H.R. 4521, United States Innovation and Competition Act of 2021

Summary

A Senate resolution dated March 28, 2022 states that the bill from the House of Representatives (H.R. 4521) shall pass with an amendment striking all after the enacting clause and inserting new text. The inserted text carries the short title United States Innovation and Competition Act of 2021. Its table of contents lists Division A, CHIPS and O-RAN 5G Emergency Appropriations, including a section on the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund, and Division B, Endless Frontier Act, with Title I, NSF Technology and Innovation.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

     In the Senate of the United States,
                                                         March 28, 2022.
     Resolved, That the bill from the House of Representa-
tives (H.R. 4521) entitled ‘‘An Act to provide for a coordi-
nated Federal research initiative to ensure continued United
States leadership in engineering biology.’’, do pass with the
following

                         AMENDMENT:
          Strike all after the enacting clause and insert the
     following:
 1   SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

 2          (a) SHORT TITLE.—This Act may be cited as the
 3 ‘‘United States Innovation and Competition Act of 2021’’.
 4          (b) TABLE OF CONTENTS.—The table of contents for
 5 this Act is as follows:
     Sec. 1. Short title; table of contents.

      DIVISION A—CHIPS AND O-RAN 5G EMERGENCY APPROPRIATIONS

     Sec. 1001. Table of contents.
     Sec. 1002. Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
                      America Fund.
     Sec. 1003. Appropriations for wireless supply chain innovation.
                                       2
                   DIVISION B—ENDLESS FRONTIER ACT

Sec. 2001. Short title; table of contents.
Sec. 2002. Definitions.
Sec. 2003. Sense of Congress.
Sec. 2004. Interagency working group.
Sec. 2005. Key technology focus areas.

              TITLE I—NSF TECHNOLOGY AND INNOVATION

Sec. 2101. Definitions.
Sec. 2102. Directorate establishment and purpose.
Sec. 2103. Personnel management.
Sec. 2104. Innovation centers.
Sec. 2105. Transition of NSF programs.
Sec. 2106. Providing scholarships, fellowships, and other student support.
Sec. 2107. Research and development.
Sec. 2108. Test beds.
Sec. 2109. Academic technology transfer.
Sec. 2110. Capacity-building program for developing universities.
Sec. 2111. Technical assistance.
Sec. 2112. Coordination of activities.
Sec. 2113. Reporting requirements.
Sec. 2114. Hands-on learning program.
Sec. 2115. Intellectual property protection.
Sec. 2116. Authorization of appropriations for the Foundation.
Sec. 2117. Authorization of appropriations for the Department of Energy.
Sec. 2118. Authorization of appropriations for the Defense Advanced Research
                  Projects Agency.

  TITLE II—NSF RESEARCH, STEM, AND GEOGRAPHIC DIVERSITY
                       INITIATIVES

Sec. 2201. Chief Diversity Officer of the NSF.
Sec. 2202. Programs to address the STEM workforce.
Sec. 2203. Emerging research institution pilot program.
Sec. 2204. Personnel management authorities for the Foundation.
Sec. 2205. Advanced Technological Manufacturing Act.
Sec. 2206. Intramural emerging institutions pilot program.
Sec. 2207. Public-private partnerships.
Sec. 2208. AI Scholarship-for-Service Act.
Sec. 2209. Geographic diversity.
Sec. 2210. Rural STEM Education Act.
Sec. 2211. Quantum Network Infrastructure and Workforce Development Act.
Sec. 2212. Supporting Early-Career Researchers Act.
Sec. 2213. Advancing Precision Agriculture Capabilities Act.
Sec. 2214. Critical minerals mining research.
Sec. 2215. Caregiver policies.
Sec. 2216. Presidential awards.
Sec. 2217. Bioeconomy Research and Development Act of 2021.
Sec. 2218. Microgravity utilization policy.

                      TITLE III—RESEARCH SECURITY

Sec. 2301. National Science Foundation research security.
Sec. 2302. Research security and integrity information sharing analysis organi-
                 zation.

   † HR 4521 EAS
                                     3
Sec. 2303. Foreign government talent recruitment program prohibition.
Sec. 2304. Additional requirements for Directorate research security.
Sec. 2305. Protecting research from cyber theft.
Sec. 2306. International standards development.
Sec. 2307. Research funds accounting.
Sec. 2308. Plan with respect to sensitive or controlled information and back-
                 ground screening.

              TITLE IV—REGIONAL INNOVATION CAPACITY

Sec. 2401. Regional technology hubs.
Sec. 2402. Manufacturing USA Program.
Sec. 2403. Establishment of expansion awards program in Hollings Manufac-
                 turing Extension Partnership and authorization of appropria-
                 tions for the Partnership.
Sec. 2404. National Manufacturing Advisory Council.

                         TITLE V—MISCELLANEOUS

Sec. 2501. Strategy and report on economic security, science, research, and inno-
                  vation to support the national security strategy.
Sec. 2502. Person or entity of concern prohibition.
Sec. 2503. Study on emerging science and technology challenges faced by the
                  United States and recommendations to address them.
Sec. 2504. Report on global semiconductor shortage.
Sec. 2505. Supply chain resiliency program.
Sec. 2506. Semiconductor incentives.
Sec. 2507. Research Investment to Spark the Economy Act.
Sec. 2508. Office of Manufacturing and Industrial Innovation Policy.
Sec. 2509. Telecommunications Workforce Training Grant Program.
Sec. 2510. Country Of Origin Labeling Online Act.
Sec. 2511. Country of origin labeling for king crab and tanner crab.
Sec. 2512. Internet exchanges and submarine cables.
Sec. 2513. Study of sister city partnerships operating within the United States
                  involving foreign communities in countries with significant pub-
                  lic sector corruption.
Sec. 2514. Prohibition on transfer, assignment, or disposition of construction per-
                  mits and station licenses to entities subject to undue influence
                  by the Chinese Communist Party or the Government of the Peo-
                  ple’s Republic of China.
Sec. 2515. Limitation on nuclear cooperation with the People’s Republic of
                  China.
Sec. 2516. Certification.
Sec. 2517. Fairness and due process in standards-setting bodies.
Sec. 2518. Shark fin sales elimination.
Sec. 2519. Sense of Congress on forced labor.
Sec. 2520. Open network architecture.
Sec. 2521. Combatting sexual harassment in science.
Sec. 2522. National Science Corps.
Sec. 2523. Annual report on foreign research.
Sec. 2524. Accelerating unmanned maritime systems research.
Sec. 2525. Foundation funding to institutions hosting or supporting Confucius
                  Institutes.
Sec. 2526. Supporting documents.
Sec. 2527. BASIC Research.
Sec. 2528. Foundation for Energy Security and Innovation.

  † HR 4521 EAS
                                      4
                          TITLE VI—SPACE MATTERS

                             Subtitle A—SPACE Act

Sec. 2601. Short title.
Sec. 2602. Sense of Congress.
Sec. 2603. Definitions.
Sec. 2604. Space situational awareness data, information, and services: provision
                 to non-United States Government entities.
Sec. 2605. Centers of Excellence for Space Situational Awareness.

Subtitle B—National Aeronautics and Space Administration Authorization Act

Sec. 2611. Short title.
Sec. 2612. Definitions.

                 PART I—AUTHORIZATION OF APPROPRIATIONS
Sec. 2613. Authorization of appropriations.

              PART II—HUMAN SPACEFLIGHT AND EXPLORATION

Sec. 2614. Competitiveness within the human landing system program.
Sec. 2615. Space launch system configurations.
Sec. 2616. Advanced spacesuits.
Sec. 2617. Acquisition of domestic space transportation and logistics resupply
                 services.
Sec. 2618. Rocket engine test infrastructure.
Sec. 2619. Pearl River maintenance.
Sec. 2620. Value of International Space Station and capabilities in low-Earth
                 orbit.
Sec. 2621. Extension and modification relating to International Space Station.
Sec. 2622. Department of Defense activities on International Space Station.
Sec. 2623. Commercial development in low-Earth orbit.
Sec. 2624. Maintaining a national laboratory in space.
Sec. 2625. International Space Station national laboratory; property rights in
                 inventions.
Sec. 2626. Data first produced during non-NASA scientific use of the ISS na-
                 tional laboratory.
Sec. 2627. Payments received for commercial space-enabled production on the
                 ISS.
Sec. 2628. Stepping stone approach to exploration.
Sec. 2629. Technical amendments relating to Artemis missions.

                               PART III—SCIENCE

Sec. 2631. Science priorities.
Sec. 2632. Lunar discovery program.
Sec. 2633. Search for life.
Sec. 2634. James Webb Space Telescope.
Sec. 2635. Nancy Grace Roman Space Telescope.
Sec. 2636. Study on satellite servicing for science missions.
Sec. 2637. Earth science missions and programs.
Sec. 2638. Life science and physical science research.
Sec. 2639. Science missions to Mars.
Sec. 2640. Planetary Defense Coordination Office.
Sec. 2641. Suborbital science flights.


   † HR 4521 EAS
                                     5
Sec. 2642. Earth science data and observations.
Sec. 2643. Sense of Congress on small satellite science.
Sec. 2644. Sense of Congress on commercial space services.
Sec. 2645. Procedures for identifying and addressing alleged violations of sci-
                 entific integrity policy.

                            PART IV—AERONAUTICS
Sec. 2646. Short title.
Sec. 2647. Definitions.
Sec. 2648. Experimental aircraft projects.
Sec. 2649. Unmanned aircraft systems.
Sec. 2650. 21st Century Aeronautics Capabilities Initiative.
Sec. 2651. Sense of Congress on on-demand air transportation.
Sec. 2652. Sense of Congress on hypersonic technology research.

                         PART V—SPACE TECHNOLOGY

Sec. 2653. Space Technology Mission Directorate.
Sec. 2654. Flight opportunities program.
Sec. 2655. Small Spacecraft Technology Program.
Sec. 2656. Nuclear propulsion technology.
Sec. 2657. Mars-forward technologies.
Sec. 2658. Prioritization of low-enriched uranium technology.
Sec. 2659. Sense of Congress on next-generation communications technology.
Sec. 2660. Lunar surface technologies.

                        PART VI—STEM ENGAGEMENT

Sec. 2661. Sense of Congress.
Sec. 2662. STEM education engagement activities.
Sec. 2663. Skilled technical education outreach program.
Sec. 2664. National space grant college and fellowship program.

                PART VII—WORKFORCE AND INDUSTRIAL BASE

Sec. 2665. Appointment and compensation pilot program.
Sec. 2666. Establishment of multi-institution consortia.
Sec. 2667. Expedited access to technical talent and expertise.
Sec. 2668. Report on industrial base for civil space missions and operations.
Sec. 2669. Separations and retirement incentives.
Sec. 2670. Confidentiality of medical quality assurance records.

                   PART VIII—MISCELLANEOUS PROVISIONS

Sec. 2671. Contracting authority.
Sec. 2672. Authority for transaction prototype projects and follow-on production
                 contracts.
Sec. 2673. Protection of data and information from public disclosure.
Sec. 2674. Physical security modernization.
Sec. 2675. Lease of non-excess property.
Sec. 2676. Cybersecurity.
Sec. 2677. Limitation on cooperation with the People’s Republic of China.
Sec. 2678. Consideration of issues related to contracting with entities receiving
                 assistance from or affiliated with the People’s Republic of China.
Sec. 2679. Small satellite launch services program.
Sec. 2680. 21st century space launch infrastructure.


  † HR 4521 EAS
                                       6
Sec. 2681. Missions of national need.
Sec. 2682. Drinking water well replacement for Chincoteague, Virginia.
Sec. 2683. Passenger carrier use.
Sec. 2684. Use of commercial near-space balloons.
Sec. 2685. President’s Space Advisory Board.
Sec. 2686. Initiative on technologies for noise and emissions reductions.
Sec. 2687. Remediation of sites contaminated with trichloroethylene.
Sec. 2688. Review on preference for domestic suppliers.
Sec. 2689. Report on use of commercial spaceports licensed by the Federal Avia-
                 tion Administration.
Sec. 2690. Active orbital debris mitigation.
Sec. 2691. Study on commercial communications services.

          DIVISION C—STRATEGIC COMPETITION ACT OF 2021

Sec. 3001. Short title; table of contents.
Sec. 3002. Findings.
Sec. 3003. Definitions.
Sec. 3004. Statement of policy.
Sec. 3005. Sense of Congress.
Sec. 3006. Rules of construction.

            TITLE I—INVESTING IN A COMPETITIVE FUTURE

                        Subtitle A—Science and Technology

Sec. 3101. Authorization to assist United States companies with global supply
                chain diversification and management.

           Subtitle B—Global Infrastructure and Energy Development

Sec. 3111. Appropriate committees of Congress defined.
Sec. 3112. Sense of Congress on international quality infrastructure investment
                 standards.
Sec. 3113. United States support for infrastructure.
Sec. 3114. Infrastructure Transaction and Assistance Network.
Sec. 3115. Strategy for advanced and reliable energy infrastructure.
Sec. 3116. Report on the People’s Republic of China’s investments in foreign en-
                 ergy development.

                 Subtitle C—Digital Technology and Connectivity

Sec. 3121. Sense of Congress on digital technology issues.
Sec. 3122. Digital connectivity and cybersecurity partnership.
Sec. 3123. Strategy for digital investment by United States International Devel-
                 opment Finance Corporation.

      Subtitle D—Countering Chinese Communist Party Malign Influence

Sec. 3131. Short title.
Sec. 3132. Authorization of appropriations for countering Chinese Influence
                 Fund.
Sec. 3133. Findings on Chinese information warfare and malign influence oper-
                 ations.
Sec. 3134. Authorization of appropriations for the Fulbright-Hays Program.
Sec. 3135. Sense of Congress condemning anti-Asian racism and discrimination.
Sec. 3136. Supporting independent media and countering disinformation.
Sec. 3137. Global engagement center.

   † HR 4521 EAS
                                     7
Sec. 3138. Review by Committee on Foreign Investment in the United States of
                 certain foreign gifts to and contracts with institutions of higher
                 education.
Sec. 3139. Post-employment restrictions on Senate-confirmed officials at the De-
                 partment of State.
Sec. 3140. Sense of Congress on prioritizing nomination of qualified ambassadors
                 to ensure proper diplomatic positioning to counter Chinese influ-
                 ence.
Sec. 3141. China Censorship Monitor and Action Group.

