[117th Congress Public Law 167]
[From the U.S. Government Publishing Office]
[[Page 1365]]
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Public Law 117-167
117th Congress
An Act
Making appropriations for Legislative Branch for the fiscal year ending
September 30, 2022, and for other purposes. <<NOTE: Aug. 9,
2022 - [H.R. 4346]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. References.
DIVISION A--CHIPS ACT OF 2022
Sec. 101. Short title.
Sec. 102. Creating helpful incentives to produce semiconductors (CHIPS)
for America fund.
Sec. 103. Semiconductor incentives.
Sec. 104. Opportunity and inclusion.
Sec. 105. Additional GAO reporting requirements.
Sec. 106. Appropriations for wireless supply chain innovation.
Sec. 107. Advanced manufacturing investment credit.
DIVISION B--RESEARCH AND INNOVATION
Sec. 10000. Table of contents.
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Budgetary effects.
TITLE I--DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
Sec. 10101. Mission of the Office of Science.
Sec. 10102. Basic energy sciences program.
Sec. 10103. Biological and environmental research.
Sec. 10104. Advanced scientific computing research program.
Sec. 10105. Fusion energy research.
Sec. 10106. High energy physics program.
Sec. 10107. Nuclear physics program.
Sec. 10108. Science laboratories infrastructure program.
Sec. 10109. Accelerator research and development.
Sec. 10110. Isotope research, development, and production.
Sec. 10111. Increased collaboration with teachers and scientists.
Sec. 10112. High intensity laser research initiative; helium
conservation program; Office of Science emerging biological
threat preparedness research initiative; midscale
instrumentation and research equipment program; authorization
of appropriations.
Sec. 10113. Established program to stimulate competitive research.
Sec. 10114. Research security.
TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE
Sec. 10201. Definitions.
Subtitle A--Authorization of Appropriations
Sec. 10211. Authorization of appropriations.
[[Page 136 STAT. 1367]]
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.
[[Page 136 STAT. 1368]]
Sec. 10328. Research and dissemination to increase the participation of
women and underrepresented minorities in STEM fields.
Sec. 10329. Activities to expand STEM opportunities.
Sec. 10330. Intramural emerging research institutions pilot program.
Subtitle D--NSF Research Security
Sec. 10331. Office of Research Security and Policy.
Sec. 10332. Chief of Research Security.
Sec. 10333. Reporting to Congress.
Sec. 10334. Online resource.
Sec. 10335. Research awards.
Sec. 10336. Authorities.
Sec. 10337. Responsible conduct in research training.
Sec. 10338. Research security and integrity information sharing analysis
organization.
Sec. 10339. Plan with respect to controlled information and background
screening.
Sec. 10339A. Foundation funding to institutions hosting or supporting
Confucius Institutes.
Sec. 10339B. Foreign financial support.
Sec. 10339C. Authorization of appropriations.
Subtitle E--Fundamental Research
Sec. 10341. Broader impacts.
Sec. 10342. Sense of Congress.
Sec. 10343. Research ethics.
Sec. 10344. Research reproducibility and replicability.
Sec. 10345. Climate change research.
Sec. 10346. Social, behavioral, and economic sciences.
Sec. 10347. Measuring impacts of Federally funded research and
development.
Sec. 10348. Food-energy-water research.
Sec. 10349. Biological Field Stations and Marine Laboratories.
Sec. 10350. Sustainable chemistry research and education.
Sec. 10351. Risk and resilience research.
Sec. 10352. Unmanned aircraft systems technologies.
Sec. 10353. Accelerating unmanned maritime systems technologies.
Sec. 10354. Leveraging international expertise in research.
Sec. 10355. Biological research collections.
Sec. 10356. Clean water research and technology acceleration.
Sec. 10357. Technology and behavioral science research.
Sec. 10358. Manufacturing research amendment.
Sec. 10359. Critical minerals mining research and development.
Sec. 10360. Study of AI research capacity.
Sec. 10361. Advancing IoT for Precision Agriculture Capabilities Act.
Sec. 10362. Astronomy and satellite constellations.
Sec. 10363. Research on the impact of inflation.
Sec. 10364. Microgravity utilization policy.
Sec. 10365. Recognition of the Arecibo Observatory.
Subtitle F--Research Infrastructure
Sec. 10371. Facility operation and maintenance.
Sec. 10372. Reviews.
Sec. 10373. Helium conservation.
Sec. 10374. Advanced computing.
Sec. 10375. National secure data service.
Subtitle G--Directorate for Technology, Innovation, and Partnerships
Sec. 10381. Establishment.
Sec. 10382. Purposes.
Sec. 10383. Activities.
Sec. 10384. Requirements.
Sec. 10385. Assistant Director.
Sec. 10386. Advisory committee.
Sec. 10387. Challenges and focus areas.
Sec. 10388. Regional Innovation Engines.
Sec. 10389. Translation accelerator.
Sec. 10390. Test beds.
Sec. 10391. Planning and capacity building awards.
Sec. 10392. Entrepreneurial fellowships.
Sec. 10393. Scholarships and fellowships.
Sec. 10394. Research and development awards.
Sec. 10395. Scaling innovations in PreK-12 STEM education.
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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.
[[Page 136 STAT. 1370]]
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.
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Subtitle L--National Nuclear University Research Infrastructure
Reinvestment
Sec. 10741. Short title.
Sec. 10742. Purposes.
Sec. 10743. University infrastructure collaboration.
Sec. 10744. Advanced nuclear research infrastructure enhancement
subprogram.
Sec. 10745. Science education and human resources scholarships,
fellowships, and research and development projects.
Subtitle M--Steel Upgrading Partnerships and Emissions Reduction
Sec. 10751. Low-emissions steel manufacturing research program.
Subtitle N--Applied Laboratories Infrastructure Restoration and
Modernization
Sec. 10761. Applied laboratories infrastructure restoration and
modernization.
Subtitle O--Department of Energy Research, Development, and
Demonstration Activities
Sec. 10771. Department of Energy research, development, and
demonstration activities.
Subtitle P--Fission for the Future
Sec. 10781. Advanced nuclear technologies Federal research, development,
and demonstration program.
TITLE VII--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION
ACT
Sec. 10801. Short title.
Sec. 10802. Definitions.
Subtitle A--Exploration
Sec. 10811. Moon to Mars.
Sec. 10812. Space Launch System configurations.
Sec. 10813. Rocket engine test infrastructure.
Sec. 10814. Pearl River maintenance.
Sec. 10815. Extension and modification relating to International Space
Station.
Sec. 10816. Priorities for International Space Station.
Sec. 10817. Technical amendments relating to Artemis missions.
Subtitle B--Science
Sec. 10821. Science priorities.
Sec. 10822. Search for life.
Sec. 10823. Next generation of astrophysics great observatories.
Sec. 10824. Earth science missions and programs.
Sec. 10825. Planetary Defense Coordination Office.
Subtitle C--Aeronautics
Sec. 10831. Experimental aircraft projects.
Sec. 10832. Unmanned aircraft systems.
Sec. 10833. Cleaner, quieter airplanes.
Subtitle D--Space Technology
Sec. 10841. Space nuclear capabilities.
Sec. 10842. Prioritization of low-enriched uranium technology.
Subtitle E--STEM Engagement
Sec. 10851. Office of STEM Engagement.
Subtitle F--Miscellaneous
Sec. 10861. Program, workforce, and industrial base reviews.
Sec. 10862. Modification of lease of non-excess property.
DIVISION C--SUPPLEMENTAL APPROPRIATIONS TO ADDRESS THREATS TO THE
SUPREME COURT OF THE UNITED STATES
SEC. 2. <<NOTE: 15 USC 4652 note.>> 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.
[[Page 136 STAT. 1372]]
DIVISION <<NOTE: CHIPS Act of 2022.>> A--CHIPS ACT OF 2022
SEC. 101. <<NOTE: 15 USC 4651 note.>> 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). <<NOTE: Transfer
authority.>> 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.
[[Page 136 STAT. 1373]]
(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) <<NOTE: Transfer authority.>> 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) <<NOTE: President.>> 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) <<NOTE: Time period. Deadline.>> 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
[[Page 136 STAT. 1374]]
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)). <<NOTE: Transfer authority.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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.
[[Page 136 STAT. 1375]]
(B) Alternate allocation.--
(i) In general.--The Committees on
Appropriations of the House of Representatives and
the Senate may provide for alternate allocation of
amounts made available under subsection (b)(2),
including by account, program element, and
project.
(ii) Allocation by president.--
(I) No alternate allocations.--If
Congress has not enacted legislation
establishing alternate allocations,
including by account, program element,
and project, by the date on which the
Act making full-year appropriations for
the Department of Defense for the
applicable fiscal year is enacted into
law, only then shall amounts made
available under subsection (b)(2) be
allocated by the President or
apportioned or allotted by account,
program element, and project pursuant to
title 31, United States Code.
(II) Insufficient alternate
allocation.--If Congress enacts
legislation establishing alternate
allocations, including by account,
program element, and project, for
amounts made available under subsection
(b)(2) that are less than the full
amount appropriated under that
subsection, the difference between the
amount appropriated and the alternate
allocation shall be allocated by the
President and apportioned and allotted
by account, program element, and project
pursuant to title 31, United States
Code.
(c) CHIPS for America International Technology Security and
Innovation Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Creating Helpful
Incentives to Produce Semiconductors (CHIPS) for America
International Technology Security and Innovation Fund''
(referred to in this subsection as the ``Fund'') to provide for
international information and communications technology security
and semiconductor supply chain activities, including to support
the development and adoption of secure and trusted
telecommunications technologies, secure semiconductors, secure
semiconductors supply chains, and other emerging technologies
and to carry out sections 9905 and 9202(a)(2) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (15 U.S.C. 4655 and 47 U.S.C. 906(a)(2)), as
appropriate. <<NOTE: Transfer authority.>> 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) <<NOTE: Time periods.>> 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--
[[Page 136 STAT. 1376]]
(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) <<NOTE: Transfer authority.>> 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) <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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,
[[Page 136 STAT. 1377]]
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) <<NOTE: Time period.>> 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) <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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.
[[Page 136 STAT. 1378]]
(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) <<NOTE: Determination.>> 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
[[Page 136 STAT. 1379]]
(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) <<NOTE: Definition.>> Covered fund.--In this
subsection, the term ``covered fund'' means--
(A) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Fund;
(B) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund;
(C) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America International
Technology Security and Innovation Fund; and
(D) the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Workforce and
Education Fund.
SEC. 103. SEMICONDUCTOR INCENTIVES.
(a) Definitions.--Section 9901 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651)
is amended--
(1) in paragraph (2)--
(A) by striking ``a private entity, a consortium of
private entities, or a consortium of public and private
entities'' and inserting ``a nonprofit entity, a private
entity, a consortium of private entities, or a
consortium of nonprofit, public, and private entities'';
(B) by inserting ``production,'' before ``or
research and development''; and
(C) by striking ``of semiconductors.'' and inserting
``of semiconductors, materials used to manufacture
semiconductors, or semiconductor manufacturing
equipment.'';
(2) by redesignating paragraphs (5), (6), (7), (8), and (9)
as paragraphs (6), (8), (9), (12), and (13), respectively;
(3) by inserting after paragraph (4), the following:
``(5) The term `critical manufacturing industry'--
``(A) means an industry, industry group, or a set of
related industries or related industry groups--
``(i) assigned a North American Industry
Classification System code beginning with 31, 32,
or 33; and
``(ii) for which the applicable industry group
or groups in the North American Industry
Classification System code cumulatively--
``(I) manufacture primary products
and parts, the sum of which account for
not less than 5 percent of the
manufacturing value added by industry
gross domestic product of the United
States; and
``(II) employ individuals for
primary products and parts manufacturing
activities that, combined, account for
not less than 5 percent of manufacturing
employment in the United States; and
``(B) may include any other manufacturing industry
designated by the Secretary based on the relevance of
[[Page 136 STAT. 1380]]
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) <<NOTE: Consultation. Determination.>> 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--
[[Page 136 STAT. 1381]]
``(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'';
[[Page 136 STAT. 1382]]
(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) <<NOTE: Determinations. Consultations.>> 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) <<NOTE: Deadline. Time periods. Public
comment. Notice.>> 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'--
[[Page 136 STAT. 1383]]
``(i) <<NOTE: Consultation.>> 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) <<NOTE: Time period. China.>> In
general.--On or before the date on which the
Secretary awards Federal financial assistance to a
covered entity under this section, the covered
entity shall enter into an agreement with the
Secretary specifying that, during the 10-year
period beginning on the date of the award, subject
to clause (ii), the covered entity may not engage
in any significant transaction, as defined in the
agreement, involving the material expansion of
semiconductor manufacturing capacity in the
People's Republic of China or any other foreign
country of concern.
``(ii) Exceptions.--The prohibition in the
agreement required under clause (i) shall not
apply to--
``(I) existing facilities or
equipment of a covered entity for
manufacturing legacy semiconductors; or
``(II) significant transactions
involving the material expansion of
semiconductor manufacturing capacity
that--
``(aa) produces legacy
semiconductors; and
``(bb) predominately serves
the market of a foreign country
of concern.
``(iii) Affiliated group.--For the purpose of
applying the requirements in an agreement required
under clause (i), a covered entity shall include
the covered entity receiving financial assistance
under this section, as well as any member of the
covered entity's affiliated group under section
1504(a) of the Internal Revenue Code of 1986,
without regard to section 1504(b)(3) of such Code.
``(D) <<NOTE: China.>> 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) <<NOTE: Deadline. Consultation.>>
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) <<NOTE: Determination.>>
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
[[Page 136 STAT. 1384]]
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) <<NOTE: Time period.>>
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) <<NOTE: Consultation. Determination.>>
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) <<NOTE: Waiver authority.>>
waive the recovery requirement under
clause (iii).
``(F) Submission of records.--
``(i) <<NOTE: Review. Compliance.>> 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) <<NOTE: Deadline.>> Congressional
notification.--Not later than 60 days after the date on
which the Secretary finds a violation
[[Page 136 STAT. 1385]]
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) <<NOTE: Summary.>> 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).
[[Page 136 STAT. 1386]]
``(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) <<NOTE: Applicability.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Evaluations.>> 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
[[Page 136 STAT. 1387]]
``(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) <<NOTE: Time period.>> shall have a term of
not more than 25 years.
``(5) Additional terms.--A loan or guarantee provided under
this subsection may include any other terms and conditions that
the Secretary determines to be appropriate.
``(6) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Audit. Assessments.>> 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;
[[Page 136 STAT. 1388]]
``(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)--
[[Page 136 STAT. 1389]]
(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) <<NOTE: Applicability.>> 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. <<NOTE: 15 USC 4659.>> ADDITIONAL AUTHORITIES.
``(a) In General.--In carrying out the responsibilities of the
Department of Commerce under this division, the Secretary may--
``(1) <<NOTE: Contracts. Grants.>> 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) <<NOTE: Payments.>> make advance payments under
agreements and other transactions authorized under paragraph (1)
without regard to section 3324 of title 31, United States Code;
``(3) <<NOTE: Requirement.>> 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) <<NOTE: Contracts.>> procure temporary and
intermittent services of experts and consultants in accordance
with section 3109 of title 5, United States Code;
``(5) <<NOTE: Determinations. Appointments.>>
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) <<NOTE: Contracts.>> 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
[[Page 136 STAT. 1390]]
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 <<NOTE: 134 Stat. 4843.>> by adding after the item relating to
section 9908 the following:
``9909. Additional authorities.''.
SEC. 104. <<NOTE: 15 USC 4652 note. Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> 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.
[[Page 136 STAT. 1391]]
(e) <<NOTE: Effective date. Public information. Web posting.>>
Report.--Beginning on the date that is 1 year after the date on which
the Secretary of Commerce establishes the activities described in
subsection (c), the Secretary of Commerce shall submit to the
appropriate committees of Congress, as defined in section 9901(1) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4651), and make publicly available on the
website of the Department of Commerce an annual report regarding the
actions taken by the Department of Commerce under this section.
SEC. 105. ADDITIONAL GAO REPORTING REQUIREMENTS.
