
(5) Voluntary resources.--The use of the resources
disseminated under paragraph (1) shall be considered
voluntary.
(b) Other Federal Cybersecurity Requirements.--Nothing in
this section may be construed to supersede, alter, or
otherwise affect any cybersecurity requirements applicable to
Federal agencies.
(c) Definitions.--In this section:
(1) Qualifying institutions.--The term ``qualifying
institutions'' means institutions of higher education that
are awarded in excess of $50,000,000 per year in total
Federal research funding.
(2) Resources.--The term ``resources'' means guidelines,
tools, best practices, technical standards, methodologies,
and other ways of providing information.
SEC. 10230. ADVANCED COMMUNICATIONS RESEARCH.
The National Institute of Standards and Technology Act (15
U.S.C. 271 et seq.) is amended--
(1) by redesignating section 35 as section 36; and
(2) by inserting after section 34 the following:
[[Page H7304]]
``SEC. 35. ADVANCED COMMUNICATIONS RESEARCH ACTIVITIES.
``(a) Advanced Communications Research.--
``(1) In general.--The Director, in consultation with the
Assistant Secretary for Communications and Information, the
Director of the National Science Foundation, and heads of
other Federal agencies, as appropriate, shall carry out a
program of measurement research for advanced communications
technologies.
``(2) Research areas.--Research areas may include--
``(A) radio frequency emissions and interference, including
technologies and techniques to mitigate such emissions and
interference;
``(B) advanced antenna arrays and artificial intelligence
systems capable of operating advanced antenna arrays;
``(C) artificial intelligence systems to enable internet of
things networks, immersive technology, and other advanced
communications technologies;
``(D) network sensing and monitoring technologies;
``(E) technologies to enable spectrum flexibility and
agility;
``(F) optical and quantum communications technologies;
``(G) security of advanced communications systems;
``(H) public safety communications;
``(I) resilient internet of things applications for
advanced manufacturing; and
``(J) other research areas determined necessary by the
Director.
``(3) Testbeds.--In coordination with the Assistant
Secretary for Communications and Information, the private
sector, and other Federal agencies as appropriate, the
Director may develop and manage testbeds for research and
development of advanced communications technologies, avoiding
duplication of existing testbeds run by other agencies or the
private sector.
``(4) Outreach.--In carrying out the activities under this
subsection, the Director shall seek input from other Federal
agencies and from private sector stakeholders, on an ongoing
basis, to help inform research and development priorities,
including through workshops and other multistakeholder
activities.
``(5) Technical roadmaps.--In carrying out the activities
under this subsection, the Director shall convene industry,
institutions of higher education, nonprofit organizations,
Federal laboratories, and other Federal agencies engaged in
advanced communications research and development to develop,
and periodically update, coordinated technical roadmaps for
advanced communications research in priority areas, such as
those described in paragraph (2).
``(b) National Advanced Spectrum and Communications Test
Network.--
``(1) In general.--The Director, in coordination with the
Administrator of the National Telecommunications and
Information Administration and heads of other Federal
agencies, as appropriate, shall operate a national network of
government, academic, and commercial test capabilities and
facilities to be known as the National Advanced Spectrum and
Communications Test Network (referred to in this section as
`NASCTN').
``(2) Purposes.--NASCTN shall be for the purposes of
facilitating and coordinating the use of intellectual
capacity, modeling and simulation, laboratory facilities, and
test facilities to meet national spectrum interests and
challenges, including--
``(A) measurements and analyses of electromagnetic
propagation, radio systems characteristics, and operating
techniques affecting the utilization of the electromagnetic
spectrum in coordination with specialized, related research
and analysis performed by other Federal agencies in their
areas of responsibility;
``(B) conducting research and analysis in the general field
of telecommunications sciences in support of the Institute's
mission and in support of other Government agencies;
``(C) developing methodologies for testing, measuring, and
setting guidelines for interference;
``(D) conducting interference tests to better understand
the impact of current and proposed Federal and commercial
spectrum activities;
``(E) conducting research and testing to improve spectrum
interference tolerance, flexibility, agility, and
interference mitigation methods; and
``(F) other activities as determined necessary by the
Director.''.
SEC. 10231. NEUTRON SCATTERING.
(a) Strategic Plan for the Institute Neutron Reactor.--The
Director shall develop a strategic plan for the future of the
NIST Center for Neutron Research after the current neutron
reactor is decommissioned, including--
(1) a succession plan for the reactor, including a roadmap
with timeline and milestones;
(2) conceptual design of a new reactor and accompanying
facilities, as appropriate; and
(3) a plan to minimize disruptions to the user community
during the transition.
(b) Coordination With the Department of Energy.--The
Secretary, acting through the Director, shall coordinate with
the Secretary of Energy on issues related to Federal support
for neutron science, including estimation of long-term needs
for research using neutron sources, and planning efforts for
future facilities to meet such needs.
(c) Report to Congress.--Not later than 30 months after the
date of enactment of this Act, the Director shall submit to
Congress the plan required under subsection (a), and shall
notify Congress of any substantial updates to such plan in
subsequent years.
SEC. 10232. ARTIFICIAL INTELLIGENCE.
(a) In General.--The Director shall continue to support the
development of artificial intelligence and data science, and
carry out the activities of the National Artificial
Intelligence Initiative Act of 2020 authorized in division E
of the National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), including through--
(1) expanding the Institute's capabilities, including
scientific staff and research infrastructure;
(2) supporting measurement research and development for
advanced computer chips and hardware designed for artificial
intelligence systems;
(3) supporting the development of technical standards and
guidelines that promote safe and trustworthy artificial
intelligence systems, such as enhancing the accuracy,
explainability, privacy, reliability, robustness, safety,
security, and mitigation of harmful bias in artificial
intelligence systems;
(4) creating a framework for managing risks associated with
artificial intelligence systems; and
(5) developing and publishing cybersecurity tools,
encryption methods, and best practices for artificial
intelligence and data science.
(b) AI Testbeds.--Section 22A of the National Institute of
Standards and Technology Act (15 U.S.C. 278h-1) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Testbeds.--In coordination with other Federal
agencies as appropriate, the private sector, and institutions
of higher education (as such term is defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001)), the
Director may establish testbeds, including in virtual
environments, to support the development of robust and
trustworthy artificial intelligence and machine learning
systems, including testbeds that examine the vulnerabilities
and conditions that may lead to failure in, malfunction of,
or attacks on such systems.''.
SEC. 10233. SUSTAINABLE CHEMISTRY RESEARCH AND EDUCATION.
In accordance with section 263 of the National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 9303), the
Director shall carry out activities in support of sustainable
chemistry, including coordinating and partnering with
academia, industry, nonprofit organizations, and other
entities in activities to support clean, safe, and economic
alternatives, technologies, and methodologies to traditional
chemical products and processes.
SEC. 10234. PREMISE PLUMBING RESEARCH.
(a) In General.--The Secretary, acting through the
Director, shall create a program, in consultation with the
Environmental Protection Agency, for premise plumbing
research, including to--
(1) conduct metrology research on premise plumbing in
relation to water safety, security, efficiency,
sustainability, and resilience; and
(2) coordinate research activities with academia, the
private sector, nonprofit organizations, and other Federal
agencies.
(b) Definitions.--For purposes of this section, the term
``premise plumbing'' means the water distribution system
located within the property lines of a property, including
all buildings and permanent structures on such property. Such
term includes building supply and distribution pipes,
fixtures, fittings, water heaters, water-treating and water-
using equipment, and all respective joints, connections,
devices, and appurtenances.
SEC. 10235. DR. DAVID SATCHER CYBERSECURITY EDUCATION GRANT
PROGRAM.
(a) Authorization of Grants.--
(1) In general.--Subject to the availability of
appropriations, the Director shall carry out the Dr. David
Satcher Cybersecurity Education Grant Program by--
(A) awarding grants to assist institutions of higher
education that have an enrollment of needy students,
historically Black colleges and universities, Tribal Colleges
and Universities, and minority-serving institutions, to
establish or expand cybersecurity programs, to build and
upgrade institutional capacity to better support new or
existing cybersecurity programs, including cybersecurity
partnerships with public and private entities, and to support
such institutions on the path to producing qualified entrants
in the cybersecurity workforce or becoming a National Center
of Academic Excellence in Cybersecurity; and
(B) awarding grants to build capacity at institutions of
higher education that have an enrollment of needy students,
historically Black colleges and universities, Tribal Colleges
and Universities, and minority-serving institutions, to
expand cybersecurity education opportunities, cybersecurity
programs, cybersecurity research, and cybersecurity
partnerships with public and private entities.
(2) Reservation.--The Director shall award not less than 50
percent of the amount available for grants under this section
to historically Black colleges and universities, Tribal
Colleges and Universities, and minority-serving institutions.
(3) Coordination.--The Director shall carry out this
section in coordination with appropriate Federal agencies,
including the Departments of Homeland Security, Education,
and Labor.
(4) Sunset.--The Director's authority to award grants under
paragraph (1) shall terminate on the date that is 5 years
after the date the Director first awards a grant under
paragraph (1).
(b) Applications.--An eligible institution seeking a grant
under subsection (a) shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director may reasonably require, including
a statement of how the institution will use the funds awarded
through the grant to expand cybersecurity education
opportunities at the eligible institution.
[[Page H7305]]
(c) Activities.--An eligible institution that receives a
grant under this section may use the funds awarded through
such grant for increasing research, education, technical,
partnership, and innovation capacity, including for--
(1) building and upgrading institutional capacity to better
support new or existing cybersecurity programs, including
cybersecurity partnerships with public and private entities;
(2) building and upgrading institutional capacity to
provide hands-on research and training experiences for
undergraduate and graduate students; and
(3) outreach and recruitment to ensure students are aware
of such new or existing cybersecurity programs, including
cybersecurity partnerships with public and private entities.
(d) Reporting Requirements.--Not later than--
(1) one year after the effective date of this section, as
provided in subsection (f), and annually thereafter until the
Director submits the report under paragraph (2), the Director
shall prepare and submit to Congress a report on the status
and progress of implementation of the grant program under
this section, including on the number and demographics of
institutions participating, the number and nature of students
served by cybersecurity programs at institutions receiving
grants, as well as the number of certificates or degrees
awarded through such cybersecurity programs, the level of
funding provided to grant recipients, the types of activities
being funded by the grants program, and plans for future
implementation and development; and
(2) five years after the effective date of this section, as
provided in subsection (f), the Director shall prepare and
submit to Congress a report on the status of cybersecurity
education programming and capacity-building at institutions
receiving grants under this section, including changes in the
scale and scope of these programs, associated facilities, or
in accreditation status, and on the educational and
employment outcomes of students participating in
cybersecurity programs that have received support under this
section.
(e) Performance Metrics.--The Director shall establish
performance metrics for grants awarded under this section.
(f) Effective Date.--This section shall take effect 1 year
after the date of enactment of this Act.
Subtitle C--General Activities
SEC. 10241. EDUCATIONAL OUTREACH AND SUPPORT FOR
UNDERREPRESENTED COMMUNITIES.
Section 18 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-1) is amended--
(1) in subsection (a), in the second sentence--
(A) by striking ``may'' and inserting ``shall''; and
(B) by striking ``academia'' and inserting ``diverse types
of institutions of higher education, including historically
Black colleges and universities, Tribal Colleges and
Universities, and minority-serving institutions, and
community colleges''; and
(2) in subsection (e)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by inserting after paragraph (5) the following:
``(6) conduct outreach to and develop research
collaborations with historically Black colleges and
universities, Tribal Colleges or Universities, and minority
serving institutions, including through the recruitment of
students and faculty at such institutions to participate in
programs developed under paragraph (3);
``(7) conduct outreach to and develop research
collaborations with community colleges, including through the
recruitment of students and faculty at such institutions to
participate in programs developed under paragraph (3);
``(8) carry out other activities to increase the
participation of persons historically underrepresented in
STEM in the Institute's programs; and
``(9) conduct outreach to and develop collaborations with
nontraditional educational organizations, including those
that offer training through nonprofit associations and
professional associations or professional societies, to
engage persons historically underrepresented in STEM through
programs developed under this subsection.''.
SEC. 10242. OTHER TRANSACTIONS AUTHORITY.
(a) In General.--Paragraph (4) of section 2(b) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(b)) is amended to read as follows:
``(4) to enter into and perform such contracts, including
cooperative research and development arrangements and grants
and cooperative agreements or other transactions, as may be
necessary in the conduct of its work and on such terms as it
may determine appropriate, in furtherance of the purposes of
this Act;''.
(b) Reporting.--Not later than one year after the date of
the enactment of this Act and not less than annually
thereafter, the Secretary shall submit to the Committee on
Science, Space, and Technology and the Committee on
Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate a report on the use
of agreements, activities, and associated funding for
transactions (other than contracts, cooperative agreements,
and grants) described in paragraph (4) of section 2(b) of the
National Institute of Standards and Technology Act (as
amended by subsection (a)), including the following elements:
(1) A description of when the other transactions authority
described in such amended paragraph was used and for what
purpose.
(2) A description of why such other transactions authority
was required.
(3) Steps taken to ensure necessary and sufficient
oversight of Federal Government requirements implemented
using such other transactions authority.
SEC. 10243. REPORT TO CONGRESS ON COLLABORATIONS WITH
GOVERNMENT AGENCIES.
Not later than 6 months after the date of the enactment of
this Act, the Director shall submit a report to the Committee
on Science, Space, and Technology and the Committee on
Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate describing the
Institute's challenges with respect to collaboration between
the Institute and other Federal agencies. The report shall
include, at a minimum--
(1) an assessment of the challenges that arise with
interagency collaboration, including transfer of funds with a
limited period of availability to the Institute and issues
with sharing personnel, associates, facilities, and property
with collaborating agencies; and
(2) descriptions of projects that were disrupted due to the
challenges outlined in paragraph (1).
SEC. 10244. HIRING CRITICAL TECHNICAL EXPERTS.
Section 6 of the National Institute of Standards and
Technology Act (15 U.S.C. 275) is amended to read as follows:
``SEC. 6. HIRING CRITICAL TECHNICAL EXPERTS.
``(a) In General.--The officers and employees of the
Institute, except the director, shall be appointed by the
Secretary at such time as their respective services may
become necessary.
``(b) Hiring Critical Technical Experts.--Notwithstanding
section 3104 of title 5 or the provisions of any other law
relating to the appointment, number, classification, or
compensation of employees, the Secretary shall have the
authority to make appointments of scientific, engineering,
and professional personnel, and to fix the basic pay of such
personnel at a rate to be determined by the Secretary at
rates not in excess of the highest total annual compensation
payable at the rate determined under section 104 of title 3,
United States Code. The Director shall appoint not more than
15 personnel under this section.
``(c) Sunset.--The authority under section (b) shall expire
on the date that is 5 years after the date of the enactment
of this section.''.
SEC. 10245. INTERNATIONAL STANDARDS DEVELOPMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the principles of openness, transparency, due process,
balance of interests, appeals, and consensus in the
development of international standards are critical;
(2) voluntary consensus standards, developed through an
industry-led process, serve as the cornerstone of the United
States standardization system and have become the basis of a
sound national economy and the key to global market access;
(3) strengthening the unique United States public-private
partnerships approach to standards development is critical to
United States economic competitiveness; and
(4) the United States Government should ensure cooperation
and coordination across Federal agencies to partner with and
support private sector stakeholders to continue to shape
international dialogues in regard to standards development
for emerging technologies.
(b) International Standards Engagement.--
(1) In general.--The Director shall lead information
exchange and coordination among Federal agencies and
communication from Federal agencies to the private sector of
the United States to ensure effective Federal engagement in
the development and use of international technical standards.
(2) Requirements.--To support private sector-led engagement
and ensure effective Federal engagement in the development
and use of international technical standards, the Director
shall consider--
(A) the role and needs of the Federal Government with
respect to international technical standards;
(B) organizations developing international technical
standards of interest to the United States, United States
representation and influence in these organizations, and key
contributors for technical and leadership expertise in these
organizations;
(C) support for persons with domain subject matter
expertise, especially from small businesses located in the
United States, to influence and engage in technical standards
leadership positions, working groups and meetings;
(D) opportunities for partnerships for supporting
international technical standards from across the Federal
Government, Federally funded research and development
centers, university-affiliated research centers, institutions
of higher education, industry, industry associations,
nonprofit organizations, and other key contributors;
(E) support for activities to encourage the adoption of
technical standards developed in the United States to be
adopted by international standards organizations; and
(F) other activities determined by the Director to be
necessary to support United States participation in
international standards development, economic
competitiveness, and national security in the development and
use of international technical standards.
(c) Capacity Building Guidance.--The Director shall support
education and workforce development efforts to promote United
States participation in international standards
organizations. The Director shall--
[[Page H7306]]
(1) identify and create, as appropriate, technical
standards education and training resources for interested
businesses, industry associations, academia, nonprofit
organizations, Federal agencies, and other relevant standards
contributors, including activities targeted at integrating
standards content into undergraduate and graduate curricula
in science, engineering, business, public policy, and law;
(2) conduct outreach, including to private sector leaders,
to support engagement by more United States stakeholders in
international technical standards development; and
(3) other activities determined necessary by the Director
to support increased engagement, influence, and leadership of
United States organizations in the development of
international technical standards.
(d) Capacity Building Pilot Program.--
(1) In general.--The Director, in coordination with the
Director of the National Science Foundation, and the heads of
other relevant Federal agencies, as appropriate, shall
establish or enter into cooperative agreements with
appropriate nongovernmental organizations to establish a 5-
year pilot program to award grants, on a merit-reviewed,
competitive basis, to private sector entities, institutions
of higher education, or nonprofit institutions based in the
United States to support increased participation and
leadership by small business and academic interests in
international standards organizations.
(2) Use of funds.--Grants awarded to eligible entities
under this subsection may be used to cover reasonable costs,
up to a specified ceiling set by the Director, of activities
to support increased engagement and leadership of eligible
entity employees in international standards organizations,
which may include costs associated with--
(A) travel;
(B) education and training;
(C) dues or fees related to participation in technical
standards development activities; and
(D) other such costs that the Director determines may
reasonably support participation of the eligible entity in
international standards organizations.
(3) Award criteria.--The Director shall ensure that award
decisions made under this subsection take into account the
extent to which the eligible entity--
(A) employs full-time an individual or individuals who
demonstrate deep technical standards expertise;
(B) employs full-time an individual or individuals who
demonstrate knowledge with the processes of the standards
development organization in which the eligible entity intends
to engage using grant funds;
(C) proposes a feasible set of standard deliverables to be
completed over the period of the grant;
(D) explains how the eligible entity will fund additional
standards-related activities necessary to achieve the
deliverables referred to in subparagraph (C) if the grant
funds are insufficient to cover all costs of such activities;
(E) commits personnel with appropriate expertise to
regularly engage in relevant international organizations
responsible for developing technical standards over the
period of the grant; and
(F) identifies a clearly defined current or anticipated
market need or gap that would be addressed by their standards
development proposal.
(4) Eligibility.--A small business concern (as such term is
defined in section 3 of the Small Business Act (15 U.S.C.
632) based in the United States, an institution of higher
education, or a nonprofit institution (as such term is
defined in section 4 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3703)) shall be eligible to
receive grants under this program.
(5) Guidance on application and award process.--The
Director shall develop, and periodically update, guidance,
including eligibility, applicant disclosure requirements,
grant amount and duration, the merit review process, priority
areas for standards development, and any additional
requirements for how grants are awarded under this
subsection.
(6) Merit review process.--The Director shall ensure that
grants under this subsection are awarded based on a
competitive, merit review process including the use of merit
review panels that may include experts from both government,
the private sector, and, as appropriate, academic, nonprofit,
or other organizations as the Director determines
appropriate.
(7) Consultation.--In carrying out the pilot program
established under this subsection, the Director shall consult
with other Federal agencies, private sector organizations,
institutions of higher education, and nonprofit organizations
to help inform the pilot program, including the guidance
developed under paragraph (5).
(8) Report to congress.--The Director shall brief Congress
after the second year of the pilot program and each year
following that includes the following:
(A) An assessment of the effectiveness of the pilot program
for improving the participation of United States small
businesses, United States institutions of higher education,
or other nonprofit research institutions in international
standards organizations, including--
(i) the type of activities supported, including leadership
roles;
(ii) the international standards organizations participated
in; and
(iii) the technical areas covered by the activities.
(B) If determined effective, a plan for permanent
implementation of the pilot program.
SEC. 10246. STANDARD TECHNICAL UPDATE.
(a) National Institute of Standards and Technology Act
Updates.--The National Institute of Standards and Technology
Act (15 U.S.C. 271) is amended--
(1) by amending subsection (a) of section 17 (15 U.S.C.
278g) to read as follows:
``(a) The Secretary is authorized, notwithstanding any
other provision of law, to expend such sums, within the limit
of appropriated funds, as the Secretary may determine
desirable through direct support for activities of
international organizations and foreign national metrology
institutes with which the Institute cooperates to advance
measurement methods, technical standards, and related basic
technologies, for official representation, to host official
receptions, dinners, and similar events, and to otherwise
extend official courtesies, including transportation of
foreign dignitaries and representatives of foreign national
metrology institutes to and from the Institute, for the
purpose of maintaining the standing and prestige of the
Department of Commerce and the Institute, through the grant
of fellowships or other appropriate form of financial or
logistical assistance or support to foreign nationals not in
service to the Government of the United States while they are
performing scientific or engineering work at the Institute or
participating in the exchange of scientific or technical
information at the Institute.''; and
(2) in section 20 (15 U.S.C. 278g-3)--
(A) in subsection (c), by amending paragraph (3) to read as
follows:
``(3) submit such standards and guidelines to the Secretary
of Commerce for promulgation under section 11331 of title
40;''; and
(B) in subsection (d)--
(i) in paragraph (1), by striking ``Director of the Office
of Management and Budget'' and inserting ``Secretary of
Commerce''; and
(ii) in paragraph (8), by striking ``Director of Management
and Budget with such standards submitted to the Director''
and inserting ``Secretary of Commerce with such standards
submitted to the Secretary''.
(b) Stevenson-Wydler Updates.--The Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is
amended--
(1) in paragraph (1) of section 17(c) (15 U.S.C.
3711a(c))--
(A) by moving each of subparagraphs (D) and (E) two ems to
the left; and
(B) by adding at the end the following:
``(G) Community.''; and
(2) in subsection (m) of section 26 (15 U.S.C. 3721)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (2); and
(C) in paragraph (2), as so redesignated, by striking ``and
the Comptroller General's review under paragraph (2)''.
(c) American Innovation and Competitiveness Act Update.--
Section 113 of the American Innovation and Competitiveness
Act (15 U.S.C. 278e note) is repealed.
(d) Clerical Amendment.--The item relating to section 113
in the table of contents in section 1(b) of the American
Innovation and Competitiveness Act is repealed.
(e) Federal Energy Management Improvement Act Update.--
Section 4 of the Federal Energy Management Improvement Act of
1988 (15 U.S.C. 5001) is amended--
(1) by striking ``Secretary of Commerce'' and ``Secretary''
each place either such term appears and inserting ``Consumer
Product Safety Commission'';
(2) by redesignating the second subsection (c) as
subsection (e); and
(3) in subsection (g), by redesignating clauses (i) and
(ii) as paragraphs (1) and (2), respectively.
(f) Title 40, United States Code.--Section 11331 of title
40, United States Code, is amended by striking subsections
(a) through (d) and inserting the following:
``(a) Standards and Guidelines.--
``(1) Authority to prescribe.--Except as provided under
paragraph (2), the Secretary of Commerce shall, on the basis
of standards and guidelines developed by the National
Institute of Standards and Technology pursuant to paragraphs
(2) and (3) of section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(a)), prescribe
standards and guidelines pertaining to Federal information
systems.
``(2) National security systems.--Standards and guidelines
for national security systems shall be developed, prescribed,
enforced, and overseen as otherwise authorized by law and as
directed by the President.
``(b) Mandatory Requirements.--
``(1) Authority to make mandatory.--Except as provided
under paragraph (2), the Secretary of Commerce shall make
standards prescribed under subsection (a)(1) compulsory and
binding to the extent determined necessary by the Secretary
to improve the efficiency of operation or security of Federal
information systems.
``(2) Required mandatory standards.--
``(A) In general.--Standards prescribed under subsection
(a)(1) shall include information security standards that--
``(i) provide minimum information security requirements as
determined under section 20(b) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(b)); and
``(ii) are otherwise necessary to improve the security of
Federal information and information systems.
``(B) Requirement.--Information security standards
described in subparagraph (A) shall be compulsory and
binding.
``(c) Authority to Disapprove or Modify.--The President may
disapprove or modify the standards and guidelines referred to
in subsection (a)(1) if the President determines such action
to be in the public interest. The President's authority to
disapprove or modify such standards and guidelines may not be
delegated. Notice of such disapproval or modification shall
be published promptly in the Federal Register. Upon receiving
notice of such disapproval or modification, the Secretary of
Commerce shall
[[Page H7307]]
immediately rescind or modify such standards or guidelines as
directed by the President.
``(d) Exercise of Authority.--To ensure fiscal and policy
consistency, the Secretary of Commerce shall exercise the
authority conferred by this section subject to direction by
the President and in coordination with the Director of the
Office of Management and Budget.
``(e) Application of More Stringent Standards.--The head of
an executive agency may employ standards for the cost-
effective information security for Federal information
systems within or under the supervision of that agency that
are more stringent than the standards the Secretary
prescribes under this section if the more stringent
standards--
``(1) contain at least the applicable standards made
compulsory and binding by the Secretary of Commerce; and
``(2) are otherwise consistent with policies and guidelines
issued under section 3553 of title 44.
``(f) Decisions on Promulgation of Standards.--The decision
by the Secretary of Commerce regarding the promulgation of
any standard under this section shall occur not later than 6
months after the submission of the proposed standard to the
Secretary by the National Institute of Standards and
Technology, as provided under section 20 of the National
Institute of Standards and Technology Act (15 U.S.C. 278g-3).
``(g) Definitions.--In this section:
``(1) Federal information system.--The term `Federal
information system' means an information system used or
operated by an executive agency, by a contractor of an
executive agency, or by another organization on behalf of an
executive agency.
``(2) Information security.--The term `information
security' has the meaning given that term in section
3552(b)(3) of title 44.
``(3) National security system.--The term `national
security system' has the meaning given that term in section
3552(b)(6) of title 44.''.
(g) Technical and Conforming Amendment.--Paragraph (2) of
section 20(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3(a)) is amended by striking
``section 3552(b)(5) of title 44, United States Code'' and
inserting ``section 3552(b)(6) of title 44, United States
Code''.
(h) National Construction Safety Team Act Updates.--Section
4 of the National Construction Safety Team Act (15 U.S.C.
7303) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) Civil suits.--Where practicable, a Team shall
cooperate with civil litigants without compromising a Team's
investigation or the evidence preservation activities as
described in this section.''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking ``Interagency''
and inserting ``Investigation''; and
(B) in paragraph (1), by inserting ``or any civil suit or
civil action'' after ``Federal agency''.
SEC. 10247. GAO STUDY OF NIST RESEARCH SECURITY POLICIES AND
PROTOCOLS.
(a) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study of the Institute's policies and
protocols to protect its research and combat undue foreign
influence.
(b) Matters to Be Included.--The study conducted under
subsection (a) shall include, to the extent practicable, the
following:
(1) An analysis of steps taken by the Institute to address
foreign threats to Institute-funded research over the
previous 5 years.
(2) An analysis of the coordination and engagement between
the Department of Commerce's Office of Inspector General, the
Department of Commerce's Office of Intelligence, the National
Counterintelligence and Security Center of the Office of the
Director of National Intelligence, and the Institute in
identifying and addressing concerning findings.
(3) An assessment of the Institute's review process for
foreign national associates.
(4) An assessment of the Institute's policies as it relates
to employees and associates participating in foreign talent
recruitment programs.
(5) An assessment of the Institute's implementation of
conflict of interest and disclosure policies and
requirements, including the disclosure requirements
authorized in section 223 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(6) An assessment of the Institute's, the Department of
Commerce's Office of Security, the Department of Commerce's
Office of Intelligence, and the Department of Commerce's
Office of Inspector General's ability to monitor and enforce
conflict of interest and disclosure policies and
requirements, including the disclosure requirements
authorized in section 223 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(7) An assessment of the Institute's, the Department of
Commerce's, and the Department of Commerce's Office of
Inspector General's ability to conduct risk assessments of
research and development award applications and disclosures
to the Institute.
(8) An assessment of the Institute's research security
training programs for both internal and externally-supported
researchers and associates, including training focused on
international collaboration, and international travel,
foreign interference, and rules for proper use of funds,
disclosure, conflict of commitment, and conflict of interest.
(9) An analysis and summary of incidents of undue foreign
influence at Institute-supported research facilities and
programs over the past 10 years.
(10) Recommendations for the Institute to bolster its
research security policies and protocols.
(11) Other matters the Comptroller General determines
appropriate.
(c) Congressional Briefing.--Not later than 180 days after
the date of enactment of this Act, the Comptroller General
shall brief the Committee on Science, Space, and Technology
and the Permanent Select Committee on Intelligence of the
House of Representatives and the Committee of Commerce,
Science, and Transportation and the Select Committee on
Intelligence of the Senate on the findings available from the
evaluation conducted under subsection (a).
(d) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the congressional committees specified in subsection (c) a
report on the findings and recommendations of the evaluation
conducted under subsection (a).
SEC. 10248. STANDARDS DEVELOPMENT ORGANIZATION GRANTS.
(a) Nongovernmental Standards Development Organization
Defined.--In this section, the term ``nongovernmental
standards development organization'' means a nongovernmental
standards development organization (as defined in section
2(e) of the Office of Management and Budget Circular A-119
(relating to Federal participation in the development and use
of voluntary consensus standards in conformity assessment
activities), or any successor document) that adheres to the
American National Standards Institute (ANSI) Essential
Requirements for Due Process for American National Standards.
(b) Grant Authority.--The Secretary of Commerce, acting
through the Director, shall establish a competitive program
of grants for nongovernmental standards development
organizations for the purposes described in subsection (c).
(c) Purposes.--A grant awarded under subsection (b) shall
be used to develop, approve, disseminate, maintain, and
review forensic science voluntary consensus standards and
best practices that shall be available to the public free of
charge.
(d) Additional Requirements.--The Director may promulgate
such requirements, guidelines, and procedures as may be
necessary to carry out this section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $2,000,000 for
each of fiscal years 2022 through 2026.
Subtitle D--Hollings Manufacturing Extension Partnership
SEC. 10251. ESTABLISHMENT OF EXPANSION AWARDS PILOT PROGRAM
AS A PART OF THE HOLLINGS MANUFACTURING
EXTENSION PARTNERSHIP.
(a) Establishment of Expansion Awards Program.--The
National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by inserting after section 25A (15
U.S.C. 278k-1) the following:
``SEC. 25B. EXPANSION AWARDS PILOT PROGRAM.
``(a) Definitions.--The terms used in this section have the
meanings given the terms in section 25.
``(b) Establishment.--The Director shall establish, subject
to the availability of appropriations, as a part of the
Hollings Manufacturing Extension Partnership under sections
25 and 25A, a pilot program of expansion awards among
participants described in subsection (c) for the purposes
described in subsection (e).
``(c) Participants.--Participants receiving awards under
this section shall be Centers, or a consortium of Centers (as
such term is defined in section 25).
``(d) Award Amounts.--Subject to the availability of
appropriations, an award for a recipient under this section
shall be in an amount equal to the sum of the following:
``(1) Such amount as the Director considers appropriate as
a minimum base funding level for each award under this
section.
``(2) Such additional amount as the Director considers in
proportion to the manufacturing density of the region of the
recipient.
``(3) Such supplemental amounts as the Director considers
appropriate.
``(e) Purpose of Awards.--An award under this section shall
be made for one or more of the following purposes:
``(1) To provide worker education, training, development,
and entrepreneurship training and to connect individuals or
business with such services offered in their community, which
may include employee ownership and workforce training,
including connecting manufacturers with career and technical
education entities, institutions of higher education
(including community colleges), workforce development boards,
labor organizations, and nonprofit job training providers to
develop and support training and job placement services,
including apprenticeship and online learning platforms, for
new and incumbent workers, programming to prevent job losses
when adopting new technologies and processes, and development
of employee ownership practices.
``(2) To provide services to improve the resiliency of
domestic supply chains.
``(3) To mitigate vulnerabilities to cyberattacks,
including helping to offset the cost of cybersecurity
projects for small manufacturers.
``(4) To expand advanced technology services to United
States-based small- and medium-sized manufacturers, which may
include--
``(A) developing technology demonstration laboratories;
``(B) training and demonstration in areas of supply chain
and critical technology needs, including a focus on the
demonstration of technologies developed by companies based in
the United States;
``(C) services for the adoption of advanced technologies,
including smart manufacturing technologies and practices; and
``(D) establishing partnerships, for the development,
demonstration, and deployment of advanced technologies,
with--
[[Page H7308]]
``(i) national laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801));
``(ii) Federal laboratories;
``(iii) Manufacturing USA institutes (as described in
section 34(d)); and
``(iv) institutions of higher education.
``(5) To build capabilities across the Hollings
Manufacturing Extension Partnership for domestic supply chain
resiliency and optimization, including--
``(A) assessment of domestic manufacturing capabilities,
expanded capacity for researching and deploying information
on supply chain risk, hidden costs of reliance on offshore
suppliers, redesigning products and processes to encourage
reshoring, and other relevant topics; and
``(B) expanded services to provide industrywide support
that assists United States manufacturers with reshoring
manufacturing to strengthen the resiliency of domestic supply
chains, including in critical technology areas and
foundational manufacturing capabilities that are key to
domestic manufacturing competitiveness and resiliency,
including forming, casting, machining, joining, surface
treatment, tooling, and metal or chemical refining.
``(f) Reimbursement.--The Director may reimburse Centers
for costs incurred by the Centers under this section.
``(g) Applications.--Applications for awards under this
section shall be submitted in such manner, at such time, and
containing such information as the Director shall require in
consultation with the Manufacturing Extension Partnership
Advisory Board.
``(h) Selection.--
``(1) Reviewed and merit-based.--The Director shall ensure
that awards under this section are reviewed and merit-based.
``(2) Geographic diversity.--The Director shall endeavor to
have broad geographic diversity among selected proposals.
``(3) Criteria.--The Director shall select applications
consistent with the purposes identified pursuant to
subsection (e) to receive awards that the Director determines
will achieve one or more of the following:
``(A) Improvement of the competitiveness of industries in
the region in which the Center or Centers are located.
``(B) Creation of jobs or training of newly hired
employees.
``(C) Promotion of the transfer and commercialization of
research and technology from institutions of higher
education, national laboratories, or other federally funded
research programs, and nonprofit research institutes.
``(D) Recruitment of a diverse manufacturing workforce,
including through outreach to underrepresented populations,
including individuals identified in section 33 or section 34
of the Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a, 1885b).
``(E) Any other result the Director determines will advance
the objective set forth in section 25(c) or 25A.
``(i) Program Contribution.--Recipients of awards under
this section shall not be required to provide a matching
contribution.
``(j) Global Marketplace Projects.--In making an award
under this section, the Director, in consultation with the
Manufacturing Extension Partnership Advisory Board and the
Secretary, may take into consideration whether an application
has significant potential for enhancing the competitiveness
of small and medium-sized United States manufacturers in the
global marketplace.
``(k) Duration.--The Director shall ensure that the
duration of an award under this section is aligned and
consistent with a Center's cooperative agreement established
in section 25(e).
``(l) Report.--Not later than October 1, 2025, the Director
shall submit to Congress a report that includes--
``(1) a summary description of what activities were funded
and the measurable outcomes of such activities;
``(2) a description of which types of activities under
paragraph (1) could remain as part of a permanent expansion
awards program;
``(3) a description of which types of activities under
paragraph (1) could be integrated into, and supported under,
the program under section 25;
``(4) a description of which types of activities under
paragraph (1) could be integrated into, and supported under,
the competitive awards program under section 25A; and
``(5) a recommendation, supported by a clear explanation,
as to whether the pilot program should be continued.''.
(b) Resource Optimization.--Of amounts authorized for the
Hollings Manufacturing Extension Partnership program under
section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k), the Secretary shall optimize
funding across sections 25 and 25A of such Act, as well as
the program established under section 25B of such Act (as
added by subsection (a)), to the extent practicable and
subject to the availability of appropriations, in order to
maximize Center (as such term is defined in such section 25)
participation as well as competitiveness, productivity, and
technological performance in United States manufacturing.
SEC. 10252. UPDATE TO HOLLINGS MANUFACTURING EXTENSION
PARTNERSHIP.
(a) Acceptance of Funds.--Subsection (l) of section 25 of
the National Institute of Standards and Technology Act (15
U.S.C. 278k) is amended to read as follows:
``(l) Acceptance of Funds.--
``(1) In general.--To the extent provided in advance in
appropriations Acts, other Federal departments and agencies
may transfer amounts to the Institute, and the Secretary and
Director may accept and make available cash donations from
the private sector pursuant to section 2(c)(7), to be used
for strengthening United States manufacturing under this
section.
``(2) Competitive awards.--Funds accepted from other
Federal departments and agencies and from the private sector
under paragraph (1) shall be awarded competitively by the
Secretary and Director to Centers, provided that the
Secretary and Director may make noncompetitive awards,
pursuant to this section or section 25A, or as a non-
competitive contract, as appropriate, if the Secretary and
Director determine that--
``(A) the manufacturing market or sector targeted is
limited geographically or in scope;
``(B) the number of States (or territory, in the case of
Puerto Rico) with Centers serving manufacturers of such
market or sector is five or fewer; and
``(C) such Center has or Centers have received a positive
evaluation in the most recent evaluation conducted pursuant
to subsection (g).''.
(b) Supporting American Manufacturing.--Section 25 of the
National Institute of Standards and Technology Act (15 U.S.C.
278k) is amended--
(1) in subsection (a)(5)--
(A) by striking ``or consortium thereof,''; and
(B) by inserting ``or a consortium thereof'' before the
period at the end of the sentence;
(2) in subsection (c)(4), by inserting ``United States-
based'' before ``industrial'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``at United States-based
industrial facilities, including small and medium
manufacturing companies'' before ``based'';
(B) in paragraph (2), by inserting ``United States-based''
before ``companies''; and
(C) in paragraph (3), by inserting ``United States-based''
before ``small'';
(4) in subsection (f)(5)(B)(i), by inserting ``in the
United States'' before the semicolon at the end of the
clause; and
(5) in subsection (n)(1)(A), by inserting ``United States-
based'' before ``small''.
(c) Amending the MEP Competitive Awards Program.--Section
25A(c)(2) of the National Institute of Standards and
Technology Act (15 U.S.C. 278k-1(c)(2)) is amended by
inserting ``United States'' before ``manufacturers''.
(d) MEP Outreach.--Section 25 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k) is amended--
(1) in subsection (c)--
(A) in paragraph (6), by striking ``community colleges and
area career and technical education schools'' and inserting
the following: ``secondary schools, community colleges, and
area career and technical education schools, including those
in underserved and rural communities,''; and
(B) in paragraph (7)--
(i) by striking ``and local colleges'' and inserting
``local secondary schools and local colleges, including
historically Black colleges and universities, Tribal Colleges
or Universities, minority-serving institutions, community
colleges, and secondary schools and colleges in underserved
and rural communities,''; and
(ii) by inserting ``or other applied learning
opportunities'' after ``apprenticeships''; and
(2) in subsection (d)(3), by striking ``, community
colleges, and area career and technical education schools,''
and inserting the following: ``and local high schools,
community colleges, and area career and technical education
schools, including those in underserved and rural
communities,''.
SEC. 10253. NATIONAL SUPPLY CHAIN DATABASE.
(a) Establishment of National Supply Chain Database.--The
Director shall establish a voluntary National Supply Chain
Database, subject to the availability of appropriations.
(b) Purpose.--The purpose of the voluntary National Supply
Chain Database shall be to assist the Federal Government and
industry sectors in minimizing disruptions to the United
States supply chain by having an assessment of United States
manufacturers' capabilities.
(c) Study on National Supply Chain Database.--In
establishing the National Supply Chain Database, the Director
shall consider the findings and recommendations from the
study authorized pursuant to section 9413 of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), including measures to secure and protect the
Database from adversarial attacks and vulnerabilities.
(d) Database and Manufacturing Extension Partnership.--
(1) In general.--The Director shall establish the
infrastructure for the National Supply Chain Database through
the Hollings Manufacturing Extension Partnership, established
pursuant to section 25 of the National Institute of Standards
and Technology Act (15 U.S.C. 278k), by connecting
information from the Centers (as such term is defined in such
section) through the Database.
(2) National view.--The Director shall ensure that
connections under paragraph (1)--
(A) provide a national overview of the networks of supply
chains of the United States; and
(B) support understanding of whether there is a need for
some manufacturers to retool in some critical areas to meet
the urgent need for key products.
(3) Individual hollings manufacturing extension partnership
center databases.--
(A) In general.--The Director shall ensure that--
(i) each Center is connected to the National Supply Chain
Database; and
(ii) each supply chain database maintained by a Center is
interoperable with the Database.
(B) Rule of construction.--Nothing in this section may be
construed to require a State or territory of the United
States to establish a new supply chain database through the
Hollings Manufacturing Extension Partnership program.
(e) Maintenance of National Supply Chain Database.--The
Director, acting through the Hollings Manufacturing Extension
Partnership program or a designee of the program--
[[Page H7309]]
(1) shall maintain the National Supply Chain Database as an
integration of State-level databases from the Center of each
State or territory of the United States;
(2) may populate the Database with information from past or
current clients of Centers; and
(3) may include in the Database information voluntarily
provided by non-client private sector entities based and
operating in the United States, as applicable and
appropriate.
(f) Database Content.--The National Supply Chain Database
may include the following:
(1) Basic private sector entity information.
(2) An overview of capabilities, accreditations, and
products.
(3) Proprietary information.
(g) Standard Classification System.--The National Supply
Chain Database may, where applicable, use the North American
Industry Classification System (NAICS) Codes as follows:
(1) Sector 31-33 - Manufacturing.
(2) Sector 54 - Professional, Scientific, and Technical
Services.
(3) Sector 48-49 - Transportation and Warehousing.
(h) Levels.--The National Supply Chain Database shall be
multi-leveled as agreed to under terms of mutual disclosure
as follows:
(1) Level 1 shall have the capability to provide basic
private sector entity information and shall be available to
the public.
(2) Level 2 shall have the capability to provide a deeper,
nonproprietary overview into capabilities, products, and
accreditations and shall be available to all companies that
contribute to the Database.
(3) Level 3 shall have the capability to hold proprietary
information.
(i) Matters Relating to Disclosure and Access.--
(1) FOIA exemption.--The National Supply Chain Database,
and any information contained therein that is not publicly
released by the Institute, shall be exempt from public
disclosure under section 552(b)(3) of title 5, United States
Code.
(2) Limitation on access to content.--Access to a
contributing private sector entity's nonpublic content in the
National Supply Chain Database shall be limited to--
(A) the contributing private sector entity, the Institute,
and staff from a Center who sign a nondisclosure agreement,
and
(B) other Federal departments and agencies,
as the Director considers appropriate.
(3) Aggregated information.--The Director may make
aggregated, de-identified information available to
contributing companies, Centers, or the public, as the
Director considers appropriate, in support of the purposes of
this section.
(j) Coordination With National Technology and Industrial
Base Council.--The Director, acting through the Hollings
Manufacturing Extension Partnership program, may work with
the National Defense Technology and Industrial Base Council
established under section 4812 of title 10, United States
Code, as the Director considers appropriate, to include in
the National Supply Chain Database information regarding the
defense manufacturing supply chain.
(k) Protections.--
(1) In general.--Supply chain information that is
voluntarily and lawfully submitted to the National Supply
Chain Database by a private sector entity and accompanied by
an express statement described in paragraph (2)--
(A) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code;
(B) may not be made available pursuant to any Federal,
State, local, or Tribal authority pursuant to any Federal,
State, local, or Tribal law requiring public disclosure of
information or records; and
(C) may not, without the written consent of the private
sector entity submitting such information, be used directly
by the Director, or any other Federal, State, or local
authority in any civil enforcement action brought by a
Federal, State, Tribal, or local authority.
(2) Express statement.--The express statement described in
this paragraph, with respect to information or records, is--
(A) in the case of written information or records, a
written marking on the information or records substantially
similar to the following: ``This information is voluntarily
submitted to the Federal Government in expectation of
protection from disclosure as provided by the provisions of
section 10253(k) of the Research and Development,
Competition, and Innovation Act.''; or
(B) in the case of oral information, a written statement
similar to the statement described in subparagraph (A)
submitted within a reasonable period following the oral
communication.
(l) Rules of Construction.--
(1) Private entities.--Nothing in this section may be
construed to require any private sector entity to share data,
including proprietary information, with the Director or the
National Supply Chain Database.
(2) Prohibition on new regulatory authority.--Nothing in
this section may be construed to grant the Director, or the
head of any other Federal agency, any authority to promulgate
regulations or set standards on manufacturers, based on data
within the National Supply Chain Database, that was not in
effect on the day before the date of the enactment of this
section.
SEC. 10254. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP
ACTIVITIES.
Section 70924(b) of the Infrastructure Investment and Jobs
Act (Public Law 117-58) is amended to read as follows:
``(b) Automatic Enrollment in GSA Advantage.--The
Administrator of the General Services Administration and the
Secretary of Commerce, acting through the Under Secretary of
Commerce for Standards and Technology, shall jointly ensure
that businesses that participate in the Hollings
Manufacturing Extension Partnership, and so desire, are
automatically enrolled in General Services Administration
Advantage.''.
SEC. 10255. AMENDMENT TO THE HOLLINGS MANUFACTURING EXTENSION
PARTNERSHIP RELATING TO INSTITUTIONS OF HIGHER
EDUCATION.
Subsection (a) of section 25 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k) is amended--
(1) by redesignating paragraph (6) (relating to the
definition of ``Hollings Manufacturing Extension Partnership
or Program'') as paragraph (7);
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) Historically black college and university.--The term
`historically Black college and university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).'';
(3) by redesignating the second paragraph (7) (relating to
the definition of ``MEP Advisory Board'') as paragraph (8);
(4) by inserting after paragraph (6) (as inserted by
paragraph (2), relating to the definition of ``historically
Black college and university'') the following new paragraph:
``(7) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''; and
(5) by adding at the end the following new paragraphs:
``(9) Minority-serving institution.--The term `minority-
serving institution' means a Hispanic-serving institution as
defined in section 502(a) of the Higher Education Act of 1965
(20 U.S.C. 1101a(a)); an Alaska Native-serving institution or
Native Hawaiian-serving institution as defined in section
317(b) of such Act (20 U.S.C. 1059d(b)); or a Predominantly
Black institution, Asian American and Native American Pacific
Islander-serving institution, or Native American-serving
nontribal institution as defined in section 371(c) of such
Act (20 U.S.C. 1067q(c)).
``(10) Secondary school.--The term `secondary school' has
the meaning given such term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
``(11) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term `Tribal
College or University' in section 316 of the Higher Education
Act of 1965 (20 U.S.C. 1059c).''.
Subtitle E--Manufacturing USA Program
SEC. 10261. SUPPORTING GEOGRAPHIC DIVERSITY.
Section 34(e) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(e)) is amended by adding at
the end the following:
``(8) Diversity preferences.--In awarding financial
assistance under paragraph (1) for planning or establishing a
Manufacturing USA institute, an agency head shall give
special consideration to Manufacturing USA institutes that--
``(A) contribute to the geographic diversity of the
Manufacturing USA Program;
``(B) are located in an area with a low per capita income;
``(C) are located in an area with a high proportion of
socially disadvantaged residents; or
``(D) are located in small and rural communities.''.
SEC. 10262. EXPANDING OPPORTUNITIES THROUGH THE MANUFACTURING
USA PROGRAM.
(a) In General.--The Secretary of Commerce, in consultation
with the Secretary of Energy, the Secretary of Defense, and
the heads of such other Federal agencies as the Secretary of
Commerce considers relevant, shall coordinate with existing
and new Manufacturing USA institutes to integrate covered
entities as active members of the Manufacturing USA
institutes, including through the development of preferences
in selection criteria for proposals to create new
Manufacturing USA institutes or renew existing Manufacturing
USA institutes that include one or more covered entities.
(b) Covered Entities.--For purposes of this subsection, a
covered entity is--
(1) an historically Black college and university;
(2) a Tribal College or University;
(3) a minority-serving institution;
(4) a minority business enterprise (as such term is defined
in section 1400.2 of title 15, Code of Federal Regulations,
or successor regulation); or
(5) a rural-serving institution of higher education (as
such term is defined in section 861 of the Higher Education
Act of 1965 (20 U.S.C. 1161q)).
SEC. 10263. PROMOTING DOMESTIC PRODUCTION OF TECHNOLOGIES
DEVELOPED UNDER MANUFACTURING USA PROGRAM.
(a) Department of Commerce Policies to Promote Domestic
Production of Technologies Developed Under Manufacturing USA
Network.--
(1) Policies.--
(A) In general.--Each agency head (as such term is defined
in section 34(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(a))) and the Secretary of
Defense shall, in consultation with the Secretary of
Commerce, establish policies to promote the domestic
production of technologies developed by the Manufacturing USA
Network.
(B) Elements.--The policies established under subparagraph
(A) shall include the following:
(i) Measures to partner domestic developers of goods,
services, or technologies by Manufacturing USA Network
activities with domestic manufacturers and sources of
financing.
[[Page H7310]]
(ii) Measures to develop and provide incentives to promote
transfer of intellectual property and goods, services, or
technologies developed by Manufacturing USA Network
activities to domestic manufacturers.
(iii) Measures to assist with supplier scouting and other
supply chain development, including the use of the Hollings
Manufacturing Extension Partnership under section 25 of the
National Institute of Standards and Technology Act (15 U.S.C.
278k) to carry out such measures.
(iv) A process to review and approve or deny membership in
a Manufacturing USA institute by foreign-owned entities,
especially from countries of concern, including the People's
Republic of China.
(v) Measures to prioritize Federal procurement of goods,
services, or technologies developed by the Manufacturing USA
Network activities from domestic sources, as appropriate.
(C) Processes for waivers.--The policies established under
this paragraph shall include processes to permit waivers, on
a case by case basis, for policies that promote domestic
production based on cost, availability, severity of technical
and mission requirements, emergency requirements, operational
needs, other legal or international treaty obligations, or
other factors determined important to the success of the
Manufacturing USA Program.
(2) Prohibition.--
(A) In general.--A company of the People's Republic of
China may not participate in the Manufacturing USA Program
without a waiver, as described in paragraph (1)(C).
(B) Company defined.--In this paragraph, the term
``company'' has the meaning given such term in section 847(a)
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 4819 note).
(b) Coordination of Manufacturing USA Institutes.--
Subsection (h) of section 34 of the National Institute of
Standards and Technology Act (15 U.S.C. 278s) is amended by
adding at the end the following:
``(7) Council for coordination of institutes.--
``(A) Council.--The National Program Office shall establish
or designate a council of heads of any Manufacturing USA
institute receiving Federal funding at any time to foster
collaboration between Manufacturing USA institutes.
``(B) Meetings.--The council established or designated
pursuant to subparagraph (A) shall meet not less frequently
than twice each year.
``(C) Duties of the council.--The council established
pursuant to subparagraph (A) shall assist the National
Program Office in carrying out the functions of the National
Program Office under paragraph (2).''.
(c) Requirement for National Program Office to Develop
Strategies for Retaining Domestic Public Benefit After
Cessation of Federal Funding.--Subparagraph (C) of section
34(h)(2) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(h)(2)) is amended by inserting
``, including a strategy for retaining domestic public
benefits from Manufacturing USA institutes once Federal
funding has been discontinued'' after ``Program''.
(d) Modification of Functions of National Program Office to
Include Development of Industry Credentials.--Subparagraph
(J) of section 34(h)(2) of the National Institute of
Standards and Technology Act (15 U.S.C. 278s(h)(2)) is
amended by inserting ``, including the development of
industry credentials'' after ``activities''.
(e) Advice From the United States Manufacturing Council.--
The Secretary shall seek advice from the United States
Manufacturing Council of the International Trade
Administration of the Department of Commerce on matters
concerning investment in and support of the manufacturing
workforce within the Manufacturing USA Program.
TITLE III--NATIONAL SCIENCE FOUNDATION FOR THE FUTURE
Subtitle A--Preliminary Matters
SEC. 10301. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the National Science Foundation, the Department of
Energy and its National Laboratories, and other key Federal
agencies have carried out vital work supporting basic and
applied research to create knowledge that is a key driver of
the economy of the United States and a critical component of
national security;
(2) openness to diverse perspectives and a focus on freedom
from censorship and political bias will continue to make
educational and research institutions in the United States
beacons to thousands of students from across the world;
(3) increasing research and technology transfer
investments, building regional capacity and reducing
geographic disparity, strengthening supply chains, and
increasing capabilities in key technology focus areas will
enhance the competitive advantage and leadership of the
United States in the global economy;
(4) the Federal Government must utilize the full talent and
potential of the entire Nation by avoiding undue geographic
concentration of research and STEM education funding,
encouraging broader participation of populations
underrepresented in STEM, and collaborating with
nongovernment partners to ensure the leadership of the United
States in technological innovation; and
(5) authorization and funding for investments in research,
education, technology transfer, intellectual property,
manufacturing, and other core strengths of the United States
innovation ecosystem, including at the National Science
Foundation and the Department of Energy, should be done on a
bipartisan basis.
SEC. 10302. DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the National Science
Board.
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) NSF includes.--The term ``NSF INCLUDES'' means the
initiative carried out under section 10323.
(4) STEM ecosystem.--The term ``STEM ecosystem'' means a
local, regional, or statewide network, consortium, or multi-
sector partnership, which may be led or co-led by a nonprofit
organizational entity, that is operating in the United States
with the goal of supporting participation in STEM study,
activities, and career pathways as defined in the CoSTEM
Annual Progress Report of 2020 with a broad range of non-
Federal partners.
SEC. 10303. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2023.--
(1) In general.--There are authorized to be appropriated to
the Foundation $11,897,480,000 for fiscal year 2023.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $9,050,000,000 is authorized to be appropriated to
carry out research and related activities, of which--
(i) $55,000,000 is authorized to be appropriated for the
Mid-Scale Research Infrastructure Program; and
(ii) $1,500,000,000 is authorized to be appropriated for
the Directorate for Technology, Innovation, and Partnerships;
(B) $1,950,000,000 is authorized to be appropriated for
STEM education, of which--
(i) $73,700,000 is authorized to be appropriated for the
Robert Noyce Teacher Scholarship Program;
(ii) $59,500,000 is authorized to be appropriated for the
NSF Research Traineeship Program;
(iii) $416,300,000 is authorized to be appropriated for the
Graduate Research Fellowship Program;
(iv) $70,000,000 is authorized to be appropriated for the
Cybercorps Scholarship for Service Program; and
(v) $350,000,000 is authorized to be appropriated for
fellowships, traineeships, and scholarships described in
section 10393;
(C) $249,000,000 is authorized to be appropriated for major
research equipment and facilities construction, of which
$76,250,000 is authorized to be appropriated for the Mid-
Scale Research Infrastructure Program;
(D) $620,000,000 is authorized to be appropriated for
agency operations and award management;
(E) $5,090,000 is authorized to be appropriated for the
Office of the National Science Board; and
(F) $23,390,000 is authorized to be appropriated for the
Office of the Inspector General.
(b) Fiscal Year 2024.--
(1) In general.--There are authorized to be appropriated to
the Foundation $15,646,930,000 for fiscal year 2024.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $12,050,000,000 is authorized to be appropriated to
carry out research and related activities, of which--
(i) $60,000,000 is authorized to be appropriated for the
Mid-Scale Research Infrastructure Program; and
(ii) $3,350,000,000 is authorized to be appropriated for
the Directorate for Technology, Innovation, and Partnerships;
(B) $2,500,000,000 is authorized to be appropriated for
STEM education, of which--
(i) $80,400,000 is authorized to be appropriated for the
Robert Noyce Teacher Scholarship Program;
(ii) $64,910,000 is authorized to be appropriated for the
NSF Research Traineeship Program;
(iii) $454,140,000 is authorized to be appropriated for the
Graduate Research Fellowship Program;
(iv) $72,000,000 is authorized to be appropriated for the
Cybercorps Scholarship for Service Program; and
(v) $800,000,000 is authorized to be appropriated for
fellowships, traineeships, and scholarships described in
section 10393;
(C) $355,000,000 is authorized to be appropriated for major
research equipment and facilities construction, of which
$80,000,000 is authorized to be appropriated for the Mid-
Scale Research Infrastructure Program;
(D) $710,000,000 is authorized to be appropriated for
agency operations and award management;
(E) $5,320,000 is authorized to be appropriated for the
Office of the National Science Board; and
(F) $26,610,000 is authorized to be appropriated for the
Office of the Inspector General.
(c) Fiscal Year 2025.--
(1) In general.--There are authorized to be appropriated to
the Foundation $16,706,670,000 for fiscal year 2025.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $12,850,000,000 is authorized to be appropriated to
carry out research and related activities, of which--
(i) $70,000,000 is authorized to be appropriated for the
Mid-Scale Research Infrastructure Program; and
(ii) $3,550,000,000 is authorized to be appropriated for
the Directorate for Technology, Innovation, and Partnerships;
(B) $2,700,000,000 is authorized to be appropriated for
STEM education, of which--
(i) $87,100,000 is authorized to be appropriated for the
Robert Noyce Teacher Scholarship Program;
(ii) $70,320,000 is authorized to be appropriated for the
NSF Research Traineeship Program;
(iii) $491,990,000 is authorized to be appropriated for the
Graduate Research Fellowship Program;
[[Page H7311]]
(iv) $78,000,000 is authorized to be appropriated for the
Cybercorps Scholarship for Service Program; and
(v) $900,000,000 is authorized to be appropriated for
fellowships, traineeships, and scholarships described in
section 10393;
(C) $370,000,000 is authorized to be appropriated for major
research equipment and facilities construction, of which
$85,000,000 is authorized to be appropriated for the Mid-
Scale Research Infrastructure Program;
(D) $750,000,000 is authorized to be appropriated for
agency operations and award management;
(E) $5,560,000 is authorized to be appropriated for the
Office of the National Science Board; and
(F) $31,110,000 is authorized to be appropriated for the
Office of the Inspector General.