      TITLE II—INVESTING IN ALLIANCES AND PARTNERSHIPS

                 Subtitle A—Strategic and Diplomatic Matters

Sec. 3201. Appropriate committees of Congress defined.
Sec. 3202. United States commitment and support for allies and partners in the
                 Indo-Pacific.
Sec. 3203. Sense of Congress on cooperation with the Quad.
Sec. 3204. Establishment of Quad Intra-Parliamentary Working Group.
Sec. 3205. Statement of policy on cooperation with ASEAN.
Sec. 3206. Sense of Congress on enhancing United States–ASEAN cooperation on
                 technology issues with respect to the People’s Republic of China.
Sec. 3207. Report on Chinese influence in international organizations.
Sec. 3208. Regulatory exchanges with allies and partners.
Sec. 3209. Technology partnership office at the Department of State.
Sec. 3210. United States representation in standards-setting bodies.
Sec. 3211. Sense of Congress on centrality of sanctions and other restrictions to
                 strategic competition with China.
Sec. 3212. Sense of Congress on negotiations with G7 and G20 countries.
Sec. 3213. Enhancing the United States-Taiwan partnership.
Sec. 3214. Taiwan Fellowship Program.
Sec. 3215. Treatment of Taiwan government.
Sec. 3216. Taiwan symbols of sovereignty.
Sec. 3217. Report on origins of the COVID–19 pandemic.
Sec. 3218. Enhancement of diplomatic support and economic engagement with
                 Pacific island countries.
Sec. 3219. Increasing Department of State personnel and resources devoted to the
                 Indo-Pacific.
Sec. 3219A. Advancing United States leadership in the United Nations System.
Sec. 3219B. Asia Reassurance Initiative Act of 2018.
Sec. 3219C. Statement of policy on need for reciprocity in the relationship be-
                 tween the United States and the People’s Republic of China.
Sec. 3219D. Opposition to provision of assistance to People’s Republic of China
                 by Asian Development Bank.
Sec. 3219E. Opposition to provision of assistance to People’s Republic of China
                 by International Bank for Reconstruction and Development.
Sec. 3219F. United States policy on Chinese and Russian government efforts to
                 undermine the United Nations Security Council action on
                 human rights.
Sec. 3219G. Deterring PRC use of force against Taiwan.
Sec. 3219H. Strategy to respond to sharp power operations targeting Taiwan.
Sec. 3219I. Study and report on bilateral efforts to address Chinese fentanyl traf-
                 ficking.
Sec. 3219J. Investment, trade, and development in Africa and Latin America
                 and the Caribbean.


  † HR 4521 EAS
                                     8
Sec. 3219K. Facilitation of increased equity investments under the Better Utiliza-
                tion of Investments Leading to Development Act of 2018.

                   Subtitle B—International Security Matters

Sec. 3221. Definitions.
Sec. 3222. Findings.
Sec. 3223. Sense of Congress regarding bolstering security partnerships in the
                 Indo-Pacific.
Sec. 3224. Statement of policy.
Sec. 3225. Foreign military financing in the Indo-Pacific and authorization of
                 appropriations for Southeast Asia maritime security programs
                 and diplomatic outreach activities.
Sec. 3226. Foreign military financing compact pilot program in the Indo-Pacific.
Sec. 3227. Additional funding for international military education and training
                 in the Indo-Pacific.
Sec. 3228. Prioritizing excess defense article transfers for the Indo-Pacific.
Sec. 3229. Prioritizing excess naval vessel transfers for the Indo-Pacific.
Sec. 3230. Statement of policy on maritime freedom of operations in inter-
                 national waterways and airspace of the Indo-Pacific and on ar-
                 tificial land features in the South China Sea.
Sec. 3231. Report on capability development of Indo-Pacific allies and partners.
Sec. 3232. Report on national technology and industrial base.
Sec. 3233. Report on diplomatic outreach with respect to Chinese military instal-
                 lations overseas.
Sec. 3234. Statement of policy regarding universal implementation of United Na-
                 tions sanctions on North Korea.
Sec. 3235. Limitation on assistance to countries hosting Chinese military instal-
                 lations.

  Subtitle C—Regional Strategies to Counter the People’s Republic of China

Sec. 3241. Statement of policy on cooperation with allies and partners around
                 the world with respect to the People’s Republic of China.

                       PART I—WESTERN HEMISPHERE
Sec. 3245. Sense of Congress regarding United States-Canada relations.
Sec. 3246. Sense of Congress regarding the Government of the People’s Republic
                 of China’s arbitrary imprisonment of Canadian citizens.
Sec. 3247. Strategy to enhance cooperation with Canada.
Sec. 3248. Strategy to strengthen economic competitiveness, governance, human
                 rights, and the rule of law in Latin America and the Caribbean.
Sec. 3249. Engagement in international organizations and the defense sector in
                 Latin America and the Caribbean.
Sec. 3250. Addressing China’s sovereign lending practices in Latin America and
                 the Caribbean.
Sec. 3251. Defense cooperation in Latin America and the Caribbean.
Sec. 3252. Engagement with civil society in Latin America and the Caribbean
                 regarding accountability, human rights, and the risks of perva-
                 sive surveillance technologies.

                     PART II—TRANSATLANTIC ALLIANCE

Sec. 3255. Sense of Congress on the Transatlantic alliance.
Sec. 3256. Strategy to enhance transatlantic cooperation with respect to the Peo-
                 ple’s Republic of China.

  † HR 4521 EAS
                                     9
Sec. 3257. Enhancing Transatlantic cooperation on promoting private sector fi-
                nance.
Sec. 3258. Report and briefing on cooperation between China and Iran and be-
                tween China and Russia.
Sec. 3259. Promoting responsible development alternatives to the belt and road
                initiative.

                     PART III—SOUTH AND CENTRAL ASIA
Sec. 3261. Sense of Congress on South and Central Asia.
Sec. 3262. Strategy to enhance cooperation with South and Central Asia.

                               PART IV—AFRICA

Sec. 3271. Assessment of political, economic, and security activity of the People’s
                 Republic of China in Africa.
Sec. 3272. Increasing the competitiveness of the United States in Africa.
Sec. 3273. Digital security cooperation with respect to Africa.
Sec. 3274. Increasing personnel in United States embassies in sub-Saharan Afri-
                 ca focused on the People’s Republic of China.
Sec. 3275. Support for Young African Leaders Initiative.
Sec. 3276. Africa broadcasting networks.

                 PART V—MIDDLE EAST AND NORTH AFRICA

Sec. 3281. Strategy to counter Chinese influence in, and access to, the Middle
                 East and North Africa.
Sec. 3282. Sense of Congress on Middle East and North Africa engagement.

                           PART VI—ARCTIC REGION

Sec. 3285. Arctic diplomacy.

                               PART VII—OCEANIA

Sec. 3291. Statement of policy on United States engagement in Oceania.
Sec. 3292. Oceania strategic roadmap.
Sec. 3293. Review of USAID programming in Oceania.
Sec. 3294. Oceania Security Dialogue.
Sec. 3295. Report on countering illegal, unreported, and unregulated fishing in
                 Oceania.
Sec. 3296. Oceania Peace Corps partnerships.

                 TITLE III—INVESTING IN OUR VALUES

Sec. 3301. Authorization of appropriations for promotion of democracy in Hong
                 Kong.
Sec. 3302. Imposition of sanctions relating to forced labor in the Xinjiang
                 Uyghur Autonomous Region.
Sec. 3303. Imposition of sanctions with respect to systematic rape, coercive abor-
                 tion, forced sterilization, or involuntary contraceptive implanta-
                 tion in the Xinjiang Uyghur Autonomous Region.
Sec. 3304. Report on corrupt activities of senior officials of Government of the
                 People’s Republic of China.
Sec. 3305. Removal of members of the United Nations Human Rights Council
                 that commit human rights abuses.
Sec. 3306. Policy with respect to Tibet.


  † HR 4521 EAS
                                      10
Sec. 3307. United States policy and international engagement on the succession
                 or reincarnation of the Dalai Lama and religious freedom of Ti-
                 betan Buddhists.
Sec. 3308. Sense of Congress on treatment of Uyghurs and other ethnic minorities
                 in the Xinjiang Uyghur Autonomous Region.
Sec. 3309. Development and deployment of internet freedom and Great Firewall
                 circumvention tools for the people of Hong Kong.
Sec. 3310. Enhancing transparency on international agreements and non-binding
                 instruments.
Sec. 3311. Authorization of appropriations for protecting human rights in the
                 People’s Republic of China.
Sec. 3312. Diplomatic boycott of the XXIV Olympic Winter Games and the XIII
                 Paralympic Winter Games.
Sec. 3313. Repeal of sunset applicable to authority under Global Magnitsky
                 Human Rights Accountability Act.

        TITLE IV—INVESTING IN OUR ECONOMIC STATECRAFT

Sec. 3401. Findings and sense of Congress regarding the PRC’s industrial policy.
Sec. 3402. Intellectual property violators list.
Sec. 3403. Government of the People’s Republic of China subsidies list.
Sec. 3404. Countering foreign corrupt practices.
Sec. 3405. Debt relief for countries eligible for assistance from the International
                  Development Association.
Sec. 3406. Report on manner and extent to which the Government of the People’s
                  Republic of China exploits Hong Kong to circumvent United
                  States laws and protections.
Sec. 3407. Annual review on the presence of Chinese companies in United States
                  capital markets.
Sec. 3408. Economic defense response teams.

                TITLE V—ENSURING STRATEGIC SECURITY

Sec. 3501. Findings on strategic security and arms control.
Sec. 3502. Cooperation on a strategic nuclear dialogue.
Sec. 3503. Report on United States efforts to engage the People’s Republic of
                China on nuclear issues and ballistic missile issues.
Sec. 3504. Countering the People’s Republic of China’s proliferation of ballistic
                missiles and nuclear technology to the Middle East.

DIVISION D—HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
                COMMITTEE PROVISIONS

Sec. 4001. Short title; table of contents.

  TITLE I—ENSURING DOMESTIC MANUFACTURING CAPABILITIES

                    Subtitle A—Build America, Buy America

Sec. 4101. Short title.

               PART I—BUY AMERICA SOURCING REQUIREMENTS
Sec. 4111. Findings.
Sec. 4112. Definitions.
Sec. 4113. Identification of deficient programs.
Sec. 4114. Application of Buy America preference.
Sec. 4115. OMB guidance and standards.

   † HR 4521 EAS
                                     11
Sec. 4116. Technical assistance partnership and consultation supporting Depart-
                 ment of Transportation Buy America requirements.
Sec. 4117. Application.

                        PART II—MAKE IT IN AMERICA
Sec. 4121. Regulations relating to Buy American Act.
Sec. 4122. Amendments relating to Buy American Act.
Sec. 4123. Made in America Office.
Sec. 4124. Hollings Manufacturing Extension Partnership activities.
Sec. 4125. United States obligations under international agreements.
Sec. 4126. Definitions.
Sec. 4127. Prospective amendments to internal cross-references.

                          Subtitle B—BuyAmerican.gov

Sec. 4131. Short title.
Sec. 4132. Definitions.
Sec. 4133. Sense of Congress on buying American.
Sec. 4134. Assessment of impact of free trade agreements.
Sec. 4135. Judicious use of waivers.
Sec. 4136. Establishment of BuyAmerican.gov website.
Sec. 4137. Waiver Transparency and Streamlining for contracts.
Sec. 4138. Comptroller General report.
Sec. 4139. Rules of construction.
Sec. 4140. Consistency with international agreements.
Sec. 4141. Prospective amendments to internal cross-references.

                       Subtitle C—Make PPE in America

Sec. 4151. Short title.
Sec. 4152. Findings.
Sec. 4153. Requirement of long-term contracts for domestically manufactured per-
                 sonal protective equipment.

           TITLE II—CYBER AND ARTIFICIAL INTELLIGENCE

                      Subtitle A—Advancing American AI

Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Definitions.
Sec. 4204. Principles and policies for use of artificial intelligence in Government.
Sec. 4205. Agency inventories and artificial intelligence use cases.
Sec. 4206. Rapid pilot, deployment and scale of applied artificial intelligence ca-
                 pabilities to demonstrate modernization activities related to use
                 cases.
Sec. 4207. Enabling entrepreneurs and agency missions.

                    Subtitle B—Cyber Response and Recovery

Sec. 4251. Short title.
Sec. 4252. Declaration of a significant incident.




   † HR 4521 EAS
                                    12
                           TITLE III—PERSONNEL

             Subtitle A—Facilitating Federal Employee Reskilling

Sec. 4301. Short title.
Sec. 4302. Reskilling Federal employees.

           Subtitle B—Federal Rotational Cyber Workforce Program

Sec. 4351. Short title.
Sec. 4352. Definitions.
Sec. 4353. Rotational cyber workforce positions.
Sec. 4354. Rotational cyber workforce program.
Sec. 4355. Reporting by GAO.
Sec. 4356. Sunset.

                        TITLE IV—OTHER MATTERS

        Subtitle A—Ensuring Security of Unmanned Aircraft Systems

Sec. 4401. Short title.
Sec. 4402. Definitions.
Sec. 4403. Prohibition on procurement of covered unmanned aircraft systems
                 from covered foreign entities.
Sec. 4404. Prohibition on operation of covered unmanned aircraft systems from
                 covered foreign entities.
Sec. 4405. Prohibition on use of Federal funds for purchases and operation of
                 covered unmanned aircraft systems from covered foreign entities.
Sec. 4406. Prohibition on use of Government-issued Purchase Cards to purchase
                 covered unmanned aircraft systems from covered foreign entities.
Sec. 4407. Management of existing inventories of covered unmanned aircraft sys-
                 tems from covered foreign entities.
Sec. 4408. Comptroller General report.
Sec. 4409. Government-wide policy for procurement of unmanned aircraft sys-
                 tems.
Sec. 4410. Study.
Sec. 4411. Sunset.

                Subtitle B—No TikTok on Government Devices

Sec. 4431. Short title.
Sec. 4432. Prohibition on the use of TikTok.

                    Subtitle C—National Risk Management

Sec. 4461. Short title.
Sec. 4462. National risk management cycle.

                Subtitle D—Safeguarding American Innovation

Sec. 4491. Short title.
Sec. 4492. Definitions.
Sec. 4493. Federal Research Security Council.
Sec. 4494. Federal grant application fraud.
Sec. 4495. Restricting the acquisition of emerging technologies by certain aliens.
Sec. 4496. Machine readable visa documents.
Sec. 4497. Certifications regarding access to export controlled technology in edu-
                  cational and cultural exchange programs.

  † HR 4521 EAS
                                      13
Sec. 4498. Privacy and confidentiality.

    DIVISION E—MEETING THE CHINA CHALLENGE ACT OF 2021

Sec. 5001. Short title; table of contents.

