[Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)]
[Senate]
[Pages S3900-S3903]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6666. Mr. YOUNG (for himself, Mr. Padilla, Mr. Cotton, Ms.
Klobuchar, Mr. Fetterman, and Mr. Budd) submitted an amendment intended
to be proposed by him to the bill S. 4784, to authorize appropriations
for fiscal year 2027 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end, add the following:
DIVISION F--AMERICAN BIOTECHNOLOGY COMPETITIVENESS ACT
SECTION 1. SHORT TITLE.
This division may be cited as the ``American Biotechnology
Competitiveness Act''.
TITLE I--BIOSECURITY MODERNIZATION AND INNOVATION
SEC. 101. DEFINITIONS.
In this division:
(1) Benchtop nucleic acid synthesizer.--The term ``benchtop
nucleic acid synthesizer'' means a device or integrated
system that--
(A)(i) is capable of performing de novo synthesis of
nucleic acid sequences by an end user at the site of use; or
(ii) is capable of performing de novo synthesis of nucleic
acid sequences without requiring the end user to submit an
order to a separate covered entity to perform such synthesis;
and
(B) is intended for distribution to, or use by, individual
researchers, research institutions, institutional core
facilities, or other end users, regardless of the physical
dimensions of such device or system.
(2) Covered entity.--
(A) In general.--Except as provided in subparagraph (B),
the term ``covered entity'' means a person who--
(i) synthesizes and sells synthetic nucleic acids to
persons in the United States or in a foreign country; or
(ii) produces and distributes or sells, including
resellers, equipment for synthesizing nucleic acids,
including benchtop nucleic acid synthesizers, to persons in
the United States or in a foreign country.
(B) Exception.--The term ``covered entity'' does not
include a person to the extent the person sells or
distributes synthetic nucleic acids within a commercial
entity for the purpose of such entity's research and
development activities.
(3) Director.--The term ``Director'' means the Director of
the Office of Science and Technology Policy.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Standards and Technology.
SEC. 102. SENSE OF CONGRESS.
It is the Sense of Congress that--
(1) the field of biotechnology is accelerating and the
United States is at risk of losing its biotechnology
leadership to foreign adversaries;
(2) this acceleration of the field brings the United States
into a period of both great opportunity and risk;
(3) policymaking for biosecurity, biosafety, and
responsible innovation needs to be flexible to keep pace with
advances in the biotechnology and ensure an environment that
allows biotechnology research and industry to flourish;
(4) the current landscape of biosecurity and biosafety
authorities is spread among multiple agencies, contributing
to slow policymaking, which, coupled with the rapid
advancement of biotechnology, becomes outdated quickly;
(5) previous studies conducted by the Government
Accountability Office, the National Security Commission for
Emerging Biotechnology, and several presidential
administrations have already identified gaps in the Federal
Government's oversight of biosecurity and biosafety risks;
(6) the United States Government needs to streamline
biosecurity and biosafety authorities to ensure efficiency
and clarity;
(7) gene synthesis technology is becoming increasingly
sophisticated and accessible, along with the ability to
design novel nucleic acid sequences;
(8) both of these factors described in paragraph (7) may
increase the risk of the development and deployment of new
pathogens by bad actors; and
(9) gene synthesis screening of orders and customers is
immediately needed to mitigate risk in the short-term, which
will act as a stopgap while the United States Government
develops a comprehensive biosecurity and biosafety strategy
that is appropriate for the dynamic and rapidly advancing
field of biotechnology.
SEC. 103. NUCLEIC ACID SYNTHESIS SECURITY.
(a) Regulations Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall, in
consultation with the heads of other agencies as the
Secretary considers appropriate, establish and maintain by
regulation the following:
(A) A requirement for covered entities to implement
screening protocols to detect sequence inputs, synthesis
instructions, and orders for sequences of concern included in
the list established and maintained under subparagraph (C),
including sequences generated through benchtop nucleic acid
synthesizers. Such protocols shall--
(i) include the ability for privacy-preserving submission
of information regarding sequence inputs, synthesis
instructions, and orders for potential sequences of concern
to a mechanism, which may be maintained by the Secretary or
an independent organization designated by the Secretary, for
facilitating effective split order detection across covered
entities, utilizing the list established and maintained under
subparagraph (C); and
(ii) prioritize the mitigation of misuse of sequences
capable of creating pathogens with pandemic potential.