(d) Fiscal Year 2026.--
(1) In general.--There are authorized to be appropriated to
the Foundation $17,832,420,000 for fiscal year 2026.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $13,800,000,000 is authorized to be appropriated to
carry out research and related activities, of which--
(i) $75,000,000 is authorized to be appropriated for the
Mid-Scale Research Infrastructure Program; and
(ii) $3,800,000,000 is authorized to be appropriated for
the Directorate for Technology, Innovation, and Partnerships;
(B) $2,850,000,000 is authorized to be appropriated for
STEM education, of which--
(i) $93,800,000 is authorized to be appropriated for the
Robert Noyce Teacher Scholarship Program;
(ii) $75,730,000 is authorized to be appropriated for the
NSF Research Traineeship Program;
(iii) $529,830,000 is authorized to be appropriated for the
Graduate Research Fellowship Program;
(iv) $84,000,000 is authorized to be appropriated for the
Cybercorps Scholarship for Service Program; and
(v) $950,000,000 is authorized to be appropriated for
fellowships, traineeships, and scholarships described in
section 10393;
(C) $372,000,000 is authorized to be appropriated for major
research equipment and facilities construction, of which
$90,000,000 is authorized to be appropriated for the Mid-
Scale Research Infrastructure Program;
(D) $770,000,000 is authorized to be appropriated for
agency operations and award management;
(E) $5,810,000 is authorized to be appropriated for the
Office of the National Science Board; and
(F) $34,610,000 is authorized to be appropriated for the
Office of the Inspector General.
(e) Fiscal Year 2027.--
(1) In general.--There are authorized to be appropriated to
the Foundation $18,919,180,000 for fiscal year 2027.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $14,700,000,000 is authorized to be appropriated to
carry out research and related activities, of which--
(i) $80,000,000 is authorized to be appropriated for the
Mid-Scale Research Infrastructure Program; and
(ii) $4,100,000,000 is authorized to be appropriated for
the Directorate for Technology, Innovation, and Partnerships;
(B) $3,000,000,000 is authorized to be appropriated for
STEM education, of which--
(i) $100,500,000 is authorized to be appropriated for the
Robert Noyce Teacher Scholarship Program;
(ii) $81,140,000 is authorized to be appropriated for the
NSF Research Traineeship Program;
(iii) $567,680,000 is authorized to be appropriated for the
Graduate Research Fellowship Program;
(iv) $90,000,000 is authorized to be appropriated for the
Cybercorps Scholarship for Service Program; and
(v) $1,000,000,000 is authorized to be appropriated for
fellowships, traineeships, and scholarships described in
section 10393;
(C) $375,000,000 is authorized to be appropriated for major
research equipment and facilities construction, of which
$100,000,000 is authorized to be appropriated for the Mid-
Scale Research Infrastructure Program;
(D) $800,000,000 is authorized to be appropriated for
agency operations and award management;
(E) $6,070,000 is authorized to be appropriated for the
Office of the National Science Board; and
(F) $38,110,000 is authorized to be appropriated for the
Office of the Inspector General.
Subtitle B--STEM Education
SEC. 10311. PREK-12 STEM EDUCATION.
(a) National Academies Study.--Not later than 120 days
after the date of enactment of this Act, the Director shall
enter into an agreement with the National Academies to
conduct a study to--
(1) review the research literature and identify research
gaps regarding the interconnected factors that foster and
hinder successful implementation of promising, evidence-based
PreK-12 STEM education innovations at the local, regional,
and national level;
(2) present a compendium of promising, evidence-based PreK-
12 STEM education practices, models, programs, and
technologies;
(3) identify barriers to widespread and sustained
implementation of such innovations; and
(4) make recommendations to the Foundation, the Department
of Education, the National Science and Technology Council's
Committee on Science, Technology, Engineering, and
Mathematics Education, State and local educational agencies,
and other relevant stakeholders on measures to address such
barriers.
(b) Supporting PreK-12 Informal STEM Opportunities.--
Section 3 of the STEM Education Act of 2015 (42 U.S.C. 1862q)
is amended by adding at the end the following:
``(c) PreK-12 Informal STEM.--
``(1) In general.--The Director of the National Science
Foundation shall make awards, through existing programs where
appropriate to institutions of higher education and nonprofit
organizations (or consortia of such intuitions or
organizations) on a merit-reviewed, competitive basis for
research on effective approaches to engaging students in
PreK-12, including students from groups historically
underrepresented in STEM and rural students.
``(2) Purposes.--The purposes of this subsection are to--
``(A) provide effective, compelling, and engaging means for
teaching and reinforcing fundamental STEM concepts to PreK-12
students;
``(B) expand the STEM workforce pipeline by increasing the
number of youth in the United States exposed to STEM from an
early age and encourage them to pursue careers in STEM-
related fields; and
``(C) broaden participation of groups historically
underrepresented in STEM and rural students, in the STEM
workforce.
``(3) Use of funds.--
``(A) In general.--Awards made under this subsection shall
support research and development on innovative before-school,
after-school, out-of-school, or summer activities that are
designed to encourage interest, engagement, and skills
development in STEM, including for students from groups
historically underrepresented in STEM and rural students.
``(B) Permitted activities.--The research and development
activities described in subparagraph (A) may include--
``(i) the provision of programming described in such
subparagraph for the purpose of research described in such
subparagraph;
``(ii) the use of a variety of engagement methods,
including cooperative and hands-on learning;
``(iii) exposure of students to role models in the fields
of STEM and near-peer mentors;
``(iv) training of informal learning educators, youth-
serving professionals, and volunteers who lead informal STEM
programs in using evidence-based methods consistent with the
target student population being served;
``(v) education of students on the relevance and
significance of STEM careers, provision of academic advice
and assistance, and activities designed to help students make
real-world connections to STEM content;
``(vi) the preparation of students to attend events,
competitions, and academic programs that provide content
expertise and encourage career exposure in STEM, which may
include the purchase of parts and supplies needed to prepare
for participation in such competitions;
``(vii) activities designed to engage parents and families
of students in PreK-12 in STEM;
``(viii) innovative strategies to engage students, such as
using leadership skills and outcome measures to impart youth
with the confidence to pursue STEM coursework and academic
study;
``(ix) coordination with STEM-rich environments, including
other nonprofit, nongovernmental organizations, out-of-
classroom settings, institutions of higher education,
vocational facilities, corporations, museums, or science
centers; and
``(x) the acquisition of instructional materials or
technology-based tools to conduct applicable award activity.
``(4) Application.--An applicant seeking funding under this
subsection shall submit an application at such time, in such
manner, and containing such information as may be required by
the Director. Applications that include or partner with a
nonprofit, nongovernmental organization that has extensive
experience and expertise in increasing the participation of
students in PreK-12 in STEM are encouraged. At a minimum, the
application shall include the following:
``(A) A description of the target audience to be served by
the research activity or activities for which such funding is
sought.
``(B) A description of the process for recruitment and
selection of students to participate in such activities.
``(C) A description of how such activity or activities may
inform programming that engages students in PreK-12 in STEM.
``(D) A description of how such activity or activities may
inform programming that promotes student academic achievement
in STEM.
``(E) An evaluation plan that includes, at a minimum, the
use of outcome-oriented measures to determine the impact and
efficacy of programming being researched.
``(5) Evaluations.--Each recipient of an award under this
subsection shall provide, at the conclusion of every year
during which the award funds are received, a report in a form
prescribed by the Director.
``(6) Encourage applications.--In making awards under this
subsection, the Director shall encourage applications which,
for the purpose of the activity or activities funded through
the award, are from or include eligible nonprofit programs
serving students that attend elementary schools or secondary
schools (including high schools) that--
``(A) are implementing comprehensive support and
improvement activities or targeted support and improvement
activities under paragraph (1) or (2) of section 1111(d) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(d)); or
``(B) serve high percentages of students who are eligible
for a free or reduced-price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
(which, in the case of a high school, may be calculated using
[[Page H7312]]
comparable data from the schools that feed into the high
school).
``(7) Accountability and dissemination.--
``(A) Evaluation required.--The Director shall evaluate the
activities established under this subsection. Such evaluation
shall--
``(i) use a common set of benchmarks and tools to assess
the results of research conducted under such awards; and
``(ii) to the extent practicable, integrate the findings of
the research resulting from the activity or activities funded
through the award with the current research on serving
students with respect to the pursuit of degrees or careers in
STEM, including underrepresented and rural students, in PreK-
12.
``(B) Report on evaluations.--Not later than 180 days after
the completion of the evaluation under subparagraph (A), the
Director shall submit to Congress and make widely available
to the public a report that includes--
``(i) the results of the evaluation; and
``(ii) any recommendations for administrative and
legislative action that could optimize the effectiveness of
the program under this subsection.
``(8) Coordination.--In carrying out this subsection, the
Director shall, for purposes of enhancing program
effectiveness and avoiding duplication of activities,
consult, and coordinate with other relevant Federal
agencies.''.
(c) [Log 907 S2522] National STEM Teacher Corps Pilot.--
(1) Purpose.--It is the purpose of this subsection to
elevate the profession of STEM teaching by establishing a
National STEM Teacher Corps pilot program to recognize
outstanding STEM teachers in our Nation's classrooms, rewards
them for their accomplishments, elevates their public
profile, and creates rewarding career paths to which all STEM
teachers can aspire, both to prepare future STEM researchers
and to create a scientifically literate public.
(2) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means the
Administrator of the National STEM Teacher Corps.
(B) Eligible entity.--The term ``eligible entity'' means--
(i) an institution of higher education; or
(ii) a consortium consisting of an institution of higher
education and one or more of the following:
(I) A State educational agency (as defined in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)).
(II) A local educational agency (as defined in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)).
(III) An education nonprofit Association.
(IV) A cross sector STEM organization.
(V) A private entity, including a STEM-related business.
(C) High-need school.--The term ``high-need school'' has
the meaning given the term in section 2211(b) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6631(b)).
(D) Professional development.--The term ``professional
Development'' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(E) Corps alliance.--The term ``Corps Alliance'' means a
regionally or topically based award under this subsection.
(F) National stem teacher corps advisory board.--The term
``National STEM Teacher Corps Advisory Board'' means the
Advisory Board for the National STEM Teacher Corps
established under paragraph (5).
(3) Establishment of national stem teacher corps.--The
Director may, subject to the availability of appropriations,
establish within the Foundation, a National STEM Teacher
Corps 10-year pilot program to be administered by the
Administrator, who shall be appointed by the Director. As
appropriate, the Director may use existing NSF programs to
establish and execute this program.
(4) Duties of the administrator.--The Administrator shall--
(A) create a process and standards for selection of
eligible applicants to become members of the National STEM
Teacher Corps, including--
(i) uniform selection criteria that includes--
(I) deep knowledge of STEM content and pedagogy;
(II) a passion for STEM subjects and dedication to
teaching, evidence of leadership skills, and potential for
continued career growth as an educator; and
(III) demonstrated experience increasing STEM student
achievement and STEM participation rates for all students,
particularly those from rural and high-need schools; and
(ii) a uniform selection process, including a comprehensive
application that includes recommendations and other relevant
professional information;
(B) promote the National STEM Teacher Corps and elevate
best practices that emerge from the National STEM Teacher
Corps to a national audience;
(C) evaluate the operation and effectiveness of the Corps
alliances; and
(D) evaluate the overall and long-term impact of the
National STEM Teacher Corps by--
(i) documenting, monitoring, and assessing the program
outcomes or impact on the STEM careers of participants; and
(ii) documenting, monitoring, and assessing the program
outcomes for the STEM education profession nationwide,
particularly for rural and high-need schools.
(5) National stem teacher corps advisory board.--
(A) Establishment.--There is established a National STEM
Teacher Corps Advisory Board to advise the Director on
matters pertaining to the National STEM Teacher Corps for the
length of the pilot program.
(B) Composition.--
(i) In general.--The membership of the National STEM
Teacher Corps Advisory Board shall--
(I) be appointed by the Director;
(II) include a representative from each of the following:
School leaders, STEM researchers, STEM education researchers,
Business leaders, PreK-12 STEM educators, and Students
pursuing a postsecondary STEM degree; and
(III) be geographically diverse.
(ii) Existing committee.--The Director may assign the
duties of the National STEM Teacher Corps Advisory Board to
another advisory committee of the Foundation.
(6) Duties of the corps alliances.--Subject to the
availability of appropriated funds, the Administrator may
make awards on a competitive, merit-review basis, to
establish Corps alliances at eligible entities. Activities
carried out by such alliances shall include--
(A) engaging local partners, which may include local
educational agencies, institutions of higher education, STEM
organizations, or education nonprofit organizations, to--
(i) develop and serve the community of National STEM
Teacher Corps members within the region or topic area, in
coordination with local partners to carry out day-to-day
activities;
(ii) coordinate professional development activities,
including activities led by National STEM Teacher Corps
members;
(iii) connect National STEM Teacher Corps members with
existing educator professional development programs and
coordinate members' involvement as cooperating teachers or
mentors;
(iv) seek opportunities to involve teachers who are not
members of the National STEM Teacher Corps to participate in
National STEM Teacher Corps activities; and
(v) build partnerships with existing education
organizations and other efforts by State educational agencies
and local educational agencies that operate programs relevant
to the National STEM Teacher Corps and its activities;
(B) recruiting eligible applicants, with a focus on
recruiting diverse STEM educators to advance equity based on
race, ethnicity, sex, socioeconomic status, age, disability
status, geography, and language ability;
(C) screening, interviewing, and selecting members of the
National STEM Teacher Corps using procedures and standards
provided by the Administrator;
(D) coordinating the online network that supports all
National STEM Teacher Corps members in the region or topic
area;
(E) convening occasional meetings of National STEM Teacher
Corps members in a region or topic area;
(F) creating opportunities for the professional growth of
National STEM Teacher Corps members, with a focus on
increasing STEM student achievement and STEM participation
rates for all students, particularly those from rural and
high-need schools; and
(G) supporting the retention and success of National STEM
Teacher Corps members in the region or topic area.
(7) Duties of members of the national stem teacher corps.--
An applicant that is selected by a Corps alliance to be a
member of the National STEM Teacher Corps shall--
(A) serve a 4-year term with a possibility of
reappointment;
(B) receive an annual stipend in an amount not less than
$10,000; and
(C) have substantial responsibilities, including--
(i) working with other members of the National STEM Teacher
Corps to develop and improve innovative teaching practices,
including practices such as inquiry-based learning;
(ii) participating in professional development in
innovative teaching methodology and mentorship; and
(iii) continuing to excel in teaching the member's own
students, with a focus on advancing equity by spending
additional time teaching and coaching underserved students to
increase STEM student achievement and STEM participation
rates for students from rural and high-need schools.
(8) Evaluation.--The Director, acting through the
Administrator, shall submit a report to Congress after the
third year of the pilot program that includes--
(A) an assessment, drawing on the evaluations the
Administrator shall conduct under subparagraphs (C) and (D)
of paragraph (4), and other sources of information, of the
effectiveness of the pilot program in recruiting and
retaining high-quality STEM teachers in the selected regions
or topic areas, particularly in high-need and rural schools;
and
(B) if deemed effective, a proposal to Congress for
permanent implementation of the pilot program.
(9) Sunset.--The authority to carry out this subsection
shall terminate on the date that is 15 years after the date
of enactment of this Act.
(10) Authorization of appropriations.--There are authorized
to be appropriated $60,000,000 for each of fiscal years 2023
through 2032 to carry out this subsection.
SEC. 10312. UNDERGRADUATE STEM EDUCATION.
(a) Research on Stem Education and Workforce Needs.--The
Director shall make awards, on a competitive basis, to four-
year institutions of higher education or nonprofit
organizations (or consortia of such institutions or
organizations) to support research and development activities
to--
(1) encourage greater collaboration and coordination
between institutions of higher education and industry to
enhance education, foster hands-on learn experiences, and
improve alignment with workforce needs;
(2) understand the current composition of the STEM
workforce and the factors that influence growth, retention,
and development of that workforce;
(3) increase the size, diversity, capability, and
flexibility of the STEM workforce; and
[[Page H7313]]
(4) increase dissemination and widespread adoption of
effective practices in undergraduate education and workforce
development.
(b) Advanced Technological Education Program Update.--
Section 3(b) of the Scientific and Advanced-Technology Act of
1992 (42 U.S.C. 1862i(b)) is amended to read as follows:
``(b) Centers of Scientific and Technical Education.--
``(1) In general.--The Director shall make awards for the
establishment of centers of excellence, in advanced-
technology fields, among associate-degree-granting colleges.
Centers shall meet one or both of the following criteria:
``(A) Exceptional instructional programs in advanced-
technology fields.
``(B) Excellence in undergraduate STEM education.
``(2) Purposes.--The centers shall serve as national and
regional clearinghouses and models for the benefit of both
colleges and secondary schools, and shall provide seminars
and programs to disseminate model curricula and model
teaching methods and instructional materials to other
associate-degree-granting colleges.
``(3) Networks.--The centers may enter into partnerships
with other institutions of higher education, nonprofit
organizations, and stakeholder groups, or a consortium
thereof, to develop networks to--
``(A) coordinate research, training, and education
activities funded by awards under subsection (a);
``(B) share information and best practices; or
``(C) promote collaboration between academic institutions,
workforce development programs, labor organizations, and
industry to communicate and meet workforce education and
training needs.''.
(c) Innovations in STEM Education at Community Colleges.--
(1) In general.--The Director shall make awards on a merit-
reviewed, competitive basis to institutions of higher
education or nonprofit organizations (or consortia of such
institutions or organizations) to advance research on the
nature of learning and teaching at community colleges and to
improve outcomes for students who enter the workforce upon
completion of their STEM degree or credential or transfer to
4-year institutions, including by--
(A) examining how to scale up successful programs at
community colleges that are improving student outcomes in
foundational STEM courses;
(B) supporting research on effective STEM teaching
practices in community college settings;
(C) designing and developing new STEM curricula;
(D) providing STEM students with hands-on training and
research experiences, internships, and other experiential
learning opportunities;
(E) increasing access to high quality STEM education
through new technologies;
(F) re-skilling or up-skilling incumbent workers for new
STEM jobs;
(G) building STEM career and seamless transfer pathways;
and
(H) developing novel mechanisms to identify and recruit
talent into STEM programs, in particular talent from groups
historically underrepresented in STEM.
(2) Partnerships.--In carrying out activities under this
subsection, the Director shall encourage applications to
develop, enhance, or expand cooperative STEM education and
training partnerships between institutions of higher
education, industry, and labor organizations.
(d) Improving Access to STEM Education at Career and
Technical Education Institutions.--
(1) In general.--The Director shall make awards, on a
competitive basis, to institutions of higher education
(including postsecondary vocational institutions) to support
career and technical education in STEM and computer science
related fields.
(2) Priority.--In making awards under this subsection, the
Director shall give priority to institutions that demonstrate
effective strategies to recruit and provide career and
technical education to veterans and members of the Armed
Forces transitioning to the private sector workforce.
(3) Career and technical education defined.--In this
subsection, the term ``career and technical education'' has
the meaning given that term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(e) Course-based Undergraduate Research Experiences.--
(1) In general.--The Director shall carry out a 4-year
pilot program under which the Director shall make awards, on
a competitive basis, to institutions of higher education and
nonprofit organizations (or consortia of such institutions or
organizations) to establish a total of not fewer than five
Centers to develop and scale up successful models for
providing undergraduate students with hands-on, course-based
research experiences.
(2) Use of funds.--Awards made under this paragraph shall
be used to--
(A) develop, assess, and disseminate models for providing
undergraduate students with course-based research experiences
across STEM disciplines and education levels;
(B) identify and address opportunities and challenges in
facilitating implementation across a broad range of
institution types, including historically Black colleges and
universities, Tribal Colleges or Universities, minority
serving institutions and community colleges;
(C) identify and develop best practices to address barriers
for faculty, including institutional culture, resources, and
incentive structures;
(D) identify and address factors that may facilitate or
discourage participation by students from all backgrounds;
(E) provide faculty with curriculum, professional
development, training, networking opportunities, and other
support to enable the development, adaptation, or expansion
of a course-based research experience; and
(F) collect data and carry out research to evaluate the
impacts of course- based undergraduate research experiences
on the STEM workforce.
(3) Partnerships.--In making awards under this paragraph,
the Director shall consider the extent to which the proposed
Center will establish partnerships among multiple types of
academic institutions, including community colleges, emerging
research institutions, EPSCoR institutions, historically
Black colleges and universities, Tribal Colleges or
Universities, and minority-serving institutions, the private
sector, and other relevant stakeholders in supporting
programs and activities to facilitate faculty training and
the widespread and sustained implementation of promising,
evidence-based practices, models, programs, and curriculum.
(4) Report.--Not later than 180 days after the date on
which the pilot program is completed, the Director shall
submit to Congress a report that includes--
(A) an assessment, that includes feedback from the research
community, of the effectiveness of the pilot program in
increasing the number, diversity, and workforce readiness of
STEM graduates; and
(B) if determined to be effective, a plan for permanent
implementation of the pilot program.
(f) Advanced Technological Manufacturing Act.--
(1) Findings and purpose.--Section 2 of the Scientific and
Advanced-Technology Act of 1992 (42 U.S.C. 1862h) is
amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``science, mathematics,
and technology'' and inserting ``science, technology,
engineering, and mathematics or STEM'';
(ii) in paragraph (4), by inserting ``educated'' and before
``trained''; and
(iii) in paragraph (5), by striking ``scientific and
technical education and training'' and inserting ``STEM
education and training''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking ``mathematics and
science'' and inserting ``STEM fields''; and
(ii) in paragraph (4), by striking ``mathematics and
science instruction'' and inserting ``STEM instruction''.
(2) Modernizing references to stem.--Section 3 of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862i) is amended--
(A) in the section heading, by striking ``scientific and
technical education'' and inserting ``stem education'';
(B) in subsection (a)--
(i) in the subsection heading, by striking ``Scientific and
Technical Education'' and inserting ``STEM Education'';
(ii) in the matter preceding paragraph (1)--
(I) by inserting ``and education to prepare the skilled
technical workforce to meet workforce demands'' before ``,
and to improve'';
(II) by striking ``core education courses in science and
mathematics'' and inserting ``core education courses in STEM
fields'';
(III) by inserting ``veterans and individuals engaged in''
before ``work in the home''; and
(IV) by inserting ``and on building a pathway from
secondary schools to associate-degree-granting institutions,
to careers that require technical training'' before ``, and
shall be designed'';
(iii) in paragraph (1)--
(I) by inserting ``and study'' after ``development''; and
(II) by striking ``core science and mathematics courses''
and inserting ``core STEM courses'';
(iv) in paragraph (2), by striking ``science, mathematics,
and advanced-technology fields'' and inserting ``STEM and
advanced- technology fields'';
(v) in paragraph (3)(A), by inserting ``to support the
advanced- technology industries that drive the
competitiveness of the United States in the global economy''
before the semicolon at the end;
(vi) in paragraph (4), by striking ``scientific and
advanced- technology fields'' and inserting ``STEM and
advanced-technology fields''; and
(vii) in paragraph (5), by striking ``advanced scientific
and technical education'' and inserting ``advanced STEM and
advanced- technology'';
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) in the matter preceding clause (i), by striking ``to
encourage'' and all that follows through ``such means as--''
and inserting ``to encourage the development of career and
educational pathways with multiple entry and exit points
leading to credentials and degrees, and to assist students
pursuing pathways in STEM fields to transition from
associate-degree-granting colleges to bachelor- degree-
granting institutions, through such means as--'';
(bb) in clause (i), by striking ``to ensure'' and inserting
``to develop articulation agreements that ensure''; and
(cc) in clause (ii), by striking ``courses at the bachelor-
degree-granting institution'' and inserting ``the career and
educational pathways supported by the articulation
agreements'';
(II) in subparagraph (B)--
(aa) in clause (i), by inserting ``veterans and individuals
engaged in'' before ``work in the home'';
(bb) in clause (iii)--
(AA) by striking ``bachelor's-degree- granting
institutions'' and inserting ``institutions or work sites'';
and
(BB) by inserting ``or industry internships'' after
``summer programs''; and
(cc) by striking the flush text following clause (iv); and
(III) by striking subparagraph (C);
(ii) in paragraph (2)--
[[Page H7314]]
(I) by striking ``mathematics and science programs'' and
inserting ``STEM programs'';
(II) by inserting ``and, as appropriate, elementary
schools,'' after ``with secondary schools'';
(III) by striking ``mathematics and science education'' and
inserting ``STEM education'';
(IV) by striking ``secondary school students'' and
inserting ``students at these schools'';
(V) by striking ``science and advanced-technology fields''
and inserting ``STEM and advanced-technology fields''; and
(VI) by striking ``agreements with local educational
agencies'' and inserting ``articulation agreements or dual
credit courses with local secondary schools, or other means
as the Director determines appropriate,''; and
(iii) in paragraph (3)--
(I) by striking subparagraph (B);
(II) by striking ``shall--''and all that follows through
``establish a'' and inserting ``shall establish a'';
(III) by striking ``the fields of science, technology,
engineering, and mathematics'' and inserting ``STEM fields'';
and
(IV) by striking ``; and'' and inserting ``, including jobs
at Federal and academic laboratories.'';
(D) in subsection (d)(2)--
(i) in subparagraph (D), by striking ``and'' after the
semicolon;
(ii) in subparagraph (E), by striking the period at the end
and inserting a ``; and''; and
(iii) by adding at the end the following:
``(F) as appropriate, applications that apply the best
practices for STEM education and technical skills education
through distance learning or in a simulated work environment,
as determined by research described in subsection (f); and'';
(E) in subsection (g), by striking the second sentence;
(F) in subsection (h)(1)--
(i) in subparagraph (A), by striking ``2022'' and inserting
``2026'';
(ii) in subparagraph (B), by striking ``2022'' and
inserting ``2026''; and
(iii) in subparagraph (C)--
(I) by striking ``up to $2,500,000'' and inserting ``not
less than $3,000,000''; and
(II) by striking ``2022'' and inserting ``2026'';
(G) in subsection (i)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(H) in subsection (j)--
(i) by striking paragraph (1) and inserting the following:
``(1) the term advanced-technology includes technological
fields such as advanced manufacturing, agricultural-,
biological- and chemical-technologies, energy and
environmental technologies, engineering technologies,
information technologies, micro and nano-technologies,
cybersecurity technologies, geospatial technologies, and new,
emerging technology areas;'';
(ii) in paragraph (4), by striking ``separate bachelor-
degree- granting institutions'' and inserting ``other
entities'';
(iii) by striking paragraph (7);
(iv) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively;
(v) in paragraph (7), as redesignated by clause (iv), by
striking ``and'' after the semicolon;
(vi) in paragraph (8), as redesignated by clause (iv)--
(I) by striking ``mathematics, science, engineering, or
technology'' and inserting ``science, technology,
engineering, or mathematics''; and
(II) by striking the period at the end and inserting ``;
and''; and
(vii) by adding at the end the following:
``(9) the term skilled technical workforce has the meaning
given such term in section 4(b) of the Innovations in
Mentoring, Training, and Apprenticeships Act (42 U.S.C.
1862p).''.
(3) Authorization of appropriations.--Section 5 of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862j) is amended to read as follows:
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Director
for carrying out sections 2 through 4 $150,000,000 for each
of fiscal years 2023 through 2027.''.
SEC. 10313. GRADUATE STEM EDUCATION.
(a) Mentoring and Professional Development.--
(1) Mentoring plans.--
(A) Update.--Section 7008(a) of the America Creating
Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act (42 U.S.C. 1862o(a))
is amended by--
(i) inserting ``and graduate student'' after
``postdoctoral''; and
(ii) inserting ``The requirement may be satisfied by
providing such individuals with access to mentors, including
individuals not listed on the award.'' after ``review
criterion.''.
(B) Evaluation.--Not later than 120 days after the date of
enactment of this Act, the Director shall enter into an
agreement with a qualified independent organization to
evaluate the effectiveness of the postdoctoral mentoring plan
requirement for improving mentoring for Foundation-supported
postdoctoral researchers.
(2) Career exploration.--
(A) In general.--The Director shall make awards, on a
competitive basis, to institutions of higher education and
nonprofit organizations (or consortia of such institutions or
organizations) to develop innovative approaches for
facilitating career exploration of academic and nonacademic
career options and for providing opportunity-broadening
experiences, including work-integrated opportunities, for
graduate students and postdoctoral scholars that can then be
considered, adopted, or adapted by other institutions and to
carry out research on the impact and outcomes of such
activities.
(B) Review of proposals.--In selecting award recipients
under this subparagraph, the Director shall consider, at a
minimum--
(i) the extent to which the administrators of the
institution are committed to making the proposed activity a
priority; and
(ii) the likelihood that the institution or organization
will sustain or expand the proposed activity effort beyond
the period of the award.
(3) Development plans.--The Director shall require that
annual project reports for awards that support graduate
students and postdoctoral scholars include certification by
the principal investigator that each graduate student and
postdoctoral scholar receiving substantial support from such
award, as determined by has developed and annually updated an
individual development plan to map educational goals, career
exploration, and professional development.
(4) Professional development supplement.--The Director
shall carry out a five-year pilot initiative to award up to
2,500 administrative supplements of up to $2,000 to existing
research awards annually, on a competitive basis, to support
professional development experiences for graduate students
and postdoctoral researchers who receive a substantial
portion of their support under such award, as determined by
the Director. Not more than 10 percent of supplements awarded
under this subparagraph may be used to support professional
development experiences for postdoctoral researchers.
(5) Graduate education research.--The Director shall make
awards, on a competitive basis, to institutions of higher
education or nonprofit organizations (or consortia of such
institutions or organizations) to support research on the
graduate education system and outcomes of various
interventions and policies, including--
(A) the effects of traineeships, fellowships, internships,
and teaching and research assistantships on outcomes for
graduate students;
(B) the effects of graduate education and mentoring
policies and procedures on degree completion, including
differences by--
(i) sex, race and ethnicity, and citizenship; and
(ii) student debt load;
(C) the development and assessment of new or adapted
interventions, including approaches that improve mentoring
relationships, develop conflict management skills, and
promote healthy research teams; and
(D) research, data collection, and assessment of the state
of graduate student mental health and wellbeing, factors
contributing to and consequences of poor graduate student
mental health, and the development, adaptation, and
assessment of evidence-based strategies and policies to
support emotional wellbeing and mental health.
(b) Graduate Research Fellowship Program Update.--
(1) Sense of congress.--It is the sense of Congress that
the Foundation should increase the number of new graduate
research fellows supported annually over the next 5 years to
no fewer than 3,000 fellows.
(2) Program update.--Section 10 of the National Science
Foundation Act of 1950 (42 U.S.C. 1869) is amended--
(A) in subsection (a), by inserting ``and as will address
national workforce demand in critical STEM fields'' after
``throughout the United States'';
(B) in subsection (b), by striking ``of $12,000'' and
inserting ``of at least $16,000''; and
(C) by adding at the end the following:
``(c) Outreach.--The Director shall ensure program outreach
to recruit fellowship applicants from fields of study that
are in areas of critical national need from all regions of
the country, and from historically underrepresented
populations in STEM.''.
(3) Cybersecurity scholarships and graduate fellowships.--
The Director shall ensure that students pursuing master's
degrees and doctoral degrees in fields relating to
cybersecurity are eligible to apply for scholarships and
graduate fellowships under the Graduate Research Fellowship
Program under section 10 of the National Science Foundation
Act of 1950 (42 U.S.C. 1869).
(c) Study on Graduate Student Funding.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Director shall enter into an
agreement with a qualified independent organization to
evaluate--
(A) the role of the Foundation in supporting graduate
student education and training through fellowships,
traineeships, and other funding models; and
(B) the impact of different funding mechanisms on graduate
student experiences and outcomes, including whether such
mechanisms have differential impacts on subsets of the
student population.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Director shall publish the results
of the evaluation carried out under paragraph (1), including
a recommendation for the appropriate balance between
fellowships, traineeships, and other funding models.
(d) [LOG 165 H10304(g)/S2208] AI Scholarship-for-Service.--
(1) Definition of executive agency.--In this subsection,
the term ``executive agency'' has the meaning given the term
``Executive agency'' in section 105 of title 5, United States
Code.
(2) AI scholarship-for-service initiative report.--Not
later than 1 year after the date of enactment of this Act,
the Director, in coordination with the Office of Personnel
Management, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Science, Space, and Technology of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives a report
on the need and feasibility, and if appropriate, plans to
implement a program to recruit and train the next generation
of artificial intelligence professionals to meet the needs of
Federal, State, local, and Tribal governments. The report
shall include--
[[Page H7315]]
(A) recent statistical data on the size, composition, and
educational requirements of the Federal AI workforce,
including an assessment of current and future demand for
additional AI professionals across the Federal Government;
(B) an assessment of the capacity of institutions of higher
education to produce graduates with degrees, certifications,
and relevant skills related to artificial intelligence that
meet the current and future needs of the Federal workforce;
and
(C) an evaluation of the need for and feasibility of
establishing a scholarship-for-service program to recruit and
train the next generation of artificial intelligence
professionals to meet the needs of Federal, State, local, and
Tribal governments, including opportunities for leveraging
existing processes and resources for administering the
Federal Cyber Scholarship-for-Service Program established
under section 302 of the Cybersecurity Enhancement Act of
2014 (15 U.S.C. 7442) in standing up such a program.
(3) Program establishment.--Upon submitting the report
required in paragraph (2), the Director, in coordination with
the Director of the Office of Personnel Management, the
Director of the National Institute of Standards and
Technology, and the heads of other agencies with appropriate
scientific knowledge, is authorized to establish a Federal
artificial intelligence scholarship-for-service program
(referred to in this section as the Federal AI Scholarship-
for-Service Program) to recruit and train artificial
intelligence professionals to lead and support the
application of artificial intelligence to the missions of
Federal, State, local, and Tribal governments.
(4) Qualified institution of higher education.--The
Director, in coordination with the heads of other agencies
with appropriate scientific knowledge, shall establish
criteria to designate qualified institutions of higher
education that shall be eligible to participate in the
Federal AI Scholarship-for-Service program. Such criteria
shall include--
(A) measures of the institution's demonstrated excellence
in the education of students in the field of artificial
intelligence; and
(B) measures of the institution's ability to attract and
retain a diverse and nontraditional student population in the
fields of science, technology, engineering, and mathematics,
which may include the ability to attract women, minorities,
and individuals with disabilities.
(5) Program description and components.--The Federal AI
Scholarship-for-Service Program shall--
(A) provide scholarships through qualified institutions of
higher education to students who are enrolled in programs of
study at institutions of higher education leading to degrees
or concentrations in or related to the artificial
intelligence field;
(B) provide the scholarship recipients with summer
internship opportunities or other meaningful temporary
appointments in the Federal workforce focusing on AI projects
or research;
(C) prioritize the employment placement of scholarship
recipients in executive agencies;
(D) identify opportunities to promote multi-disciplinary
programs of study that integrate basic or advanced AI
training with other fields of study, including those that
address the social, economic, legal, and ethical implications
of human interaction with AI systems;
(E) support capacity-building education research programs
that will enable postsecondary educational institutions to
expand their ability to train the next-generation AI
workforce, including AI researchers and practitioners;
(F) create courses or training programs in technology
ethics for students receiving scholarships; and
(G) award fellowships to masters and doctoral students who
are pursuing degrees or research in artificial intelligence
and related fields, including in the field of technology
ethics.
(6) Scholarship amounts.--Each scholarship under paragraph
(5) shall be in an amount that covers the student's tuition
and fees at the institution for not more than 3 years and
provides the student with an additional stipend.
(7) Post-award employment obligations.--Each scholarship
recipient, as a condition of receiving a scholarship under
the program, shall enter into an agreement under which the
recipient agrees to work for a period equal to the length of
the scholarship, following receipt of the student's degree,
in the AI mission of--
(A) an executive agency;
(B) Congress, including any agency, entity, office, or
commission established in the legislative branch;
(C) an interstate agency;
(D) a State, local, or Tribal government, which may include
instruction in AI-related skill sets in a public school
system; or
(E) a State, local, or Tribal government-affiliated
nonprofit entity that is considered to be critical
infrastructure (as defined in section 1016(e) of the USA
Patriot Act (42 U.S.C. 5195c(e))).
(8) Hiring authority.--
(A) Appointment in excepted service.--Notwithstanding any
provision of chapter 33 of title 5, United States Code,
governing appointments in the competitive service, an
executive agency may appoint an individual who has completed
the eligible degree program for which a scholarship was
awarded to a position in the excepted service in the
executive agency.
(B) Noncompetitive conversion.--Except as provided in
subparagraph (D), upon fulfillment of the service term, an
employee appointed under subparagraph (A) may be converted
noncompetitively to term, career-conditional, or career
appointment.
(C) Timing of conversion.--An executive agency may
noncompetitively convert a term employee appointed under
subparagraph (B) to a career-conditional or career
appointment before the term appointment expires.
(D) Authority to decline conversion.--An executive agency
may decline to make the noncompetitive conversion or
appointment under subparagraph (B) for cause.
(9) Eligibility.--To be eligible to receive a scholarship
under this section, an individual shall--
(A) be a citizen or lawful permanent resident of the United
States;
(B) demonstrate a commitment to a career in advancing the
field of AI;
(C) be--
(i) a full-time student in an eligible degree program at a
qualified institution of higher education, as determined by
the Director;
(ii) a student pursuing a degree on a less than full-time
basis, but not less than half-time basis; or
(iii) an AI faculty member on sabbatical to advance
knowledge in the field; and
(D) accept the terms of a scholarship under this section.
(10) Conditions of support.--
(A) In general.--As a condition of receiving a scholarship
under this section, a recipient shall agree to provide the
qualified institution of higher education with annual
verifiable documentation of post-award employment and up-to-
date contact information.
(B) Terms.--A scholarship recipient under this section
shall be liable to the United States as provided in paragraph
(12) if the individual--
(i) fails to maintain an acceptable level of academic
standing at the applicable institution of higher education,
as determined by the Director;
(ii) is dismissed from the applicable institution of higher
education for disciplinary reasons;
(iii) withdraws from the eligible degree program before
completing the program;
(iv) declares that the individual does not intend to
fulfill the post- award employment obligation under this
section; or
(v) fails to fulfill the post-award employment obligation
of the individual under this section.
(11) Monitoring compliance.--As a condition of
participating in the program, a qualified institution of
higher education shall--
(A) enter into an agreement with the Director to monitor
the compliance of scholarship recipients with respect to
their post-award employment obligations; and
(B) provide to the Director, on an annual basis, the post-
award employment documentation required under paragraph (10)
for scholarship recipients through the completion of their
post-award employment obligations.
(12) Amount of repayment.--
(A) Less than 1 year of service.--If a circumstance
described in paragraph (10) occurs before the completion of 1
year of a post-award employment obligation under this
section, the total amount of scholarship awards received by
the individual under this section shall--
(i) be repaid; or
(ii) be treated as a loan to be repaid in accordance with
paragraph (13).
(B) 1 or more years of service.--If a circumstance
described in clause (iv) or (v) of paragraph (10)(B) occurs
after the completion of 1 or more years of a post-award
employment obligation under this section, the total amount of
scholarship awards received by the individual under this
section, reduced by the ratio of the number of years of
service completed divided by the number of years of service
required, shall--
(i) be repaid; or
(ii) be treated as a loan to be repaid in accordance with
paragraph (13).
(13) Repayments.--A loan described in paragraph (12)
shall--
(A) be treated as a Federal Direct Unsubsidized Stafford
Loan under part D of title IV of the Higher Education Act of
1965 (20 U.S.C. 1087a et seq.); and
(B) be subject to repayment, together with interest thereon
accruing from the date of the scholarship award, in
accordance with terms and conditions specified by the
Director (in consultation with the Secretary of Education).
(14) Collection of repayment.--
(A) In general.--In the event that a scholarship recipient
is required to repay the scholarship award under this
section, the qualified institution of higher education
providing the scholarship shall--
(i) determine the repayment amounts and notify the
recipient and the Director of the amounts owed; and
(ii) collect the repayment amounts within a period of time
as determined by the Director, or the repayment amounts shall
be treated as a loan in accordance with paragraph (13).
(B) Returned to treasury.--Except as provided in
subparagraph (C), any repayment under this subsection shall
be returned to the Treasury of the United States.
(C) Retain percentage.--A qualified institution of higher
education may retain a percentage of any repayment the
institution collects under this subsection to defray
administrative costs associated with the collection. The
Director shall establish a fixed percentage that will apply
to all eligible entities, and may update this percentage as
needed, in the determination of the Director.
(15) Exceptions.--The Director may provide for the partial
or total waiver or suspension of any service or payment
obligation by an individual under this section whenever
compliance by the individual with the obligation is
impossible or would involve extreme hardship to the
individual, or if enforcement of such obligation with respect
to the individual would be unconscionable.
(16) Public information.--
(A) Evaluation.--The Director, in coordination with the
Director of the Office of Personnel Management, shall
annually evaluate and make public, in a manner that protects
the personally identifiable information of scholarship
recipients, information on the success of recruiting
individuals for scholarships under this section
[[Page H7316]]
and on hiring and retaining those individuals in the public
sector AI workforce, including information on--
(i) placement rates;
(ii) where students are placed, including job titles and
descriptions;
(iii) salary ranges for students not released from
obligations under this section;
(iv) how long after graduation students are placed;
(v) how long students stay in the positions they enter upon
graduation;
(vi) how many students are released from obligations; and
(vii) what, if any, remedial training is required.
(B) Reports.--The Director, in coordination with the Office
of Personnel Management, shall submit, not less frequently
than once every 3 years, to the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Science, Space, and Technology of
the House of Representatives, and the Committee on Oversight
and Reform of the House of Representatives a report,
including the results of the evaluation under subparagraph
(A) and any recent statistics regarding the size,
composition, and educational requirements of the Federal AI
workforce.
(C) Resources.--The Director, in coordination with the
Director of the Office of Personnel Management, shall provide
consolidated and user-friendly online resources for
prospective scholarship recipients, including, to the extent
practicable--
(i) searchable, up-to-date, and accurate information about
participating institutions of higher education and job
opportunities related to the AI field; and
(ii) a modernized description of AI careers.
(17) Refresh.--Not less than once every 2 years, the
Director, in coordination with the Director of the Office of
Personnel Management, shall review and update the Federal AI
Scholarship-for-Service Program to reflect advances in
technology.
SEC. 10314. STEM WORKFORCE DATA.
(a) Skilled Technical Workforce Portfolio Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall conduct a full
portfolio analysis of the Foundation's skilled technical
workforce investments across all Directorates in the areas of
education, research, infrastructure, data collection, and
analysis.
(2) Report.--Not later than 180 days after the date of the
review under paragraph (1) is complete, the Director shall
submit to Congress and make widely available to the public a
summary report of the portfolio review.
(b) Survey Data.--
(1) Rotating topic modules.--To meet evolving needs for
data on the state of the science and engineering workforce,
the Director shall assess, through coordination with other
Federal statistical agencies and drawing on input from
relevant stakeholders, the feasibility and benefits of
incorporating questions or topic modules to existing National
Center for Science and Engineering Statistics surveys that
would vary from cycle to cycle.
(2) New data.--Not later than 1 year after the date of
enactment of this Act, the Director shall submit to Congress
and the Board the results of an assessment, carried out in
coordination with other Federal agencies and with input from
relevant stakeholders, of the feasibility and benefits of
incorporating new questions or topic modules to existing
National Center for Science and Engineering Statistics
surveys on--
(A) the skilled technical workforce;
(B) working conditions and work-life balance;
(C) harassment and discrimination;
(D) immigration and emigration; and
(E) any other topics at the discretion of the Director.
(3) Longitudinal design.--The Director shall continue and
accelerate efforts to enhance the usefulness of National
Center for Science and Engineering Statistics survey data for
longitudinal research and analysis.
(4) Government accountability office review.--Not later
than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit a
report to Congress that--
(A) evaluates Foundation processes for ensuring the data
and analysis produced by the National Center for Science and
Engineering Statistics meets current and future needs; and
(B) includes such recommendations as the Comptroller
General determines are appropriate to improve such processes.
SEC. 10315. CYBER WORKFORCE DEVELOPMENT RESEARCH AND
DEVELOPMENT.
(a) In General.--The Director shall make awards on a merit-
reviewed, competitive basis to institutions of higher
education or nonprofit organizations (or consortia of such
institutions or organizations) to carry out research on the
cyber workforce.
(b) Research.--In carrying out research pursuant to
subsection (a), the Director shall support research and
development activities to--
(1) understand the current state of the cyber workforce,
including factors that influence growth, retention, and
development of that workforce;
(2) examine paths to entry and re-entry into the cyber
workforce;
(3) understand trends of the cyber workforce, including
demographic representation, educational and professional
backgrounds present, competencies available, and factors that
shape employee recruitment, development, and retention and
how to increase the size, diversity, and capability of the
cyber workforce;
(4) examine and evaluate training practices, models,
programs, and technologies; and
(5) other closely related topics as the Director determines
appropriate.
(c) Requirements.--In carrying out the activities described
in subsection (b), the Director shall--
(1) collaborate with the National Institute of Standards
and Technology, including the National Initiative for
Cybersecurity Education, the Department of Homeland Security,
the Department of Defense, the Office of Personnel
Management, and other Federal departments and agencies, as
appropriate;
(2) align with or build on the National Initiative on
Cybersecurity Education Cybersecurity Workforce Framework
wherever practicable and applicable;
(3) leverage the collective body of knowledge from existing
cyber workforce development research and education
activities; and
(4) engage with other Federal departments and agencies,
research communities, and potential users of information
produced under this subsection.
SEC. 10316. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) since cybersecurity risks are constant in the growing
digital world, it is critical that the United States stay
ahead of malicious cyber activity with a workforce that can
safeguard our innovation, research, and work environments;
and
(2) Federal investments in the Federal Cyber Scholarship-
for-Service Program at the National Science Foundation play a
critical role in preparing and sustaining a strong, talented,
and much-needed national cybersecurity workforce and should
be strengthened.
(b) In General.--Section 302(b)(1) of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7442(b)(1)) is amended by
striking the semicolon at the end and inserting the following
``and cybersecurity-related aspects of other related fields
as appropriate, including artificial intelligence, quantum
computing and aerospace;''.
SEC. 10317. CYBERSECURITY WORKFORCE DATA INITIATIVE.
The Director, acting through the National Center for
Science and Engineering Statistics established in section 505
of the America COMPETES Reauthorization Act of 2010 (42
U.S.C. 1862p) and in coordination with the Director of the
National Institute of Standards and Technology and other
appropriate Federal statistical agencies, shall establish a
cybersecurity workforce data initiative that--
(1) assesses the feasibility of providing nationally
representative estimates and statistical information on the
cybersecurity workforce;
(2) utilizes the National Initiative for Cybersecurity
Education (NICE) Cybersecurity Workforce Framework (NIST
Special Publication 800-181), or other frameworks, as
appropriate, to enable a consistent measurement of the
cybersecurity workforce;
(3) utilizes and complements existing data on employer
requirements and unfilled positions in the cybersecurity
workforce;
(4) consults key stakeholders and the broader community of
practice in cybersecurity workforce development to determine
data requirements needed to strengthen the cybersecurity
workforce;
(5) evaluates existing Federal survey data for information
pertinent to developing national estimates of the
cybersecurity workforce;
(6) evaluates administrative data and other supplementary
data sources, as available, to describe and measure the
cybersecurity workforce; and
(7) collects statistical data, to the greatest extent
practicable, on credential attainment and employment outcomes
information for the cybersecurity workforce.
SEC. 10318. MICROELECTRONICS WORKFORCE DEVELOPMENT
ACTIVITIES.
(a) Creating Helpful Initiatives to Produce Personnel in
Needed Growth Industries.--
(1) In general.--The Director shall make awards to
institutions of higher education, non-profit organizations,
or consortia thereof, for research, development, and related
activities to advance innovative approaches to developing,
improving, and expanding evidence-based education and
workforce development activities and learning experiences at
all levels of education in fields and disciplines related to
microelectronics.
(2) Purposes.--Activities carried out under this section
shall be for the purpose of supporting the growth, retention,
and development of a diverse and sustainable microelectronics
workforce to meet the requirements of the programs
established in section 9906(c)(2)(C) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 in support of the evolving needs of industry, academia,
government, and Federal laboratories.
(3) Uses of funds.--Awards made under this section shall be
used to support activities, such as--
(A) development of industry-oriented curricula and teaching
modules for topics relevant to microelectronics, including
those that provide meaningful hands-on learning experiences;
(B) dissemination of materials developed in subparagraph
(A), including through the creation and maintenance of a
publicly-accessible database and online portal;
(C) development and implementation of training, research,
and professional development programs for teachers, including
innovative pre-service and in-service programs, in
microelectronics and related fields;
(D) support for learning activities and experiences that
provide physical, simulated, or remote access to training
facilities and industry-standard processes and tools,
including equipment and software for the design, development,
manufacturing, and testing of microelectronics;
[[Page H7317]]
(E) increasing the integration of microelectronics content
into STEM curricula at all education levels;
(F) Growing academic research capacity in microelectronics
by incentivizing the hiring of faculty in fields critical to
microelectronics;
(G) support for innovative industry pathway programs that
connect high school, vocational, military, college, and
graduate programs; and
(H) providing informal hands-on microelectronics learning
opportunities for PreK-12 students in different learning
environments, including competitions.
(4) Advanced microelectronics traineeships.--
(A) In general.--The Director shall make awards to
institutions of higher education or nonprofit organizations
(or consortia of such institutions and organizations) to
establish traineeship programs for graduate students who
pursue microelectronics research leading to a masters or
doctorate degree by providing funding and other assistance,
and by providing graduate students with opportunities for
research experiences in government or industry related to the
students' microelectronics studies.
(B) Use of funds.--Institutions of higher education or non-
profit organizations (or consortia of such institutions and
organizations) shall use award funds provided under
subparagraph (A) for the purposes of--
(i) paying tuition and fees, and providing stipends, for
students receiving traineeships who are citizens, nationals,
or aliens lawfully admitted for permanent residence;
(ii) facilitating opportunities for scientific internship
programs for students receiving traineeships in
microelectronics at private industry, nonprofit research
institutions, or Federal laboratories; and
(iii) such other costs associated with the administration
of the program.
(5) Microelectronics skilled technical workforce
programs.--The Director shall make awards under the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862h-j) to support programs for skilled technical workers in
STEM disciplines that are aligned with skilled workforce
needs of the microelectronics industry and lead to an
associate's degree, or equivalent certification, by providing
funding and other assistance, including opportunities for
internships and other hands-on experiences in industry
related to the students' microelectronics studies.
(6) Microelectronics research experiences through existing
programs.--The Director shall seek to increase opportunities
for microelectronics research for students and trainees at
all levels by encouraging proposals in microelectronics
through existing programs including--
(A) research experiences for undergraduates pursuant to
section 514 of the America COMPETES Reauthorization Act of
2010 (42 U.S.C. 1862p-6);
(B) postdoctoral fellowship programs established pursuant
to section 522 of the America COMPETES Act of 2010 (42 U.S.C.
1862p-11);
(C) graduate fellowships established pursuant to section 10
of the National Science Foundation Act of 1950 (42 U.S.C.
1869);
(D) informal STEM education programs established pursuant
to section 3 of the STEM Education Act of 2015 (42 U.S.C.
1862q);
(E) the Robert Noyce Teacher Scholarship Program
established pursuant to section 10 of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1);
(F) major research instrumentation programs established
pursuant to section 7036 of the America COMPETES Act (42
U.S.C. 1862o-14); and
(G) low-income scholarship program established pursuant to
section 414(d) of the American Competitiveness and Workforce
Improvement Act of 1998 (42 U.S.C. 1869c).
(7) Industry partnerships.--In carrying out the activities
under this section, the Director shall encourage awardees to
partner with industry and other private sector organizations
to facilitate the expansion of workforce pipelines and enable
access to industry-standard equipment and software for use in
undergraduate and graduate microelectronics education
programs.
(8) Interagency coordination.--In carrying out activities
under this section, the Director shall collaborate with the
Subcommittee on Microelectronics Leadership of the National
Science and Technology Council, established in subsection (a)
of section 9906 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 and the
National Semiconductor Technology Center established in
subsection (c) of section 9906 of such Act, and other
relevant Federal agencies to maintain the effectiveness of
microelectronics workforce development activities across the
agencies.
(b) National Network for Microelectronics Education.--
(1) In general.--The Director, in coordination with the
Secretary of Commerce, shall on a competitive, merit-reviewed
basis, make awards to institutions of higher education and
non-profit organizations (or consortia of such institutions
and organizations) to establish partnerships to enhance and
broaden participation in microelectronics education.
(2) Activities.--Awards made under this subsection shall be
used for the following:
(A) To conduct training and education activities funded by
awards under paragraph (1) and in coordination with the
Network Coordination Hub established in paragraph (3),
including curricula design, development, dissemination, and
assessment, and the sharing of information and best practices
across the network of awardees.
(B) To develop regional partnerships among associate-
degree-granting colleges, bachelor-degree-granting
institutions, workforce development programs, labor
organizations, and industry to create a diverse national
technical workforce trained in microelectronics and ensure
education and training is meeting the evolving needs of
industry.
(C) To develop local workforce pipelines that align with
capacity investments made by industry and the Federal
government, including vocational and high school training
programs, community college degrees and certificates, veteran
post service opportunities, and mentoring.
(D) To facilitate partnerships with employers, employer
consortia or other private sector organizations that offer
apprenticeships, internships, or applied learning experiences
in the field of microelectronics.
(E) To develop shared infrastructure available to
institutions of higher education, two-year colleges, and
private organizations to enable experiential learning
activities and provide physical or digital access to training
facilities and industry-standard tools and processes.
(F) To create and disseminate public outreach to support
awareness of microelectronics education and career
opportunities, including through outreach to PreK-12 schools
and STEM-related organizations.
(G) To collaborate and coordinate with industry and
existing public and private organizations conducting
microelectronics education and workforce development
activities, as practicable.
(3) Network coordination hub.--The Director shall make an
award on a competitive, merit-reviewed basis to an
institution of higher education or nonprofit organization (or
a consortium thereof) to establish a national network of
partnerships (referred to in this section as the ``National
Network for Microelectronics Education'') to coordinate
activities, best practice sharing, and access to facilities
across the partnerships established in accordance with
paragraph (1).
(4) Incentivizing participation.--To the extent
practicable, the Director shall encourage participation in
the National Network for Microelectronics Education through
the coordination of activities and distribution of awards
described in subsection (a).
(5) Partnerships.--The Director shall encourage the
submission of proposals that are led by historically Black
colleges and universities, Tribal Colleges or Universities,
and minority-serving institutions or that include
partnerships with or among such institutions to increase the
recruitment of students from groups historically
underrepresented in STEM to pursue graduate studies in
microelectronics.
(6) Outreach.--In addition to any other requirements as
determined appropriate by the Director, the Director shall
require that proposals for awards under this section shall
include a description of how the applicant will develop and
implement outreach activities to increase the participation
of women and other students from groups historically
underrepresented in STEM.
(7) Coordination across foundation programs.--In carrying
out the activities under this section, the Director shall
ensure awardees coordinate with, and avoid unnecessary
duplication of, the activities carried out under this Section
with the activities of the 21st Century Nanotechnology
Research and Development Act (Public Law 108-153), the
National Quantum Initiative Act (Public Law 115-368), and
Division E of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021, and other
related programs, as appropriate.
(8) Interagency coordination.--In carrying out activities
under this section, the Director shall collaborate with the
Subcommittee on Microelectronics Leadership of the National
Science and Technology Council, established in subsection (a)
of section 9906 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 and the
National Semiconductor Technology Center established in
subsection (c) of section 9906 of such Act.
SEC. 10319. INCORPORATION OF ART AND DESIGN INTO CERTAIN STEM
EDUCATION.
(a) National Science Foundation Authorization Act.--Section
9(a) of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n(a)) is amended in paragraph (3)--
(1) in subparagraph (M), by striking ``and'' at the end;
(2) by redesignating subparagraph (N) as subparagraph (O);
and
(3) after subparagraph (M), by inserting the following new
subparagraph:
``(N) developing science, technology, engineering, and
mathematics educational curriculum that incorporates art and
design to promote creativity and innovation; and''.
(b) STEM Education Act [Log 169 H10304(k)].--Section 3 of
the STEM Education Act of 2015 (42 U.S.C. 1862q) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(4) the integration of art and design in STEM educational
programs.''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(5) design and testing of programming that integrates art
and design in STEM education to promote creativity and
innovation.''.
SEC. 10320. MANDATORY COST-SHARING.
(a) Waiver.--The cost-sharing requirements under section
7036(c) of the America Creating Opportunities to Meaningfully
Promote Excellence in Technology, Education, and Science Act
(42 U.S.C. 1862o-14(c)) for the Major Research
Instrumentation Program and under section 10A(i) of the
National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-1a(i)) for teaching fellowships administered
within the
[[Page H7318]]
Robert Noyce Teacher Scholarship Program are waived for a
period of 5 years following the date of enactment of this
Act.