                       TITLE I—FINANCIAL SERVICES

Sec. 5101. Findings on transparency and disclosure; sense of Congress.
Sec. 5102. Establishment of interagency task force to address Chinese market ma-
                 nipulation in the United States.
Sec. 5103. Expansion of study and strategy on money laundering by the People’s
                 Republic of China to include risks of contributing to corruption.
Sec. 5104. Statement of policy to encourage the development of a corporate code
                 of conduct for countering malign influence in the private sector.

    TITLE II—PROTECTING UNITED STATES NATIONAL SECURITY

       Subtitle A—Sanctions With Respect to People’s Republic of China

Sec. 5201. Definitions.
Sec. 5202. Use of sanctions authorities with respect to the People’s Republic of
                 China.
Sec. 5203. Imposition of sanctions with respect to activities of the People’s Repub-
                 lic of China undermining cybersecurity, including cyber attacks
                 on United States Government or private sector networks.
Sec. 5204. Imposition of sanctions with respect to theft of trade secrets of United
                 States persons.
Sec. 5205. Implementation; penalties.
Sec. 5206. Exceptions.

             Subtitle B—Export Control Review And Other Matters

Sec. 5211. Review and controls on export of items with critical capabilities to en-
                 able human rights abuses.
Sec. 5212. Prohibition on reviews by Committee on Foreign Investment in the
                 United States of certain foreign gifts to and contracts with insti-
                 tutions of higher education.
Sec. 5213. Conforming amendments to Treasury positions established by Foreign
                 Investment Risk Review Modernization Act of 2018.

                              TITLE III—REPORTS

Sec. 5301. Review of the presence of Chinese entities in United States capital
                markets.
Sec. 5302. Report on malign activity involving Chinese state-owned enterprises.
Sec. 5303. Report on use and applicability of sanctions to Chinese officials
                complicit in human rights violations and violations of United
                States sanctions with respect to Hong Kong.
Sec. 5304. Report on domestic shortfalls of industrial resources, materials, and
                critical technology items essential to the national defense.
Sec. 5305. Report on implementation of process for exchange of information be-
                tween Committee on Foreign Investment in the United States
                and allies and partners.
Sec. 5306. Report on economic and national security implications of changes to
                cross-border payment and financial messaging systems.
Sec. 5307. Report on development and utilization of dual-use technologies by the
                Government of the People’s Republic of China.

   † HR 4521 EAS
                                     14
Sec. 5308. Report on currency issues with respect to the People’s Republic of
                China.
Sec. 5309. Report on exposure of the United States to the financial system of the
                People’s Republic of China.
Sec. 5310. Report on investment reciprocity between the United States and the
                People’s Republic of China.

                       DIVISION F—OTHER MATTERS

Sec. 6001. Table of contents.

 TITLE I—COMPETITIVENESS AND SECURITY FOR EDUCATION AND
                    MEDICAL RESEARCH

       Subtitle A—Department of Health and Human Services Programs

Sec. 6101. Foreign talent programs.
Sec. 6102. Securing identifiable, sensitive information.
Sec. 6103. Duties of the Director.
Sec. 6104. Protecting America’s biomedical research enterprise.
Sec. 6105. GAO Study.
Sec. 6106. Report on progress to address undue foreign influence.
Sec. 6107. Prohibition on funding for gain-of-function research conducted in
                 China.

               Subtitle B—Elementary and Secondary Education

Sec. 6111. Postsecondary stem pathways grants.
Sec. 6112. Improving access to elementary and secondary computer science edu-
                 cation.

                          Subtitle C—Higher Education

Sec. 6121. Reauthorization of international education programs under title VI of
                 the Higher Education Act of 1965.
Sec. 6122. Confucius Institutes.
Sec. 6123. Sustaining the Truman Foundation and the Madison Foundation.
Sec. 6124. Disclosures of foreign gifts and contracts at institutions of higher edu-
                 cation.

       TITLE II—COMMITTEE ON THE JUDICIARY PROVISIONS

Sec. 6201. Short title.
Sec. 6202. Premerger notification filing fees.
Sec. 6203. Authorization of appropriations.
Sec. 6204. Collection of demographic information for patent inventors.

                        TITLE III—MISCELLANEOUS

Sec. 6301. Enhancing entrepreneurship for the 21st century.
Sec. 6302. Prohibition on Federal funding for Wuhan Institute of Virology.
Sec. 6303. Enforcement of intellectual property provisions of Economic and
                 Trade Agreement Between the Government of the United States
                 of America and the Government of China.
Sec. 6304. Findings and sense of the Senate regarding an investigation to deter-
                 mine the origins of COVID–19.




   † HR 4521 EAS
                                     15
                     DIVISION G—TRADE ACT OF 2021

Sec. 70001. Short title; table of contents.
Sec. 70002. Appropriate congressional committees defined.

      TITLE I—TRADING CONSISTENT WITH AMERICAN VALUES

    Subtitle A—Preventing Importation of Goods Produced by Forced Labor

Sec. 71001. Investigations of allegations of goods produced by forced labor.
Sec. 71002. Preventing importation of seafood and seafood products harvested or
                 produced using forced labor.

       Subtitle B—Addressing Censorship and Barriers to Digital Trade

Sec. 71011. Censorship as a trade barrier.
Sec. 71012. Designation of official responsible for monitoring unfair trade prac-
                 tices of suppliers of information and communications equip-
                 ment.
Sec. 71013. Negotiation of digital trade agreements.

               Subtitle C—Protecting Innovators and Consumers

Sec. 71021. Technical and legal support for addressing intellectual property
                 rights infringement cases.
Sec. 71022. Improvement of anti-counterfeiting measures.
Sec. 71023. Reports on chicken, beef, and other meat imports.
Sec. 71024. Joint enforcement with allies with respect to importation of goods
                 made with stolen intellectual property.
Sec. 71025. Sense of Congress and report on ensuring reliable supply of rare
                 earth minerals.

                  Subtitle D—Ensuring a Level Playing Field

Sec. 71031. Report on manner and extent to which the Government of the Peo-
                 ple’s Republic of China exploits Hong Kong to circumvent
                 United States laws and protections.
Sec. 71032. Assessment of overcapacity of industries in the People’s Republic of
                 China.
Sec. 71033. Duties of Interagency Center on Trade Implementation, Monitoring,
                 and Enforcement.
Sec. 71034. Briefing on report related to process for excluding articles imported
                 from the People’s Republic of China from certain duties imposed
                 under section 301 of the Trade Act of 1974.

  TITLE II—ENSURING RESILIENCY IN CRITICAL SUPPLY CHAINS

Sec. 72001. Facilitating trade in essential supplies.
Sec. 72002. Supply chain database and toolkit.

TITLE III—IMPROVING TRANSPARENCY AND ADMINISTRATION OF
  TRADE PROGRAMS AND OVERSIGHT AND ACCOUNTABILITY OF
  TRADE AGENCIES

Sec. 73001. Process for exclusion of articles from duties under section 301 of the
                 Trade Act of 1974.
Sec. 73002. Enhanced congressional oversight of the United States Trade Rep-
                 resentative and the Department of Commerce.


   † HR 4521 EAS
                                   16
Sec. 73003. Establishment of Inspector General of the Office of the United States
                 Trade Representative.
Sec. 73004. Authority of U.S. Customs and Border Protection to consolidate,
                 modify, or reorganize customs revenue functions.
Sec. 73005. Protection from public disclosure of personally identifiable informa-
                 tion contained in manifests.
Sec. 73006. Sense of Congress on leadership at World Trade Organization.

        TITLE IV—PROMOTING AMERICAN COMPETITIVENESS

 Subtitle A—Reauthorization and Reform of Generalized System of Preferences

Sec. 74001. Modification of eligibility criteria for beneficiary developing coun-
                tries.
Sec. 74002. Supplemental reviews and reporting.
Sec. 74003. Extension of Generalized System of Preferences.

           Subtitle B—Temporary Duty Suspensions and Reductions

Sec. 74011. Reference.

             PART I—NEW DUTY SUSPENSIONS AND REDUCTIONS
Sec. 74021. Shelled pine nuts.
Sec. 74022. Licorice extract.
Sec. 74023. Refined Carrageenan.
Sec. 74024. Irish dairy chocolate crumb.
Sec. 74025. Pepperoncini, preserved in vinegar.
Sec. 74026. Coconut water in PET bottles.
Sec. 74027. 9,11-Octadecadienoic acid.
Sec. 74028. Liquid galacto-oligosaccharides.
Sec. 74029. Beverage containing coconut water.
Sec. 74030. Animal feed additive containing guanidinoacetic acid.
Sec. 74031. Tungsten concentrate.
Sec. 74032. Piperylene.
Sec. 74033. Normal paraffin M (alkanes C10–C14).
Sec. 74034. Neodymium (Nd) metal.
Sec. 74035. Praseodymium (Pr) metal.
Sec. 74036. Heavy rare earth metals, dysprosium (Dy) metal and terbium (Tb)
                 metal.
Sec. 74037. Scandium crystal.
Sec. 74038. Hexafluorotitanic acid.
Sec. 74039. Silica gel cat litter with tray.
Sec. 74040. Dioxosilane spherical particles (mean particle size 0.046–0.054 mm).
Sec. 74041. Silica gel cat litter.
Sec. 74042. Sulfuryl dichloride.
Sec. 74043. FS-10D acicular electroconductive tin oxide.
Sec. 74044. Certain potassium fluoride.
Sec. 74045. Other potassium fluoride.
Sec. 74046. LiPF6.
Sec. 74047. LiPO2F2.
Sec. 74048. Ammonium fluoroborate.
Sec. 74049. Sodium tetrafluoroborate.
Sec. 74050. Ferric chloride.
Sec. 74051. Ferrous chloride.
Sec. 74052. Cupric chloride dihydrate.
Sec. 74053. Copper chloride anhydrous.

  † HR 4521 EAS
                                    17
Sec. 74054. Manganese chloride anhydrous.
Sec. 74055. Manganese chloride tetrahydrate.
Sec. 74056. Reducing agent.
Sec. 74057. Manganese carbonate.
Sec. 74058. Potassium tetraborate.
Sec. 74059. Potassium pentaborate.
Sec. 74060. Ammonium thiocyanate.
Sec. 74061. Modified amine complex of boron trifluoride.
Sec. 74062. Trichlorosilane.
Sec. 74063. 1,3-Dichloropropene.
Sec. 74064. Hexafluoroisobutylene (HFIB).
Sec. 74065. 1,1,1,2,2,3,3,4,4,5,5,6,6-Tridecafluoro-8-iodooctane.
Sec. 74066. Ethyl benzyl chloride.
Sec. 74067. Perfluoroalkyl sulfonate.
Sec. 74068. D-Mannitol.
Sec. 74069. 3,3,4,4,5,5,6,6,7,7,8,8,8-Tridecafluorooctan-1-ol.
Sec. 74070. Phenyl isopropanol.
Sec. 74071. Hydroxytyrosol.
Sec. 74072. 1,6-Dihydroxynaphthalene.
Sec. 74073. Antioxidant for plastics and rubber.
Sec. 74074. Toluhydroquinone (THQ).
Sec. 74075. 1,1,1-Tris(4-hydroxyphenyl)ethane.
Sec. 74076. mPEG6-mesylate.
Sec. 74077. Monoethylene glycol dimethyl ether.
Sec. 74078. Diethylene glycol dimethyl ether.
Sec. 74079. Diethylene glycol dibutyl ether.
Sec. 74080. Tetraethylene glycol dimethyl ether.
Sec. 74081. Glycol diether.
Sec. 74082. Diglycidyl resorcinol ether.
Sec. 74083. Allyl glycidyl ether.
Sec. 74084. Vinylcyclohexane monoxide.
Sec. 74085. Technical grade of butyl glycidyl ether.
Sec. 74086. Aliphatic glycidyl ether.
Sec. 74087. Diglycidyl ether of 1,4-butanediol.
Sec. 74088. Technical grade of the glycidyl ether of cyclohexane dimethanol.
Sec. 74089. Glycidyl ester of neodecanoic acid.
Sec. 74090. Cumaldehyde.
Sec. 74091. Cyprinal.
Sec. 74092. Sodium o-formylbenzenesulfonate.
Sec. 74093. Acetylacetone.
Sec. 74094. Acetyl propionyl.
Sec. 74095. Alpha ionone.
Sec. 74096. 2,3,4,5 Tetramethylcyclopent-2-enone.
Sec. 74097. Menthone.
Sec. 74098. L-Carvone.
Sec. 74099. Benzoin.
Sec. 74100. Methyl cyclopentenolone.
Sec. 74101. 2,4-Dihydroxy-1,5-dibenzoylbenzene.
Sec. 74102. Difluorobenzophenone (DFBP).
Sec. 74103. PTMI.
Sec. 74104. Metrafenone.
Sec. 74105. Hexachloroacetone.
Sec. 74106. Fire suppression agent.
Sec. 74107. D(+)-10-Camphor sulfonic acid.
Sec. 74108. Benzyl acetate.

  † HR 4521 EAS
                                   18
Sec. 74109. Propylene glycol diacetate.
Sec. 74110. Isopropenyl acetate.
Sec. 74111. Diacetin.
Sec. 74112. Cocoamine.
Sec. 74113. Caprylic acid 98%.
Sec. 74114. Fine zinc myristate powder.
Sec. 74115. Fine magnesium myristate powder.
Sec. 74116. Dipentaerythrityl hexahydroxystearate/hexastearate/hexarosinate.
Sec. 74117. Polyglyceryl-2 triisostearate.
Sec. 74118. Neopentyl glycol diethylhexanoate.
Sec. 74119. Isononyl isononate.
Sec. 74120. Acetyl chloride.
Sec. 74121. Potassium sorbate.
Sec. 74122. Vinyl chloroformate.
Sec. 74123. Permethrin.
Sec. 74124. Sodium benzoate.
Sec. 74125. Benzoic acid, flake.
Sec. 74126. Diethylene glycol dibenzoate.
Sec. 74127. Methyl benzoate.
Sec. 74128. M-Nitrobenzoic acid sodium salt.
Sec. 74129. p-Nitrobenzoic acid.
Sec. 74130. 4-tert Butylbenzoic acid.
Sec. 74131. Sodium adipate.
Sec. 74132. Dimethyl sebacate (DMS).
Sec. 74133. Dodecanedioic acid.
Sec. 74134. Polyhydroxystearic acid of low acid value.
Sec. 74135. Undecanedioic acid.
Sec. 74136. Hexadecanedioic acid.
Sec. 74137. Tetradecanedioic acid.
Sec. 74138. Pentadecanedioic acid.
Sec. 74139. Tridecanedioic acid.
Sec. 74140. Methyl 1-(methoxycarbonyl)cyclopropanecarboxylate (CPDM).
Sec. 74141. Calcium HHPA.
Sec. 74142. Diethyl phthalate.
Sec. 74143. Ammonium lactate.
Sec. 74144. Triethyl 2-hydroxypropane-1,2,3-tricarboxylate.
Sec. 74145. Diisostearyl malate.
Sec. 74146. Salicylic acid.
Sec. 74147. Hexyl salicylate.
Sec. 74148. Alpha-ketogluteric acid.
Sec. 74149. MCPB herbicide.
Sec. 74150. 2,4-D Butoxyethylester.
Sec. 74151. 2-(2,4-Dichlorophenoxy)acetic acid.
Sec. 74152. Diglycolic acid 98%.
Sec. 74153. Tri-iso-butyl phosphate (TiBP).
Sec. 74154. Trimethylphosphite.
Sec. 74155. Organic phosphite.
Sec. 74156. Diethyl sulfate.
Sec. 74157. Diethyl carbonate.
Sec. 74158. Ethyl methyl carbonate.
Sec. 74159. Tetradecoxycarbonyloxy tetradecyl carbonate.
Sec. 74160. Dicetyl peroxydicarbonate.
Sec. 74161. Tetraethyl silicate.
Sec. 74162. tert-Octylamine.
Sec. 74163. Octadecylamine.