(B) A requirement for covered entities to implement
screening protocols to verify the identity and legitimacy of
customers.
(C) A list of sequences of concern, which shall be
determined by the Secretary in consultation with the heads of
Federal departments and agencies as the Secretary considers
appropriate.
(D) A system for reviewing and updating on a regular basis
the list of sequences of concern established and maintained
under subparagraph (C) that--
(i) uses a docket to allow for privacy-preserving
submissions from the public on recommendations for the list
of sequences of concern;
(ii) includes an expedited procedure to rapidly add
sequences of concern to the list on a provisional basis,
which may include, as far as technically feasible, automatic
procedures such as algorithmic literature scanning, industry
self-reporting, or inter-agency submissions; and
(iii) incorporates strong data security and confidentiality
standards.
(E) A conformity assessment system to verify that covered
entities are adhering to the requirements established and
maintained under subparagraphs (A) and (B), which will
include--
(i) an auditing process to ensure sequence inputs,
synthesis instructions, orders, and customers have been
scrutinized appropriately, including procedures to conduct
adversarial testing (sometimes referred to as ``red-
teaming'') in accordance with the standards developed under
subsection (c)(4), at random intervals to ensure compliance;
and
(ii) a process to revoke conformity status of covered
entities that fail to maintain compliance with the
requirements established and maintained under subparagraphs
(A) and (B), including the establishment of a grace period
for covered entities who have failed auditing or adversarial
testing under clause (i) to demonstrate compliance or
mitigation steps.
(F) A process, administered by an official of the
Department of Commerce designated by the Secretary--
(i) to receive findings from testing conducted in
accordance with the standards developed under subsection
(c)(4), reports of suspicious orders submitted by covered
entities, and related tips and referrals from Federal, State,
or local authorities;
(ii) to determine whether a reported order corresponds to a
test order submitted in accordance with the standards
developed under subsection (c)(4) and, if so, record the
covered entity's identification of the order as evidence of
compliance and close the report without referral to any law
enforcement agency; and
(iii) to act on a valid finding that a covered entity has
failed to maintain compliance with a requirement under this
paragraph, including by affording the covered entity notice
and a grace period as established in subparagraph (E)(ii).
(G) Safeguards to ensure regulations promulgated under this
subsection avoid unnecessary burden on innovation and
industry by--
(i) allowing covered entities to offer an expedited review
process for institutional customers, including considering
principal investigators at institutions of higher education,
with demonstrated records of legitimacy;
(ii) providing exemptions from customer screening
requirements for sequences or products as determined in
clause (iii) that are clearly non-hazardous and pose no
credible threat to public health or national security based
on scientific literature and industry best practices for
biosecurity screening; and
(iii) conducting regular consultations with relevant
experts to determine exempted sequences and minimize
regulatory burden while maintaining security effectiveness.
(2) Rules of construction.--Paragraph (1)(A) shall not be
construed--
(A) to prohibit a covered entity, as defined in section
101(2)(A)(i), from synthesizing a sequence; or
[[Page S3901]]
(B) to prohibit a covered entity, as defined in section
101(2)(A)(ii), from producing equipment for synthesizing
nucleic acids.
(b) Program of Technical Assistance.--
(1) Program required.--The Secretary shall establish a
program to provide technical assistance upon request of a
covered entity, including assistance with orders whose
screening results are ambiguous, subject to determination by
the Secretary, in consultation with the heads of such other
Federal departments and agencies as the Secretary considers
appropriate.
(2) Treatment of information received.--Information
received as part of the technical assistance request under
paragraph (1) may not be used in any enforcement against a
covered entity.