(b) Assessment.--Not later than 5 years following the date
of enactment of this Act, the Director shall submit to
Congress an assessment, that includes feedback from the
research community, of the impacts of the waivers provided
under subsection (a), including--
(1) programmatic and scientific goals;
(2) institutional commitment and stewardship of Federal
resources;
(3) institutional strategic planning and administrative
burden;
(4) equity among recipient institutions; and
(5) recommendations for or against extending or making
permanent such waivers.
SEC. 10321. PROGRAMS TO ADDRESS THE STEM WORKFORCE.
(a) In General.--The Director shall issue undergraduate
scholarships, including at community colleges, graduate
fellowships and traineeships, postdoctoral awards, and, as
appropriate, other awards, to address STEM workforce gaps,
including for programs that recruit, retain, and advance
students to a bachelor's degree in a STEM discipline
concurrent with a secondary school diploma, such as through
existing and new partnerships with State educational
agencies.
(b) Postdoctoral Professional Development.--In carrying out
this section, the Director shall encourage innovation in
postdoctoral professional development, support the
development and diversity of the STEM workforce, and study
the impacts of such innovation and support. To do so, the
Director may use postdoctoral awards established under
subsection (a) or leveraged under subsection (d)(1) for
fellowships or other temporary rotational postings of not
more than 2 years. Such fellowships or temporary rotational
postings shall be awarded--
(1) to qualified individuals who have a doctoral degree and
received such degree not earlier than 5 years before the date
that the fellowship or temporary rotational posting begins;
and
(2) to carry out research at Federal, State, local, and
Tribal government research facilities.
(c) Direct Hire Authority.--
(1) In general.--The head of any Federal agency may
appoint, without regard to the provisions of subchapter I of
chapter 33 of title 5, United States Code, other than
sections 3303 and 3328 of that title, a qualified candidate
described in paragraph (2) directly to a position in the
competitive service with the Federal agency for which the
candidate meets Office of Personnel Management qualification
standards.
(2) Fellowship or temporary rotational posting.--Paragraph
(1) applies with respect to a former recipient of an award
under this subsection who--
(A) earned a doctoral degree in a STEM field from an
institution of higher education; and
(B) successfully fulfilled the requirements of the
fellowship or temporary rotational posting within a Federal
agency.
(3) Limitation.--The direct hire authority under this
subsection shall be exercised with respect to a specific
qualified candidate not later than 2 years after the date
that the candidate completed the requirements related to the
fellowship or temporary rotational posting described under
this subsection.
(d) Existing Programs.--In carrying out this section, the
Director may leverage existing programs, including programs
that issue--
(1) postdoctoral awards;
(2) graduate fellowships and traineeships, inclusive of the
NSF Research Traineeships and fellowships awarded under the
Graduate Research Fellowship Program;
(3) scholarships, research experiences, and internships,
including--
(A) scholarships to attend community colleges; and
(B) research experiences and internships under sections
513, 514, and 515 of the America COMPETES Reauthorization Act
of 2010 (42 U.S.C. 1862p-5; 1862p-6; 42 U.S.C. 1862p-7); and
(4) awards to institutions of higher education to enable
the institutions to fund innovation in undergraduate and
graduate education, increased educational capacity, and the
development and establishment of new or specialized programs
of study for graduate, undergraduate, or technical college
students, and the evaluation of the effectiveness of the
programs of study.
Subtitle C--Broadening Participation
SEC. 10321. PRESIDENTIAL AWARDS FOR EXCELLENCE IN MATHEMATICS
AND SCIENCE.
(a) In General.--Section 117(a) of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1881b(a)) is
amended--
(1) in subparagraph (B)--
(A) by striking ``108'' and inserting ``110'';
(B) by striking clause (iv);
(C) in clause (v), by striking the period at the end and
inserting ``; and'';
(D) by redesignating clauses (i), (ii), (iii), and (v) as
subclauses (I), (II), (III), and (IV), respectively, and
moving the margins of such subclauses (as so redesignated)
two ems to the right; and
(E) by striking ``In selecting teachers'' and all that
follows through ``two teachers--'' and inserting the
following:
``(C) In selecting teachers for an award authorized by this
subsection, the President shall select--
``(i) at least two teachers--''; and
(2) in subparagraph (C), as so designated by paragraph
(1)(E) of this subsection, by adding at the end the
following:
``(ii) at least one teacher--
``(I) from the Commonwealth of the Northern Mariana
Islands;
``(II) from American Samoa;
``(III) from the Virgin Islands of the United States; and
``(IV) from Guam.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to awards made on or after the date
of the enactment of this Act.
SEC. 10322. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM UPDATE.
(a) Sense of Congress.--It is the sense of Congress that
over the next five years the Foundation should increase the
number of scholarships awarded under the Robert Noyce Teacher
Scholarship program established under section 10 of the
National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-1) by 50 percent.
(b) Outreach.--To increase the diversity of participants,
the Director shall support symposia, forums, conferences, and
other activities to expand and enhance outreach to--
(1) historically Black colleges and universities;
(2) Tribal Colleges or Universities;
(3) minority-serving institutions;
(4) institutions of higher education that are located near
or serve rural communities, including EPSCoR institutions;
(5) labor organizations;
(6) emerging research institutions; and
(7) higher education programs that serve or support
veterans.
SEC. 10323. NSF EDDIE BERNICE JOHNSON INCLUDES INITIATIVE.
(a) In General.--The Director shall make awards, on a
competitive basis, to institutions of higher education or
non-profit organizations (or consortia of such institutions
or organizations) to carry out a comprehensive national
initiative to facilitate the development of networks and
partnerships to build on and scale up effective practices in
broadening participation in STEM studies and careers of
groups historically underrepresented in such studies and
careers.
(b) Change of Name.--The initiative under subsection (a)
shall be known as the ``Eddie Bernice Johnson Inclusion
across the Nation of Communities of Learners of
Underrepresented Discoverers in Engineering and Science
Initiative'' or the ``Eddie Bernice Johnson INCLUDES
Initiative''.
SEC. 10324. BROADENING PARTICIPATION ON MAJOR FACILITIES
AWARDS.
The Director shall require organizations seeking a
cooperative agreement for the management of the operations
and maintenance of a Foundation project to demonstrate prior
experience and current capabilities in or to have a plan for
employing best practices in broadening participation in
science and engineering and ensure implementation of such
practices is considered in oversight of the award.
SEC. 10325. EXPANDING GEOGRAPHIC AND INSTITUTIONAL DIVERSITY
IN RESEARCH.
(a) Continuing Support for EPSCoR .--
(1) Sense of congress.--It is the sense of Congress that--
(A) because maintaining the Nation's scientific and
economic leadership requires the participation of talented
individuals nationwide, EPSCoR investments into State
research and education capacities are in the Federal interest
and should be sustained;
(B) EPSCoR should maintain its experimental component by
supporting innovative methods for improving research capacity
and competitiveness; and
(C) the Director should carry out this subsection while
maintaining or increasing proposal success rates at emerging
research institutions throughout the United States and
without precluding access to awards for such institutions.
(2) Update of epscor.--Section 517(f)(2) of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-
9(f)(2)) is amended--
(A) in subparagraph (A), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(C) to increase the capacity of rural communities to
provide quality STEM education and STEM workforce development
programming to students, and teachers; and''.
(3) Geographic diversity and inclusion.--
(A) In general.--To the maximum extent practicable, not
less than--
(i) 15.5 percent in fiscal year 2023,
(ii) 16 percent in fiscal year 2024,
(iii) 16.5 percent in fiscal year 2025,
(iv) 17 percent in fiscal year 2026,
(v) 18 percent in fiscal year 2027,
(vi) 19 percent in fiscal year 2028, and
(vii) 20 percent in fiscal year 2029,
of the amounts appropriated to the Foundation for research
and related activities, and science, mathematics, and
engineering education and human resources programs and
activities, excluding those amounts made available for polar
research and operations support (and operations and
maintenance of research facilities), shall be awarded to
EPSCoR institutions.
(B) Scholarships.--To the maximum extent practicable, not
less than--
(i) 16 percent in fiscal year 2023,
(ii) 18 percent in fiscal year 2024, and
(iii) 20 percent in each of fiscal years 2025 through 2029,
of the amounts appropriated to the Foundation for
scholarships (including at community colleges), graduate
fellowships and traineeships, and postdoctoral awards shall
be used to support EPSCoR institutions.
(C) Considerations.--The Director shall consider
prioritizing funding and activities that enable sustainable
growth in the competitiveness of EPSCoR jurisdictions,
including--
(i) infrastructure investments to build research capacity
in EPSCoR jurisdictions;
(ii) scholarships, fellowships, and traineeships within new
and existing programs, to promote the development of
sustainable research and academic personnel;
(iii) partnerships between eligible organizations in EPSCoR
and non-EPSCoR jurisdictions,
[[Page H7319]]
to develop administrative, grant management, and proposal
writing capabilities in EPSCoR jurisdictions;
(iv) capacity building activities for emerging research
institutions, historically Black colleges and universities,
Tribal Colleges or Universities, and minority serving
institutions, consistent with this section and section 10524
of this division; and
(v) leveraging the Partnerships for Innovation program, as
well as the Foundation coordination role in the Department of
Commerce technology and innovation hub program under section
28 of the Stevenson-Wydler Technology Innovation Act of 1980
as added by section 10621, to build sustainable innovation
ecosystems in EPSCoR jurisdictions.
(D) Merit review.--The Director shall achieve the
percentages specified in this paragraph to the maximum extent
practicable, consistent with the National Science Foundation
merit review process.
(E) Consortia.--In the case of an award to a consortium,
the Director may count the entire award toward meeting the
funding requirements of subparagraph (A) if the lead entity
of the consortium is located in an EPSCoR institution
(F) Annual reporting.--Beginning with the fiscal year 2023,
the Director shall submit to Congress a report describing--
(i) the Foundation's implementation of this paragraph;
(ii) progress in building research capacity, including both
infrastructure and personnel, in EPSCoR jurisdictions,
including at historically Black colleges and universities,
Tribal Colleges or Universities, minority-serving
institutions, and emerging research institutions; and
(iii) if the Foundation does not meet the requirement
described in subparagraph (A), an explanation relating
thereto and a plan for compliance in the following fiscal
year and remediation.
(G) Analysis and sustainability report.--Not later than
December 31, 2026, the Director shall submit to Congress a
report containing an analysis of the impacts of the
requirements under subparagraphs (A) and (B). The report
shall include--
(i) an analysis of how the requirements under this
paragraph affected the balance of total funding awarded by
the Foundation to states and territories across the United
States;
(ii) an analysis of any changes in award success and total
funding awarded to Historically black colleges and
universities, Tribal Colleges or Universities, minority-
serving institutions, and emerging research institutions
between the date of enactment and December 31, 2026;
(iii) an analysis of the gains in academic research
capacity, quality, and competitiveness and in science and
technology human resource development in EPSCoR jurisdictions
made between the enactment of this Act and December 31, 2026;
(iv) an assessment of EPSCoR eligibility criteria and
determination on whether new eligibility criteria should be
developed based on the findings from clauses (i), (ii), and
(iii); and
(v) a plan to sustain and grow improvements in research
capacity and competitiveness in EPSCoR jurisdictions.
(H) EPSCoR eligibility.--
(i) In general.--The Director shall ensure eligibility for
current EPSCoR jurisdictions for five years from the date of
enactment of this Act, after which the Director shall
determine whether new eligibility criteria should be
developed based on the findings in the report required under
subparagraph (G).
(ii) Report.--Not later than December 31, 2028, the
Director shall report to Congress regarding any new
eligibility criteria determined under clause (i), any changes
to jurisdictional eligibility based on such criteria, and the
necessity and practicality of continuing or modifying the
requirement under subparagraph (A) given any such changes to
eligibility. The report shall include an analysis of options
to support regions in non-EPSCoR jurisdictions, adjacent to
EPSCoR jurisdictions, that historically receive
disproportionately low levels of funding from the Foundation,
including, if appropriate, options to expand the EPSCoR
program or to establish new programs.
(b) Fostering Stem Research Diversity and Capacity
Program.--
(1) In general.--The Director shall make awards on a
competitive, merit-reviewed basis to eligible institutions to
implement and study innovative approaches for building
research capacity in order to engage and retain students from
a range of institutions and diverse backgrounds in STEM.
(2) Eligible institution defined.--In this subsection the
term ``eligible institution'' means an institution of higher
education that, according to the data published by the
National Center for Science and Engineering Statistics, is
not, on average, among the top 100 institutions in Federal
research and development expenditures during the 3-year
period prior to the year of the award.
(3) Purpose.--The activities under this subsection shall be
focused on achieving simultaneous impacts at the student,
faculty, and institutional levels by increasing the research
capacity at eligible institutions and the number of
undergraduate and graduate students pursuing STEM degrees
from eligible institutions.
(4) Requirements.--In carrying out this program, the
Director shall--
(A) require eligible institutions seeking funding under
this subsection to submit an application to the Director at
such time, in such manner, containing such information and
assurances as the Director may require. The application shall
include, at a minimum a description of how the eligible
institution plans to sustain the proposed activities beyond
the duration of the award;
(B) require applicants to identify disciplines and focus
areas in which the eligible institution can excel, and
explain how the applicant will use the award to build
capacity to bolster the institutional research
competitiveness of eligible entities to support awards made
by the Foundation and increase regional and national capacity
in STEM;
(C) require the awards funded under this subsection to
support research and related activities, which may include--
(i) development or expansion of research programs in
disciplines and focus areas in subparagraph (B);
(ii) faculty recruitment and professional development in
disciplines and focus areas in subparagraph (B), including
for early-career researchers;
(iii) stipends for undergraduate and graduate students
participating in research in disciplines and focus areas in
subparagraph (B);
(iv) acquisition of instrumentation necessary to build
research capacity at an eligible institution in disciplines
and focus areas in subparagraph (B);
(v) an assessment of capacity-building and research
infrastructure needs;
(vi) administrative research development support; and
(vii) other activities necessary to build research
capacity; and
(D) require that no eligible institution should receive
more than $10,000,000 in any single year of funds made
available under this section.
(5) Additional considerations.--In making awards under this
subsection, the Director may also consider--
(A) the extent to which the applicant will support students
from diverse backgrounds, including first-generation
undergraduate students;
(B) the geographic and institutional diversity of the
applying institutions; and
(C) how the applicants can leverage public-private
partnerships and existing partnerships with Federal Research
Agencies.
(6) Duplication.--The Director shall ensure the awards made
under this subsection are complementary and not duplicative
of existing programs.
(7) Report.--The Director shall submit a report to Congress
after the third year of the program that includes--
(A) an assessment of the effectiveness of the program for
growing the geographic and institutional diversity of
institutions of higher education receiving research awards
from the Foundation;
(B) an assessment of the quality, quantity, and geographic
and institutional diversity of institutions of higher
education conducting Foundation- sponsored research since the
establishment of the program in this subsection;
(C) an assessment of the quantity and diversity of
undergraduate and graduate students graduating from eligible
institutions with STEM degrees; and
(D) statistical summary data on the program, including the
geographic and institutional allocation of award funding, the
number and diversity of supported graduate and undergraduate
students, and how it contributes to capacity building at
eligible entities.
(8) Authorization of appropriations.--There is authorized
to be appropriated to the Director $150,000,000 for each of
the fiscal years 2023 through 2027 to carry out the
activities under this subsection.
(c) Partnerships With Emerging Research Institutions.--
(1) In general.--The Director shall establish a five-year
pilot program for awards to research partnerships that
involve emerging research institutions and may involve
institutions classified as very high research activity by the
Carnegie Classification of Institutions of Higher Education
at the time of application.
(2) Requirements.--In carrying out this program, the
Director shall--
(A) require that each proposal submitted by a multi-
institution collaboration for an award, including those under
subtitle G of this title, that exceeds $1,000,000, as
appropriate, specify how the applicants will support
substantive, meaningful, sustainable, and mutually beneficial
partnerships with one or more emerging research institutions;
(B) require recipients funded under this subsection to
direct no less than 35 percent of the total award to one or
more emerging research institutions;
(C) require recipients funded under this subsection to
report on the partnership activities as part of the annual
reporting requirements of the Foundation; and
(D) solicit feedback on the partnership directly from
partner emerging research institutions, in such form as the
Director deems appropriate.
(3) Capacity building.--Funds awarded to emerging research
institutions under this subsection may be used to build
research capacity, including through support for faculty
salaries and training, field and laboratory research
experiences for undergraduate and graduate students, and
maintenance and repair of research equipment and
instrumentation.
(4) Report.--The Director shall submit a report to Congress
after the third year of the pilot program that includes--
(A) an assessment, drawing on feedback from the research
community and other sources of information, of the
effectiveness of the pilot program for improving the quality
of partnerships with emerging research institutions; and
(B) if deemed effective, a plan for permanent
implementation of the pilot program.
SEC. 10326. DIVERSITY IN TECH RESEARCH.
The Director shall make awards, on a competitive basis, to
institutions of higher education or nonprofit organizations
(or consortia of such institutions or organizations) to
support basic, applied, and use-inspired research that yields
a
[[Page H7320]]
scientific evidence base for improving the design and
emergence, development and deployment, and management and
ultimate effectiveness of entities involved in technology
research, including research related to diversity and
inclusion in the technology sector.
SEC. 10327. CHIEF DIVERSITY OFFICER OF THE NSF.
(a) Chief Diversity Officer.--
(1) Appointment.--The Director shall appoint a senior
agency official within the Office of the Director as a Chief
Diversity Officer.
(2) Qualifications.--The Chief Diversity Officer shall have
significant experience, within the Federal Government and the
science community, with diversity- and inclusion-related
matters, including--
(A) civil rights compliance;
(B) harassment policy, reviews, and investigations;
(C) equal employment opportunity; and
(D) disability policy.
(b) Duties.--The Chief Diversity Officer is responsible for
providing advice on policy, oversight, guidance, and
coordination with respect to matters of the Foundation
related to diversity and inclusion, including ensuring the
geographic diversity of the Foundation programs. Other duties
may include--
(1) establishing and maintaining a strategic plan that
publicly states a diversity definition, vision, and goals for
the Foundation;
(2) defining a set of strategic metrics that are--
(A) directly linked to key organizational priorities and
goals;
(B) actionable; and
(C) actively used to implement the strategic plan under
paragraph (1);
(3) advising in the establishment of a strategic plan for
diverse participation by individuals and institutions of
higher education, including community colleges, historically
Black colleges and universities, Tribal Colleges or
Universities, minority serving institutions, institutions of
higher education with an established STEM capacity building
program focused on Native Hawaiians or Alaska Natives, and
EPSCoR institutions);
(4) advising in the establishment of a strategic plan for
outreach to, and recruiting from, untapped locations and
underrepresented populations;
(5) advising on a diversity and inclusion strategy for the
Foundation's portfolio of PreK-12 STEM education focused
programs and activities, including goals for addressing
barriers to participation;
(6) advising on the application of the Foundation's broader
impacts review criterion; and
(7) performing such additional duties and exercise such
powers as the Director may prescribe.
(c) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $5,000,000
for each of fiscal years 2023 through 2027.
SEC. 10328. RESEARCH AND DISSEMINATION TO INCREASE THE
PARTICIPATION OF WOMEN AND UNDERREPRESENTED
MINORITIES IN STEM FIELDS.
(a) In General.--The Director shall make awards on a
competitive, merit-reviewed basis, to institutions of higher
education or non-profit organizations (or consortia of such
institutions or organizations), to enable such entities to
increase the participation of women and underrepresented
minorities in STEM studies and careers.
(b) Use of Funds.--An eligible entity that receives an
award under this subsection shall use such award funds to
carry out one or more of the following activities designed to
increase the participation of women or minorities
historically underrepresented in STEM, or both:
(1) Research to analyze the record-level data collected
under sections 10502 and 10504, consistent with policies to
ensure the privacy of individuals identifiable by such data.
(2) Research to study best practices for work-life
accommodation.
(3) Research to study the impact of policies and practices
that are implemented or are otherwise consistent with the
purposes of this section.
(4) Mentoring programs that facilitate engagement of STEM
professionals with students.
(5) Research experiences for undergraduate and graduate
students in STEM fields.
(6) Outreach to elementary school and secondary school
students to provide opportunities to increase their exposure
to STEM fields.
(c) Dissemination Activities.--The Director shall carry out
dissemination activities consistent with the purposes of this
section, including--
(1) collaboration with other Federal research agencies and
professional associations to exchange best practices,
harmonize work-life accommodation policies and practices, and
overcoming common barriers to work-life accommodation; and
(2) collaboration with institutions of higher education in
order to clarify and catalyze the adoption of a coherent and
consistent set of work-life accommodation policies and
practices.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2023, 2024, 2025, 2026, and 2027.
SEC. 10329. ACTIVITIES TO EXPAND STEM OPPORTUNITIES.
(a) National Science Foundation Support for Increasing
Diversity Among Stem Faculty at Institutions of Higher
Education.--Section 305 of the American Innovation and
Competitiveness Act (42 U.S.C. 1862s-5) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Support for Increasing Diversity Among Stem Faculty
at Institutions of Higher Education.--
``(1) In general.--The Director of the Foundation shall
make awards to institutions of higher education (or consortia
thereof) for the development and assessment of innovative
reform efforts designed to increase the recruitment,
retention, and advancement of individuals from
underrepresented minority groups in academic STEM careers,
which may include implementing or expanding successful
evidence-based practices.
``(2) Merit review; competition.--Awards shall be made
under this subsection on a merit-reviewed, competitive basis.
``(3) Use of funds.--Activities supported by awards under
this subsection may include--
``(A) institutional assessment activities, such as data
analyses and policy review, in order to identify and address
specific issues in the recruitment, retention, and
advancement of faculty members from underrepresented minority
groups;
``(B) assessments of distribution of mentoring and advising
responsibilities among faculty, particularly for faculty from
underrepresented minority groups, that may detract from time
spent on research, publishing papers, and other activities
required to achieve tenure status or promotion (or
equivalents for non-tenure track faculty) and run a
productive research program;
``(C) development and assessment of training courses for
administrators and search committee members designed to
ensure unbiased evaluation of candidates from
underrepresented minority groups;
``(D) development and hosting of intra- or inter-
institutional workshops to propagate best practices in
recruiting, retaining, and advancing faculty members from
underrepresented minority groups;
``(E) professional development opportunities for faculty
members from underrepresented minority groups;
``(F) activities aimed at making undergraduate STEM
students from underrepresented minority groups aware of
opportunities for academic careers in STEM fields; and
``(G) activities to identify and engage exceptional
graduate students and postdoctoral researchers from
underrepresented minority groups at various stages of their
studies and to encourage them to enter academic careers.
``(4) Selection process.--
``(A) Application.--An institution of higher education (or
a consortium of such institutions) seeking funding under this
subsection shall submit an application to the Director of the
Foundation at such time, in such manner, and containing such
information and assurances as such Director may require. The
application shall include, at a minimum, a description of--
``(i) the reform effort that is being proposed for
implementation by the institution of higher education;
``(ii) any available evidence of specific difficulties in
the recruitment, retention, and advancement of faculty
members from underrepresented minority groups in STEM
academic careers within the institution of higher education
submitting an application, and how the proposed reform effort
would address such issues;
``(iii) support for the proposed reform effort by
administrators of the institution, which may include details
on previous or ongoing reform efforts;
``(iv) how the proposed reform effort may contribute to
change in institutional culture and policy such that a
greater value is placed on the recruitment, retention, and
advancement of faculty members from underrepresented minority
groups;
``(v) how the institution of higher education submitting an
application plans to sustain the proposed reform effort
beyond the duration of the award, if the effort proved
successful; and
``(vi) how the success and effectiveness of the proposed
reform effort will be evaluated and assessed in order to
contribute to the national knowledge base about models for
catalyzing institutional change.
``(B) Award distribution.--The Director of the Foundation
shall ensure, to the extent practicable, that awards under
this section are made to a variety of types of institutions
of higher education.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$8,000,000 for each of fiscal years 2023 through 2027.''.
(b) National Science Foundation Support for Broadening
Participation in Undergraduate Stem Education.--Section 305
of the American Innovation and Competitiveness Act (42 U.S.C.
1862s-5), as amended by subsection (b), is further amended by
inserting after subsection (e) the following:
``(f) Support for Broadening Participation in Undergraduate
Stem Education.--
``(1) In general.--The Director of the Foundation shall
make awards to institutions of higher education (or a
consortium of such institutions) to implement or expand
research-based reforms in undergraduate STEM education for
the purpose of recruiting and retaining students from
minority groups who are underrepresented in STEM fields.
``(2) Merit review; competition.--Awards shall be made
under this subsection on a merit-reviewed, competitive basis.
``(3) Use of funds.--Activities supported by awards under
this subsection may include--
``(A) implementation or expansion of innovative, research-
based approaches to broaden participation of underrepresented
minority groups in STEM fields;
``(B) implementation or expansion of successful, research-
based bridge, cohort, tutoring, or mentoring programs,
including those involving community colleges and technical
schools, designed to enhance the recruitment and retention of
students from underrepresented minority groups in STEM
fields;
``(C) implementation or expansion of outreach programs
linking institutions of higher education and PreK-12 school
systems in order to
[[Page H7321]]
heighten awareness among precollege students from
underrepresented minority groups of opportunities in college-
level STEM fields and STEM careers;
``(D) implementation or expansion of faculty development
programs focused on improving retention of undergraduate STEM
students from underrepresented minority groups;
``(E) implementation or expansion of mechanisms designed to
recognize and reward faculty members who demonstrate a
commitment to increasing the participation of students from
underrepresented minority groups in STEM fields;
``(F) expansion of successful reforms aimed at increasing
the number of STEM students from underrepresented minority
groups beyond a single course or group of courses to achieve
reform within an entire academic unit, or expansion of
successful reform efforts beyond a single academic unit or
field to other STEM academic units or fields within an
institution of higher education;
``(G) expansion of opportunities for students from
underrepresented minority groups to conduct STEM research in
industry, at Federal labs, and at international research
institutions or research sites;
``(H) provision of stipends for students from
underrepresented minority groups participating in research;
``(I) development of research collaborations between
research-intensive universities and primarily undergraduate
historically Black colleges and universities, Tribal Colleges
or Universities, and minority serving institutions;
``(J) support for graduate students and postdoctoral
fellows from underrepresented minority groups to participate
in instructional or assessment activities at primarily
undergraduate institutions, including primarily undergraduate
historically Black colleges and universities, Tribal Colleges
or Universities, and minority serving institutions and 2-year
institutions of higher education; and
``(K) other activities consistent with paragraph (1), as
determined by the Director of the Foundation.
``(4) Selection process.--
``(A) Application.--An institution of higher education (or
a consortium thereof) seeking an award under this subsection
shall submit an application to the Director of the Foundation
at such time, in such manner, and containing such information
and assurances as such Director may require. The application
shall include, at a minimum--
``(i) a description of the proposed reform effort;
``(ii) a description of the research findings that will
serve as the basis for the proposed reform effort or, in the
case of applications that propose an expansion of a
previously implemented reform, a description of the
previously implemented reform effort, including data about
the recruitment, retention, and academic achievement of
students from underrepresented minority groups;
``(iii) evidence of an institutional commitment to, and
support for, the proposed reform effort, including a long-
term commitment to implement successful strategies from the
current reform beyond the academic unit or units included in
the award proposal;
``(iv) a description of how the proposed reform effort may
contribute to, or in the case of applications that propose an
expansion of a previously implemented reforms has contributed
to, change in institutional culture and policy such that a
greater value is placed on the recruitment, retention and
academic achievement of students from underrepresented
minority groups;
``(v) a description of existing or planned institutional
policies and practices regarding faculty hiring, promotion,
tenure, and teaching assignment that reward faculty
contributions to improving the education of students from
underrepresented minority groups in STEM; and
``(vi) how the success and effectiveness of the proposed
reform effort will be evaluated and assessed in order to
contribute to the national knowledge base about models for
catalyzing institutional change,
``(B) Award distribution.--The Director of the Foundation
shall ensure, to the extent practicable, that awards under
this subsection are made to a variety of types of
institutions of higher education, including historically
Black colleges and universities, Tribal Colleges or
Universities, minority serving institutions, and 2-year
institutions of higher education.
``(5) Education research.--
``(A) In general.--All awards made under this subsection
shall include an education research component that will
support the design and implementation of a system for data
collection and evaluation of proposed reform efforts in order
to build the knowledge base on promising models for
increasing recruitment and retention of students from
underrepresented minority groups in STEM education at the
undergraduate level across a diverse set of institutions.
``(B) Dissemination.--The Director of the Foundation shall
coordinate with the Committee on STEM Education of the
National Science and Technology Council in disseminating the
results of the research under this paragraph to ensure that
best practices in broadening participation in STEM education
at the undergraduate level are made readily available to all
institutions of higher education, other Federal agencies that
support STEM programs, non-Federal funders of STEM education,
and the general public.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$15,000,000 for each of fiscal years 2023 through 2027.''.
SEC. 10330. INTRAMURAL EMERGING RESEARCH INSTITUTIONS PILOT
PROGRAM.
(a) Establishment.--The Director may conduct multiple pilot
programs, including through existing programs or other
programs authorized in this division or division A, within
the Foundation to expand the number of institutions of higher
education (including such institutions that are community
colleges), and other eligible entities that the Director
determines appropriate, that are able to successfully compete
for Foundation awards.
(b) Components.--Pilot programs under this section may
include--
(1) a mentorship program;
(2) award application writing technical assistance;
(3) targeted outreach, including to a historically Black
college or university, a Tribal college or university, or a
minority-serving institution (including a Hispanic-serving
institution or an institution of higher education with an
established STEM capacity building program focused on Native
Hawaiians or Alaska Natives);
(4) programmatic support or solutions for institutions or
entities that do not have an experienced award management
office;
(5) an increase in the number of award proposal reviewers
from institutions of higher education that have not
traditionally received funds from the Foundation; or
(6) an increase of the term and funding, for a period of 3
years or less, as appropriate, for awards with a first-time
principal investigator, when paired with regular mentoring on
the administrative aspects of award management.
(c) Limitation.--As appropriate, each pilot program under
this section shall work to reduce administrative burdens for
recipients and award personnel.
(d) Agency-wide Programs.--Not later than 5 years after the
date of enactment of this Act, the Director shall--
(1) review the results of the pilot programs under this
section; and
(2) develop agencywide best practices from the pilot
programs for implementation across the Foundation, in order
to fulfill the requirement under section 3(e) of the National
Science Foundation Act of 1950 (42 U.S.C. 1862(e)).
Subtitle D--NSF Research Security
SEC. 10331. OFFICE OF RESEARCH SECURITY AND POLICY.
The Director shall maintain a Research Security and Policy
office within the Office of the Director with not fewer than
four full-time equivalent positions, in addition to the Chief
of Research Security established pursuant to section 10332.
The functions of the Research Security and Policy office
shall be to coordinate all research security policy issues
across the Foundation, including by--
(1) consulting and coordinating with the Foundation Office
of Inspector General, with other Federal research agencies,
and intelligence and law enforcement agencies, and the
National Science and Technology Council, as appropriate, in
accordance with the authority provided under section 1746 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 42 U.S.C. 6601 note), to identify and
address potential security risks that threaten research
integrity and other risks to the research enterprise and to
develop research security policy and best practices, taking
into account the policy guidelines to be issued by the
Director of the Office of Science and Technology Policy under
section 10631 of this division;
(2) serving as a resource at the Foundation for all issues
related to the security and integrity of the conduct of
Foundation-supported research;
(3) conducting outreach and education activities for
recipients on research policies and potential security risks
and on policies and activities to protect intellectual
property and information about critical technologies relevant
to national security, consistent with the controls relevant
to the grant or award;
(4) educating Foundation program managers and other
directorate staff on evaluating Foundation awards and
recipients for potential security risks;
(5) communicating reporting and disclosure requirements to
recipients and applicants for funding;
(6) performing risk assessments, in consultation, as
appropriate, with other Federal agencies, of Foundation
proposals and awards using analytical tools to assess
nondisclosures of required information;
(7) establishing policies and procedures for identifying,
communicating, and addressing security risks that threaten
the integrity of Foundation-supported research and
development, working in consultation, as appropriate, with
other Federal agencies, to ensure compliance with National
Security Presidential Memorandum-33 (relating to
strengthening protections of United States Government-
supported research and development against foreign government
interference and exploitation) or a successor policy
document; and
(8) in accordance with relevant policies of the agency,
conducting or facilitating due diligence with regard to
applications for research and development awards from the
Foundation prior to making such awards.
SEC. 10332. CHIEF OF RESEARCH SECURITY.
The Director shall appoint a senior agency official within
the Office of the Director as a Chief of Research Security,
whose primary responsibility shall be to manage the office
established under section 10331.
SEC. 10333. REPORTING TO CONGRESS.
(a) Report on Resource Needs.--Not later than 180 days
after the date of the enactment of this Act, the Director
shall provide a report to the Committee on Science, Space,
and Technology of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, the
Committee on Appropriations of the House of Representatives,
and the Committee on Appropriations of the Senate
[[Page H7322]]
on the resources and the number of full time employees needed
to carry out the functions of the office established in
section 10331.
(b) Annual Report on Office Activities.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the
Director shall submit to Congress a report on the activities
carried out by the Office of Research Security, detailing--
(A) a description of the activities conducted by the
Office, including administrative actions taken;
(B) such recommendations as the Director may have for
legislative or administrative action relating to improving
research security;
(C) identification and discussion of the gaps in legal
authorities that need to be improved to enhance the security
of institutions of higher education performing research
supported by the Foundation; and
(D) information on Foundation Inspector General cases, as
appropriate, relating to undue influence and security threats
to research and development activities funded by the
Foundation, including theft of property or intellectual
property relating to a project funded by the Foundation at an
institution of higher education.
(2) Form.--The report submitted under paragraph (1) shall
be submitted in both unclassified and classified formats, as
appropriate.
SEC. 10334. ONLINE RESOURCE.
The Director shall develop an online resource hosted on the
Foundation's website containing up-to-date information,
tailored for institutions and individual researchers,
including--
(1) an explanation of Foundation research security
policies;
(2) unclassified guidance on potential security risks that
threaten research integrity and other risks to the research
enterprise;
(3) examples of beneficial international collaborations and
how such collaborations differ from foreign government
interference efforts that threaten research integrity;
(4) best practices for mitigating security risks that
threaten research integrity; and
(5) additional reference materials, including tools that
assist organizations seeking Foundation funding and awardees
in information disclosure to the Foundation.
SEC. 10335. RESEARCH AWARDS.
The Director shall continue to make awards, on a
competitive basis, to institutions of higher education or
non-profit organizations (or consortia of such institutions
or organizations) to support research on the conduct of
research and the research environment, including research on
research misconduct or breaches of research integrity and
detrimental research practices.
SEC. 10336. AUTHORITIES.
In addition to existing authorities for preventing waste,
fraud, abuse, and mismanagement of Federal funds, the
Director, acting through the Office of Research Security and
Policy and in coordination with the Foundation's Office of
Inspector General, shall have the authority to conduct risk
assessments, including through the use of open-source
analysis and analytical tools, of research and development
award applications and disclosures to the Foundation.
SEC. 10337. RESPONSIBLE CONDUCT IN RESEARCH TRAINING.
Section 7009 of the America Creating Opportunities to
Meaningfully Promote Excellence in Technology, Education, and
Science Act (42 U.S.C. 1862o-1) is amended by--
(1) striking ``and postdoctoral researchers'' and inserting
``postdoctoral researchers, faculty, and other senior
personnel''; and
(2) by striking the period and inserting the following: ``,
including--
``(1) mentor training and mentorship;
``(2) training to raise awareness of potential research
security threats; and
``(3) Federal export control, disclosure, and reporting
requirements.''.
SEC. 10338. RESEARCH SECURITY AND INTEGRITY INFORMATION
SHARING ANALYSIS ORGANIZATION.
(a) Establishment.--The Director shall enter into an
agreement with a qualified independent organization to
establish a research security and integrity information
sharing analysis organization (referred to in this section as
the ``RSI-ISAO''), which shall include members described in
subsection (d) and carry out the duties described in
subsection (b).
(b) Duties.--The RSI-ISAO shall--
(1) serve as a clearinghouse for information to help enable
the members and other entities in the research community to
understand the context of their research and identify
improper or illegal efforts by foreign entities to obtain
research results, know how, materials, and intellectual
property;
(2) develop a set of standard risk assessment frameworks
and best practices, relevant to the research community, to
assess research security risks in different contexts;
(3) share information concerning security threats and
lessons learned from protection and response efforts through
forums and other forms of communication;
(4) provide timely reports on research security risks to
provide situational awareness tailored to the research and
STEM education community;
(5) provide training and support, including through
webinars, for relevant faculty and staff employed by
institutions of higher education on topics relevant to
research security risks and response;
(6) enable standardized information gathering and data
compilation, storage, and analysis for compiled incident
reports;
(7) support analysis of patterns of risk and identification
of bad actors and enhance the ability of members to prevent
and respond to research security risks; and
(8) take other appropriate steps to enhance research
security.
(c) Funding.--The Foundation may provide initial funds
toward the RSI-ISAO but shall seek to have the fees
authorized in subsection (d)(2) cover the costs of operations
at the earliest practicable time.
(d) Membership.--
(1) In general.--The RSI-ISAO shall serve and include
members representing institutions of higher education,
nonprofit research institutions, and small and medium-sized
businesses.
(2) Fees.--As soon as practicable, members of the RSI-ISAO
shall be charged an annual rate to enable the RSI-ISAO to
cover its costs. Rates shall be set on a sliding scale based
on research and development expenditures to ensure that
membership is accessible to a diverse community of
stakeholders and ensure broad participation. The RSI-ISAO
shall develop a plan to sustain the RSI-ISAO without Federal
funding, as practicable.
(e) Board of Directors.--The RSI-ISAO may establish a board
of directors to provide guidance for policies, legal issues,
and plans and strategies of the entity's operations. The
board shall include a diverse group of stakeholders
representing the research community, including academia,
industry, and experienced research security administrators.
(f) Stakeholder Engagement.--In establishing the RSI-ISAO
under this section, the Director shall take necessary steps
to ensure the services provided are aligned with the needs of
the research community, including by--
(1) convening a series of workshops or other multi-
stakeholder events; or
(2) publishing a description of the services the RSI-ISAO
intends to provide and the requirements for membership in the
Federal Register and provide an opportunity for submission of
public comments for a period of not less than 60 days.
SEC. 10339. PLAN WITH RESPECT TO CONTROLLED INFORMATION AND
BACKGROUND SCREENING.
(a) In General.--Not later than 180 days after the
enactment of this Act, the Director, in consultation with the
Director of National Intelligence and, as appropriate, other
Federal agencies, shall develop a plan to--
(1) identify research areas supported by the Foundation,
including in the key technology focus areas, that may involve
access to controlled unclassified or classified information,
including in the key technology focus areas; and
(2) exercise due diligence in granting access, as
appropriate, to the CUI or classified information identified
under paragraph (1) to individuals working on such research
who are employees of the Foundation or covered individuals on
research and development awards funded by the Foundation.
(b) Definitions.--In this section:
(1) Classified information.--The term ``classified
information'' means any information that has been determined
pursuant to Executive Order 13526, any predecessor or
successor order, or sections 1-274, 275-321, and 1001-3115 of
the Atomic Energy Act of 1954 (42 U.S.C. 2011-2021, 2022-
2286i, 2296a-2297h-13) to require protection against
unauthorized disclosure and that is so designated.
(2) Controlled unclassified information.--The term
``controlled unclassified information'' or ``CUI'' means
information described as ``Controlled Unclassified
Information'' under Executive Order 13556 or any successor
order, to require protection against unauthorized disclosure
and that is so designated.
SEC. 10339A. FOUNDATION FUNDING TO INSTITUTIONS HOSTING OR
SUPPORTING CONFUCIUS INSTITUTES.
(a) Confucius Institute Defined.--In this section the term
``Confucius Institute'' means a cultural institute
established as a partnership between a United States
institution of higher education and a Chinese institution of
higher education to promote and teach Chinese language and
culture that is funded, directly or indirectly, by the
Government of the People's Republic of China.
(b) Restrictions of Confucius Institutes.--Except as
provided in subsection (d), none of the funds made available
to the Foundation under this division or division A, or an
amendment made by this division or division A, may be
obligated or expended to an institution of higher education
that maintains a contract or agreement between the
institution and a Confucius Institute, unless the Director,
after consultation with the National Academies, determines
such a waiver is appropriate in accordance with subsection
(c).
(c) Waiver.--The Director, after consultation with the
National Academies, may issue a waiver for an institution of
higher education that maintains a contract or agreement
between the institution and a Confucius Institute if such
contract or agreement includes clear provisions that--
(1) protect academic freedom at the institution;
(2) prohibit the application of any foreign law on any
campus of the institution;
(3) grant full managerial authority of the Confucius
Institute to the institution, including full control over
what is being taught, the activities carried out, the
research awards that are made, and who is employed at the
Confucius Institute; and
(4) prohibit co-location with the institution's Chinese
language, history, and cultural programs and require separate
promotional materials.
(d) Special Rule.--
(1) In general.--Notwithstanding any other provision of
this section, this section shall not apply to an institution
of higher education if that institution has fulfilled the
requirements for a waiver from the Department of Defense as
[[Page H7323]]
described under section 1062 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(2) Exception.--Notwithstanding any other provision of this
section, the prohibition under subsection (b) shall not apply
to amounts provided to students as educational assistance.
(e) Effective Date.--The limitation under subsection (b)
shall apply with respect to the first fiscal year that begins
after the date that is two years after the date of the
enactment of this Act and to any subsequent fiscal year
subject to subsection (f).
(f) Sunset.--This section shall cease to be effective on
the date that is five years after the date of the enactment
of this Act.
SEC. 10339B. FOREIGN FINANCIAL SUPPORT.
(a) In General.--The Director shall request, on an annual
basis, from a recipient institution of higher education a
disclosure, in the form of a summary document, from the
institution, a foundation of the institution, and related
entities such as any educational, cultural, or language
entity, of the current financial support, the value of which
is $50,000 or more, including gifts and contracts, received
directly or indirectly from a foreign source (as such term is
defined in section 117 of the Higher Education Act of 1965
(20 U.S.C. 1011f(h)(2))) associated with a foreign country of
concern.
(b) Records.--Each disclosure to the Director under this
section shall be made on the condition that the institution
will maintain a true copy of the relevant records subject to
the disclosure requirement until the latest of--
(1) the date that is four years after the date of the
agreement;
(2) the date on which the agreement terminates; or
(3) the last day of any period that applicable State public
record law requires a true copy of such agreement to be
maintained.
(c) Documentation.--Upon review of the disclosures under
this section, the Director may request that a recipient
institution provide true copies of any contracts, agreements,
or documentation of financial transactions associated with
disclosures made under this section.
(d) Office of the Inspector General.--The Director, acting
through the Office of Research Security and Policy in
coordination with the Foundation's Office of Inspector
General and in consultation with the recipient institution,
may reduce the award funding amount or suspend or terminate
the award if the Director determines--
(1) such institution fails to comply with the records
retention requirement in subsection (b) or fails to provide
information requested under this section; or
(2) the Chief of Research Security determines the
disclosures under this section indicate a threat to research
security.
SEC. 10339C. AUTHORIZATION OF APPROPRIATIONS.
From any amounts appropriated for the Foundation for each
of fiscal years 2023 through 2027, the Director shall
allocate $6,000,000 to carry out the activities under this
subtitle.
Subtitle E--Fundamental Research
SEC. 10341. BROADER IMPACTS.
(a) Assessment.--Not later than 120 days after the date of
enactment of this Act, the Director shall enter into an
agreement with a qualified independent organization to assess
how the Broader Impacts review criterion is applied across
the Foundation and make recommendations for improving the
effectiveness for meeting the goals established in section
526 of the America Creating Opportunities to Meaningfully
Promote Excellence in Technology, Education, and Science
Reauthorization Act of 2010 (42 U.S.C. 1862p-14).
(b) Activities.--The Director shall make awards on a
competitive basis, to institutions of higher education or
non-profit organizations (or consortia of such institutions
or organizations) to support activities to increase the
efficiency, effectiveness, and availability of resources for
implementing the Broader Impacts review criterion,
including--
(1) training and workshops for program officers, merit
review panelists, award office administrators, faculty, and
students to improve understanding of the goals and the full
range of potential broader impacts available to researchers
to satisfy this criterion;
(2) repositories and clearinghouses for sharing best
practices and facilitating collaboration; and
(3) tools for evaluating and documenting societal impacts
of research.
SEC. 10342. SENSE OF CONGRESS.
It is the sense of Congress that the Director should
continue to identify opportunities to reduce the
administrative burden on researchers.
SEC. 10343. RESEARCH ETHICS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a number of emerging areas of research have potential
ethical, social, safety, and security implications that might
be apparent as early as the basic research stage;
(2) the incorporation of ethical, social, safety, and
security considerations into the research design and review
process for Federal awards, may help mitigate potential harms
before they happen;
(3) the Foundation's agreement with the National Academies
to conduct a study and make recommendations with respect to
governance of research in emerging technologies is a positive
step toward accomplishing this goal; and
(4) the Foundation should continue to work with
stakeholders to promote best practices for governance of
research in emerging technologies at every stage of research.
(b) Incorporation of Ethics Considerations.--Drawing on
stakeholder input, not later than 24 months after the date of
enactment of this Act, the Director shall revise proposal
instructions to require that ethical and societal
considerations are to be included as part of a proposal for
funding prior to making the award, where such considerations
are applicable. Such considerations shall be evaluated by the
Director in the review of proposals, taking into account any
relevant input from the peer-reviewers for the proposal, and
shall factor into award decisions, as deemed necessary by the
Director. When incorporating such considerations, proposers
may include, as appropriate--
(1)(A) any readily foreseeable or quantifiable risks to
society, including how the research could enable products,
technologies, or other outcomes that could intentionally or
unintentionally cause significant societal harm; or
(B) an assertion that no readily foreseeable potential
ethical, social, safety, or security implications are
apparent;
(2) how technical or social solutions can mitigate such
risks and, as appropriate, a plan to implement such
mitigation measures; and
(3) how partnerships and collaborations in the research can
help mitigate potential harm and amplify potential societal
benefits.
(c) Guidance.--The Director shall solicit stakeholder input
to develop clear guidance on what constitutes a readily
foreseeable or quantifiable risk as described in subsection
(b)(1), and to the extent practicable harmonize this policy
with existing ethical policies or related requirements for
human subjects.
(d) Research.--The Director shall make awards, on a
competitive basis, to institutions of higher education or
non-profit organizations (or consortia of such institutions
or organizations) to support--
(1) research to assess the potential ethical and societal
implications of Foundation- supported research and products
or technologies enabled by such research, including the
benefits and risks identified pursuant to subsection (b)(1);
and
(2) the development and verification of approaches to
proactively mitigate foreseeable risks to society, including
the technical and social solutions identified pursuant to
subsection (b)(1).
(e) Annual Report.--The Director shall encourage recipients
to update their consideration of potential risks and benefits
as appropriate as part of the annual reports required by all
awardees under the award terms and conditions.
SEC. 10344. RESEARCH REPRODUCIBILITY AND REPLICABILITY.
(a) In General.--Consistent with existing Federal law for
privacy, intellectual property, and security, the Director
shall facilitate public access to research products,
including data, software, and code, developed as part of
Foundation-supported projects.
(b) Data Management Plans.--
(1) In general.--The Director shall require that every
proposal for funding for research include a machine-readable
data management plan that includes a description of how the
awardee will archive and preserve public access to data,
software, and code developed as part of the proposed project.
(2) Requirements.--In carrying out the requirement in
paragraph (1), the Director shall--
(A) provide necessary resources, including trainings and
workshops, to educate researchers and students on how to
develop and review high quality data management plans;
(B) ensure program officers and merit review panels are
equipped with the resources and training necessary to review
the quality of data management plans; and
(C) ensure program officers and merit review panels treat
data management plans as essential elements of award
proposals, where appropriate.
(c) Open Repositories.--The Director shall--
(1) consult with the heads of other Federal research
agencies, as appropriate, and solicit input from the
scientific community, to develop and widely disseminate a set
of criteria for trusted open repositories to be used by
Foundation-funded researchers, accounting for discipline-
specific needs and necessary protections for sensitive
information;
(2) work with stakeholders to identify significant gaps in
available repositories meeting the criteria developed under
paragraph (1) and options for supporting the development of
additional or enhanced repositories;
(3) make awards on a competitive basis to institutions of
higher education or non-profit organizations (or consortia of
such institutions or organizations) for the development,
upgrades, and maintenance of open data repositories that meet
the criteria developed under paragraph (1);
(4) work with stakeholders and build on existing models,
where appropriate, to establish a single, public, web-based
point of access to help users locate repositories storing
data, software, and code resulting from or used in
Foundation-supported projects;
(5) work with stakeholders to establish the necessary
policies and procedures and allocate the necessary resources
to ensure, as practicable, data underlying published findings
resulting from Foundation-supported projects are deposited in
repositories meeting the criteria developed under paragraph
(1) at the time of publication;
(6) incentivize the deposition of data, software, and code
into repositories that meet the criteria developed under
paragraph (1); and
(7) coordinate with the scientific publishing community and
the heads of other relevant Federal departments and agencies
to support the development of voluntary consensus standards
around data archiving and sharing.
(d) Research, Development, and Education.--The Director
shall make awards, on a competitive basis to institutions of
higher education or non-profit organizations (or consortia of
such institutions or organizations) to--
(1) support research and development of open source,
sustainable, usable tools and infrastructure that support
reproducibility for a broad range of studies across different
disciplines;
[[Page H7324]]
(2) support research on computational reproducibility,
including the limits of reproducibility and the consistency
of computational results in the development of new
computation hardware, tools, and methods; and
(3) support the education and training of students,
faculty, and researchers on computational methods, tools, and
techniques to improve the quality and sharing of data, code,
and supporting metadata to produce reproducible research.
SEC. 10345. CLIMATE CHANGE RESEARCH.
The Director shall make awards, on a competitive basis, to
institutions of higher education or non-profit organizations
(or consortia of such institutions or organizations) to
support research to improve our understanding of the climate
system and related human and environmental systems.
SEC. 10346. SOCIAL, BEHAVIORAL, AND ECONOMIC SCIENCES.
The Director shall--
(1) actively communicate opportunities and solicit
proposals for social, behavioral, and economic science
researchers to participate in cross-cutting and
interdisciplinary programs, including the Convergence
Accelerator and agency priority activities, and the Mid-Scale
Research Infrastructure program; and
(2) ensure social, behavioral, and economic science
researchers are represented on relevant merit review panels
for such activities.
SEC. 10347. MEASURING IMPACTS OF FEDERALLY FUNDED RESEARCH
AND DEVELOPMENT.
The Director shall make awards on a competitive, merit-
reviewed basis to institutions of higher education or non-
profit organizations (or consortia of such institutions or
organizations) to support research and development of data,
models, indicators, and associated analytical tools to
improve our understanding of the impacts of Federally funded
research on society, the economy, and the workforce,
including domestic job creation.
SEC. 10348. FOOD-ENERGY-WATER RESEARCH.
The Director shall make awards on a competitive basis to
institutions of higher education or non-profit organizations
(or consortia of such institutions or organizations) to--
(1) support research to significantly advance our
understanding of the food-energy-water system through
quantitative and computational modeling, including support
for relevant cyberinfrastructure;
(2) develop real-time, cyber-enabled interfaces that
improve understanding of the behavior of food-energy-water
systems and increase decision support capability;
(3) support research that will lead to innovative solutions
to critical food-energy-water system problems; and
(4) grow the scientific workforce capable of studying and
managing the food-energy-water system, through education and
other professional development.
SEC. 10349. BIOLOGICAL FIELD STATIONS AND MARINE
LABORATORIES.
The Director shall continue to support enhancing, repairing
and maintaining research instrumentation, laboratories,
telecommunications and housing at biological field stations
and marine laboratories.
SEC. 10350. SUSTAINABLE CHEMISTRY RESEARCH AND EDUCATION.
In accordance with section 263 of the National Defense
Authorization Act for Fiscal Year 2021, the Director shall
carry out activities in support of sustainable chemistry,
including--
(1) establishing a program to make awards, on a competitive
basis, to institutions of higher education or non-profit
organizations (or consortia of such institutions or
organizations) to support--
(A) individual investigators and teams of investigators,
including to the extent practicable, early career
investigators for research and development;
(B) collaborative research and development partnerships
among universities, industry, and non-profit organizations;
(C) integrating sustainable chemistry principles into
elementary, secondary, undergraduate, and graduate chemistry
and chemical engineering curriculum and research training, as
appropriate to that level of education and training; and
(2) incorporating sustainable chemistry into existing
Foundation research and development programs.
SEC. 10351. RISK AND RESILIENCE RESEARCH.
The Director shall make awards on a competitive basis to
institutions of higher education or non-profit organizations
(or consortia of such institutions or organizations) to
advance knowledge of risk assessment and predictability and
to support the creation of tools and technologies, including
advancing data analytics and utilization of artificial
intelligence, for increased resilience through--
(1) improvements in our ability to understand, model, and
predict extreme events and natural hazards;
(2) the creation of novel engineered systems solutions for
resilient complex infrastructures, particularly those that
address critical interdependence among infrastructures and
leverage the growing infusion of cyber-physical-social
components into the infrastructures;
(3) development of equipment and instrumentation for
innovation in resilient engineered infrastructures;
(4) multidisciplinary research on the behaviors individuals
and communities engage in to detect, perceive, understand,
predict, assess, mitigate, and prevent risks and to improve
and increase resilience; and
(5) advancements in multidisciplinary wildfire science,
including those related to air quality impacts, human
behavior, and early detection and warning.
SEC. 10352. UNMANNED AIRCRAFT SYSTEMS TECHNOLOGIES.
In coordination with the Administrator of the Federal
Aviation Administration and the Administrator of the National
Aeronautics and Space Administration, the Director shall
carry out a program of research and related activities
related to unmanned aircraft system technologies, which may
include a prize competition pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719) and support for undergraduate and graduate curriculum
development.
SEC. 10353. ACCELERATING UNMANNED MARITIME SYSTEMS
TECHNOLOGIES.
(a) In General.--In order to support advances in marine
science, maritime domain awareness, and national security the
Director, in consultation with the Under Secretary of
Commerce for Oceans and Atmosphere and the Commandant of the
Coast Guard, shall issue awards, on a competitive basis, to
institutions of higher education or nonprofit organizations
(or consortia of such institutions or organizations) to
support research that will accelerate innovation to advance
unmanned maritime systems for the purpose of providing
greater maritime domain awareness to the Nation.
(b) Coordination.--In implementing this section, the
Director shall coordinate with the Coast Guard, the
Department of Defense, the National Oceanic and Atmospheric
Administration, and other Federal agencies, including those
established under the Commercial Engagement Through Ocean
Technology Act of 2018 (Public Law 115-394).
SEC. 10354. LEVERAGING INTERNATIONAL EXPERTISE IN RESEARCH.
The Director shall explore and advance opportunities for
leveraging international capabilities and resources that
align with the Foundation and United States research
community priorities and have the potential to benefit United
States prosperity, security, health, and well-being,
including through binational research and development
organizations and foundations and by sending teams of
Foundation scientific staff for site visits of scientific
facilities and agencies in other countries. The Director
shall establish and implement policies, including through any
research security training requirements, to mitigate the
potential risks of such interactions, including risks to the
protection of intellectual property and the risk of undue
foreign influence on research.
SEC. 10355. BIOLOGICAL RESEARCH COLLECTIONS.
(a) In General.--The Director shall continue to support
databases, tools, methods, and other activities that secure
and improve existing physical and digital biological research
collections, improve the accessibility of collections and
collection-related data for research and educational
purposes, develop capacity for curation and collection
management, and to transfer ownership of collections that are
significant to the biological research community, including
to museums and universities.
(b) Specimen Management Plan.--In consultation with other
relevant Federal research agencies, and as the Director
determines is appropriate, the Director shall require that
proposals submitted to the Foundation for funding for
research that involves collecting or generating specimens
include, as part of the data management plan under section
10344, a description of how the specimens and associated data
will be accessioned into and maintained in an established
biological collection.
(c) Action Center for Biological Collections.--In
coordination with other relevant Federal research agencies,
as appropriate, the Director shall make awards on a
competitive basis to institutions of higher education or non-
profit organizations (or consortia of such institutions or
organizations) to facilitate coordination and data sharing
among communities of practice for research, education,
workforce training, evaluation, and business model
development, including by establishing an Action Center for
Biological Collections.
SEC. 10356. CLEAN WATER RESEARCH AND TECHNOLOGY ACCELERATION.
The Director shall make awards on a competitive, merit-
reviewed basis to institutions of higher education or non-
profit organizations (or consortia of such institutions or
organizations) to--
(1) support transdisciplinary research to significantly
advance our understanding of water availability, quality, and
dynamics and the impact of human activity and a changing
climate on urban and rural water and wastewater systems,
including in low-income, underserved, and disadvantaged
communities;
(2) develop, pilot, and deploy innovative technologies,
systems, and other approaches to identifying and addressing
challenges that affect water availability, quality, and
security, including through direct engagement with affected
communities and partnerships with the private sector, State,
territorial, Tribal, and local governments, non-profit
organizations and water management professionals; and
(3) grow the scientific workforce capable of studying and
managing water and wastewater systems and of conducting
wastewater surveillance, through education, training, and
other professional development.
SEC. 10357. TECHNOLOGY AND BEHAVIORAL SCIENCE RESEARCH.
(a) In General.--The Director shall make awards on a merit-
reviewed, competitive basis for research and development to--
(1) increase understanding of social media and consumer
technology access and use patterns and related mental health,
behavioral, and substance use disorder issues, particularly
for children and adolescents; and
(2) explore the role of social media and consumer
technology in rising rates of mental
[[Page H7325]]
health and substance use disorder issues, including within
communities experiencing long-term economic distress.