(a) NDAA.--Section 9902(c) of William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652(c)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``; and'' and
inserting a semicolon; and
(ii) by adding at the end the following:
``(iii) the Federal Government could take
specific actions to address shortages in the
semiconductor supply chain, including--
``(I) demand-side incentives,
including incentives related to the
information and communications
technology supply chain; and
``(II) additional incentives, at
national and global scales, to
accelerate utilization of leading-edge
semiconductor nodes to address shortages
in mature semiconductor nodes; and'';
and
(B) in subparagraph (C)--
(i) in clause (iii), by striking ``; and'' and
inserting a semicolon; and
(ii) by inserting after clause (iv) the
following:
``(v) how projects are supporting the
semiconductor needs of critical infrastructure
industries in the United States, including those
industries designated by the Cybersecurity and
Infrastructure Security Agency as essential
infrastructure industries; and''; and
(2) by inserting after paragraph (1)(C)(iv) the following:
``(D) drawing on data made available by the
Department of Labor or other sources, to the extent
practicable, an analysis of--
``(i) semiconductor industry data regarding
businesses that are--
``(I) majority owned and controlled
by minority individuals;
``(II) majority owned and controlled
by women; or
``(III) majority owned and
controlled by both women and minority
individuals;
``(ii) the number and amount of contracts and
subcontracts awarded by each covered entity using
funds made available under subsection (a)
disaggregated by recipients of each such contract
or subcontracts that are majority owned and
controlled by minority individuals and majority
owned and controlled by women; and
[[Page 136 STAT. 1392]]
``(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) <<NOTE: Transfer authority.>> 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) <<NOTE: President. Time periods.>> 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) <<NOTE: Deadline.>> 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
[[Page 136 STAT. 1393]]
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. <<NOTE: 26 USC 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.--
[[Page 136 STAT. 1394]]
``(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) <<NOTE: Definitions.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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
[[Page 136 STAT. 1395]]
imposed by subtitle A (for the taxable year with respect to
which such credit was determined) equal to the amount of such
credit.
``(2) Special rules.--For purposes of this subsection--
``(A) Application to partnerships and s
corporations.--
``(i) In general.--In the case of the credit
determined under subsection (a) with respect to
any property held directly by a partnership or S
corporation, any election under paragraph (1)
shall be made by such partnership or S
corporation. If such partnership or S corporation
makes an election under such paragraph (in such
manner as the Secretary may provide) with respect
to such credit--
``(I) <<NOTE: Payment.>> the
Secretary shall make a payment to such
partnership or S corporation equal to
the amount of such credit,
``(II) <<NOTE: Applicability.>>
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) <<NOTE: Deadline. Time period.>> 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 <<NOTE: Applicability.>> 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.
[[Page 136 STAT. 1396]]
``(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) <<NOTE: Applicability.>> 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
[[Page 136 STAT. 1397]]
``(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 <<NOTE: 26 USC 50.>> is amended redesignating
paragraphs (3) through (5) as paragraphs (4) through (6),
respectively, and by inserting after paragraph (2) the following
new paragraph:
``(3) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Requirements. Records.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Determination. Coordination. China.>>
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
[[Page 136 STAT. 1398]]
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 <<NOTE: 26 USC 46.>> is amended to read as follows:
``(6) the advanced manufacturing investment credit.''.
(2) Section 49(a)(1)(C) of such Code is amended--
(A) by striking ``and'' at the end of clause (iv),
(B) by striking the period at the end of clause (v)
and inserting ``, and'', and
(C) by adding at the end the following new clause:
``(vi) the basis of any qualified property (as
defined in subsection (b)(2) of section 48D) which
is part of
[[Page 136 STAT. 1399]]
an advanced manufacturing facility (as defined in
subsection (b)(3) of such section).''.
(3) Section 50(a)(2)(E) of such Code <<NOTE: 26 USC 50.>>
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 <<NOTE: 26 USC 46
prec.>> 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) <<NOTE: Applicability. 2 USC 905 note.>> 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 <<NOTE: Research and Development, Competition, and Innovation
Act.>> 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.
[[Page 136 STAT. 1400]]
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.
[[Page 136 STAT. 1401]]
Sec. 10302. Definitions.
Sec. 10303. Authorization of appropriations.
Subtitle B--STEM Education
Sec. 10311. PreK-12 STEM education.
Sec. 10312. Undergraduate STEM education.
Sec. 10313. Graduate STEM education.
Sec. 10314. STEM workforce data.
Sec. 10315. Cyber workforce development research and development.
Sec. 10316. Federal cyber scholarship-for-service program.
Sec. 10317. Cybersecurity workforce data initiative.
Sec. 10318. Microelectronics workforce development activities.
Sec. 10319. Incorporation of art and design into certain STEM education.
Sec. 10320. Mandatory cost-sharing.
Sec. 10321. Programs to address the STEM workforce.
Subtitle C--Broadening Participation
Sec. 10321. Presidential awards for excellence in mathematics and
science.
Sec. 10322. Robert Noyce Teacher Scholarship program update.
Sec. 10323. NSF Eddie Bernice Johnson INCLUDES Initiative.
Sec. 10324. Broadening participation on major facilities awards.
Sec. 10325. Expanding geographic and institutional diversity in
research.
Sec. 10326. Diversity in tech research.
Sec. 10327. Chief Diversity Officer of the NSF.
Sec. 10328. Research and dissemination to increase the participation of
women and underrepresented minorities in STEM fields.
Sec. 10329. Activities to expand STEM opportunities.
Sec. 10330. Intramural emerging research institutions pilot program.
Subtitle D--NSF Research Security
Sec. 10331. Office of Research Security and Policy.
Sec. 10332. Chief of Research Security.
Sec. 10333. Reporting to Congress.
Sec. 10334. Online resource.
Sec. 10335. Research awards.
Sec. 10336. Authorities.
Sec. 10337. Responsible conduct in research training.
Sec. 10338. Research security and integrity information sharing analysis
organization.
Sec. 10339. Plan with respect to controlled information and background
screening.
Sec. 10339A. Foundation funding to institutions hosting or supporting
Confucius Institutes.
Sec. 10339B. Foreign financial support.
Sec. 10339C. Authorization of appropriations.
Subtitle E--Fundamental Research
Sec. 10341. Broader impacts.
Sec. 10342. Sense of Congress.
Sec. 10343. Research ethics.
Sec. 10344. Research reproducibility and replicability.
Sec. 10345. Climate change research.
Sec. 10346. Social, behavioral, and economic sciences.
Sec. 10347. Measuring impacts of Federally funded research and
development.
Sec. 10348. Food-energy-water research.
Sec. 10349. Biological Field Stations and Marine Laboratories.
Sec. 10350. Sustainable chemistry research and education.
Sec. 10351. Risk and resilience research.
Sec. 10352. Unmanned aircraft systems technologies.
Sec. 10353. Accelerating unmanned maritime systems technologies.
Sec. 10354. Leveraging international expertise in research.
Sec. 10355. Biological research collections.
Sec. 10356. Clean water research and technology acceleration.
Sec. 10357. Technology and behavioral science research.
Sec. 10358. Manufacturing research amendment.
Sec. 10359. Critical minerals mining research and development.
Sec. 10360. Study of AI research capacity.
Sec. 10361. Advancing IoT for Precision Agriculture Capabilities Act.
Sec. 10362. Astronomy and satellite constellations.
Sec. 10363. Research on the impact of inflation.
Sec. 10364. Microgravity utilization policy.
Sec. 10365. Recognition of the Arecibo Observatory.
[[Page 136 STAT. 1402]]
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.
[[Page 136 STAT. 1403]]
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.
[[Page 136 STAT. 1404]]
PART 1--National Clean Energy Technology Transfer Programs
Sec. 10713. National clean energy incubator program.
Sec. 10714. Clean energy technology university prize competition.
Sec. 10715. Clean energy technology transfer coordination.
PART 2--Supporting Technology Development at the National Laboratories
Sec. 10716. Lab partnering service pilot program.
Sec. 10717. Lab-embedded entrepreneurship program.
Sec. 10718. Small business voucher program.
Sec. 10719. Entrepreneurial leave program.
Sec. 10720. National Laboratory non-Federal employee outside employment
authority.
PART 3--Department of Energy Modernization
Sec. 10722. Office of Technology Transitions.
Sec. 10723. Management of Department of Energy demonstration projects.
Sec. 10724. Streamlining prize competitions.
Sec. 10725. Cost-share waiver extension.
Sec. 10726. Special hiring authority for scientific, engineering, and
project management personnel.
Sec. 10727. Technology transfer reports and evaluation.
Subtitle K--Micro Act
Sec. 10731. Microelectronics research for energy innovation.
Subtitle L--National Nuclear University Research Infrastructure
Reinvestment
Sec. 10741. Short title.
Sec. 10742. Purposes.
Sec. 10743. University infrastructure collaboration.
Sec. 10744. Advanced nuclear research infrastructure enhancement
subprogram.
Sec. 10745. Science education and human resources scholarships,
fellowships, and research and development projects.
Subtitle M--Steel Upgrading Partnerships and Emissions Reduction
Sec. 10751. Low-emissions steel manufacturing research program.
Subtitle N--Applied Laboratories Infrastructure Restoration and
Modernization
Sec. 10761. Applied laboratories infrastructure restoration and
modernization.
Subtitle O--Department of Energy Research, Development, and
Demonstration Activities
Sec. 10771. Department of Energy research, development, and
demonstration activities.
Subtitle P--Fission for the Future
Sec. 10781. Advanced nuclear technologies Federal research, development,
and demonstration program.
TITLE VII--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION
ACT
Sec. 10801. Short title.
Sec. 10802. Definitions.
Subtitle A--Exploration
Sec. 10811. Moon to Mars.
Sec. 10812. Space Launch System configurations.
Sec. 10813. Rocket engine test infrastructure.
Sec. 10814. Pearl River maintenance.
Sec. 10815. Extension and modification relating to International Space
Station.
Sec. 10816. Priorities for International Space Station.
Sec. 10817. Technical amendments relating to Artemis missions.
Subtitle B--Science
Sec. 10821. Science priorities.
Sec. 10822. Search for life.
Sec. 10823. Next generation of astrophysics great observatories.
Sec. 10824. Earth science missions and programs.
Sec. 10825. Planetary Defense Coordination Office.
[[Page 136 STAT. 1405]]
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. <<NOTE: 42 USC 18901 note.>> SHORT TITLE.
This division may be cited as the ``Research and Development,
Competition, and Innovation Act''.
SEC. 10002. <<NOTE: 42 USC 18901.>> 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).
[[Page 136 STAT. 1406]]
(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
[[Page 136 STAT. 1407]]
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
[[Page 136 STAT. 1408]]
joint explanatory statement of the committee of conference accompanying
Conference Report 105-217 and section 250(c)(8) of the Balanced Budget
and Emergency Deficit Control Act of 1985, the budgetary effects of this
division shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
TITLE I--DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
SEC. 10101. MISSION OF THE OFFICE OF SCIENCE.
Section 209 of the Department of Energy Organization Act (42 U.S.C.
7139) is amended by adding at the end the following:
``(d) User Facilities.--The Director shall carry out the
construction, operation, and maintenance of user facilities to support
the mission described in subsection (c). As practicable, these
facilities shall serve the needs of the Department, industry, the
academic community, and other relevant entities for the purposes of
advancing the missions of the Department, improving the competitiveness
of the United States, protecting public health and safety, and
addressing other national priorities including emergencies.
``(e) Coordination.--
``(1) In general.--The Secretary--
``(A) shall ensure the coordination of the Office of
Science with the other activities of the Department,
including the transfer of knowledge, capabilities, and
relevant technologies from basic research programs of
the Department to applied research and development
programs of the Department for the purpose of enabling
development of mission-relevant technologies;
``(B) shall support joint activities among the
programs of the Department;
``(C) shall coordinate with other relevant Federal
agencies operating under existing authorizations
relating to subjects relating to the mission described
in subsection (c) in supporting advancements in related
research areas as appropriate; and
``(D) may form partnerships to enhance the
utilization of and ensure access to user facilities by
other Federal agencies.
``(2) Office of science.--The Director--
``(A) shall ensure the coordination of programs and
activities carried out by the Office of Science; and
``(B) shall direct all programs which have not
recently completed a future planning roadmap consistent
with the funding of such programs authorized under the
Research and Development, Competition, and Innovation
Act to complete such a roadmap.''.
[[Page 136 STAT. 1409]]
SEC. 10102. <<NOTE: 42 USC 18911.>> 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) <<NOTE: 42 USC 16313, 16315, 18641.>> 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) <<NOTE: Deadlines. Time periods.>> 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.
[[Page 136 STAT. 1410]]
``(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
[[Page 136 STAT. 1411]]
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.
[[Page 136 STAT. 1412]]
``(C) Start of operations.--The Secretary shall,
subject to the availability of appropriations, ensure
that the start of full operations of the upgrade under
this paragraph occurs before December 31, 2026.
``(D) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
upgrade under this paragraph--
``(i) $100,000,000 for fiscal year 2023;
``(ii) $130,000,000 for fiscal year 2024;
``(iii) $135,000,000 for fiscal year 2025; and
``(iv) $99,343,000 for fiscal year 2026.
``(9) Cryomodule repair and maintenance facility.--
``(A) In general.--The Secretary shall provide for
the construction of a cryomodule repair and maintenance
facility to service the Linac Coherent Light Source II
and subsequent upgrades.
``(B) Consultation required.--The Secretary shall
consult with the private sector, institutions of higher
education, National Laboratories, and relevant Federal
agencies to ensure that the facility described in
subparagraph (A) has the capability to maintain, repair,
and test superconducting radio frequency accelerator
components.
``(C) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
activities under this paragraph--
``(i) $29,300,000 for fiscal year 2023;
``(ii) $24,000,000 for fiscal year 2024;
``(iii) $20,000,000 for fiscal year 2025; and
``(iv) $15,700,000 for fiscal year 2026.
``(10) Nanoscale science research center recapitalization
project.--
``(A) In general.--The Secretary shall provide for
the recapitalization of the Nanoscale Science Research
Centers, to include the upgrade of equipment at each
Center supported by the Office of Science on the date of
enactment of the Research and Development, Competition,
and Innovation Act, to accelerate advances in the
various fields of science including nanoscience,
materials, chemistry, biology, and quantum information
science.
``(B) Funding.--Out of funds authorized to be
appropriated under subsection (j), there are authorized
to be appropriated to the Secretary to carry out the
recapitalization under this paragraph--
``(i) $25,000,000 for fiscal year 2023; and
``(ii) $25,000,000 for fiscal year 2024.
``(11) National synchrotron light source ii beamline
buildout.--
``(A) In general.--The Secretary shall provide for
the development and construction of experimental
stations to provide significant additional beamline and
instrument capacity, complement the existing portfolio
of beamlines, and complete the buildout of the National
Synchrotron Light Source II.
``(B) Start of operations.--Subject to the
availability of appropriations, the Secretary--
[[Page 136 STAT. 1413]]
``(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.
[[Page 136 STAT. 1414]]
``(D) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Time period.>> 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:
[[Page 136 STAT. 1415]]
``(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) <<NOTE: Time period.>> 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)--
[[Page 136 STAT. 1416]]
(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) <<NOTE: Determination.>> any other area
of research, as determined by the Director of the
Office of Science; and
(B) <<NOTE: Consultation.>> 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) <<NOTE: Time period.>> Funding.--Of the funds
authorized to be appropriated for basic energy sciences in a
fiscal year, there is authorized to be appropriated to the
Secretary of Energy to carry out activities under this
subsection $50,000,000 for each of fiscal years 2023 through
2027.
(e) Carbon Materials Science Initiative.--
(1) Initiative.--
(A) In general.--The Director of the Office of
Science (referred to in this subsection as the
``Director'') shall establish a research initiative, to
be known as the ``Carbon Materials Science Initiative''
(referred to in this subsection as the ``Initiative''),
to expand the fundamental knowledge of coal, coal-
wastes, and carbon ore chemistry useful for
understanding the conversion of carbon to material
products.
(B) Coordination.--In carrying out programs and
activities under the Initiative, the Director shall
leverage expertise and resources from the Office of
Fossil Energy and Carbon Management and the United
States Geological Survey.
(C) Teams.--
(i) In general.--In carrying out the
Initiative, the Director shall establish and
organize activities among multidisciplinary teams
to leverage, to the maximum extent practicable,
expertise from the National Laboratories,
institutions of higher education, and the private
sector.
(ii) Goals.--The multidisciplinary teams
described in clause (i) shall pursue expedient,
milestone-driven research goals established by the
Director.
(2) Research program.--
[[Page 136 STAT. 1417]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Evaluation.>> 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;
[[Page 136 STAT. 1418]]
(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) <<NOTE: Time period.>> 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.
[[Page 136 STAT. 1419]]
(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) <<NOTE: Evaluation.>> 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.--
[[Page 136 STAT. 1420]]
(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) <<NOTE: Time period.>> Funding for Carbon Initiatives.--Of the
funds authorized to be appropriated for basic energy sciences in a
fiscal year, there is authorized to be appropriated to the Secretary to
carry out activities under subsections (e) and (f) $50,000,000 for each
of fiscal years 2023 through 2027.
SEC. 10103. BIOLOGICAL AND ENVIRONMENTAL RESEARCH.
(a) Program; Biological Systems; Biomolecular Characterization and
Imaging Science.--Section 306 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18644) is amended--
(1) in subsection (c), by redesignating paragraphs (6)
through (8) as paragraphs (5) through (7), respectively;
(2) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively;
(3) by striking subsection (a) and inserting the following:
``(a) Program.--As part of the duties of the Director authorized
under section 209 of the Department of Energy Organization Act (42
U.S.C. 7139), and coordinated with the activities authorized under
sections 303 and 304, the Director shall carry out a program of research
and development in the areas of biological systems science and climate
and environmental science, including subsurface science, relevant to the
development of new energy technologies and to support the energy,
environmental, and national security missions of the Department.