  † HR 4521 EAS
                                19
Sec. 74164. N′-(3-Aminopropyl)-N′-dodecylpropane-1,3-diamine.
Sec. 74165. 1,10-Diaminodecane.
Sec. 74166. 1,5-Pentanediamine.
Sec. 74167. Dicyclohexylamine.
Sec. 74168. Amantadine hydrochloride 99%.
Sec. 74169. N,N-Dimethylaniline.
Sec. 74170. Paranitroaniline (PNA).
Sec. 74171. Dicloran.
Sec. 74172. N,N-Dimethyl-p-toluidine.
Sec. 74173. Pendimethalin technical.
Sec. 74174. Benzyldimethylamine.
Sec. 74175. Diphenyl diphenylene diamine.
Sec. 74176. Curative for epoxy resin systems.
Sec. 74177. TFMB.
Sec. 74178. S-N-Alkyl-anilin.
Sec. 74179. p-Cresidine.
Sec. 74180. Iminodiacetic acid.
Sec. 74181. 11 Aminoundecanoic acid.
Sec. 74182. L-Orinithine L-aspartate.
Sec. 74183. Iron sodium DTPA.
Sec. 74184. Iron glycinate complex.
Sec. 74185. Copper glycinate complex.
Sec. 74186. Zinc glycinate complex.
Sec. 74187. Manganese glycinate complex.
Sec. 74188. Iron sodium EDDHA.
Sec. 74189. DMF-DMA.
Sec. 74190. Mixtures of DMSO and tetrabutyl ammonium fluoride.
Sec. 74191. Betaine.
Sec. 74192. Prolonium chloride in aqueous solution.
Sec. 74193. N,N-Dimethylacetamide.
Sec. 74194. N,N-Dimethylformamide.
Sec. 74195. DAAM.
Sec. 74196. L-Alanyl L-glutamine.
Sec. 74197. Granular acrylamido-tert-butyl sulfonic acid (ATBS).
Sec. 74198. Glycyl-L-glutamine hydrate.
Sec. 74199. Noviflumuron.
Sec. 74200. Propanil technical.
Sec. 74201. Hexaflumuron.
Sec. 74202. Stabilizer for plastics and rubber.
Sec. 74203. 2-Amino-5-chloro-N,3-dimethylbenzamide.
Sec. 74204. Glycyl-L-tyrosine dihydrate.
Sec. 74205. L-Alanyl-L-tyrosine.
Sec. 74206. Enzalutamide ITS-2.
Sec. 74207. 4-Bromo-2-fluoro-N-methylbenzamide.
Sec. 74208. N-Boc-1-aminocyclobutanecarboxylic acid.
Sec. 74209. N′-(1,3-dimethylbutylidene)-3-hydroxy-2-naphthohydrazide (BMH)
                 (oil treated).
Sec. 74210. Guanidine sulfamate.
Sec. 74211. Liquid, blocked cycloaliphatic diamine used as crosslinker for
                 polyisocyanate resins.
Sec. 74212. 3,4-Difluorobenzonitrile.
Sec. 74213. 2-Amino-5-cyano-N,3-dimethylbenzamide.
Sec. 74214. TFMPA.
Sec. 74215. Dimethyl 2,2′-Azobisisobutyrate.
Sec. 74216. Antioxidant/metal deactivator.

  † HR 4521 EAS
                                    20
Sec. 74217. Benzyl carbazate.
Sec. 74218. Benzene-1,3-dicarbohydrazide.
Sec. 74219. Input for resins, coatings, and other products.
Sec. 74220. Aldicarb.
Sec. 74221. Flubendiamide.
Sec. 74222. Benzobicyclon.
Sec. 74223. Diphenylsulfone (DPS).
Sec. 74224. Phenolic antioxidant.
Sec. 74225. Phenolic antioxidant and heat stabilizer.
Sec. 74226. Phenylchlorothioformate (PTCFM).
Sec. 74227. Methylene bis thiocyanate.
Sec. 74228. Oxamyl.
Sec. 74229. L-Cystine.
Sec. 74230. L-Cysteine.
Sec. 74231. N,N′-Bis-L-alanyl-L-cystine.
Sec. 74232. Lubricant additive.
Sec. 74233. Sodium benzenesulfinate.
Sec. 74234. Thio-ether based co-stabilizer for plastics.
Sec. 74235. L-Cysteine hydrate hydrochloride.
Sec. 74236. Dimercaprol.
Sec. 74237. Monoammonium salt of glyphosate.
Sec. 74238. THPC.
Sec. 74239. Flame retardant for textiles.
Sec. 74240. Glyphosate.
Sec. 74241. Ethephon.
Sec. 74242. Benzene phosphinic acid.
Sec. 74243. HEDP.
Sec. 74244. Trimethylchlorosilane.
Sec. 74245. Chloro-(chloromethyl)-dimethylsilane.
Sec. 74246. Silicone for electronics cleaners.
Sec. 74247. Silicon carrier fluid for active lotions, creams.
Sec. 74248. Vinyltrimethoxysilane.
Sec. 74249. n-Octyltriethoxysilane.
Sec. 74250. Dimethylbis(s-butylamino)silane.
Sec. 74251. Aqueous solution of potassium methyl siliconate.
Sec. 74252. Octyltrimethoxysilane.
Sec. 74253. Octlytriethoxysilane.
Sec. 74254. Amino-propyl-triethoxysilane.
Sec. 74255. Methyltris(sec-butylamino)silane.
Sec. 74256. Methyltris(methylethylketoximino)silane (MOS).
Sec. 74257. Heptamethyltrisiloxane.
Sec. 74258. Tetramethyldisiloxane.
Sec. 74259. Dimethylchlorosilane.
Sec. 74260. Dichloromethylsilane.
Sec. 74261. Tris(TFP)-methylcyclo-trisiloxane DR.
Sec. 74262. Tetravinyltetramethylcyclotetrasiloxane.
Sec. 74263. Divinyltetramethyldisiloxane.
Sec. 74264. Input for plant protection agent.
Sec. 74265. Strawberry furanone.
Sec. 74266. Emamectin benzoate.
Sec. 74267. Gibberellic acid.
Sec. 74268. Rose oxide.
Sec. 74269. Vinylene carbonate.
Sec. 74270. Kasugamycin technical.
Sec. 74271. 2H-Cyclododeca[b]pyran.

  † HR 4521 EAS
                                   21
Sec. 74272. Bixafen.
Sec. 74273. Fluxapyroxad.
Sec. 74274. 3,5 Dimethylpyrazole.
Sec. 74275. Pyraclonil.
Sec. 74276. Imidazolidinyl urea.
Sec. 74277. Allantoin.
Sec. 74278. Emulsifiable concentrate of Imazalil fungicide.
Sec. 74279. Technical cyazofamid fungicide.
Sec. 74280. Imazalil sulfate.
Sec. 74281. 1,2-Dimethylimidazole.
Sec. 74282. 2-Methylimidazole flakes.
Sec. 74283. Diazolidinyl urea.
Sec. 74284. 1-(2-Aminoethyl)imidazolidin-2-one (AEEU).
Sec. 74285. Zinc pyrithione.
Sec. 74286. Technical Pyriofenone fungicide.
Sec. 74287. Picoxystrobin.
Sec. 74288. Triclopyr BEE.
Sec. 74289. Imazapyr.
Sec. 74290. Tetraniliprole.
Sec. 74291. Cyantraniliprole.
Sec. 74292. Chlorantraniliprole.
Sec. 74293. Chlorpyrifos.
Sec. 74294. Technical Cyclaniliprole insecticide.
Sec. 74295. Regorafenib.
Sec. 74296. N-Butyl-TAD.
Sec. 74297. Hindered amine light stabilizer and phenolic antioxidant.
Sec. 74298. 4-Hydroxy-TEMPO.
Sec. 74299. 2,2,6,6-tetramethylpiperidin-4-ol (TMP).
Sec. 74300. 5-Bromo-2-(3-chloropyridin-2-yl)pyrazole-3-carboxylic acid.
Sec. 74301. 2-Chloro-5-(trifluoromethyl)pyridine.
Sec. 74302. Picarbutrox.
Sec. 74303. 5-amino-3-(trifluromethyl) picolinonitrile (T3630).
Sec. 74304. Dextromethorphan hydrobromide.
Sec. 74305. Ipflufenoquin.
Sec. 74306. THQ.
Sec. 74307. Pyrithiobac sodium.
Sec. 74308. Larotrectinib sulfate.
Sec. 74309. Ibrutinib.
Sec. 74310. Orthosulfamuron.
Sec. 74311. 5-Bromopyrimidine.
Sec. 74312. Butylthion.
Sec. 74313. P-1062.
Sec. 74314. Carfentrazone Technical.
Sec. 74315. UV absorber 928.
Sec. 74316. UV absorber for industrial coatings.
Sec. 74317. Uniconazole-P.
Sec. 74318. VcMMAE.
Sec. 74319. UVA 360.
Sec. 74320. Trofinetide.
Sec. 74321. Flurazole.
Sec. 74322. Oxathiapiprolin.
Sec. 74323. Certain antimicrobial.
Sec. 74324. Rubber accelerator.
Sec. 74325. 2-Amino benzothiazole.
Sec. 74326. Technical Isofetamid fungicide.

  † HR 4521 EAS
                                 22
Sec. 74327. Clomazone Technical.
Sec. 74328. NEM salt.
Sec. 74329. AMTC wet cake.
Sec. 74330. Photoinitiator 369.
Sec. 74331. Isatoic anhydride.
Sec. 74332. Oclacitinib maleate.
Sec. 74333. Thiencarbazone-methyl.
Sec. 74334. Penoxsulam technical herbicide.
Sec. 74335. Ethyl 2-sulfamoylbenzoate.
Sec. 74336. Sulfosulfuron.
Sec. 74337. Pyrimisulfan.
Sec. 74338. Purified steviol glycoside, rebaudioside A.
Sec. 74339. Glucosylated steviol glycosides.
Sec. 74340. Hydroxypropyl gamma cyclodextrin.
Sec. 74341. Hydroxypropylated beta cyclodextrin.
Sec. 74342. Methyl beta cyclodextrin.
Sec. 74343. 2′-Fucosyllactose.
Sec. 74344. Ascorbyl glucoside.
Sec. 74345. Dimethylamine borane (DMAB).
Sec. 74346. Elderberry extract concentrate.
Sec. 74347. Disperse Yellow 241.
Sec. 74348. Disperse Orange.
Sec. 74349. Mixtures of Disperse Yellow FD11843 and acetic acid.
Sec. 74350. Disperse Blue 54.
Sec. 74351. Mixtures of several disperse dyes.
Sec. 74352. Mixtures of 4 disperse blue dyes.
Sec. 74353. Mixtures of 4 dyes.
Sec. 74354. Disperse Red 86.
Sec. 74355. Disperse Violet 1.
Sec. 74356. Disperse Blue 60.
Sec. 74357. Mixtures of Disperse Orange 29, Disperse Red 167:1, and Disperse
                 Blue 56.
Sec. 74358. Disperse Yellow 54.
Sec. 74359. Acid Violet 48.
Sec. 74360. Acid Blue 280.
Sec. 74361. Acid Brown 282.
Sec. 74362. Acid Red 131.
Sec. 74363. Acid Red 249.
Sec. 74364. Acid Yellow 236.
Sec. 74365. Acid Red 407.
Sec. 74366. Acid Yellow 220.
Sec. 74367. Acid Yellow 232.
Sec. 74368. Acid Yellow 235.
Sec. 74369. Acid Yellow 151.
Sec. 74370. Acid Violet 43.
Sec. 74371. Acid Red 33.
Sec. 74372. Acid Black 52.
Sec. 74373. Acid Black 2.
Sec. 74374. Acid Green 25.
Sec. 74375. Basic Brown 23.
Sec. 74376. Basic Violet 11:1 rhodamine dye.
Sec. 74377. Basic Yellow 37.
Sec. 74378. Basic Violet 3.
Sec. 74379. Direct Orange 118.
Sec. 74380. Direct Blue 86.

  † HR 4521 EAS
                                23
Sec. 74381. Direct Blue 199.
Sec. 74382. Direct Black 168.
Sec. 74383. Direct Red 227.
Sec. 74384. Direct Yellow 107.
Sec. 74385. Direct Green 26.
Sec. 74386. Direct Yellow 11.
Sec. 74387. Direct Orange 15.
Sec. 74388. Direct Brown 44.
Sec. 74389. Direct Red 81.
Sec. 74390. Direct Yellow 142.
Sec. 74391. Direct Red 80.
Sec. 74392. Direct Red 16.
Sec. 74393. Direct Red 254.
Sec. 74394. Colorant.
Sec. 74395. Direct Yellow 34.
Sec. 74396. Vat Orange 2 dye powder.
Sec. 74397. Vat Violet 13 dye.
Sec. 74398. Vat Brown 3 dye.
Sec. 74399. Vat Red 10 dye powder.
Sec. 74400. Vat Brown 57 dye.
Sec. 74401. Vat Red 31 dye powder.
Sec. 74402. Dye mixtures of Vat Brown 3 and Vat Black 27.
Sec. 74403. Vat Red 13.
Sec. 74404. Vat Yellow 2 dye powder.
Sec. 74405. Vat Yellow 33 dye.
Sec. 74406. Vat Green 1 dye.
Sec. 74407. Vat Green 3.
Sec. 74408. Vat Blue 6 dye.
Sec. 74409. Vat Blue 20 dye.
Sec. 74410. Vat Violet 1.
Sec. 74411. Vat Brown 1 dye.
Sec. 74412. Vat Black 16 dye.
Sec. 74413. Vat Black 25.
Sec. 74414. Vat Black 27.
Sec. 74415. Reactive Yellow 145.
Sec. 74416. Reactive Red 195.
Sec. 74417. Reactive Blue 49.
Sec. 74418. Reactive Blue 72.
Sec. 74419. Reactive Yellow 95 powder.
Sec. 74420. Reactive Red 245.
Sec. 74421. Reactive Brown 11.
Sec. 74422. Mixtures of Reactive Black 5 (Na) (FKP), Reactive Scarlet F01–
                 0439, and Reactive Orange 131.
Sec. 74423. Reactive Yellow F98–0159.
Sec. 74424. Dye mixtures of Reactive Orange 131 and Reactive Scarlet F07–
                 0522.
Sec. 74425. Reactive Black 31.
Sec. 74426. Reactive Red 120.
Sec. 74427. Reactive Blue 5.
Sec. 74428. Reactive Orange 13.
Sec. 74429. Reactive Orange 12.
Sec. 74430. Pigment Red 177.
Sec. 74431. Pigment Yellow 110.
Sec. 74432. Pigment Yellow 147.
Sec. 74433. Pigment Orange 64.