(c) National Institute of Standards and Technology
Requirements.--Not later than 1 year after the date of the
enactment of this Act, the Under Secretary shall develop best
practices, technical standards, and other tools needed to
support the administration of subsection (a), including the
following:
(1) Testing and evaluation of customer and order screening
protocols to improve accuracy, efficacy, and reliability, and
to support the conformity assessment system under subsection
(a)(1)(E).
(2) Evaluation of the sequences recommended for the list
established and updated under subparagraphs (C) and (D) of
subsection (a)(1), including by developing best practices and
guidelines for determining if a novel sequence is a sequence
of concern.
(3) Research and prototype sequence-to-function models to
supplement the system established and maintained under
subsection (a)(1)(D).
(4) Standards for the independent testing of the screening
of sequence inputs, synthesis instructions, orders, and
customers by covered entities (sometimes referred to as
``red-teaming''), which shall include--
(A) a testing protocol, consisting of test sequences,
simulated customer profiles, and order patterns, that is
designed so that test orders are not readily distinguishable
from legitimate orders, is reviewed and updated not less
frequently than once each year, and is not disclosed to
covered entities or to the public;
(B) criteria for a qualified testing entity, including
that--
(i) such entity has no financial interest in a market
competitor of the covered entity being tested, and the
routine procurement of nucleic acid synthesis products, or
the receipt of membership dues by a nonprofit or academic
entity shall not constitute such an interest; and
(ii) such entity maintains controls adequate to safeguard
testing protocols and entity-specific results; and
(C) criteria for a valid finding, requiring documented
evidence that a test order was submitted to a covered entity
by a qualified testing entity in accordance with the
standards developed under this paragraph and that the covered
entity acted inconsistently with a requirement under
paragraph (1) or (2).
(5) For covered entities, as specified in section
101(2)(A)(ii), technical standards and cybersecurity
specifications for securing benchtop nucleic acid
synthesizers as feasible and appropriate.
(d) Updates.--As frequently as the Secretary considers
appropriate to account for technological advances, but not
less frequently than once every 2 years, the Secretary shall
review and update the regulations promulgated under
subsection (a).
(e) Protection of Customer Information.--Any information
about a customer included in a submission under subparagraph
(A)(i) or (D)(i) of subsection (a)(1) shall, be kept
confidential and shall be exempt from disclosure under
section 552(b)(3) of title 5, United States Code.
(f) Relationship With Other Federal Guidelines and
Recommendations.--The regulations established and maintained
under subparagraphs (A) and (B) of subsection (a)(1) shall
supplant any Federal guidelines or recommendations relating
to nucleic acid synthesis screening that--
(1) were in effect before the date of the enactment of this
Act; and
(2) are voluntary.
(g) Civil Enforcement.--
(1) Civil action.--The Attorney General may bring a civil
action in a court of competent jurisdiction against any
person who violates a requirement promulgated under
subparagraph (A) or (B) of subsection (a)(1), including
through providing false or misleading information or engaging
in other deceptive practices, or does not demonstrate
compliance within the grace period set forth by subsection
(a)(1)(E)(ii).
(2) Powers of the court.--In an action brought under
paragraph (1), the court may--
(A) enjoin a violation described in paragraph (1); and
(B) award damages under paragraph (3).
(3) Award of damages.--A person who violates a requirement
as described in paragraph (1) is liable for statutory
damages--
(A) in the case of an individual, in the sum of not more
than $500,000, adjusted from time to time under paragraph
(4); and
(B) in the case of a person who is not an individual, in
the sum of not more than $750,000, adjusted from time to time
under paragraph (4).
(4) Adjustments for inflation.--Effective on October 1 of
each year (beginning in the first fiscal year after the date
of the enactment of this Act), the dollar amounts in effect
under paragraph (3) shall be increased by a percentage equal
to the percentage by which the Consumer Price Index for all
urban consumers (U.S. city average) increased during the 12-
month period ending with the last month for which Consumer
Price Index data is available. In the event that such
Consumer Price Index does not increase during such period,
the dollar amount in effect under such paragraph during the
previous fiscal year shall be maintained.