``(b) Biological Systems.--The Director shall carry out research and
development activities in genomic science including fundamental research
on plants and microbes to increase systems-level understanding of the
complex biological systems, which may include activities--
``(1) to provide a fundamental understanding of the biology
of plants, fungi, and microbes as a basis for developing
innovative processes for bioenergy and bioproducts and
accelerate breakthroughs and new knowledge that would enable the
cost-effective, sustainable production of--
[[Page 136 STAT. 1421]]
``(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;
[[Page 136 STAT. 1422]]
``(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) <<NOTE: Consultation.>> 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.
[[Page 136 STAT. 1423]]
``(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) <<NOTE: Coordination.>> 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.--
[[Page 136 STAT. 1424]]
``(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) <<NOTE: Consultation.>> 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) <<NOTE: Coordination.>> coordinate
with the National Oceanic and Atmospheric
Administration, the National Science Foundation,
the Environmental Protection Agency, the National
Aeronautics and Space Administration, the
Department of Agriculture, the Department of the
Interior, and any other relevant agency.
``(C) Coordination.--
``(i) Director.--The Director shall carry out
activities under this paragraph in accordance with
priorities established by the Secretary to support
and accelerate the decontamination of relevant
facilities managed by the Department.
``(ii) Secretary.--The Secretary shall ensure
the coordination of activities of the Department,
including activities under this paragraph, to
support and accelerate the decontamination of
relevant facilities managed by the Department.
``(4) <<NOTE: Coordination.>> 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--
[[Page 136 STAT. 1425]]
``(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Coordination.>> 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
[[Page 136 STAT. 1426]]
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
[[Page 136 STAT. 1427]]
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.--
[[Page 136 STAT. 1428]]
``(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) <<NOTE: Deadline.>> Start of operations.--
Subject to the availability of appropriations, the
Secretary shall begin carrying out subparagraph (A) not
later than September 29, 2027.
``(E) Funding.--Of the funds authorized to be
appropriated under subsection (k) for a fiscal year,
there are authorized to be appropriated to the Secretary
to carry out this paragraph--
``(i) $550,000 for fiscal year 2023;
``(ii) $29,000,000 for fiscal year 2024;
``(iii) $32,000,000 for fiscal year 2025;
``(iv) $30,500,000 for fiscal year 2026; and
``(v) $27,500,000 for fiscal year 2027.
``(7) User facilities integration and collaboration
program.--
``(A) In general.--The Director shall support a
program of collaboration between user facilities to
encourage and enable researchers to more readily
integrate the tools, expertise, resources, and
capabilities of multiple Office of Science user
facilities (as described in subsection (d) of section
209 of the Department of Energy Organization Act (42
U.S.C. 7139)) to further research and advance emerging
technologies.
``(B) <<NOTE: Determination.>> 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
[[Page 136 STAT. 1429]]
``(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) <<NOTE: Contracts.>> 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.
[[Page 136 STAT. 1430]]
``(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) <<NOTE: Time periods.>> 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
[[Page 136 STAT. 1431]]
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) <<NOTE: Time periods.>> 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
[[Page 136 STAT. 1432]]
``(iii) utilizing multiscale modeling to
advance predictive understanding of advanced
biofuel cropping ecosystems.
``(B) Research activities to further feedstock
development, including lignocellulosic, algal, gaseous
wastes including carbon oxides and methane, and direct
air capture of single carbon gases via plants and
microbes, including--
``(i) developing genetic and genomic tools,
high-throughput analytical tools, and biosystems
design approaches to enhance bioenergy feedstocks
and their associated microbiomes;
``(ii) conducting field testing of new
potential bioenergy feedstock crops under
environmentally benign and geographically diverse
conditions to assess viability and robustness; and
``(iii) developing quantitative models
informed by experimentation to predict how
bioenergy feedstocks perform under diverse
conditions.
``(C) Research activities to improve lignocellulosic
deconstruction and separation methods, including--
``(i) developing feedstock-agnostic
deconstruction processes capable of efficiently
fractionating biomass into targeted output
streams;
``(ii) gaining a detailed understanding of
plant cell wall biosynthesis, composition,
structure, and properties during deconstruction;
and
``(iii) improving enzymes and approaches for
biomass breakdown and cellulose, hemicellulose,
and lignin processing.
``(D) Research activities to improve the feedstock
conversion process for advanced biofuels and
bioproducts, including--
``(i) developing high-throughput methods to
screen or select high-performance microbial
strains and communities to improve product
formation rates, yields, and selectivity;
``(ii) establishing a broad set of platform
microorganisms and microbial communities suitable
for metabolic engineering to produce advanced
biofuels and bioproducts and high-throughput
methods for experimental validation of gene
function;
``(iii) developing techniques to enhance
microbial robustness for tolerating toxins to
improve advanced biofuel and bioproduct yields and
to gain a better understanding of the cellular and
molecular bases of tolerance for major chemical
classes of inhibitors found in these processes;
``(iv) advancing technologies for the use of
batch, continuous, and consolidated bioprocessing;
``(v) identifying, creating, and optimizing
microbial and chemical pathways to produce
promising, atom-economical intermediates and final
bioproducts from biomass with considerations given
to environmentally benign processes;
``(vi) developing high-throughput, real-time,
in situ analytical techniques to understand and
characterize
[[Page 136 STAT. 1433]]
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) <<NOTE: Time period.>> 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) <<NOTE: 15 USC 5501 note, 5541, 5542; 42 USC 16316,
18642.>> by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(2) by inserting before subsection (b), as so redesignated,
the following:
``(a) <<NOTE: Coordination.>> 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
[[Page 136 STAT. 1434]]
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) <<NOTE: Determination.>> 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
[[Page 136 STAT. 1435]]
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) <<NOTE: Strategies.>> 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
[[Page 136 STAT. 1436]]
the potential for heterogeneous and reconfigurable computing
systems to deliver high performance, high efficiency computing
for Department mission challenges. The program shall include
research and development that explores the convergence of big
data analytics, simulations, and artificial intelligence to
drive the design of heterogeneous computing system
architectures.
``(2) Coordination.--In carrying out the program described
in paragraph (1), the Secretary shall ensure coordination
between research activities undertaken by the Advanced
Scientific Computing Research program and materials research
supported by the Basic Energy Sciences program within the Office
of Science.
``(h) Energy Efficient Computing Program.--
``(1) In general.--The Secretary shall support a program of
fundamental research, development, and demonstration of energy
efficient computing and data center technologies relevant to
advanced computing applications, including high-performance
computing, artificial intelligence, and scientific machine
learning.
``(2) Execution.--
``(A) Program.--In carrying out the program under
paragraph (1), the Secretary shall--
``(i) establish a partnership for National
Laboratories, industry partners, and institutions
of higher education for codesign of energy
efficient hardware, technology, software, and
applications across all applicable program offices
of the Department, and provide access to energy
efficient computing resources to such partners;
``(ii) develop hardware and software
technologies that decrease the energy needs of
advanced computing practices, including through
data center codesign;
``(iii) consider multiple heterogeneous
computing architectures in collaboration with the
program established under subsection (g),
including neuromorphic computing, persistent
computing, and ultrafast networking; and
``(iv) provide, as appropriate, on a
competitive, merit-reviewed basis, access for
researchers from institutions of higher education,
National Laboratories, industry, and other Federal
agencies to the energy efficient computing
technologies developed pursuant to clause (i).
``(B) Selection of partners.--In selecting
participants for the partnership established under
subparagraph (A)(i), the Secretary shall select
participants through a competitive, merit review
process.
``(C) Report.--Not later than 1 year after the date
of enactment of the Research and Development,
Competition, and Innovation Act, the Secretary shall
submit to the Committee on Science, Space, and
Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate
a report on--
``(i) the activities conducted under
subparagraph (A); and
[[Page 136 STAT. 1437]]
``(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) <<NOTE: Data.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Time periods.>> 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,
[[Page 136 STAT. 1438]]
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. <<NOTE: 15 USC 8853.>> 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) <<NOTE: Coordination.>> 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;
[[Page 136 STAT. 1439]]
``(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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Time period.>> Funding.--Of the funds authorized to
be appropriated for the Department of Energy's Office of Science, there
is authorized
[[Page 136 STAT. 1440]]
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. <<NOTE: 15 USC 8854.>> DEPARTMENT OF ENERGY QUANTUM
USER EXPANSION FOR SCIENCE AND TECHNOLOGY
PROGRAM.
``(a) In General.--The Secretary of Energy (referred to in this
section as the `Secretary') shall establish and carry out a program, to
be known as the `Quantum User Expansion for Science and Technology
program' or `QUEST program', to encourage and facilitate access to
United States quantum computing hardware and quantum computing clouds
for research purposes--
``(1) to enhance the United States quantum research
enterprise;
``(2) to educate the future quantum computing workforce;
``(3) to accelerate the advancement of United States quantum
computing capabilities; and
``(4) to advance the relevant domestic supply chains,
manufacturing processes, and associated simulations or modeling
capabilities.
``(b) Program.--In carrying out this section, the Secretary shall--
``(1) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Coordination.>> 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
[[Page 136 STAT. 1441]]
``(8) the National Quantum Information Science Research
Centers.
``(d) <<NOTE: Consultation.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Time period.>> 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)--
[[Page 136 STAT. 1442]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Time periods.>> 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
[[Page 136 STAT. 1443]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Coordination.>> 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.
[[Page 136 STAT. 1444]]
``(D) Existing activities.--The Center may
incorporate existing research activities that are
consistent with the program under paragraph (1).
``(E) Priorities.--
``(i) In general.--The Center shall prioritize
activities that utilize expertise and
infrastructure from a balance among the private
sector, institutions of higher education, and the
National Laboratories to enhance existing
computation tools and develop new computational
software and capabilities to accelerate the
commercial application of fusion energy systems.
``(ii) <<NOTE: Contracts.>> 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) <<NOTE: Time period.>> 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 <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time periods.>> 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
[[Page 136 STAT. 1445]]
publication approved by the Fusion Energy Sciences Advisory
Committee entitled `Powering the Future: Fusion and Plasmas'.
The Secretary shall consult <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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.
[[Page 136 STAT. 1446]]
18643) is amended by striking subsection (d) (as redesignated by
subsection (a)(1)) and inserting the following:
``(d) International Collaboration.--The Director shall--
``(1) <<NOTE: Coordination.>> 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.
[[Page 136 STAT. 1447]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Time periods.>> Funding.--Out of
funds authorized to be appropriated under subsection
(k), there are authorized to be appropriated to the
Secretary to carry out construction of the project
described in subparagraph (A)--
``(i) $180,000,000 for fiscal year 2023;
``(ii) $255,000,000 for fiscal year 2024;
``(iii) $305,000,000 for fiscal year 2025;
``(iv) $305,000,000 for fiscal year 2026; and
``(v) $305,000,000 for fiscal year 2027.
``(3) Proton improvement plan-ii accelerator upgrade
project.--
``(A) In general.--The Secretary shall support
construction of the Proton Improvement Plan II, an
upgrade to the Fermilab accelerator complex identified
in the 2014 Particle Physics Project Prioritization
Panel (P5) report entitled `Building for Discovery', to
provide the world's most intense beam of neutrinos to
the international Long Baseline Neutrino Facility and to
carry out a broad range of future high energy physics
experiments. The Secretary shall work with international
partners to enable further significant contributions to
the capabilities of that project.
``(B) Facility capabilities.--The Secretary shall
ensure that the facility described in subparagraph (A)
will provide, at a minimum, the following capabilities:
``(i) A state-of-the-art 800 megaelectron volt
superconducting linear accelerator.
``(ii) Proton beam power of 1.2 megawatts at
the start of LBNF/DUNE, upgradeable to 2.4
megawatts of beam power.
``(iii) A flexible design to enable high power
beam delivery to multiple users simultaneously and
customized beams tailored to specific scientific
needs.
``(iv) Sustained high reliability operation of
the Fermilab accelerator complex.
[[Page 136 STAT. 1448]]
``(C) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time periods.>> 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
[[Page 136 STAT. 1449]]
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 <<NOTE: Coordination.>> 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) <<NOTE: Grants.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: 42 USC 18646.>> 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-
[[Page 136 STAT. 1450]]
Ion Collider Science', in order to measure the internal
structure of the proton and the nucleus and answer fundamental
questions about the nature of visible matter.
``(2) Facility capability.--The Secretary shall ensure that
the facility described in paragraph (1) meets the requirements
in the 2015 Long Range Plan described in that paragraph,
including--
``(A) at least 70 percent polarized beams of
electrons and light ions;
``(B) ion beams from deuterium to the heaviest
stable nuclei;
``(C) variable center of mass energy from 20 to 140
GeV;
``(D) high collision luminosity of
10<SUP>33-34</SUP>cm<SUP>-2</SUP>s<SUP>-1</SUP>; and
``(E) the possibility of more than 1 interaction
region.
``(3) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time period. List.>> 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
[[Page 136 STAT. 1451]]
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. <<NOTE: 42 USC 18648.>> ACCELERATOR RESEARCH AND
DEVELOPMENT.
``(a) Program.--As part of the activities authorized under section
209 of the Department of Energy Organization Act (42 U.S.C. 7139), the
Director shall carry out a research program--
``(1) to advance accelerator science and technology relevant
to the Department, other Federal agencies, and United States
industry;
``(2) to foster partnerships to develop, demonstrate, and
enable the commercial application of accelerator technologies;
``(3) to support the development of a skilled, diverse, and
inclusive accelerator workforce; and
``(4) to provide access to accelerator design and
engineering resources.
``(b) Accelerator Research.--In carrying out the program authorized
under subsection (a), the Director shall support--
``(1) research activities in cross-cutting accelerator
technologies including superconducting magnets and accelerators,
beam physics, data analytics-based accelerator controls,
simulation software, new particle sources, advanced laser
technology, and transformative research; and
``(2) optimal operation of the Accelerator Test Facility.
``(c) Accelerator Development.--In carrying out the program
authorized under subsection (a), the Director shall support partnerships
to foster the development, demonstration, and commercial application of
accelerator technologies, including advanced superconducting wire and
cable, superconducting RF cavities, and high efficiency radiofrequency
power sources for accelerators.
``(d) Research Collaborations.--In developing accelerator
technologies under the program authorized under subsection (a), the
Director shall--
``(1) consider the requirements necessary to support
translational research and development for medical, industrial,
security, and defense applications; and
``(2) leverage investments in accelerator technologies and
fundamental research in particle physics by partnering with
institutions of higher education, industry, and other Federal
agencies to enable the commercial application of advanced
accelerator technologies.
``(e) <<NOTE: Time periods.>> 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;
[[Page 136 STAT. 1452]]
``(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. <<NOTE: 42 USC 18649.>> 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) <<NOTE: Coordination.>> carry out, in coordination
with other relevant programs across the Department, a program--
``(A) <<NOTE: Determination.>> 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),
[[Page 136 STAT. 1453]]
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) <<NOTE: Assessment. Consultation.>> 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) <<NOTE: Coordination. Assessment.>> 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) <<NOTE: Deadline. Establishment.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Assessments.>> 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--
[[Page 136 STAT. 1454]]
``(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) <<NOTE: Time periods.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Time period.>> 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.--
[[Page 136 STAT. 1455]]
``(A) <<NOTE: Deadline.>> 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) <<NOTE: 42 USC 18649 note.>> Radioisotope Processing
Facility.--
(1) In general.--The Secretary of Energy (referred to in
this subsection as ``the Secretary'') shall construct a
radioisotope processing facility to provide for the growing
radiochemical processing capability needs associated with the
production of critical radioactive isotopes authorized under
section 311 of the Department of Energy Research and Innovation
Act.
(2) Funding.--Out of funds authorized to be appropriated
under section 311(e) of the Department of Energy Research and
Innovation Act, there are authorized to be appropriated to the
Secretary to carry out this subsection--
(A) $30,500,000 for fiscal year 2023;
(B) $75,000,000 for fiscal year 2024;
(C) $105,000,000 for fiscal year 2025;
(D) $83,000,000 for fiscal year 2026; and
(E) $43,000,000 for fiscal year 2027.
(d) Stable Isotope Production and Research Center.--
(1) In general.--The Secretary of Energy (referred to in
this subsection as ``the Secretary'') shall establish a stable
isotope production and research center--
(A) to expand the ability of the United States to
perform multiple stable isotope production campaigns at
large-scale production, as authorized under section 311
of the Department of Energy Research and Innovation Act;
(B) to mitigate the dependence of the United States
on foreign-produced stable isotopes;
(C) to promote economic resilience; and
(D) to conduct research and development on stable
isotope production and associated methods and
technology.
(2) <<NOTE: Time periods.>> 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.
[[Page 136 STAT. 1456]]
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. <<NOTE: 42 USC 18650.>> 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. <<NOTE: 42 USC 7381c-2.>> 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) <<NOTE: Deadline. Public information.>> 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--
[[Page 136 STAT. 1457]]
``(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. <<NOTE: 42 USC 7381c-3.>> 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) <<NOTE: Deadline. Time period.>> 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
[[Page 136 STAT. 1458]]
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) <<NOTE: Time period. Summary.>> 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--
[[Page 136 STAT. 1459]]
``(A) a public institution of higher education,
including additional locations, at which the highest
awarded degree, or the predominantly awarded degree, is
an associate degree; or
``(B) any Tribal college or university.