  † HR 4521 EAS
                                  24
Sec. 74434. Pigment Blue 29.
Sec. 74435. Pigment Violet 15.
Sec. 74436. Pigment Blue 14.
Sec. 74437. Solvent Blue 97.
Sec. 74438. Solvent Green 5.
Sec. 74439. Solvent Yellow 98.
Sec. 74440. Solvent Green 7.
Sec. 74441. Solvent Red 195.
Sec. 74442. Solvent Orange 115.
Sec. 74443. Specialty dyes.
Sec. 74444. Solvent Green 3.
Sec. 74445. Solvent Blue 36.
Sec. 74446. Mixtures of Solvent Green 3.
Sec. 74447. Solvent Red 52.
Sec. 74448. Solvent Red 149.
Sec. 74449. Solvent Red 207.
Sec. 74450. Solvent Violet 14.
Sec. 74451. Solvent Yellow 179.
Sec. 74452. Solvent Yellow 131.
Sec. 74453. Hogen Blue XB-20.
Sec. 74454. Solvent Yellow 104.
Sec. 74455. Combination of Fluorescent Brighteners 367 and 371.
Sec. 74456. Fluorescent Brightener CBS-X.
Sec. 74457. Optical Brightener SWN.
Sec. 74458. C.I. Fluorescent Brightener 199:1.
Sec. 74459. Fluorescent Brightener 368.
Sec. 74460. 1,4-Bis(2-cyanostyryl)benzene.
Sec. 74461. Certain manufacturing inputs.
Sec. 74462. Cerium sulfide pigments.
Sec. 74463. Matte pearlescent pigments.
Sec. 74464. Angle-dependent interference pigments.
Sec. 74465. Inorganic Lumilux.
Sec. 74466. Ribbon/Matrix Resin.
Sec. 74467. Bonding agent 2005.
Sec. 74468. Fluoropolymer resin.
Sec. 74469. Zirconium 12 paint drier.
Sec. 74470. Zirconium 24 paint drier.
Sec. 74471. Drier accelerators.
Sec. 74472. Lemon oil.
Sec. 74473. Sulfonic acids, C14–17-sec-alkane, sodium salt.
Sec. 74474. Potassium ethyl octylphosphonate.
Sec. 74475. Intermediate in the production of industrial lubricants.
Sec. 74476. Polyether dispersant.
Sec. 74477. D-Glucopyranose.
Sec. 74478. 2-Dodecoxy-6-(hydroxymethyl)oxane-3,4,5-triol.
Sec. 74479. Mixtures of certain C12–14-alkyl ethers.
Sec. 74480. Manufacturing chemical.
Sec. 74481. Nonionic surfactant.
Sec. 74482. Chemical used in textile manufacturing.
Sec. 74483. Ethoxylated tristyrylphenol phosphate potassium salt.
Sec. 74484. Sodium polycarboxylate, aqueous solution.
Sec. 74485. Aqueous emulsion of a mixture of amine soaps and miscellaneous
                 other additives.
Sec. 74486. Aqueous dispersion of a mixture of fatty amine and amide soaps and
                 miscellaneous other additives.

  † HR 4521 EAS
                                  25
Sec. 74487. Aqueous dispersion of a mixture of fatty amine and amide soaps and
                  miscellaneous other additives.
Sec. 74488. Photographic gelatin.
Sec. 74489. Ice fountains (class 1.4G).
Sec. 74490. Magic candles containing magnesium powder.
Sec. 74491. Party snappers (Class 1.4G).
Sec. 74492. Fenpyroximate 5SC.
Sec. 74493. Pyrifluquinazon 20SC.
Sec. 74494. Imidacloprid and Muscalure formulations.
Sec. 74495. Formulations of acephate and bifenthrin.
Sec. 74496. Fipronil.
Sec. 74497. Aluminum phosphide.
Sec. 74498. Magnaphos formulations.
Sec. 74499. Formulated oxamyl.
Sec. 74500. Formulated fungicides.
Sec. 74501. Certain fungicides.
Sec. 74502. Prothioconazole, Fluopyram, and Trifloxystrobin fungicides.
Sec. 74503. Prothioconazole, Metalaxyl, and Tebuconazole fungicides.
Sec. 74504. Mancozeb and Chlorothalonil formulations.
Sec. 74505. Mixtures of Picarbutrox and application adjuvants.
Sec. 74506. Mixtures of Tetraconazole and application adjuvants.
Sec. 74507. Mancozeb and Azoxystrobin formulations.
Sec. 74508. Mixtures of Cymoxanil and fumed dioxosilane.
Sec. 74509. Microthiol formulations.
Sec. 74510. Formulations of thiencarbazone-methyl, Iodosulfuron-methyl-sodium,
                  and dicamba.
Sec. 74511. Thiencarbazone-methyl, Isoxadifenethyl, and Tembotrione herbicides.
Sec. 74512. Herbicides used on grasses.
Sec. 74513. Thiencarbazone-methyl, Isoxaflutole, and Cyprosulfamide herbicides.
Sec. 74514. Thiencarbazone-methyl and Iodosulfuron-methylsodium herbicides.
Sec. 74515. Thiencarbazone-methyl and Mefenpyr-diethyl herbicides.
Sec. 74516. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 74517. Tribenuron-methyl formulations.
Sec. 74518. Chlorsulfuron and metsulfuron-methyl formulations.
Sec. 74519. Thifensulfuron-methyl and Fluroxypyr formulations.
Sec. 74520. Aciflurofen formulations.
Sec. 74521. S-Metolachlor and Mestrione herbicides.
Sec. 74522. Metribuzin formulations.
Sec. 74523. Pendimethaline and Metribuzine formulations.
Sec. 74524. Formulations of S-Metolachlor and Metribuzin.
Sec. 74525. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 74526. Metsulfuron-methyl formulations.
Sec. 74527. Chlorimuron-ethyl formulations.
Sec. 74528. Mixtures of Bromoxynil octanoate and Bromoxynil heptanoate.
Sec. 74529. Sulfometuron-methyl and Metsulfuron-methyl formulations.
Sec. 74530. Chlorimuron-ethyl and Tribenuron-methyl formulations.
Sec. 74531. Formulations containing Tiafenacil.
Sec. 74532. Diuron 80.
Sec. 74533. Flazasulfuron herbicides.
Sec. 74534. Thifensulfuron-methyl formulations.
Sec. 74535. Herbicide for farm and ranch use.
Sec. 74536. Propanil formulations.
Sec. 74537. Thifensulfuron formulations.
Sec. 74538. Tolpyralate and Nicosulfuron herbicides.
Sec. 74539. Mixtures of magnesium salts and application adjuvants.

  † HR 4521 EAS
                                   26
Sec. 74540. Nisin formulations.
Sec. 74541. Certain fixatives.
Sec. 74542. Fuel oil additives: cold flow improvers containing poly(ethylene-co-
                 ethenyl acetate).
Sec. 74543. Fuel oil additives: cold flow improvers containing fumarate vinyl ac-
                 etate co-polymer.
Sec. 74544. Crude oil additives: cold flow improvers containing fumarate vinyl
                 acetate copolymer.
Sec. 74545. Pour point depressants.
Sec. 74546. Fuel oil additives: cold flow improvers containing poly (ethylene-co-
                 ethenyl acetate and vinyl 2-ethyl hexanoate).
Sec. 74547. Poly(isobutylene) hydroformylation products.
Sec. 74548. Input for rubber products.
Sec. 74549. Mixtures of oligomers as general antioxidants for rubber tires.
Sec. 74550. Benzene, 2,4-diisocyanato-1,3,5-tris(1-methylethyl)-, homopolymer.
Sec. 74551. Aromatic amine antioxidants.
Sec. 74552. Antioxidant blends.
Sec. 74553. Antioxidant blends to protect polymers.
Sec. 74554. Synthetic hydrotalcite coated with fatty acid and magnesium stea-
                 rate.
Sec. 74555. Silica scorch retarders and polymerization inhibitors.
Sec. 74556. Synthetic hydrotalcite.
Sec. 74557. Light stabilizers for construction products.
Sec. 74558. Light stabilizer for plastics.
Sec. 74559. Preparations of bis(2,4-dichlorobenzoyl) peroxide 50 percent paste.
Sec. 74560. Distilled tall oils.
Sec. 74561. Pyridine, alkyl derivatives.
Sec. 74562. Polyisocyanate crosslinking agents.
Sec. 74563. Bonding agent mixtures.
Sec. 74564. Liquid, chemically modified amine complex of boron trifluoride.
Sec. 74565. Phthalocyanine derivative.
Sec. 74566. Mixtures of Cocamidopropyl betaine, glycol distearate, Laureth-4,
                 and water.
Sec. 74567. Mixtures of tall oil mono-, di-, and triglycerides.
Sec. 74568. Tallow-bis(2-hydroxyethyl) amines.
Sec. 74569. Additive mixtures for metalworking fluids.
Sec. 74570. Naphthenic acids.
Sec. 74571. Hydroxytyrosol powders.
Sec. 74572. Secondary alcohol ethoxylates.
Sec. 74573. Ethylene glycol dimerate.
Sec. 74574. Two-part liquid silicone kits.
Sec. 74575. Hydrophobic precipitated silica.
Sec. 74576. Silane, trimethoxyoctyl-, hydrolysis products.
Sec. 74577. 1,1,1-Trimethyl-N-(trimethylsilyl)silanamine hydrolysis products.
Sec. 74578. Waterborne epoxy curing agents.
Sec. 74579. Preparations based on 1-phenylicosane-1,3-dione.
Sec. 74580. Mixtures of 2-Mercaptopropionic acid, methyl ester, O-ethyl
                 dithiocarbonate.
Sec. 74581. Epoxy curing agents.
Sec. 74582. Aliphatic amine curing agents.
Sec. 74583. Non-halogenated flame retardants.
Sec. 74584. Ligaphob N 90.
Sec. 74585. Organomodified siloxane.
Sec. 74586. Methyl palmitate-stearate, hydrogenated.
Sec. 74587. Olfine E1010.

  † HR 4521 EAS
                                    27
Sec. 74588. Certain non-halogenated flame retardants.
Sec. 74589. Flame retardants.
Sec. 74590. Preparations based on acetyl hexapeptide-8 and pentapeptide-18.
Sec. 74591. Lithium silicon oxide.
Sec. 74592. Branched olefin from propylene polymerization.
Sec. 74593. Polypropylene pellets.
Sec. 74594. Propylene-ethylene copolymer.
Sec. 74595. Ethylene-propylene copolymers.
Sec. 74596. Benzene alkylated with polypropylene.
Sec. 74597. Chlorinated polyolefin.
Sec. 74598. Adsorbent resin.
Sec. 74599. Vinyl chloride-hydroxypropyl acrylate copolymer.
Sec. 74600. Vinyl chloride ethylene copolymer with hydrophic properties.
Sec. 74601. Fluids with boiling points above 170 °C.
Sec. 74602. Formulations of functionalized perfluoropolyether.
Sec. 74603. Perfluoropolyether-urethane acrylate.
Sec. 74604. PVDF homopolymer/PVDF/CTFE copolymer mixtures.
Sec. 74605. Chemically modified PVDF.
Sec. 74606. Fluoropolymer, fluoroethylene-alkyl vinylether alternative copolymers.
Sec. 74607. Copolymer of vinyl acetate and higher vinyl esters.
Sec. 74608. Food-grade vinyl acetate copolymer.
Sec. 74609. Vinyl chloride ethylene with enhanced properties.
Sec. 74610. Vinyl acetate ethylene copolymer with enhanced properties.
Sec. 74611. Food-grade polyvinyl acetate homopolymers.
Sec. 74612. Acrylic acid/vinylsulphonate random copolymers.
Sec. 74613. Poly(methyl methacrylate) microspheres.
Sec. 74614. Methyl methacrylate crosspolymer microspheres.
Sec. 74615. Styrene acrylate copolymer with enhanced properties.
Sec. 74616. Copolymer for dental use.
Sec. 74617. Vinyl phosphonic acid, acrylic acid copolymer, 20 percent solution in
                 water.
Sec. 74618. Polyacrylate 33.
Sec. 74619. AA/AMPS copolymer.
Sec. 74620. Flocculant dry polyacrylamides.
Sec. 74621. Sorbitol, propylene oxide, ethylene oxide polymer.
Sec. 74622. Trimethoxysilylpropylcarbamate-terminated polyether.
Sec. 74623. Dimethoxy(methyl)silylmethylcarbamate-terminated polyether.
Sec. 74624. Curing agent is used in two- or three-parts epoxy systems.
Sec. 74625. Polyethylene glycol 450.
Sec. 74626. Medicinal intermediate for investigational use.
Sec. 74627. Pegcetacoplan.
Sec. 74628. Aqueous solutions of carboxylic acid-copolymer-salt in water.
Sec. 74629. Aqueous solutions of a modified polymer bearing hydrophilic and hy-
                 drophobic groups.
Sec. 74630. Dimethylamine/epichlorohydrin/ethylenediamine copolymer.
Sec. 74631. Linear hydroxyl-terminated aliphatic polycarb diol.
Sec. 74632. Short hollow PET fibers.
Sec. 74633. Polytetrahydrofuran.
Sec. 74634. Crystalline polyesters.
Sec. 74635. Liquid crystal polymers.
Sec. 74636. Branched polyesters.
Sec. 74637. High molecular weight co-polyester.
Sec. 74638. High molecular weight co-polyester.
Sec. 74639. Polyester-polyamide dispersants.
Sec. 74640. Nylon-12 micro-spheres.