(b) Coordination to Avoid Duplication.--In making awards
under this subsection, the Director shall, for purposes of
avoiding duplication of activities and research, consult,
collaborate, and coordinate with the heads of other relevant
Federal departments and agencies, including the Department of
Health and Human Services.
SEC. 10358. MANUFACTURING RESEARCH AMENDMENT.
Section 506(a) of the America COMPETES Reauthorization Act
of 2010 (42 U.S.C. 1862p-1(a)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6)--
(A) by striking ``and'' before ``virtual manufacturing'';
and
(B) by striking the period at the end and inserting ``; and
artificial intelligence and machine learning; and''; and
(3) by adding at the end the following:
``(7) additive manufacturing, including new material
designs, complex materials, rapid printing techniques, and
real-time process controls.''.
SEC. 10359. CRITICAL MINERALS MINING RESEARCH AND
DEVELOPMENT.
(a) Critical Minerals Mining Research and Development at
the Foundation.--
(1) In general.--In order to support supply chain
resiliency, the Director shall make awards, on a competitive
basis, to institutions of higher education or nonprofit
organizations (or consortia of such institutions or
organizations) to support basic research that will accelerate
innovation to advance critical minerals mining strategies and
technologies for the purpose of making better use of domestic
resources and eliminating national reliance on minerals and
mineral materials that are subject to supply disruptions.
(2) Use of funds.--Activities funded by an award under this
section may include--
(A) advancing mining research and development activities to
develop new mapping and mining technologies and techniques,
including advanced critical mineral extraction and
production, separation, alloying, or processing techniques
and technologies that can decrease energy intensity to
improve existing or to develop new supply chains of critical
minerals, and to yield more efficient, economical, and
environmentally benign mining practices;
(B) advancing critical mineral processing research
activities to improve separation, alloying, manufacturing, or
recycling techniques and technologies that can decrease the
energy intensity, waste, potential environmental impact, and
costs of those activities;
(C) conducting long-term earth observation of reclaimed
mine sites, including the study of the evolution of microbial
diversity at such sites;
(D) examining the application of artificial intelligence
for geological exploration of critical minerals, including
what size and diversity of data sets would be required;
(E) examining the application of machine learning for
detection and sorting of critical minerals, including what
size and diversity of data sets would be required;
(F) conducting detailed isotope studies of critical
minerals and the development of more refined geologic models;
(G) improved understanding of the geological and
geochemical processes through which critical minerals form
and are concentrated into economically viable deposits; or
(H) providing training and research opportunities to
undergraduate and graduate students to prepare the next
generation of mining engineers and researchers.
(3) Existing programs.--The Director shall ensure awards
made under this subsection are complementary and not
duplicative of existing programs across the Foundation and
Federal Government.
(b) Critical Materials Interagency Subcommittee.--
(1) In general.--The Critical Minerals Subcommittee of the
National Science and Technology Council (referred to in this
section as the ``Subcommittee''), shall coordinate Federal
science and technology efforts to ensure secure, reliable,
and environmentally sustainable supplies of critical
materials to the United States.
(2) Purposes.--The purposes of the Subcommittee shall be--
(A) to advise and assist the National Science and
Technology Council, including the Committee on Homeland and
National Security, on United States policies, procedures, and
plans as it relates to critical materials, including--
(i) Federal research, development, and commercial
application efforts to minimize the environmental impacts of
methods for extractions, concentration, separation and
purification of conventional, secondary, and unconventional
sources of critical materials;
(ii) efficient use, substitution, and reuse of critical
materials;
(iii) the critical materials workforce of the United
States; and
(iv) United States private industry investments in
innovation and technology transfer from federally funded
science and technology;
(B) to identify emerging opportunities, stimulate
international cooperation, and foster the development of
secure and reliable supply chains of critical materials and
establish scenario modeling systems for supply problems of
critical materials and energy critical materials;
(C) to ensure the transparency of information and data
related to critical materials; and
(D) to provide recommendations on coordination and
collaboration among the research, development, and deployment
programs and activities of Federal agencies to promote a
secure and reliable supply of critical materials necessary to
maintain national security, economic well-being, public
health, and industrial production.
(3) Responsibilities.--In carrying out this subsection, the
Subcommittee may, taking into account the findings and
recommendations of relevant advisory committees--
(A) provide recommendations on how Federal agencies may
improve the topographic, geologic, and geophysical mapping of
the United States and improve the discoverability,
accessibility, and usability of the resulting and existing
data, to the extent permitted by law and subject to
appropriate limitation for purposes of privacy and security;
(B) assess the progress towards developing critical
materials recycling and reprocessing technologies, and
technological alternatives to critical materials;
(C) establish a mechanism for the coordination and
evaluation of Federal programs with critical material needs,
including Federal programs involving research and
development, in a manner that complements related efforts
carried out by the private sector and other domestic and
international agencies and organizations;
(D) examine options for accessing and developing critical
materials through investment and trade with our allies and
partners and provide recommendations;
(E) evaluate and provide recommendations to incentivize the
development and use of advances in science and technology in
the private industry;
(F) assess the need for and make recommendations to address
the challenges the United States critical materials supply
chain workforce faces, including aging and retiring personnel
and faculty, and foreign competition for United States
talent;
(G) develop, and update as necessary, a strategic plan to
guide Federal programs and activities to enhance scientific
and technical capabilities across critical material supply
chains, including a roadmap that identifies key research and
development needs and coordinates on-going activities for
source diversification, more efficient use, recycling, and
substitution for critical materials; as well as cross-cutting
mining science, data science techniques, materials science,
manufacturing science and engineering, computational
modeling, and environmental health and safety research and
development;
(H) assess the need for, and make recommendations
concerning, the availability and adequacy of the supply of
technically trained personnel necessary for critical
materials research, development, extraction, and industrial
production, with a particular focus on the problem of
attracting and maintaining high-quality professionals for
maintaining an adequate supply of energy critical materials;
and
(I) report to the appropriate Congressional committees on
activities and findings under this section.
(c) Definitions of Critical Mineral and Critical Mineral or
Metal.--In this section, the terms ``critical mineral'' and
``critical mineral or metal'' include any host mineral of a
critical mineral (within the meaning of those terms in
section 7002 of title VII of division Z of the Consolidated
Appropriations Act, 2021 (Public Law 116-260)).
SEC. 10360. STUDY OF AI RESEARCH CAPACITY.
(a) In General.--The Director shall conduct a study or
support the development of a study by a qualified independent
organization as determined by the Director, on artificial
intelligence research capacity at United States institutions
of higher education.
(b) Study Contents.--The Director shall ensure that, at a
minimum, the study under subsection (a) addresses the
following topics:
(1) Which universities are putting out significant peer-
reviewed artificial intelligence research, including based on
quantity and number of citations.
(2) For each of the universities described in paragraph
(1), what specific factors enable their AI research,
including computing power, data set availability, specialized
curriculum, faculty and graduate students, sources of Federal
and non-Federal research funding, and industry and other
partnerships.
(3) Promising practices at universities described in
paragraph (1) for advancing diversity, equity, and inclusion
in AI research programs.
(4) Geographic diversity across the country of universities
with the factors identified in paragraph (2).
(5) How universities not included in paragraph (1) could
implement the factors in paragraph (2) to produce AI
research, as well as case studies that universities can look
to as examples and potential pilot programs that the Federal
Government could develop or support to help universities
produce AI research.
(c) Workshops.--The Director may support workshops to help
inform the study required under this subsection.
(d) Publication.--The Director shall ensure that the study
carried out under this subsection is made publicly available
not later than 12 months after the date of enactment of this
Act.
(e) Avoid Duplication.--The Director shall ensure that the
activities carried out under this section are not duplicative
of activities supported by other parts of the Foundation or
other relevant Federal agencies, including but not limited to
the activities of the National AI Research Resource Task
Force.
SEC. 10361. ADVANCING IOT FOR PRECISION AGRICULTURE
CAPABILITIES ACT.
(a) Short Title.--This section may be cited as the
``Advancing IoT for Precision Agriculture Act of 2021''.
(b) Purpose.--It is the purpose of this section to promote
scientific research and development opportunities for
connected technologies that advance precision agriculture
capabilities.
(c) Foundation Directive on Agricultural Sensor Research.--
In making awards under
[[Page H7326]]
the sensor systems and networked systems programs of the
Foundation, the Director shall include in consideration of
portfolio balance research and development on sensor
connectivity in environments of intermittent connectivity and
intermittent computation--
(1) to improve the reliable use of advance sensing systems
in rural and agricultural areas; and
(2) that considers--
(A) direct gateway access for locally stored data;
(B) attenuation of signal transmission;
(C) loss of signal transmission; and
(D) at-scale performance for wireless power.
(d) Updating Considerations for Precision Agriculture
Technology Within the NSF Advanced Technical Education
Program.--Section 3 of the Scientific and Advanced-Technology
Act of 1992 (42 U.S.C. 1862i), as amended by section 10312,
is further amended--
(1) in subsection (d)(2), by adding at the end the
following:
``(G) applications that incorporate distance learning tools
and approaches.''; and
(2) in subsection (e)(3)--
(A) in subparagraph (C), by striking ``and'' after the
semicolon;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(E) applications that incorporate distance learning tools
and approaches.''.
(e) GAO Review.--Not later than 18 months after the date of
enactment of this section, the Comptroller General of the
United States shall provide--
(1) a technology assessment of precision agriculture
technologies, such as the existing use of--
(A) sensors, scanners, radio-frequency identification, and
related technologies that can monitor soil properties,
irrigation conditions, and plant physiology;
(B) sensors, scanners, radio-frequency identification, and
related technologies that can monitor livestock activity and
health;
(C) network connectivity and wireless communications that
can securely support digital agriculture technologies in
rural and remote areas;
(D) aerial imagery generated by satellites or unmanned
aerial vehicles;
(E) ground-based robotics;
(F) control systems design and connectivity, such as smart
irrigation control systems;
(G) Global Positioning System-based applications; and
(H) data management software and advanced analytics that
can assist decision making and improve agricultural outcomes;
and
(2) a review of Federal programs that provide support for
precision agriculture research, development, adoption,
education, or training, in existence on the date of enactment
of this section.
SEC. 10362. ASTRONOMY AND SATELLITE CONSTELLATIONS.
The Director shall support research into and the design,
development, and testing of mitigation measures to address
the potential impact of satellite constellations on
Foundation scientific programs by--
(1) making awards on a competitive basis to support study
of the potential impacts of satellite constellations on
ground-based optical, infrared, and radio astronomy,
including through existing programs such Spectrum and
Wireless Innovation enabled by Future Technologies (SWIFT)
and the Spectrum Innovation Initiative;
(2) supporting research on potential satellite impacts and
benefits and mitigation strategies to be carried out at one
or more Foundation supported Federally Funded Research and
Development Centers or major multiuser research facilities as
defined in section 110(g) of the American Innovation and
Competitiveness Act (42 U.S.C. 1862s-2(g)), as appropriate;
and
(3) supporting workshops related to the potential impact of
satellite constellations on scientific research and how those
constellations could be used to improve scientific research.
SEC. 10363. RESEARCH ON THE IMPACT OF INFLATION.
(a) In General.--The Director may make awards, on a
competitive merit-reviewed basis, to institutions of higher
education or nonprofit organizations (or consortia of such
institutions or organizations) to support research to improve
our understanding of the impact of inflation.
(b) Use of Funds.--Activities funded by an award under this
section may include--
(1) measuring the economic impact of inflation on the
American people, including an analysis of cost-of-living and
wage impacts;
(2) considering the impact of inflation on American
international competitiveness;
(3) evaluating the impact of inflation on rural and
underserved communities throughout the country;
(4) assessing the ways inflation could impact future
American generations; and
(5) evaluating the impact of policymaking on inflation,
including the impact of further Government spending.
(c) Coordination to Avoid Duplication.--In making awards
under this section, the Director shall, for purposes of
avoiding duplication of activities and research, consult,
collaborate, and coordinate with the programs and policies of
other relevant Federal agencies.
SEC. 10364. MICROGRAVITY UTILIZATION POLICY.
(a) Sense of Congress.--It is the sense of Congress that
space technology and the utilization of the microgravity
environment for science, engineering, and technology
development is critical to long-term competitiveness with
near-peer competitors, including China.
(b) Policy.--To the extent appropriate during an award
period, the Foundation shall facilitate access by recipients
of Foundation awards to the microgravity environment,
including in private sector platforms, for the development of
science, engineering, and technology relevant to the award.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Director shall provide to the
appropriate committees of Congress a report on the
Foundation's plan for facilitating awardee access to the
microgravity environment.
SEC. 10365. RECOGNITION OF THE ARECIBO OBSERVATORY.
(a) Findings.--Congress finds the following:
(1) The Department of Defense began developing the Arecibo
Observatory located in Barrio Esperanza, Arecibo, Puerto
Rico, during the 1950s, and its characteristic instrument, a
large radio telescope of 305 meters in diameter was completed
in 1963.
(2) The facility was later owned by the National Science
Foundation, and supported by the National Aeronautics and
Space Administration and various university partners.
(3) The Arecibo Observatory's 305-meter fixed spherical
radio telescope, was the world's largest single-dish radio
telescope until the Five-Hundred-Meter Aperture Spherical
Radio Telescope located in Gizhou, China, began observing in
2016.
(4) The 305-meter radio telescope made unparalleled
contributions to the fields of radio astronomy, planetary,
and atmospheric sciences, and played a role in inspiring
thousands of students in Puerto Rico, the Nation, and the
world to pursue careers in STEM fields through the Arecibo
Observatory Education and Public Outreach Programs.
(5) The radio telescope significantly advanced the field of
radio astronomy, including the first indirect detection of
gravitational waves, the first detection of extrasolar
planets, innumerable contributions to the field of time
domain astronomy and the study of the interstellar medium,
and played a key role in the search for extraterrestrial
intelligence.
(6) The Arecibo Observatory had the best planetary radar
system in the world, used by the National Aeronautics and
Space Administration for near-Earth object detection and was
an essential part of the agency's planetary defense program.
(7) The planetary radar at the Arecibo Observatory has
contributed fundamentally and significantly to the knowledge
of the solar system.
(8) The Arecibo Observatory's Incoherent Scatter Radar and
supporting facilities have provided fundamental understanding
of the ionosphere and upper atmosphere, and the interface
between the atmosphere and space that protects the planet
from solar wind, meteors, and other potential threats.
(9) December 1, 2021, marks the 1-year anniversary of the
uncontrolled collapse sustained by the radio telescope after
a series of cable failures in tower 4.
(b) Sense of Congress.--It is the sense of Congress that
the Congress--
(1) acknowledges the loss of the Arecibo Observatory's
radio telescope due to its collapse and its implications for
the loss of a unique world-class multidisciplinary science
facility which conducted research in the areas of space and
atmospheric sciences, radar astronomy and planetary sciences,
astronomy, and astrophysics;
(2) acknowledges that the uncontrolled collapse of the 305-
meter radio telescope represents a loss of astronomical
observation capabilities, scientific research and
development, planetary defense capabilities, and applied
science capabilities for the United States;
(3) recognizes the rich scientific, educational, and
economic benefits that the Arecibo Telescope has made to the
people of Puerto Rico, the Nation, and the world;
(4) recognizes the work and contributions made by the
thousands of dedicated staff who have supported the Arecibo
Observatory for close to 6 decades;
(5) commends the National Science Foundation for convening
a virtual workshop in June 2021, to explore ideas for future
scientific and educational activities at the Arecibo
Observatory; and
(6) encourages the National Science Foundation, in
consultation with other Federal agencies, to explore
opportunities for strengthening and expanding the role of the
Arecibo Observatory in Puerto Rico through education,
outreach, and diversity programs, and future research
capabilities and technology at the site.
Subtitle F--Research Infrastructure
SEC. 10371. FACILITY OPERATION AND MAINTENANCE.
(a) In General.--The Director shall continue the Facility
Operation Transition pilot program for a total of 5 years.
(b) Cost Sharing.--The Facility Operation Transition
program shall provide funding for 10 to 50 percent of the
operations and maintenance costs for major research
facilities that are within the first five years of operation,
where the share is determined based on--
(1) the operations and maintenance costs of the major
research facility; and
(2) the capacity of the managing directorate or division to
absorb such costs.
(c) Report.--After the fifth year of the pilot program, the
Director shall transmit a report to Congress that includes--
(1) an assessment, that includes feedback from the research
community, of the effectiveness of the pilot program for--
(A) supporting research directorates and divisions in
balancing investments in research grants and funding for the
initial operation and maintenance of major facilities;
(B) incentivizing the development of new world-class
facilities;
(C) facilitating interagency and international
partnerships;
[[Page H7327]]
(D) funding core elements of multi-disciplinary facilities;
and
(E) supporting facility divestment costs; and
(2) if deemed effective, a plan for permanent
implementation of the pilot program.
SEC. 10372. REVIEWS.
The Director shall periodically carry out reviews within
each of the directorates and divisions to assess the cost and
benefits of extending the operations of research facilities
that have exceeded their planned operational lifespan.
SEC. 10373. HELIUM CONSERVATION.
(a) Major Research Instrumentation Support.--
(1) In general.--The Director shall support, through the
Major Research Instrumentation program, proposal requests
that include the purchase, installation, operation, and
maintenance of equipment and instrumentation to reduce
consumption of helium.
(2) Cost sharing.--The Director may waive the cost-sharing
requirement for helium conservation measures for non-Ph.D.-
granting institutions of higher education and Ph.D.-granting
institutions of higher education that are not ranked among
the top 100 institutions receiving Federal research and
development funding, as documented by the National Center for
Science and Engineering Statistics.
(b) Annual Report.--No later than 1 year after the date of
enactment of this Act and annually for the subsequent two
years, the Director shall submit an annual report to Congress
on the use of funding awarded by the Foundation for the
purchase and conservation of helium. The report should
include--
(1) the volume and price of helium purchased;
(2) changes in pricing and availability of helium; and
(3) any supply disruptions impacting a substantial number
of institutions.
SEC. 10374. ADVANCED COMPUTING.
(a) Computing Needs.--To gather information about the
computational needs of Foundation-funded projects, the
Director shall require award proposals submitted to the
Foundation, as appropriate, to include estimates of
computational resource needs for projects that require use of
advanced computing. The Director shall encourage and provide
access to tools that facilitate the inclusion of these
measures, including those identified in the 2016 National
Academies report entitled ``Future Directions for NSF
Advanced Computing Infrastructure to Support U.S. Science and
Engineering in 2017-2020''.
(b) Reports.--The Director shall document and publish every
two years a summary of the amount and types of advanced
computing capabilities that are needed to fully meet the
Foundation's project needs as identified under subsection
(a).
(c) Roadmap.--To set priorities and guide strategic
decisions regarding investments in advanced computing
capabilities, the Director shall develop, publish, and
regularly update a 5-year advanced computing roadmap that--
(1) describes the advanced computing resources and
capabilities that would fully meet anticipated project needs,
including through investments in the Mid-Scale Research
Infrastructure program and the Major Research Equipment and
Facilities Construction account;
(2) draws on community input, information contained in
research proposals, allocation requests, insights from
Foundation-funded cyber-infrastructure operators, and
Foundation-wide information gathering regarding community
needs;
(3) considers computational needs of planned major
facilities;
(4) reflects anticipated technology trends;
(5) informs users and potential partners about future
facilities and services;
(6) addresses the needs of groups historically
underrepresented in STEM and geographic regions with low
availability and high demand for advanced computing
resources;
(7) considers how Foundation-supported advanced computing
capabilities can be leveraged for activities through the
Directorate for Technology, Innovation, and Partnerships; and
(8) provides an update to Congress about the level of
funding necessary to fully meet computational resource needs
for the research community.
(d) Securing American Research From Cyber Theft.--
(1) Networking and information technology research and
development update.--Section 101(a)(1) of the High-
Performance Computing Act of 1991 (15 U.S.C. 5511) is
amended--
(A) by moving the margins of subparagraph (D) and each of
subparagraphs (J) through (O) two ems to the left;
(B) by redesignating subparagraphs (J) through (O) as
subparagraphs (K) through (P), respectively; and
(C) by inserting after subparagraph (I) the following:
``(J) provide for improving the security, reliability, and
resiliency of computing and networking systems used by
institutions of higher education and other nonprofit research
institutions for the processing, storage and transmission of
sensitive federally funded research and associated data;''.
(2) Computing enclave pilot program.--
(A) In general.--The Director, in consultation with the
Director of the National Institute of Standards and
Technology and the Secretary of Energy, and the heads of
other relevant Federal departments and agencies, shall
establish a pilot program to make awards to ensure the
security of federally supported research data and to assist
regional institutions of higher education and their
researchers in compliance with regulations regarding the
safeguarding of sensitive information and other relevant
regulations and Federal guidelines.
(B) Structure.--In carrying out the pilot program
established pursuant to subparagraph (A), the Director shall
select, for the development, installation, maintenance, or
sustainment of secure computing enclaves, three institutions
of higher education that have an established graduate student
program and a demonstrated history of working with secure
information, consistent with appropriate security protocols.
(C) Regionalization.--
(i) In general.--In selecting universities pursuant to
subparagraph (B), the Director shall give preference to
institutions of higher education with the capability of
serving other regional universities.
(ii) Geographic dispersal.--The enclaves should be
geographically dispersed to better meet the needs of regional
interests.
(D) Program elements.--The Director shall work with
institutions of higher education selected pursuant to
subparagraph (B) to--
(i) develop an approved design blueprint for compliance
with Federal data protection protocols;
(ii) develop a comprehensive and confidential list, or a
bill of materials, of each binary component of the software,
firmware, or product that is required to deploy additional
secure computing enclaves;
(iii) develop templates for all policies and procedures
required to operate the secure computing enclave in a
research setting;
(iv) develop a system security plan template; and
(v) develop a process for managing a plan of action and
milestones for the secure computing enclave.
(E) Sustainability.--In reviewing applications for awards,
the Director shall review and consider plans and prospects of
the applicant institution of higher education to ensure long-
term sustainability of the computing enclave, beyond the
availability of Federal funds.
(F) Duration.--Subject to other availability of
appropriations, the pilot program established pursuant to
subparagraph (A) shall operate for not less than 3 years.
(G) Report.--
(i) In general.--The Director shall report to Congress not
later than 6 months after the completion of the pilot program
under subparagraph (A).
(ii) Contents.--The report required under clause (i) shall
include--
(I) an assessment of the pilot program under subparagraph
(A), including an assessment of the security benefits
provided by such secure computing enclaves;
(II) recommendations related to the value of expanding the
network of secure computing enclaves; and
(III) recommendations on the efficacy of the use of secure
computing enclaves by other Federal agencies in a broader
effort to expand security of Federal research.
(H) Authorization of appropriations.--There is authorized
to be appropriated to the Director, $38,000,000 for fiscal
years 2023 through 2025, to carry out the activities outlined
in this paragraph.
SEC. 10375. NATIONAL SECURE DATA SERVICE.
(a) In General.--The Director, in consultation with the
Director of the Office of Management and Budget and the
interagency committee established under section 5103 of the
National Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9415), shall establish a demonstration project to
develop, refine, and test models to inform the full
implementation of the Commission on Evidence-Based
Policymaking recommendation for a governmentwide data linkage
and access infrastructure for statistical activities
conducted for statistical purposes, as defined in chapter 35
of title 44, United States Code.
(b) Establishment.--Not later than one year after the date
of enactment of this Act, the Director shall establish a
National Secure Data Service demonstration project. The
National Secure Data Service demonstration project shall be--
(1) aligned with the principles, best practices, and
priority actions recommended by the Advisory Committee on
Data for Evidence Building, to the extent feasible; and
(2) operated directly by or via a contract that is managed
by the National Center for Science and Engineering
Statistics.
(c) Data.--In carrying out this section, the Director shall
engage with Federal and State agencies to collect, acquire,
analyze, report, and disseminate statistical data in the
United States and other nations to support governmentwide
evidence-building activities consistent with the Foundations
for Evidence-Based Policymaking Act of 2018.
(d) Voluntary Participation.--Participation in the National
Secure Data Service demonstration project by Federal and
State agencies shall be voluntary.
(e) Privacy and Confidentiality Protections.--If the
Director issues a management contract under subsection (b),
the recipient shall be designated as an ``agent'' under
subchapter III of chapter 35 of title 44, United States Code,
with all requirements and obligations for protecting
confidential information delineated in the Confidential
Information Protection and Statistical Efficiency Act of 2018
and the Privacy Act of 1974.
(f) Technology and Privacy Standards.--In carrying out this
subsection, the Director shall--
(1) consider application and use only of systems and
technologies that incorporate protection measures to
reasonably ensure confidential data and statistical products
are protected in accordance with obligations under subchapter
III of chapter 35 of title 44, United States Code, including
systems and technologies that ensure--
(A) raw data and other sensitive inputs are not accessible
to recipients of statistical outputs from the National Secure
Data Service demonstration project;
[[Page H7328]]
(B) no individual entity's data or information is revealed
by the National Secure Data Service demonstration project
platform to any other party in an identifiable form;
(C) no information about the data assets used in the
National Secure Data Service demonstration project is
revealed to any other party, except as incorporated into the
final statistical output;
(D) the National Secure Data Service demonstration project
permits only authorized analysts to perform statistical
queries necessary to answer approved project questions, and
prohibits any other queries; and
(E) the National Secure Data Service demonstration project
conducts privacy risk assessments to minimize the privacy
risks to individual entities whose data has been made
available by a reporting entity, including those privacy
risks that could result from data breaches of any system
operated by the reporting entity, as well as for determining
approved project questions under subparagraph (D) to minimize
the privacy risks to individuals affected by uses of the
statistical output; and
(2) the National Secure Data Service demonstration project
shall implement reasonable measures commensurate with the
risks to individuals' privacy to achieve the outcomes under
subparagraphs (A) through (E) of paragraph (1), which may
include the appropriate application of privacy-enhancing
technologies and appropriate measures to minimize or prevent
reidentification risks consistent with any applicable
guidance or regulations issued under subchapter III of
chapter 35 of title 44, United States Code.
(g) Transparency.--The National Secure Data Service
established under subsection (b) shall maintain a public
website with up-to-date information on supported projects.
(h) Report.--Not later than 2 years after the date of
enactment of this Act, the National Secure Data Service
demonstration project established under subsection (b) shall
submit a report to Congress that includes--
(1) a description of policies for protecting data,
consistent with applicable Federal law;
(2) a comprehensive description of all completed or active
data linkage activities and projects;
(3) an assessment of the effectiveness of the demonstration
project for mitigating risks and removing barriers to a
sustained implementation of the National Secure Data Service
as recommended by the Commission on Evidence-Based
Policymaking; and
(4) if deemed effective by the Director, a plan for scaling
up the demonstration project to facilitate data access for
evidence building while ensuring transparency and privacy.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Director to carry out this
subsection $9,000,000 for each of fiscal years 2023 through
2027.
Subtitle G--Directorate for Technology, Innovation, and Partnerships
SEC. 10381. ESTABLISHMENT.
There is established within the Foundation the Directorate
for Technology, Innovation, and Partnerships to advance
research and development, technology development, and related
solutions to address United States societal, national, and
geostrategic challenges, for the benefit of all Americans.
SEC. 10382. PURPOSES.
The purposes of the Directorate established under section
10381 are to--
(1) support use-inspired and translational research and
accelerate the development and use of federally funded
research;
(2) strengthen United States competitiveness by
accelerating the development of key technologies; and
(3) grow the domestic workforce in key technology focus
areas, and expand the participation of United States students
and researchers in areas of societal, national, and
geostrategic importance, at all levels of education.
SEC. 10383. ACTIVITIES.
Subject to the availability of appropriated funds, the
Director shall achieve the purposes described in section
10382 by making awards through the Directorate that--
(1) support transformational advances in use-inspired and
translational research and technology development, including
through diverse funding mechanisms and models at different
scales, to include convergence accelerators and projects
designed to achieve specific technology metrics or
objectives;
(2) encourage the translation of research into innovations,
processes, and products, including by--
(A) engaging researchers on topics relevant to United
States societal, national, and geostrategic challenges,
including by educating researchers on engaging with end users
and the public;
(B) advancing novel approaches and reducing barriers to
technology transfer, including through intellectual property
frameworks between academia and industry, nonprofit entities,
venture capital communities, and approaches to technology
transfer for applications with public benefit that may not
rely on traditional commercialization tools; and
(C) establishing partnerships that connect researchers and
research products to businesses, accelerators, and incubators
that enable research uptake, prototype development and
scaling, entrepreneurial education, and the formation and
growth of new companies;
(3) develop mutually-beneficial research and technology
development partnerships and collaborations among
institutions of higher education, including historically
Black colleges and universities, Tribal Colleges or
Universities, minority-serving institutions, emerging
research institutions, EPSCoR institutions, and nonprofit
organizations, labor organizations, businesses and other for-
profit entities, Federal or State agencies, local or Tribal
governments, civil society organizations, other Foundation
directorates, national labs, field stations and marine
laboratories, and, as appropriate, international entities and
binational research and development foundations and funds,
excluding foreign entities of concern;
(4) partner with other directorates and offices of the
Foundation for specific projects or research areas
including--
(A) to pursue basic questions about natural, human, and
physical phenomena that could enable advances in the
challenges and key technology focus areas under section
10387;
(B) to study questions that could affect the design
(including human interfaces), safety, security, operation,
deployment, or the social and ethical consequences of
technologies and innovations in the challenges and key
technology focus areas under section 10387, including the
development of technologies and innovations that complement
or enhance the abilities of workers and impact of specific
innovations on domestic jobs and equitable opportunity; and
(C) to further the creation of a domestic workforce capable
of advancing, using, and adapting to the key technology focus
areas;
(5) build capacity and infrastructure for use-inspired and
translational research at institutions of higher education
across the United States, including by making awards to
support administrative activities that advance development,
operation, integration, deployment, and sharing of
innovation;
(6) support the education, mentoring, and training of
undergraduate students, graduate students, and postdoctoral
researchers, to both advance use-inspired and translational
research and to address workforce challenges, through
scholarships, fellowships, and traineeships; and
(7) identify social, behavioral, and economic drivers and
consequences of technological innovations that could enable
advances in the challenges and key technology focus areas
under section 10387.
SEC. 10384. REQUIREMENTS.
In carrying out the activities under the Directorate, the
Director shall ensure the programmatic work of the
Directorate and Foundation--
(1) utilizes the full potential of the United States
workforce by avoiding undue geographic concentration of
research and development and education funding across the
United States, and encourages broader participation in the
key technology focus area workforce by populations
historically underrepresented in STEM; and
(2) incorporates a worker perspective through participation
by labor organizations and workforce training organizations.
SEC. 10385. ASSISTANT DIRECTOR.
(a) In General.--The Director shall appoint an Assistant
Director responsible for the management of the Directorate
established under this subtitle, in the same manner as other
Assistant Directors of the Foundation are appointed.
(b) Qualifications.--The Assistant Director shall be an
individual, who by reason of professional background and
experience, is specially qualified to--
(1) advise the Director on all matters pertaining to use-
inspired and translational research, development, and
commercialization at the Foundation, including partnership
with the private sector and other users of Foundation funded
research; and
(2) develop and implement the necessary policies and
procedures to promote a culture of use-inspired and
translational research within the Directorate and across the
Foundation and carry out the responsibilities under
subsection (c).
(c) Responsibilities.--The responsibilities of the
Assistant Director shall include--
(1) advising the Director on all matters pertaining to use-
inspired and translational research and development
activities at the Foundation, including effective practices
for convergence research, and the potential impact of
Foundation research on United States societal, national and
geostrategic challenges;
(2) identifying opportunities for and facilitating
coordination and collaboration, where appropriate, on use-
inspired and translational research, development, adoption,
and commercialization--
(A) among the offices, directorates, and divisions within
the Foundation; and
(B) between the Foundation and stakeholders in academia,
the private sector, including non-profit entities, labor
organizations, Federal or State agencies, and international
entities, as appropriate;
(3) ensuring that the activities carried out under this
subtitle do not substantially and unnecessarily duplicate
activities supported by other parts of the Foundation or
other relevant Federal agencies;
(4) approving all new programs within the Directorate;
(5) developing and testing diverse merit-review models and
mechanisms for selecting and providing awards for use-
inspired and translational research and development at
different scales, from individual investigator awards to
large multi-institution collaborations;
(6) assessing the success of programs;
(7) administering awards to achieve the purposes described
in section 10382; and
(8) performing other such duties pertaining to the purposes
in section 10382 as are required by the Director.
(d) Relationship to the Director.--The Assistant Director
shall report to the Director.
(e) Relationship to Other Programs.--No other directorate
within the Foundation shall report to the Assistant Director.
SEC. 10386. ADVISORY COMMITTEE.
(a) In General.--In accordance with the Federal Advisory
Committee Act (5 U.S.C. App.) the
[[Page H7329]]
Director shall establish an advisory committee to assess, and
make recommendations regarding, the activities carried out
under this subtitle.
(b) Membership.--The advisory committee members shall--
(1) be individuals with relevant experience or expertise,
including individuals from industry and national labs,
educators, academic subject matter experts, including
individuals with knowledge of key technology focus areas and
their impact on United States national security and
geostrategic leadership, the technical and social dimensions
of science and technology, technology transfer experts, labor
organizations, representatives of civil society, and other
nongovernmental organizations; and
(2) consist of at least 10 members broadly representative
of stakeholders, including no less than 3 members from the
private sector, none of whom shall be an employee of the
Federal Government, and no less than 1 member with
significant expertise in United States national security and
economic competitiveness.
(c) Responsibilities.--The Committee's responsibilities
shall include--
(1) reviewing and advising on activities carried out under
this subtitle;
(2) proposing strategies for fulfilling the purposes in
section 10382;
(3) proposing potential areas of research, particularly as
relevant to United States societal, national, and
geostrategic challenges; and
(4) other relevant issues as determined by the Director.
SEC. 10387. CHALLENGES AND FOCUS AREAS.
(a) In General.--In consultation with the Assistant
Director, the Board, and the interagency working group
established under subtitle F of title VI, the Director shall
identify, and annually review and update as appropriate, a
list of--
(1) not more than 5 United States societal, national, and
geostrategic challenges that may be addressed by technology
to guide activities under this subtitle; and
(2) not more than 10 key technology focus areas to guide
activities under this subtitle.
(b) Initial List of Societal, National, and Geostrategic
Challenges.--The initial list of societal, national, and
geostrategic challenges are the following:
(1) United States national security.
(2) United States manufacturing and industrial
productivity.
(3) United States workforce development and skills gaps.
(4) Climate change and environmental sustainability.
(5) Inequitable access to education, opportunity, or other
services.
(c) Initial List of Key Technology Focus Areas.--The
initial list of key technology focus areas are the following:
(1) Artificial intelligence, machine learning, autonomy,
and related advances.
(2) High performance computing, semiconductors, and
advanced computer hardware and software.
(3) Quantum information science and technology.
(4) Robotics, automation, and advanced manufacturing.
(5) Natural and anthropogenic disaster prevention or
mitigation.
(6) Advanced communications technology and immersive
technology.
(7) Biotechnology, medical technology, genomics, and
synthetic biology.
(8) Data storage, data management, distributed ledger
technologies, and cybersecurity, including biometrics.
(9) Advanced energy and industrial efficiency technologies,
such as batteries and advanced nuclear technologies,
including but not limited to for the purposes of electric
generation (consistent with section 15 of the National
Science Foundation Act of 1950 (42 U.S.C. 1874).
(10) Advanced materials science, including composites 2D
materials, other next-generation materials, and related
manufacturing technologies.
(d) Relationship Between United States Societal, National,
and Geostrategic Challenges and Key Technology Focus Areas.--
(1) In updating the list under subsection (a)(1), the
Director shall evaluate national and global technology
trends.
(2) In updating the list under subsection (a)(2), the
Director shall consider the impact of the selected
technologies on United States societal, national, and
geostrategic challenges.
(3) The list under subsection (a)(2) may, but is not
required to, align directly with the list under subsection
(a)(1).
(4) Nothing under this section shall prevent the Director
from making limited investments in technologies or areas not
identified in subsection (a)(1) or subsection (a)(2).
(e) Review and Updates.--The Director, in coordination with
the interagency working group established under subtitle F of
title VI and in consultation with the Director of National
Intelligence and the Director of the Federal Bureau of
Investigation, shall annually review and update as
appropriate, the list of key technology focus areas for
purposes of this division. As part of the annual review, the
Director--
(1) shall consider input from relevant industries and
stakeholders;
(2) may consider the challenges and recommendations
identified in the reports required by sections 206 and 206B
of the National Science and Technology Policy, Organization,
and Priorities Act of 1976, as added by section 10611 and
10613 of this division and in other relevant reports, such as
technology and global trend reports from the defense and
intelligence communities;
(3) shall consider the potential impact of the key
technology focus areas on addressing societal, national, and
geostrategic challenges; and
(4) subject to the limitation under subsection (a), may add
or delete key technology focus areas in light of shifting
national needs or competitive threats to the United States
(including for reasons of the United States or other
countries having advanced or fallen behind in a technological
area).
(f) Reporting.--At the conclusion of the annual review and
update process required by subsection (e), the Director, in
consultation with other Federal research agencies, as
appropriate, shall deliver a report to Congress detailing--
(1) the key technology focus areas and rationale for their
selection;
(2) the societal, national, and geostrategic challenges and
rationale for their selection;
(3) the role of the Foundation in advancing the key
technology focus areas;
(4) the impact, including to the academic research
community, of any changes to the key technology focus areas;
and
(5) the activities and partnerships between the Directorate
and the private sector.
(g) Detailed Description.--The National Science Foundation
shall, in coordination with the Office of Management and
Budget, submit as part of their annual budget requests to
Congress, a detailed description of the activities to be
funded under this subtitle, including an explanation of how
the requested funding is complementary and not redundant of
programs, efforts, and infrastructure undertaken or supported
by other relevant Federal agencies.
(h) National Academies.--Not later than 5 years after the
date of enactment of this Act, the Director shall contract
with the National Academies to conduct a review of the key
technology focus areas and the societal, national, and
geostrategic challenges, including--
(1) an assessment of their selection process;
(2) an assessment of their relevance to the purposes of the
Directorate, including to solving challenges with social,
economic, health, scientific, and national security
implications;
(3) a review of whether Federal investment in the key
technology focus areas have resulted in new domestic
manufacturing capacity and job creation;
(4) an assessment of any critical, new emerging areas;
(5) an assessment of Federal investments in education and
workforce development to support the key technology focus
areas; and
(6) an assessment of relative balance in leadership in
addressing the key technology focus areas between the United
States, allied and partner countries, and the People's
Republic of China.
SEC. 10388. REGIONAL INNOVATION ENGINES.
(a) In General.--From amounts made available to the
Directorate, the Director shall make awards to eligible
entities for the planning, establishment, and support of
Regional Innovation Engines.
(b) Purpose.--The purpose of the Regional Innovation
Engines shall be to--
(1) advance multidisciplinary, collaborative, use-inspired
and translational research, technology development, in key
technology focus areas;
(2) address regional, national, societal, or geostrategic
challenges;
(3) leverage the expertise of multi-disciplinary and multi-
sector partners, including partners from private industry,
nonprofit organizations, and civil society organizations; and
(4) support the development of scientific, innovation,
entrepreneurial, and STEM educational capacity within the
region of the Regional Innovation Engine to grow and sustain
regional innovation.
(c) Uses of Funds.--Funds awarded under this section may be
used by a Regional Innovation Engine to--
(1) conduct use-inspired and translational research and
technology development to advance innovation in at least one
of the key technology focus areas and to help solve a
compelling regional, national, societal, or geostrategic
challenge;
(2) further the development, adoption, and
commercialization of innovations in key technology focus
areas, including through support for proof-of-concept
development, and through partnership with other Federal
agencies and Federal laboratories, industry, including
startup companies, labor organizations, civil society
organizations, and State, territorial, local, and Tribal
governments;
(3) develop and manage, or facilitate access to, test beds
and instrumentation, which may include fabrication facilities
and cyberinfrastructure, to advance the development,
integration, and demonstration of new, innovative
technologies, including hardware or software;
(4) establish traineeship programs for graduate students
who pursue degrees and research related to the key technology
focus areas leading to a masters or doctorate degree by
providing funding and other assistance, and opportunities for
research experiences in government or industry related to the
students' studies;
(5) engage in outreach and engagement in the region to
broaden participation in the activities of the Regional
Innovation Engine; and
(6) reimburse, in part or in whole, the cost of
instrumentation, technology transfer, and commercialization
activities, including patenting and licensing, and for
operations and staff, as the Director determines appropriate.
(d) Selection Process.--In making awards under this
subtitle, the Director shall consider, in addition to the
scientific and technical merit of the proposal, the extent to
which the activities and locations proposed--
(1) have the potential to create an innovation ecosystem,
or enhance existing ecosystems and contribute to job creation
in a region;
(2) demonstrate a capacity to engage and partner with
multiple types of institutions of
[[Page H7330]]
higher education, industry, labor, nonprofit organizations,
civil society organizations, other Federal agencies, Federal
laboratories, State, local, and Tribal governments, and other
appropriate organizations, including to inform research
directions and account for ethical, societal, safety, and
security implications relevant to the potential applications
of the research;
(3) demonstrate a capacity to broaden participation of
populations historically underrepresented in STEM in the
activities of the Regional Innovation Engine; and
(4) demonstrate a plan and capability to prevent the
inappropriate use or dissemination of the research and
technology, including research results, data, and
intellectual property, as appropriate and consistent with the
requirements of the relevant award.
(e) Requirements.--
(1) Eligibility.--For the purposes of this section, an
``eligible entity'' means an institution of higher education,
a nonprofit organization, a private sector entity, or a
consortium thereof.
(2) Partnerships.--To be eligible for an award under this
section an eligible entity--
(A) shall include in its proposal partnership with 1 or
more institution that is--
(i) a historically Black college or university;
(ii) a Tribal College or University;
(iii) a minority-serving institution;
(iv) an EPSCoR institution;
(v) an emerging research institution; or
(vi) a community college;
(B) may include partnership with 1 or more--
(i) additional entities described in paragraph (2)(A);
(ii) industry entities, including startups, small
businesses, and public-private partnerships;
(iii) economic development organizations or venture
development organizations, as such terms are defined in
section 28(a) of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 13701 et seq.), as added by section
10621 of this division;
(iv) National Laboratories;
(v) Federal laboratories, as defined in section 4 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703);
(vi) Federal research facilities;
(vii) labor organizations;
(viii) entities described in paragraph (1) or (2) from
allied or partner countries;
(ix) other entities to be vital to the success of the
program, as determined by the Director;
(x) binational research and development foundations and
funds, excluding those affiliated with foreign entities of
concern, as defined in section 10612; and
(xi) Engineer Research and Development Center laboratories
of the Army Corps of Engineers; and
(C) shall include as part of its proposal a plan for--
(i) establishing a sustained partnership that is jointly
developed and managed, draws from the capacities of each
institution, and is mutually beneficial; and
(ii) documents governance and management plans, financial
contributions from non-Federal sources, and plans for
ownership and use of any intellectual property.
(3) Promoting partnerships.--In making awards under this
section, the Director shall encourage applicants for a
Regional Innovation Engine that include multiple regional
partners as described in subsection (e)(2).
(4) Geographic distribution.--In making awards under this
section, the Director shall take into consideration the
extent to which the proposals expand the geographic
distribution of the Regional Innovation Engines, including by
giving special consideration to rural-serving institutions of
higher education.
(5) Resource availability.--The Director shall ensure that
any eligible entity receiving an award under this section
shall--
(A) provide information on relevant currently existing
resources available to the proposing team from all internal
and external sources, including all partner organizations;
and
(B) include letters of collaboration from partner
organizations that include information on resource
contributions committed by such partners.
(f) Collaboration With Regional Technology Hubs.--Each
Regional Innovation Engine established under this section may
collaborate and participate in, as appropriate, the
activities of any regional technology hub designated under
section 28 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3701 et seq.), as added by section 10621.
(g) Duration.--
(1) Initial period.--An award under this section shall be
for an initial period of 5 years.
(2) Renewal.--An established Regional Innovation Engine may
apply for, and the Director may award, extended funding for
periods of 5 years on a merit-reviewed basis.
(h) Competitive, Merit-review.--In making awards under this
section, the Director shall--
(1) use a competitive, merit review process that includes
peer review by a diverse group of individuals with relevant
expertise from both the private and public sectors; and
(2) ensure the focus areas of the Regional Innovation
Engines do not substantially and unnecessarily duplicate the
efforts of any other Regional Innovation Engine or any other
similar effort at another Federal agency.
(i) Collaboration.--In making awards under this section,
the Director may collaborate with Federal departments and
agencies whose missions contribute to or are affected by the
technology focus area of the institute.
SEC. 10389. TRANSLATION ACCELERATOR.
(a) In General.--The Director shall establish Translation
Accelerators to further the research, development, and
commercialization of innovation in the key technology focus
areas.
(b) Partnerships.--
(1) In general.--Each Translation Accelerator shall be
comprised of a partnership including 2 or more of the
following entities:
(A) An institution of higher education.
(B) A for-profit company.
(C) A nonprofit organization.
(D) A Federal agency.
(E) Another entity, if that entity is determined by the
Director to be vital to the success of the program.
(2) Institutional or organizational level.--The Director
shall work to ensure that such partnerships exist at the
institutional or organization level, rather than solely at
the principal investigator level.
(3) Cost share.--Not less than 25 percent of the funding
for an institute shall be provided by non-Federal entities.
(4) Number of centers and institutes established.--The
Director shall endeavor to establish a balance in the number
of Regional Innovation Engines and Translation Accelerators.
(c) Authorization of Appropriations.--From within funds
authorized for the Directorate for Technology, Innovation,
and Partnerships, there are authorized to carry out the
activities under this section and section 10388
$6,500,000,000 for fiscal years 2023 through 2027.
SEC. 10390. TEST BEDS.
(a) Program Authorized.--
(1) In general.--From amounts made available for the
Directorate, the Director, in coordination with the Director
of the National Institute of Standards and Technology, the
Secretary of Energy, and other Federal agencies, as
determined appropriate by the Director, shall establish a
program in the Directorate to make awards, on a competitive
basis, to institutions of higher education, nonprofit
organizations, or consortia thereof to establish and operate
test beds, which may include fabrication facilities and
cyberinfrastructure, to advance the development, operation,
integration, deployment, and, as appropriate, demonstration
of new, innovative critical technologies, which may include
hardware or software.
(2) Coordination.--In establishing new test beds under this
section, the Director shall ensure coordination with other
test beds supported by the Foundation or other Federal
agencies to avoid duplication and maximize the use of Federal
resources.
(b) Proposals.--An applicant for an award under this
section shall submit a proposal to the Director, at such
time, in such manner, and containing such information as the
Director may reasonably require. The proposal shall, at a
minimum, describe--
(1) the technology or technologies that will be the focus
of the test bed;
(2) the goals of the work to be done at the test bed;
(3) how the applicant will assemble a workforce with the
skills needed to operate the test bed;
(4) how the applicant will ensure broad access to the test
bed;
(5) how the applicant will collaborate with firms in
critical technologies, including through coordinated research
and development and funding, to ensure that work in the test
bed will contribute to the commercial viability of any
technologies and will include collaboration from industry and
labor organizations;
(6) how the applicant will encourage the participation of
inventors and entrepreneurs and the development of new
businesses;
(7) how the applicant will increase participation by
populations that are underrepresented in STEM;
(8) how the applicant will demonstrate that the commercial
viability of any new technologies will support the creation
of high-quality domestic jobs;
(9) how the test bed will operate after Federal funding has
ended;
(10) how the test bed will disseminate lessons and other
technical information to United States entities or allied or
partner country entities in the United States; and
(11) how the applicant plans to take measures to prevent
the inappropriate use of research results, data, and
intellectual property, as applicable and consistent with the
requirements of the award.
(c) Authorized Use of Funds.--A recipient of an award under
this section may, consistent with the purposes of this
section, use the award for the purchase of equipment and for
the support of students, faculty and staff, and postdoctoral
researchers.
(d) Geographic Diversity.--In selecting award recipients
under this section, the Director shall consider the extent to
which proposals would expand the geographic diversity of test
beds.
SEC. 10391. PLANNING AND CAPACITY BUILDING AWARDS.
(a) In General.--Under the program established in section
508 of the America COMPETES Reauthorization Act of 2010 (42
U.S.C. 1862p-2) and the activities authorized under this
section, from amounts made available to the Directorate, the
Director, in coordination with other Federal agencies as
determined appropriate by the Director, shall make awards, on
a competitive basis, to eligible entities to advance the
development, adoption, and commercialization of technologies,
consistent with the purposes of the Directorate under section
10382.
(b) Eligible Entity.--To be eligible to receive an award
under this section, an entity shall be--
(1) an institution of higher education, which may be a
community college (or a consortium of such institutions);
(2) a nonprofit organization that is either affiliated with
an institution of higher education or designed to support
technology development or entrepreneurship; or
(3) a consortium that includes--
(A) an entity described in paragraph (1) or (2) as the lead
award recipient; and
[[Page H7331]]
(B) one or more additional individuals or entities, which
shall be--
(i) an economic development organization or similar entity
that is focused primarily on improving science, technology,
innovation, or entrepreneurship;
(ii) an industry organization or firm in a relevant
technology or innovation sector;
(iii) an industry-experienced executive with
entrepreneurship experience that is focused primarily on de-
risking technologies from both a scientific and a business
perspective; or
(iv) an individual or entity with industry and startup
expertise, including a mentor network, across relevant
technology or innovation sectors.
(c) Use of Funds.--In addition to activities listed under
section 10383, an eligible entity receiving an award under
this section may use funds to--
(1) identify academic research with the potential for
technology transfer and commercialization, particularly as
relevant to the purposes of the Directorate under section
10382;
(2) ensure the availability of staff, including technology
transfer professionals, entrepreneurs in residence, and other
mentors as required to accomplish the purpose of this
section;
(3) help offset the costs of patenting and licensing
research products, both domestically and internationally;
(4) revise institution policies, including policies related
to intellectual property and faculty entrepreneurship, and
taking other necessary steps to implement relevant best
practices for academic technology transfer;
(5) develop local, regional, and national partnerships
among institutions of higher education and between
institutions of higher education and private sector entities
and other relevant organizations, including investors, with
the purpose of building networks, expertise, and other
capacity to identify promising research that may have
potential market value and enable researchers to pursue
further development and transfer of their ideas into possible
commercial or other use;
(6) develop seminars, courses, and other educational
opportunities for students, post-doctoral researchers,
faculty, and other relevant staff at institutions of higher
education to increase awareness and understanding of
entrepreneurship, patenting, business planning, research
security, and other areas relevant to technology transfer,
and connect students and researchers to relevant resources,
including mentors in the private sector; and
(7) create, support, or fund entities or competitions to
allow entrepreneurial students and faculty to illustrate the
commercialization potential of their ideas, including through
venture funds of institution of higher education.
(d) Limitations on Funding.--
(1) Awards made under this section shall be at least 3
years in duration and shall not exceed $1,000,000 per fiscal
year.
(2) Awards made under this section shall not support the
development or operation of capital investment funds.
(e) Application.--An eligible entity seeking funding under
this section shall submit an application to the Director at
such time, in such manner, and containing such information
and assurances as such Director may require. The application
shall include, at a minimum, a description of--
(1) how the eligible entity submitting an application plans
to sustain the proposed activities beyond the duration of the
award;
(2) the steps the applicant will take to enable technology
transfer and adoption and why such steps are likely to be
effective;
(3) how the applicant will encourage the training and
participation of students and potential entrepreneurs and the
transition of research results to practice, including the
development of new businesses;
(4) as relevant, potential steps to drive economic growth
in a particular region, by collaborating with industry,
venture capital entities, non-profit organizations, and State
and local governments within that region; and
(5) background information that the Director determines is
relevant to demonstrate the success of the innovation and
entrepreneurship support models proposed by the applicant to
commercialize technologies.
(f) Collaborative Innovation Resource Center Program.--
(1) In general.--The Director shall make awards under this
section to eligible entities to establish collaborative
innovation resource centers that promote regional technology
transfer and technology development activities available to
more than one institution of higher education and to other
entities in a region.
(2) Use of funds.--An eligible entity that receives an
award under this subsection shall use award funds to carry
out one or more of the following activities, to the benefit
of the region in which the center is located:
(A) Providing start-ups and small business concerns (as
defined in section 3 of the Small Business Act (15 U.S.C.
632)) within the region with access to facilities, scientific
infrastructure, personnel, and other assets as required for
technology maturation.
(B) Supporting entrepreneurial training for start-up and
small business personnel.
(3) Providing engineering and entrepreneurial experiences
and hands-on training for students enrolled in participating
institutions of higher education.
(g) Reporting on Commercialization Metrics.--The Director
shall establish--
(1) metrics related to commercialization for an award under
this section; and
(2) a reporting schedule for recipients of such awards that
takes into account both short- and long-term goals of the
programs under this section.
(h) Geographic Diversity.--The Director shall ensure
regional and geographic diversity in issuing awards under
this section.
(i) Authorization of Appropriations.--From within funds
authorized for the Directorate for Technology, Innovation,
and Partnerships, there are authorized to carry out the
activities under this section $3,100,000,000 for fiscal years
2023 through 2027.
SEC. 10392. ENTREPRENEURIAL FELLOWSHIPS.
(a) In General.--The Director, acting through the
Directorate for Technology, Innovation, and Partnerships,
shall award fellowships to scientists and engineers to help
develop leaders capable of maturing promising ideas and
technologies from lab to market or other use and forge
connections between academic research and the government,
industry, financial sectors, and other end users.
(b) Application.--An applicant for a fellowship under this
section shall submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require. At a minimum, the Director shall
require that applicants--
(1) have completed a doctoral degree in a STEM field no
more than 5 years prior to the date of the application, or
have otherwise demonstrated significant postbaccalaureate
scientific research experience and are considered early
career, according to requirements established by the
Director; and
(2) have included in the application a proposal for how the
fellow will be embedded in a host institution's research
environment.
(c) Outreach.--The Director shall conduct program outreach
to recruit fellowship applicants--
(1) from diverse research institutions;
(2) from all regions of the country; and
(3) from groups historically underrepresented in STEM
fields.
(d) Administration Agreements.--The Director may enter into
an agreement with a qualified third-party entity to
administer the fellowships, subject to the provisions of this
section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Director a total of $125,000,000
for fiscal years 2023 through 2027, to carry out the
activities outlined in this section.
SEC. 10393. SCHOLARSHIPS AND FELLOWSHIPS.
(a) In General.--The Director, acting through the
Directorate, shall fund undergraduate scholarships (including
at community colleges), graduate fellowships and
traineeships, and postdoctoral awards in the key technology
focus areas.
(b) Implementation.--The Director may carry out subsection
(a) by making awards--
(1) directly to students; and
(2) to institutions of higher education or consortia of
institutions of higher education, including those
institutions or consortia involved in operating Regional
Innovation Engines established under section 10388.
(c) Broadening Participation.--In carrying out this
section, the Director shall take steps to increase the
participation of populations that are underrepresented in
STEM, which may include--
(1) establishing or augmenting programs targeted at
populations that are underrepresented in STEM;
(2) supporting traineeships or other relevant programs at
historically Black colleges and universities, Tribal Colleges
or Universities, and minority-serving institutions;
(3) enabling low-income populations to pursue associate,
undergraduate, or graduate level degrees in STEM;
(4) addressing current and expected gaps in the
availability or skills of the STEM workforce, or addressing
needs of the STEM workforce, including by increasing
educational capacity at institutions and by prioritizing
awards to United States citizens, permanent residents, and
individuals that will grow the domestic workforce; and
(5) addressing geographic diversity in the STEM workforce.
(d) Encouraging Innovation.--In carrying out this section,
the Director shall encourage innovation in graduate
education, including through encouraging institutions of
higher education to offer graduate students opportunities to
gain experience in industry or Government as part of their
graduate training, and through support for students in
professional master's programs related to the key technology
focus areas or to the societal, national, and geostrategic
challenges.
(e) Areas of Funding Support.--Subject to the availability
of funds to carry out this section, the Director shall--
(1) issue--
(A) postdoctoral awards,
(B) graduate fellowships and traineeships, inclusive of the
NSF Research Traineeships and fellowships awarded under the
Graduate Research Fellowship Program; and
(C) scholarships, including undergraduate scholarships,
research experiences, and internships, including--
(i) scholarships to attend community colleges; and
(ii) research experiences and internships under sections
513, 514, and 515 of the America COMPETES Reauthorization Act
of 2010 (42 U.S.C. 1862p-5; 1862p-6; 1862p-7);
(2) ensure that not less than 10 percent of the funds made
available to carry out this section are used to support
additional awards that focus on community college training,
education, and teaching programs that increase the
participation of populations that are historically
underrepresented in STEM, including technical programs
through programs such as the Advanced Technological Education
program; and
(3) if funds remain after carrying out paragraphs (1) and
(2) make awards to institutions
[[Page H7332]]
of higher education to enable the institutions to fund the
development and establishment of new or specialized programs
of study for graduate, undergraduate, or technical college
students and the evaluation of the effectiveness of those
programs of study.
(f) Low-income Scholarship Program.--
(1) In general.--The Director shall award scholarships to
low-income individuals to enable such individuals to pursue
associate, undergraduate, or graduate level degrees in STEM
fields.
(2) Eligibility.--
(A) In general.--To be eligible to receive a scholarship
under this subsection, an individual--
(i) must be a citizen of the United States, a national of
the United States (as defined in section 1101(a) of title 8),
an alien admitted as a refugee under section 1157 of title 8,
or an alien lawfully admitted to the United States for
permanent residence;
(ii) shall prepare and submit to the Director an
application at such time, in such manner, and containing such
information as the Director may require; and
(iii) shall certify to the Director that the individual
intends to use amounts received under the scholarship to
enroll or continue enrollment at an institution of higher
education (as defined in section 1001(a) of title 20) in
order to pursue an associate, undergraduate, or graduate
level degree in STEM fields designated by the Director.