``(2) Dislocated worker.--The term `dislocated worker' has
the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(3) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given the term in section
502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).
``(4) Historically black college or university.--The term
`Historically Black College or University' has the meaning given
the term `part B institution' in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
``(5) Institution in an eligible jurisdiction.--The term
`institution in an eligible jurisdiction' means an institution
of higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) that is located in an
eligible jurisdiction (as defined in section 2203(b)(3)(A) of
the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(A))).
``(6) Minority-serving institution.--The term `minority-
serving institution' includes the entities described in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
``(7) STEM.--The term `STEM' means the subjects listed in
section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621
note; Public Law 114-59).
``(8) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).''.
(2) Clerical amendment.--The table of contents in section
2(b) of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1497) is amended by striking
the items relating to sections 3167 and 3168 and inserting the
following:
``Sec. 3167. Partnerships with historically Black colleges and
universities, Hispanic-serving institutions, and tribal
colleges.
``Sec. 3167A. Broadening participation for teachers and scientists.
``Sec. 3167B. Expanding opportunities for highly skilled science,
technology, engineering, and mathematics (STEM)
professionals.
``Sec. 3168. Definitions.
``Sec. 3169. Authorization of appropriations.''.
SEC. 10112. HIGH INTENSITY LASER RESEARCH INITIATIVE; HELIUM
CONSERVATION PROGRAM; OFFICE OF
SCIENCE EMERGING BIOLOGICAL THREAT
PREPAREDNESS RESEARCH INITIATIVE;
MIDSCALE INSTRUMENTATION AND RESEARCH
EQUIPMENT PROGRAM; AUTHORIZATION OF
APPROPRIATIONS.
(a) In General.--The Department of Energy Research and Innovation
Act (42 U.S.C. 18601 et seq.) (as amended by section 10111(a)) is
amended by adding at the end the following:
``SEC. 313. <<NOTE: 42 USC 18651.>> 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
[[Page 136 STAT. 1460]]
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) <<NOTE: Time periods.>> 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. <<NOTE: 42 USC 18652.>> 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 <<NOTE: Grants.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Analysis.>> 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;
[[Page 136 STAT. 1461]]
``(4) expected or experienced impacts of helium supply
shortages or prices on the research projects and facilities
supported by the Department; and
``(5) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 18653.>> OFFICE OF SCIENCE BIOLOGICAL
THREAT PREPAREDNESS RESEARCH INITIATIVE.
``(a) <<NOTE: Establishment.>> 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) <<NOTE: Determination.>> 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,
[[Page 136 STAT. 1462]]
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) <<NOTE: Coordination. Establishment.>> In general.--
The Secretary, in coordination with the Director of the National
Science Foundation and the Director of the Office of Science and
Technology Policy, shall establish and operate an Emerging
Infectious Diseases High Performance Computing Research
Consortium (referred to in this section as the `Consortium'), to
support the initiative established under subsection (a) by
providing, to the extent practicable, a centralized entity for
multidisciplinary, collaborative, emerging infectious disease
and biosecurity research and development through high
performance computing and advanced data analytics technologies
and processes, in conjunction with the experimental research
facilities and studies supported by the Department.
``(2) Membership.--The members of the Consortium may include
representatives from relevant Federal agencies, the National
Laboratories, the private sector, and institutions of higher
education, which can each contribute relevant compute time,
capabilities, or other resources.
``(3) Activities.--The Consortium shall--
``(A) match applicants with available Federal and
private sector computing resources;
``(B) consider supplemental awards for computing
partnerships with Consortium members to qualifying
entities on a competitive merit-review basis;
[[Page 136 STAT. 1463]]
``(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) <<NOTE: Time period. Reports. Summary.>>
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) <<NOTE: Evaluations.>> 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. <<NOTE: 42 USC 18654.>> 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;
[[Page 136 STAT. 1464]]
``(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) <<NOTE: Time period.>> 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. <<NOTE: Time periods. 42 USC 18655.>> 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 <<NOTE: 132 Stat. 3130.>> 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:
[[Page 136 STAT. 1465]]
``(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) <<NOTE: Grants.>> 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) <<NOTE: Time periods.>>
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
[[Page 136 STAT. 1466]]
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) <<NOTE: Time periods.>>
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) <<NOTE: Time periods.>>
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 136 STAT. 1467]]
``(iii) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time periods.>> 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--
[[Page 136 STAT. 1468]]
``(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 <<NOTE: Time
period.>> 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) <<NOTE: 42 USC 7139 note.>> 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''.
[[Page 136 STAT. 1469]]
SEC. 10114. <<NOTE: 42 USC 18912.>> RESEARCH SECURITY.
(a) Definitions.--In this section:
(1) Country of risk.--
(A) <<NOTE: Determination.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Coordination.>> 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.--
[[Page 136 STAT. 1470]]
(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) <<NOTE: Assessments.>> assess, to the extent
practicable, ongoing high-risk activities;
(C) <<NOTE: Designation. Notifications.>> 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) <<NOTE: Determination.>> In general.--The
Secretary may waive the prohibition under paragraph (1)
if determined by the Secretary to be in the national
interest.
(B) <<NOTE: Time period.>> 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
[[Page 136 STAT. 1471]]
under paragraph (2), the Secretary shall terminate all
covered support to that entity of concern or individual,
as applicable.
(B) <<NOTE: Determination.>> Penalties.--An entity
of concern or individual identified under subparagraph
(A) shall be--
(i) <<NOTE: Time period.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Mitigation plan.>> 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. <<NOTE: 42 USC 18921.>> 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
[[Page 136 STAT. 1472]]
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
[[Page 136 STAT. 1473]]
(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
[[Page 136 STAT. 1474]]
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. <<NOTE: 42 USC 18931.>> ENGINEERING BIOLOGY AND
BIOMETROLOGY.
(a) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> 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;
[[Page 136 STAT. 1475]]
(2) support activities to inform and expand the development
of measurements infrastructure needed to develop technical
standards to establish interoperability and facilitate
commercial development of biomolecular measurement technology
and engineering biology applications;
(3) convene industry, institutions of higher education,
nonprofit organizations, Federal laboratories, and other Federal
agencies engaged in engineering biology research and development
to develop coordinated technical roadmaps for authoritative
measurement of the molecular components of the cell;
(4) provide access to user facilities with advanced or
unique equipment, services, materials, and other resources to
industry, institutions of higher education, nonprofit
organizations, and government agencies to perform research and
testing;
(5) establish or expand collaborative partnerships or
consortia with other Federal agencies engaged in engineering
biology research and development, institutions of higher
education, Federal laboratories, and industry to advance
engineering biology applications; and
(6) support graduate and postgraduate research and training
in biometrology, biomanufacturing, and engineering biology.
(b) Rule of Construction.--Nothing in this section may be construed
to alter the policies, processes, or practices of individual Federal
agencies in effect on the day before the date of the enactment of this
Act relating to the conduct or support of biomedical research and
advanced development, including the solicitation and review of
extramural research proposals.
(c) Controls.--In carrying out activities authorized by this
section, the Secretary shall ensure proper security controls are in
place to protect sensitive information, as appropriate.
SEC. 10222. <<NOTE: Coordination. 42 USC
18932. Consultation. Assessment.>>
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
[[Page 136 STAT. 1476]]
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) <<NOTE: Determination.>> 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) <<NOTE: Data.>> 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) <<NOTE: Standards.>> 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) <<NOTE: Establishment.>> 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) <<NOTE: Requirement.>> 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
[[Page 136 STAT. 1477]]
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;''.
[[Page 136 STAT. 1478]]
SEC. 10224. <<NOTE: 42 USC 18933.>> 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) <<NOTE: Data. Evaluations.>> 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) <<NOTE: Coordination.>> Software Supply Chain Security
Practices.--
(1) In general.--The Director shall, in coordination with
industry, academia, and other Federal agencies, as appropriate,
develop a set of security outcomes and practices, including
security controls, control enhancements, supplemental guidance,
or other supporting information to enable software developers
and operators to identify, assess, and manage cybersecurity
risks over the full lifecycle of software products.
(2) Outreach.--The Director shall conduct outreach and
coordination activities to share technical expertise with
Federal agencies, relevant industry stakeholders, and standards
development organizations, as appropriate, to encourage the
voluntary adoption of the software lifecycle security practices
by Federal agencies and industry stakeholders.
SEC. 10225. DIGITAL IDENTITY MANAGEMENT RESEARCH.
Section 504 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7464) is amended to read as follows:
``SEC. 504. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.
``(a) <<NOTE: Standards. Criteria.>> 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
[[Page 136 STAT. 1479]]
``(4) improve the accuracy, usability, and inclusivity of
identity management systems.
``(b) <<NOTE: Consultation.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Determination.>> experts with
relevant experience in the systems that enable digital
identity verification, as determined by the Director.''.
SEC. 10226. <<NOTE: 42 USC 18934.>> BIOMETRICS RESEARCH AND
TESTING.
(a) <<NOTE: Assessment.>> 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,
[[Page 136 STAT. 1480]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Criteria.>> establish reference use
cases for biometric identification technologies and
performance criteria for assessing each use case,
including accuracy, efficacy, and bias metrics;
(D) <<NOTE: Reports.>> produce public-facing
reports of the findings from such testing for a general
audience;
(E) <<NOTE: Policies. Procedures.>> 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) <<NOTE: Procedures.>> establish procedures to
prioritize testing of biometrics identification
technologies developed by entities headquartered in the
United States; and
(G) <<NOTE: Determination.>> 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. <<NOTE: Public information. Web posting.>>
Such report should be made publicly available on an internet website.
[[Page 136 STAT. 1481]]
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. <<NOTE: 42 USC 18935.>> DISSEMINATION OF RESOURCES
FOR RESEARCH INSTITUTIONS.
(a) Dissemination of Resources for Research Institutions.--
(1) <<NOTE: Deadline. Public information.>> 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
[[Page 136 STAT. 1482]]
efforts of the Director under section 303 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7443).
(4) <<NOTE: Reviews. Determination.>> 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) <<NOTE: 15 USC 271 note.>> by redesignating section 35
as section 36; and
(2) by inserting after section 34 the following:
``SEC. 35. <<NOTE: 15 USC 278t.>> ADVANCED COMMUNICATIONS
RESEARCH ACTIVITIES.
``(a) Advanced Communications Research.--
``(1) <<NOTE: Consultation.>> 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) <<NOTE: Determination.>> other research areas
determined necessary by the Director.
``(3) <<NOTE: Coordination.>> 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
[[Page 136 STAT. 1483]]
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) <<NOTE: Updates.>> 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.--
<<NOTE: Coordination.>>
``(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) <<NOTE: Analyses.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Determination.>> other activities as
determined necessary by the Director.''.
SEC. 10231. <<NOTE: 42 USC 18936.>> 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--
[[Page 136 STAT. 1484]]
(1) <<NOTE: Timeline.>> 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) <<NOTE: Notification.>> 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) <<NOTE: 42 USC 18937.>> 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) <<NOTE: Standards. Guidelines.>> 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) <<NOTE: Publication.>> 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) <<NOTE: Coordination. Examination.>> 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. <<NOTE: 42 USC 18938.>> SUSTAINABLE CHEMISTRY
RESEARCH AND EDUCATION.
In <<NOTE: Coordination.>> 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,
[[Page 136 STAT. 1485]]
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. <<NOTE: 42 USC 18939.>> PREMISE PLUMBING RESEARCH.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Coordination.>> 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. <<NOTE: 42 USC 18940.>> 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
[[Page 136 STAT. 1486]]
years after the date the Director first awards a grant under
paragraph (1).
(b) Applications.--An eligible institution seeking a grant under
subsection (a) shall submit an application to the Director at such time,
in such manner, and containing such information as the Director may
reasonably require, including a statement of how the institution will
use the funds awarded through the grant to expand cybersecurity
education opportunities at the eligible institution.
(c) Activities.--An eligible institution that receives a grant under
this section may use the funds awarded through such grant for increasing
research, education, technical, partnership, and innovation capacity,
including for--
(1) building and upgrading institutional capacity to better
support new or existing cybersecurity programs, including
cybersecurity partnerships with public and private entities;
(2) building and upgrading institutional capacity to provide
hands-on research and training experiences for undergraduate and
graduate students; and
(3) outreach and recruitment to ensure students are aware of
such new or existing cybersecurity programs, including
cybersecurity partnerships with public and private entities.
(d) <<NOTE: Time periods.>> 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--
[[Page 136 STAT. 1487]]
(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) <<NOTE: Contracts. Grants.>> 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) <<NOTE: Time period. 15 USC 272 note.>> 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.
[[Page 136 STAT. 1488]]
(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) <<NOTE: Assessment.>> 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. <<NOTE: Appointments.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 42 USC 18951.>> 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
[[Page 136 STAT. 1489]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> other activities
determined by the Director to be necessary to support
United States participation in international standards
development, economic competitiveness, and national
security in the development and use of international
technical standards.
(c) Capacity Building Guidance.--The Director shall support
education and workforce development efforts to promote United States
participation in international standards organizations. The Director
shall--
(1) identify and create, as appropriate, technical standards
education and training resources for interested businesses,
industry associations, academia, nonprofit organizations,
Federal agencies, and other relevant standards contributors,
including activities targeted at integrating standards content
into undergraduate and graduate curricula in science,
engineering, business, public policy, and law;
(2) conduct outreach, including to private sector leaders,
to support engagement by more United States stakeholders in
international technical standards development; and
(3) <<NOTE: Determination.>> other activities determined
necessary by the Director to support increased engagement,
influence, and leadership
[[Page 136 STAT. 1490]]
of United States organizations in the development of
international technical standards.
(d) Capacity Building Pilot Program.--
(1) <<NOTE: Coordination. Contracts. Time period. Grants.>>
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) <<NOTE: Determination.>> 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) <<NOTE: Updates. Requirements.>> Guidance on
application and award process.--The Director shall develop, and
periodically update, guidance,
[[Page 136 STAT. 1491]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Determination. Plan.>> 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)--
[[Page 136 STAT. 1492]]
(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 <<NOTE: Repeal.>> of the American Innovation and Competitiveness
Act (15 U.S.C. 278e note) is repealed.
(d) <<NOTE: Repeal.>> 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.
[[Page 136 STAT. 1493]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: President. Determination.>> 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. <<NOTE: Notice. Federal Register, publication.>> Notice of
such disapproval or modification shall be published promptly in the
Federal Register. Upon receiving notice of such disapproval or
modification, the Secretary of Commerce shall immediately rescind or
modify such standards or guidelines as directed by the President.
``(d) <<NOTE: President. Coordination.>> 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) <<NOTE: Deadline.>> 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:
[[Page 136 STAT. 1494]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> Matters to Be Included.--The study
conducted under subsection (a) shall include, to the extent practicable,
the following:
(1) <<NOTE: Analysis. Time period.>> An analysis of steps
taken by the Institute to address foreign threats to Institute-
funded research over the previous 5 years.
(2) <<NOTE: Analysis. Coordination.>> 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).
[[Page 136 STAT. 1495]]
(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) <<NOTE: Analysis. Summary. Time period.>> An analysis
and summary of incidents of undue foreign influence at
Institute-supported research facilities and programs over the
past 10 years.
(10) <<NOTE: Recommenda- tions.>> Recommendations for the
Institute to bolster its research security policies and
protocols.
(11) Other matters the Comptroller General determines
appropriate.
(c) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 42 USC 18952.>> 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) <<NOTE: Review.>> Purposes.--A grant awarded under subsection
(b) shall be used to develop, approve, disseminate, maintain, and review
[[Page 136 STAT. 1496]]
forensic science voluntary consensus standards and best practices that
shall be available to the public free of charge.
(d) <<NOTE: Guidelines. Procedures.>> 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. <<NOTE: 15 USC 278k-2.>> 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
[[Page 136 STAT. 1497]]
adopting new technologies and processes, and development of
employee ownership practices.
``(2) To provide services to improve the resiliency of
domestic supply chains.
``(3) To mitigate vulnerabilities to cyberattacks, including
helping to offset the cost of cybersecurity projects for small
manufacturers.
``(4) To expand advanced technology services to United
States-based small- and medium-sized manufacturers, which may
include--
``(A) developing technology demonstration
laboratories;
``(B) training and demonstration in areas of supply
chain and critical technology needs, including a focus
on the demonstration of technologies developed by
companies based in the United States;
``(C) services for the adoption of advanced
technologies, including smart manufacturing technologies
and practices; and
``(D) establishing partnerships, for the
development, demonstration, and deployment of advanced
technologies, with--
``(i) national laboratories (as defined in
section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801));
``(ii) Federal laboratories;
``(iii) Manufacturing USA institutes (as
described in section 34(d)); and
``(iv) institutions of higher education.