(h) Safe Harbor for Qualified Testing.--
(1) In general.--A qualified testing entity, and any
individual acting on behalf of such entity, that conducts
testing in good faith and in accordance with the standards
developed under subsection (c)(4) shall not, for any act
reasonably necessary, including use of a simulated identity,
submission of a test order or associated procurement, or
shipping activity to carry out such testing--
(A) be liable for breach of contract or of a covered
entity's terms of service; or
(B) be treated as having violated a provision of Federal or
State law solely by reason of the use of a simulated identity
or the provision of false or simulated information reasonably
necessary to carry out such testing under subsection (c)(4).
(2) Exceptions.--The safe harbor in paragraph (1) shall not
apply to an entity or individual that conducts testing--
(A) for the primary purpose of obtaining a competitive
advantage;
(B) that intentionally disrupts the commercial or
laboratory operations of a covered entity;
(C) that submits a finding the entity or individual knows
to be false or materially incomplete;
(D) that publicly discloses a specific vulnerability of an
identified covered entity before the end of a remediation
period established by the Secretary; or
(E) for the primary purpose of inflicting harm upon the
United States bioeconomy or national security, including
actions taken at the direction of a foreign adversary.
(i) Reports to Congress.--Not less frequently than once
each year, the Secretary shall submit to Congress a report on
the administration of this section. Each such report shall
include an overview of how many covered entities have been
verified by the conformity assessment system established and
maintained under subsection (a)(1)(E).
SEC. 104. ESTABLISHMENT OF BIOTECHNOLOGY GOVERNANCE TESTING
PROGRAM.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Under Secretary shall, in
collaboration with the heads of such Federal agencies as the
Under Secretary considers relevant and with such persons in
the private sector, academia, and civil society as the Under
Secretary considers appropriate, establish a biotechnology
governance testing program.
(b) Responsibilities.--Under the program established under
subsection (a), the Under Secretary shall--
(1) provide secure testing of innovations or tools
developed to advance the science of biosecurity, biosafety,
and responsible biotechnology innovation;
(2) foster participation of nongovernmental experts in the
development and testing of appropriate levels and methods of
governance, to achieve the goals of--
(A) ensuring the continued global competitiveness of
biotechnology innovations in the United States; and
(B) strengthening the ability of the United States to
robustly analyze emerging threats, anticipate concerns, and
govern proactively in the biotechnology space;
(3) carry out biological measurement research to support
the development and improvement of technical standards for
biosecurity, biosafety, and responsible biotechnology
innovation; and
(4) report annually to the Secretary of Commerce on the
administration of paragraph (2) and whether any promising
governance strategies have resulted from the development and
testing.
(c) Access to Environments.--The Under Secretary may
contract with the private sector or coordinate with other
Federal agencies to access environments necessary to provide
testing under subsection (b)(1).
SEC. 105. STREAMLINING BIOSECURITY AND BIOSAFETY AUTHORITIES
ACROSS THE FEDERAL GOVERNMENT.
(a) Assessment and Plan Required.--Not later than 90 days
after the date of the enactment of this Act, the Director
shall, in collaboration with the heads of such Federal
agencies as the Director considers relevant--
(1) assess the current state of biosecurity and biosafety
oversight by the Federal Government; and
(2) develop, based on the findings of the Director with
respect to the assessment conducted under paragraph (1), an
implementation plan to make oversight of biosecurity and
biosafety by the Federal Government more effective and
efficient.
(b) Elements of Assessment.--The assessment required by
subsection (a)(1) shall include the following:
(1) A full accounting of Federal biosecurity and biosafety
authorities and programs, including which agencies hold these
authorities, whether these authorities are exercised
effectively, and where there are overlaps or redundancies,
real or perceived, in regulatory and enforcement authorities.
(2) Engagement with industry stakeholders and academia to
understand where there are challenges with compliance,
communication, and information sharing.