(B) Ability.--Awards of scholarships under this subsection
shall be made by the Director solely on the basis of the
ability of the applicant, except that in any case in which 2
or more applicants for scholarships are deemed by the
Director to be possessed of substantially equal ability, and
there are not sufficient scholarships available to award one
to each of such applicants, the available scholarship or
scholarships shall be awarded to the applicants in a manner
that will tend to result in a geographically wide
distribution throughout the United States recipients' places
of permanent residence.
(3) Scholarship amount and renewal.--Section 414(d) of the
American Competitiveness and Workforce Improvement Act of
1998 (42 U.S.C. 1869c) is amended in paragraph (3) by--
(A) striking ``, except that the Director shall not award a
scholarship in an amount exceeding $10,000 per year''; and
(B) striking ``4 years'' and inserting ``5 years''.
(4) Authorization.--Of amounts authorized for the
Directorate for Technology, Innovation, and Partnerships,
$100,000,000 shall be authorized to carry out this
subsection.
(g) Existing Programs.--The Director may use or augment
existing STEM education programs of the Foundation and
leverage education or entrepreneurial partners to carry out
this section.
SEC. 10394. RESEARCH AND DEVELOPMENT AWARDS.
(a) In General.--From amounts made available for the
Directorate, the Director shall make awards, on a competitive
basis, for research and technology development within the key
technology focus areas, including investments that advance
solutions to the challenges under section 10387.
(b) Purpose.--The purpose of the awards under this section
shall be to accelerate technological advances and technology
adoption in the key technology focus areas.
(c) Recipients.--Recipients of funds under this section may
include institutions of higher education, research
institutions, non-profit organizations, private sector
entities, consortia, or other entities as defined by the
Director.
(d) Metrics.--The Director may set metrics, including goals
and deadlines, for the development and demonstration of
technology as determined in the terms of the award, and may
use such metrics to determine whether an award recipient
shall be eligible for continued or follow-on funding.
(e) Short Term Technology Deployment.--The Director shall
also make awards, including through the SBIR and STTR
programs (as defined in section 9(e) of the Small Business
Act (15 U.S.C. 638(e)), to expedite short-term technology
deployment within a period of no longer than 24 months.
(f) Selection Criteria.--In selecting recipients for an
award under this section, the Director shall consider, at a
minimum--
(1) the relevance of the project to the challenges and the
key technology focus areas under section 10387, and the
potential of the project to result in transformational
advances for such challenges and the key technology focus
areas;
(2) the current status of similar technology, the limits of
current practice, and the novelty and risks of the proposed
project;
(3) the ethical, societal, safety, and security
implications relevant to the application of the technology;
(4) the appropriateness of quantitative goals and metrics
for evaluating the project and a plan for evaluating those
metrics; and
(5) the path for developing and, as appropriate,
commercializing the technology into products and processes in
the United States.
(g) Authorization of Appropriations.--From within funds
authorized for the Directorate for Technology, Innovation,
and Partnerships, there are authorized to carry out the
activities under this section $1,000,000,000 for fiscal years
2023 through 2027.
SEC. 10395. SCALING INNOVATIONS IN PREK-12 STEM EDUCATION.
(a) In General.--Taking into consideration the
recommendations under section 10311(a)(4) of subtitle B, the
Director shall make awards, on a competitive, merit-reviewed
basis, to establish multidisciplinary Centers for
Transformative Education Research and Translation (in this
section referred to as ``Centers'') to support research and
development on widespread and sustained implementation of
STEM education innovations.
(b) Eligibility.--The entity seeking an award for a Center
under this section must be an institution of higher
education, a nonprofit organization, or a consortium of such
institutions or organizations, which may include a STEM
ecosystem .
(c) Application.--An eligible entity under subsection (b)
seeking an award under this section shall submit an
application to the Director at such time, in such manner, and
containing such information as the Director may require. The
application shall include, at a minimum, a description of how
the proposed Center will be used to--
(1) establish partnerships among academic institutions,
local or State educational agencies, and other relevant
stakeholders in supporting programs and activities to
facilitate the widespread and sustained implementation of
promising, evidence-based STEM education practices, models,
programs, curriculum, and technologies;
(2) support enhanced STEM education infrastructure,
including cyberlearning technologies, to facilitate the
widespread adoption of promising, evidence-based practices;
(3) support research and development on scaling practices,
partnerships, and alternative models to current approaches,
including approaches sensitive to the unique combinations of
capabilities, resources, and needs of varying localities,
educators, and learners;
(4) include a focus on the learning needs of under-
resourced schools and learners in low-resource or
underachieving local educational agencies in urban and rural
communities and the development of high-quality curriculum
that engages these learners in the knowledge and practices of
STEM fields;
(5) include a focus on the learning needs and unique
challenges facing students with disabilities;
(6) support research, development, or education on one or
more of the key technology focus areas;
(7) support research and development on scaling practices
and models to support and sustain highly-qualified STEM
educators in urban and rural communities; and
(8) at the discretion of the Director, any other
requirements recommended in the study commissioned under
section 10311(a) of subtitle B.
(d) Additional Considerations.--In making an award under
this section, the Director may also consider the extent to
which the proposed Center will--
(1) leverage existing collaborations, tools, and strategies
supported by the Foundation, including NSF INCLUDES and the
Convergence Accelerators;
(2) support research on and the development and scaling of
innovative approaches to distance learning and education for
various student populations;
(3) support education innovations that leverage new
technologies or deepen understanding of the impact of
technology on educational systems; and
(4) include a commitment from local or State education
administrators to making the proposed reforms and activities
a priority.
(e) Partnership.--In carrying out the program under this
section, the Director shall explore opportunities to partner
with the Department of Education, including through jointly
funding activities under this section.
(f) Duration.--Each award made under this section shall be
for a duration of no more than 5 years.
(g) Annual Meeting.--The Director shall encourage and
facilitate an annual meeting of the Centers, as appropriate,
to foster collaboration among the Centers and to further
disseminate the results of the Centers' supported activities.
(h) Existing Programs.--The Director may use existing NSF
programs to establish and execute this section.
(i) Report.--Not later than 5 years after the date of
enactment of this Act, the Director shall submit to Congress
and make widely available to the public a report that
includes--
(1) a description of the focus and proposed goals of each
Center;
(2) an assessment, based on a common set of benchmarks and
tools, of the Centers' success in helping to promote scalable
solutions in PreK-12 STEM education; and
(3) any recommendations for administrative and legislative
action that could optimize the effectiveness of the Centers
established under this section.
SEC. 10396. AUTHORITIES.
In addition to existing authorities available to the
Foundation, the Director may exercise the following
authorities in carrying out the activities under this
subtitle:
(1) Awards.--In carrying out this subtitle, the Director
may provide awards in the form of grants, contracts,
cooperative agreements, cash prizes, and other transactions.
(2) Program directors.--
(A) Designation.--The Director may designate individuals to
serve as program directors for the programs established
within the Directorate pursuant to the responsibilities
established under subparagraph (B). The Director shall ensure
that program directors--
(i) have expertise in one or more of the challenges and key
technology focus areas under section 10387; and
(ii) come from a variety of backgrounds, including
industry, and from a variety of institutions of higher
education.
(B) Responsibilities.--A program director of a program of
the Directorate, in consultation with the Assistant Director,
shall be responsible for--
(i) establishing research and development goals for the
program, including through the
[[Page H7333]]
convening of workshops, conferring with a broad range of
stakeholders and outside experts, taking into account
relevant expert reports, and publicizing the goals of the
program to the public and private sectors;
(ii) surveying a wide range of institutions of higher
education, nonprofit organizations, and private entities to
identify emerging trends in the challenges and key technology
focus areas under section 10387, and, as appropriate,
soliciting proposals from such entities to conduct research
in areas of particular promise that the private sector is the
not likely to undertake independently.
(iii) facilitating research collaborations in the
challenges and key technology focus areas under section
10387, including connecting academic researchers with
potential end-users of technology, including industry, labor
organizations, nonprofit organizations, civil society
organizations, and other relevant organizations;
(iv) reviewing applications for projects submitted under
section 10394 according to the Merit Review Criteria
established by the Director for such projects and described
in the Foundation's Proposal and Award Policies and
Procedures Guide, and any such additional criteria as
determined by the Director; and
(v) monitoring the progress of projects supported under the
program and taking into account input from relevant experts
and stakeholders, recommending program updates as needed.
(C) Selection criteria.--Program directors may use diverse
merit review models for selection of award recipients under
section 10394, including internal review and different models
that use peer review.
(D) Terms.--Program directors of the Directorate may be
appointed by the Director for a limited term, renewable at
the discretion of the Director.
(3) Experts in science and engineering.--
(A) Program authorized.--The Foundation may carry out a
program of personnel management authority provided under
subparagraph (B) in order to facilitate recruitment of
eminent experts in science or engineering for research and
development projects and to enhance the administration and
management of the Foundation.
(B) Personnel management authority.--Under the program
under subparagraph (A), the Foundation may--
(i) without regard to any provision of title 5, United
States Code, governing the appointment of employees in the
competitive service, appoint individuals to a total of not
more than 70 positions in the Foundation, of which not more
than 5 such positions may be positions of administration or
management of the Foundation;
(ii) prescribe the rates of basic pay for positions to
which employees are appointed under clause (i)--
(I) in the case of employees appointed pursuant to clause
(i) to any of 5 positions designated by the Foundation for
purposes of this clause, at rates not in excess of a rate
equal to 150 percent of the maximum rate of basic pay
authorized for positions at level I of the Executive Schedule
under section 5312 of title 5, United States Code; and
(II) in the case of any other employee appointed pursuant
to clause (i), at rates not in excess of the maximum rate of
basic pay authorized for senior-level positions under section
5376 of title 5, United States Code; and
(iii) pay any employee appointed under subparagraph (A),
other than an employee appointed to a position designated as
described in clause (ii)(I), payments in addition to basic
pay within the limit applicable to the employee under
subparagraph (D).
(C) Limitation on term of appointment.--
(i) In general.--Except as provided in clause (ii), the
service of an employee under an appointment under
subparagraph (B)(i) may not exceed 4 years.
(ii) Extension.--The Director may, in the case of a
particular employee under the program under subparagraph (A),
extend the period to which service is limited under clause
(i) by up to 2 years if the Director determines that such
action is necessary to promote the efficiency of the
Foundation.
(D) Maximum amount of additional payments payable.--
Notwithstanding any other provision of this subsection or
section 5307 of title 5, United States Code, no additional
payments may be paid to an employee under subparagraph
(B)(iii) in any calendar year if, or to the extent that, the
employee's total annual compensation in such calendar year
will exceed the maximum amount of total annual compensation
payable at the salary set in accordance with section 104 of
title 3, United States Code.
(4) Highly qualified experts in needed occupations.--
(A) In general.--The Foundation may carry out a program
using the authority provided in subparagraph (B) in order to
attract highly qualified experts in needed occupations, as
determined by the Foundation. Individuals hired by the
Director through such authority may include individuals with
expertise in business creativity, innovation management,
design thinking, entrepreneurship, venture capital, and
related fields.
(B) Authority.--Under the program, the Foundation may--
(i) appoint personnel from outside the civil service and
uniformed services (as such terms are defined in section 2101
of title 5, United States Code) to positions in the
Foundation without regard to any provision of title 5, United
States Code, governing the appointment of employees in the
competitive service;
(ii) prescribe the rates of basic pay for positions to
which employees are appointed under clause (i) at rates not
in excess of the maximum rate of basic pay authorized for
senior-level positions under section 5376 of title 5, United
States Code; and
(iii) pay any employee appointed under clause (i) payments
in addition to basic pay within the limits applicable to the
employee under subparagraph (D).
(C) Limitation on term of appointment.--
(i) In general.--Except as provided in clause (ii), the
service of an employee under an appointment made pursuant to
this subsection may not exceed 5 years.
(ii) Extension.--The Foundation may, in the case of a
particular employee, extend the period to which service is
limited under clause (i) by up to 1 additional year if the
Foundation determines that such action is necessary to
promote the Foundation's national security missions.
(D) Limitations on additional payments.--
(i) Total amount.--The total amount of the additional
payments paid to an employee under this subsection for any
12-month period may not exceed the maximum amount of total
compensation payable at the salary set in accordance with
section 104 of title, United States Code.
(ii) Eligibility for payments.--An employee appointed under
this subsection is not eligible for any bonus, monetary
award, or other monetary incentive for service, except for
payments authorized under this subsection.
(E) Limitation on number of highly qualified experts.--The
number of highly qualified experts appointed and retained by
the Foundation under sub (B)(i) shall not exceed 70 at any
time.
(F) Savings provisions.--In the event that the Foundation
terminates the program under this paragraph, in the case of
an employee who, on the day before the termination of the
program, is serving in a position pursuant to an appointment
under this paragraph--
(i) the termination of the program does not terminate the
employee's employment in that position before the expiration
of the lesser of--
(I) the period for which the employee was appointed; or
(II) the period to which the employee's service is limited
under subparagraph (C), including any extension made under
this paragraph before the termination of the program; and
(ii) the rate of basic pay prescribed for the position
under this paragraph may not be reduced as long as the
employee continues to serve at an acceptable level of
performance in the position without a break in service.
(5) Additional hiring authority.--To the extent needed to
carry out the duties under paragraph (1)(A), the Director is
authorized to utilize hiring authorities under section 3372
of title 5, United States Code, to staff the Foundation with
employees from other Federal agencies, State and local
governments, Indian Tribes and Tribal organizations,
institutions of higher education, and other organizations, as
described in that section, in the same manner and subject to
the same conditions, that apply to such individuals utilized
to accomplish other missions of the Foundation.
(6) National academy of public administration.--
(A) Study.--Not later than 30 days after the date of
enactment of this Act, the Director shall contract with the
National Academy of Public Administration to conduct a study
on the organizational and management structure of the
Foundation, to--
(i) evaluate and make recommendations to efficiently and
effectively implement the Directorate for Technology,
Innovation, and Partnerships; and
(ii) evaluate and make recommendations to ensure
coordination of the Directorate for Technology, Innovation,
and Partnerships with other directorates and offices of the
Foundation and other Federal agencies.
(B) Review.--Upon completion of the study under
subparagraph (A), the Foundation shall review the
recommendations from the National Academy of Public
Administration and provide a briefing to Congress on the
plans of the Foundation to implement any such
recommendations.
(7) Providing authority to disseminate information.--
Section 11 of the National Science Foundation Act of 1950 (42
U.S.C. 1870) is amended--
(A) in subsection (j), by striking ``and'' after the
semicolon;
(B) in subsection (k), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(l) to provide for the widest practicable and appropriate
dissemination of information within the United States
concerning the Foundation's activities and the results of
those activities.''.
SEC. 10397. COORDINATION OF ACTIVITIES.
(a) In General.--In carrying out the activities of the
Directorate, the Director shall coordinate and collaborate as
appropriate with the Secretary of Energy, the Director of the
National Institute of Standards and Technology, and the heads
of other Federal research agencies, as appropriate, to
further the goals of this subtitle.
(b) Avoid Duplication.--The Director shall ensure, to the
greatest extent practicable, that activities carried out by
the Directorate are not duplicative of activities supported
by other parts of the Foundation or other relevant Federal
agencies. In carrying out the activities prescribed by this
division, the Director shall coordinate with the interagency
working group established under subtitle F of title VI and
heads of other Federal research agencies to ensure these
activities enhance and complement, but do not constitute
unnecessary duplication of effort and to ensure the
responsible stewardship of funds.
(c) Emerging Technologies.--After completion of the studies
regarding emerging technologies conducted by the Secretary of
Commerce under title XV of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), the Director
shall consider the results
[[Page H7334]]
of such studies in carrying out the activities of the
Directorate.
SEC. 10398. ETHICAL, LEGAL, AND SOCIETAL CONSIDERATIONS.
The Director shall engage, as appropriate, experts in the
social dimensions of science and technology and set up formal
avenues for public input, as appropriate, to ensure that
ethical, legal, and societal considerations are taken into
account in the priorities and activities of the Directorate,
including in the selection of the challenges and key
technology focus areas under section 10387 and the award-
making process, and throughout all stages of supported
projects.
SEC. 10399. REPORTS AND ROADMAPS.
(a) Annual Report.--The Director shall provide to the
relevant authorizing and appropriations committees of
Congress an annual report describing projects supported by
the Directorate during the previous year.
(b) Roadmap.--Not later than 1 year after the date of
enactment of this Act, the Director shall provide to the
relevant authorizing and appropriations committees of
Congress a roadmap describing the strategic vision that the
Directorate will use to guide investment decisions over the
following 3 years.
(c) Reports.--Not later than 1 year after the date of
enactment of this Act and every 3 years thereafter, the
Director, in consultation with the heads of relevant Federal
agencies, shall prepare and submit to Congress--
(1) a strategic vision for the next 5 years for the
Directorate, including a description of how the Foundation
will increase funding for research and education for
populations underrepresented in STEM and geographic areas;
and
(2) a description of the planned activities of the
Directorate to secure federally funded science and technology
pursuant to section 1746 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 42
U.S.C. 6601 note) and section 223 of William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) and the requirements under subtitle
D of this title and subtitle E of title VI .
(d) Selection Criteria Report.--Not later than 24 months
after the establishment of the Directorate, the Director
shall prepare and submit a report to Congress regarding the
use of alternative methods for the selection of award
recipients and the distribution of funding to recipients, as
compared to the traditional peer review process.
SEC. 10399A. EVALUATION.
(a) In General.--After the Directorate has been in
operation for 6 years, the Director shall enter into an
agreement with the National Academies to provide an
evaluation of how well the Directorate is achieving the
purposes identified in section 10382.
(b) Inclusions.--The evaluation shall include--
(1) an assessment of the impact of Directorate activities
on the Foundation's primary science mission;
(2) an assessment of the Directorate's impact on the
challenges and key technology focus areas under section
10387;
(3) an assessment of efforts to ensure coordination between
the Directorate and other Federal agencies, and with external
entities;
(4) a description of lessons learned from operation of the
Directorate; and
(5) recommended funding levels for the Directorate;
(c) Availability.--On completion of the evaluation, the
evaluation shall be made available to Congress and the
public.
Subtitle H--Administrative Amendments
SEC. 10399D. SUPPORTING VETERANS IN STEM CAREERS.
Section 3(c) of the Supporting Veterans in STEM Careers Act
(42 U.S.C. 1862t) is amended by striking ``annual'' and
inserting ``biennial''.
SEC. 10399E. SUNSHINE ACT COMPLIANCE.
Section 15(a) of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-5(a)) is amended--
(1) so that paragraph (3) reads as follows:
``(3) Compliance review.--The Inspector General of the
Foundation shall conduct a review of the compliance by the
Board with the requirements described in paragraph (2) as
necessary based on a triennial risk assessment. Any review
deemed necessary shall examine the proposed and actual
content of closed meetings and determine whether the closure
of the meetings was consistent with section 552b of title 5,
United States Code.''; and
(2) by striking paragraphs (4) and (5) and inserting the
following:
``(4) Materials relating to closed portions of meeting.--To
facilitate the risk assessment required under paragraph (3)
of this subsection, and any subsequent review conducted by
the Inspector General, the Office of the National Science
Board shall maintain the General Counsel's certificate, the
presiding officer's statement, and a transcript or recording
of any closed meeting, for at least 3 years after such
meeting.''.
SEC. 10399F. SCIENCE AND ENGINEERING INDICATORS REPORT
SUBMISSION.
Section 4(j)(1) of the National Science Foundation Act of
1950 (42 U.S.C. 1863(j)(1)) is amended by striking ``January
15'' and inserting ``March 15''.
TITLE IV--BIOECONOMY RESEARCH AND DEVELOPMENT
SEC. 10401. DEFINITIONS.
In this title:
(1) Initiative.--The term ``Initiative'' means the National
Engineering Biology Research and Development Initiative
established under section 10402.
(2) Omics.--The term ``omics'' refers to the collective
technologies used to explore the roles, relationships, and
actions of the various types of molecules that make up the
cells and systems of an organism and the systems level
analysis of their functions.
SEC. 10402. NATIONAL ENGINEERING BIOLOGY RESEARCH AND
DEVELOPMENT INITIATIVE.
(a) In General.--The President, acting through the Office
of Science and Technology Policy, shall implement a National
Engineering Biology Research and Development Initiative to
advance societal well-being, national security,
sustainability, and economic productivity and competitiveness
through the following:
(1) Advancing areas of research at the intersection of the
biological, physical, chemical, data, and computational and
information sciences and engineering to accelerate scientific
understanding and technological innovation in engineering
biology.
(2) Advancing areas of biomanufacturing research to
optimize, standardize, scale, and deliver new products and
solutions.
(3) Supporting social and behavioral sciences and economics
research that advances the field of engineering biology and
contributes to the development and public understanding of
new products, processes, and technologies.
(4) Improving the understanding of engineering biology of
the scientific and lay public and supporting greater
evidence-based public discourse about its benefits and risks.
(5) Supporting research relating to the risks and benefits
of engineering biology, including under subsection (d).
(6) Supporting the development of novel tools and
technologies to accelerate scientific understanding and
technological innovation in engineering biology.
(7) Expanding the number of researchers, educators, and
students and a retooled workforce with engineering biology
training, including from traditionally underrepresented and
underserved populations.
(8) Accelerating the translation and commercialization of
engineering biology and biomanufacturing research and
development by the private sector.
(9) Improving the interagency planning and coordination of
Federal Government activities related to engineering biology.
(b) Initiative Activities.--The activities of the
Initiative shall include the following:
(1) Sustained support for engineering biology research and
development through the following:
(A) Grants to fund the work of individual investigators and
teams of investigators, including interdisciplinary teams.
(B) Projects funded under joint solicitations by a
collaboration of not fewer than two agencies participating in
the Initiative.
(C) Interdisciplinary research centers that are organized
to investigate basic research questions, carry out technology
development and demonstration activities, and increase
understanding of how to scale up engineering biology
processes, including biomanufacturing.
(2) Sustained support for databases and related tools,
including the following:
(A) Support for the establishment, curation, and
maintenance of curated genomics, epigenomics, and other
relevant omics databases, including plant, animal, and
microbial databases, that are available to researchers to
carry out engineering biology research in a manner that does
not compromise national security or the privacy or security
of information within such databases.
(B) Development of standards for such databases, including
for curation, interoperability, and protection of privacy and
security.
(C) Support for the development of computational tools,
including artificial intelligence tools, that can accelerate
research and innovation using such databases.
(D) An inventory and assessment of all Federal government
omics databases to identify opportunities to improve the
utility of such databases, as appropriate and in a manner
that does not compromise national security or the privacy and
security of information within such databases, and inform
investment in such databases as critical infrastructure for
the engineering biology research enterprise.
(3) Sustained support for the development, optimization,
and validation of novel tools and technologies to enable the
dynamic study of molecular processes in situ, including
through the following:
(A) Research conducted at Federal laboratories.
(B) Grants to fund the work of investigators at
institutions of higher education and other nonprofit research
institutions.
(C) Incentivized development of retooled industrial sites
across the country that foster a pivot to modernized
engineering biology initiatives.
(D) Awards under the Small Business Innovation Research
Program and the Small Business Technology Transfer Program
(as described in section 9 of the Small Business Act (15
U.S.C. 638)).
(4) Support for education and training of undergraduate and
graduate students in engineering biology, biomanufacturing,
bioprocess engineering, and computational science applied to
engineering biology and in the related ethical, legal,
environmental, safety, security, and other societal domains.
(5) Support for a national network of testbeds based on
open standards, interfaces, and processes, including by
repurposing existing facilities such as those specified in
paragraph (3)(C), that would enable scale up of laboratory
engineering biology research.
(6) Activities to develop robust mechanisms for documenting
and quantifying the outputs and economic benefits of
engineering biology.
(7) Activities to accelerate the translation and
commercialization of new products, processes, and
technologies by carrying out the following:
[[Page H7335]]
(A) Identifying precompetitive research opportunities.
(B) Facilitating public-private partnerships in engineering
biology research and development, including to address
barriers to scaling up innovations in engineering biology.
(C) Connecting researchers, graduate students, and
postdoctoral fellows with entrepreneurship education and
training opportunities.
(D) Supporting proof of concept activities and the
formation of startup companies including through programs
such as the Small Business Innovation Research Program and
the Small Business Technology Transfer Program.
(c) Expanding Participation.--The Initiative shall include,
to the maximum extent practicable, outreach to primarily
undergraduate and historically Black colleges and
universities, Tribal Colleges or Universities, and minority-
serving institutions about Initiative opportunities, and
shall encourage the development of research collaborations
between research-intensive universities and primarily
undergraduate and historically Black colleges and
universities, Tribal Colleges or Universities, and minority-
serving institutions.
(d) Ethical, Legal, Environmental, Safety, Security, and
Societal Issues.--Initiative activities shall take into
account ethical, legal, environmental, safety, security, and
other appropriate societal issues by carrying out the
following:
(1) Supporting research, including in the social sciences,
and other activities addressing ethical, legal,
environmental, and other appropriate societal issues related
to engineering biology, including integrating research on
such topics with the research and development in engineering
biology, and encouraging the dissemination of the results of
such research, including through interdisciplinary
engineering biology research centers described in subsection
(b)(1)(C).
(2) Supporting research and other activities related to the
safety and security implications of engineering biology,
including outreach to increase awareness among Federal
researchers and federally-funded researchers at institutions
of higher education about potential safety and security
implications of engineering biology research, as appropriate.
(3) Ensuring that input from Federal and non-Federal
experts on the ethical, legal, environmental, safety,
security, and other appropriate societal issues related to
engineering biology is integrated into the Initiative.
(4) Ensuring, through the agencies and departments that
participate in the Initiative, that public input and outreach
are integrated into the Initiative by the convening of
regular and ongoing public discussions through mechanisms
such as workshops, consensus conferences, and educational
events, as appropriate.
(5) Complying with all applicable provisions of Federal
law.
SEC. 10403. INITIATIVE COORDINATION.
(a) Interagency Committee.--The President, acting through
the Office of Science and Technology Policy, shall designate
an interagency committee to coordinate activities of the
Initiative as appropriate, which shall be co-chaired by the
Office of Science and Technology Policy. The Director of the
Office of Science and Technology Policy shall select an
additional co-chairperson from among the members of the
interagency committee. The interagency committee shall
oversee the planning, management, and coordination of the
Initiative. The interagency committee shall carry out the
following:
(1) Provide for interagency coordination of Federal
engineering biology research, development, and other
activities undertaken pursuant to the Initiative.
(2) Establish and periodically update goals and priorities
for the Initiative.
(3) Develop, not later than 12 months after the date of the
enactment of this Act, and update every five years
thereafter, a strategic plan submitted to the Committee on
Science, Space, and Technology, the Committee on Agriculture,
and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation, the Committee on Agriculture, Nutrition, and
Forestry, the Committee on Small Business and
Entrepreneurship, and the Committee on Health, Education,
Labor, and Pensions of the Senate that--
(A) guides the activities of the Initiative for purposes of
meeting the goals and priorities established under (and
updated pursuant to) paragraph (2); and
(B) describes--
(i) the Initiative's support for long-term funding for
interdisciplinary engineering biology research and
development;
(ii) the Initiative's support for education and public
outreach activities;
(iii) the Initiative's support for research and other
activities on ethical, legal, environmental, safety,
security, and other appropriate societal issues related to
engineering biology, including--
(I) an applied biorisk management research plan;
(II) recommendations for integrating security into
biological data access and international reciprocity
agreements;
(III) recommendations for manufacturing restructuring to
support engineering biology research, development, and
scaling-up initiatives; and
(IV) an evaluation of existing biosecurity governance
policies, guidance, and directives for the purposes of
creating an adaptable, evidence-based framework to respond to
emerging biosecurity challenges created by advances in
engineering biology;
(iv) how the Initiative will contribute to moving results
out of the laboratory and into application for the benefit of
society and United States competitiveness; and
(v) how the Initiative will measure and track the
contributions of engineering biology to United States
economic growth and other societal indicators.
(4) Develop a national genomic sequencing strategy to
ensure engineering biology research fully leverages plant,
animal, and microbe biodiversity, as appropriate and in a
manner that does not compromise economic competitiveness,
national security, or the privacy or security of human
genetic information, to enhance long-term innovation and
competitiveness in engineering biology in the United States.
(5) Develop a plan to utilize Federal programs, such as the
Small Business Innovation Research Program and the Small
Business Technology Transfer Program (as described in section
9 of the Small Business Act (15 U.S.C. 638)), in support of
the activities described in section 10402(b)(3).
(6) In carrying out this section, take into consideration
the recommendations of the advisory committee established
under section 10404, the results of the workshop convened
under section 10402, existing reports on related topics, and
the views of academic, State, industry, and other appropriate
groups.
(b) Quinquennial Report.--Beginning with fiscal year 2023
and every five years thereafter for ten years, the
interagency committee shall prepare and submit to the
Committee on Science, Space, and Technology, the Committee on
Energy and Commerce, and the Committee on Agriculture of the
House of Representatives and the Committee on Commerce,
Science, and Transportation, the Committee on Health,
Education, Labor, and Pensions, the Committee on Small
Business and Entrepreneurship, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that includes the following:
(1) A summarized agency budget in support of the Initiative
for the current fiscal year, including a breakout of spending
for each agency participating in the Program, and for the
development and acquisition of any research facilities and
instrumentation.
(2) An assessment of how Federal agencies are implementing
the plan described in subsection (a)(3), including the
following:
(A) A description of the amount and number of awards made
under the Small Business Innovation Research Program and the
Small Business Technology Transfer Program (as described in
section 9 of the Small Business Act (15 U.S.C. 638)) in
support of the Initiative.
(B) A description of the amount and number of projects
funded under joint solicitations by a collaboration of not
fewer than two agencies participating in the Initiative.
(C) A description of effects of newly-funded projects by
the Initiative.
(c) Initiative Coordination Office.--
(1) In general.--The President shall establish an
Initiative Coordination Office, with a Director and full-time
staff, which shall--
(A) provide technical and administrative support to the
interagency committee and the advisory committee established
under subsection (a) and section 10404;
(B) serve as the point of contact on Federal engineering
biology activities for government organizations, academia,
industry, professional societies, State governments,
interested citizen groups, and others to exchange technical
and programmatic information;
(C) oversee interagency coordination of the Initiative,
including by encouraging and supporting joint agency
solicitation and selection of applications for funding of
activities under the Initiative, as appropriate;
(D) conduct public outreach, including dissemination of
findings and recommendations of the advisory committee, as
appropriate;
(E) serve as the coordinator of ethical, legal,
environmental, safety, security, and other appropriate
societal input; and
(F) promote access to, and early application of, the
technologies, innovations, and expertise derived from
Initiative activities to agency missions and systems across
the Federal Government, and to United States industry,
including startup companies.
(2) Funding.--The Director of the Office of Science and
Technology Policy, in coordination with each participating
Federal department and agency, as appropriate, shall develop
and annually update an estimate of the funds necessary to
carry out the activities of the Initiative Coordination
Office and submit such estimate with an agreed summary of
contributions from each agency to Congress as part of the
President's annual budget request to Congress.
(3) Termination.--The Initiative Coordination Office
established under this subsection shall terminate on the date
that is 10 years after the date of the enactment of this Act.
(d) Rule of Construction.--Nothing in this section may be
construed to alter the policies, processes, or practices of
individual Federal agencies in effect on the day before the
date of the enactment of this Act relating to the conduct of
biomedical research and advanced development, including the
solicitation and review of extramural research proposals.
SEC. 10404. ADVISORY COMMITTEE ON ENGINEERING BIOLOGY
RESEARCH AND DEVELOPMENT.
(a) In General.--The agency co-chair of the interagency
committee established under section 10403 shall, in
consultation with the Office of Science and Technology
Policy, designate or establish an advisory committee on
engineering biology research and development (in this section
referred to as the ``advisory committee'') to be composed of
not fewer than 12 members, including representatives of
research and academic institutions, industry, and
nongovernmental entities, who are qualified to provide advice
on the Initiative.
(b) Assessment.--The advisory committee shall assess the
following:
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(1) The current state of United States competitiveness in
engineering biology, including the scope and scale of United
States investments in engineering biology research and
development in the international context.
(2) Current market barriers to commercialization of
engineering biology products, processes, and tools in the
United States.
(3) Progress made in implementing the Initiative.
(4) The need to revise the Initiative.
(5) The balance of activities and funding across the
Initiative.
(6) Whether the strategic plan developed or updated by the
interagency committee established under section 10403 is
helping to maintain United States leadership in engineering
biology.
(7) Whether ethical, legal, environmental, safety,
security, and other appropriate societal issues are
adequately addressed by the Initiative.
(c) Reports.--Beginning not later than two years after the
date of the enactment of this Act and not less frequently
than once every five years thereafter, the advisory committee
shall submit to the President, the Committee on Science,
Space, and Technology, the Committee on Energy and Commerce,
and the Committee on Agriculture of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation, the Committee on Health, Education, Labor,
and Pensions, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate, a report on the following:
(1) The findings of the advisory committee's assessment
under subsection (b).
(2) The advisory committee's recommendations for ways to
improve the Initiative.
(d) Application of Federal Advisory Committee Act.--Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the advisory committee.
(e) Termination.--The advisory committee established under
subsection (a) shall terminate on the date that is 10 years
after the date of the enactment of this Act.
SEC. 10405. EXTERNAL REVIEW OF ETHICAL, LEGAL, ENVIRONMENTAL,
SAFETY, SECURITY, AND SOCIETAL ISSUES.
(a) In General.--Not later than six months after the date
of enactment of this Act, the Director of the National
Science Foundation shall seek to enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine
to conduct a review, and make recommendations with respect
to, the ethical, legal, environmental, safety, security, and
other appropriate societal issues related to engineering
biology research and development. The review shall include
the following:
(1) An assessment of the current research on such issues.
(2) A description of the research needs relating to such
issues.
(3) Recommendations on how the Initiative can address the
research needs identified pursuant to paragraph (2).
(4) Recommendations on how researchers engaged in
engineering biology can best incorporate considerations of
such issues into the development of research proposals and
the conduct of research.
(b) Report to Congress.--The agreement entered into under
subsection (a) shall require the National Academies of
Sciences, Engineering, and Medicine to, not later than two
years after the date of the enactment of this Act--
(1) submit to the Committee on Science, Space, and
Technology and the Committee on Agriculture of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report containing the findings
and recommendations of the review conducted under subsection
(a); and
(2) make a copy of such report available on a publicly
accessible website.
SEC. 10406. AGENCY ACTIVITIES.
(a) National Science Foundation.--As part of the
Initiative, the National Science Foundation shall carry out
the following:
(1) Support research in engineering biology and
biomanufacturing through individual grants, collaborative
grants, and through interdisciplinary research centers.
(2) Support research on the environmental, legal, ethical,
and social implications of engineering biology.
(3) Provide support for research instrumentation,
equipment, and cyberinfrastructure for engineering biology
disciplines, including support for research, development,
optimization, and validation of novel technologies to enable
the dynamic study of molecular processes in situ.
(4) Support curriculum development and research experiences
for secondary, undergraduate, and graduate students in
engineering biology and biomanufacturing, including through
support for graduate fellowships and traineeships in
engineering biology.
(5) Award grants, on a competitive basis, to enable
institutions to support graduate students and postdoctoral
fellows who perform some of their engineering biology
research in an industry setting.
(b) Department of Commerce.--
(1) National institute of standards and technology.--As
part of the Initiative, the Director of the National
Institute of Standards and Technology shall carry out the
following:
(A) Advance the development of standard reference materials
and measurements, including to promote interoperability
between new component technologies and processes for
engineering biology and biomanufacturing discovery,
innovation, and production processes.
(B) Establish new data tools, techniques, and processes
necessary to advance engineering biology and
biomanufacturing.
(C) Provide access to user facilities with advanced or
unique equipment, services, materials, and other resources to
industry, institutions of higher education, nonprofit
organizations, and government agencies to perform research
and testing.
(D) Provide technical expertise to inform the potential
development of guidelines or safeguards for new products,
processes, and systems of engineering biology.
(2) National oceanic and atmospheric administration.--As
part of the initiative, the Administrator of the National
Oceanic and Atmospheric Administration shall carry out the
following:
(A) Conduct and support research in omics and associated
bioinformatic sciences and develop tools and products to
improve ecosystem stewardship, monitoring, management,
assessments. and forecasts, consistent with the mission of
the agency.
(B) Collaborate with other agencies to understand potential
environmental threats and safeguards related to engineering
biology.
(c) Department of Energy.--As part of the Initiative, the
Secretary of Energy shall carry out the following:
(1) Conduct and support research, development,
demonstration, and commercial application activities in
engineering biology, including in the areas of synthetic
biology, advanced biofuel and bioproduct development,
biobased materials, and environmental remediation.
(2) Support the development, optimization and validation of
novel, scalable tools and technologies to enable the dynamic
study of molecular processes in situ.
(3) Provide access to user facilities with advanced or
unique equipment, services, materials, and other resources,
including secure access to high-performance computing, as
appropriate, to industry, institutions of higher education,
nonprofit organizations, and government agencies to perform
research and testing;.
(4) Strengthen collaboration between the Office of Science
and the Energy Efficiency and Renewable Energy Office to help
transfer fundamental research results to industry and
accelerate commercial applications.
(d) Department of Defense.--As part of the Initiative, the
Secretary of Defense shall carry out the following:
(1) Conduct and support research and development in
engineering biology and associated data and information
sciences.
(2) Support curriculum development and research experiences
in engineering biology and associated data and information
sciences across the military education system, including the
service academies, professional military education, and
military graduate education.
(3) Assess risks of potential national security and
economic security threats relating to engineering biology.
(e) National Aeronautics and Space Administration.--As part
of the Initiative, the National Aeronautics and Space
Administration shall carry out the following:
(1) Conduct and support research in engineering biology,
including in synthetic biology, and related to Earth and
space sciences, aeronautics, space technology, and space
exploration and experimentation, consistent with the
priorities established in the National Academies' decadal
surveys.
(2) Award grants, on a competitive basis, that enable
institutions to support graduate students and postdoctoral
fellows who perform some of their engineering biology
research in an industry setting.
(f) Department of Agriculture.--As part of the Initiative,
the Secretary of Agriculture shall support research and
development in engineering biology through the Agricultural
Research Service, the National Institute of Food and
Agriculture programs and grants, and the Office of the Chief
Scientist.
(g) Environmental Protection Agency.--As part of the
Initiative, the Environmental Protection Agency shall support
research on how products, processes, and systems of
engineering biology will affect or can protect the
environment.
(h) Department of Health and Human Services.--As part of
the Initiative, the Secretary of Health and Human Services,
as appropriate and consistent with activities of the
Department of Health and Human Services in effect on the day
before the date of the enactment of this Act, shall carry out
the following:
(1) Support research and development to advance the
understanding and application of engineering biology for
human health.
(2) Support relevant interdisciplinary research and
coordination.
(3) Support activities necessary to facilitate oversight of
relevant emerging biotechnologies.
SEC. 10407. RULE OF CONSTRUCTION.
Nothing in this title may be construed to require public
disclosure of information that is exempt from mandatory
disclosure under section 552 of title 5, United States Code.
TITLE V--BROADENING PARTICIPATION IN SCIENCE
Subtitle A--STEM Opportunities
SEC. 10501. FEDERAL RESEARCH AGENCY POLICIES FOR CAREGIVERS.
(a) OSTP Guidance.--Not later than 12 months after the date
of the enactment of this Act, the Director, in consultation
with the heads of relevant agencies, shall provide guidance
to each Federal research agency to establish policies that--
(1) apply to all--
(A) research awards granted by such agency; and
(B) principal investigators of such research and their
trainees, including postdoctoral researchers and graduate
students, who have caregiving responsibilities, including
care for a newborn or newly adopted child and care for an
immediate family member who has a disability or a serious
health condition; and
[[Page H7337]]
(2) provide, to the extent feasible--
(A) flexibility in timing for the initiation of approved
research awards granted by such agency;
(B) no-cost extensions of such research awards;
(C) award supplements, as appropriate, to research awards
to sustain research activities conducted under such awards;
and
(D) any other appropriate accommodations at the discretion
of the director of each such agency.
(b) Uniformity of Guidance.--In providing guidance under
subsection (a), the Director shall encourage uniformity, to
the extent practicable, and consistency in the policies
established pursuant to such guidance across all Federal
research agencies.
(c) Establishment of Policies.--Consistent, to the extent
practicable, with the guidance under subsection (a), Federal
research agencies shall--
(1) maintain or develop and implement policies for
individuals described in paragraph (1)(B) of such subsection;
and
(2) broadly disseminate in easily accessible formats such
policies to current and potential award recipients.
(d) Data on Usage.--Federal research agencies shall
consider--
(1) collecting data, including demographic data that can be
disaggregated by sex, geographic location, and socioeconomic
indicators, which may include employment status, occupation,
educational attainment, parental education, and income, on
the usage of the policies under subsection (c), at both
institutions of higher education and Federal laboratories;
and
(2) reporting such data on an annual basis to the Director
in such form as required by the Director.
SEC. 10502. COLLECTION AND REPORTING OF DATA ON FEDERAL
RESEARCH AWARDS.
(a) Collection of Data.--
(1) In general.--Each Federal research agency shall
collect, as practicable, with respect to all applications for
merit-reviewed research and development awards made by such
agency, standardized record-level annual information on
demographics, primary field, award type, institution type,
review rating, budget request, funding outcome, and awarded
budget.
(2) Uniformity and standardization.--The Director, in
consultation with the heads of each Federal research agency,
shall establish, and update as necessary, a policy to ensure
uniformity and standardization of the data collection
required under paragraph (1).
(3) Record-level data.--
(A) Requirement.--Beginning not later than two years after
the issuance of the policy under paragraph (2) to Federal
research agencies, and on an annual basis thereafter, each
Federal research agency shall submit to the National Center
for Science and Engineering Statistics record-level data
collected under paragraph (1) in the form required by the
Director of the National Science Foundation.
(B) Previous data.--As part of the first submission under
subparagraph (A), each Federal research agency, to the extent
practicable, shall also submit comparable record-level data,
if it is available to the agency, for the five years
preceding the date of such submission, or an analysis for why
such data cannot be provided.
(b) Reporting of Data.--The Director of the National
Science Foundation shall publish statistical summary data, as
practicable, collected under this section, disaggregated and
cross-tabulated by race, ethnicity, sex, socioeconomic
indicators, which may include employment status, occupation,
educational attainment, parental education, and income,
geographic location, and years since completion of doctoral
degree, including in conjunction with the National Science
Foundation's report required by section 37 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885d; Public
Law 96-516).
SEC. 10503. POLICIES FOR REVIEW OF FEDERAL RESEARCH AWARDS.
(a) Assessment of Policies.--Federal research agencies
shall regularly assess, and update as necessary, policies,
and practices to remove or reduce cultural and institutional
barriers limiting the recruitment, retention, and success of
groups historically underrepresented in STEM research
careers, including policies and practices relevant to the
unbiased review of Federal research applications.
(b) Considerations and Activities.--In carrying out the
requirements under subsection (a), Federal research agencies
shall--
(1) review current levels of participation of groups
historically underrepresented in STEM in peer-review panels
and consider approaches for expanding their participation;
(2) analyze the data collected under section 10502,
including funding rates of proposals from all groups,
including those historically underrepresented in STEM;
(3) collect and disseminate best practices to remove or
reduce cultural and institutional barriers limiting the
recruitment, retention, and success of groups historically
underrepresented in STEM research careers; and
(4) implement evidence-based policies and practices to
achieve the goals of this section.
SEC. 10504. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY.
(a) Collection of Data.--
(1) In general.--Not later than 5 years after the date of
the enactment of this Act and at least every five years
thereafter, the Director of the National Science Foundation
shall carry out a survey to collect data from award
recipients on the demographics of STEM faculty, by broad
fields of STEM, at different types of institutions of higher
education that receive Federal research funding.
(2) Survey considerations.--To the extent practicable, the
Director of the National Science Foundation shall survey, by
sex, race, socioeconomic indicators, which may include
employment status, occupation, educational attainment,
parental education, and income, geographic location,
ethnicity, citizenship status, and years since completion of
doctoral degree--
(A) the number and percentage of faculty;
(B) the number and percentage of faculty at each rank;
(C) the number and percentage of faculty who are in
nontenure-track positions, including teaching and research;
(D) the number and percentage of faculty who are reviewed
for promotion, including tenure, and the percentage of that
number who are promoted, including being awarded tenure;
(E) faculty years in rank;
(F) the number and percentage of faculty to leave tenure-
track positions;
(G) the number and percentage of faculty hired, by rank;
and
(H) the number and percentage of faculty in leadership
positions.
(b) Existing Surveys.--The Director of the National Science
Foundation, may, in modifying or expanding existing Federal
surveys of higher education (as necessary)--
(1) take into account the considerations under subsection
(a)(2) by collaborating with statistical centers at other
Federal agencies; or
(2) make an award to an institution of higher education or
nonprofit organization (or consortia thereof) to take such
considerations into account.
(c) Reporting Data.--The Director of the National Science
Foundation shall publish statistical summary data collected
under this section, including as part of the National Science
Foundation's report required by section 37 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885d; Public
Law 96-516).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Director of the National Science
Foundation $4,000,000 in each of fiscal years 2023 through
2025 to develop and carry out the initial survey required
under subsection (a).
SEC. 10505. CULTURAL AND INSTITUTIONAL BARRIERS TO EXPANDING
THE ACADEMIC AND FEDERAL STEM WORKFORCE.
(a) Best Practices.--
(1) Development of guidance.--Not later than 12 months
after the date of enactment of this Act, the Director, in
consultation with the interagency working group on inclusion
in STEM and utilizing existing guidance already developed by
Federal research agencies where applicable, shall broadly
disseminate to entities that receive Federal research funding
best practices for--
(A) conducting periodic climate surveys of STEM departments
and divisions, with a particular focus on identifying and
addressing any cultural or institutional barriers to the
recruitment, retention, or advancement of groups historically
underrepresented in STEM studies and careers; and
(B) providing educational opportunities, including
workshops, for STEM professionals to learn about current
research on effective practices for unbiased recruitment,
evaluation, and promotion of undergraduate and graduate
students and research personnel.
(2) Establishment of policies.--Consistent with the
guidance developed under paragraph (1)--
(A) The Director of the National Science Foundation, in
consultation with the heads of Federal research agencies,
shall develop a policy that--
(i) applies to, at a minimum, doctoral degree granting
institutions that receive Federal research funding; and
(ii) requires each such institution, not later than 3 years
after the date of enactment of this Act, and to the extent
practicable, to report to the Director of the National
Science Foundation on activities and policies developed and
implemented based on the guidance disseminated under
paragraph (1); and
(B) each Federal research agency with a Federal laboratory
shall maintain or develop and implement practices and
policies for the purposes described in paragraph (1) for such
laboratory and, not later than three years after the date of
the enactment of this Act, each Federal laboratory shall
report to the head of such agency on such practices and
policies.
(b) Report to Congress.--Not later than four years after
the date of the enactment of this Act, the Director of the
National Science Foundation shall submit a report to Congress
that includes a summary and analysis of the types and
frequency of activities and policies developed and carried
out under subsection (a) based on the reports submitted under
paragraph (2) of such subsection.
SEC. 10506. EXISTING ACTIVITIES.
A Federal research agency may satisfy requirements under
this subtitle through activities and programs in existence as
of the date of the enactment of this Act.
SEC. 10507. REPORT TO CONGRESS.
Not later than four years after the date of the enactment
of this Act, the Director shall submit to Congress a report
that includes the following:
(1) A description and evaluation of the status and usage of
policies implemented pursuant to section 10505 at all Federal
research agencies, including any recommendations for revising
or expanding such policies.
(2) With respect to efforts to remove or reduce cultural
and institutional barriers limiting the recruitment,
retention, and success of groups historically
underrepresented in academic and government STEM research
careers under section 10505--
(A) what steps all Federal research agencies have taken to
implement policies and practices to further such efforts;
[[Page H7338]]
(B) a description of any significant updates to the
policies for review of Federal research awards required under
such section; and
(C) any evidence of the impact of such policies on the
review or awarding of Federal research awards; and
(3) A description and evaluation of the status of
institution of higher education and Federal laboratory
policies and practices required under section 10505,
including any recommendations for revising or expanding such
policies.
SEC. 10508. MERIT REVIEW.
Nothing in this subtitle may be construed as altering any
intellectual or broader impacts criteria at Federal research
agencies for evaluating award applications.
SEC. 10509. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this subtitle,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 10510. DEFINITION.
In this subtitle, the term ``Director'' means the Director
of the Office of Science and Technology Policy.
Subtitle B--Rural STEM Education Research
SEC. 10511. DEFINITION.
In this subtitle, the term ``Director'' means the Director
of the National Science Foundation.
SEC. 10512. NATIONAL SCIENCE FOUNDATION RURAL STEM
ACTIVITIES.
(a) Preparing Rural STEM Educators.--
(1) In general.--The Director shall make awards on a merit-
reviewed, competitive basis to institutions of higher
education or nonprofit organizations (or a consortium
thereof) for research and development activities to advance
innovative approaches to support and sustain high-quality
STEM teaching in rural schools.
(2) Use of funds.--
(A) In general.--Awards made under this subsection shall be
used for the research and development activities referred to
in paragraph (1), which may include--
(i) engaging rural educators, principals, or other school
leaders of students in prekindergarten through grade 12 in
professional learning opportunities to enhance STEM
knowledge, including computer science, and develop best
practices;
(ii) supporting research on effective STEM teaching and
school leadership practices in rural settings, including the
use of rubrics and mastery- based grading practices to assess
student performance when employing the transdisciplinary
teaching approach for STEM disciplines;
(iii) designing and developing pre-service and in-service
training resources to assist such rural educators,
principals, and other school leaders in adopting
transdisciplinary teaching practices across STEM courses;
(iv) coordinating with local partners to adapt STEM
teaching practices to leverage local, natural, and community
assets in order to support in-place learning in rural areas;
(v) providing hands-on training and research opportunities
for rural educators described in clause (i) at Federal
laboratories or institutions of higher education, or in
industry;
(vi) developing training and best practices for educators
who teach multiple grade levels within a STEM discipline;
(vii) designing and implementing professional development
courses and experiences, including mentoring, for rural
educators, principals, and other school leaders described in
clause (i) that combine face-to-face and online experiences;
and
(viii) any other activity the Director determines will
accomplish the goals of this paragraph.
(B) Rural stem collaborative.--The Director shall establish
a pilot program of regional cohorts in rural areas that will
provide peer support, mentoring, and hands-on research
experiences for rural STEM educators, principals, and other
school leaders of students in prekindergarten through grade
12, in order to build an ecosystem of cooperation among
educators, principals, other school leaders, researchers,
academia, and local industry.
(b) Broadening Participation of Rural Students in STEM.--
(1) In general.--The Director shall make awards on a merit-
reviewed, competitive basis to institutions of higher
education or nonprofit organizations (or a consortium
thereof) for--
(A) research and development of programming to identify the
barriers rural students face in accessing high-quality STEM
education; and
(B) development of innovative solutions to improve the
participation and advancement of rural students in
prekindergarten through grade 12 in STEM studies.
(2) Use of funds.--
(A) In general.--Awards made under this subsection shall be
used for the research and development activities referred to
in paragraph (1), which may include--
(i) developing partnerships with community colleges to
offer advanced STEM course work, including computer science,
to rural high school students;
(ii) supporting research on effective STEM practices in
rural settings;
(iii) implementing a school-wide STEM approach, including
preparation and support for principals and other school
leaders;
(iv) improving the Foundation's Advanced Technology
Education program's coordination and engagement with rural
communities;
(v) collaborating with existing community partners and
networks, such as the Cooperative Extension System services
and extramural research programs of the Department of
Agriculture and youth serving organizations like 4-H, after
school STEM programs, and summer STEM programs, to leverage
community resources and develop place-based programming;
(vi) connecting rural school districts and institutions of
higher education, to improve precollegiate STEM education and
engagement;
(vii) supporting partnerships that offer hands- on inquiry-
based science activities, including coding, and access to lab
resources for students studying STEM in prekindergarten
through grade 12 in a rural area;
(viii) evaluating the role of broadband connectivity and
its associated impact on the STEM and technology literacy of
rural students;
(ix) building capacity to support extracurricular STEM
programs in rural schools, including mentor-led engagement
programs, STEM programs held during non-school hours, STEM
networks, makerspaces, coding activities, and competitions;
(x) creating partnerships with local industries and local
educational agencies to tailor STEM curricula and educational
experiences to the needs of a particular local or regional
economy; and
(xi) any other activity the Director determines will
accomplish the goals of this paragraph.
(c) Application.--An applicant seeking an award under
subsection (a) or (b) shall submit an application at such
time, in such manner, and containing such information as the
Director may require. The application may include the
following:
(1) A description of the target population to be served by
the research activity or activities for which such award is
sought.
(2) A description of the process for recruitment and
selection of students, educators, principals, and other
school leaders, or schools from rural areas to participate in
such activity or activities.
(3) A description of how such activity or activities may
inform efforts to promote the engagement and achievement of
rural students in prekindergarten through grade 12 in STEM
studies.
(4) In the case of a proposal consisting of a partnership
or partnerships with one or more rural schools and one or
more researchers, a plan for establishing a sustained
partnership that is jointly developed and managed, draws from
the capacities of each partner, and is mutually beneficial.
(d) Partnerships.--In making awards under subsection (a) or
(b), the Director shall--
(1) encourage applicants which, for the purpose of the
activity or activities funded through the award, include or
partner with a nonprofit organization or an institution of
higher education (or a consortium thereof) that has extensive
experience and expertise in increasing the participation of
rural students in prekindergarten through grade 12 in STEM;
(2) encourage applicants which, for the purpose of the
activity or activities funded through the award, include or
partner with a consortium of rural schools or rural school
districts; and
(3) encourage applications which, for the purpose of the
activity or activities funded through the award, include
commitments from school principals, other school leaders, and
administrators to making reforms and activities proposed by
the applicant a priority.
(e) Evaluations.--All proposals for awards under
subsections (a) and (b) shall include an evaluation plan that
includes the use of outcome-oriented measures to assess the
impact and efficacy of the award. Each recipient of an award
under this subsection shall include results from these
evaluative activities in annual and final projects.
(f) Accountability and Dissemination.--
(1) Evaluation required.--The Director shall evaluate the
portfolio of awards made under subsections (a) and (b). Such
evaluation shall--
(A) use a common set of benchmarks and tools to assess the
results of research conducted under such awards and identify
best practices; and
(B) to the extent practicable, integrate the findings of
research resulting from the activity or activities funded
through such awards with the findings of other research on
rural students' pursuit of degrees or careers in STEM.
(2) Report on evaluations.--Not later than 180 days after
the completion of the evaluation under paragraph (1), the
Director shall submit to Congress and make widely available
to the public a report that includes--
(A) the results of the evaluation; and
(B) any recommendations for administrative and legislative
action that could optimize the effectiveness of the awards
made under this subsection.
(g) Report by Committee on Equal Opportunities in Science
and Engineering.--As part of the first report required by
section 36(e) of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885c(e)) transmitted to
Congress after the date of enactment of this division, the
Committee on Equal Opportunities in Science and Engineering,
in consultation with the Chief Diversity Officer of the
National Science Foundation, shall include--
(1) a description of past and present policies and
activities of the Foundation to encourage full participation
of students in rural communities in science, mathematics,
engineering, and computer science fields;
(2) an assessment of trends in participation of rural
students in prekindergarten through grade 12 in Foundation
activities; and
(3) an assessment of the policies and activities of the
Foundation, along with proposals for new strategies or the
broadening of existing successful strategies towards
facilitating the goal of increasing participation of rural
students in prekindergarten through grade 12 in Foundation
activities.
[[Page H7339]]
(h) Coordination.--In carrying out this subsection, the
Director shall, for purposes of enhancing program
effectiveness and avoiding duplication of activities,
consult, cooperate, and coordinate with the programs and
policies of other relevant Federal agencies.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Director--
(1) $8,000,000 to carry out the activities under subsection
(a) for each of fiscal years 2023 through 2027; and
(2) $12,000,000 to carry out the activities under
subsection (b) for each of fiscal years 2023 through 2027.
SEC. 10513. OPPORTUNITIES FOR ONLINE EDUCATION.
(a) In General.--The Director shall make competitive awards
to institutions of higher education or nonprofit
organizations (or a consortium thereof, which may include a
private sector partner) to conduct research on online STEM
education courses for rural communities.
(b) Research Areas.--The research areas eligible for
funding under this subsection shall include--
(1) evaluating the learning and achievement of rural
students in prekindergarten through grade 12 in STEM
subjects;
(2) understanding how computer-based and online
professional development courses and mentor experiences can
be integrated to meet the needs of educators, principals, and
other school leaders of rural students in prekindergarten
through grade 12;
(3) combining computer-based and online STEM education and
training with mentoring and other applied learning
arrangements;
(4) leveraging online programs to supplement STEM studies
for rural students that need physical and academic
accommodation; and
(5) any other activity the Director determines will
accomplish the goals of this subsection.
(c) Evaluations.--All proposals for awards under this
section shall include an evaluation plan that includes the
use of outcome-oriented measures to assess the impact and
efficacy of the award. Each recipient of an award under this
subsection shall include results from these evaluative
activities in annual and final projects.
(d) Accountability and Dissemination.--
(1) Evaluation required.--The Director shall evaluate the
portfolio of awards made under this subsection. Such
evaluation shall--
(A) use a common set of benchmarks and tools to assess the
results of research conducted under such awards and identify
best practices; and
(B) to the extent practicable, integrate findings from
activities carried out pursuant to research conducted under
this section, with respect to the pursuit of careers and
degrees in STEM, with those activities carried out pursuant
to other research on serving rural students and communities.