``(5) To build capabilities across the Hollings
Manufacturing Extension Partnership for domestic supply chain
resiliency and optimization, including--
``(A) <<NOTE: Assessment.>> 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) <<NOTE: Requirements. Consultation.>> 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) <<NOTE: Determination.>> Criteria.--The Director
shall select applications consistent with the purposes
identified pursuant to subsection
[[Page 136 STAT. 1498]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Recommenda- tion.>> a recommendation,
supported by a clear explanation, as to whether the pilot
program should be continued.''.
(b) <<NOTE: 15 USC 278k note.>> 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.
[[Page 136 STAT. 1499]]
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) <<NOTE: Determination.>> 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
[[Page 136 STAT. 1500]]
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. <<NOTE: 42 USC 18961.>> 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.
[[Page 136 STAT. 1501]]
(B) Rule of construction.--Nothing in this section
may be construed to require a State or territory of the
United States to establish a new supply chain database
through the Hollings Manufacturing Extension Partnership
program.
(e) Maintenance of National Supply Chain Database.--The Director,
acting through the Hollings Manufacturing Extension Partnership program
or a designee of the program--
(1) shall maintain the National Supply Chain Database as an
integration of State-level databases from the Center of each
State or territory of the United States;
(2) may populate the Database with information from past or
current clients of Centers; and
(3) may include in the Database information voluntarily
provided by non-client private sector entities based and
operating in the United States, as applicable and appropriate.
(f) Database Content.--The National Supply Chain Database may
include the following:
(1) Basic private sector entity information.
(2) An overview of capabilities, accreditations, and
products.
(3) Proprietary information.
(g) Standard Classification System.--The National Supply Chain
Database may, where applicable, use the North American Industry
Classification System (NAICS) Codes as follows:
(1) Sector 31-33 - Manufacturing.
(2) Sector 54 - Professional, Scientific, and Technical
Services.
(3) Sector 48-49 - Transportation and Warehousing.
(h) Levels.--The National Supply Chain Database shall be multi-
leveled as agreed to under terms of mutual disclosure as follows:
(1) <<NOTE: Public information.>> 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.
[[Page 136 STAT. 1502]]
(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) <<NOTE: Exemption.>> 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) <<NOTE: 41 USC 8301 note.>> is amended to read as
follows:
[[Page 136 STAT. 1503]]
``(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. <<NOTE: Definitions.>> 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:
[[Page 136 STAT. 1504]]
``(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. <<NOTE: 42 USC 18971.>> EXPANDING OPPORTUNITIES
THROUGH THE MANUFACTURING USA PROGRAM.
(a) In General. <<NOTE: Consultation. Coordination.>> --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. <<NOTE: 42 USC 18972.>> 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) <<NOTE: Consultation.>> In general.--Each
agency head (as such term is defined in section 34(a) of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s(a))) and the Secretary of Defense shall,
in consultation with the Secretary of Commerce,
establish policies to promote the domestic production of
technologies developed by the Manufacturing USA Network.
(B) Elements.--The policies established under
subparagraph (A) shall include the following:
(i) Measures to partner domestic developers of
goods, services, or technologies by Manufacturing
USA Network activities with domestic manufacturers
and sources of financing.
(ii) Measures to develop and provide
incentives to promote transfer of intellectual
property and goods, services, or technologies
developed by Manufacturing USA Network activities
to domestic manufacturers.
[[Page 136 STAT. 1505]]
(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. <<NOTE: Establishment.>> --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''.
[[Page 136 STAT. 1506]]
(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. <<NOTE: 42 USC 18981.>> DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the National Science
Board.
[[Page 136 STAT. 1507]]
(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. <<NOTE: Time periods.>> 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)--
[[Page 136 STAT. 1508]]
(A) $12,050,000,000 is authorized to be appropriated
to carry out research and related activities, of which--
(i) $60,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $3,350,000,000 is authorized to be
appropriated for the Directorate for Technology,
Innovation, and Partnerships;
(B) $2,500,000,000 is authorized to be appropriated
for STEM education, of which--
(i) $80,400,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $64,910,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $454,140,000 is authorized to be
appropriated for the Graduate Research Fellowship
Program;
(iv) $72,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program; and
(v) $800,000,000 is authorized to be
appropriated for fellowships, traineeships, and
scholarships described in section 10393;
(C) $355,000,000 is authorized to be appropriated
for major research equipment and facilities
construction, of which $80,000,000 is authorized to be
appropriated for the Mid-Scale Research Infrastructure
Program;
(D) $710,000,000 is authorized to be appropriated
for agency operations and award management;
(E) $5,320,000 is authorized to be appropriated for
the Office of the National Science Board; and
(F) $26,610,000 is authorized to be appropriated for
the Office of the Inspector General.
(c) Fiscal Year 2025.--
(1) In general.--There are authorized to be appropriated to
the Foundation $16,706,670,000 for fiscal year 2025.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $12,850,000,000 is authorized to be appropriated
to carry out research and related activities, of which--
(i) $70,000,000 is authorized to be
appropriated for the Mid-Scale Research
Infrastructure Program; and
(ii) $3,550,000,000 is authorized to be
appropriated for the Directorate for Technology,
Innovation, and Partnerships;
(B) $2,700,000,000 is authorized to be appropriated
for STEM education, of which--
(i) $87,100,000 is authorized to be
appropriated for the Robert Noyce Teacher
Scholarship Program;
(ii) $70,320,000 is authorized to be
appropriated for the NSF Research Traineeship
Program;
(iii) $491,990,000 is authorized to be
appropriated for the Graduate Research Fellowship
Program;
(iv) $78,000,000 is authorized to be
appropriated for the Cybercorps Scholarship for
Service Program; and
[[Page 136 STAT. 1509]]
(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--
[[Page 136 STAT. 1510]]
(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. <<NOTE: 42 USC 18991.>> PREK-12 STEM EDUCATION.
(a) National Academies Study. <<NOTE: Deadline. Contracts.>> --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) <<NOTE: Review.>> 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 <<NOTE: Recommenda- tions.>> 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.
[[Page 136 STAT. 1511]]
(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) <<NOTE: Research and development.>> 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;
[[Page 136 STAT. 1512]]
``(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) <<NOTE: Evaluation plan.>> An evaluation plan
that includes, at a minimum, the use of outcome-oriented
measures to determine the impact and efficacy of
programming being researched.
``(5) Evaluations.--Each recipient of an award under this
subsection shall provide, at the conclusion of every year during
which the award funds are received, a report in a form
prescribed by the Director.
``(6) Encourage applications.--In making awards under this
subsection, the Director shall encourage applications which, for
the purpose of the activity or activities funded through the
award, are from or include eligible nonprofit programs serving
students that attend elementary schools or secondary schools
(including high schools) that--
``(A) are implementing comprehensive support and
improvement activities or targeted support and
improvement activities under paragraph (1) or (2) of
section 1111(d) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(d)); or
``(B) serve high percentages of students who are
eligible for a free or reduced-price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) (which, in the case of a high school, may
be calculated using comparable data from the schools
that feed into the high school).
[[Page 136 STAT. 1513]]
``(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) <<NOTE: Public information.>> 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) <<NOTE: Recommenda- tions.>> 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)).
[[Page 136 STAT. 1514]]
(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) <<NOTE: Time period. Appointment.>> 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.--
[[Page 136 STAT. 1515]]
(i) In general.--The membership of the
National STEM Teacher Corps Advisory Board shall--
(I) <<NOTE: Appointment.>> 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
[[Page 136 STAT. 1516]]
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) <<NOTE: Time period.>> 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) <<NOTE: Reports.>> Evaluation.--The Director, acting
through the Administrator, shall submit a report to Congress
after the third year of the pilot program that includes--
(A) <<NOTE: Assessment.>> 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) <<NOTE: Proposal.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 18992.>> 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;
[[Page 136 STAT. 1517]]
(3) increase the size, diversity, capability, and
flexibility of the STEM workforce; and
(4) increase dissemination and widespread adoption of
effective practices in undergraduate education and workforce
development.
(b) Advanced Technological Education Program Update.--Section 3(b)
of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(b)) is amended to read as follows:
``(b) Centers of Scientific and Technical Education.--
``(1) In general.--The Director shall make awards for the
establishment of centers of excellence, in advanced-technology
fields, among associate-degree-granting colleges. Centers shall
meet one or both of the following criteria:
``(A) Exceptional instructional programs in
advanced-technology fields.
``(B) Excellence in undergraduate STEM education.
``(2) Purposes.--The centers shall serve as national and
regional clearinghouses and models for the benefit of both
colleges and secondary schools, and shall provide seminars and
programs to disseminate model curricula and model teaching
methods and instructional materials to other associate-degree-
granting colleges.
``(3) Networks.--The centers may enter into partnerships
with other institutions of higher education, nonprofit
organizations, and stakeholder groups, or a consortium thereof,
to develop networks to--
``(A) <<NOTE: Coordination.>> 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;
[[Page 136 STAT. 1518]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Assessment.>> 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
[[Page 136 STAT. 1519]]
(F) <<NOTE: Data.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> 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'';
[[Page 136 STAT. 1520]]
(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
[[Page 136 STAT. 1521]]
(BB) by inserting ``or
industry internships'' after
``summer programs''; and
(cc) by striking the flush
text following clause (iv); and
(III) by striking subparagraph (C);
(ii) in paragraph (2)--
(I) by striking ``mathematics and
science programs'' and inserting ``STEM
programs'';
(II) by inserting ``and, as
appropriate, elementary schools,'' after
``with secondary schools'';
(III) by striking ``mathematics and
science education'' and inserting ``STEM
education'';
(IV) by striking ``secondary school
students'' and inserting ``students at
these schools'';
(V) by striking ``science and
advanced-technology fields'' and
inserting ``STEM and advanced-technology
fields''; and
(VI) by striking ``agreements with
local educational agencies'' and
inserting ``articulation agreements or
dual credit courses with local secondary
schools, or other means as the Director
determines appropriate,''; and
(iii) in paragraph (3)--
(I) by striking subparagraph (B);
(II) by striking ``shall--''and all
that follows through ``establish a'' and
inserting ``shall establish a'';
(III) by striking ``the fields of
science, technology, engineering, and
mathematics'' and inserting ``STEM
fields''; and
(IV) by striking ``; and'' and
inserting ``, including jobs at Federal
and academic laboratories.'';
(D) in subsection (d)(2)--
(i) in subparagraph (D), by striking ``and''
after the semicolon;
(ii) in subparagraph (E), by striking the
period at the end and inserting a ``; and''; and
(iii) by adding at the end the following:
``(F) as appropriate, applications that apply the
best practices for STEM education and technical skills
education through distance learning or in a simulated
work environment, as determined by research described in
subsection (f); and'';
(E) in subsection (g), by striking the second
sentence;
(F) in subsection (h)(1)--
(i) in subparagraph (A), by striking ``2022''
and inserting ``2026'';
(ii) in subparagraph (B), by striking ``2022''
and inserting ``2026''; and
(iii) in subparagraph (C)--
(I) by striking ``up to $2,500,000''
and inserting ``not less than
$3,000,000''; and
(II) by striking ``2022'' and
inserting ``2026'';
(G) in subsection (i)--
(i) by striking paragraph (3); and
[[Page 136 STAT. 1522]]
(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. <<NOTE: Time period.>> 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. <<NOTE: 42 USC 18993.>> 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) <<NOTE: Deadline. Contracts.>> 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.
[[Page 136 STAT. 1523]]
(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) <<NOTE: Requirement. Certification.>> 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) <<NOTE: Time period. Determination.>> 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) <<NOTE: Assessment.>> 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
[[Page 136 STAT. 1524]]
(D) <<NOTE: Data. Assessments.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Contracts. Evaluation.>> 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) <<NOTE: Publication. Recommenda- tions.>> 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) <<NOTE: Coordination.>> 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
[[Page 136 STAT. 1525]]
Science, Space, and Technology of the House of Representatives,
the Committee on Homeland Security and Governmental Affairs of
the Senate, and the Committee on Oversight and Reform of the
House of Representatives a report on the need and feasibility,
and if appropriate, plans to implement a program to recruit and
train the next generation of artificial intelligence
professionals to meet the needs of Federal, State, local, and
Tribal governments. The report shall include--
(A) <<NOTE: Data.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Coordination. Criteria.>> 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--
[[Page 136 STAT. 1526]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Contracts.>> 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,
[[Page 136 STAT. 1527]]
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) <<NOTE: Determination.>> 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) <<NOTE: Contracts.>> enter into an agreement
with the Director to monitor the compliance of
scholarship recipients with respect to their post-award
employment obligations; and
(B) <<NOTE: Time period.>> 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.--
[[Page 136 STAT. 1528]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Notification.>> determine the
repayment amounts and notify the recipient and the
Director of the amounts owed; and
(ii) <<NOTE: Time period.>> 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. <<NOTE: Applicability.>> 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) <<NOTE: Waiver. Suspension.>> 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.
[[Page 136 STAT. 1529]]
(16) <<NOTE: Coordination. Time periods.>> Public
information.--
(A) Evaluation.--The Director, in coordination with
the Director of the Office of Personnel Management,
shall annually evaluate and make public, in a manner
that protects the personally identifiable information of
scholarship recipients, information on the success of
recruiting individuals for scholarships under this
section and on hiring and retaining those individuals in
the public sector AI workforce, including information
on--
(i) placement rates;
(ii) where students are placed, including job
titles and descriptions;
(iii) salary ranges for students not released
from obligations under this section;
(iv) how long after graduation students are
placed;
(v) how long students stay in the positions
they enter upon graduation;
(vi) how many students are released from
obligations; and
(vii) what, if any, remedial training is
required.
(B) Reports.--The Director, in coordination with the
Office of Personnel Management, shall submit, not less
frequently than once every 3 years, to the Committee on
Homeland Security and Governmental Affairs of the
Senate, the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Science,
Space, and Technology of the House of Representatives,
and the Committee on Oversight and Reform of the House
of Representatives a report, including the results of
the evaluation under subparagraph (A) and any recent
statistics regarding the size, composition, and
educational requirements of the Federal AI workforce.
(C) <<NOTE: Coordination.>> 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) <<NOTE: Time period. Coordination.>> 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. <<NOTE: 42 USC 18994.>> STEM WORKFORCE DATA.
(a) Skilled Technical Workforce Portfolio Review.--
(1) <<NOTE: Deadline. Analysis.>> 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) <<NOTE: Public information.>> Report.--Not later than
180 days after the date of the review under paragraph (1) is
complete, the Director shall
[[Page 136 STAT. 1530]]
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 <<NOTE: Assessment. Coordination.>> 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 <<NOTE: Deadline. Assessment. Coordination.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> includes such
recommendations as the Comptroller General determines
are appropriate to improve such processes.
SEC. 10315. <<NOTE: 42 USC 18995.>> 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
[[Page 136 STAT. 1531]]
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. <<NOTE: 42 USC 18996.>> 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) <<NOTE: Assessment. Estimates.>> 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;
[[Page 136 STAT. 1532]]
(3) utilizes and complements existing data on employer
requirements and unfilled positions in the cybersecurity
workforce;
(4) <<NOTE: Consultation.>> consults key stakeholders and
the broader community of practice in cybersecurity workforce
development to determine data requirements needed to strengthen
the cybersecurity workforce;
(5) <<NOTE: Evaluation.>> 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. <<NOTE: 42 USC 18997.>> MICROELECTRONICS WORKFORCE
DEVELOPMENT ACTIVITIES.
(a) Creating Helpful Initiatives to Produce Personnel in Needed
Growth Industries.--
(1) In general.--The Director shall make awards to
institutions of higher education, non-profit organizations, or
consortia thereof, for research, development, and related
activities to advance innovative approaches to developing,
improving, and expanding evidence-based education and workforce
development activities and learning experiences at all levels of
education in fields and disciplines related to microelectronics.
(2) Purposes.--Activities carried out under this section
shall be for the purpose of supporting the growth, retention,
and development of a diverse and sustainable microelectronics
workforce to meet the requirements of the programs established
in section 9906(c)(2)(C) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 in
support of the evolving needs of industry, academia, government,
and Federal laboratories.
(3) Uses of funds.--Awards made under this section shall be
used to support activities, such as--
(A) development of industry-oriented curricula and
teaching modules for topics relevant to
microelectronics, including those that provide
meaningful hands-on learning experiences;
(B) dissemination of materials developed in
subparagraph (A), including through the creation and
maintenance of a publicly-accessible database and online
portal;
(C) development and implementation of training,
research, and professional development programs for
teachers, including innovative pre-service and in-
service programs, in microelectronics and related
fields;
(D) support for learning activities and experiences
that provide physical, simulated, or remote access to
training facilities and industry-standard processes and
tools, including equipment and software for the design,
development, manufacturing, and testing of
microelectronics;
(E) increasing the integration of microelectronics
content into STEM curricula at all education levels;
[[Page 136 STAT. 1533]]
(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);
[[Page 136 STAT. 1534]]
(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) <<NOTE: Coordination.>> 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.
[[Page 136 STAT. 1535]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Requirement. Proposals.>> 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
[[Page 136 STAT. 1536]]
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. <<NOTE: 42 USC 18998.>> MANDATORY COST-SHARING.