(3) Identification of gaps in funding or other Government
support for the development of research, innovation, and
tools that
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advance the science of applied biosecurity, biosafety, and
responsible biotechnology innovation.
(4) Identification of gaps in current Federal biosecurity
and biosafety authorities and whether these gaps are
hindering effective and efficient governance and assessment
of emerging risks and opportunities in biotechnology.
(5) An evaluation of how consolidation of biosecurity and
biosafety guidelines, authorities, and regulations across
Federal agencies, including the regulations established and
maintained under section 103(a), should be implemented to
make oversight more effective and efficient and to address
the gaps in such guidelines, authorities, and regulations,
including those identified under paragraphs (3) and (4).
(c) Report to Congress.--
(1) In general.--Not later than 90 days after the date on
which the Director completes the assessment required by
paragraph (1) of subsection (a) and the implementation plan
required by paragraph (2) of such subsection, the Director
shall submit to Congress--
(A) a report on the findings of the Director with respect
to the assessment; and
(B) a copy of the implementation plan.
(2) Contents.--The report submitted pursuant to paragraph
(1)(A) shall include the following:
(A) The findings of the Director with respect to the
assessment conducted pursuant to subsection (a)(1), with an
annex for classified and business confidential information,
as needed.
(B) Recommendations for legislative or administrative
action to support the implementation plan developed under
subsection (a)(2), according to--
(i) what, if any, new biosecurity and biosafety authorities
are needed; and
(ii) where the Federal Government can consolidate
biosecurity and biosafety authorities, including which, if
any, should be reside under a common government entity, and
whether this necessitates establishing a new government
entity.
(d) Implementation.--
(1) In general.--Not later than 90 days after the date on
which the Director completes the implementation plan required
by subsection (a)(2), the Director shall commence
implementing the plan through administrative action in
accordance with applicable provisions of law.
(2) Governance strategies.--In carrying out the
implementation plan developed under subsection (a)(2), the
Director shall consider which, if any, of the governance
strategies reported under section 104(b)(4) should be
included in the plan.
TITLE II--NATIONAL PROGRAMMABLE CLOUD LABORATORIES NETWORK
SEC. 201. DEFINITIONS.
(a) Definitions.--In this title:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section
5002 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 9401).
(2) Biological data.--The term ``biological data'' means
the information, including associated descriptors, derived
from the structure, function, or process of a biological
system that is either measured, collected, or aggregated for
analysis.
(3) Director.--Unless otherwise provided, the term
``Director'' means the Director of the National Science
Foundation.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(5) Network.--The term ``Network'' means the National
Programmable Cloud Laboratories Network.
(6) Node.--The term ``node'' means a programmable cloud
laboratory designated as part of the Network.
(7) Non-designated laboratory.--The term ``non-designated
laboratory'' means any Federal, academic, nonprofit, or
private industry programmable cloud laboratory not selected
as a node under section 203.
(8) Programmable cloud laboratory.--The term ``programmable
cloud laboratory'' means a physical laboratory that is
equipped with research instrumentation and advanced
manufacturing capabilities, including robotics and artificial
intelligence, that can be securely and remotely programmed
and controlled in order to conduct experiments and collect
associated data.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
activities under this title--
(1) $30,000,000 for fiscal year 2026;
(2) $30,000,000 for fiscal year 2027;
(3) $30,000,000 for fiscal year 2028;
(4) $30,000,000 for fiscal year 2029; and
(5) $30,000,000 for fiscal year 2030.
SEC. 203. NATIONAL PROGRAMMABLE CLOUD LABORATORIES NETWORK.