(2) Report on evaluations.--Not later than 180 days after
the completion of the evaluation under paragraph (1), the
Director shall submit to Congress and make widely available
to the public a report that includes--
(A) the results of the evaluation; and
(B) any recommendations for administrative and legislative
action that could optimize the effectiveness of the awards
made under this section.
(e) Coordination.--In carrying out this section, the
Director shall, for purposes of enhancing program
effectiveness and avoiding duplication of activities,
consult, cooperate, and coordinate with the programs and
policies of other relevant Federal agencies.
SEC. 10514. NATIONAL ACADEMIES EVALUATION.
(a) Study.--Not later than 12 months after the date of
enactment of this division, the Director shall enter into an
agreement with the National Academies under which the
National Academies agree to conduct an evaluation and
assessment that--
(1) evaluates the quality and quantity of current Federal
programming and research directed at examining STEM education
for students in prekindergarten through grade 12 and
workforce development in rural areas;
(2) in coordination with the Federal Communications
Commission, assesses the impact that the scarcity of
broadband connectivity in rural communities, and the
affordability of broadband connectivity, have on STEM and
technical literacy for students in prekindergarten through
grade 12 in rural areas;
(3) assesses the core research and data needed to
understand the challenges rural areas are facing in providing
quality STEM education and workforce development;
(4) makes recommendations for action at the Federal, State,
and local levels for improving STEM education, including
online STEM education, for students in prekindergarten
through grade 12 and workforce development in rural areas;
and
(5) makes recommendations to inform the implementation of
programs in sections 10512 and 10513 (___-LOG262) and (___-
LOG263).
(b) Report to Director.--The agreement entered into under
subsection (a) shall require the National Academies, not
later than 24 months after the date of enactment of this
division, to submit to the Director a report on the study
conducted under such paragraph, including the National
Academies' findings and recommendations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Director to carry out this section
$1,000,000 for fiscal year 2023.
SEC. 10515. GAO REVIEW.
Not later than 3 years after the date of enactment of this
division, the Comptroller General of the United States shall
conduct a study on the engagement of rural populations in
Federal STEM education programs and submit to Congress a
report that includes--
(1) an assessment of how Federal STEM education programs
are serving rural populations;
(2) a description of initiatives carried out by Federal
agencies that are targeted at supporting STEM education in
rural areas;
(3) an assessment of what is known about the impact and
effectiveness of Federal investments in STEM education
programs that are targeted to rural areas; and
(4) an assessment of challenges that State and Federal STEM
education programs face in reaching rural population centers.
SEC. 10516. NIST ENGAGEMENT WITH RURAL COMMUNITIES.
(a) Prize Competition.--Pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719), the Secretary of Commerce shall carry out a program to
award prizes competitively to stimulate research and
development of creative technologies to support the
deployment of affordable and reliable broadband connectivity
in rural communities, including unserved rural communities.
(b) Plan for Deployment in Rural Communities.--Each
proposal submitted pursuant to subsection (a) shall include a
proposed plan for deployment of the technology that is the
subject of such proposal.
(c) Prize Amount.--In carrying out the program under
subsection (a), the Secretary may award not more than a total
of $5,000,000 to one or more winners of the prize
competition.
(d) Report.--Not later than 60 days after the date on which
a prize is awarded under the prize competition, the Secretary
shall submit to the relevant committees of Congress a report
that describes the winning proposal of the prize competition.
(e) Consultation.--In carrying out the program under this
section, the Secretary shall consult with the Federal
Communications Commission and the heads of relevant
departments and agencies of the Federal Government.
Subtitle C--MSI STEM Achievement
SEC. 10521. GAO REVIEW.
Not later than three years after the date of the enactment
of this Act, the Comptroller General of the United States
shall report to Congress--
(1) an inventory of competitive funding programs and
initiatives carried out by Federal research agencies that are
targeted to HBCUs, TCUs, and MSIs or partnerships with HBCUs,
TCUs, and MSIs;
(2) an assessment of Federal research agency outreach
activities to increase the participation and competitiveness
of HBCUs, TCUs, and MSIs in the funding programs and
initiatives identified in paragraph (1); and
(3) recommendations of the Comptroller General to increase
the participation of and the rate of success of HBCUs, TCUs,
and MSIs in competitive funding programs offered by Federal
research agencies.
SEC. 10522. AGENCY RESPONSIBILITIES.
(a) In General.--In consultation with outside stakeholders
and the heads of Federal research agencies and the
Interagency Working Group on Inclusion in STEM, the Director
of the Office of Science and Technology Policy shall develop
a uniform set of policy guidelines for Federal research
agencies to carry out a sustained program of outreach
activities to increase clarity, transparency, and
accountability for Federal research agency investments in
STEM education and research activities at HBCUs, TCUs, and
MSIs, including such institutions in rural areas.
(b) Outreach Activities.--In developing policy guidelines
under subsection (a) the Director of the Office of Science
and Technology Policy shall include guidelines that require
each Federal research agency--
(1) to designate a liaison for HBCUs, TCUs, and MSIs
responsible for--
(A) enhancing direct communication with HBCUs, TCUs, and
MSIs to increase the Federal research agency's understanding
of the capacity and needs of such institutions and to raise
awareness of available Federal funding opportunities at such
institutions;
(B) coordinating programs, activities, and initiatives
while accounting for the capacity and needs of HBCUs, TCUs,
and MSIs;
(C) tracking Federal research agency investments in and
engagement with HBCUs, TCUs, and MSIs; and
(D) reporting progress toward increasing participation of
HBCUs, TCUs, and MSIs in award programs;
(2) to the extent practicable, to produce an annual summary
of funding opportunities and proposal deadlines targeted at
HBCUs, TCUs, and MSIs, including for grants, contracts,
subcontracts, and cooperative agreements;
(3) to the extent practicable, identifying in annual budget
requests potential areas for collaboration with HBCUs, TCUs,
and MSIs in the relevant fiscal year, including relating to
potential meetings and workshops;
(4) to investigate proposal structures that support broader
participation by emerging research institutions, including
HBCUs, TCUs, and MSIs;
(5) to conduct on-site reviews of research facilities at
HBCUs, TCUs, and MSIs, as practicable, and make
recommendations regarding strategies for becoming more
competitive in research;
(6) to hold geographically accessible or virtual workshops
on research priorities of the Federal research agency and on
how to write competitive award proposals and how to bolster
award management capacity for the entire award lifecycle,
from application to completion;
(7) to ensure opportunities for HBCUs, TCUs, and MSIs to
directly communicate with Federal research agency officials
responsible for managing competitive award programs in order
to receive feedback on research ideas and proposals,
including guidance on the Federal research agency's merit
review process; and
[[Page H7340]]
(8) to foster mutually beneficial public-private
collaboration among Federal research agencies, industry,
Federal laboratories, academia, and nonprofit organizations
to--
(A) identify alternative sources of funding for STEM
education and research at HBCUs, TCUs, and MSIs;
(B) provide access to high-quality, relevant research
experiences for students and faculty of HBCUs, TCUs, and
MSIs;
(C) expand the professional networks of students and
faculty of HBCUs, TCUs, and MSIs;
(D) broaden STEM educational opportunities for students and
faculty of HBCUs, TCUs, and MSIs; and
(E) support the transition of students of HBCUs, TCUs, and
MSIs into the STEM workforce;
(c) Strategic Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director of the Office of
Science and Technology Policy, in collaboration with the head
of each Federal research agency, shall submit to Congress a
report containing a strategic plan which reflects the plans
of each Federal research agency to increase the capacity of
HBCUs, TCUs, and MSIs to compete effectively for grants,
contracts, or cooperative agreements and to encourage HBCUs,
TCUs, and MSIs to participate in Federal programs.
(2) Considerations.--In developing a strategic plan under
paragraph (1), the Director and the head of each Federal
research agency shall consider the following:
(A) Issuing new or expanding existing funding opportunities
targeted to HBCUs, TCUs, and MSIs.
(B) Modifying existing research and development program
solicitations to incentivize effective partnerships with
HBCUs, TCUs, and MSIs.
(C) Offering planning grants for HBCUs, TCUs, and MSIs to
develop or equip grant offices with the requisite depth of
knowledge to submit competitive grant proposals and manage
awarded grants.
(D) Offering additional training programs, including
individualized and timely guidance to grant officers,
faculty, and postdoctoral researchers at HBCUs, TCUs, and
MSIs to ensure their understanding of the requirements for an
effective grant proposal.
(E) Other approaches for making current competitive funding
models more accessible for underresourced HBCUs, TCUs, and
MSIs.
(d) Report on Policy Guidelines.--Not later than two years
after the date of the enactment of this Act and every five
years thereafter, the Director of the Office of Science and
Technology Policy shall report to Congress on the
implementation by Federal research agencies of the policy
guidelines developed under this section.
(e) Report on Coordination of Federal STEM Education.--
Subsection (d) of section 101(d) of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 6621) is amended--
(1) in paragraph (7) by striking ``and'';
(2) in paragraph (8) by striking the period at the end;
(3) by adding at the end the following:
``(9) an account of Federal research agency investments in
HBCUs, TCUs, and MSIs, including, to the degree practicable,
data on the level of participation of HBCUs, TCUs, and MSIs
as prime recipients, contractors, subrecipients, or
subcontractors of an award, or reasonable estimates thereof;
and
``(10) a description of material changes to the
implementation of section 10522 of the Research and
Development, Competition, and Innovation Act.''.
SEC. 10523. RESEARCH AT THE NATIONAL SCIENCE FOUNDATION.
(a) In General.--The Director shall make awards, on a
competitive basis, to institutions of higher education or
nonprofit organizations (or consortia thereof) to--
(1) conduct research described in subsection (b) with
respect to HBCUs, TCUs, and MSIs; and
(2) identify and broadly disseminate effective models for
programs and practices at HBCUs, TCUs, and MSIs that promote
the education and workforce preparation of minority students
pursuing STEM studies and careers in which such students are
underrepresented.
(b) Research.--Research described in this subsection is
research on the contribution of HBCUs, TCUs, and MSIs to the
education and training of underrepresented minority students
in STEM fields and to the meeting of national STEM workforce
needs, including relating to the following:
(1) The diversity with respect to local context, cultural
differences, and institutional structure among HBCUs, TCUs,
and MSIs and any associated impact on education and research
endeavors.
(2) Effective practices at HBCUs, TCUs, and MSIs and
associated outcomes on student recruitment, retention, and
advancement in STEM fields, including the ability for
students to compete for fellowships, employment, and
advancement in the workforce.
(3) Contributions made by HBCUs, TCUs, and MSIs to local,
regional, and national workforces.
(4) The challenges and opportunities for HBCUs, TCUs, and
MSIs in attaining the resources needed for integrating
effective practices in STEM education, including providing
research experiences for underrepresented minority students.
(5) The access of students at HBCUs, TCUs, and MSIs to STEM
infrastructure and any associated outcomes for STEM
competency.
(6) Models of STEM curriculum, learning, and teaching
successful at HBCUs, TCUs, and MSIs for increasing
participation, retention, and success of underrepresented
minority students.
(7) Successful or promising partnerships between HBCUs,
TCUs, and MSIs and other institutions of higher education,
private sector and nonprofit organizations, Federal
laboratories, and international research institutions.
(c) Research Experiences.--Awards under this section may
fund the development or expansion of opportunities for the
exchange of students and faculty to conduct research,
facilitate professional development, and provide mentorship,
including through partnerships with institutions of higher
education that are not HBCUs, TCUs, or MSIs, private sector
and nonprofit organizations, Federal laboratories, and
international research institutions.
SEC. 10524. CAPACITY-BUILDING PROGRAM FOR DEVELOPING
UNIVERSITIES.
(a) Awards.--
(1) In general.--The Director shall make awards, on a
competitive basis, to eligible institutions described in
subsection (b) to support the mission of the Foundation and
to build institutional research capacity at eligible
institutions.
(2) Administration.--The Director may administer separate
competitions for each category of eligible institution
described in subparagraphs (A) through (C) of subsection
(b)(1) in order to ensure fair competition for institutions
with significantly different research capacities.
(b) Eligible Institutions.--To be eligible to receive an
award under this subsection, an entity--
(1) shall be--
(A) a historically Black college or university;
(B) a Tribal College or University;
(C) a minority-serving institution;
(D) an institution of higher education with an established
STEM capacity-building program focused on Native Hawaiians
and Alaska Natives; or
(E) consortia thereof;
(2) shall--
(A) have not more than $50,000,000 in annual federally
financed research and development expenditures for science
and engineering as reported through the National Science
Foundation Higher Education Research and Development Survey;
or
(B) not be an institution classified as having very high
research activity by the Carnegie Classification of
Institutions of Higher Education.
(c) Partnerships.--In making awards under this section, the
Director shall--
(1) encourage entities that are consortia of eligible
institutions to submit proposals and require such proposals
to include a plan for establishing a sustained partnership
that is jointly developed and managed, draws from the
capacities of each institution, and is mutually beneficial;
(2) encourage proposals submitted in partnership with the
private sector, nonprofit organizations, Federal
laboratories, and international research institutions, as
appropriate;
(3) require proposals described in paragraphs (1) and (2)
to include a plan to strengthen the administrative and
research capacity of the partnering HBCUs, TCUs, or MSIs to
lead future proposals.
(d) Very High Research Activity Status Historically Black
Colleges and Universities Program.--Awards under this section
may be used to enable HBCUs which have high research activity
status to achieve very high research activity status, as
classified under the Carnegie Classification of Institutions
of Higher Education, by enabling--
(1) faculty professional development;
(2) stipends for graduate and undergraduate students, and
postdoctoral scholars;
(3) acquisition of laboratory equipment and
instrumentation; and
(4) other activities as necessary to build research
capacity.
(e) Proposals.--To receive an award under this subsection,
an eligible institution shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director may require, including--
(1) a plan that describes how the eligible institution will
establish or expand research office capacity and how such
award would be used to--
(A) conduct an assessment of capacity-building and research
infrastructure needs of an eligible institution;
(B) enhance institutional resources to provide
administrative research development support to faculty at an
eligible institution;
(C) bolster the institutional research competitiveness of
an eligible institution to support awards made by the
Foundation;
(D) support the acquisition of instrumentation necessary to
build research capacity at an eligible institution in
research areas directly associated with the Foundation;
(E) increase capability of an eligible institution to move
technology into the marketplace;
(F) increase engagement with industry to execute research
through the SBIR and STTR programs (as such terms are defined
in section 9(e) of the Small Business Act (15 U.S.C. 638(e))
and direct contracts at an eligible institution;
(G) enhance STEM curriculum and research training
opportunities at the undergraduate, graduate, and
postdoctoral levels at an eligible institution;
(H) further faculty development initiatives and strengthen
institutional research training infrastructure, capacity, and
competitiveness of an eligible institution;
(I) address plans and prospects for long-term
sustainability of institutional enhancements at an eligible
institution resulting from the award including, if
applicable, how the award may be leveraged by an eligible
institution to build a broader base of support; and
(J) develop and implement mechanisms for institutions of
higher education to partner with HBCUs, TCUs, and MSIs on
STEM education, including the facilitation of student
exchanges, course and resource sharing, collaboration, and
matriculation of students to either institution's graduate
programs, mentoring programs for students and junior faculty,
joint research projects, and student access to graduate
education; and
[[Page H7341]]
(2) as relevant, a plan, which shall be updated every three
years, that describes the institution's strategy to achieve
very high research activity status, including making
investments with institutional and non-Federal funds, to
achieve that status within a decade of the grant award, to
the extent practicable.
(f) MSI Centers of Innovation.--Awards under this section
may fund the establishment of not more than five MSI Centers
of Innovation to leverage successes of HBCUs, TCUs, and MSIs
in STEM education and research training of underrepresented
minority students as models for other institutions, including
both HBCUs, TCUs, and MSIs and institutions of higher
education that are not HBCUs, TCUs, or MSIs. Such centers
will be located on campuses of selected HBCUs, TCUs, or MSIs,
and serve as incubators to allow institutions of higher
education to experiment, pilot, evaluate, and scale up
promising practices.
(g) Awards.--Awards made under this subsection shall be for
periods of three years and may be extended for periods of not
more than five years.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to the Director $200,000,000 for fiscal
year 2023 and $250,000,000 for each of fiscal years 2024
through 2027 to carry out the activities in this section and
section 10523.
(i) Report on Improving the Research Capacity at High
Research Activity Historically Black Colleges and
Universities.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the National Science and
Technology Council shall prepare and submit a report that--
(A) identifies challenges and barriers to Federal research
and development awards for high research activity status
HBCUs; and
(B) identifies recommendations for Federal research
agencies to sustainably boost the research capacity of high
research activity status HBCUs through awards-making
authorities.
(2) Report submission.--The National Science and Technology
Council shall transmit the report required under paragraph
(1) to the Director, the Administrator of the National
Aeronautics and Space Administration, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of
Defense, the Secretary of Energy, the Secretary of Health and
Human Services, and the heads of other such agencies as
determined relevant by the National Science and Technology
Council.
(3) Information from federal agencies.--The National
Science and Technology Council may secure directly from a
Federal department or agency such information as the National
Science and Technology Council considers necessary to prepare
the report required under paragraph (1). Upon a request from
the National Science and Technology Council, the head of a
Federal department or agency shall furnish such information
as is requested to the National Science and Technology
Council.
SEC. 10525. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM.
(a) Awards to Broaden Tribal College and University Student
Participation in Computer Science.--Section 525 of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C.
1862p-13) is amended by adding at the end the following:
``(d) Awards to Broaden Tribal College and University
Student Participation in Computer Science.--
``(1) In general.--The Director, as part of the program
authorized under this section, shall make awards on a
competitive, merit-reviewed basis to eligible entities to
increase the participation of Tribal populations in computer
science and computational thinking education programs to
enable students to develop skills and competencies in coding,
problem-solving, critical thinking, creativity and
collaboration.
``(2) Purpose.--Awards made under this subsection shall
support--
``(A) research and development needed to bring computer
science and computational thinking courses and degrees to
Tribal Colleges or Universities;
``(B) research and development of instructional materials
needed to integrate computer science and computational
thinking into programs that are culturally relevant to
students attending Tribal Colleges or Universities;
``(C) research, development and evaluation of distance
education for computer science and computational thinking
courses and degree programs for students attending Tribal
Colleges and Universities; and
``(D) other activities consistent with the activities
described in paragraphs (1) through (4) of subsection (b), as
determined by the Director.
``(3) Partnerships.--A Tribal College or University seeking
an award under this subsection, or consortia thereof, may
partner with an institution of higher education or nonprofit
organization with demonstrated expertise in academic program
development.
``(4) Coordination.--In carrying out this subsection, the
Director shall consult and cooperate with the programs and
policies of other relevant Federal agencies to avoid
duplication with and enhance the effectiveness of the program
under this subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to the Director $2,000,000 in
each of fiscal years 2023 through 2027 to carry out this
subsection.''.
(b) Evaluation.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Director shall evaluate the
award program authorized under section 525 of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13), as
amended by subsection (a).
(2) Requirements.--In conducting the evaluation under
paragraph (1), the Director shall, as practicable--
(A) use a common set of benchmarks and assessment tools to
identify best practices and materials developed or
demonstrated by the research conducted pursuant to award
programs under section 525 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p-13), as amended
by subsection (a);
(B) include an assessment of the effectiveness of such
award programs in expanding access to high quality STEM
education, research, and outreach at Tribal Colleges or
Universities, as applicable;
(C) assess the number of students who participated in such
award programs; and
(D) assess the percentage of students participating in such
award programs who successfully complete their education
programs.
(3) Report.--Not later than 180 days after the date on
which the evaluation under paragraph (1) is completed, the
Director shall submit to Congress and make available to the
public, a report on the results of the evaluation, including
any recommendations for legislative action that could
optimize the effectiveness of the award program authorized
under section 525 of the America COMPETES Reauthorization Act
of 2010, as amended by subsection (a).
SEC. 10526. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) HBCU.--The term ``HBCU'' has the meaning given the term
``part B institution'' in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061).
(3) Minority serving institution.--The term ``minority
serving institution'' or ``MSI'' means Hispanic-Serving
Institutions as defined in section 502 of the Higher
Education Act of 1965 (20 U.S.C. 1101a); Alaska Native
Serving Institutions and Native Hawaiian-Serving Institutions
as defined in section 317 of the Higher Education Act of 1965
(20 U.S.C. 1059d); and Predominantly Black Institutions,
Asian American and Native American Pacific Islander-Serving
Institutions, and Native American-Serving Nontribal
Institutions as defined in section 371 of the Higher
Education Act of 1965 (20 U.S.C. 1067q(c)).
(4) TCU.--The term ``TCU'' has the meaning given the term
``Tribal College or University'' in section 316 of the Higher
Education Act of 1965 (20 U.S.C. 1059c).
Subtitle D--Combating Sexual Harassment in Science
SEC. 10531. FINDINGS.
Congress makes the following findings:
(1) According to the report issued by the National
Academies of Sciences, Engineering, and Medicine in 2018
entitled ``Sexual Harassment of Women: Climate, Culture, and
Consequences in Academic Sciences, Engineering, and
Medicine''--
(A) sexual harassment is pervasive in institutions of
higher education;
(B) the most common type of sexual harassment is gender
harassment;
(C) 58 percent of individuals in the academic workplace
experience sexual harassment, the second highest rate when
compared to the military, the private sector, and Federal,
State, and local government;
(D) women who are members of racial or ethnic minority
groups are more likely to experience sexual harassment and to
feel unsafe at work than White women, White men, or men who
are members of such groups;
(E) the training for each individual who has a Doctor of
Philosophy in the science, technology, engineering, and
mathematics fields is estimated to cost approximately
$500,000; and
(F) attrition of an individual so trained results in a loss
of talent and money.
(2) According to a 2017 University of Illinois study, among
astronomers and planetary scientists, 18 percent of women who
are members of racial or ethnic minority groups and 12
percent of White women skipped professional events because
they did not feel safe attending.
(3) Reporting procedures with respect to sexual harassment
are inconsistent among Federal research agencies and have
varying degrees of accessibility.
(4) There is not adequate communication among Federal
research agencies and between such agencies and recipients
regarding reports of sexual harassment, which has resulted in
harassers receiving Federal funding after moving to a
different institution.
SEC. 10532. PURPOSE.
The purpose of this subtitle is to increase understanding
of the causes and consequences of sex-based and sexual
harassment, as discussed in the report issued by the National
Academies in 2018 entitled ``Sexual Harassment of Women:
Climate, Culture, and Consequences in Academic Sciences,
Engineering, and Medicine'', and to advance evidence-based
approaches to reduce the prevalence and negative impact of
such harassment.
SEC. 10533. DEFINITION.
In this subtitle, the term ``Director'' means the Director
of the National Science Foundation.
SEC. 10534. RESEARCH AWARDS.
(a) In General.--The Director shall make awards, on a
competitive basis, to institutions of higher education or
nonprofit organizations (or consortia of such institutions or
organizations)--
(1) to expand research efforts to better understand the
factors contributing to, and consequences of, sex-based and
sexual harassment affecting individuals in the STEM
workforce, including students and trainees; and
(2) to examine approaches to reduce the incidence and
negative consequences of such harassment.
(b) Use of Funds.--Activities funded by an award under this
section may include--
[[Page H7342]]
(1) research on the sex-based and sexual harassment
experiences of individuals, including in racial and ethnic
minority groups, disabled individuals, foreign nationals,
sexual-minority individuals, and others;
(2) development and assessment of policies, procedures,
trainings, and interventions, with respect to sex-based and
sexual harassment, conflict management, and ways to foster
respectful and inclusive climates;
(3) research on approaches for remediating the negative
impacts and outcomes of such harassment on individuals
experiencing such harassment;
(4) support for institutions of higher education or
nonprofit organizations to develop, adapt, implement, and
assess the impact of innovative, evidence-based strategies,
policies, and approaches to policy implementation to prevent
and address sex-based and sexual harassment;
(5) research on alternatives to the power dynamics,
hierarchical, and dependent relationships, including but not
limited to the mentor-mentee relationship, in academia that
have been shown to create higher levels of risk for and lower
levels of reporting of sex- based and sexual harassment; and
(6) establishing a center for the ongoing compilation,
management, and analysis of organizational climate survey
data.
SEC. 10535. RESPONSIBLE CONDUCT GUIDE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director shall enter into an
agreement with the National Academies to update the report
entitled ``On Being a Scientist: A Guide to Responsible
Conduct in Research'' issued by the National Academies. The
report, as so updated, shall include--
(1) updated professional standards of conduct in research;
(2) promising practices for preventing, addressing, and
mitigating the negative impact of sex-based and sexual
harassment, to include--
(A) standards of treatment individuals can expect to
receive under updated standards of conduct;
(B) evidence-based practices for fostering a climate
intolerant of sex-based, sexual, and other forms of
harassment;
(C) methods, including bystander intervention, for
identifying and addressing incidents of such harassment; and
(D) professional standards for mentorship and teaching with
an emphasis on power diffusion mechanisms and preventing such
harassment; and
(3) promising practices for mitigating potential security
risks that threaten research security.
(b) Report.--Not later than 18 months after the effective
date of the agreement under subsection (a), the National
Academies, as part of such agreement, shall submit to the
Director and the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the
report referred to in such subparagraph, as updated pursuant
to such subparagraph.
SEC. 10536. INTERAGENCY WORKING GROUP.
(a) In General.--The Director of the Office of Science and
Technology Policy, acting through the National Science and
Technology Council, shall establish or designate an
interagency working group for the purpose of coordinating
Federal research agency efforts to reduce the prevalence of
sex-based and sexual harassment involving award personnel. In
coordination with the working group on inclusion in STEM
fields established under section 308 of the American
Innovation and Competitiveness Act (42 U.S.C. 6626) and the
Safe Inclusive Research Environments Subcommittee of the
National Science and Technology Council, and in consultation
with representatives from each Federal research agency, the
Office for Civil Rights at the Department of Health and Human
Services, the Office for Civil Rights at the Department of
Education, and the Equal Employment Opportunity Commission,
the working group shall--
(1) not later than 90 days after the date of the enactment
of this Act, submit to the Committee on Science, Space, and
Technology, the Committee on Education and Labor, and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Health, Education, Labor,
and Pensions of the Senate an inventory of Federal research
agency policies, procedures, and resources dedicated to
preventing and responding to reports of sex-based and sexual
harassment;
(2) not later than 6 months after the date on which the
inventory is submitted under paragraph (1)--
(A) in consultation with outside stakeholders, develop a
consistent set of policy guidelines for Federal research
agencies; and
(B) submit a report to the committees referred to in
paragraph (1) containing such guidelines;
(3) encourage and monitor efforts of Federal research
agencies to develop or maintain and implement policies based
on the guidelines developed under paragraph (2);
(4) not later than 1 year after the date on which the
inventory under paragraph (1) is submitted, and every 5 years
thereafter, the Director of the Office of Science and
Technology Policy shall report to Congress on the
implementation by Federal research agencies of the policy
guidelines developed under paragraph (2); and
(5) update such policy guidelines as needed.
(b) Requirements.--In developing policy guidelines under
subsection (a)(2), the Director of the Office of Science and
Technology Policy shall include guidelines that require, to
the extent practicable--
(1) recipients to submit to the Federal research agency or
agencies from which the recipients receive funding reports
relating to--
(A) any decision made to launch a formal investigation of
sex-based or sexual harassment, including bullying,
retaliation, or hostile working conditions by, or of, award
personnel;
(B) administrative action, related to an allegation against
award personnel of any such harassment, as set forth in
organizational policies or codes of conduct, statutes,
regulations, or executive orders, that affects the ability of
award personnel or their trainees to carry out the activities
of the award;
(C) the total number of investigations with no findings or
determinations of misconduct including such harassment;
(D) findings or determinations of such harassment, as set
forth in organizational policies or codes of conduct,
statutes, regulations, or Executive orders by, or of, award
personnel, including the final disposition of a matter
involving a violation of organizational policies and
processes, to include the exhaustion of permissible appeals,
or a determination of a sexual offense in a court of law, or
any other disciplinary action taken;
(2) the sharing, updating, and archiving of reports of sex-
based and sexual harassment from recipients submitted under
paragraph (1) with relevant Federal research agencies, on a
yearly basis and by agency request; and
(3) consistency among Federal research agencies with regard
to the policies and procedures for receiving reports
submitted pursuant to paragraph (1).
(4) FERPA.--The Director of the Office of Science and
Technology Policy shall ensure that such guidelines and
requirements are consistent with the requirements of section
444 of the General Education Provisions Act (20 U.S.C. 1232g)
(commonly referred to as the ``Family Educational Rights and
Privacy Act of 1974'').
(5) Privacy protections.--The Director of the Office of
Science and Technology Policy shall ensure that such
guidelines and requirements--
(A) do not infringe upon the privacy rights of individuals
associated with reports submitted to Federal research
agencies; and
(B) do not require recipients to provide interim reports to
Federal research agencies.
(c) Considerations.--In carrying out subsection (a)(2), the
Director of the Office of Science and Technology Policy shall
consider issuing guidelines that require or incent--
(1) recipients to periodically assess their organizational
climate, which may include the use of climate surveys, focus
groups, or exit interviews;
(2) recipients to publish on a publicly available internet
website the results of assessments conducted pursuant to
paragraph (1), disaggregated by sex and, if practicable,
race, ethnicity, disability status, and sexual orientation,
and in a manner that does not include personally identifiable
information;
(3) recipients to make public on an annual basis the number
of reports of sex-based and sexual harassment at that
institution or organization;
(4) recipients to regularly assess and improve policies,
procedures, and interventions to reduce the prevalence of and
improve the reporting of sex-based and sexual harassment;
(5) each entity applying for a research and development
award certify that a code of conduct is in place for
maintaining a healthy and welcoming workplace for award
personnel and posted on their public website;
(6) each recipient and Federal research agency to have in
place mechanisms for addressing the needs of individuals who
have experienced sex-based and sexual harassment, including
those individuals seeking to reintegrate at the recipient
entity; and
(7) recipients to work to create a climate intolerant of
sex- based and sexual harassment and that values and promotes
diversity and inclusion.
(d) Federal Research Agency Implementation.--Not later than
270 days after receiving the guidelines under paragraph
(a)(2), each Federal research agency shall--
(1) develop or maintain and implement policies with respect
to sex-based and sexual harassment that are consistent with
policy guidelines under subsection (a)(2) and that protect
the privacy of all parties involved in any report and
investigation of sex-based or sexual harassment, to the
maximum extent practicable; and
(2) broadly disseminate such policies to current and
potential recipients of research and development awards made
by such agency.
SEC. 10537. NATIONAL ACADEMIES ASSESSMENT.
Not later than 3 years after the date of enactment of this
Act, the Director shall enter into an agreement with the
National Academies to undertake a study and issue a report on
the influence of sex-based and sexual harassment in
institutions of higher education on the career advancement of
individuals in the STEM workforce. The study shall assess--
(1) the state of research on sex-based and sexual
harassment in such workforce;
(2) whether research demonstrates a decrease in the
prevalence of sex-based and sexual harassment in such
workforce;
(3) the progress made with respect to implementing
recommendations promulgated in the National Academies
consensus study report entitled ``Sexual Harassment of Women:
Climate, Culture, and Consequences in Academic Sciences,
Engineering, and Medicine'';
(4) where to focus future efforts with respect to
decreasing the prevalence of sex-based and sexual harassment
in such institutions, including specific recommendations; and
(5) other recommendations and issues, as the National
Academies determines appropriate.
SEC. 10538. GAO STUDY.
Not later than 3 years after the date of enactment of this
division, the Comptroller General of the United States
shall--
(1) complete a study that assesses the degree to which
Federal research agencies have implemented the policy
guidelines developed under
[[Page H7343]]
section 10536(a)(2) and the effectiveness of that
implementation; and
(2) submit a report to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate on the
results of such study, including recommendations on potential
changes to practices and policies to improve those guidelines
and that implementation.
SEC. 10539. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Director to
carry out this subtitle, $32,500,000.
TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS
Subtitle A--Supporting Early-career Researchers
SEC. 10601. EARLY-CAREER RESEARCH FELLOWSHIP PROGRAM.
(a) In General.--The Director of the National Science
Foundation may establish a 2-year pilot program to make
awards to highly qualified early-career investigators to
carry out an independent research program at the institution
of higher education or participating Federal research
facility chosen by such investigator, to last for a period
not greater than two years.
(b) Selection Process.--The Director of the National
Science Foundation shall select recipients under subsection
(a) from among citizens, nationals, and lawfully admitted
permanent resident aliens of the United States.
(c) Outreach.--The Director of the National Science
Foundation shall conduct program outreach to recruit
fellowship applicants--
(1) from all regions of the country;
(2) from historically underrepresented populations in the
fields of science, technology, engineering, and mathematics;
and
(3) who graduate from or intend to carry out research at a
variety of types of institutions of higher education,
including--
(A) historically Black colleges and universities;
(B) Tribal Colleges and Universities;
(C) minority-serving institutions;
(D) institutions of higher education that are not among the
top 50 institutions in annual Federal funding for research;
and
(E) EPSCoR institutions.
(d) Special Consideration.--The Director of the National
Science Foundation shall give special consideration and
priority to an application from an individual who graduated
from or is intending to carry out research at an institution
of the type specified in subsection (c)(3).
(e) Reports From Fellows.--Not later than 180 days after
the end of the pilot program under this section, each early-
career investigator who receives an award under the pilot
program shall submit to the Director of the National Science
Foundation a report that describes how the early-career
investigator used the award funds.
(f) Report From the Director.--Not later than 90 days after
the conclusion of the second year of the pilot program, the
Director of the National Science Foundation shall submit to
Congress a report that includes the following:
(1) A summary of the uses of award funds under this section
and the impact of the pilot program under this section.
(2) Statistical summary data on fellowship awardees
disaggregated by race, ethnicity, sex, geography, age, years
since completion of doctoral degree, and institution type.
(3) If determined effective, a plan for permanent
implementation of the pilot program.
SEC. 10602. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Director of
the National Science Foundation $250,000,000 for each of
fiscal years 2023 through 2024 to carry out the activities in
this subtitle.
Subtitle B--National Science and Technology Strategy
SEC. 10611. NATIONAL SCIENCE AND TECHNOLOGY STRATEGY.
Section 206 of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6615) is
amended to read as follows:
``SEC. 206. NATIONAL SCIENCE AND TECHNOLOGY STRATEGY.
``(a) In General.--Not later than December 31 of the year
immediately after the calendar year in which a review under
section 206B is completed, the Director of the Office of
Science and Technology Policy shall, in coordination with the
National Science and Technology Council, develop and submit
to Congress a comprehensive national science and technology
strategy of the United States to meet national research and
development objectives for the following 4-year period (in
this section referred to as `the national science and
technology strategy').
``(b) Requirements.--In developing each national science
and technology strategy described in subsection (a), the
Director of the Office of Science and Technology Policy
shall--
``(1) consider--
``(A) the recommendations and priorities developed by the
review under section 206B;
``(B) the most recently published interim or final national
security strategy report submitted pursuant to section 108 of
the National Security Act of 1947 (50 U.S.C. 3043);
``(C) other relevant national plans, reports, and
strategies; and
``(D) the strategic plans of relevant Federal departments
and agencies; and
``(2) include a description of--
``(A) strategic objectives and research priorities
necessary to maintain and advance--
``(i) the leadership of the United States in science and
technology, including in the key technology focus areas,
including near-term, medium-term, and long-term economic
competitiveness; and
``(ii) the leadership of the United States in technologies
required to address societal and national challenges,
including a transition to a circular economy;
``(B) programs, policies, and activities that the President
recommends across all Federal departments and agencies to
achieve the strategic objectives and research priorities
described in subparagraph (A);
``(C) plans to promote sustainability practices and
strategies for increasing jobs in the United States;
``(D) global trends in science and technology, including
potential threats to the leadership of the United States in
science and technology and opportunities for international
collaboration in science and technology; and
``(E) plans to foster the development of international
partnerships to reinforce domestic policy actions, build new
markets, engage in collaborative research, and create an
international environment that reflects United States values
and protects United States interests.
``(c) Consultation.--The Director of the Office of Science
and Technology Policy shall consult as necessary with the
Office of Management and Budget and other appropriate
elements of the Executive Office of the President to ensure
that the recommendations and priorities delineated in the
science and technology strategy are incorporated in the
development of annual budget requests.
``(d) Bi-Annual Briefing to Congress.--The Director of the
Office of Science and Technology Policy shall provide on a
bi-annual basis, after each release of the national science
and technology strategy, a briefing to the relevant
congressional committees, which may include updates on the
following:
``(1) The status and development of the national science
and technology strategy, including any significant changes.
``(2) The implementation of the national science and
technology strategy.
``(3) Any other information about the national science and
technology strategy, as determined by the Director of the
Office of Science and Technology Policy.
``(e) Publication.--The Director of the Office of Science
and Technology Policy shall, consistent with the protection
of national security and other sensitive matters to the
maximum extent practicable, make each national science and
technology strategy publicly available on an internet website
of the Office. Each report may include a classified annex if
the Director of the Office of Science and Technology Policy
determines such is appropriate.
``(f) Termination.--This section terminates on the date
that is ten years after the date of the enactment of this
section.''.
SEC. 10612. STRATEGY AND REPORT ON THE NATION'S ECONOMIC
SECURITY, SCIENCE, RESEARCH, AND INNOVATION TO
SUPPORT THE NATIONAL SECURITY STRATEGY.
(a) Definitions.--In this section:
(1) Foreign country of concern.--The term ``foreign country
of concern'' means the People's Republic of China, the
Democratic People's Republic of Korea, the Russian
Federation, the Islamic Republic of Iran, or any other
country determined to be a country of concern by the
Department of State.
(2) Foreign entity of concern.--The term ``foreign entity
of concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization by the
Secretary of State under section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury (commonly
known as the SDN list);
(C) owned by, controlled by, or subject to the jurisdiction
or direction of a government of a foreign country that is a
covered nation (as such term is defined in section 4872 of
title 10, United States Code);
(D) alleged by the Attorney General to have been involved
in activities for which a conviction was obtained under--
(i) chapter 37 of title 18, United States Code (commonly
known as the Espionage Act);
(ii) section 951 or 1030 of title 18, United States Code;
(iii) chapter 90 of title 18, United States Code (commonly
known as the Economic Espionage Act of 1996);
(iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801
et seq.); or
(vii) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
(E) determined by the Secretary of Commerce, in
consultation with the Secretary of Defense and the Director
of National Intelligence, to be engaged in unauthorized
conduct that is detrimental to the national security or
foreign policy of the United States.
(3) National security strategy.--The term ``national
security strategy'' means the national security strategy
required under section 108 of the National Security Act of
1947 (50 U.S.C. 3043).
(b) Strategy and Report.--
(1) In general.--Not later than 90 days after the
transmission of each national security strategy under section
108(a) of the National Security Act of 1947 (50 U.S.C.
3043(a)), the President, acting through the Director of the
Office of Science and Technology Policy, shall, in
coordination with the National Science and Technology
Council, the National Security Council,
[[Page H7344]]
the Director of the National Economic Council, and the heads
of such other relevant Federal agencies as the Director of
the Office of Science and Technology Policy considers
appropriate and in consultation with such nongovernmental
partners as the Director of the Office of Science and
Technology Policy considers appropriate--
(A) review such strategy, including the national defense
strategy under subsection (g) of section 113 of title 10,
United States Code, and the national science and technology
strategy under section 206 of the National Science and
Technology Policy, Organization, and Priorities Act of 1976
(42 U.S.C. 6615), programs, and resources as the Director of
the Office of Science and Technology Policy determines
pertain to United States' national competitiveness in
science, technology, research, innovation, and technology
transfer activities, including patenting and licensing, that
support the national security strategy;
(B) develop or revise a national strategy to improve the
national competitiveness of United States science,
technology, research, and innovation to support the national
security strategy; and
(C) submit to Congress--
(i) a report on the findings of the Director of the Office
of Science and Technology Policy with respect to the review
conducted pursuant to subparagraph (A); and
(ii) the strategy developed or revised pursuant to
subparagraph (B).
(2) Termination.--This subsection terminates on the date
that is 5 years after the date of the enactment of this Act.
(c) Elements.--
(1) Report.--Each report submitted under subsection
(b)(1)(C)(i) shall include the following:
(A) An assessment of the efforts of the United States
Government to preserve United States leadership in key
emerging technologies and prevent United States strategic
competitors from leveraging advanced technologies to gain
strategic military or economic advantages over the United
States.
(B) An assessment of public and private investment in
science and technology relevant to national security
purposes, and the implications of such for the geostrategic
position of the United States.
(C) A description of the prioritized economic security
interests and objectives.
(D) An assessment of global trends in science and
technology, including potential threats to the national
security of the United States in science and technology.
(E) An assessment of the national debt and its implications
for the economic and national security of the United States.
(F) An assessment of how regional innovation capacity
efforts in STEM fields are contributing and could contribute
to the national security the United States, including
programs run by State and local governments.
(G) An assessment of the following:
(i) Workforce needs for competitiveness in technology areas
identified in the national security strategy.
(ii) Any efforts needed to expand pathways into technology
fields to achieve the goals of the national security
strategy.
(H) An assessment of barriers to the development,
evolution, or competitiveness of start-ups, small and mid-
sized business entities, and industries that are critical to
national security.
(I) An assessment of the effectiveness of the Federal
Government, federally funded research and development
centers, and national laboratories in supporting and
promoting the technology commercialization and technology
transfer of technologies critical to national security.
(J) An assessment of manufacturing capacity, logistics, and
supply chain dynamics of major export sectors that are
critical to national security, including access to a skilled
workforce, physical infrastructure, and broadband network
infrastructure.
(K) An assessment of how the Federal Government is
increasing the participation of underrepresented populations
in science, research, innovation, and manufacturing.
(L) An assessment of public-private partnerships in
technology commercialization in support of national security,
including--
(i) the structure of current defense technology research
and commercialization arrangements with regard to public-
private partnerships; and
(ii) the extent to which intellectual property developed
with Federal defense funding--
(I) is being used to manufacture in the United States
rather than in other countries; and
(II) is being used by foreign business entities that are
majority owned or controlled (as such term is defined in
section 800.208 of title 31, Code of Federal Regulations, or
a successor regulation), or minority owned greater than 25
percent by--
(aa) any governmental organization of a foreign country of
concern; or
(bb) any other entity that is--
(AA) known to be owned or controlled by any governmental
organization of a foreign country of concern; or
(BB) organized under, or otherwise subject to, the laws of
a foreign country of concern.
(M) Recommendations to enhance the ability of the Federal
Government to recruit into Federal service and retain in such
service individuals with critical skills relevant to national
security.
(N) Recommendations for policies to protect United States
leadership and the allies of the United States in critical
areas relevant to national security through targeted export
controls, investment screening, and counterintelligence
activities.
(O) Informed by the interagency process established under
section 1758 of the Export Control Reform Act of 2018, a
technology annex, which may be classified, describing an
integrated and enduring approach to the identification,
prioritization, development, and fielding of emerging
technologies relevant to national security.
(2) Strategy.--Each strategy submitted under subsection
(b)(1)(C)(ii) shall, to the extent practicable, include the
following:
(A) A plan to utilize available tools to address or
minimize the leading threats and challenges and to take
advantage of the leading opportunities, particularly in
regards to technologies central to international competition
in science and technology relevant to national security
purposes, including the following:
(i) Specific objectives, tasks, metrics, and milestones for
each relevant Federal agency.
(ii) Strategic objectives and priorities necessary to
maintain the leadership of the United States in science and
technology relevant to national security purposes, including
near-term, medium-term, and long-term research priorities.
(iii) Specific plans to safeguard research and technology
funded, as appropriate, in whole or in part, by the Federal
Government, including in technologies critical to national
security, from theft or exfiltration by foreign entities of
concern.
(iv) Specific plans to support public and private sector
investment in research, technology development, education and
workforce development, and domestic manufacturing supportive
of the national security of the United States and to foster
the use of public-private partnerships.
(v) A description of the following:
(I) How the strategy submitted under subsection
(b)(1)(C)(ii) supports the national security strategy.
(II) How the strategy submitted under such subsection is
integrated and coordinated with the most recent--
(aa) national defense strategy under subsection (g) of
section 113 of title 10, United States Code; and
(bb) national science and technology strategy under section
206 of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6615).
(vi) A plan to encourage the governments of countries that
are allies or partners of the United States to cooperate with
the execution of such strategy, where appropriate.
(vii) A plan for strengthening the industrial base of the
United States.
(viii) A plan to remove or update overly burdensome or
outdated Federal regulations, as appropriate.
(ix) A plan--
(I) to further incentivize industry participation in
public-private partnerships for the purposes of accelerating
technology research and commercialization in support of
national security, including alternate ways of accounting for
in-kind contributions and valuing partially manufactured
products;
(II) to ensure that intellectual property developed with
Federal funding is commercialized in the United States; and
(III) to ensure, to the maximum appropriate extent, that
intellectual property developed with Federal funding is not
being used by foreign business entities that are majority
owned or controlled (as such term is defined in section
800.208 of title 31, Code of Federal Regulations, or a
successor regulation), or minority owned greater than 25
percent by--
(aa) any governmental organization of a foreign country of
concern; or
(bb) any other entity that is--
(AA) known to be owned or controlled by any governmental
organization of a foreign country of concern; or
(BB) organized under, or otherwise subject to, the laws of
a foreign country of concern.
(x) An identification of additional resources,
administrative action, or legislative action recommended to
assist with the implementation of such strategy.
(d) Research and Development Funding.--The Director of the
Office of Science and Technology Policy shall, as the
Director of the Office of Science and Technology Policy
considers necessary, consult with the Director of the Office
of Management and Budget and with the heads of such other
elements of the Executive Office of the President as the
Director of the Office of Science and Technology Policy
considers appropriate to ensure the recommendations and
priorities with respect to research and development funding
relevant to national security, as expressed in the most
recent report and strategy submitted under subsection
(b)(1)(C) are incorporated into the development of annual
budget requests for Federal research agencies.
(e) Publication.--The Director of the Office of Science and
Technology Policy shall, consistent with the protection of
national security and other sensitive matters and to the
maximum extent practicable, make each report submitted under
subsection (b)(1)(C)(i) publicly available on an internet
website of the Office of Science and Technology Policy. Each
such report may include a classified annex if the Director of
the Office of Science and Technology Policy determines such
is appropriate.
SEC. 10613. QUADRENNIAL SCIENCE AND TECHNOLOGY REVIEW.
The National Science and Technology Policy, Organization,
and Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is
amended by inserting after section 206 the following new
section:
``SEC. 206B. QUADRENNIAL SCIENCE AND TECHNOLOGY REVIEW.
``(a) Requirements.--
``(1) Quadrennial reviews required.--Not later than
December 31, 2023, and every four years thereafter, the
Director of the Office of Science and Technology Policy shall
complete a review of the science and technology enterprise of
the United States (in this section referred to as the
`quadrennial science and technology review').
[[Page H7345]]
``(2) Scope.--The quadrennial science and technology review
shall be a comprehensive examination of the science and
technology strategy of the United States, including
recommendations for maintaining global leadership in science
and technology and advancing science and technology to
address the societal and national challenges and guidance
regarding the coordination of programs, assets, capabilities,
budget, policies, and authorities across all Federal research
and development programs.
``(3) Consultation.--The Director of the Office of Science
and Technology Policy shall conduct each quadrennial science
and technology review in consultation with the following:
``(A) The National Science and Technology Council.
``(B) The President's Council of Advisors on Science and
Technology.
``(C) The National Science Board.
``(D) The National Security Council.
``(E) The heads of other relevant Federal agencies.
``(F) Other relevant governmental and nongovernmental
entities, including representatives from industry,
institutions of higher education, nonprofit organizations,
Members of Congress, and other policy experts.
``(4) Coordination.--The Director of the Office of Science
and Technology Policy shall ensure that each quadrennial
science and technology review is coordinated with other
relevant statutorily required reviews, and to the maximum
extent practicable incorporates information and
recommendations from existing reviews to avoid duplication.
``(b) Contents.--In each quadrennial science and technology
review, the Director of the Office of Science and Technology
Policy shall--
``(1) provide an integrated view of, and recommendations
for, science and technology policy across the Federal
Government, while considering economic and national security
and other societal and national challenges;
``(2) assess and recommend priorities for research,
development, and demonstration programs to maintain United
States leadership in science and technology, including in
manufacturing and industrial innovation;
``(3) assess and recommend priorities for research,
development, and demonstration programs to address societal
and national challenges;
``(4) assess the global competition in science and
technology and identify potential threats to the leadership
of the United States in science and technology and
opportunities for international collaboration;
``(5) assess and make recommendations on the science,
technology, engineering, mathematics, and computer science
workforce of the United States;
``(6) assess and make recommendations to improve regional
innovation across the United States;
``(7) identify and assess sectors critical for the long-
term resilience of United States innovation leadership across
design, manufacturing, supply chains, and markets;
``(8) assess and make recommendations to improve
translation of basic and applied research and the enhancement
of technology transfer of federally funded research;
``(9) identify, assess, and make recommendations to address
science and technology gaps that would not be met without
Federal investment;
``(10) review administrative and legislative policies and
funding opportunities that affect private sector science and
technology activities, and identify and make recommendations
regarding policies that maintain and grow the participation
and competitiveness of small- and medium-sized businesses;
``(11) assess and identify the infrastructure and tools
needed to maintain the leadership of the United States in
science and technology and address other societal and
national challenges; and
``(12) review administrative or legislative policies that
affect the science and technology enterprise and identify and
make recommendations regarding policies that hinder research
and development in the United States.
``(c) Reporting.--
``(1) In general.--Not later than December 31 of the year
in which a quadrennial science and technology review is
conducted, the Director of the Office of Science and
Technology Policy shall submit to Congress a report relating
to such review.
``(2) Publication.--The Director of the Office of Science
and Technology Policy shall, consistent with the protection
of national security and other sensitive matters to the
maximum extent practicable, make each report submitted under
paragraph (1) publicly available on an internet website of
the Office of Science and Technology Policy. Each report may
include a classified annex if the Director of the Office of
Science and Technology Policy determines such appropriate.
``(d) Termination.--This section shall terminate on the
date that is ten years after the date of the enactment of
this section.''.
Subtitle C--Regional Innovation
SEC. 10621. REGIONAL INNOVATION CAPACITY.
(a) In General.--The Stevenson-Wydler Technology Innovation
Act of 1980 (Public Law 96-480; 15 U.S.C. 3701 et seq.) is
amended--
(1) by redesignating section 28 as section 30; and
(2) by inserting after section 27 the following:
``SEC. 28. REGIONAL TECHNOLOGY AND INNOVATION HUB PROGRAM.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation, the Committee on Environment and Public
Works, and the Committee on Appropriations of the Senate; and
``(B) the Committee on Science, Space, and Technology and
the Committee on Appropriations of the House of
Representatives.
``(2) Cooperative extension services.--The term
`cooperative extension services' has the meaning given the
term in section 1404 of the Food and Agriculture Act of 1977
(7 U.S.C. 3103).
``(3) Site connectivity infrastructure.--The term `site
connectivity infrastructure' means localized driveways and
access roads to a facility as well as hookups to the new
facility for drinking water, waste water, broadband, and
other basic infrastructure services already present in the
area.
``(4) Venture development organization.--The term `venture
development organization' has the meaning given such term in
section 27(a) of the Stevenson-Wydler Act of 1980 (15 U.S.C.
3722(a)).
``(5) Community development financial institution.--The
term `community development financial institution' has the
meaning given in section 103 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4702).
``(6) Minority depository institution.--The term `minority
depository institution' means an entity that is--
``(A) a minority depository institution, as defined in
section 308 of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1463 note); or
``(B) considered to be a minority depository institution
by--
``(i) the appropriate Federal banking agency; or
``(ii) the National Credit Union Administration, in the
case of an insured credit union.
``(7) Low population state.--The term `low population
State' means a State without an urbanized area with a
population greater than 250,000 as reported in the decennial
census.
``(8) Small and rural communities.--The term `small and
rural community' means a noncore area, a micropolitan area,
or a small metropolitan statistical area with a population of
not more than 250,000.
``(b) Regional Technology and Innovation Hub Program.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall carry out a program--
``(A) to encourage new and constructive collaborations
among local, State, Tribal, and Federal government entities,
institutions of higher education, the private sector,
economic development organizations, labor organizations,
nonprofit organizations, and community organizations that
promote broad-based regional innovation initiatives;
``(B) to support eligible consortia in the development and
implementation of regional innovation strategies;
``(C) to designate eligible consortia as regional
technology and innovation hubs and facilitate activities by
consortia designated as regional technology and innovation
hubs in implementing their regional innovation strategies--
``(i) to enable United States leadership in technology and
innovation sectors critical to national and economic
security;
``(ii) to support regional economic development and
resilience, including in small cities and rural areas, and
promote increased geographic diversity of innovation across
the United States;
``(iii) to promote the benefits of technology development
and innovation for all Americans, including underserved
communities and vulnerable communities;
``(iv) to support the modernization and expansion of United
States manufacturing based on advances in technology and
innovation;
``(v) to support domestic job creation and broad-based
economic growth; and
``(vi) to improve the pace of market readiness, industry
maturation, and overall commercialization and domestic
production of innovative research;
``(D) to ensure that the regional technology and innovation
hubs address the intersection of emerging technologies and
either regional challenges or national challenges; and
``(E) to conduct ongoing research, evaluation, analysis,
and dissemination of best practices for regional development
and competitiveness in technology and innovation.
``(2) Awards.--The Secretary shall carry out the program
required by paragraph (1) through the award of the following:
``(A) Strategy development grants or cooperative agreements
to eligible consortia under subsection (e).
``(B) Strategy implementation grants or cooperative
agreements to regional technology and innovation hubs under
subsection (f).
``(3) Administration.--The Secretary shall carry out this
section through the Assistant Secretary of Commerce for
Economic Development in coordination with the Under Secretary
of Commerce for Standards and Technology.
``(c) Eligible Consortia.--For purposes of this section, an
eligible consortium is a consortium that--
``(1) includes 1 or more of each of the following--
``(A) institutions of higher education, which may include
Historically Black Colleges and Universities, Tribal Colleges
or Universities, and minority-serving institutions;
``(B) State, territorial, local, or Tribal governments or
other political subdivisions of a State, including State and
local agencies, or a consortium thereof;
``(C) industry or firms in relevant technology, innovation,
or manufacturing sectors;
``(D) economic development organizations or similar
entities that are focused primarily on improving science,
technology, innovation, entrepreneurship, or access to
capital; and
[[Page H7346]]
``(E) labor organizations or workforce training
organizations, which may include State and local workforce
development boards as established under sections 101 and 107
of the Workforce Investment and Opportunity Act (29 U.S.C.
3111; 3122); and
``(2) may include 1 or more--
``(A) economic development entities with relevant
expertise, including a district organization (as defined in
section 300.3 of title 13, Code of Federal Regulations, or
successor regulation);
``(B) organizations that contribute to increasing the
participation of underserved populations in science,
technology, innovation, and entrepreneurship;
``(C) venture development organizations;
``(D) organizations that promote local economic stability,
high-wage domestic jobs, and broad-based economic
opportunities, such as employee ownership membership
associations and State or local employee ownerships and
cooperative development centers, financial institutions and
investment funds, including community development financial
institutions and minority depository institutions;
``(E) elementary schools and secondary schools, including
area career and technical education schools (as defined in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (29 U.S.C. 2302);
``(F) National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801));
``(G) Federal laboratories;
``(H) Manufacturing extension centers;
``(I) Manufacturing USA institutes;
``(J) transportation planning organizations;
``(K) a cooperative extension services;
``(L) organizations that represent the perspectives of
underserved communities in economic development initiatives;
and
``(M) institutions receiving an award under section 10388
of the Research and Development, Competition, and Innovation
Act.
``(d) Designation of Regional Technology and Innovation
Hubs.--
``(1) In general.--In carrying out subsection (b)(1)(C),
the Secretary shall use a competitive, merit-review process
to designate eligible consortia as regional technology and
innovation hubs.
``(2) Distribution.--In conducting the competitive process
under paragraph (1), the Secretary shall ensure geographic
and demographic diversity in the designation of regional
technology hubs by, subject to available appropriations,
designating at least 20 technology hubs, and--
``(A) seeking to designate at least three technology hubs
in each region covered by a regional office of the Economic
Development Administration, while--
``(i) ensuring that not fewer than one-third of eligible
consortia so designated as regional technology hubs
significantly benefit a small and rural community, which may
include a State or territory described in clauses (ii) and
(iii);
``(ii) ensuring that not fewer than one-third of eligible
consortia so designated as regional technology hubs include
as a member of the eligible consortia at least 1 member that
is a State or territory that is eligible to receive funding
from the Established Program to Stimulate Competitive
Research of the National Science Foundation; and
``(iii) ensuring that at least one eligible consortium so
designated as a regional technology hub is headquartered in a
low population State that is eligible to receive funding from
the Established Program to Stimulate Competitive Research of
the National Science Foundation;
``(B) seeking to designate an additional two regional
technology hubs based on selection factors which shall
include likelihood of success and may include regional
factors such as the extent to which the regional technology
and innovation hub significantly engages and benefits
underserved communities in and near metropolitan areas;
``(C) encouraging eligible consortia to leverage
institutions of higher education serving populations
historically underrepresented in STEM, including historically
Black Colleges and Universities, Tribal Colleges or
Universities, and minority-serving institutions to
significantly benefit an area or region; and
``(D) encouraging proposals from eligible consortia that
would significantly benefit an area or region whose economy
significantly relies on or has recently relied on coal, oil,
or natural gas production or development.
``(3) Relation to certain grant awards.--The Secretary
shall not require an eligible consortium to receive a grant
or cooperative agreement under subsection (e) in order to be
designated as a regional technology and innovation hub under
paragraph (1) of this subsection.