(a) Waiver.--The cost-sharing requirements under section 7036(c) of
the America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act (42 U.S.C. 1862o-14(c)) for the
Major Research Instrumentation Program and under section 10A(i) of the
National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-
1a(i)) for teaching fellowships administered within the Robert Noyce
Teacher Scholarship Program are waived for a period of 5 years following
the date of enactment of this Act.
(b) <<NOTE: Deadline.>> 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
[[Page 136 STAT. 1537]]
(5) <<NOTE: Recommenda- tions.>> recommendations for or
against extending or making permanent such waivers.
SEC. 10321. <<NOTE: 42 USC 18999.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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--
[[Page 136 STAT. 1538]]
(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) <<NOTE: Applicability. 42 USC 1881b note.>> 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. <<NOTE: 42 USC 19011.>> 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.
[[Page 136 STAT. 1539]]
(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. <<NOTE: 42 USC 19012.>> 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. <<NOTE: Requirement. Contracts. Plan. 42 USC 19013.>>
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. <<NOTE: 42 USC 19014.>> 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--
[[Page 136 STAT. 1540]]
(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) <<NOTE: Time periods.>> Geographic diversity and
inclusion.--
(A) In general.--To the maximum extent practicable,
not less than--
(i) 15.5 percent in fiscal year 2023,
(ii) 16 percent in fiscal year 2024,
(iii) 16.5 percent in fiscal year 2025,
(iv) 17 percent in fiscal year 2026,
(v) 18 percent in fiscal year 2027,
(vi) 19 percent in fiscal year 2028, and
(vii) 20 percent in fiscal year 2029,
of the amounts appropriated to the Foundation for
research and related activities, and science,
mathematics, and engineering education and human
resources programs and activities, excluding those
amounts made available for polar research and operations
support (and operations and maintenance of research
facilities), shall be awarded to EPSCoR institutions.
(B) Scholarships.--To the maximum extent
practicable, not less than--
(i) 16 percent in fiscal year 2023,
(ii) 18 percent in fiscal year 2024, and
(iii) 20 percent in each of fiscal years 2025
through 2029,
of the amounts appropriated to the Foundation for
scholarships (including at community colleges), graduate
fellowships and traineeships, and postdoctoral awards
shall be used to support EPSCoR institutions.
(C) Considerations.--The Director shall consider
prioritizing funding and activities that enable
sustainable growth in the competitiveness of EPSCoR
jurisdictions, including--
(i) infrastructure investments to build
research capacity in EPSCoR jurisdictions;
(ii) scholarships, fellowships, and
traineeships within new and existing programs, to
promote the development of sustainable research
and academic personnel;
(iii) partnerships between eligible
organizations in EPSCoR and non-EPSCoR
jurisdictions, to develop administrative, grant
management, and proposal writing capabilities in
EPSCoR jurisdictions;
(iv) capacity building activities for emerging
research institutions, historically Black colleges
and universities, Tribal Colleges or Universities,
and minority serving institutions, consistent with
this section and section 10524 of this division;
and
(v) leveraging the Partnerships for Innovation
program, as well as the Foundation coordination
role in the Department of Commerce technology and
innovation hub program under section 28 of the
Stevenson-Wydler Technology Innovation Act of 1980
as added
[[Page 136 STAT. 1541]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Determination.>> In general.--The
Director shall ensure eligibility for current
EPSCoR jurisdictions for five years from the date
of enactment of this Act, after which
[[Page 136 STAT. 1542]]
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) <<NOTE: Time period.>> 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);
[[Page 136 STAT. 1543]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Data.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> In general.--The Director shall
establish a five-year pilot program for awards to research
partnerships that involve
[[Page 136 STAT. 1544]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> if deemed effective, a plan for
permanent implementation of the pilot program.
SEC. 10326. <<NOTE: 42 USC 19015.>> DIVERSITY IN TECH RESEARCH.
The Director shall make awards, on a competitive basis, to
institutions of higher education or nonprofit organizations (or
consortia of such institutions or organizations) to support basic,
applied, and use-inspired research that yields a scientific evidence
base for improving the design and emergence, development and deployment,
and management and ultimate effectiveness of entities involved in
technology research, including research related to diversity and
inclusion in the technology sector.
SEC. 10327. <<NOTE: 42 USC 1916.>> 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;
[[Page 136 STAT. 1545]]
(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) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19017.>> 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.
[[Page 136 STAT. 1546]]
(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) <<NOTE: Time periods.>> 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) <<NOTE: Assessments. Data.>> 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) <<NOTE: Assessments.>> 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
[[Page 136 STAT. 1547]]
promotion (or equivalents for non-tenure track faculty)
and run a productive research program;
``(C) <<NOTE: Assessment.>> 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.
[[Page 136 STAT. 1548]]
``(5) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $8,000,000 for
each of fiscal years 2023 through 2027.''.
(b) National Science Foundation Support for Broadening Participation
in Undergraduate Stem Education.--Section 305 of the American Innovation
and Competitiveness Act (42 U.S.C. 1862s-5), as amended by subsection
(b), is further amended by inserting after subsection (e) the following:
``(f) Support for Broadening Participation in Undergraduate Stem
Education.--
``(1) In general.--The Director of the Foundation shall make
awards to institutions of higher education (or a consortium of
such institutions) to implement or expand research-based reforms
in undergraduate STEM education for the purpose of recruiting
and retaining students from minority groups who are
underrepresented in STEM fields.
``(2) Merit review; competition.--Awards shall be made under
this subsection on a merit-reviewed, competitive basis.
``(3) Use of funds.--Activities supported by awards under
this subsection may include--
``(A) implementation or expansion of innovative,
research-based approaches to broaden participation of
underrepresented minority groups in STEM fields;
``(B) implementation or expansion of successful,
research-based bridge, cohort, tutoring, or mentoring
programs, including those involving community colleges
and technical schools, designed to enhance the
recruitment and retention of students from
underrepresented minority groups in STEM fields;
``(C) implementation or expansion of outreach
programs linking institutions of higher education and
PreK-12 school systems in order to heighten awareness
among precollege students from underrepresented minority
groups of opportunities in college-level STEM fields and
STEM careers;
``(D) implementation or expansion of faculty
development programs focused on improving retention of
undergraduate STEM students from underrepresented
minority groups;
``(E) implementation or expansion of mechanisms
designed to recognize and reward faculty members who
demonstrate a commitment to increasing the participation
of students from underrepresented minority groups in
STEM fields;
``(F) expansion of successful reforms aimed at
increasing the number of STEM students from
underrepresented minority groups beyond a single course
or group of courses to achieve reform within an entire
academic unit, or expansion of successful reform efforts
beyond a single academic unit or field to other STEM
academic units or fields within an institution of higher
education;
``(G) expansion of opportunities for students from
underrepresented minority groups to conduct STEM
research in industry, at Federal labs, and at
international research institutions or research sites;
``(H) provision of stipends for students from
underrepresented minority groups participating in
research;
[[Page 136 STAT. 1549]]
``(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
[[Page 136 STAT. 1550]]
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) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19018.>> INTRAMURAL EMERGING RESEARCH
INSTITUTIONS PILOT PROGRAM.
(a) <<NOTE: Determination.>> 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.
[[Page 136 STAT. 1551]]
(d) <<NOTE: Deadline.>> Agency-wide Programs.--Not later than 5
years after the date of enactment of this Act, the Director shall--
(1) <<NOTE: Review.>> 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. <<NOTE: 42 USC 19031.>> 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
[[Page 136 STAT. 1552]]
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. <<NOTE: Appointment. 42 USC 19032.>> 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. <<NOTE: 42 USC 19033.>> REPORTING TO CONGRESS.
(a) Report on Resource Needs.--Not later than 180 days after the
date of the enactment of this Act, the Director shall provide a report
to the Committee on Science, Space, and Technology of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Appropriations of the House of
Representatives, and the Committee on Appropriations of the Senate on
the resources and the number of full time employees needed to carry out
the functions of the office established in section 10331.
(b) Annual Report on Office Activities.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the Director
shall submit to Congress a report on the activities carried out
by the Office of Research Security, detailing--
(A) a description of the activities conducted by the
Office, including administrative actions taken;
(B) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Classified information.>> Form.--The report
submitted under paragraph (1) shall be submitted in both
unclassified and classified formats, as appropriate.
SEC. 10334. <<NOTE: 42 USC 19034.>> 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;
[[Page 136 STAT. 1553]]
(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. <<NOTE: 42 USC 19035.>> 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. <<NOTE: Coordination. Assessments. 42 USC 19036.>>
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. <<NOTE: 42 USC 19037.>> RESEARCH SECURITY AND
INTEGRITY INFORMATION SHARING ANALYSIS
ORGANIZATION.
(a) <<NOTE: Contracts.>> 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;
[[Page 136 STAT. 1554]]
(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) <<NOTE: Federal Register, publication. Public
comments. Time period.>> 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. <<NOTE: 42 USC 19038.>> PLAN WITH RESPECT TO
CONTROLLED INFORMATION AND BACKGROUND
SCREENING.
(a) <<NOTE: Deadline. Consultation.>> 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--
[[Page 136 STAT. 1555]]
(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. <<NOTE: 42 USC 19039.>> 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) <<NOTE: Consultation. Determination.>> 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) <<NOTE: Consultation.>> 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.--
[[Page 136 STAT. 1556]]
(1) In general.--Notwithstanding any other provision of this
section, this section shall not apply to an institution of
higher education if that institution has fulfilled the
requirements for a waiver from the Department of Defense as
described under section 1062 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(2) Exception.--Notwithstanding any other provision of this
section, the prohibition under subsection (b) shall not apply to
amounts provided to students as educational assistance.
(e) <<NOTE: Applicability. Time period.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19040.>> FOREIGN FINANCIAL SUPPORT.
(a) <<NOTE: Time period. Summary.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Review.>> 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) <<NOTE: Coordination. Consultation. Determinations.>> 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) <<NOTE: Compliance.>> 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. <<NOTE: Time period.>> 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.
[[Page 136 STAT. 1557]]
Subtitle E--Fundamental Research
SEC. 10341. <<NOTE: 42 USC 19051.>> BROADER IMPACTS.
(a) <<NOTE: Deadline. Contracts. Recommenda- tions.>> 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. <<NOTE: 42 USC 19052.>> 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) <<NOTE: Deadline. Revised proposal. Requirement.>>
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. <<NOTE: Evaluation. Review.>> 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
[[Page 136 STAT. 1558]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Verification.>> 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. <<NOTE: 42 USC 19053.>> RESEARCH REPRODUCIBILITY AND
REPLICABILITY.
(a) <<NOTE: Public information.>> 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) <<NOTE: Requirement.>> 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
[[Page 136 STAT. 1559]]
(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) <<NOTE: Consultation. Criteria.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Coordination.>> coordinate with the scientific
publishing community and the heads of other relevant Federal
departments and agencies to support the development of voluntary
consensus standards around data archiving and sharing.
(d) Research, Development, and Education.--The Director shall make
awards, on a competitive basis to institutions of higher education or
non-profit organizations (or consortia of such institutions or
organizations) to--
(1) support research and development of open source,
sustainable, usable tools and infrastructure that support
reproducibility for a broad range of studies across different
disciplines;
(2) support research on computational reproducibility,
including the limits of reproducibility and the consistency of
computational results in the development of new computation
hardware, tools, and methods; and
(3) support the education and training of students, faculty,
and researchers on computational methods, tools, and techniques
to improve the quality and sharing of data, code, and supporting
metadata to produce reproducible research.
[[Page 136 STAT. 1560]]
SEC. 10345. <<NOTE: 42 USC 19054.>> 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. <<NOTE: 42 USC 19055.>> 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. <<NOTE: 42 USC 19056.>> 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. <<NOTE: 42 USC 19057.>> 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. <<NOTE: 42 USC 19058.>> 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. <<NOTE: 42 USC 19059.>> 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--
[[Page 136 STAT. 1561]]
(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. <<NOTE: 42 USC 19060.>> 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. <<NOTE: 42 USC 19061.>> 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. <<NOTE: 42 USC 19062.>> ACCELERATING UNMANNED
MARITIME SYSTEMS TECHNOLOGIES.
(a) <<NOTE: Consultation.>> 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
[[Page 136 STAT. 1562]]
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. <<NOTE: 42 USC 19063.>> 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. <<NOTE: 42 USC 19064.>> 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) <<NOTE: Consultation. Determination. Requirement.>> 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) <<NOTE: Coordination. Establishment.>> 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.
[[Page 136 STAT. 1563]]
SEC. 10356. <<NOTE: 42 USC 19065.>> 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. <<NOTE: 42 USC 19066.>> TECHNOLOGY AND BEHAVIORAL
SCIENCE RESEARCH.
(a) In General.--The Director shall make awards on a merit-reviewed,
competitive basis for research and development to--
(1) increase understanding of social media and consumer
technology access and use patterns and related mental health,
behavioral, and substance use disorder issues, particularly for
children and adolescents; and
(2) explore the role of social media and consumer technology
in rising rates of mental health and substance use disorder
issues, including within communities experiencing long-term
economic distress.
(b) <<NOTE: Consultation.>> 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.''.
[[Page 136 STAT. 1564]]
SEC. 10359. <<NOTE: 42 USC 19067.>> 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) <<NOTE: Coordination.>> 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.
[[Page 136 STAT. 1565]]
(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;
[[Page 136 STAT. 1566]]
(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) <<NOTE: Determination.>> 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
[[Page 136 STAT. 1567]]
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) <<NOTE: Public information. Deadline.>> 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. <<NOTE: Advancing IoT for Precision Agriculture Act of
2021. Research and development. 42 USC
19068.>> ADVANCING IOT FOR PRECISION
AGRICULTURE CAPABILITIES ACT.
(a) Short Title.--This section may be cited as the ``Advancing IoT
for Precision Agriculture Act of 2021''.
(b) Purpose.--It is the purpose of this section to promote
scientific research and development opportunities for connected
technologies that advance precision agriculture capabilities.
(c) Foundation Directive on Agricultural Sensor Research.--In making
awards under the sensor systems and networked systems programs of the
Foundation, the Director shall include in consideration of portfolio
balance research and development on sensor connectivity in environments
of intermittent connectivity and intermittent computation--
(1) to improve the reliable use of advance sensing systems
in rural and agricultural areas; and
(2) that considers--
(A) direct gateway access for locally stored data;
(B) attenuation of signal transmission;
(C) loss of signal transmission; and
(D) at-scale performance for wireless power.
(d) Updating Considerations for Precision Agriculture Technology
Within the NSF Advanced Technical Education Program.--Section 3 of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i), as
amended by section 10312, is further amended--
(1) in subsection (d)(2), by adding at the end the
following:
``(G) applications that incorporate distance
learning tools and approaches.''; and
(2) in subsection (e)(3)--
(A) in subparagraph (C), by striking ``and'' after
the semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) applications that incorporate distance
learning tools and approaches.''.
(e) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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;
[[Page 136 STAT. 1568]]
(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. <<NOTE: 42 USC 19069.>> 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. <<NOTE: 42 USC 19070.>> 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;
[[Page 136 STAT. 1569]]
(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. <<NOTE: 42 USC 19071.>> 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.
[[Page 136 STAT. 1570]]
(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. <<NOTE: Time period. 42 USC 19081.>> FACILITY
OPERATION AND MAINTENANCE.
(a) <<NOTE: Extension.>> 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.
[[Page 136 STAT. 1571]]
(c) Report.--After the fifth year of the pilot program, the Director
shall transmit a report to Congress that includes--
(1) <<NOTE: Assessment.>> an assessment, that includes
feedback from the research community, of the effectiveness of
the pilot program for--
(A) supporting research directorates and divisions
in balancing investments in research grants and funding
for the initial operation and maintenance of major
facilities;
(B) incentivizing the development of new world-class
facilities;
(C) facilitating interagency and international
partnerships;
(D) funding core elements of multi-disciplinary
facilities; and
(E) supporting facility divestment costs; and
(2) if deemed effective, a plan for permanent implementation
of the pilot program.
SEC. 10372. <<NOTE: 42 USC 19082.>> 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. <<NOTE: 42 USC 19083.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19084.>> ADVANCED COMPUTING.
(a) <<NOTE: Requirement.>> 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''.
[[Page 136 STAT. 1572]]
(b) <<NOTE: Records. Publication. Time period.>> 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) <<NOTE: Publication. Update. Time period.>> 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) <<NOTE: Update.>> 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) <<NOTE: Consultation.>> 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
[[Page 136 STAT. 1573]]
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) <<NOTE: Blueprint.>> develop an approved
design blueprint for compliance with Federal data
protection protocols;
(ii) <<NOTE: Confidential list.>> 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) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> an
assessment of the pilot program under
subparagraph (A), including an
assessment of the security benefits
provided by such secure computing
enclaves;
(II) <<NOTE: Recommenda- tions.>>
recommendations related to the value of
expanding the network of secure
computing enclaves; and
(III) <<NOTE: Recommenda- tions.>>
recommendations on the efficacy of the
use of secure computing enclaves by
other Federal
[[Page 136 STAT. 1574]]
agencies in a broader effort to expand
security of Federal research.