  † HR 4521 EAS
                                    28
Sec. 74641. Short nylon-66 fibers.
Sec. 74642. Short nylon 6 fibers, colored.
Sec. 74643. Short triangular nylon 6 fibers.
Sec. 74644. Short star-shaped nylon 6 fibers.
Sec. 74645. Short heart-shaped nylon 6 fibers.
Sec. 74646. PA510 polymer compounds.
Sec. 74647. MXD6 polymer compounds.
Sec. 74648. PA10T polymer compounds.
Sec. 74649. PA10T/10I polymer compounds.
Sec. 74650. Polyurethane aqueous resins.
Sec. 74651. Aqueous resin.
Sec. 74652. Aliphatic polyisocyanate.
Sec. 74653. IPDI and HDI based aliphatic polyisocyanate.
Sec. 74654. HDI/Trimethylol hexyllactone crosspolymer micro-spheres.
Sec. 74655. HDI/PPG/Polycaprolactone crosspolymer micro-spheres.
Sec. 74656. Aromatic isocyanate prepolymer.
Sec. 74657. Blocked polyisocyanate containing solvent.
Sec. 74658. Polyisocyanate adduct for powder coatings.
Sec. 74659. Blocked polyisocyanate for use in can and coil applications.
Sec. 74660. Polydimethylsiloxane.
Sec. 74661. Silicone resins.
Sec. 74662. Methoxyfunctional methyl-phenyl polysiloxane.
Sec. 74663. Hydrogenpolysiloxane.
Sec. 74664. Methyl silicone resins.
Sec. 74665. Trimethylsiloxysilicate.
Sec. 74666. Epoxy functional polydimethylsiloxane.
Sec. 74667. Polymethylhydrogensiloxane.
Sec. 74668. Vinyl terminated siloxanes.
Sec. 74669. Silicone hybrid resin (solvent free).
Sec. 74670. Hydrogenated polycyclopentadiene resin.
Sec. 74671. Water dispersable HDI based polyisocyanate.
Sec. 74672. Cyanate ester resins for high-end electronic, aerospace, and industrial
                 applications.
Sec. 74673. Polyethyleneimine, component used in manufacturing medical de-
                 vices.
Sec. 74674. Polyhexanide.
Sec. 74675. Ethylene-norbornene copolymer.
Sec. 74676. Cellulose powder.
Sec. 74677. Polymaltotriose.
Sec. 74678. Chitosan.
Sec. 74679. Plastic drinking straws.
Sec. 74680. Garden hoses.
Sec. 74681. Plastic fittings of perfluoroalkoxy.
Sec. 74682. Low density polyethylene (LDPE) sheeting.
Sec. 74683. Biaxially oriented dielectric polypropylene film.
Sec. 74684. Biaxially oriented polypropylene (BOPP) capacitor-grade film.
Sec. 74685. Polyester capacitor-grade film.
Sec. 74686. Acid form membranes.
Sec. 74687. Melamine resin foam.
Sec. 74688. Infant bathtubs and basins, of plastics.
Sec. 74689. Boxes, cases, crates, and similar articles of plastics.
Sec. 74690. Nozzles, black, of polypropylene.
Sec. 74691. Tip/cap combinations of polyethylene.
Sec. 74692. Bottles made of LDPE.
Sec. 74693. Plastic nasal irrigator caps for neti pots.

  † HR 4521 EAS
                                   29
Sec. 74694. Toy character bottle toppers.
Sec. 74695. Melamine platters, other than those presented in sets.
Sec. 74696. Melamine plates, other than those presented in sets.
Sec. 74697. Melamine bowls not presented in sets.
Sec. 74698. Melamine trays not presented in sets.
Sec. 74699. Plastic measuring cups and spoons in sets.
Sec. 74700. Liquid measuring cups.
Sec. 74701. Self-anchoring beverage containers.
Sec. 74702. PVC infant bathtub mats.
Sec. 74703. Reversible playmats.
Sec. 74704. Craft mats.
Sec. 74705. Hangers.
Sec. 74706. Infant bath rinsing cups.
Sec. 74707. Bathtub spout covers.
Sec. 74708. Infant teethers.
Sec. 74709. Lighted dog fetch toys.
Sec. 74710. Certain thermoplastic nylon 3-gang switch wallplates.
Sec. 74711. Manual plastic disposable cutlery dispensers.
Sec. 74712. Ear bulb syringes of clear silicone.
Sec. 74713. PVC inflatable pillows.
Sec. 74714. Self-inflatable queen air mattresses.
Sec. 74715. Plastic clip fasteners.
Sec. 74716. Self-venting spouts for diesel exhaust fluid.
Sec. 74717. Plastic pet carriers.
Sec. 74718. Plastic mixing tips.
Sec. 74719. Cable ties of plastics.
Sec. 74720. Flexible camera mountings.
Sec. 74721. Three-piece camera mount sets.
Sec. 74722. Magnetic swivel clips for cameras.
Sec. 74723. Helmet camera mounts.
Sec. 74724. Short extension poles for use with cameras.
Sec. 74725. Long extension poles for cameras.
Sec. 74726. Swivel mounts for cameras.
Sec. 74727. Tripod camera mounts.
Sec. 74728. Bulk hydraulic hoses.
Sec. 74729. Brake hydraulic hoses.
Sec. 74730. Bulk fabric/metal-reinforced rubber hoses.
Sec. 74731. Disposable gloves.
Sec. 74732. Reusable gloves.
Sec. 74733. Dog and cat apparel.
Sec. 74734. Polycarbonate vanity cases.
Sec. 74735. Aluminum vanity cases.
Sec. 74736. Suitcases with outer surface of aluminum with built-in zipper locks.
Sec. 74737. Drawstring backpacks with zippered pocket.
Sec. 74738. Laminated recycled reusable shopping tote bags.
Sec. 74739. Tote bags of paper yarn.
Sec. 74740. Reusable shopping style tote bags.
Sec. 74741. Waterproof tote bags.
Sec. 74742. Waterproof duffle bags.
Sec. 74743. Waterproof zippered bags, without handles, of plastic sheeting.
Sec. 74744. Waterproof backpacks.
Sec. 74745. Waterproof waist packs.
Sec. 74746. Guitar cases.
Sec. 74747. Jewelry boxes.
Sec. 74748. Silicone rubber camera cases with straps.

  † HR 4521 EAS
                                     30
Sec. 74749. Leather gloves with flip mitts for hunting.
Sec. 74750. Men’s leather gloves valued at $18 or more per pair.
Sec. 74751. Belts of calf skin.
Sec. 74752. Bamboo engineered flooring: 12.5–12.9 mm thick.
Sec. 74753. Bamboo engineered flooring: 14.1–14.5 mm thick.
Sec. 74754. Bamboo engineered flooring: 15.7–16.1 mm thick.
Sec. 74755. Strand bamboo flooring: 12.5–12.9 mm thick.
Sec. 74756. Strand bamboo flooring: 14.1–14.5 mm thick.
Sec. 74757. Strand bamboo flooring: 10.9–11.3 mm thick.
Sec. 74758. Chopsticks made of bamboo.
Sec. 74759. Drying racks of wood.
Sec. 74760. Bamboo skewers.
Sec. 74761. Wood blinds with louvered slats.
Sec. 74762. 100 percent cotton woven crimped unbleached fabric.
Sec. 74763. Woven fabrics of cotton, containing 85 percent or more by weight of
                 cotton, not more than 200 grams per square meter.
Sec. 74764. 100 percent cotton woven bleached fabric pieces, open weave.
Sec. 74765. Incontinence underpad fabrics of cotton.
Sec. 74766. Woven fabrics of cotton with an average yarn number between 55 and
                 60.
Sec. 74767. Woven fabric of cotton of yarn number 69 or higher.
Sec. 74768. Woven fabrics of cotton with an average yarn number exceeding 68.
Sec. 74769. Incontinence underpad fabrics, cotton, plain weave, of yarn number
                 42 or lower.
Sec. 74770. Incontinence underpad fabrics, cotton, plain weave, of yarn number
                 between 43 and 68.
Sec. 74771. Incontinence underpad fabrics, bleached.
Sec. 74772. Incontinence underpad fabrics, printed.
Sec. 74773. Untwisted filament polyvinyl alcohol yarn, measuring 1,100 to 1,330
                 decitex.
Sec. 74774. Untwisted filament polyvinyl alcohol yarn.
Sec. 74775. Polypropylene (PP) monofilament.
Sec. 74776. Acrylic fiber tow with an average decitex of 0.9.
Sec. 74777. Black polyester bi-component fibers.
Sec. 74778. Acrylic staple fibers with an average decitex of 2.2, fiber length of 100
                 mm.
Sec. 74779. Modacrylic staple fibers not processed for spinning.
Sec. 74780. Short polypropylene fibers.
Sec. 74781. Polyoxadiazole fibers.
Sec. 74782. Artificial staple fibers of viscose rayon, 38–42 mm in length.
Sec. 74783. Artificial fibers of viscose rayon for the manufacture of feminine hy-
                 giene products.
Sec. 74784. Flame retardant rayon fibers, measuring 4.78 decitex.
Sec. 74785. Flame retardant rayon fibers, measuring 4.55 decitex.
Sec. 74786. Flame retardant rayon fibers, measuring 4.4 decitex.
Sec. 74787. Other flame retardant rayon fibers.
Sec. 74788. Cellulosic man-made viscose rayon staple fibers, measuring 1.3–1.5
                 decitex.
Sec. 74789. Viscose rayon staple fibers, measuring 1.5–1.67 decitex, with a fiber
                 length of 38–42 mm.
Sec. 74790. Cellulosic man-made viscose rayon staple fibers, measuring 1.67–2
                 decitex.
Sec. 74791. Viscose rayon staple fibers, measuring 1–2 decitex, with a fiber length
                 of 4–8 mm.
Sec. 74792. Viscose staple fibers used in textile, medical, or hygiene applications.

   † HR 4521 EAS
                                     31
Sec. 74793. Viscose rayon staple fibers, measuring 1.51–2 decitex, with a fiber
                 length of 8–16 mm.
Sec. 74794. Viscose rayon staple fibers, measuring 1–1.5 decitex, with a fiber
                 length of 8–16 mm.
Sec. 74795. Flame retardant viscose rayon staple fibers, with a decitex of 4.7 mm
                 and a fiber length of 51–60 mm.
Sec. 74796. Viscose rayon staple fibers for nonwoven production.
Sec. 74797. Black viscose rayon staple fibers.
Sec. 74798. Acrylic or modacrylic staple fibers with a decitex of 3–5.6.
Sec. 74799. Made up hand-cast string-drawn fishing nets.
Sec. 74800. Knitted carpets containing 75 percent or more of cotton, with a rub-
                 ber backing.
Sec. 74801. Knitted carpets containing 75 percent or more by weight of polyester,
                 with a rubber backing.
Sec. 74802. Faux leather fabrics.
Sec. 74803. Grass catcher bags.
Sec. 74804. Oxygenation membrane capillary material.
Sec. 74805. Textile knitted fabrics composed of micromodal and elastane.
Sec. 74806. Textile technical knitted fabrics combining technical cotton and
                 elastane.
Sec. 74807. Textile knit fabrics of modal, cashmere, and spandex.
Sec. 74808. Women’s and girls’ dresses, knitted or crocheted, of synthetic fibers in-
                 fused with minerals.
Sec. 74809. Women’s and girls’ skirts and divided skirts of synthetic fibers in-
                 fused with minerals.
Sec. 74810. Women’s and girls’ knit cardigans or pullovers containing 70 percent
                 or more of silk.
Sec. 74811. Men’s and boys’ knit cardigans or pullovers of linen.
Sec. 74812. Babies’ knit sweaters, pullovers, sweatshirts, waistcoats (vests), and
                 cardigans, of artificial fibers.
Sec. 74813. Women’s and girls’ tops, knitted or crocheted, of man-made fibers in-
                 fused with minerals.
Sec. 74814. Men’s and boy’s tops, knitted or crocheted, of man-made fibers infused
                 with minerals.
Sec. 74815. Men’s 3 mm wetsuits.
Sec. 74816. Men’s 5.5 and 6.5 mm wetsuits.
Sec. 74817. Men’s 3.5 mm wetsuits.
Sec. 74818. Men’s 4.5 mm wetsuits.
Sec. 74819. Women’s 3 mm wetsuits.
Sec. 74820. Women’s 3.5 mm wetsuits.
Sec. 74821. Women’s 4.5 mm wetsuits.
Sec. 74822. Women’s 5.5 and 6.5 mm wetsuits.
Sec. 74823. Insulated handmuffs of knit polyester.
Sec. 74824. Men’s stockingfoot wader bottom subassemblies, of compressed neo-
                 prene.
Sec. 74825. Men’s stockingfoot wader bottom subassemblies, of non-compressed ne-
                 oprene.
Sec. 74826. Fishing wader pocket pouch assemblies.
Sec. 74827. Women’s coats of man-made woven fibers.
Sec. 74828. Men’s or boys’ linen woven trousers.
Sec. 74829. Men’s or boys’ linen woven shorts.
Sec. 74830. Martial arts uniforms.
Sec. 74831. Women’s dresses of woven viscose.
Sec. 74832. Girls’ woven cotton corduroy trousers.
Sec. 74833. Women’s woven waffle shirts.