``(e) Strategy Development Grants and Cooperative
Agreements.--
``(1) In general.--The Secretary shall use a competitive,
merit-review process to award grants or cooperative
agreements to eligible consortia for the development of
regional innovation strategies.
``(2) Number of recipients.--Subject to availability of
appropriations, the Secretary shall seek to award a grant or
cooperative agreement under paragraph (1) to not fewer than
60 eligible consortia.
``(3) Geographic diversity and representation.--
``(A) In general.--The Secretary shall carry out paragraph
(1) in a manner that ensures geographic diversity and
representation from communities of differing populations.
``(B) Awards to small and rural communities.--In carrying
out paragraph (1), the Secretary shall--
``(i) award not fewer than one-third of the grants and
cooperative agreements under such paragraph to eligible
consortia that significantly benefit a small and rural
community, which may include a State described in clause
(ii); and
``(ii) award not fewer than one-third of the grants and
cooperative agreements under such paragraph to eligible
consortia that include as a member of the eligible consortia
at least 1 member that is a State or territory that is
eligible to receive funding from the Established Program to
Stimulate Competitive Research of the National Science
Foundation.
``(4) Use of funds.--
``(A) Use of funds under this grant shall include--
``(i) coordination of a locally defined planning processes,
across jurisdictions and agencies, relating to developing a
comprehensive regional technology strategy;
``(ii) identification of regional partnerships for
developing and implementing a comprehensive regional
technology strategy;
``(iii) implementation or updating of assessments to
determine regional needs and capabilities;
``(iv) development or updating of goals and strategies to
implement an existing comprehensive regional plan;
``(v) identification or implementation of planning and
local zoning and other code changes necessary to implement a
comprehensive regional technology strategy; and
``(vi) development of plans for promoting broad-based
economic growth in a region.
``(B) Use of funds under this grant may include the
formation of a workforce development strategy, according to
the needs for a skilled and technical workforce at all skill
and degree levels in the region proposed to be served by the
eligible consortia. Any workforce development strategy
submitted pursuant to paragraph (1) should include--
``(i) how the eligible consortia will develop, offer, or
improve educational or career training programs and
curriculum for a skilled and technical workforce;
``(ii) the extent to which such programs developed and
offered by the eligible consortia will meet the educational
or career training needs of a skilled and technical workforce
in the region to be served;
``(iii) how the eligible consortia will provide facilities
for students to receive training under such programs
developed and offered by the eligible consortia; and
``(iv) how the eligible consortia will enhance outreach and
recruitment for such programs developed and offered by the
eligible consortia to populations underrepresented in STEM.
``(5) Federal share.--The Federal share of the cost of an
effort carried out using a grant or cooperative agreement
awarded under this subsection may not exceed 80 percent--
``(A) where in-kind contributions may be used for all or
part of the non-Federal share, but Federal funding from other
government sources may not count towards the non-Federal
share;
``(B) except in the case of an eligible consortium that
represents all or part of a small and rural or other
underserved community, the Federal share may be up to 90
percent of the total cost, subject to subparagraph (A); and
``(C) except in the case of an eligible consortium that is
led by a Tribal government, the Federal share may be up to
100 percent of the total cost of the project.
``(f) Strategy Implementation Grants and Cooperative
Agreements.--
``(1) In general.--The Secretary shall use a competitive,
merit-review process to award grants or cooperative
agreements to regional technology and innovation hubs for the
implementation of regional innovation strategies, including
regional strategies for infrastructure and site development,
in support of the regional innovation and technology and
innovation hub's plans and programs. The Secretary should
determine the size and number of awards based on
appropriations available to ensure the success of regional
technology and innovation hubs as outlined in subsection (h).
``(2) Use of funds.--Grants or cooperative agreements
awarded under paragraph (1) to a regional technology and
innovation hub may be used by the regional technology and
innovation hub to support any of the following activities,
consistent with the most current regional innovation strategy
of the regional technology and innovation hub, which may have
been developed with or without financial assistance received
under subsection (e) of this section:
``(A) Workforce development activities.--Workforce
development activities including activities relating to the
following:
``(i) The creation of partnerships between industry,
workforce, nonprofit, and educational institutions, which may
include community colleges, to create and align technical
training and educational programs, including for a skilled
technical workforce.
``(ii) The design, development, and updating of educational
and training curriculum and programs, including training of
trainers, teachers, or instructors tied to demonstrated
regional skilled and technical workforce needs.
``(iii) The procurement of facilities and equipment, as
required to train a skilled and technical workforce.
``(iv) The development and execution of programs, including
traineeships and apprenticeships, to rapidly provide training
and award certificates or credentials recognized by regional
industries or other organizations.
``(v) The matching of regional employers with a potential
new entrant, underemployed, underrepresented, reentering, or
incumbent workforce, as well as the securing of commitments
from employers to hire workers who successfully complete
training programs, or who are awarded certificates or
credentials.
``(vi) The expansion of successful training programs at a
scale required by the region served by the regional
technology and innovation hub, including through the use of
online education and mentoring.
[[Page H7347]]
``(vii) The development and expansion of programs with the
goal of increasing the participation of persons historically
underrepresented in STEM and manufacturing in the workforce
development plans of the regional technology and innovation
hub.
``(viii) The provision of support services for attendees of
training programs developed, updated, or expanded pursuant to
this subsection, including career counseling.
``(ix) The implementation of outreach and recruitment for
training programs developed, updated, or expanded pursuant to
this subsection, particularly at local educational
institutions, including high schools and community colleges.
``(B) Business and entrepreneur development activities.--
Business and entrepreneur development activities, including
activities relating to the following:
``(i) The development and growth of local and regional
businesses and the training of entrepreneurs, which may
include support for the expansion of employee owned
businesses and cooperatives.
``(ii) The support of technology commercialization,
including funding for activities relevant to the protection
of intellectual property and for advancing potential ventures
such as acceleration, incubation, early-stage production and
other relevant programming.
``(iii) The development of local and regional capital
networks and consortia to attract necessary private funding
to businesses and entrepreneurs in the region.
``(iv) The development of local and regional networks for
business and entrepreneur mentorship.
``(C) Technology development and maturation activities.--
Technology maturation activities, including activities
relating to the following:
``(i) The development and deployment of technologies in
sectors critical to the region served by the regional
technology and innovation hub or to national and economic
security, including industry-university research cooperation,
proof of concept, prototype development, testing, and scale-
up for manufacturing.
``(ii) The development of programming to support the
creation and transfer of intellectual property into private
use, such as through startup creation.
``(iii) The provision of facilities for technology
maturation, including incubators and production testbeds for
collaborative development of technologies by private sector,
academic, nonprofit, and other entities.
``(iv) Activities to provide or ensure access to capital
for new business and business expansion, including by
attracting new private, public, and philanthropic investment
and by establishing local and regional venture and loan
funds, community development financial institutions, and
minority depository institutions.
``(D) Infrastructure-related activities.--The building of
facilities and site connectivity infrastructure necessary to
carry out activities described in subparagraphs (A), (B), and
(C), including activities relating to the following:
``(i) Establishing a center with required tools and
instrumentation for workforce development.
``(ii) Establishing a facility for technology development,
demonstration, and testing.
``(iii) Establishing collaborative incubators to support
technology commercialization and entrepreneur training.
``(3) Term.--
``(A) Initial performance period.--The term of an initial
grant or cooperative agreement awarded under this subsection
shall be for a period that the Secretary deems appropriate
for the proposed activities but not less than 2 years.
``(B) Subsequent performance period.--The Secretary may
renew a grant or cooperative agreement awarded to a regional
technology and innovation hub under paragraph (1) for such
period as the Secretary considers appropriate, if the
Secretary determines that the regional technology and
innovation hub has made satisfactory progress towards the
metrics agreed to under subsection (j).
``(C) Flexible approach.--In renewing a grant or
cooperative agreement under subparagraph (B), the Secretary
and the eligible consortium may agree to new or additional
uses of funds in order to meet changes in the needs of the
region.
``(4) Limitation on amount of awards.--
``(A) Initial performance period.--The amount of an initial
grant or cooperative agreements awarded to a regional
technology and innovation hub under paragraph (3)(A) shall be
no more than $150,000,000.
``(B) Subsequent performance period.--Upon renewal of a
grant or cooperative agreement under paragraph (3)(B), the
Secretary may award funding in the amount that the Secretary
considers appropriate, ensuring that no single regional
technology and innovation hub receives more than 10 percent
of the aggregate amount of the grants and cooperative
agreements awarded under this subsection.
``(5) Matching required.--
``(A) Initial performance period.--Except in the case of a
regional technology and innovation hub described in
subparagraph (C), the total amount of all grants awarded to a
regional technology and innovation hub under this subsection
in phase one shall not exceed 90 percent of the total
operating costs of the regional technology and innovation hub
during the initial performance period.
``(B) Subsequent performance period.--Except in the case of
a regional technology and innovation hub described in
subparagraph (C), the total amount of all grants awarded to a
regional technology and innovation hub in subsequent
performance periods shall not exceed 75 percent of the total
operating costs of the regional technology and innovation hub
in each year of the grant or cooperative agreement.
``(C) Small and rural communities, underserved communities,
and indian tribes.--
``(i) In general.--The total Federal financial assistance
awarded in a given year to a regional technology and
innovation hub under this subsection shall not exceed amounts
as follows:
``(I) In the case of a regional technology and innovation
hub that primarily serves a small and rural community or
other underserved community, in a fiscal year, 90 percent of
the total funding of the regional technology and innovation
hub in that fiscal year.
``(II) In the case of a regional technology and innovation
hub that is led by a Tribal government, in a fiscal year, 100
percent of the total funding of the regional technology and
innovation hub in that fiscal year.
``(ii) Minimum threshold of rural representation.--For
purposes of clause (i)(I), the Secretary shall establish a
minimum threshold of rural representation in the regional
technology and innovation hub.
``(D) In-kind contributions.--For purposes of this
paragraph, in-kind contributions may be used for part of the
non-Federal share of the total funding of a regional
technology and innovation hub in a fiscal year.
``(6) Grants for infrastructure.--Any grant or cooperative
agreement awarded under this subsection to support the
construction of facilities and site connectivity
infrastructure shall be awarded pursuant to section 201 of
the Public Works and Economic Development Act of 1965 (42
U.S.C. 3141) and subject to the provisions of such Act,
except that subsection (b) of such section and sections 204
and 301 of such Act (42 U.S.C. 3144; 3161) shall not apply.
``(7) Relation to certain grant awards.--The Secretary
shall not require a regional technology and innovation hub to
receive a grant or cooperative agreement under subsection (e)
in order to receive a grant or cooperative agreement under
this subsection.
``(g) Applications.--An eligible consortium seeking
designation as a regional technology and innovation hub under
subsection (d) or a grant or cooperative agreement under
subsection (e) or (f) shall submit to the Secretary an
application therefore at such time, in such manner, and
containing such information as the Secretary may specify.
``(h) Considerations for Designation and Award of Strategy
Implementation Grants and Cooperative Agreements.--In
selecting an eligible consortium that submitted an
application under subsection (g) for designation under
subsection (d) or for a grant or cooperative agreement under
subsection (f), the Secretary shall consider the following:
``(1) The potential of the eligible consortium to advance
the research, development, deployment, and domestic
manufacturing of technologies in a key technology focus area,
as described in section 10387 of the Research and
Development, Competition, and Innovation Act or other
technology or innovation sector critical to national security
and economic competitiveness.
``(2) The likelihood of positive regional economic effect,
including increasing the number of high wage domestic jobs,
creating new economic opportunities for economically
disadvantaged and underrepresented populations, and building
and retaining wealth in the region.
``(3) How the eligible consortium plans to integrate with
and leverage the resources of 1 or more federally funded
research and development centers, National Laboratories,
Federal laboratories, Manufacturing USA institutes, Hollings
Manufacturing Extension Partnership centers, regional
innovation engines or translation accelerators established
under sections 10388 and 10389 of the Research and
Development, Competition, and Innovation Act, test beds
established and operated under section 10390 of such Act, or
other Federal entities.
``(4) How the eligible consortium will engage with the
private sector, including small- and medium-sized businesses
and cooperatives, and employee-owned businesses and
cooperatives, to commercialize new technologies and improve
the resiliency and sustainability of domestic supply chains
in a key technology focus area, or other technology or
innovation sector critical to national security and economic
competitiveness.
``(5) How the eligible consortium will carry out workforce
development and skills acquisition programming, including
through partnerships with entities that include State and
local workforce development boards, institutions of higher
education, including community colleges, historically Black
colleges and universities, Tribal Colleges or Universities,
and minority-serving institutions, labor organizations,
nonprofit organizations, workforce development programs, and
other related activities authorized by the Secretary, to
support the development of a skilled technical workforce for
the regional technology and innovation hub, including key
technology focus area or other technology or innovation
sector critical to national security and economic
competitiveness.
``(6) How the eligible consortium will improve or expand
science, technology, engineering, and mathematics education
programs and opportunities in the identified region in
elementary and secondary school and higher education
institutions located in the identified region to support the
development of a key technology focus area or other
technology or innovation sector critical to national security
and economic competitiveness.
``(7) How the eligible consortium plans to develop
partnerships with venture development organizations,
community development financial institutions and minority
depository institutions, and sources of private investment in
support of private sector activity, including launching new
or expanding existing companies in a key technology focus
area or other technology or innovation sector critical to
national security and economic competitiveness.
``(8) How the eligible consortium plans to organize the
activities of regional partners across
[[Page H7348]]
sectors in support of a regional technology and innovation
hub.
``(9) How the eligible consortium considers opportunities
to support local and regional businesses through procurement,
including from minority-owned and women-owned businesses.
``(10) How the eligible consortium will ensure that growth
in technology, innovation, and advanced manufacturing sectors
produces opportunity across the identified region and for
economically disadvantaged, minority, underrepresented and
rural populations, including, as appropriate, consideration
of how the eligible consortium takes into account the
relevant impact of existing regional status and plans or may
affect regional goals for affordable housing availability,
local and regional transportation, high-speed internet
access, and primary and secondary education.
``(11) How well the region's education institutions align
their activities, including research, educational programs,
training, with the proposed areas of focus.
``(12) The likelihood efforts served by the consortium will
be sustained once Federal support ends.
``(13) How the eligible consortium will, as appropriate--
``(A) enhance the economic, environmental, and energy
security of the United States by promoting domestic
development, manufacture, and deployment of innovative clean
technologies and advanced manufacturing practices; and
``(B) support translational research, technology
development, manufacturing innovation, and commercialization
activities relating to clean technology.
``(i) Coordination and Collaboration.--
``(1) Coordination with regional innovation program.--The
Secretary shall ensure the activities under this section do
not duplicate activities or efforts under section 27.
``(2) Coordination among hubs.--The Secretary shall ensure
eligible consortia that receive a grant or cooperative
agreement under this section coordinate and share best
practices for regional economic development.
``(3) Coordination with programs of the national institute
of standards and technology.--The Secretary shall coordinate
the activities of regional technology and innovation hubs
designated under this section, the Hollings Manufacturing
Extension Partnership, and the Manufacturing USA Program, as
the Secretary considers appropriate, to maintain the
effectiveness of a manufacturing extension center or a
Manufacturing USA institute.
``(4) Coordination with department of energy programs.--The
Secretary shall, in collaboration with the Secretary of
Energy, coordinate the activities and selection of regional
technology and innovation hubs designated under this section,
as the Secretaries consider appropriate, to maintain the
effectiveness of activities at the Department of Energy and
the National Laboratories.
``(5) Interagency collaboration.--In designating regional
technology and innovation hubs under subsection (d) and
awarding grants or cooperative agreements under subsection
(f), the Secretary--
``(A) shall collaborate with Federal departments and
agencies whose missions contribute to the goals of the
regional technology and innovation hub;
``(B) shall consult with the Director of the National
Science Foundation for the purpose of ensuring that the
regional technology and innovation hubs are aligned with
relevant science, technology, and engineering expertise; and
``(C) may accept funds from other Federal agencies to
support grants, cooperative agreements, and activities under
this section.
``(j) Performance Measurement, Transparency, and
Accountability.--
``(1) Metrics, standards, and assessment.--For each grant
and cooperative agreement awarded under subsection (f) for a
regional technology and innovation hub, the Secretary shall--
``(A) in consultation with the regional technology and
innovation hub, develop metrics, which may include metrics
relating to domestic job creation, patent awards, increases
in research funding, business formation and expansion, and
participation of individuals or communities historically
underrepresented in STEM, to assess the effectiveness of the
activities funded in making progress toward the purposes set
forth under subsection (b)(1);
``(B) establish standards for the performance of the
regional technology and innovation hub that are based on the
metrics developed under subparagraph (A); and
``(C) prior to any award made under a subsequent
performance period in subsection (f) and every 2 years
thereafter until Federal financial assistance under this
section for the regional technology and innovation hub is
discontinued, conduct an assessment of the regional
technology and innovation hub to confirm whether the
performance of the regional technology and innovation hub is
meeting the standards for performance established under
subparagraph (B) of this paragraph.
``(2) Final reports by recipients of strategy
implementation grants and cooperative agreements.--
``(A) In general.--The Secretary shall require each
eligible consortium that receives a grant or cooperative
agreement under subsection (f) for activities of a regional
technology and innovation hub, as a condition of receipt of
such grant or cooperative agreement, to submit to the
Secretary, not later than 120 days after the last day of the
term of the grant or cooperative agreement, a report on the
activities of the regional technology and innovation hub
supported by the grant or cooperative agreement.
``(B) Contents of report.--Each report submitted by an
eligible consortium under subparagraph (A) shall include the
following:
``(i) A detailed description of the activities carried out
by the regional technology and innovation hub using the grant
or cooperative agreement described in subparagraph (A),
including the following:
``(I) A description of each project the regional technology
and innovation hub completed using such grant or cooperative
agreement.
``(II) An explanation of how each project described in
subclause (I) achieves a specific goal under this section in
the region of the regional technology and innovation hub with
respect to--
``(aa) the resiliency and sustainability of a supply chain;
``(bb) research, development, and deployment of a critical
technology;
``(cc) workforce training and development;
``(dd) domestic job creation;
``(ee) entrepreneurship and company formation;
``(ff) commercialization;
``(gg) access to private capital; or
``(hh) participation of individuals or communities
historically underrepresented in STEM.
``(ii) A discussion of any obstacles encountered by the
regional technology and innovation hub in the implementation
of the regional technology and innovation hub and how the
regional technology and innovation hub overcame those
obstacles.
``(iii) An evaluation of the success of the projects of the
regional technology and innovation hub using the performance
standards and measures established under paragraph (1),
including an evaluation of the planning process and how the
project contributes to carrying out the regional innovation
strategy of the regional technology and innovation hub.
``(iv) The effectiveness of the regional technology and
innovation hub in ensuring that, in the region of the
regional technology and innovation hub, growth in technology
and innovation sectors produces broadly shared opportunity
across the region, including for economic disadvantaged and
underrepresented populations and rural areas.
``(v) Information regarding such other matters as the
Secretary may require.
``(3) Interim reports by recipients of grants and
cooperative agreements.--In addition to requiring submittal
of final reports under paragraph (2)(A), the Secretary may
require a regional technology and innovation hub described in
such paragraph to submit to the Secretary such interim
reports as the Secretary considers appropriate.
``(4) Annual reports to congress.--Not less frequently than
once each year, the Secretary shall submit to the appropriate
committees of Congress an annual report on the results of the
assessments conducted by the Secretary under paragraph (1)(C)
during the period covered by the report.
``(k) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary--
``(1) $50,000,000 to award grants and cooperative
agreements under subsection (e) for the period of fiscal
years 2023 through 2027;
``(2) $2,950,000,000 to award grants and cooperative
agreements under subsection (f) for the period of fiscal
years 2023 and 2024; and
``(3) $7,000,000,000 to award grants and cooperative
agreements under subsection (f) for the period of fiscal
years 2025 through 2027.
``(l) Administration.--The Secretary may use funds made
available to carry out this section for administrative costs
under this section.
``SEC. 29. DISTRESSED AREA RECOMPETE PILOT PROGRAM.
``(a) In General.--Within the program authorized under
section 28, the Secretary is authorized to establish a pilot
program, to be known as the `Recompete Pilot Program', to
provide grants to eligible recipients representing eligible
areas or Tribal lands to alleviate persistent economic
distress and support long-term comprehensive economic
development and job creation in eligible areas.
``(b) Strategy Development Grants and Cooperative
Agreements.--Subject to available appropriations, the
Secretary is authorized, on the application of an eligible
recipient, to award up to one half of the number of grants
under subsection (e) of section 28 to eligible recipients to
develop a recompete plan and carry out related predevelopment
activities.
``(c) Strategy Implementation Grants and Cooperative
Agreements.--Subject to available appropriations and
subsection (f) , the Secretary shall award, on the
application of an eligible recipient, at least ten strategy
implementation grants, in accordance with a recompete plan
review and approved by the Secretary, to carry out
coordinated and comprehensive economic development programs
and activities in an eligible area, consistent with a
recompete plan approved by the Secretary. Such activities may
include--
``(1) workforce development activities of the kind
described in section 28(f) or other job training and
workforce outreach programs oriented to local employer needs,
such as--
``(A) customized job training programs carried out by local
community colleges and other training or educational
organizations in partnership with local businesses;
``(B) workforce outreach programs located in, and targeted
to, lower-income and underemployed neighborhoods; and
``(C) programs to embed job placement and training services
in neighborhood institutions such as churches, housing
projects, and community advocacy programs; and
``(D) job retention programs and activities, such as the
provision of career coaches;
``(2) business and entrepreneur development activities of
the kind described in section 28(f), technology development
and maturation activities of the kind described in such
section, or the provision of business advice and assistance
to
[[Page H7349]]
small and medium-sized local businesses and entrepreneurs.
Such advice and assistance may include--
``(A) manufacturing extension services;
``(B) small business development centers;
``(C) centers to help businesses bid for Federal
procurement contracts;
``(D) entrepreneurial assistance programs that link
entrepreneurs with available public and private resources;
``(E) legal advice and resources; and
``(F) assistance in accessing capital;
``(3) infrastructure related activities of the kind
described in section 28(f) or other land and site development
programs, such as brownfield redevelopment, research and
technology parks, business incubators, business corridor
development, and other infrastructure activities related to
supporting job creation and employment for residents, subject
to the requirements of section 28(f)(6); and
``(4) additional planning, predevelopment, technical
assistance, and other administrative activities as may be
necessary for the ongoing implementation, administration, and
operation of the programs and activities carried out with a
grant or cooperative agreement under this section, including
but not limited to economic development planning and
evaluation.
``(d) Term.--
``(1) Initial performance period.--The term of an initial
grant or cooperative agreement awarded under subsection (c)
shall be for a period that the Secretary deems appropriate
for the proposed activities but not less than 2 years.
``(2) Subsequent performance period.--The Secretary may
renew a grant or cooperative agreement awarded under
subsection (c) for such period, such amount, and such terms
as the Secretary considers appropriate, if the Secretary
determines that the recipient of an award under subsection
(c) has made satisfactory progress towards metrics or
benchmarking requirements established by the Secretary at
time of award.
``(3) Flexible approach.--In renewing a grant or
cooperative agreement under subsection (c), the Secretary may
approve new or additional uses of funds, consistent with the
uses described in subsection (c), to meet changes in the
needs of the region.
``(e) Limitations.--
``(1) Limitation on eligible areas.--An eligible area may
not benefit from more than 1 grant or cooperative agreement
described in subsection (b) and 1 grant or cooperative
agreement described in subsection (c), provided that a
renewal described in subsection (d)(2) shall not constitute
an additional grant.
``(2) Limitation on recipients.--For purposes of the
program under this section, an eligible recipient may not
receive multiple grants described in subsection (c) on behalf
of more than 1 eligible area.
``(f) Award Amount.--
``(1) In general.--In determining the amount of a grant
that an eligible recipient may be awarded under subsection
(c), the Secretary shall--
``(A) take into consideration the proposed activities and
projected expenditures outlined in an approved recompete
plan; and
``(B) award not more than the product obtained by
multiplying--
``(i) the prime-age employment gap of the eligible area;
``(ii) the prime-age population of the eligible area; and
``(iii) either--
``(I) $70,585 for local labor markets; or
``(II) $53,600 for local communities.
``(2) Minimum amount.--The Secretary may not make an award
that is less than $20,000,000 to an eligible recipient.
``(g) Applications.--To be considered for a grant or
cooperative agreement under--
``(1) subsection (b) of this section, an eligible recipient
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
determines to be appropriate; and
``(2) subsection (c) of this section, an eligible recipient
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
determines to be appropriate, including a recompete plan
approved by the Secretary.
``(h) Relation to Certain Grant Awards.--The Secretary
shall not require an eligible recipient to receive a grant or
cooperative agreement under subsection (b) in order to
receive a grant or cooperative agreement under subsection
(c).
``(i) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $1,000,000,000 to award
grants and cooperative agreements under subsection (c) of
this section, for the period of fiscal years 2022 through
2026.
``(j) Definitions.--In this section:
``(1) Eligible area.--The term `eligible area' means either
of the following:
``(A) A local labor market that--
``(i) has a prime-age employment gap equal to not less than
2.5 percent; and
``(ii) meets additional criteria as the Secretary may
establish.
``(B) A local community that--
``(i) has a prime-age employment gap equal to not less than
5 percent;
``(ii) is not located within an eligible local labor market
that meets the criteria described in subparagraph (A);
``(iii) has a median annual household income of not more
than $75,000; and
``(iv) meets additional criteria as the Secretary may
establish.
``(2) Eligible recipient.--The term `eligible recipient'
means a specified entity that has been authorized in a manner
as determined by the Secretary to represent and act on behalf
of an eligible area for the purposes of this section.
``(3) Local labor market.--The term `local labor market'
means any of the following areas that contains 1 or more
specified entities described in subparagraphs (A) through (D)
of paragraph (6):
``(A) A metropolitan statistical area or micropolitan
statistical area, excluding any area described in
subparagraph (C).
``(B) A commuting zone, excluding any areas described in
subparagraphs (A) and (C).
``(C) The Tribal land with a Tribal prime-age population
represented by a Tribal government.
``(4) Local community.--The term `local community' means
the area served by a general-purpose unit of local government
that is located within, but does not cover the entire area
of, a local labor market that does not meet the criteria
described in paragraph (1)(A).
``(5) Prime-age employment gap.--
``(A) In general.--The term `prime-age employment gap'
means the difference (expressed as a percentage) between--
``(i) the national 5-year average prime-age employment
rate; and
``(ii) the 5-year average prime-age employment rate of the
eligible area.
``(B) Calculation.--For the purposes of subparagraph (A),
an individual is prime-age if such individual between the
ages of 25 years and 54 years.
``(6) Recompete plan.--The term `recompete plan' means a
comprehensive multiyear economic development plan that--
``(A) includes--
``(i) proposed programs and activities to be carried out
with a grant awarded under subsection (c) to address the
economic challenges of the eligible area in a comprehensive
manner that promotes long-term, sustained economic growth,
lasting job creation, per capita wage increases, and
reduction in the prime-age employment gap of the eligible
area;
``(ii) projected costs and annual expenditures and proposed
disbursement schedule;
``(iii) the roles and responsibilities of specified
entities that may receive grant funds awarded under
subsection (c); and
``(iv) other information as the Secretary determines
appropriate;
``(B) is submitted to the Secretary for approval for an
eligible recipient to be considered for a grant described in
subsection (c); and
``(C) may be modified over the term of the grant by the
eligible recipient, subject to the approval of the Secretary
or at the direction of the Secretary, if the Secretary
determines benchmarking requirements are repeatedly not met
or if other circumstances necessitate a modification.
``(7) Specified entity.--The term `specified entity'
means--
``(A) a unit of local government;
``(B) the District of Columbia;
``(C) a territory of the United States;
``(D) a Tribal government;
``(E) political subdivision of a State or other entity,
including a special-purpose entity engaged in economic
development activities;
``(F) a public entity or nonprofit organization, acting in
cooperation with the officials of a political subdivision of
a State or other entity described in subparagraph (E);
``(G) an economic development district (as defined in
section 3 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3122); and
``(H) a consortium of any of the specified entities
described in this paragraph which serve or are contained
within the same eligible area.
``(8) Tribal land.--The term `Tribal land' means any land--
``(A) located within the boundaries of an Indian
reservation, pueblo, or rancheria; or
``(B) not located within the boundaries of an Indian
reservation, pueblo, or rancheria, the title to which is
held--
``(i) in trust by the United States for the benefit of an
Indian Tribe or an individual Indian;
``(ii) by an Indian Tribe or an individual Indian, subject
to restriction against alienation under laws of the United
States; or
``(iii) by a dependent Indian community.
``(9) Tribal prime-age population.--
``(A) In general.--The term `Tribal prime-age population'
shall be equal to the sum obtained by adding--
``(i) the product obtained by multiplying--
``(I) the total number of individuals ages 25 through 54
residing on the Tribal land of the Tribal government; and
``(II) 0.65; and
``(ii) the product obtained by multiplying--
``(I) the total number of individuals ages 25 through 54
included on the membership roll of the Tribal government; and
``(II) 0.35
``(B) Use of data.--A calculation under subparagraph (A)
shall be determined based on data provided by the applicable
Tribal government to the Department of the Treasury under the
Coronavirus State and Local Fiscal Recovery Fund programs
under title VI of the Social Security Act (42 U.S.C. 801 et
seq.).''.
(b) Initial Designations and Awards.--
(1) Competition required.--Not later than 1 year after the
date of the enactment of this Act, subject to the
availability of appropriations, the Secretary of Commerce
shall commence a competition under subsection (d)(1) of
section 28 of the Stevenson-Wydler Technology Innovation Act
of 1980 (as added by this section).
(2) Designation and award.--Not later than 18 months after
the date of the enactment of this Act, if the Secretary has
received at least 1 application under subsection (g) of
section 28 of the Stevenson-Wydler Technology Innovation Act
of 1980 (as added by this section) from an eligible
consortium which the Secretary considers suitable for
designation under subsection (d)(1) of such section 28, the
Secretary shall--
(A) designate at least 1 regional technology and innovation
hub under subsection (d)(1) of such section 28; and
[[Page H7350]]
(B) award a grant or cooperative agreement under subsection
(f)(1) of such section 28 to each regional technology and
innovation hub designated pursuant to subparagraph (A) of
this paragraph.
(c) Distressed Area Designation and Award.--Not later than
18 months after the date of the enactment of this section,
subject to the availability of appropriations, if the
Secretary has received applications under section 29 of the
Stevenson-Wydler Technology Innovation Act of 1980 (as added
by this section) from an eligible recipient which the
Secretary considers suitable for award under such section 29,
the Secretary shall award grants or cooperative agreement
under subsections (b) and (c) of such section 29 to one or
more eligible recipients.
SEC. 10622. REGIONAL CLEAN ENERGY INNOVATION PROGRAM.
Subtitle C of title IX of the Energy Independence and
Security Act of 2007 is amended by adding at the end the
following:
``SEC. 936. REGIONAL CLEAN ENERGY INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Regional clean energy innovation partnership.--The
term `regional clean energy innovation partnership' means a
group of one or more persons, including a covered consortium,
who perform a collection of activities that are coordinated
by such covered consortium to carry out the purposes of the
program under subsection (c) in a region of the United
States.
``(2) Covered consortium.--The term `covered consortium'
means an individual or group of individuals in partnership
with a government entity, including a State, territorial,
local, or tribal government or unit of such government, and
at least 2 or more of the following additional entities--
``(A) an institution of higher education or a consortium of
institutions of higher education, including community
colleges;
``(B) a workforce development program;
``(C) a private sector entity or group of entities,
including a trade or industry association;
``(D) a nonprofit organization;
``(E) a community group or community-based organization;
``(F) a labor organization or joint labor-management
organization;
``(G) a National Laboratory;
``(H) a venture development organization;
``(I) a community development financial institution or
minority depository institution;
``(J) a worker cooperative membership association or state
or local employee ownership or cooperative development
center;
``(K) an organization focused on clean energy technology
innovation or entrepreneurship;
``(L) a business or clean energy accelerator or incubator;
``(M) an economic development organization;
``(N) a manufacturing facility or organization;
``(O) a multi-institutional collaboration; or
``(P) any other entity that the Secretary determines to be
relevant.
``(3) Program.--The term `program' means the Regional Clean
Energy Innovation Program authorized in subsection (b).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 or 102(a)(1)(B) of the Higher Education
Act of 1965, as amended (20 U.S.C. 1001, 1002(a)(1)(B)).
``(5) National laboratory.--The term `National Laboratory'
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 2 U.S.C. 15801).
``(6) Clean energy technology.--The term `clean energy
technology' means a technology that significantly reduces
energy use, increases energy efficiency, reduces greenhouse
gas emissions, reduces emissions of other pollutants, or
mitigates other negative environmental consequences of energy
production, transmission or use.
``(7) Community-based organization.--The term `community-
based organization' has the meaning given the term in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
``(8) Community college.--The term `community college'
means--
``(A) a public institution of higher education, including
additional locations, at which the highest degree, or the
predominantly awarded degree, is an associate degree; or
``(B) any Tribal college or university (as defined in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c)).
``(9) Workforce development program.--The term `workforce
development program' has the meaning given the term in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
``(b) In General.--The Secretary shall establish a Regional
Clean Energy Innovation Program, a research, development,
demonstration, and commercial application program designed to
enhance the economic, environmental, and energy security of
the United States and accelerate the pace of innovation of
diverse clean energy technologies through the formation or
support of regional clean energy innovation partnerships.
``(c) Purposes of the Program.--The purposes of the Program
established under subsection (b) are to--
``(1) improve the competitiveness of United States' clean
energy technology research, development, demonstration, and
commercial application; and
``(2) support the development of tools and technologies
best suited for use in diverse regions of the United States,
including in rural, tribal, and low-income communities.
``(d) Regional Clean Energy Innovation Partnerships.--
``(1) In general.--The Secretary shall competitively award
grants to covered consortia to establish or support regional
clean energy innovation partnerships that achieve the
purposes of the Program in subsection (c).
``(2) Permissible activities.--Grants awarded under this
subsection shall be used for activities determined
appropriate by the Secretary to achieve the purposes of the
Program in subsection (c), including--
``(A) facilitating the commercial application of clean
energy products, processes, and services, including through
research, development, demonstration, or technology transfer;
``(B) planning among participants of a regional clean
energy innovation partnership to improve the strategic and
cost-effective coordination of the partnership;
``(C) improving stakeholder involvement in the development
of goals and activities of a regional clean energy innovation
partnership;
``(D) assessing different incentive mechanisms for clean
energy development and commercial application in the region;
``(E) hosting events and conferences; and
``(F) establishing and updating roadmaps to measure
progress on relevant goals, such as those relevant to metrics
developed under subsection (g).
``(3) Applications.--Each application submitted to the
Secretary under paragraph (1) may include--
``(A) a list of members and roles of members of the covered
consortia, as well as any other stakeholders supporting the
activities of the regional clean energy innovation
partnership;
``(B) an assessment of the relevant clean energy innovation
assets needed in a region to achieve proposed outcomes, such
as education and workforce development programs, research
facilities, infrastructure or site development, access to
capital, manufacturing capabilities, or other assets;
``(C) a description of proposed activities that the
regional clean energy innovation partnership plans to
undertake and how the proposed activities will achieve the
purposes described in subsection (c);
``(D) a plan for attracting additional funds and
identification of funding sources from non-Federal sources to
deliver the proposed outcomes of the regional clean energy
innovation partnership;
``(E) a plan for partnering and collaborating with
community development financial institutions and minority
depository institutions, labor organizations and community
groups, worker cooperative membership associations, local and
state employee ownership and cooperative development centers,
and other local institutions in order to promote employee,
community, and public ownership in the clean energy sector,
and advance models of local economic development that build
and retain wealth in the region;
``(F) a plan for sustaining activities of the regional
clean energy innovation partnership after funds received
under this program have been expended; and
``(G) a proposed budget, including financial contributions
from non-Federal sources.
``(4) Considerations.--In selecting covered consortia for
funding under the Program, the Secretary shall, to the
maximum extent practicable--
``(A) give special consideration to applications from
rural, tribal, and low-income communities; and
``(B) ensure that there is geographic diversity among the
covered consortia selected to receive funding.
``(5) Award amount.--Grants given out under this Program
shall be in an amount not greater than $10,000,000, with the
total grant award in any year less than that in the previous
year.
``(6) Cost share.--For grants that are disbursed over the
course of three or more years, the Secretary shall require,
as a condition of receipt of funds under this section, that a
covered consortium provide not less than 50 percent of the
funding for the activities of the regional clean energy
partnership under this section for years 3, 4, and 5.
``(7) Duration.--Each grant under paragraph shall be for a
period of not longer than 5 years.
``(8) Renewal.--A grant awarded under this section may be
renewed for a period of not more than 5 years, subject to a
rigorous merit review based on the progress of a regional
clean energy innovation partnership towards achieving the
purposes of the program in subsection (c) and the metrics
developed under subsection (g).
``(9) Termination.--Consistent with the existing
authorities of the Department, the Secretary may terminate
grant funding under this subsection to covered consortia
during the performance period if the Secretary determines
that the regional clean energy innovation partnership is
underperforming.
``(10) Administrative costs.--The Secretary may allow a
covered consortium that receives funds under this section to
allocate a portion of the funding received to be used for
administrative or indirect costs.
``(11) Funding.--The Secretary may accept funds from other
Federal agencies to support funding and activities under this
section.
``(e) Planning Funds.--The Secretary may competitively
award grants in an amount no greater than $2,000,000 for a
period not longer than 2 years to an entity consisting of a
government entity, including a State, territorial, local, or
tribal government or unit of such government or any entity
listed under subsection (a)(2) to plan a regional clean
energy innovation partnership or establish a covered
consortium for the purpose of applying for funds under
subsection (b).
``(f) Information Sharing.--As part of the program, the
Secretary shall support the gathering, analysis, and
dissemination of information on best practices for developing
and operating successful regional clean energy innovation
partnerships.
``(g) Metrics.--In evaluating a grant renewal under
subsection (d)(8), the Secretary shall
[[Page H7351]]
work with program evaluation experts to develop and make
publicly available metrics to assess the progress of a
regional clean energy innovation partnership towards
achieving the purposes of the program in subsection (c).
``(h) Coordination.--In carrying out the program, the
Secretary shall coordinate with, and avoid unnecessary
duplication of, the activities carried out under this section
with the activities of other research entities of the
Department or relevant programs at other Federal agencies.
``(i) Conflicts of Interest.--In carrying out the program,
the Secretary shall maintain conflict of interest procedures,
consistent with the conflict of interest procedures of the
Department.
``(j) Evaluation by Comptroller General.--Not later than 3
years after the date of the enactment of the Research and
Development, Competition, and Innovation Act, and again 3
years later, the Comptroller General shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an evaluation on the operation of the
program during the most recent 3-year period, including--
``(1) an assessment of the progress made towards achieving
the purposes specified in subsection (c) based on the metrics
developed under subsection (g);
``(2) the short-term and long-term metrics used to
determine the success of the program under subsection (g),
and any changes recommended to the metrics used;
``(3) the regional clean energy innovation partnerships
established or supported by covered consortia that have
received grants under subsection (d); and
``(4) any recommendations on how the program may be
improved.
``(k) National Laboratories.--In supporting technology
transfer activities at the National Laboratories, the
Secretary shall encourage partnerships with entities that are
located in the same region or State as the National
Laboratory.
``(l) Security.--In carrying out the activities under this
section, the Secretary shall ensure proper security controls
are in place to protect sensitive information, as
appropriate.
``(m) No Funds for Construction.--No funds provided to the
Department of Energy under this section shall be used for
construction.
``(n) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section $50,000,000 for each of fiscal years 2023
through 2027.''.
Subtitle D--Research Security
SEC. 10631. REQUIREMENTS FOR FOREIGN TALENT RECRUITMENT
PROGRAMS.
(a) Purpose.--The purpose of this subtitle is to direct
actions to prohibit participation in any foreign talent
recruitment program by personnel of Federal research agencies
and to prohibit participation in a malign foreign talent
recruitment program by covered individuals involved with
research and development awards from those agencies.
(b) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Science and Technology Policy, in coordination with the
interagency working group established under section 1746 of
the National Defense Authorization Act for Fiscal Year 2020
(42 U.S.C. 6601 note; Public Law 116-92), shall publish and
widely distribute a uniform set of guidelines for Federal
research agencies regarding foreign talent recruitment
programs. Such policy guidelines shall--
(1) prohibit all personnel of each Federal research agency,
including Federal employees, contract employees, independent
contractors, individuals serving under the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4701 et seq), Visiting
Scientist, Engineering, and Educator appointments, and
special government employees other than peer reviewers, from
participating in a foreign talent recruitment program;
(2) as part of the requirements under section 223 of the
William (Mac) Thornberry NDAA of Fiscal Year 2021 (10 U.S.C.
6605; Public Law 116-283), require covered individuals to
disclose if such individuals are a party to a foreign talent
recruitment program contract, agreement, or other
arrangement;
(3) prohibit research and development awards from being
made for any proposal in which a covered individual is
participating in a malign foreign talent recruitment program;
and
(4) to the extent practicable, require recipient
institutions to prohibit covered individuals participating in
malign foreign talent recruitment programs from working on
projects supported by research and development awards.
(c) Definition of Foreign Talent Recruitment Programs.--As
part of the guidance under subsection (b), the Director of
the Office of Science and Technology Policy shall define and
describe the characteristics of a foreign talent recruitment
program.
(d) Implementation.--Not later than one year after the date
of the enactment of this Act, each Federal research agency
shall issue a policy utilizing the guidelines under
subsection (b).
(e) Consistency.--The Director of the Office of Science and
Technology Policy shall ensure that the policies issued by
the Federal research agencies under subsection (d) are
consistent to the greatest extent practicable.
SEC. 10632. MALIGN FOREIGN TALENT RECRUITMENT PROGRAM
PROHIBITION.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, each Federal research agency shall
establish a policy that, as part of a proposal for a research
and development award from the agency--
(1) each covered individual listed in such proposal certify
that each such individual is not a party to a malign foreign
talent recruitment program in the proposal submission of each
such individual and annually thereafter for the duration of
the award; and
(2) each institution of higher education or other
organization applying for such an award certify that each
covered individual who is employed by such institution of
higher education or other organization has been made aware of
the requirements under this section and complied with the
requirement under paragraph (1).
(b) Stakeholder Input.--In establishing a policy under
subsection (a), Federal research agencies shall publish a
description of the proposed policy in the Federal Register
and provide an opportunity for submission of public comment
for a period of not more than 60 days.
(c) Compliance With Existing Law.--Each Federal research
agency and recipient shall comply with title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) in the
establishment of policies pursuant to under subsection (a).
(d) International Collaboration.--Each policy developed
under subsection (a) shall not prohibit, unless such
activities are funded, organized, or managed by an academic
institution or a foreign talent recruitment program on the
lists developed under paragraphs (8) and (9) of section
1286(c) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law
115-232)--
(1) making scholarly presentations and publishing written
materials regarding scientific information not otherwise
controlled under current law;
(2) participation in international conferences or other
international exchanges, research projects or programs that
involve open and reciprocal exchange of scientific
information, and which are aimed at advancing international
scientific understanding and not otherwise controlled under
current law;
(3) advising a foreign student enrolled at an institution
of higher education or writing a recommendation for such a
student, at such student's request; and
(4) other international activities determined appropriate
by the Federal research agency head or designee.
(e) Limitation.--The certifications required under
subsection (a) shall not apply retroactively to research and
development awards made or applied for prior to the
establishment of the policy by the Federal research agency.
(f) Training.--Each Federal research agency shall ensure
that, as a requirement of an award from each such agency,
recipient institutions provide training on the risks of
malign foreign talent recruitment programs to covered
individuals employed at such institutions, including those
individuals who are participating in activities described in
subsection (d).
SEC. 10633. REVIEW OF CONTRACTS AND AGREEMENTS.
(a) In General.--In addition to existing authorities for
preventing waste, fraud, abuse, and mismanagement of Federal
funds, each Federal research agency shall have the authority
to--
(1) require, upon request, the submission to such agency,
by an institution of higher education or other organization
applying for a research and development award, of supporting
documentation, including copies of contracts, grants, or any
other agreement specific to foreign appointments, employment
with a foreign institution, participation in a foreign talent
recruitment program and other information reported as current
and pending support for all covered individuals in a research
and development award application;
(2) require such institution of higher education or other
organization to review any documents requested under
paragraph (1) for compliance with the Federal research
agency's award terms and conditions, including guidance on
conflicts of interest and conflicts of commitment; and
(3) upon receipt and review of the information provided
under paragraph (1) and in consultation with the institution
of higher education or other organization submitting such
information, initiate the substitution or removal of a
covered individual from a research and development award,
reduce the award funding amount, or suspend or terminate the
award if the agency head determines such contracts, grants,
or agreements include obligations that--
(A) interfere with the capacity for agency-supported
activities to be carried out; or
(B) create duplication with agency-supported activities.
(b) Limitations.--In exercising the authorities under
subsection (a), each Federal research agency shall--
(1) take necessary steps, as practicable, to protect the
privacy of all covered individuals and other parties
specified in the documentation submitted under paragraph (1)
of such subsection;
(2) endeavor to provide justification for requests for
supporting documentation made under such paragraph;
(3) require that allegations be proven by a preponderance
of evidence; and
(4) as practicable, afford subjects an opportunity to
provide comments and rebuttal and an opportunity to appeal
before final administrative action is taken.
SEC. 10634. RESEARCH SECURITY TRAINING REQUIREMENT FOR
FEDERAL RESEARCH AWARD PERSONNEL.
(a) Annual Training Requirement.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, each Federal research agency shall
establish a requirement that, as part of an application for a
research and development award from the agency--
(A) each covered individual listed on the application for a
research and development award certify that each such
individual has completed
[[Page H7352]]
within one year of such application research security
training that meets the guidelines developed under subsection
(b); and
(B) each institution of higher education or other
organization applying for such an award certify that each
covered individual who is employed by such institution or
organization and listed on the application has completed such
training.
(2) Consistency.--The Director of the Office of Science and
Technology Policy shall ensure that the training requirements
established by Federal research agencies pursuant to
paragraph (1) are consistent.
(b) Training Guidelines.--The Director of the Office of
Science and Technology Policy, acting through the National
Science and Technology Council and in accordance with the
authority provided under section 1746(a) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 42 U.S.C. 6601 note), shall, taking into
consideration stakeholder input, develop guidelines for
institutions of higher education and other organizations
receiving Federal research and development funds to use in
developing their own training programs to address the unique
needs, challenges, and risk profiles of such institutions and
other organizations, including adoption of security training
modules developed under subsection (c), to ensure compliance
with National Security Presidential Memorandum-33 (relating
to strengthening protections of the United States Government-
supported research and development against foreign government
interference and exploitation) or any successor documents.
(c) Security Training Modules.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of
Science and Technology Policy, in coordination with the
Director of the National Science Foundation, the Director of
the National Institutes of Health, the Secretary of Energy,
and the Secretary of Defense, and in consultation with the
heads of relevant Federal research agencies, shall enter into
an agreement or contract with a qualified entity for the
development of online research security training modules for
the research community and participants in the United States
research and development enterprise to ensure compliance with
National Security Presidential Memorandum-33 or successor
documents, including modules--
(A) focused on cybersecurity, international collaboration
and international travel, foreign interference, and rules for
proper use of funds, disclosure, conflict of commitment, and
conflict of interest; and
(B) tailored to the unique needs of--
(i) covered individuals;
(ii) undergraduate students, graduate students, and
postdoctoral researchers; and
(iii) applicants for awards under the SBIR and STTR
programs (as such terms are defined in section 9(e) of the
Small Business Act (15 U.S.C. 638(e)).
(2) Stakeholder input.--Prior to entering into the
agreement under paragraph (1), the Director of the Office of
Science and Technology Policy shall seek input from academic,
private sector, intelligence, and law enforcement
stakeholders regarding the scope and content of security
training modules, including the diversity of needs across
institutions of higher education and other recipients of
different sizes and types, and recommendations for minimizing
administrative burden on recipients and researchers.
(3) Development.--The Director of the Office of Science and
Technology Policy shall ensure that the entity referred to in
paragraph (1)--
(A) develops security training modules that can be adapted
and utilized across Federal research agencies; and
(B) develops and implements a plan for regularly updating
such modules as needed.
SEC. 10635. RESEARCH FUNDS ACCOUNTING.
(a) Study Period Defined.--In this section the term ``study
period'' means the 5-year period ending on the date of the
enactment of this Act.
(b) Study.--The Comptroller General of the United States
shall conduct a study on Federal funding made available to
foreign entities of concern for research, during the study
period.
(c) Matters to Be Included.--The study conducted under
subsection (b) shall include, to the extent practicable with
respect to the study period, an assessment of--
(1) the total amount of Federal funding made available to
foreign entities of concern for research;
(2) the total number and types of foreign entities of
concern to which such funding was made available;
(3) the requirements relating to the awarding, tracking,
and monitoring of such funding;
(4) any other data available with respect to Federal
funding made available to foreign entities of concern for
research; and
(5) such other matters as the Comptroller General of the
United States determines appropriate.
(d) Briefing on Available Data.--Not later than 120 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall brief the Committee on
Commerce, Science, and Transportation, the Committee on
Health, Education, Labor, and Pensions, and the Committee on
Foreign Relations of the Senate and the Committee on Science,
Space, and Technology, the Committee on Energy and Commerce,
and the Committee on Foreign Affairs of the House of
Representatives on the study conducted under subsection (b)
and the data that is available with respect to Federal
funding made available to foreign entities of concern for
research.
(e) Report.--The Comptroller General of the United States
shall submit to the congressional committees specified in
subsection (d), by a date agreed upon by the Comptroller
General and the committees on the date of the briefing under
such subsection, a report on the findings of the study
conducted under subsection (b).
SEC. 10636. PERSON OR ENTITY OF CONCERN PROHIBITION.
No person published on the list under section 1237(b) of
the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note) or
entity identified under section 1260h of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (10 U.S.C. 113 note; Public Law 116-283) may receive or
participate in any grant, award, program, support, or other
activity under--
(1) the Directorate established in subtitle G of title III
of this division;
(2) section 28(b)(1) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as added by
section 10621; or
(3) the Manufacturing USA Program, as improved and expanded
under subtitle E of title II of this division.
SEC. 10637. NONDISCRIMINATION.
In carrying out requirements under this subtitle, each
Federal research agency shall ensure that policies and
activities developed and implemented pursuant to this
subtitle are carried out in a manner that does not target,
stigmatize, or discriminate against individuals on the basis
of race, ethnicity, or national origin, consistent with title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
SEC. 10638. DEFINITIONS.
In this subtitle:
(1) Covered individual.--The term ``covered individual''
means an individual who--
(A) contributes in a substantive, meaningful way to the
scientific development or execution of a research and
development project proposed to be carried out with a
research and development award from a Federal research
agency; and
(B) is designated as a covered individual by the Federal
research agency concerned.
(2) Foreign country of concern.--The term ``foreign country
of concern'' means the People's Republic of China, the
Democratic People's Republic of Korea, the Russian
Federation, the Islamic Republic of Iran, or any other
country determined to be a country of concern by the
Secretary of State.
(3) Foreign entity of concern.--The term ``foreign entity
of concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization by the
Secretary of State under section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury (commonly
known as the SDN list);
(C) owned by, controlled by, or subject to the jurisdiction
or direction of a government of a foreign country that is a
covered nation (as such term is defined in section 4872 of
title 10, United States Code);
(D) alleged by the Attorney General to have been involved
in activities for which a conviction was obtained under--
(i) chapter 37 of title 18, United States Code (commonly
known as the Espionage Act);
(ii) section 951 or 1030 of title 18, United States Code;
(iii) chapter 90 of title 18, United States Code (commonly
known as the Economic Espionage Act of 1996);
(iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801
et seq.); or
(vii) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
(E) determined by the Secretary of Commerce, in
consultation with the Secretary of Defense and the Director
of National Intelligence, to be engaged in unauthorized
conduct that is detrimental to the national security or
foreign policy of the United States.
(4) Malign foreign talent recruitment program.--The term
``malign foreign talent recruitment program'' means--
(A) any program, position, or activity that includes
compensation in the form of cash, in-kind compensation,
including research funding, promised future compensation,
complimentary foreign travel, things of non de minimis value,
honorific titles, career advancement opportunities, or other
types of remuneration or consideration directly provided by a
foreign country at any level (national, provincial, or local)
or their designee, or an entity based in, funded by, or
affiliated with a foreign country, whether or not directly
sponsored by the foreign country, to the targeted individual,
whether directly or indirectly stated in the arrangement,
contract, or other documentation at issue, in exchange for
the individual--
(i) engaging in the unauthorized transfer of intellectual
property, materials, data products, or other nonpublic
information owned by a United States entity or developed with
a Federal research and development award to the government of
a foreign country or an entity based in, funded by, or
affiliated with a foreign country regardless of whether that
government or entity provided support for the development of
the intellectual property, materials, or data products;
(ii) being required to recruit trainees or researchers to
enroll in such program, position, or activity;
(iii) establishing a laboratory or company, accepting a
faculty position, or undertaking any other employment or
appointment in a foreign country or with an entity based in,
funded by, or affiliated with a foreign country if such
activities are in violation of the standard terms and
conditions of a Federal research and development award;
(iv) being unable to terminate the foreign talent
recruitment program contract or agreement except in
extraordinary circumstances;
[[Page H7353]]
(v) through funding or effort related to the foreign talent
recruitment program, being limited in the capacity to carry
out a research and development award or required to engage in
work that would result in substantial overlap or duplication
with a Federal research and development award;
(vi) being required to apply for and successfully receive
funding from the sponsoring foreign government's funding
agencies with the sponsoring foreign organization as the
recipient;
(vii) being required to omit acknowledgment of the
recipient institution with which the individual is
affiliated, or the Federal research agency sponsoring the
research and development award, contrary to the institutional
policies or standard terms and conditions of the Federal
research and development award;
(viii) being required to not disclose to the Federal
research agency or employing institution the participation of
such individual in such program, position, or activity; or
(ix) having a conflict of interest or conflict of
commitment contrary to the standard terms and conditions of
the Federal research and development award; and
(B) a program that is sponsored by--
(i) a foreign country of concern or an entity based in a
foreign country of concern, whether or not directly sponsored
by the foreign country of concern;
(ii) an academic institution on the list developed under
section 1286(c)(8) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note;
Public Law 115-232); or
(iii) a foreign talent recruitment program on the list
developed under section 1286(c)(9) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (10
U.S.C. 2358 note; Public Law 115-232).
Subtitle E--Coastal and Ocean Acidification Research and Innovation
SEC. 10641. SHORT TITLE.
This subtitle may be cited as the ``Coastal and Ocean
Acidification Research and Innovation Act of 2021''.
SEC. 10642. PURPOSES.
(a) In General.--Section 12402(a) of the Federal Ocean
Acidification Research and Monitoring Act of 2009 (33 U.S.C.
3701(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``development and coordination'' and inserting ``development
coordination and implementation'';
(B) in subparagraph (A), by striking ``acidification on
marine organisms'' and inserting ``acidification and coastal
acidification on marine organisms''; and
(C) in subparagraph (B), by striking ``establish'' and all
that follows through the semicolon and inserting ``maintain
and advise an interagency research, monitoring, and public
outreach program on ocean acidification and coastal
acidification;'';
(2) in paragraph (2), by striking ``establishment'' and
inserting ``maintenance'';
(3) in paragraph (3), by inserting ``and coastal
acidification'' after ``ocean acidification''; and
(4) in paragraph (4), by striking ``techniques for'' and
all that follows through the period and inserting
``mitigating the impacts of ocean and coastal acidification
and related co-stressors on marine ecosystems.''.
(b) Technical and Conforming Amendment.--Section 12402 of
the Federal Ocean Acidification Research and Monitoring Act
of 2009 (33 U.S.C. 3701(a)) is amended by striking ``(a)
Purposes.--''.
SEC. 10643. DEFINITIONS.
Section 12403 of the Federal Ocean Acidification Research
and Monitoring Act of 2009 (33 U.S.C. 3702) is amended--
(1) in paragraph (1), by striking ``of the Earth's oceans''
and all that follows before the period at the end and
inserting ``and changes in the water chemistry of the Earth's
oceans, coastal estuaries, marine waterways, and Great Lakes
caused by carbon dioxide from the atmosphere and the
breakdown of organic matter'';
(2) in paragraph (3), by striking ``Joint Subcommittee on
Ocean Science and Technology of the National Science and
Technology Council'' and inserting ``National Science and
Technology Council Subcommittee on Ocean Science and
Technology'';
(3) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(4) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Coastal acidification.--The term `coastal
acidification' means the decrease in pH and changes in the
water chemistry of coastal oceans, estuaries, and Great Lakes
from atmospheric pollution, freshwater inputs, and excess
nutrient run-off from land.''; and
(5) by adding at the end the following:
``(5) State.--The term `State' means each State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands of the United
States, and any other territory or possession of the United
States.''.
SEC. 10644. INTERAGENCY WORKING GROUP.
Section 12404 of the Federal Ocean Acidification Research
and Monitoring Act of 2009 (33 U.S.C. 3703) is amended--
(1) in the heading, by striking ``subcommittee'' and
inserting ``working group'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``Joint Subcommittee on
Ocean Science and Technology of the National Science and
Technology Council shall coordinate Federal activities on
ocean acidification and establish'' and insert ``Subcommittee
shall coordinate Federal activities on ocean and coastal
acidification and establish and maintain'';
(B) in paragraph (2), by striking ``Wildlife Service,'' and
inserting ``Wildlife Service, the Bureau of Ocean Energy
Management, the Environmental Protection Agency, the
Department of Agriculture, the Department of State, the
Department of Energy, the Department of the Navy, the
National Park Service, the Bureau of Indian Affairs, the
National Institute of Standards and Technology, the
Smithsonian Institution,''; and
(C) in paragraph (3), in the heading, by striking
``Chairman'' and inserting ``Chair'';
(3) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and coastal
acidification'' after ``ocean acidification''; and
(ii) in subparagraph (B), by inserting ``and coastal
acidification'' after ``ocean acidification'';
(B) in paragraph (4), by striking ``; and'' and inserting a
semicolon; and
(C) in paragraph (5)--
(i) by inserting ``, and contribute to as appropriate,''
after ``designate'';
(ii) by striking ``developed'' and inserting ``and coastal
acidification developed''; and
(iii) by striking the period at the end and inserting ``and
coastal acidification; and''.