(H) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19085.>> NATIONAL SECURE DATA SERVICE.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Contracts.>> operated directly by or via a
contract that is managed by the National Center for Science and
Engineering Statistics.
(c) <<NOTE: Analysis. Reports.>> 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 136 STAT. 1575]]
(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) <<NOTE: Website.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Time period.>> 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.
[[Page 136 STAT. 1576]]
Subtitle G--Directorate for Technology, Innovation, and Partnerships
SEC. 10381. <<NOTE: 42 USC 19101.>> 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. <<NOTE: 42 USC 19102.>> 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. <<NOTE: 42 USC 19103.>> 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,
[[Page 136 STAT. 1577]]
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. <<NOTE: 42 USC 19104.>> 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. <<NOTE: 42 USC 19105.>> ASSISTANT DIRECTOR.
(a) <<NOTE: Appointment.>> 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.
[[Page 136 STAT. 1578]]
(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. <<NOTE: 42 USC 19106.>> ADVISORY COMMITTEE.
(a) <<NOTE: Assess. Recommenda- tions.>> In General.--In accordance
with the Federal Advisory Committee Act (5 U.S.C. App.) the Director
shall establish an advisory committee to assess, and make
recommendations regarding, the activities carried out under this
subtitle.
(b) Membership.--The advisory committee members shall--
[[Page 136 STAT. 1579]]
(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. <<NOTE: 42 USC 19107.>> CHALLENGES AND FOCUS AREAS.
(a) <<NOTE: Time period. Review. Update. List.>> 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.
[[Page 136 STAT. 1580]]
(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) <<NOTE: Evaluation.>> 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) <<NOTE: Coordination. Time period. Review. Update.>> 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) <<NOTE: Consultation.>> 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;
[[Page 136 STAT. 1581]]
(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) <<NOTE: Deadline. Contracts. Review. Assessments.>> 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. <<NOTE: 42 USC 19108.>> 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--
[[Page 136 STAT. 1582]]
(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) <<NOTE: Reimbursement.>> reimburse, in part or in
whole, the cost of instrumentation, technology transfer, and
commercialization activities, including patenting and licensing,
and for operations and staff, as the Director determines
appropriate.
(d) Selection Process.--In making awards under this subtitle, the
Director shall consider, in addition to the scientific and technical
merit of the proposal, the extent to which the activities and locations
proposed--
(1) have the potential to create an innovation ecosystem, or
enhance existing ecosystems and contribute to job creation in a
region;
(2) demonstrate a capacity to engage and partner with
multiple types of institutions of higher education, industry,
labor, nonprofit organizations, civil society organizations,
other Federal agencies, Federal laboratories, State, local, and
Tribal governments, and other appropriate organizations,
including to inform research directions and account for ethical,
societal, safety, and security implications relevant to the
potential applications of the research;
(3) demonstrate a capacity to broaden participation of
populations historically underrepresented in STEM in the
activities of the Regional Innovation Engine; and
(4) demonstrate a plan and capability to prevent the
inappropriate use or dissemination of the research and
technology, including research results, data, and intellectual
property, as appropriate and consistent with the requirements of
the relevant award.
(e) Requirements.--
(1) <<NOTE: Definition.>> 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.
[[Page 136 STAT. 1583]]
(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--
[[Page 136 STAT. 1584]]
(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. <<NOTE: 42 USC 19109.>> 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.
[[Page 136 STAT. 1585]]
(c) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19110.>> 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
[[Page 136 STAT. 1586]]
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. <<NOTE: 42 USC 19111.>> PLANNING AND CAPACITY
BUILDING AWARDS.
(a) <<NOTE: Coordination.>> In General.--Under the program
established in section 508 of the America COMPETES Reauthorization Act
of 2010 (42 U.S.C. 1862p-2) and the activities authorized under this
section, from amounts made available to the Directorate, the Director,
in coordination with other Federal agencies as determined appropriate by
the Director, shall make awards, on a competitive basis, to eligible
entities to advance the development, adoption, and commercialization of
technologies, consistent with the purposes of the Directorate under
section 10382.
(b) Eligible Entity.--To be eligible to receive an award under this
section, an entity shall be--
(1) an institution of higher education, which may be a
community college (or a consortium of such institutions);
(2) a nonprofit organization that is either affiliated with
an institution of higher education or designed to support
technology development or entrepreneurship; or
(3) a consortium that includes--
(A) an entity described in paragraph (1) or (2) as
the lead award recipient; and
(B) one or more additional individuals or entities,
which shall be--
(i) an economic development organization or
similar entity that is focused primarily on
improving science, technology, innovation, or
entrepreneurship;
(ii) an industry organization or firm in a
relevant technology or innovation sector;
(iii) an industry-experienced executive with
entrepreneurship experience that is focused
primarily on de-risking technologies from both a
scientific and a business perspective; or
(iv) an individual or entity with industry and
startup expertise, including a mentor network,
across relevant technology or innovation sectors.
(c) Use of Funds.--In addition to activities listed under section
10383, an eligible entity receiving an award under this section may use
funds to--
(1) identify academic research with the potential for
technology transfer and commercialization, particularly as
relevant to the purposes of the Directorate under section 10382;
(2) ensure the availability of staff, including technology
transfer professionals, entrepreneurs in residence, and other
mentors as required to accomplish the purpose of this section;
(3) help offset the costs of patenting and licensing
research products, both domestically and internationally;
(4) revise institution policies, including policies related
to intellectual property and faculty entrepreneurship, and
taking
[[Page 136 STAT. 1587]]
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
[[Page 136 STAT. 1588]]
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) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19112.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Time period.>> 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.
[[Page 136 STAT. 1589]]
(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) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19113.>> 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
[[Page 136 STAT. 1590]]
Reauthorization Act of 2010 (42 U.S.C. 1862p-5;
1862p-6; 1862p-7);
(2) ensure that not less than 10 percent of the funds made
available to carry out this section are used to support
additional awards that focus on community college training,
education, and teaching programs that increase the participation
of populations that are historically underrepresented in STEM,
including technical programs through programs such as the
Advanced Technological Education program; and
(3) if funds remain after carrying out paragraphs (1) and
(2) make awards to institutions of higher education to enable
the institutions to fund the development and establishment of
new or specialized programs of study for graduate,
undergraduate, or technical college students and the evaluation
of the effectiveness of those programs of study.
(f) Low-income Scholarship Program.--
(1) In general.--The Director shall award scholarships to
low-income individuals to enable such individuals to pursue
associate, undergraduate, or graduate level degrees in STEM
fields.
(2) Eligibility.--
(A) In general.--To be eligible to receive a
scholarship under this subsection, an individual--
(i) must be a citizen of the United States, a
national of the United States (as defined in
section 1101(a) of title 8), an alien admitted as
a refugee under section 1157 of title 8, or an
alien lawfully admitted to the United States for
permanent residence;
(ii) shall prepare and submit to the Director
an application at such time, in such manner, and
containing such information as the Director may
require; and
(iii) <<NOTE: Certification.>> 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
[[Page 136 STAT. 1591]]
(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. <<NOTE: 42 USC 19114.>> 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. <<NOTE: 42 USC 19115.>> 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
[[Page 136 STAT. 1592]]
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.
[[Page 136 STAT. 1593]]
(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) <<NOTE: Public information.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> any recommendations for
administrative and legislative action that could optimize the
effectiveness of the Centers established under this section.
SEC. 10396. <<NOTE: 42 USC 19116.>> 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) <<NOTE: Consultation.>> Responsibilities.--A
program director of a program of the Directorate, in
consultation with the Assistant Director, shall be
responsible for--
(i) establishing research and development
goals for the program, including through the
convening of workshops, conferring with a broad
range of stakeholders and outside experts, taking
into account relevant expert reports, and
publicizing the goals of the program to the public
and private sectors;
(ii) surveying a wide range of institutions of
higher education, nonprofit organizations, and
private entities to identify emerging trends in
the challenges and key technology focus areas
under section 10387, and, as appropriate,
soliciting proposals from such entities to
[[Page 136 STAT. 1594]]
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) <<NOTE: Determination.>> 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
[[Page 136 STAT. 1595]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Appointment.>> 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) <<NOTE: Determination.>> 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
[[Page 136 STAT. 1596]]
is necessary to promote the Foundation's national
security missions.
(D) Limitations on additional payments.--
(i) <<NOTE: Time period.>> 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) <<NOTE: Evaluations. Recommenda- tions.>> National
academy of public administration.--
(A) <<NOTE: Deadline. Contracts.>> 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
[[Page 136 STAT. 1597]]
(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. <<NOTE: 42 USC 19117.>> COORDINATION OF ACTIVITIES.
(a) In General.--In carrying out the activities of the Directorate,
the Director shall coordinate and collaborate as appropriate with the
Secretary of Energy, the Director of the National Institute of Standards
and Technology, and the heads of other Federal research agencies, as
appropriate, to further the goals of this subtitle.
(b) Avoid Duplication.--The Director shall ensure, to the greatest
extent practicable, that activities carried out by the Directorate are
not duplicative of activities supported by other parts of the Foundation
or other relevant Federal agencies. In carrying out the activities
prescribed by this division, the Director shall coordinate with the
interagency working group established under subtitle F of title VI and
heads of other Federal research agencies to ensure these activities
enhance and complement, but do not constitute unnecessary duplication of
effort and to ensure the responsible stewardship of funds.
(c) Emerging Technologies.--After completion of the studies
regarding emerging technologies conducted by the Secretary of Commerce
under title XV of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116-260), the Director shall consider the results of
such studies in carrying out the activities of the Directorate.
SEC. 10398. <<NOTE: 42 USC 19118.>> 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.
[[Page 136 STAT. 1598]]
SEC. 10399. <<NOTE: 42 USC 19119.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Time periods. Consultation.>> 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) <<NOTE: Strategic vision.>> 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. <<NOTE: 42 USC 19120.>> EVALUATION.
(a) <<NOTE: Time period. Contracts.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions. Public information.>>
recommended funding levels for the Directorate;
(c) Availability.--On completion of the evaluation, the evaluation
shall be made available to Congress and the public.
[[Page 136 STAT. 1599]]
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) <<NOTE: Assessment.>> 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. <<NOTE: Examination. Determination.>> 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. <<NOTE: Records. Time period.>> --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. <<NOTE: 42 USC 19131.>> 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. <<NOTE: 42 USC 19132.>> NATIONAL ENGINEERING BIOLOGY
RESEARCH AND DEVELOPMENT INITIATIVE.
(a) <<NOTE: President.>> In General.--The President, acting through
the Office of Science and Technology Policy, shall implement a National
Engineering Biology Research and Development Initiative to
[[Page 136 STAT. 1600]]
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.
[[Page 136 STAT. 1601]]
(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) <<NOTE: Inventory. Assessment.>> 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) <<NOTE: Grants.>> Grants to fund the work of
investigators at institutions of higher education and
other nonprofit research institutions.
(C) Incentivized development of retooled industrial
sites across the country that foster a pivot to
modernized engineering biology initiatives.
(D) Awards under the Small Business Innovation
Research Program and the Small Business Technology
Transfer Program (as described in section 9 of the Small
Business Act (15 U.S.C. 638)).
(4) Support for education and training of undergraduate and
graduate students in engineering biology, biomanufacturing,
bioprocess engineering, and computational science applied to
engineering biology and in the related ethical, legal,
environmental, safety, security, and other societal domains.
(5) Support for a national network of testbeds based on open
standards, interfaces, and processes, including by repurposing
existing facilities such as those specified in paragraph (3)(C),
that would enable scale up of laboratory engineering biology
research.
(6) Activities to develop robust mechanisms for documenting
and quantifying the outputs and economic benefits of engineering
biology.
(7) Activities to accelerate the translation and
commercialization of new products, processes, and technologies
by carrying out the following:
(A) Identifying precompetitive research
opportunities.
(B) Facilitating public-private partnerships in
engineering biology research and development, including
to address barriers to scaling up innovations in
engineering biology.
(C) Connecting researchers, graduate students, and
postdoctoral fellows with entrepreneurship education and
training opportunities.
(D) Supporting proof of concept activities and the
formation of startup companies including through
programs such as the Small Business Innovation Research
Program and the Small Business Technology Transfer
Program.
[[Page 136 STAT. 1602]]
(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) <<NOTE: Compliance.>> Complying with all applicable
provisions of Federal law.
SEC. 10403. <<NOTE: 42 USC 19133.>> INITIATIVE COORDINATION.
(a) <<NOTE: President.>> 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.
[[Page 136 STAT. 1603]]
(3) <<NOTE: Deadline. Update. Strategic plan.>> 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) <<NOTE: Plan.>> an applied
biorisk management research plan;
(II) <<NOTE: Recommenda- tions.>>
recommendations for integrating security
into biological data access and
international reciprocity agreements;
(III) <<NOTE: Recommenda- tions.>>
recommendations for manufacturing
restructuring to support engineering
biology research, development, and
scaling-up initiatives; and
(IV) <<NOTE: Evaluation.>> 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) <<NOTE: Strategy.>> 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) <<NOTE: Plan.>> 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).
[[Page 136 STAT. 1604]]
(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) <<NOTE: Effective date. Time periods.>> 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) <<NOTE: Budget.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: President. Establishment.>> 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
[[Page 136 STAT. 1605]]
(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) <<NOTE: Coordination. Time
period. Update. Estimate. Summary.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19134.>> ADVISORY COMMITTEE ON
ENGINEERING BIOLOGY RESEARCH AND
DEVELOPMENT.
(a) <<NOTE: Consultation.>> In General.--The agency co-chair of the
interagency committee established under section 10403 shall, in
consultation with the Office of Science and Technology Policy, designate
or establish an advisory committee on engineering biology research and
development (in this section referred to as the ``advisory committee'')
to be composed of not fewer than 12 members, including representatives
of research and academic institutions, industry, and nongovernmental
entities, who are qualified to provide advice on the Initiative.
(b) Assessment.--The advisory committee shall assess the following:
(1) The current state of United States competitiveness in
engineering biology, including the scope and scale of United
States investments in engineering biology research and
development in the international context.
(2) Current market barriers to commercialization of
engineering biology products, processes, and tools in the United
States.
(3) Progress made in implementing the Initiative.
(4) The need to revise the Initiative.
(5) The balance of activities and funding across the
Initiative.
(6) Whether the strategic plan developed or updated by the
interagency committee established under section 10403 is helping
to maintain United States leadership in engineering biology.
(7) Whether ethical, legal, environmental, safety, security,
and other appropriate societal issues are adequately addressed
by the Initiative.
(c) <<NOTE: Time period.>> 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
[[Page 136 STAT. 1606]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Contracts. Recommenda- tions.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Records. Public information. Web
posting. Research and development. 42 USC 19135.>> 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) <<NOTE: Grants.>> Support research in engineering
biology and biomanufacturing through individual grants,
collaborative grants, and through interdisciplinary research
centers.
[[Page 136 STAT. 1607]]
(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) <<NOTE: Grants.>> 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.
[[Page 136 STAT. 1608]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Grants.>> 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.
[[Page 136 STAT. 1609]]
(3) Support activities necessary to facilitate oversight of
relevant emerging biotechnologies.
SEC. 10407. <<NOTE: 42 USC 19136.>> 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. <<NOTE: 42 USC 19151.>> FEDERAL RESEARCH AGENCY
POLICIES FOR CAREGIVERS.
(a) OSTP Guidance. <<NOTE: Deadline. Consultation.>> --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) <<NOTE: Applicability.>> apply to all--
(A) research awards granted by such agency; and
(B) principal investigators of such research and
their trainees, including postdoctoral researchers and
graduate students, who have caregiving responsibilities,
including care for a newborn or newly adopted child and
care for an immediate family member who has a disability
or a serious health condition; and
(2) provide, to the extent feasible--
(A) flexibility in timing for the initiation of
approved research awards granted by such agency;
(B) no-cost extensions of such research awards;
(C) award supplements, as appropriate, to research
awards to sustain research activities conducted under
such awards; and
(D) any other appropriate accommodations at the
discretion of the director of each such agency.
(b) Uniformity of Guidance.--In providing guidance under subsection
(a), the Director shall encourage uniformity, to the extent practicable,
and consistency in the policies established pursuant to such guidance
across all Federal research agencies.
(c) Establishment of Policies.--Consistent, to the extent
practicable, with the guidance under subsection (a), Federal research
agencies shall--
(1) maintain or develop and implement policies for
individuals described in paragraph (1)(B) of such subsection;
and
(2) broadly disseminate in easily accessible formats such
policies to current and potential award recipients.
(d) Data on Usage.--Federal research agencies shall consider--
(1) collecting data, including demographic data that can be
disaggregated by sex, geographic location, and socioeconomic
indicators, which may include employment status, occupation,
educational attainment, parental education, and income, on the
usage of the policies under subsection (c), at both institutions
of higher education and Federal laboratories; and
[[Page 136 STAT. 1610]]
(2) <<NOTE: Time period.>> reporting such data on an annual
basis to the Director in such form as required by the Director.