   † HR 4521 EAS
                                   32
Sec. 74834. Babies’ woven artificial fiber shirts and blouses.
Sec. 74835. Babies’ artificial fiber woven jumpsuits, coveralls, dresses, skirts,
                 skirtalls, or clothing accessories.
Sec. 74836. Women’s or girls’ linen woven blouses, shirts and shirt-blouses, and
                 sleeveless tank styles.
Sec. 74837. Women’s or girls’ linen woven washsuits, sunsuits, or one-piece play-
                 suits.
Sec. 74838. Women’s or girls’ linen woven coveralls or jumpsuits.
Sec. 74839. Women’s shawls and similar goods, 100 percent silk.
Sec. 74840. Winter cycling gloves.
Sec. 74841. Mattress protectors with toppers.
Sec. 74842. Printed mattress protectors.
Sec. 74843. Lock pocket tents.
Sec. 74844. Dark room tents.
Sec. 74845. Air tube chambered tents.
Sec. 74846. Bi-component microfiber tube mop refills.
Sec. 74847. Microfiber duster refills.
Sec. 74848. RFID mop pads.
Sec. 74849. Microfiber cleaning cloths.
Sec. 74850. Microfiber mop pads.
Sec. 74851. Golf bag bodies with rain hoods and straps.
Sec. 74852. Pillow shells, constructed with gussets.
Sec. 74853. Golf bag body flats.
Sec. 74854. Bathtub elbow rests.
Sec. 74855. Door swings.
Sec. 74856. Under bed restraints.
Sec. 74857. Flat golf bag body components, without bottoms.
Sec. 74858. Bath kneeler.
Sec. 74859. Pillow shells, with oval jacquard weave.
Sec. 74860. Two-piece camera mount kits.
Sec. 74861. Sleeve covers.
Sec. 74862. Sports footwear for men, valued over $20 per pair.
Sec. 74863. Sports footwear for women, valued over $20 per pair.
Sec. 74864. Men’s cycling shoes valued over $18 per pair.
Sec. 74865. Women’s cycling shoes valued over $16 per pair.
Sec. 74866. Men’s golf shoes with outers and uppers of rubber or plastics, valued
                 over $20 per pair.
Sec. 74867. Golf shoes other than for men, with outers and uppers of rubber or
                 plastics, valued over $20 per pair.
Sec. 74868. Winter cycling boots for men.
Sec. 74869. Winter cycling boots for women.
Sec. 74870. Men’s protective active footwear with waterproof soles, valued over
                 $26 per pair, covering the ankle.
Sec. 74871. Women’s protective active footwear with waterproof soles, valued over
                 $27 per pair, 15.35–25.4 cm in height.
Sec. 74872. Children’s protective active footwear with waterproof soles, valued
                 over $18 per pair.
Sec. 74873. Men’s protective active footwear with waterproof soles, valued over
                 $27 per pair, 15.35–25.4 cm in height.
Sec. 74874. Children’s footwear valued over $15 per pair.
Sec. 74875. Women’s protective active footwear, valued over $25 per pair, 15.35–
                 25.4 cm in height.
Sec. 74876. Women’s rubber or plastic footwear covering the ankle with fox-like
                 banding.
Sec. 74877. Cheer shoes covering the ankle.

  † HR 4521 EAS
                                     33
Sec. 74878. Footwear for women, with 90 percent of the external surface of rubber
                 or plastic, valued $15–$22 per pair.
Sec. 74879. Sideline cheer shoes.
Sec. 74880. Men’s athletic footwear, valued under $9 per pair.
Sec. 74881. Athletic footwear for women, valued not over $9 per pair.
Sec. 74882. Athletic footwear for children, valued not over $8 per pair.
Sec. 74883. Men’s golf shoes, with outer soles and uppers of rubber or plastics,
                 not covering the ankle, valued $15 per pair or over.
Sec. 74884. Golf shoes other than for men, with outer soles and uppers of rubber
                 or plastics, not covering the ankle, valued $15 per pair or over.
Sec. 74885. Men’s rubber/plastic footwear, valued not over $5 per pair.
Sec. 74886. Women’s rubber/plastic footwear, valued not over $6 per pair.
Sec. 74887. Children’s athletic shoes with glitter uppers.
Sec. 74888. Cheer shoes with sole less than 12 mm.
Sec. 74889. Men’s golf shoes with outers and uppers of rubber or plastics, valued
                 over $19 per pair.
Sec. 74890. Golf shoes other than for men, outer soles and uppers of rubber or
                 plastics, valued over $19 per pair.
Sec. 74891. Men’s golf shoes, outer soles of rubber, plastics, leather or composition
                 leather and uppers of leather (except pigskin uppers).
Sec. 74892. Men’s oxford work footwear with metal safety toe and internal meta-
                 tarsal protection.
Sec. 74893. Oxford-style leather footwear with metal safety toe and static dis-
                 sipating protection.
Sec. 74894. Women’s leather footwear, lined with pigskin with zipper, valued
                 $47–$60 per pair.
Sec. 74895. Women’s leather footwear, lined with pigskin, valued $31–$40 per
                 pair.
Sec. 74896. Women’s slip-on cow/calf hair footwear, valued $50–$60 per pair.
Sec. 74897. Women’s leather footwear lined with sheepskin.
Sec. 74898. Women’s leather slip-on footwear lined with sheep leather.
Sec. 74899. Women’s leather slip-on footwear lined with pigskin.
Sec. 74900. Women’s leather footwear, lined with pigskin, valued $21–$27 per
                 pair.
Sec. 74901. Men’s mid-cut work footwear with composite safety toe and water-
                 proof leather uppers.
Sec. 74902. Men’s leather upper footwear, San Crispino construction, valued over
                 $32 per pair.
Sec. 74903. Men’s leather upper athletic footwear.
Sec. 74904. Women’s footwear with leather uppers, lined with pigskin, valued
                 $37–$43 per pair.
Sec. 74905. Women’s footwear with leather uppers, lined with pigskin, valued
                 $88–$102 per pair.
Sec. 74906. Women’s footwear with leather uppers, lined with pigskin, valued
                 $24–$32 per pair.
Sec. 74907. Women’s footwear with leather uppers, lined with pigskin, valued
                 $57–$62 per pair.
Sec. 74908. Women’s footwear with leather uppers, strap with closed toe and open
                 heel.
Sec. 74909. Open toe women’s footwear, valued over $23 but not over $27 per
                 pair.
Sec. 74910. Slip-on footwear for women, valued over $24 but not over $27 per
                 pair.
Sec. 74911. Women’s footwear with leather uppers, lined with pigskin, closed toe
                 or heel with functional zippers on sides.

   † HR 4521 EAS
                                      34
Sec. 74912. Women’s footwear with leather uppers, lined with pigskin, closed toe
                 or heel with zipper closure, height of 43–48 cm.
Sec. 74913. Women’s footwear with leather uppers, lined with pigskin covering
                 the knee.
Sec. 74914. Women’s footwear with leather uppers, lined with pigskin, closed toe
                 or heel with zipper closure, height of 48–52 cm.
Sec. 74915. Women’s footwear with leather uppers, open toe with strap and buck-
                 le, valued $14–$25 per pair.
Sec. 74916. Women’s slip-on footwear with bovine leather uppers.
Sec. 74917. Women’s footwear with leather uppers, lined with pigskin with ad-
                 justable laces.
Sec. 74918. Men’s waterproof leather footwear, valued $27 per pair or higher.
Sec. 74919. Men’s or boys’ golf shoes, valued $30 per pair or higher.
Sec. 74920. Competitive cheer shoes with leather uppers.
Sec. 74921. Children’s waterproof leather footwear, not covering the ankle, valued
                 $14 per pair or higher.
Sec. 74922. Women’s footwear with leather uppers, open toe with strap and buck-
                 le, valued $12.50–$28 per pair.
Sec. 74923. Women’s footwear with leather uppers, closed toe with strap and
                 buckle.
Sec. 74924. Women’s footwear with leather uppers, with strap and buckle, valued
                 $27–$40 per pair.
Sec. 74925. Women’s footwear with leather uppers, with strap and buckle, valued
                 $12.70–$18.70 per pair.
Sec. 74926. Children’s leather upper athletic footwear, valued not over $9 per
                 pair.
Sec. 74927. Men’s athletic type footwear with uppers of textile materials of vege-
                 table fibers and outer soles of rubber or plastic with textile flock-
                 ing.
Sec. 74928. Athletic footwear for men, with a bellows tongue, valued over $6.50
                 but not over $12 per pair.
Sec. 74929. Athletic footwear for women, with a bellows tongue, valued over $6.50
                 but not over $12 per pair.
Sec. 74930. Athletic footwear for children, bellows tongue, valued over $6.50 but
                 not over $12 per pair.
Sec. 74931. Athletic footwear for men, valued over $6.50 but not over $9 per pair.
Sec. 74932. Athletic footwear for children, valued over $6.50 but not over $9 per
                 pair.
Sec. 74933. Men’s waterproof footwear, valued over $15 per pair, covering the
                 ankle.
Sec. 74934. Men’s waterproof footwear, valued over $13 per pair, not covering the
                 ankle.
Sec. 74935. Women’s waterproof footwear, valued over $15 per pair, covering the
                 ankle.
Sec. 74936. Women’s waterproof footwear, valued over $13 per pair, not covering
                 the ankle.
Sec. 74937. Cheer shoes with uppers of textile materials.
Sec. 74938. Men’s golf shoes, uppers of textile materials.
Sec. 74939. Golf shoes other than for men, uppers of textile materials.
Sec. 74940. Women’s footwear with textile uppers and 50 percent or more of the
                 surface area of which is leather.
Sec. 74941. Shoe and boot covers.
Sec. 74942. Women’s footwear with textile uppers, open toes or heels, valued $15–
                 $30 per pair.


   † HR 4521 EAS
                                    35
Sec. 74943. Men’s textile upper footwear, with open toes or open heels, valued not
                 over $12 per pair.
Sec. 74944. Women’s textile upper footwear, with open toes or open heels, valued
                 not over $12 per pair.
Sec. 74945. Children’s textile upper footwear, with open toes or open heels, valued
                 not over $12 per pair.
Sec. 74946. Oxford footwear with textile upper and composite toe, valued at $12–
                 $20 per pair.
Sec. 74947. Oxford-style footwear for men or women with textile uppers, with an
                 alloy safety toecap and static dissipating protection.
Sec. 74948. Oxford-style work footwear with steel safety toe and static dissipating
                 protection.
Sec. 74949. Women’s footwear, covering the ankle but not the knee, valued over
                 $24 per pair.
Sec. 74950. Men’s textile upper footwear, not covering the ankle, valued over $24
                 per pair.
Sec. 74951. Oxford footwear with textile uppers and composite toe, valued over
                 $20 per pair.
Sec. 74952. Men’s mid-cut footwear with a textile upper and a protective toe cap.
Sec. 74953. Women’s footwear with leather soles and textile uppers, open toes or
                 heels, valued $12–$24 per pair.
Sec. 74954. Footwear for women valued over $20 but not over $24 per pair.
Sec. 74955. Women’s footwear with leather soles and textile uppers, valued $15–
                 $20 per pair.
Sec. 74956. Women’s footwear with leather soles and textile uppers, valued $20–
                 $25 per pair.
Sec. 74957. Women’s footwear with cork soles and textile uppers.
Sec. 74958. Men’s footwear with felt soles, not covering the ankle, valued $20 per
                 pair or higher.
Sec. 74959. Women’s and girls’ footwear with cork uppers, valued less than $25
                 per pair.
Sec. 74960. Women’s footwear with cow/calf hair uppers, valued $35–$40 per
                 pair, covering the ankle.
Sec. 74961. Women’s footwear with cow/calf hair uppers, valued $35–$40 per
                 pair, not covering the ankle.
Sec. 74962. Women’s footwear with cow/calf hair uppers, valued $19–$25 per
                 pair.
Sec. 74963. Women’s footwear with cow/calf hair uppers, valued $50–$55 per
                 pair.
Sec. 74964. Women’s footwear, leather soles and rubber/plastic uppers, valued
                 $16–$18 per pair.
Sec. 74965. Women’s footwear with cow/calf hair uppers, valued $19–$34 per
                 pair.
Sec. 74966. Footwear for women, valued over $50 but not over $60 per pair.
Sec. 74967. Calf hair upper footwear.
Sec. 74968. Gaiters of man-made fibers.
Sec. 74969. Hats of vegetable fibers.
Sec. 74970. Hairnets.
Sec. 74971. Cotton knit hats, valued $8 or less.
Sec. 74972. Babies’ woven cotton hats.
Sec. 74973. Hats of man-made fiber, valued $5–$25.
Sec. 74974. Waterproof and insulated hats with ear flaps, valued over $15.
Sec. 74975. Fishing wading staffs.
Sec. 74976. Plastic plants for aquariums, not glued or bound.
Sec. 74977. Natural stone ledger tile of sandstone.

  † HR 4521 EAS
                                     36
Sec. 74978. Marble mosaic and pebble tiles.
Sec. 74979. Natural stone limestone tiles.
Sec. 74980. Natural stone marble tiles.
Sec. 74981. Waterjet natural stone mosaic tile.
Sec. 74982. Marble entertaining and serveware.
Sec. 74983. Articles of marble for kitchen and dining room.
Sec. 74984. Natural stone ledger tiles of travertine.
Sec. 74985. Travertine decorative tile.
Sec. 74986. Limestone decorative tiles.
Sec. 74987. Blank, embossed, and printed stoneware coaster disks and trivets.
Sec. 74988. Rolled green glass sheets.
Sec. 74989. Framed rear-view mirrors.
Sec. 74990. Wall mirrors, unframed.
Sec. 74991. Wall mirrors, framed.
Sec. 74992. Stemware (crystalline) drinking glasses valued over $0.30 but not
                 over $3 each, other than those presented in sets.
Sec. 74993. Double-walled insulated glass tumblers.
Sec. 74994. Diamond-shaped stemmed wine glasses.
Sec. 74995. Twisted-center stemless wine glass.
Sec. 74996. Crystalline drinking glasses, without stems, not in sets.
Sec. 74997. Double-walled insulated glass bowls.
Sec. 74998. Leaf-shaped glass decanters.
Sec. 74999. Set of four appetizer plates made of glass with steel caddy holder, val-
                 ued at $2 each.
Sec. 75000. Spice rack with glass jars and wooden lids valued not over $3 each.
Sec. 75001. Glass lens blanks for infrared applications.
Sec. 75002. Hair accessories of glass beads, imitation pearls, and imitation
                 stones, valued less than $7.
Sec. 75003. Filter bags with acid-resistant coating, of woven fiberglass laminated
                 to ePTFE, weighing at least 325 g/m2 but not over 350 g/m2.
Sec. 75004. Fiberglass replacement wicks for outdoor garden torch.
Sec. 75005. Filter bags of woven fiberglass fabric laminated to an ePTFE, with
                 a polytetrafluoroethylene coated backing, not acid resistant,
                 weighing at least 721 g/m2 but not over 771 g/m2.
Sec. 75006. Silver catalyst.
Sec. 75007. Silver round blanks.
Sec. 75008. Ferroboron alloy.
Sec. 75009. Cast iron nonmalleable threaded main body combo castings for resi-
                 dential fuel oil tanks.
Sec. 75010. Cast iron nonmalleable threaded vent caps for residential fuel oil
                 tanks.
Sec. 75011. Cast iron nonmalleable threaded bushings for residential fuel oil
                 tanks.
Sec. 75012. Cast iron nonmalleable threaded tank adapters for residential fuel oil
                 tanks.
Sec. 75013. Cast iron nonmalleable threaded fill alarm main body for residential
                 fuel oil tanks.
Sec. 75014. Cast iron nonmalleable threaded fill box caps for residential fuel oil
                 tanks.
Sec. 75015. Cast iron nonmalleable threaded leg flanges for residential fuel oil
                 tanks.
Sec. 75016. Portable gas cooking stoves.
Sec. 75017. Portable outdoor cookers.
Sec. 75018. Self-anchored beverage containers.
Sec. 75019. Stainless steel handmade kitchen sinks.