(4) in subsection (c)--
(A) in paragraph (2)--
(i) by inserting ``until 2032'' after ``every 2 years
thereafter'';
(ii) by inserting ``, and to the Office of Management and
Budget,'' after ``House of Representatives''; and
(iii) in subparagraph (B), by striking ``the interagency
research'' and inserting ``interagency strategic research'';
(B) in paragraph (3), by inserting ``until 2031'' after
``at least once every 5 years''; and
(C) in paragraph (4), by inserting ``until 2032'' after
``and every 6 years thereafter'';
(5) by redesignating subsection (c) as subsection (e); and
(6) by inserting after subsection (b) the following:
``(c) Advisory Board.--
``(1) Establishment.--The Chair of the Subcommittee shall
establish an Ocean Acidification Advisory Board.
``(2) Duties.--The Advisory Board shall--
``(A) maintain a process for reviewing and making
recommendations to the Subcommittee on--
``(i) the biennial report specified in subsection (d)(2);
and
``(ii) the strategic research plan in subsection (d)(3);
``(B) provide ongoing advice to the Subcommittee and the
interagency working group on matters related to Federal
activities on ocean and coastal acidification, including
impacts and mitigation of ocean and coastal acidification;
and
``(C) advise the Subcommittee and the interagency working
group on--
``(i) efforts to coordinate research and monitoring
activities related to ocean acidification and coastal
acidification; and
``(ii) the best practices for the standards developed for
data archiving under section 12406(d).
``(3) Membership.--The Advisory Board shall consist of 25
members as follows:
``(A) Two representatives of the shellfish, lobster, or
crab industry.
``(B) One representative of the finfish industry.
``(C) One representative of seafood processors.
``(D) Three representatives from academia, including both
natural and social sciences.
``(E) One representative of recreational fishing.
``(F) One representative of a relevant nongovernmental
organization.
``(G) Six representatives from relevant State and local
governments with policy or regulatory authorities related to
ocean acidification and coastal acidification.
``(H) One representative from the Alaska Ocean
Acidification Network or a subsequent entity that represents
the same geographical region and has a similar purpose.
``(I) One representative from the California Current
Acidification Network or a subsequent entity that represents
the same geographical region and has a similar purpose.
``(J) One representative from the Northeast Coastal
Acidification Network or a subsequent entity that represents
the same geographical region and has a similar purpose.
``(K) One representative from the Southeast Coastal
Acidification Network or a subsequent entity that represents
the same geographical region and has a similar purpose.
``(L) One representative from the Gulf of Mexico Coastal
Acidification Network or a subsequent entity that represents
the same geographical region and has a similar purpose.
``(M) One representative from the Mid-Atlantic Coastal
Acidification Network or a subsequent entity that represents
the same geographical region and has a similar purpose.
``(N) One representative from the Pacific Islands Ocean
Observing System or a subsequent entity that represents the
island territories and possessions of the United States in
the Pacific Ocean, and the State of Hawaii and has a similar
purpose.
``(O) One representative from the Caribbean Regional
Association for Coastal Ocean Observing or a subsequent
entity that represents Puerto Rico and the United States
Virgin Islands and has a similar purpose.
``(P) One representative from the National Oceanic and
Atmospheric Administration Olympic Coast Ocean Acidification
Sentinel Site or a subsequent entity that represents the same
geographical representation.
``(Q) One representative from the National Oceanic and
Atmospheric Administration shall
[[Page H7354]]
serve as an ex-officio member of the Advisory Board without a
vote.
``(4) Appointment of members.--The Chair of the
Subcommittee shall--
``(A) appoint members to the Advisory Board (taking into
account the geographical interests of each individual to be
appointed as a member of the Advisory Board to ensure that an
appropriate balance of geographical interests are represented
by the members of the Advisory Board) who--
``(i) represent the interest group for which each seat is
designated;
``(ii) demonstrate expertise on ocean acidification or
coastal acidification and its scientific, economic, industry,
cultural, and community impacts; and
``(iii) have a record of distinguished service with respect
to ocean acidification or coastal acidification, and such
impacts;
``(B) give consideration to nominations and recommendations
from the members of the interagency working group and the
public for such appointments; and
``(C) ensure that an appropriate balance of scientific,
industry, State and local resource managers, and geographical
interests are represented by the members of the Advisory
Board.
``(5) Term of membership.--Each member of the Advisory
Board--
``(A) shall be appointed for a 5-year term; and
``(B) may be appointed to no more than two terms.
``(6) Chair.--The Chair of the Subcommittee shall appoint
one member of the Advisory Board to serve as the Chair of the
Advisory Board.
``(7) Meetings.--Not less than once each calendar year, the
Advisory Board shall meet at such times and places as may be
designated by the Chair of the Advisory Board, in
consultation with the Chair of the Subcommittee and the Chair
of the interagency working group.
``(8) Briefing.--The Chair of the Advisory Board shall
brief the Subcommittee and the interagency working group on
the progress of the Advisory Board as necessary or at the
request of the Subcommittee.
``(9) Tribal government engagement and coordination.--
``(A) In general.--The Advisory Board shall maintain
mechanisms for coordination, and engagement with Tribal
governments.
``(i) Rule of construction.--Nothing in subparagraph (A)
may be construed as affecting any requirement to consult with
Indian Tribes under Executive Order 13175 (25 U.S.C. 5301
note; relating to consultation and coordination with Tribal
governments) or any other applicable law or policy.
``(10) Federal advisory committee act.--Section 14 of the
Federal Advisory Committee Act shall not apply to the
Advisory Board for 10 years from the date of enactment of
this Act.
``(d) Prize Competitions.--
``(1) In general.--Any Federal agency with a representative
serving on the interagency working group established under
this section may, either individually or in cooperation with
one or more agencies, carry out a program to award prizes
competitively under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719). An agency
seeking to carry out such a program shall carry out such
program in coordination with the chair of such interagency
working group.
``(2) Purposes.--Any prize competition carried out under
this subsection shall be for the purpose of stimulating
innovation to advance our Nation's ability to understand,
research, or monitor ocean acidification or its impacts, or
to develop management or adaptation options for responding to
ocean and coastal acidification.
``(3) Priority programs.--Priority shall be given to
establishing programs under this section that address
communities, environments, or industries that are in distress
due to the impacts of ocean and coastal acidification.''.
SEC. 10645. STRATEGIC RESEARCH PLAN.
Section 12405 of the Federal Ocean Acidification Research
and Monitoring Act of 2009 (33 U.S.C. 3704) is amended--
(1) in subsection (a)--
(A) by striking ``acidification'' each place it appears and
inserting ``acidification and coastal acidification'';
(B) in the first sentence--
(i) by inserting ``, and not later than every 5 years
following the publication of each subsequent strategic
research plan until 2035'' after ``the date of enactment of
this Act'';
(ii) by inserting ``address the socioeconomic impacts of
ocean acidification and coastal acidification and to'' after
``mitigation strategies to''; and
(iii) by striking ``marine ecosystems'' each place it
appears and inserting ``ecosystems''; and
(C) in the second sentence, by striking ``National Academy
of Sciences in the review of the plan required under
subsection (d)'', and inserting ``Advisory Board established
in section 12404(c)'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``and social sciences''
after ``among the ocean sciences'';
(B) in paragraph (2)--
(i) in subparagraph (B)--
(I) by striking ``improve the ability to assess the'' and
inserting ``assess the short-term and long-term''; and
(II) by striking ``; and'' at the end and inserting a
semicolon;
(ii) by amending subparagraph (C) to read as follows:
``(C) provide information for the development of adaptation
and mitigation strategies to address--
``(i) socioeconomic impacts of ocean acidification and
coastal acidification;
``(ii) conservation of marine organisms and ecosystems;
``(iii) assessment of the effectiveness of such adaptation
and mitigation strategies; and''; and
(iii) by adding at the end the following new subparagraph:
``(D) improve research on--
``(i) ocean acidification and coastal acidification;
``(ii) the interactions between and effects of ocean and
coastal acidification and multiple combined stressors
including changes in water chemistry, changes in sediment
delivery, hypoxia, and harmful algal blooms, on ocean
acidification and coastal acidification; and
``(iii) the effect or effects of clauses (i) and (ii) on
marine resources and ecosystems;'';
(C) in paragraph (3)--
(i) in subparagraph (F), by striking ``database
development'' and inserting ``data management'';
(ii) in subparagraph (H) by striking ``and'' at the end;
and
(iii) by adding at the end the following new subparagraphs:
``(J) assessment of adaptation and mitigation strategies;
and
``(K) education and outreach activities;'';
(D) in paragraph (4), by striking ``set forth'' and
inserting ``ensure an appropriate balance of contribution in
establishing'';
(E) in paragraph (5), by striking ``reports'' and inserting
``the best available peer-reviewed scientific reports'';
(F) in paragraph (6)--
(i) by inserting ``and coastal acidification'' after
``ocean acidification''; and
(ii) by striking ``of the United States'' and inserting
``within the United States'';
(G) in paragraph (8)--
(i) by inserting ``and coastal acidification'' after
``ocean acidification'' each place it appears;
(ii) by striking ``its'' and inserting ``their''; and
(iii) by striking ``; and'' at the end and inserting a
semicolon;
(H) in paragraph (9), by striking ``and'' at the end
(I) in paragraph (10), by striking the period at the end
and inserting a semicolon; and
(J) by adding at the end the following:
``(11) describe monitoring needs necessary to support
potentially affected industry members, coastal stakeholders,
fishery management councils and commissions, Tribal
governments, non-Federal resource managers, and scientific
experts on decision-making and adaptation related to ocean
acidification and coastal acidification; and
``(12) describe the extent to which the Subcommittee
incorporated feedback from the Advisory Board established in
section 12404(c).'';
(3) in subsection (c)--
(A) in paragraph (1)(C), by striking ``surface'';
(B) in paragraph (2), by inserting ``and coastal
acidification'' after ``ocean acidification'' each place it
appears;
(C) in paragraph (3)--
(i) by striking ``input, and'' and inserting ``inputs,'';
(ii) by inserting ``, marine food webs,'' after ``marine
ecosystems''; and
(iii) by inserting ``, and modeling that supports fisheries
management'' after ``marine organisms'';
(D) in paragraph (5), by inserting ``and coastal
acidification'' after ``ocean acidification''; and
(E) by adding at the end the following new paragraph:
``(8) Research to understand related and cumulative
stressors and other biogeochemical processes occurring in
conjunction with ocean acidification and coastal
acidification.''; and
(4) by striking subsections (d) and (e) and inserting the
following:
``(d) Publication.--Concurrent with the submission of the
plan to Congress, the Subcommittee shall publish the plan on
a public website.''.
SEC. 10646. NOAA OCEAN ACIDIFICATION ACTIVITIES.
Section 12406 of the Federal Ocean Acidification Research
and Monitoring Act of 2009 (33 U.S.C. 3705) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting
``coordination,'' after ``research, monitoring,'';
(B) in paragraph (1)--
(i) in subparagraph (B), by inserting ``including
leveraging, as appropriate, the Integrated Ocean Observing
System and the ocean observing assets of other Federal,
State, and Tribal agencies,'' after ``ocean observing
assets,'';
(ii) by redesignating subparagraphs (C), (D), (E), and (F)
as subparagraphs (E), (G), (H), and (I), respectively;
(iii) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) prioritization of the location of monitoring
instruments, assets, and projects to maximize the efficiency
of resources and agency and department missions;
``(D) an optimization of understanding of socioeconomic
impacts and ecosystem health''.
(iv) in subparagraph (E), as so redesignated, by striking
``adaptation'' and inserting ``adaptation and mitigation'';
(v) by inserting after subparagraph (E), as so
redesignated, the following new subparagraph:
``(F) technical assistance to socioeconomically vulnerable
States, local governments, Tribal governments, communities,
and industries impacted by ocean and coastal acidification to
support their development of ocean and coastal acidification
mitigation strategies;''.
(vi) in subparagraph (H), as so redesignated--
(I) by striking ``its impacts'' and inserting ``their
respective impacts'';
(II) by striking ``and'' at the end;
(vii) in subparagraph (I), as so redesignated--
(I) by striking ``monitoring and impacts research'' and
inserting ``research, monitoring, and adaptation and
mitigation strategies''; and
[[Page H7355]]
(II) by striking the period at the end and inserting a
semicolon; and
(viii) by adding at the end the following new
subparagraphs:
``(J) research to improve understanding of--
``(i) the impact of ocean acidification and coastal
acidification; and
``(ii) how multiple environmental stressors may contribute
to and exacerbate ocean and coastal acidification on living
marine resources and coastal ecosystems; and
``(K) research to support the development of adaptation and
mitigation strategies to address the socioeconomic impacts of
ocean and coastal acidification on coastal communities;'';
(C) in paragraph (2), by striking ``critical research
projects that explore'' and inserting ``critical research,
education, and outreach projects that explore and
communicate''; and
(D) in paragraphs (1) and (2), by striking
``acidification'' each place it appears and inserting
``acidification and coastal acidification''; and
(2) by adding at the end the following new subsections:
``(c) Relationship to Interagency Working Group.--The
National Oceanic and Atmospheric Administration shall serve
as the lead Federal agency responsible for coordinating the
Federal response to ocean and coastal acidification. The
Administration may enter into Memoranda of Understanding to--
``(1) coordinate monitoring and research efforts among
Federal agencies in cooperation with State, local, and Tribal
governments and international partners; this may include
analysis and synthesis of the results of monitoring and
research;
``(2) maintain an Ocean Acidification Information Exchange
described under section 12404(b)(5) to allow for information
to be electronically accessible, including information--
``(A) on ocean acidification developed through or used by
the ocean acidification program described under subsection
(a); or
``(B) that would be useful to State governments, local
governments, Tribal governments, resource managers,
policymakers, researchers, and other stakeholders in
mitigating or adapting to the impacts of ocean acidification
and coastal acidification; and
``(3) establishing and maintaining the data archive system
under subsection (d).
``(d) Data Archive System.--
``(1) In general.--The Secretary, in coordination with the
members of the interagency working group, shall support the
long-term stewardship of, and access to, data relating to
ocean and coastal acidification through providing the data on
a publicly accessible data archive system. To the extent
possible, this data archive system shall collect and provide
access to ocean and coastal acidification data--
``(A) from relevant federally funded research;
``(B) provided by a Federal, State, or local government,
academic scientist, citizen scientist, or industry
organization;
``(C) voluntarily submitted by Tribes or Tribal
governments; and
``(D) from existing global or national data assets that are
currently maintained within Federal agencies.
``(2) Data standards.--The Secretary to, the extent
possible, shall ensure all such data adheres to data and
metadata standards to support the public findability,
accessibility, interoperability, and reusability of such
data.''.
SEC. 10647. NSF OCEAN ACIDIFICATION ACTIVITIES.
Section 12407 of the Federal Ocean Acidification Research
and Monitoring Act of 2009 (33 U.S.C. 3706) is amended--
(1) by striking ``ocean acidification'' each place it
appears and inserting ``ocean acidification and coastal
acidification'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``its impacts'' and inserting ``their respective impacts'';
(B) in paragraph (3), by striking ``and its impacts'' and
inserting ``and their respective impacts'';
(C) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(5) adaptation and mitigation strategies to address
socioeconomic effects of ocean acidification and coastal
acidification.''; and
(3) by adding at the end the following:
``(d) Requirement.--Recipients of grants from the National
Science Foundation under this subtitle that collect data
described under section 12406(d) shall--
``(1) collect data in accordance with the standards,
protocols, or procedures established pursuant to section
12406(d); and
``(2) submit such data to the Director and the Secretary
after publication, in accordance with any rules promulgated
by the Director or the Secretary.''.
SEC. 10648. NASA OCEAN ACIDIFICATION ACTIVITIES.
Section 12408 of the Federal Ocean Acidification Research
and Monitoring Act of 2009 (33 U.S.C. 3707) is amended--
(1) by striking ``ocean acidification'' each place it
appears and inserting ``ocean acidification and coastal
acidification'';
(2) in subsection (a), by striking ``its impacts'' and
inserting ``their respective impacts''; and
(3) by adding at the end the following new subsection:
``(d) Requirement.--Researchers from the National
Aeronautics and Space Administration under this subtitle that
collect data described under section 12406(d) shall--
``(1) collect such data in accordance with the standards,
protocols, or procedures established pursuant to section
12406(d); and
``(2) submit such data to the Administrator and the
Secretary, in accordance with any rules promulgated by the
Administrator or the Secretary.''.
SEC. 10649. AUTHORIZATION OF APPROPRIATIONS.
Section 12409 of the Federal Ocean Acidification Research
and Monitoring Act of 2009 (33 U.S.C. 3708) is amended--
(1) in subsection (a), by striking ``subtitle--'' and all
that follows through paragraph (4) and inserting the
following: ``subtitle--
``(1) $20,500,000 for fiscal year 2023;
``(2) $22,000,000 for fiscal year 2024;
``(3) $24,000,000 for fiscal year 2025;
``(4) $26,000,000 for fiscal year 2026; and
``(5) $28,000,000 for fiscal year 2027.''; and
(2) in subsection (b), by striking ``subtitle--'' and all
that follows through paragraph (4) and inserting the
following: ``subtitle, $20,000,000 for each of the fiscal
years 2023 through 2027.''.
Subtitle F--Interagency Working Group
SEC. 10651. INTERAGENCY WORKING GROUP.
(a) Establishment.--The Director of the Office of Science
and Technology Policy, acting through the National Science
and Technology Council, shall establish or designate an
interagency working group to coordinate the activities
specified in subsection (c).
(b) Composition.--The interagency working group shall be
composed of the following members (or their designees), who
may be organized into subcommittees, as appropriate:
(1) The Secretary of Commerce.
(2) The Director of the National Science Foundation.
(3) The Secretary of Energy.
(4) The Secretary of Defense.
(5) The Director of the National Economic Council.
(6) The Director of the Office of Management and Budget.
(7) The Secretary of Health and Human Services.
(8) The Administrator of the National Aeronautics and Space
Administration.
(9) The Secretary of Agriculture.
(10) The Director of National Intelligence.
(11) The Director of the Federal Bureau of Investigation.
(12) Such other Federal officials as the Director of the
Office of Science and Technology Policy considers
appropriate, including members of the National Science and
Technology Council Committee on Technology.
(c) Coordination.--The interagency working group shall seek
to ensure that the activities of different Federal agencies
enhance and complement, but, as appropriate, do not
duplicate, efforts being carried out by another Federal
agency, with a focus on the following:
(1) The activities of the National Science Foundation
Technology, Innovation, and Partnerships Directorate in the
key technology focus areas, such as within the Regional
Innovation Engines under section 10388 and test beds under
section 10390.
(2) The activities of the Department of Commerce under this
division, including regional technology hubs under section 28
of the Stevenson-Wydler Act of 1980 (15 U.S.C. 13701 et
seq.), as added by section 10621, the Manufacturing USA
Program established under section 34(b)(1) of the National
Institute of Standards and Technology Act (15 U.S.C.
278s(b)(1)), and the Hollings Manufacturing Extension
Partnership (15 U.S.C. 278k).
(3) The activities of the Department of Energy in the key
technology focus areas, including at the national
laboratories, and at Federal laboratories, as defined in
section 4 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3703), and facilities and user facilities
operated in partnership with such national laboratories or
the Department of Energy.
(4) Any other program that the Director of the Office of
Science and Technology Policy determines involves research
and development with respect to the key technology focus
areas.
(d) Report.--The interagency working group shall--
(1) by not later than 180 days after the date of enactment
of this division--
(A) conduct an initial review of Federal programs and
resources with respect to the key technology focus areas
identified pursuant to section 10387(a)(2), in order to--
(i) assess current level of efforts and characterize
existing research infrastructure, as of the date of the
review;
(ii) identify potential areas of overlap or duplication
with respect to the key technology focus areas; and
(iii) identify potential cross-agency collaborations and
joint funding opportunities; and
(B) submit a report regarding the review described in
subparagraph (A) to Congress; and
(C) seek stakeholder input and recommendations in the
course of such review; and
(2) shall carry out the annual reviews and updates required
under section 10387(e).
(e) Conflicts.--If any conflicts between Federal agencies
arise while carrying out the activities under this section,
the President shall make the final decision regarding
resolution of the conflict.
Subtitle G--Quantum Networking and Communications
SEC. 10661. QUANTUM NETWORKING AND COMMUNICATIONS.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' has the meaning given
such term in section 2 of the National Quantum Initiative Act
(15 U.S.C. 8801).
(3) Q2work program.--The term ``Q2Work Program'' means the
Q2Work Program supported by the Foundation.
(b) Quantum Networking Working Group Report on Quantum
Networking and Communications.--
[[Page H7356]]
(1) Report.--Section 103 of the National Quantum Initiative
Act (15 U.S.C. 8813) is amended by adding the following at
the end the following new subsection:
``(h) Report on Quantum Networking and Communications.--
``(1) In general.--Not later than January 1, 2026, the
Quantum Networking Working Group within the Subcommittee on
Quantum Information Science of the National Science and
Technology Council, in coordination with the Subcommittee on
the Economic and Security Implications of Quantum Information
Science, shall submit to the appropriate committees of
Congress a report detailing a plan for the advancement of
quantum networking and communications technology in the
United States, building on the report entitled A Strategic
Vision for America's Quantum Networks and A Coordinated
Approach for Quantum Networking Research.
``(2) Requirements.--The report under paragraph (1) shall
include the following:
``(A) An update to the report entitled Coordinated Approach
to Quantum Networking Research Report focusing on a framework
for interagency collaboration regarding the advancement of
quantum networking and communications research.
``(B) A plan for Federal Government partnership with the
private sector and interagency collaboration regarding
engagement in international standards for quantum networking
and communications technology, including a list of Federal
priorities for standards relating to such networking and
technology.
``(C) A proposal for the protection of national security
interests relating to the advancement of quantum networking
and communications technology.
``(D) An assessment of the relative position of the United
States with respect to other countries in the global race to
develop, demonstrate, and utilize quantum networking and
communications technology.
``(E) Recommendations to Congress for legislative action
relating to the matters considered under subparagraphs (A),
(B), (C), and (D).
``(F) Such other matters as the Quantum Network Working
Group considers necessary to advance the security of
communications and network infrastructure, remain at the
forefront of scientific discovery in the quantum information
science domain, and transition quantum information science
research into the emerging quantum technology economy.''.
(c) Quantum Networking and Communications Research and
Standardization.--
(1) Research.--Subsection (a) of section 201 of the
National Quantum Initiative Act (15 U.S.C. 8831) is amended
by--
(A) redesignating paragraphs (3) and (4) as paragraphs (6)
and (7), respectively; and
(B) inserting after paragraph (2) the following new
paragraphs:
``(3) shall carry out research to facilitate the
development and standardization of quantum cryptography and
post-quantum classical cryptography;
``(4) shall carry out research to facilitate the
development and standardization of quantum networking,
communications, and sensing technologies and applications;
``(5) for quantum technologies determined by the Director
of the National Institute of Standards and Technology to be
at a readiness level sufficient for standardization, shall
provide technical review and assistance to such other Federal
agencies as the Director considers appropriate for the
development of quantum networking infrastructure
standards;''.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Scientific and Technical Research
and Services account of the National Institute of Standards
and Technology to carry out paragraphs (3) through (5) of
subsection (a) of section 201 of the National Quantum
Initiative Act (as inserted pursuant to the amendments made
by paragraph (1) of this subsection) $15,000,000 for each of
fiscal years 2023 through 2027.
(d) Quantum Information Science Workforce Evaluation and
Acceleration.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall enter into an
agreement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study to evaluate and
make recommendations for the quantum information science
workforce. The study shall--
(A) characterize the quantum information science workforce,
including by--
(i) describing what constitutes a quantum information
science qualified worker across sectors, including academia,
the Federal Government, and industry; and
(ii) describing the size and makeup of the quantum
information science workforce, including an assessment of
current and future trends;
(B) identify near- and long-term quantum information
science workforce needs across government, academia, and
industry sectors, including identifying the cross-
disciplinary academic degrees or academic courses necessary
to--
(i) prepare students for multiple career pathways in
quantum information sciences and related fields;
(ii) ensure the United States is competitive in the field
of quantum information science while preserving national
security; and
(iii) support the development of quantum applications;
(C) assess the state of quantum information science
education and skills training at all education levels and
identify gaps in meeting current and future workforce needs,
including with respect to--
(i) elementary, middle, and high-school student access to
foundational courses, age-appropriate quantum concepts, and
hands-on learning opportunities;
(ii) elementary, middle, and high-school teacher
professional development and access to resources, materials,
lesson plans, modules, and curricula;
(iii) career pivot and skills training opportunities,
including professional certificates and internships; and
(iv) higher education curricula, laboratory experiences in
academia, the Federal Government, and industry settings, and
cross-discipline degree programs aligned with workforce
needs; and
(D) make recommendations for developing a diverse,
flexible, and sustainable quantum information science
workforce that meets the evolving needs of academia, the
Federal Government, and industry.
(2) Report.--Not later than two years after the date of the
enactment of this Act, the National Academies of Science,
Engineering, and Medicine shall submit to Congress and the
Director a report containing the results of the study
conducted pursuant to paragraph (1).
(e) Incorporating QISE Into STEM Curriculum.--
(1) In general.--Section 301 of the National Quantum
Initiative Act (15 U.S.C. 8841) is amended by adding the
following at the end:
``(d) Incorporating QISE Into STEM Curriculum.--
``(1) In general.--The Director of the National Science
Foundation shall, through programs carried out or supported
by the National Science Foundation, seek to increase the
integration of quantum information science and engineering
(referred to in this subsection as `QISE') into the STEM
curriculum at all education levels, including community
colleges, as considered appropriate by the Director.
``(2) Curriculum integration.--The curriculum integration
under paragraph (1) may include the following:
``(A) Methods to conceptualize QISE for elementary, middle,
and high school curricula.
``(B) Methods for strengthening foundational mathematics
and science curricula.
``(C) Methods for integrating students who are underserved
or historically underrepresented groups in STEM.
``(D) Age-appropriate materials that apply the principles
of quantum information science in STEM fields.
``(E) Recommendations for the standardization of key
concepts, definitions, and curriculum criteria across
government, academia, and industry.
``(F) Materials that specifically address the findings and
outcomes of the study to evaluate and make recommendations
for the quantum information science workforce pursuant to
subsection (d) of section 10661 of the Research and
Development, Competition, and Innovation Act and strategies
to account for the skills and workforce needs identified
through such study.
``(3) Coordination.--In carrying out this subsection, the
Director shall coordinate with relevant Federal agencies, and
consult with nongovernmental entities with expertise in QISE,
as appropriate, which may include institutions eligible to
participate in the Established Program to Stimulate
Competitive Research (EPSCoR).
``(4) Definition.--In this subsection, the term `STEM'
means the academic and professional disciplines of science,
technology, engineering, and mathematics, including computer
science.''.
(f) Quantum Education Pilot Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director, building on the
National Science Foundation's role in the National Q-12
Education Partnership and programs such as Q2Work Program,
shall make awards to institutions of higher education, non-
profit organizations, or consortia thereof to carry out a
pilot program, to be known as the ``Next Generation Quantum
Leaders Pilot Program'' (in this subsection referred to as
the ``Program''), for the education and training of the next
generation of students and teachers in the fundamental
principles of quantum mechanics.
(2) Requirements.--
(A) In general.--In carrying out the Program, the Director
shall--
(i) encourage awardees to coordinate with educational
service agencies (as such term ``educational service agency''
is defined in section 602(5) of the Individuals with
Disabilities Education Improvement Act of 2004 (20 U.S.C.
1401(5))), associations that support STEM educators or local
educational agencies, and partnerships through the Q-12
Education Partnership, to encourage elementary schools,
middle schools, and secondary schools, and State educational
agencies to participate in the Program;
(ii) require that awardees partner with elementary schools,
middle schools, or secondary schools, or consortia thereof,
and State educational agencies, to carry out activities under
the Program;
(B) Use of funds.--In carrying out the Program, the
Director shall make competitive, merit-reviewed awards to--
(i) support testing, evaluation, dissemination, and
implementation of age-appropriate quantum information
sciences curricula and resources, including the integration
of quantum information science and engineering into the STEM
curriculum pursuant to subsection (d) of section 301 of the
National Quantum Initiative Act (15 U.S.C. 8841), as added by
subsection (e);
(ii) support opportunities for informal education on
quantum concepts, including informal hands-on learning
opportunities;
(iii) support opportunities for students to further explore
quantum information science education and related careers;
(iv) develop and implement training, research, and
professional development programs for teachers, including
innovative pre-service and in-service programs, in quantum
information science and related fields; and
(v) carry out such other activities as the Director
determines appropriate.
[[Page H7357]]
(C) Distribution.--In carrying out the Program and to the
extent practicable, the Director shall ensure there is a
wide, equitable distribution of Program participants across
diverse geographic areas and that the Program includes a
diverse representation of students, including students from
groups historically underrepresented in STEM.
(3) Consultation.--The Director shall carry out the Program
in consultation with the QIS Workforce Working Group of the
Subcommittee on Quantum Information Science of the National
Science and Technology Council and the Advancing Informal
STEM Learning Program.
(4) Reporting.--Not later than four years after the date of
the enactment of this section, the Director shall submit to
Congress a report that includes the following:
(A) An assessment, that includes feedback from a wide range
of stakeholders in academia, K-12 education, and the private
sector, of the effectiveness of the Program in scaling up
implementation of effective quantum education and training
innovations.
(B) If determined to be effective, a plan for integrating
the Program into existing programs, including the feasibility
and advisability of expanding the scope of the Program to
include additional technology areas, grade levels, and
educational institutions beyond those originally selected to
participate in the Program.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Director $8,000,000 for each of
fiscal years 2023 through 2026 to carry out this section.
(6) Termination.--This subsection shall terminate on the
date that is four years after the date of the enactment of
this Act.
Subtitle H--Blockchain Specialist
SEC. 10671. ESTABLISHMENT OF BLOCKCHAIN AND CRYPTOCURRENCY
SPECIALIST POSITION WITHIN OSTP.
The Director of the Office of Science and Technology Policy
shall establish or designate a blockchain and
cryptocurrencies advisory specialist position within the
Office to coordinate Federal activities and advise the
President on matters of research and development relating to
blockchain, cryptocurrencies, and distributed ledger
technologies.
Subtitle I--Partnerships for Energy Security and Innovation
SEC. 10691. FOUNDATION FOR ENERGY SECURITY AND INNOVATION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
described in subsection (b)(2)(A).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Executive director.--The term ``Executive Director''
means the Executive Director described in subsection
(b)(5)(A).
(4) Foundation.--The term ``Foundation'' means the
Foundation for Energy Security and Innovation established
under subsection (b)(1).
(5) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(6) Individual laboratory-associated foundation.--The term
``Individual Laboratory-Associated Foundation'' means a
Laboratory Foundation established by an operating contractor
of a National Laboratory.
(7) Minority-serving institution.--The term ``minority
serving institution'' means a Hispanic-serving institution as
defined in section 502 of the Higher Education Act of 1965
(20 U.S.C. 1101a), an Alaska Native-serving institution and a
Native Hawaiian-serving institution as defined in section in
317 of the Higher Education Act of 1965 (20 U.S.C. 1059d), or
a Predominantly Black Institution, Asian American and Native
American Pacific Islander-serving institution, or a Native
American-serving nontribal institution as defined in section
371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).
(8) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given in section 316
of the Higher Education Act of 1965 (20 U.S.C. 1059c).
(b) Foundation for Energy Security and Innovation.--
(1) Establishment.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
nonprofit corporation to be known as the ``Foundation for
Energy Security and Innovation''.
(B) Mission.--The mission of the Foundation shall be--
(i) to support the mission of the Department; and
(ii) to advance collaboration with energy researchers,
institutions of higher education, industry, and nonprofit and
philanthropic organizations to accelerate the
commercialization of energy technologies.
(C) Limitation.--The Foundation shall not be an agency or
instrumentality of the Federal Government.
(D) Tax-exempt status.--The Board shall take all necessary
and appropriate steps to ensure that the Foundation is an
organization that is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code.
(E) Collaboration with existing organizations.--The
Secretary may collaborate with 1 or more organizations to
establish the Foundation and carry out the activities of the
Foundation.
(2) Board of directors.--
(A) Establishment.--The Foundation shall be governed by a
Board of Directors.
(B) Composition.--
(i) In general.--The Board shall be composed of the ex
officio nonvoting members described in clause (ii) and the
appointed voting members described in clause (iii).
(ii) Ex officio members.--The ex officio members of the
Board shall be the following individuals or designees of
those individuals:
(I) The Secretary.
(II) The Under Secretary for Science.
(III) The Under Secretary for Nuclear Security.
(IV) The Chief Commercialization Officer.
(iii) Appointed members.--
(I) Initial members.--The Secretary and the other ex
officio members of the Board shall--
(aa) seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine to develop a
list of individuals to serve as members of the Board who are
well-qualified and will meet the requirements of subclauses
(II) and (III); and
(bb) appoint the initial members of the Board from that
list, if applicable, in consultation with the National
Academies of Sciences, Engineering, and Medicine.
(II) Representation.--The appointed members of the Board
shall reflect a broad cross-section of stakeholders from
academia, National Laboratories, industry, nonprofit
organizations, State or local governments, the investment
community, and the philanthropic community.
(III) Experience.--The Secretary shall ensure that a
majority of the appointed members of the Board--
(aa)(AA) has experience in the energy sector;
(BB) has research experience in the energy field; or
(CC) has experience in technology commercialization or
foundation operations; and
(bb) to the extent practicable, represents diverse regions,
sectors, and communities.
(C) Chair and vice chair.--
(i) In general.--The Board shall designate from among the
members of the Board--
(I) an individual to serve as Chair of the Board; and
(II) an individual to serve as Vice Chair of the Board.
(ii) Terms.--The term of service of the Chair and Vice
Chair of the Board shall end on the earlier of--
(I) the date that is 3 years after the date on which the
Chair or Vice Chair of the Board, as applicable, is
designated for the position; and
(II) the last day of the term of service of the member, as
determined under subparagraph (D)(i), who is designated to be
Chair or Vice Chair of the Board, as applicable.
(iii) Representation.--The Chair and Vice Chair of the
Board--
(I) shall not be representatives of the same area of
subject matter expertise, or entity, as applicable, under
subparagraph (B)(iii)(II); and
(II) shall not be representatives of any area of subject
matter expertise, or entity, as applicable, represented by
the immediately preceding Chair and Vice Chair of the Board.
(D) Terms and vacancies.--
(i) Terms.--
(I) In general.--The term of service of each appointed
member of the Board shall be not more than 5 years.
(II) Initial appointed members.--Of the initial members of
the Board appointed under subparagraph (B)(iii)(I), half of
the members shall serve for 4 years and half of the members
shall serve for 5 years, as determined by the Chair of the
Board.
(ii) Vacancies.--Any vacancy in the membership of the
appointed members of the Board--
(I) shall be filled in accordance with the bylaws of the
Foundation by an individual capable of representing the same
area or entity, as applicable, as represented by the vacating
board member under subparagraph (B)(iii)(II);
(II) shall not affect the power of the remaining appointed
members to execute the duties of the Board; and
(III) shall be filled by an individual selected by the
Board.
(E) Meetings; quorum.--
(i) Initial meeting.--Not later than 60 days after the
Board is established, the Secretary shall convene a meeting
of the ex officio and appointed members of the Board to
incorporate the Foundation.
(ii) Quorum.--A majority of the appointed members of the
Board shall constitute a quorum for purposes of conducting
the business of the Board.
(F) Duties.--The Board shall--
(i) establish bylaws for the Foundation in accordance with
subparagraph (G);
(ii) provide overall direction for the activities of the
Foundation and establish priority activities;
(iii) carry out any other necessary activities of the
Foundation;
(iv) evaluate the performance of the Executive Director;
and
(v) actively solicit and accept funds, gifts, grants,
devises, or bequests of real or personal property to the
Foundation, including from private entities.
(G) Bylaws.--
(i) In general.--The bylaws established under subparagraph
(F)(i) may include--
(I) policies for the selection of Board members, officers,
employees, agents, and contractors of the Foundation;
(II) policies, including ethical standards, for--
(aa) the acceptance, solicitation, and disposition of
donations and grants to the Foundation, including appropriate
limits on the ability of donors to designate, by stipulation
or restriction, the use or recipient of donated funds; and
(bb) the disposition of assets of the Foundation;
(III) policies that subject all employees, fellows,
trainees, and other agents of the Foundation (including ex
officio and appointed members of the Board) to conflict of
interest standards; and
[[Page H7358]]
(IV) the specific duties of the Executive Director.
(ii) Requirements.--The Board shall ensure that the bylaws
of the Foundation and the activities carried out under those
bylaws shall not--
(I) reflect unfavorably on the ability of the Foundation to
carry out activities in a fair and objective manner; or
(II) compromise, or appear to compromise, the integrity of
any governmental agency or program, or any officer or
employee employed by, or involved in, a governmental agency
or program.
(H) Compensation.--
(i) In general.--No member of the Board shall receive
compensation for serving on the Board.
(ii) Certain expenses.--In accordance with the bylaws of
the Foundation, members of the Board may be reimbursed for
travel expenses, including per diem in lieu of subsistence,
and other necessary expenses incurred in carrying out the
duties of the Board.
(I) Restriction on membership.--No employee of the
Department shall be appointed as a member of the Board of
Directors.
(3) Purposes.--The purposes of the Foundation are--
(A) to support the Department in carrying out the mission
of the Department to ensure the security and prosperity of
the United States by addressing energy and environmental
challenges through transformative science and technology
solutions; and
(B) to increase private and philanthropic sector
investments that support efforts to create, characterize,
develop, test, validate, and deploy or commercialize
innovative technologies that address crosscutting national
energy challenges, including those affecting minority, rural,
and other underserved communities, by methods that include--
(i) fostering collaboration and partnerships with
researchers from the Federal Government, State governments,
institutions of higher education, including historically
Black colleges or universities, Tribal Colleges or
Universities, and minority-serving institutions, federally
funded research and development centers, industry, and
nonprofit organizations for the research, development, or
commercialization of transformative energy and associated
technologies;
(ii) strengthening and sharing best practices relating to
regional economic development through scientific and energy
innovation, including in partnership with an Individual
Laboratory-Associated Foundation;
(iii) promoting new product development that supports job
creation;
(iv) administering prize competitions--
(I) to accelerate private sector competition and
investment; and
(II) that complement the use of prize authority by the
Department;
(v) supporting programs that advance technology maturation,
especially where there may be gaps in Federal or private
funding in advancing a technology to deployment or
commercialization from the prototype stage to a commercial
stage;
(vi) supporting efforts to broaden participation in energy
technology development among individuals from historically
underrepresented groups or regions; and
(vii) facilitating access to Department facilities,
equipment, and expertise to assist in tackling national
challenges.
(4) Activities.--
(A) Studies, competitions, and projects.--The Foundation
may conduct and support studies, competitions, projects, and
other activities that further the purposes of the Foundation
described in paragraph (3).
(B) Fellowships and grants.--
(i) In general.--The Foundation may award fellowships and
grants for activities relating to research, development,
demonstration, maturation, or commercialization of energy and
other Department-supported technologies.
(ii) Form of award.--A fellowship or grant under clause (i)
may consist of a stipend, health insurance benefits, funds
for travel, and funds for other appropriate expenses.
(iii) Selection.--In selecting a recipient for a fellowship
or grant under clause (i), the Foundation--
(I) shall make the selection based on the technical and
commercialization merits of the proposed project of the
potential recipient; and
(II) may consult with a potential recipient regarding the
ability of the potential recipient to carry out various
projects that would further the purposes of the Foundation
described in paragraph (3).
(iv) National laboratories.--A National Laboratory that
applies for or accepts an award under clause (i) shall not be
considered to be engaging in a competitive process.
(C) Accessing facilities and expertise.--The Foundation may
work with the Department--
(i) to leverage the capabilities and facilities of National
Laboratories to commercialize technology; and
(ii) to assist with resources, including by providing
information on the assets of each National Laboratory that
may enable the deployment and commercialization of
technology.
(D) Training and education.--The Foundation may support
programs that provide training to researchers, scientists,
other relevant personnel at National Laboratories and
institutions of higher education, and previous or current
recipients of or applicants for Department funding to help
research, develop, demonstrate, deploy, and commercialize
federally funded technology.
(E) Maturation funding.--The Foundation shall support
programs that provide maturation funding to researchers to
advance the technology of those researchers for the purpose
of moving products from a prototype stage to a commercial
stage.
(F) Stakeholder engagement.--The Foundation shall convene,
and may consult with, representatives from the Department,
institutions of higher education, National Laboratories, the
private sector, and commercialization organizations to
develop programs for the purposes of the Foundation described
in paragraph (3) and to advance the activities of the
Foundation.
(G) Individual and federal laboratory-associated
foundations.--
(i) Definition of covered foundation.--In this
subparagraph, the term ``covered foundation'' means each of
the following:
(I) An Individual Laboratory- Associated Foundation.
(II) A Federal Laboratory- Associated Foundation
established pursuant to subsection (c)(1).
(ii) Support.--The Foundation shall provide support to and
collaborate with covered foundations.
(iii) Guidelines and templates.--For the purpose of
providing support under clause (ii), the Secretary shall
establish suggested guidelines and templates for covered
foundations, including--
(I) a standard adaptable organizational design for
responsible management;
(II) standard and legally tenable bylaws and money-handling
procedures; and
(III) a standard training curriculum to orient and expand
the operating expertise of personnel employed by covered
foundations.
(iv) Affiliations.--Nothing in this subparagraph requires--
(I) an existing Individual Laboratory-Associated Foundation
to modify current practices or affiliate with the Foundation;
or
(II) a covered foundation to be bound by charter or
corporate bylaws as permanently affiliated with the
Foundation.
(H) Supplemental programs.--The Foundation may carry out
supplemental programs--
(i) to conduct and support forums, meetings, conferences,
courses, and training workshops consistent with the purposes
of the Foundation described in paragraph (3);
(ii) to support and encourage the understanding and
development of data that promotes the translation of
technologies from the research stage, through the development
and maturation stage, and ending in the market stage;
(iii) for writing, editing, printing, publishing, and
vending books and other materials relating to research
carried out under the Foundation and the Department; and
(iv) to conduct other activities to carry out and support
the purposes of the Foundation described in paragraph (3).
(I) Evaluations.--The Foundation shall support the
development of an evaluation methodology, to be used as part
of any program supported by the Foundation, that shall--
(i) consist of qualitative and quantitative metrics; and
(ii) include periodic third party evaluation of those
programs and other activities of the Foundation.
(J) Communications.--The Foundation shall develop an
expertise in communications to promote the work of grant and
fellowship recipients under subparagraph (B), the
commercialization successes of the Foundation, opportunities
for partnership with the Foundation, and other activities.
(K) Solicitation and use of funds.--The Foundation may
solicit and accept gifts, grants, and other donations,
establish accounts, and invest and expend funds in support of
the activities and programs of the Foundation.
(L) Authority of the foundation.--The Foundation shall be
the sole entity responsible for carrying out the activities
described in this paragraph.
(5) Administration.--
(A) Executive director.--The Board shall hire an Executive
Director of the Foundation, who shall serve at the pleasure
of the Board. Subject to the compliance with the policies and
bylaws established pursuant to paragraph (2)(G), the
Executive Director shall be responsible for the daily
operations of the Foundation in carrying the activities
described in paragraph (4).
(B) Compensation.--The rate of compensation of the
Executive Director shall be fixed by the Board.
(C) Administrative control.--No member of the Board,
officer or employee of the Foundation or of any program
established by the Foundation, or participant in a program
established by the Foundation, shall exercise administrative
control over any Federal employee.
(D) Strategic plan.--Not later than 1 year after the date
of enactment of this Act, the Foundation shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology of the House
of Representatives a strategic plan that contains--
(i) a plan for the Foundation to become financially self-
sustaining in fiscal year 2023 and thereafter (except for the
amounts provided each fiscal year under paragraph
(11)(A)(iii));
(ii) a forecast of major crosscutting energy challenge
opportunities, including short- and long-term objectives,
identified by the Board, with input from communities
representing the entities and areas of subject matter
expertise, as applicable, described in paragraph
(2)(B)(iii)(II);
(iii) a description of the efforts that the Foundation will
take to be transparent in the processes of the Foundation,
including processes relating to--
(I) grant awards, including selection, review, and
notification;
(II) communication of past, current, and future research
priorities; and
(III) solicitation of and response to public input on the
opportunities identified under clause (ii);
[[Page H7359]]
(iv) a description of the financial goals and benchmarks of
the Foundation for the following 10 years;
(v) a description of the efforts undertaken by the
Foundation to engage historically underrepresented groups or
regions, including through collaborations with historically
Black colleges and universities, Tribal Colleges or
Universities, minority-serving institutions, and minority-
owned and women-owned business, and;
(vi) a description of the efforts undertaken by the
Foundation to ensure maximum complementarity and minimum
redundancy with investments made by the Department.
(E) Annual report.--Not later than 1 year after the date on
which the Foundation is established, and every years
thereafter, the Foundation shall submit to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Science, Space, and Technology of the House of
Representatives, and the Secretary a report that, for the
year covered by the report--
(i) describes the activities of the Foundation and the
progress of the Foundation in furthering the purposes of the
Foundation described in paragraph (3);
(ii) provides a specific accounting of the source and use
of all funds made available to the Foundation to carry out
those activities to ensure transparency in the alignment of
Department missions and policies with national security;
(iii) describes how the results of the activities of the
Foundation could be incorporated into the procurement
processes of the General Services Administration; and
(iv) includes a summary of each evaluation conducted using
the evaluation methodology described in paragraph (4)(I).
(F) Evaluation by comptroller general.--Not later than 5
years after the date on which the Foundation is established,
the Comptroller General of the United States shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Science, Space, and Technology of the
House of Representatives--
(i) an evaluation of--
(I) the extent to which the Foundation is achieving the
mission of the Foundation; and
(II) the operation of the Foundation; and
(ii) any recommendations on how the Foundation may be
improved.
(G) Audits.--The Foundation shall--
(i) provide for annual audits of the financial condition of
the Foundation; and
(ii) make the audits, and all other records, documents, and
papers of the Foundation, available to the Secretary and the
Comptroller General of the United States for examination or
audit.
(H) Separate fund accounts.--The Board shall ensure that
any funds received under paragraph (11)(A) are held in a
separate account from any other funds received by the
Foundation.
(I) Integrity.--
(i) In general.--To ensure integrity in the operations of
the Foundation, the Board shall develop and enforce
procedures relating to standards of conduct, financial
disclosure statements, conflicts of interest (including
recusal and waiver rules), audits, and any other matters
determined appropriate by the Board.
(ii) Financial conflicts of interest.--To mitigate
conflicts of interest and risks from malign foreign
influence, any individual who is an officer, employee, or
member of the Board is prohibited from any participation in
deliberations by the Foundation of a matter that would
directly or predictably affect any financial interest of--
(I) the individual;
(II) a relative (as defined in section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.)) of that individual;
or
(III) a business organization or other entity in which the
individual has an interest, including an organization or
other entity with which the individual is negotiating
employment.
(J) Intellectual property.--The Board shall adopt written
standards to govern the ownership and licensing of any
intellectual property rights developed by the Foundation or
derived from the collaborative efforts of the Foundation.
(K) Liability.--
(i) In general.--The United States shall not be liable for
any debts, defaults, acts, or omissions of--
(I) the Foundation;
(II) a Federal entity with respect to an agreement of that
Federal entity with the Foundation; or
(III) an Individual Laboratory- Associated Foundation with
respect to an agreement of that Federal entity with the
Foundation.
(ii) Full faith and credit.--The full faith and credit of
the United States shall not extend to any obligations of the
Foundation.
(L) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Foundation or an Individual Laboratory-Associated Foundation.
(6) Department collaboration.--
(A) National laboratories.--The Secretary shall collaborate
with the Foundation to develop a process to ensure
collaboration and coordination between the Department, the
Foundation, and National Laboratories--
(i) to streamline contracting processes between National
Laboratories and the Foundation, including by--
(I) streamlining the ability of the Foundation to transfer
equipment and funds to National Laboratories;
(II) standardizing contract mechanisms to be used by the
Foundation in engaging with National Laboratories; and
(III) streamlining the ability of the Foundation to fund
endowed positions at National Laboratories;
(ii) to allow a National Laboratory or site of a National
Laboratory--
(I) to accept and perform work for the Foundation,
consistent with provided resources, notwithstanding any other
provision of law governing the administration, mission, use,
or operations of the National Laboratory or site, as
applicable; and
(II) to perform that work on a basis equal to other
missions at the National Laboratory; and
(iii) to permit the director of any National Laboratory or
site of a National Laboratory to enter into a cooperative
research and development agreement or negotiate a licensing
agreement with the Foundation pursuant to section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a).
(B) Department liaisons.--The Secretary shall appoint
liaisons from across the Department to collaborate and
coordinate with the Foundation, including not less than 1
liaison from the Office of Technology Transitions, who shall
ensure that the Foundation works in conjunction with and does
not duplicate existing activities and programs carried out by
the Department, including the Technology Commercialization
Fund of the Department.
(C) Administration.--The Secretary shall leverage
appropriate arrangements, contracts, and directives to carry
out the process developed under subparagraph (A).
(7) National security.--Nothing in this subsection exempts
the Foundation from any national security policy of the
Department.
(8) Support services.--The Secretary may provide
facilities, utilities, and support services to the Foundation
if it is determined by the Secretary to be advantageous to
the research programs of the Department.
(9) Preemption of authority.--This subsection shall not
preempt any authority or responsibility of the Secretary
under any other provision of law.
(10) Transfer funds.--The Foundation may transfer funds to
the Department, which shall be subject to all applicable
Federal limitations relating to federally funded research.
(11) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated--
(i) not less than $1,500,000 shall be for the Secretary for
fiscal year 2023 to establish the Foundation;
(ii) not less than $30,000,000 shall be for the Foundation
for fiscal year 2024 to carry out the activities of the
Foundation; and
(iii) not less than $3,000,000 shall be for the Foundation
for each of the fiscal years 2025 through 2027 for
administrative and operational costs.
(B) Limitation.--None of the funds authorized to be
appropriated to the Secretary by subparagraph (A)(i) of this
paragraph shall be used for construction.
(C) Cost share.--Funds made available under subparagraph
(A)(ii) shall be required to be cost- shared by a partner of
the Foundation other than the Department or a National
Laboratory.
(c) National Energy Technology Laboratory-associated
Foundation.--
(1) Establishment.--
(A) In general.--The National Energy Technology Laboratory
may establish, or enter into an agreement with a nonprofit
organization to establish, a Federal Laboratory-Associated
Foundation (referred to in this subsection as a ``Laboratory
Foundation'') to support the mission of the National Energy
Technology Laboratory.
(B) Not agency or instrumentality.--A Laboratory Foundation
shall not be an agency or instrumentality of the Federal
Government.
(C) Governance structure.--A Laboratory Foundation
established under subparagraph (A) shall have a separate
governance structure from, and shall be managed independently
of, the National Energy Technology Laboratory.
(2) Activities.--Activities of a Laboratory Foundation may
include--
(A) conducting support studies, competitions, projects,
research, and other activities that further the purpose of
the Laboratory Foundation;
(B) carrying out programs to foster collaboration and
partnership among researchers from the Federal Government,
State governments, institutions of higher education,
federally funded research and development centers, and
industry and nonprofit organizations relating to the
research, development, and commercialization of federally
supported technologies;
(C) carrying out programs to leverage technologies to
support new product development that supports regional
economic development;
(D) administering prize competitions--
(i) to accelerate private sector competition and
investment; and
(ii) that complement the use of prize authority by the
Department;
(E) providing fellowships and grants to research and
development personnel at, or affiliated with, federally
funded centers, in accordance with paragraph (3);
(F) carrying out programs--
(i) that allow scientists from foreign countries to serve
in research capacities in the United States or other
countries in association with the National Energy Technology
Laboratory;
(ii) that provide opportunities for employees of the
National Energy Technology Laboratory to serve in research
capacities in foreign countries;
(iii) to conduct studies, projects, or research in
collaboration with national and international nonprofit and
for-profit organizations, which may include the provision of
stipends, travel, and other support for personnel;
(iv)(I) to hold forums, meetings, conferences, courses, and
training workshops that may include undergraduate, graduate,
post- graduate, and post-doctoral accredited courses; and
(II) for the accreditation of those courses by the
Laboratory Foundation at the State and national level for
college degrees or continuing education credits;
[[Page H7360]]
(v) to support and encourage teachers and students of
science at all levels of education;
(vi) to promote an understanding of science amongst the
general public;
(vii) for writing, editing, printing, publishing, and
vending of relevant books and other materials; and
(viii) for the conduct of other activities to carry out and
support the purpose of the Laboratory Foundation; and
(G) receiving, administering, soliciting, accepting, and
using funds, gifts, devises, or bequests, either absolutely
or in trust of real or personal property or any income
therefrom, or other interest or equity therein for the
benefit of, or in connection with, the mission of the
applicable Federal laboratory, in accordance with paragraph
(4).
(3) Fellowships and grants.--
(A) Selection.--Recipients of fellowships and grants
described in paragraph (2)(E) shall be selected--
(i) by a Laboratory Foundation and the donors to a
Laboratory Foundation;
(ii) subject to the agreement of the head of the agency the
mission of which is supported by a Laboratory Foundation; and
(iii) in the case of a fellowship, based on the
recommendation of the employees of the National Energy
Technology Laboratory at which the fellow would serve.
(B) Expenses.--Fellowships and grants described in
paragraph (2)(E) may include stipends, travel, health
insurance, benefits, and other appropriate expenses.
(4) Gifts.--An amount of funds, a gift, a devise, or a
bequest described in paragraph (2)(G) may be accepted by a
Laboratory Foundation regardless of whether it is encumbered,
restricted, or subject to a beneficial interest of a private
person if any current or future interest of the funds, gift,
devise, or bequest is for the benefit of the research and
development activities of the National Energy Technology
Laboratory.
(5) Ownership by federal government.--A contribution, gift,
or any other transfer made to or for the use of a Laboratory
Foundation shall be regarded as a contribution, gift, or
transfer to or for the use of the Federal Government.
(6) Liability.--The United States shall not be liable for
any debts, defaults, acts, or omissions of a Laboratory
Foundation.
(7) Transfer of funds.--Notwithstanding any other provision
of law, a Laboratory Foundation may transfer funds to the
National Energy Technology Laboratory and the National Energy
Technology Laboratory may accept that transfer of funds.
(8) Other laws.--This subsection shall not alter or
supersede any other provision of law governing the authority,
scope, establishment, or use of nonprofit organizations by a
Federal agency.
Subtitle J--Energizing Technology Transfer
SEC. 10701. DEFINITIONS.
In this subtitle:
(1) Clean energy technology.--The term ``clean energy
technology'' means a technology that significantly reduces
energy use, increases energy efficiency, reduces greenhouse
gas emissions, reduces emissions of other pollutants, or
mitigates other negative environmental consequences of energy
production, transmission or use.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Director.--The term ``Director'' means the Director of
each National Laboratory and the Director of each Department
of Energy single-purpose research facility.
(4) Economically distressed area.--The term ``economically
distressed area'' has the meaning described in section 301(a)
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(5) Grant.--The term ``grant'' means a grant award,
cooperative agreement award, or any other financial
assistance arrangement that the Secretary of Energy
determines to be appropriate.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given
such term in section 101 of the Higher Education Act of 1965,
as amended (20 U.S.C. 1001).
(7) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
PART 1--NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS
SEC. 10713. NATIONAL CLEAN ENERGY INCUBATOR PROGRAM.
(a) Clean Energy Incubator Defined.--In this section, the
term ``clean energy incubator''--
(1) means any entity that is designed to accelerate the
commercial application of clean energy technologies by
providing--
(A) physical workspace, labs, and prototyping facilities to
support clean energy startups or established clean energy
companies; or
(B) companies developing such technologies with support,
resources, and services, including--
(i) access to business education and counseling;
(ii) mentorship opportunities; and
(iii) other services rendered for the purpose of aiding the
development and commercial application of a clean energy
technology; and
(2) may include a program within or established by a
National Laboratory, an institution of higher education or a
State, territorial, local, or tribal government.
(b) Program Establishment.--Not later than 180 days after
the enactment of this Act, the Secretary, acting through the
Chief Commercialization Officer established in section
1001(a) of the Energy Policy Act of 2005 (42 U.S.C.
16391(a)), shall establish a Clean Energy Incubator Program
(herein referred to as the ``program'') to competitively
award grants to clean energy incubators.
(c) Clean Energy Incubator Selection.--In awarding grants
to clean energy incubators under subsection (b), the
Secretary shall, to the maximum extent practicable,
prioritize funding clean energy incubators that--
(1) partner with entities that carry out activities
relevant to the activities of such incubator and that operate
at the local, State, and regional levels;
(2) support the commercial application activities of
startup companies focused on physical hardware,
computational, or integrated hardware and software
technologies;
(3) are located in geographically diverse regions of the
United States, such as the Great Lakes region;
(4) are located in, or partner with entities located in,
economically-distressed areas;