(a) Purposes.--The purposes of the Network established
under this title are--
(1) to maintain leadership by the United States in advanced
experimentation, laboratory automation, and artificial
intelligence for scientific research, advanced manufacturing,
long-term economic competitiveness, and national security;
(2) to reduce the cost of federally funded research through
automation and reproducibility;
(3) to accelerate national competitiveness by transferring
government-funded research to private-sector commercial
applications;
(4) to improve collaboration among federally funded
national laboratories, institutions of higher education, and
private industry;
(5) to ensure that investment in programmable cloud
laboratories results in measurable cost savings,
efficiencies, and long-term fiscal sustainability;
(6) to incentivize private-sector cost-sharing in research
infrastructure and equipment;
(7) to support workforce development aligned with the
technical needs of industry in the United States;
(8) to provide funding for nodes;
(9) to advance the development of a domestic industrial
base for scientific automation tools, artificial intelligence
systems for experimentation, and robotics platforms for use
in laboratory settings; and
(10) to further programmable cloud laboratory research in
areas such as materials science, biotechnology, chemistry,
and other scientific or engineering disciplines where
automation and cloud-enabled experimentation can deliver
transformative results, including advanced materials
synthesis and characterization, scalable biotechnology
experimentation, and high-throughput chemical catalyst
development.
(b) Establishment.--
(1) In general.--
(A) Establishment.--Not later than 1 year after the date of
the enactment of this Act, the Director, in consultation with
the Director of the National Institute of Standards and
Technology, shall designate and oversee a National
Programmable Cloud Laboratories Network of not more than 6
nodes to support secure, standards-based, and cost-effective
remote experimentation and automated research.
(B) Awards.--The Director shall award a grant to each node,
in an amount not to exceed $5,000,000 per fiscal year for a
period of not more than 5 years, to support the Network.
(2) Assessment sequencing.--The assessment required under
section 304 shall be conducted only after the final
designation of nodes under paragraph (1).
(3) Nodes.--The Network shall consist of nodes that--
(A) enable programmable workflows and automated science;
(B) provide access to advanced scientific and manufacturing
instruments, including artificial intelligence-enabled tools;
(C) collaborate to establish and adopt common standards,
protocols, and best practices; and
(D) support interoperability across and between nodes.
(c) Application and Selection.--
(1) In general.--The Director shall issue a public
solicitation for eligible entities to apply for node
designation.
(2) Eligible entities.--Eligible entities that may apply
for designation as a node include--
(A) institutions of higher education;
(B) nonprofit research organizations;
(C) private-sector research entities; and
(D) consortia or collaborations of the entities described
in subparagraphs (A) through (C).
(d) Applications for Designation.--
(1) In general.--An eligible entity that desires to apply
for designation as a node in the Network shall submit an
application to the Director at such time and in such manner
as the Director may require.
(2) Matters to be included.--The application required under
paragraph (1) shall include--
(A) a technical and programmatic plan for laboratory
operations, automation capabilities, and data integration;
(B) a plan to achieve long-term self-sustainability,
including metrics, interim milestones, and a timeline for
reducing reliance on Federal funding; and
(C) evidence of non-Federal cost share, private capital, or
other third-party contributions demonstrating self-
sustainability potential.
(e) Evaluation of Applicants.--The Director shall ensure
that the process for selecting eligible entities for
designation in the Network is competitive, merit-based, and
transparent, through the evaluation of, with respect to each
entity--
(1) pre-existing laboratory infrastructure and suitability
for automated science;
(2) capacity to support distributed, cloud-enabled
programmable workflows for multiple users;
(3) likelihood of achieving long-term sustainability
without continued Federal funding;
(4) demonstrated ability to collaborate with other nodes,
academic partners, industry partners, or other Federal
research agencies (as defined in section 10002 of the
Research and Development, Competition, and Innovation Act (42
U.S.C. 18901));
(5) protocols for research security, cybersecurity, and
responsible access; and
(6) demonstration of user interest and research needs.
(f) Designation.--In designating nodes, the Director
shall--
(1) give preference to applicants demonstrating meaningful
third-party cost share and pre-existing infrastructure; and
(2) to the extent practicable, ensure that at least 1 node
demonstrates the capability to support cloud-enabled
biotechnology research, including automated experimentation
or quality control workflows.