SEC. 10502. <<NOTE: 42 USC 19152.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Publication.>> 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. <<NOTE: 42 USC 19153.>> 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;
[[Page 136 STAT. 1611]]
(2) <<NOTE: Analysis.>> 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. <<NOTE: 42 USC 19154.>> COLLECTION OF DATA ON
DEMOGRAPHICS OF FACULTY.
(a) Collection of Data.--
(1) <<NOTE: Deadline. Time period. Survey.>> 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) <<NOTE: Publication.>> 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).
[[Page 136 STAT. 1612]]
(d) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19155.>> CULTURAL AND INSTITUTIONAL
BARRIERS TO EXPANDING THE ACADEMIC AND
FEDERAL STEM WORKFORCE.
(a) Best Practices.--
(1) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Surveys.>> 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) <<NOTE: Deadline. Reports.>> Establishment of
policies.--Consistent with the guidance developed under
paragraph (1)--
(A) <<NOTE: Consultation.>> The Director of the
National Science Foundation, in consultation with the
heads of Federal research agencies, shall develop a
policy that--
(i) <<NOTE: Applicability.>> applies to, at a
minimum, doctoral degree granting institutions
that receive Federal research funding; and
(ii) <<NOTE: Requirement.>> 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. <<NOTE: 42 USC 19156.>> 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.
[[Page 136 STAT. 1613]]
SEC. 10507. REPORT TO CONGRESS.
Not later than four years after the date of the enactment of this
Act, the Director shall submit to Congress a report that includes the
following:
(1) A description and evaluation of the status and usage of
policies implemented pursuant to section 10505 at all Federal
research agencies, including any recommendations for revising or
expanding such policies.
(2) With respect to efforts to remove or reduce cultural and
institutional barriers limiting the recruitment, retention, and
success of groups historically underrepresented in academic and
government STEM research careers under section 10505--
(A) what steps all Federal research agencies have
taken to implement policies and practices to further
such efforts;
(B) a description of any significant updates to the
policies for review of Federal research awards required
under such section; and
(C) any evidence of the impact of such policies on
the review or awarding of Federal research awards; and
(3) A description and evaluation of the status of
institution of higher education and Federal laboratory policies
and practices required under section 10505, including any
recommendations for revising or expanding such policies.
SEC. 10508. <<NOTE: 42 USC 19157.>> 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. <<NOTE: 42 USC 19158.>> 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. <<NOTE: 42 USC 19171.>> DEFINITION.
In this subtitle, the term ``Director'' means the Director of the
National Science Foundation.
SEC. 10512. <<NOTE: 42 USC 19172.>> 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
[[Page 136 STAT. 1614]]
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
[[Page 136 STAT. 1615]]
(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.
[[Page 136 STAT. 1616]]
(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) <<NOTE: Plan.>> 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) <<NOTE: Public information.>> 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) <<NOTE: Recommenda- tions.>> any
recommendations for administrative and legislative
action that could optimize the effectiveness of the
awards made under this subsection.
(g) <<NOTE: Consultation. Assessments.>> 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
[[Page 136 STAT. 1617]]
in Science and Engineering, in consultation with the Chief Diversity
Officer of the National Science Foundation, shall include--
(1) a description of past and present policies and
activities of the Foundation to encourage full participation of
students in rural communities in science, mathematics,
engineering, and computer science fields;
(2) an assessment of trends in participation of rural
students in prekindergarten through grade 12 in Foundation
activities; and
(3) an assessment of the policies and activities of the
Foundation, along with proposals for new strategies or the
broadening of existing successful strategies towards
facilitating the goal of increasing participation of rural
students in prekindergarten through grade 12 in Foundation
activities.
(h) Coordination.--In carrying out this subsection, the Director
shall, for purposes of enhancing program effectiveness and avoiding
duplication of activities, consult, cooperate, and coordinate with the
programs and policies of other relevant Federal agencies.
(i) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 19173.>> 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) <<NOTE: Plan.>> 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.--
[[Page 136 STAT. 1618]]
(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) <<NOTE: Public information.>> 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) <<NOTE: Recommenda- tions.>> any
recommendations for administrative and legislative
action that could optimize the effectiveness of the
awards made under this section.
(e) <<NOTE: Consultation.>> 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. <<NOTE: Recommenda- tions.>> NATIONAL ACADEMIES
EVALUATION.
(a) <<NOTE: Deadline. Contracts. Assessment.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Requirement.>> 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.
[[Page 136 STAT. 1619]]
(c) <<NOTE: Time period.>> 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. <<NOTE: Study. Reports. Assessments.>> 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. <<NOTE: 42 USC 19174.>> 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) <<NOTE: Proposal.>> 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 <<NOTE: Deadline.>> than three years after the date of
the enactment of this Act, the Comptroller General of the United States
shall report to Congress--
(1) <<NOTE: Inventory.>> 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) <<NOTE: Assessment.>> an assessment of Federal research
agency outreach activities to increase the participation and
competitiveness of
[[Page 136 STAT. 1620]]
HBCUs, TCUs, and MSIs in the funding programs and initiatives
identified in paragraph (1); and
(3) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 42 USC 19181.>> 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
[[Page 136 STAT. 1621]]
responsible for managing competitive award programs in order to
receive feedback on research ideas and proposals, including
guidance on the Federal research agency's merit review process;
and
(8) to foster mutually beneficial public-private
collaboration among Federal research agencies, industry, Federal
laboratories, academia, and nonprofit organizations to--
(A) identify alternative sources of funding for STEM
education and research at HBCUs, TCUs, and MSIs;
(B) provide access to high-quality, relevant
research experiences for students and faculty of HBCUs,
TCUs, and MSIs;
(C) expand the professional networks of students and
faculty of HBCUs, TCUs, and MSIs;
(D) broaden STEM educational opportunities for
students and faculty of HBCUs, TCUs, and MSIs; and
(E) support the transition of students of HBCUs,
TCUs, and MSIs into the STEM workforce;
(c) Strategic Plan.--
(1) <<NOTE: Reports.>> 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--
[[Page 136 STAT. 1622]]
(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. <<NOTE: 42 USC 19182.>> 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
[[Page 136 STAT. 1623]]
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. <<NOTE: 42 USC 19183.>> 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--
[[Page 136 STAT. 1624]]
(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) <<NOTE: Plan.>> a plan that describes how the eligible
institution will establish or expand research office capacity
and how such award would be used to--
(A) <<NOTE: Assessment.>> conduct an assessment of
capacity-building and research infrastructure needs of
an eligible institution;
(B) enhance institutional resources to provide
administrative research development support to faculty
at an eligible institution;
(C) bolster the institutional research
competitiveness of an eligible institution to support
awards made by the Foundation;
(D) support the acquisition of instrumentation
necessary to build research capacity at an eligible
institution in research areas directly associated with
the Foundation;
(E) increase capability of an eligible institution
to move technology into the marketplace;
(F) increase engagement with industry to execute
research through the SBIR and STTR programs (as such
terms are defined in section 9(e) of the Small Business
Act (15 U.S.C. 638(e)) and direct contracts at an
eligible institution;
(G) enhance STEM curriculum and research training
opportunities at the undergraduate, graduate, and
postdoctoral levels at an eligible institution;
(H) further faculty development initiatives and
strengthen institutional research training
infrastructure, capacity, and competitiveness of an
eligible institution;
(I) address plans and prospects for long-term
sustainability of institutional enhancements at an
eligible institution resulting from the award including,
if applicable, how the award may be leveraged by an
eligible institution to build a broader base of support;
and
(J) develop and implement mechanisms for
institutions of higher education to partner with HBCUs,
TCUs, and MSIs on STEM education, including the
facilitation of student exchanges, course and resource
sharing, collaboration, and matriculation of students to
either institution's graduate programs, mentoring
programs for students and junior faculty, joint research
projects, and student access to graduate education; and
(2) <<NOTE: Plan. Update. Time period.>> 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
[[Page 136 STAT. 1625]]
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) <<NOTE: Time periods.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Recommenda- tions.>> identifies
recommendations for Federal research agencies to
sustainably boost the research capacity of high research
activity status HBCUs through awards-making authorities.
(2) <<NOTE: Determination.>> 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
[[Page 136 STAT. 1626]]
to develop skills and competencies in coding, problem-solving,
critical thinking, creativity and collaboration.
``(2) <<NOTE: Research and development.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Public information. Recommenda- tions.>>
Report.--Not later than 180 days after the date on which the
evaluation under paragraph (1) is completed, the
[[Page 136 STAT. 1627]]
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. <<NOTE: 42 USC 19184.>> 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. <<NOTE: 42 USC 19191.>> 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.
[[Page 136 STAT. 1628]]
(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. <<NOTE: 42 USC 19192.>> 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. <<NOTE: 42 USC 19193.>> DEFINITION.
In this subtitle, the term ``Director'' means the Director of the
National Science Foundation.
SEC. 10534. <<NOTE: 42 USC 19194.>> 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) <<NOTE: Examination.>> to examine approaches to reduce
the incidence and negative consequences of such harassment.
(b) Use of Funds.--Activities funded by an award under this section
may include--
(1) research on the sex-based and sexual harassment
experiences of individuals, including in racial and ethnic
minority groups, disabled individuals, foreign nationals,
sexual-minority individuals, and others;
(2) <<NOTE: Assessments.>> 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
[[Page 136 STAT. 1629]]
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) <<NOTE: Contracts. Reports. Update. Standards.>> 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. <<NOTE: 42 USC 19195.>> INTERAGENCY WORKING GROUP.
(a) <<NOTE: Establishment.>> 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 <<NOTE: Coordination. Consultation. Deadlines.>> 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) <<NOTE: Inventory.>> 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
[[Page 136 STAT. 1630]]
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) <<NOTE: Consultation. Guidelines.>> in
consultation with outside stakeholders, develop a
consistent set of policy guidelines for Federal research
agencies; and
(B) <<NOTE: Reports.>> 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) <<NOTE: Time period. Reports.>> 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) <<NOTE: Updates.>> 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
[[Page 136 STAT. 1631]]
(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) <<NOTE: Deadline. Policies.>> 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
[[Page 136 STAT. 1632]]
(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 <<NOTE: Deadline. Contracts. Study. Reports.>> 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) <<NOTE: Recommenda- tions.>> other recommendations and
issues, as the National Academies determines appropriate.
SEC. 10538. GAO STUDY.
<<NOTE: Deadline.>> Not later than 3 years after the date of
enactment of this division, the Comptroller General of the United States
shall--
(1) <<NOTE: Assessment.>> complete a study that assesses the
degree to which Federal research agencies have implemented the
policy guidelines developed under section 10536(a)(2) and the
effectiveness of that implementation; and
(2) <<NOTE: Reports. Recommenda- tions.>> 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. <<NOTE: 42 USC 19211.>> EARLY-CAREER RESEARCH
FELLOWSHIP PROGRAM.
(a) <<NOTE: Time period.>> 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
[[Page 136 STAT. 1633]]
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) <<NOTE: Summaries.>> 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) <<NOTE: Data.>> Statistical summary data on fellowship
awardees disaggregated by race, ethnicity, sex, geography, age,
years since completion of doctoral degree, and institution type.
(3) <<NOTE: Determination. Plan.>> If determined effective,
a plan for permanent implementation of the pilot program.
SEC. 10602. <<NOTE: Time period.>> 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.
[[Page 136 STAT. 1634]]
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) <<NOTE: Deadline. Coordination. Time period.>> 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
[[Page 136 STAT. 1635]]
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) <<NOTE: Updates.>> 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) <<NOTE: Determination.>> Any other information about
the national science and technology strategy, as determined by
the Director of the Office of Science and Technology Policy.
``(e) <<NOTE: Public information. Web posting.>> 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. <<NOTE: Determination.>> 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. <<NOTE: 42 USC 19221.>> 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) <<NOTE: Determination.>> 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);
[[Page 136 STAT. 1636]]
(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) <<NOTE: Determination. Consultation.>>
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) <<NOTE: President. Coordination. Consultation.>> In
general.--Not later than 90 days after the transmission of each
national security strategy under section 108(a) of the National
Security Act of 1947 (50 U.S.C. 3043(a)), the President, acting
through the Director of the Office of Science and Technology
Policy, shall, in coordination with the National Science and
Technology Council, the National Security Council, the Director
of the National Economic Council, and the heads of such other
relevant Federal agencies as the Director of the Office of
Science and Technology Policy considers appropriate and in
consultation with such nongovernmental partners as the Director
of the Office of Science and Technology Policy considers
appropriate--
(A) <<NOTE: Review.>> 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
[[Page 136 STAT. 1637]]
(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) <<NOTE: Assessments.>> 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--
[[Page 136 STAT. 1638]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Plans.>> 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.
[[Page 136 STAT. 1639]]
(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.
[[Page 136 STAT. 1640]]
(x) An identification of additional resources,
administrative action, or legislative action
recommended to assist with the implementation of
such strategy.
(d) <<NOTE: Consultation.>> 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) <<NOTE: Public information. Web posting.>> 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. <<NOTE: Determination.>> 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. <<NOTE: 42 USC 6615b.>> QUADRENNIAL SCIENCE AND
TECHNOLOGY REVIEW.
``(a) Requirements.--
``(1) <<NOTE: Deadline.>> Quadrennial reviews required.--
Not later than December 31, 2023, and every four years
thereafter, the Director of the Office of Science and Technology
Policy shall complete a review of the science and technology
enterprise of the United States (in this section referred to as
the `quadrennial science and technology review').
``(2) <<NOTE: Examination. Recommenda- tions.>> 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,
[[Page 136 STAT. 1641]]
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) <<NOTE: Recommenda- tions. Assessments.>> 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.--
[[Page 136 STAT. 1642]]
``(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) <<NOTE: Public information. Web posting.>>
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. <<NOTE: Determination.>> 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. <<NOTE: Deadlines.>> 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) <<NOTE: 15 USC 3723.>> by redesignating section 28 as
section 30; and
(2) by inserting after section 27 the following:
``SEC. 28. <<NOTE: 15 USC 3722a.>> 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--
[[Page 136 STAT. 1643]]
``(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) <<NOTE: Grants. Contracts.>> Awards.--The Secretary
shall carry out the program required by paragraph (1) through
the award of the following:
[[Page 136 STAT. 1644]]
``(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) <<NOTE: Coordination.>> Administration.--The
Secretary shall carry out this section through the Assistant
Secretary of Commerce for Economic Development in coordination
with the Under Secretary of Commerce for Standards and
Technology.
``(c) Eligible Consortia.--For purposes of this section, an eligible
consortium is a consortium that--
``(1) includes 1 or more of each of the following--
``(A) institutions of higher education, which may
include Historically Black Colleges and Universities,
Tribal Colleges or Universities, and minority-serving
institutions;
``(B) State, territorial, local, or Tribal
governments or other political subdivisions of a State,
including State and local agencies, or a consortium
thereof;
``(C) industry or firms in relevant technology,
innovation, or manufacturing sectors;
``(D) economic development organizations or similar
entities that are focused primarily on improving
science, technology, innovation, entrepreneurship, or
access to capital; and
``(E) labor organizations or workforce training
organizations, which may include State and local
workforce development boards as established under
sections 101 and 107 of the Workforce Investment and
Opportunity Act (29 U.S.C. 3111; 3122); and
``(2) may include 1 or more--
``(A) economic development entities with relevant
expertise, including a district organization (as defined
in section 300.3 of title 13, Code of Federal
Regulations, or successor regulation);
``(B) organizations that contribute to increasing
the participation of underserved populations in science,
technology, innovation, and entrepreneurship;
``(C) venture development organizations;
``(D) organizations that promote local economic
stability, high-wage domestic jobs, and broad-based
economic opportunities, such as employee ownership
membership associations and State or local employee
ownerships and cooperative development centers,
financial institutions and investment funds, including
community development financial institutions and
minority depository institutions;
``(E) elementary schools and secondary schools,
including area career and technical education schools
(as defined in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006 (29 U.S.C. 2302);
``(F) National Laboratories (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801));
``(G) Federal laboratories;
``(H) Manufacturing extension centers;
``(I) Manufacturing USA institutes;
``(J) transportation planning organizations;
``(K) a cooperative extension services;
[[Page 136 STAT. 1645]]
``(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) <<NOTE: Reviews.>> 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
[[Page 136 STAT. 1646]]
designated as a regional technology and innovation hub under
paragraph (1) of this subsection.
``(e) <<NOTE: Contracts.>> Strategy Development Grants and
Cooperative Agreements.--
``(1) <<NOTE: Reviews.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Updates. Assessments. Determination
.>> implementation or updating of assessments to
determine regional needs and capabilities;
``(iv) <<NOTE: Updates.>> 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) <<NOTE: Plans.>> 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
[[Page 136 STAT. 1647]]
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) <<NOTE: Contracts.>> Strategy Implementation Grants and
Cooperative Agreements.--
``(1) <<NOTE: Review.>> 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. <<NOTE: Determination.>> 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
[[Page 136 STAT. 1648]]
align technical training and educational programs,
including for a skilled technical workforce.
``(ii) <<NOTE: Updates.>> 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
certific