(g) Responsibilities.--Each node selected by the Director
shall--
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(1) support the purposes described in subsection (a);
(2) facilitate collaboration among Network members to
expand and integrate automated science capabilities and best
practices;
(3) actively participate with the Director of National
Institute of Standards and Technology in developing network-
wide interoperability, data-sharing, cybersecurity, and
artificial intelligence-assisted experimentation standards;
(4) support secure sharing of experimental data, models,
and results across institutions of higher education
participating in the Network, if applicable;
(5) provide a secure digital infrastructure to enable
remote experimentation, artificial intelligence-assisted
analysis, and reproducible science;
(6) engage in public-private partnerships to streamline the
transfer of technology developed using Network
infrastructure;
(7) develop and maintain a financial sustainability plan to
reduce long-term reliance on Federal funds, including through
user fees, licensing, consortia membership, or other revenue-
generating models;
(8) establish performance metrics, including scientific
output, cost-effectiveness, academic engagement, private-
sector engagement, user satisfaction, and reproducibility of
results; and
(9) where practicable, leverage commercially available
hardware and software solutions to minimize cost and
accelerate deployment of automated science capabilities.
SEC. 204. INTERAGENCY COLLABORATION.
Not later than 180 days after all nodes of the Network are
designated, the Director of the National Institute of
Standards and Technology, in cooperation with the Director
and participating eligible entities (including institutions
of higher education), shall--
(1) develop and promulgate standards to ensure
interoperability across Network nodes, including laboratory
instrumentation, data infrastructure, communication
protocols, and experiment execution systems;
(2) establish protocols for secure, seamless, and
standardized data-sharing among all members of the Network
aligned with node-level cybersecurity and research security
protocols;
(3) define minimum technical requirements and operating
procedures to support remote experimentation, experiment
reproducibility, and artificial intelligence-assisted
workflows; and
(4) periodically update such standards in consultation with
private-sector partners and nodes of the Network to reflect
advancements in hardware, software, and automation
technology.
SEC. 205. ASSESSMENT OF NON-DESIGNATED LABORATORIES.
(a) Assessment Requirement.--Not later than 180 days after
the Director designates the final node of the Network under
section 203, the Director, in consultation with the Secretary
of Energy and the Director of the National Institute of
Standards and Technology, shall conduct and submit to the
appropriate committees of Congress, a comprehensive
assessment of non-designated laboratories.
(b) Scope.--The assessment under subsection (a) shall
identify, to the extent practicable--
(1) Federal laboratories, institutions of higher education,
nonprofit organizations, and private-sector laboratories that
possess or are developing programmable, automated, or
remotely accessible research infrastructure;
(2) the instrumentation, automation, and data capabilities
of such laboratories;
(3) cybersecurity and research security measures relevant
to interoperability;
(4) existing or potential pathways for such laboratories to
coordinate with Network nodes in areas such as data-sharing,
standards adoption, or pilot interoperability projects; and
(5) legal, contractual, or intellectual property
considerations that may affect participation in the Network.
(c) Confidentiality and Security.--
(1) In general.--In carrying out the assessment under
subsection (a), the Director shall ensure that proprietary
information is protected from public disclosure consistent
with applicable law.
(2) Publication of nonproprietary public summary.--The
Director shall publish a nonproprietary public summary of the
assessment under subsection (a) and may submit a proprietary
annex for that assessment to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of
Representatives.
SEC. 206. REPORTING AND OVERSIGHT.
(a) Annual Briefings.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the
Director shall brief the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives on the
status of the Network.
(b) Contents.--Each briefing required under subsection (a)
shall include an assessment of--
(1) the alignment of supported research with national
scientific and economic priorities;
(2) the progress each node of the Network has made toward
achieving self-sustainability as described in section
203(d)(2)(B); and
(3) the performance metrics established in section
203(g)(8).
SEC. 207. SUNSET.
The National Programmable Cloud Laboratories Network,
including all authorities, programs, and funding provided
under this title, shall terminate on September 30, 2031.
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