   † HR 4521 EAS
                                 37
Sec. 75020. Loose frame baskets.
Sec. 75021. Two-story fire escape ladders.
Sec. 75022. Three-story fire escape ladders.
Sec. 75023. Work support stands of steel.
Sec. 75024. Locking fixtures of iron or steel.
Sec. 75025. Stainless steel phone handle-and-stand accessories.
Sec. 75026. Circular and S-shaped stainless steel carabiners.
Sec. 75027. Pieces of refined unwrought copper cathode 99.9999 percent pure.
Sec. 75028. Ultra-thin and wide-width aluminum foil.
Sec. 75029. Etched capacitor aluminum foil of a thickness 0.018–0.126 mm.
Sec. 75030. Stove top coffee makers.
Sec. 75031. Aluminum shower caddies.
Sec. 75032. Step stools of aluminum.
Sec. 75033. Aluminum ladders.
Sec. 75034. Circular and S-shaped aluminum carabiners.
Sec. 75035. Stationary sprinklers of zinc.
Sec. 75036. Tungsten waste and scrap.
Sec. 75037. Cobalt alloys.
Sec. 75038. Certain gallium (Ga).
Sec. 75039. Niobium (columbium) rings no thicker than 20 mm.
Sec. 75040. Tungsten secondary raw material.
Sec. 75041. Gear-driven bolt cutters and pipe cutters.
Sec. 75042. Rotary cutters.
Sec. 75043. Food graters.
Sec. 75044. Hand tools for applying plastic clip fasteners to garments.
Sec. 75045. Steel workstations with vises adjustable by foot pedal.
Sec. 75046. Fixed carbide cutter and roller cone drill bits.
Sec. 75047. Rotary food graters.
Sec. 75048. Coffee presses.
Sec. 75049. Vacuum insulated coffee servers with a brew-through lid.
Sec. 75050. Vacuum insulated coffee servers with no lid.
Sec. 75051. Vacuum insulated coffee servers with fitted hinged lid.
Sec. 75052. Commercial vacuum insulated coffee servers with sight gauge.
Sec. 75053. Commercial vacuum insulated coffee servers with plastic base.
Sec. 75054. Commercial vacuum insulated coffee servers with plastic base and
                 stand.
Sec. 75055. Craft knives with fixed pen-like or retractable blades.
Sec. 75056. Craft knives.
Sec. 75057. Blades for craft knives with non-fixed blades.
Sec. 75058. Ergonomic pinking shears.
Sec. 75059. Spring-action scissors.
Sec. 75060. Electronic locks for lockers.
Sec. 75061. Luggage locks of base metal, packaged for retail sale.
Sec. 75062. Key-operated door handles, push-pull-rotate.
Sec. 75063. Vent mounted magnetic mobile phone holder for automobiles.
Sec. 75064. Dash mounted magnetic mobile phone holder for automobiles.
Sec. 75065. Windshield mounted magnetic mobile phone holder for automobiles.
Sec. 75066. Steel latches with plastic plungers.
Sec. 75067. Non-key-operated door handles.
Sec. 75068. Curtain rings.
Sec. 75069. Brackets.
Sec. 75070. Curtain rods.
Sec. 75071. Curtain rod hardware.
Sec. 75072. Curtain tiebacks.
Sec. 75073. Curtain rod finials.

  † HR 4521 EAS
                                   38
Sec. 75074. Curved shower rods.
Sec. 75075. Shower hooks and rings.
Sec. 75076. Straight shower rods.
Sec. 75077. Steel window rods.
Sec. 75078. Antitheft steel cases with digital locks.
Sec. 75079. Stainless steel hose kits.
Sec. 75080. Stainless steel hoses.
Sec. 75081. Wrist watch strap buckles not over 18 mm.
Sec. 75082. Wrist watch strap buckles over 18 mm.
Sec. 75083. Used cylinder heads.
Sec. 75084. Cylinder heads used solely or principally with certain engines.
Sec. 75085. Engine blocks.
Sec. 75086. Swirler assemblies for turbines.
Sec. 75087. Barrels for fuel mixing.
Sec. 75088. Injector assemblies for certain turbines.
Sec. 75089. Stem assemblies for certain turbines.
Sec. 75090. Tip assemblies for non-gas turbines.
Sec. 75091. High pressure fuel pumps.
Sec. 75092. Dry scroll vacuum pumps 364x333x485 mm.
Sec. 75093. Dry scroll vacuum pumps 297x260x420 mm.
Sec. 75094. Dry scroll vacuum pumps 254x260x420 mm.
Sec. 75095. Dry scroll vacuum pumps 181x140x358 mm.
Sec. 75096. Turbomolecular vacuum pumps.
Sec. 75097. Rotary vane vacuum pumps valued over $500 each.
Sec. 75098. Vacuum diffusion pumps valued over $900 each.
Sec. 75099. Hand- or foot-operated air pumps.
Sec. 75100. Roof vent fans.
Sec. 75101. 12-Amp corded electric leaf blowers.
Sec. 75102. Cordless battery powered leaf blowers not exceeding 20 volts.
Sec. 75103. Cordless battery powered leaf blowers between 20 and 60 V.
Sec. 75104. Fan assemblies for cab climate systems.
Sec. 75105. Aquarium air pumps.
Sec. 75106. Heat pumps for residential use.
Sec. 75107. Heat pumps (outdoor units) for split air conditioner systems.
Sec. 75108. High-wall indoor units.
Sec. 75109. Single-zone outdoor units.
Sec. 75110. Mini heat pumps for split air conditioner systems.
Sec. 75111. Multi-zone outdoor unit ductless systems.
Sec. 75112. Indoor units of split air conditioner systems.
Sec. 75113. Ductless 18000 BTU heat pumps, single zone inverter.
Sec. 75114. Single-phase heat pump.
Sec. 75115. Steel vacuum pitchers with plastic hinged lid.
Sec. 75116. Oil filters.
Sec. 75117. Battery powered nasal irrigators.
Sec. 75118. Struts to absorb vibration.
Sec. 75119. Table saws (25.4 cm.), operable corded and cordless.
Sec. 75120. Sliding miter saws (25.4 cm) with laser, corded and cordless.
Sec. 75121. Electromechanical rotary hammers, corded and cordless.
Sec. 75122. Electromechanical hammer impact drivers, corded and cordless.
Sec. 75123. Rotary hammer drill tools with self-contained electric motor.
Sec. 75124. Drill driver tools with self-contained electric motor.
Sec. 75125. Extruders.
Sec. 75126. Three-dimensional drawing pens.
Sec. 75127. Professional grade three-dimensional drawing pens.
Sec. 75128. Electric multi-functional blower vacuums.

  † HR 4521 EAS
                                  39
Sec. 75129. Autosamplers (multisamplers) for liquid chromatographs.
Sec. 75130. Autosamplers (vialsamplers) for liquid chromatographs.
Sec. 75131. Hydraulic hammer assembly.
Sec. 75132. Segmented bladder-operated molds, with more than 25-inch rim di-
                 ameter.
Sec. 75133. Used valves for directional control.
Sec. 75134. Keg spears with pressure release valves.
Sec. 75135. Multiport distribution controllers.
Sec. 75136. Subsea modular trees.
Sec. 75137. Flow selector unit-multi-port 6-branch engine crankshafts.
Sec. 75138. Engine crankshafts.
Sec. 75139. Turbocharger journal bearings.
Sec. 75140. Mid-range bearing housings.
Sec. 75141. Heavy duty bearing housings.
Sec. 75142. Fixed ration gear boxes.
Sec. 75143. Track drive gear boxes.
Sec. 75144. Swing bearing assembly.
Sec. 75145. Gears for use in machinery or within engines.
Sec. 75146. 14Y stepper motors.
Sec. 75147. Air door actuators.
Sec. 75148. Servo motors.
Sec. 75149. DC brushed rhombic winding NdFeb magnet motors, with output
                 under 18.65 W.
Sec. 75150. DC brushed rhombic winding NdFeB magnet motors.
Sec. 75151. DC brushed rhombic winding AlNiCo magnet motors, with output
                 under 18.65 W.
Sec. 75152. DC brushless rhombic winding NdFeB magnet motors, with output
                 under 18.65 W.
Sec. 75153. DC brushed rhombic winding NdFeB magnet motors, with output
                 over 18.65 but not over 37.5 W.
Sec. 75154. DC brushed rhombic winding AlNiCo magnet motors, with output
                 over 18.65 W but not over 37.5 W.
Sec. 75155. DC brushless slotless rhombic winding NdFeB magnet motors output
                 over 18.65 W but not over 37.5 W.
Sec. 75156. DC brushed rhombic winding NdFeB magnet motors output over 37.5
                 W but not over 74.6 W.
Sec. 75157. DC brushless slotless rhombic winding NdFeB magnet motors output
                 over 37.5 W but not over 74.6 W.
Sec. 75158. Motors.
Sec. 75159. DC motors of an output exceeding 74.6 W but not exceeding 735 W.
Sec. 75160. DC motors, of an output exceeding 74.6 W but not exceeding 735 W.
Sec. 75161. DC brushed rhombic winding NdFeB magnet motors output over 74.6
                 W but not over 735 W.
Sec. 75162. DC brushless slotless rhombic winding NdFeB magnet motors output
                 over 74.6 W but not over 735 W.
Sec. 75163. DC motors of an output exceeding 750 W but not exceeding 14.92 kW.
Sec. 75164. DC electric motor for non-aircraft gas turbines.
Sec. 75165. AC alternators.
Sec. 75166. AC alternators with copper windings.
Sec. 75167. Wound stators and rotor assemblies.
Sec. 75168. Rotors.
Sec. 75169. Stators for washing machines, with a 27-tooth design.
Sec. 75170. Stators for washing machines, with an 18-tooth design.
Sec. 75171. Rotors for washing machines, with a height of 60.8 mm.
Sec. 75172. Rotors for washing machines, with a height of 49 mm.

  † HR 4521 EAS
                                     40
Sec. 75173. 6 V lead-acid storage batteries.
Sec. 75174. 12 V lead-acid storage batteries, used for the auxiliary source of
                 power.
Sec. 75175. Lead-acid storage batteries, used for wheelchairs.
Sec. 75176. 12 V lead-acid storage batteries, rated at less than 15 ampere-hours.
Sec. 75177. 12 V lead-acid storage batteries, rated at 15 ampere-hours or more.
Sec. 75178. Cell box assemblies, weighing 15 kg or more but not over 18 kg.
Sec. 75179. Cell box assemblies, weighing 30 kg or more but not over 36 kg.
Sec. 75180. Cell box assemblies, weighing 36 kg or more but not over 49 kg.
Sec. 75181. Cell box assemblies NX.
Sec. 75182. Food processors with a capacity greater than 2.9 liters but not ex-
                 ceeding 3.1 liters.
Sec. 75183. Food processors with a capacity greater than 1.6 liters but not ex-
                 ceeding 2.2 liters.
Sec. 75184. Cordless hand blenders.
Sec. 75185. Cordless hand mixers.
Sec. 75186. Corded hand blenders.
Sec. 75187. Burr coffee grinders.
Sec. 75188. Electric food processors with bowl scraper.
Sec. 75189. Electric food processors with snap-locking lid.
Sec. 75190. Electric juice extractors.
Sec. 75191. Electric drink mixers.
Sec. 75192. Spiralizing food processors with a capacity equal to or greater than
                 2.36 liters but not exceeding 2.64 liters.
Sec. 75193. Spiralizing food processors with a capacity equal to or greater than
                 2.83 liters but not exceeding 3.07 liters.
Sec. 75194. Dicing food processors.
Sec. 75195. Compact food processor with smoothie function.
Sec. 75196. Juice extractors.
Sec. 75197. Integrated baby food making systems.
Sec. 75198. Electric juice mixers and grinders.
Sec. 75199. Ultrasonic humidifiers.
Sec. 75200. Automatic litterboxes, valued no more than $100.
Sec. 75201. Electric toothbrushes.
Sec. 75202. Ultrasonic cool/warm mist humidifiers with aromatherapy.
Sec. 75203. 2-in-1 can opener.
Sec. 75204. Food spiralizing devices.
Sec. 75205. Ceramic bowls.
Sec. 75206. Food grinders for certain electromechanical stand food mixers.
Sec. 75207. Pasta press extruders for certain stand food mixers.
Sec. 75208. Stainless steel bowls for certain electromechanical stand food mixers,
                 with capacity greater than 4.2 liters but not exceeding 4.8 liters.
Sec. 75209. Stainless steel bowls for certain electromechanical stand food mixers,
                 with capacity greater than 2.8 liters but not exceeding 3.4 liters.
Sec. 75210. Stainless steel bowls for certain electromechanical stand food mixers,
                 with capacity greater than 5.6 liters but not exceeding 8.6 liters.
Sec. 75211. Pasta rollers and cutters for stand food mixers.
Sec. 75212. Glass bowls for certain electromechanical stand food mixers.
Sec. 75213. Body trimmers for detailed hair trimming.
Sec. 75214. Hair clipper sets.
Sec. 75215. Rechargeable trimmers for trimming human hair.
Sec. 75216. PCB assemblies for clippers and trimmers.
Sec. 75217. LED bicycle wheel spoke lights.
Sec. 75218. Bicycle rear lights.
Sec. 75219. Portable electric lamps.

   † HR 4521 EAS
                                     41
Sec. 75220. Space heaters.
Sec. 75221. Microwave ovens with capacity not exceeding 22.5 liters.
Sec. 75222. Microwave ovens with capacity exceeding 22.5 liters but not exceeding
                  31 liters.
Sec. 75223. Low-profile microwave ovens with electronic opening mechanism and
                  integral range hood.
Sec. 75224. Low-profile microwave ovens with push button opening mechanism
                  and integral range hood.
Sec. 75225. Low-profile microwave ovens with electronic opening mechanism and
                  without a range hood.
Sec. 75226. Searing grills.
Sec. 75227. Automatic drip coffee makers.
Sec. 75228. Espresso machines.
Sec. 75229. Coffee makers with dishwasher safe removable parts.
Sec. 75230. Single-service coffee makers with milk frothers.
Sec. 75231. Electric coffee makers with dual dispensers.
Sec. 75232. Electric coffee makers for brewing capsules.
Sec. 75233. Automatic or manual pour over coffee makers.
Sec. 75234. Removable reservoir coffeemakers.
Sec. 75235. Single serve coffee makers.
Sec. 75236. 2-way coffee makers with a 12-cup carafe and a pod brewer.
Sec. 75237. Rapid cold brew and hot coffee makers.
Sec. 75238. Electric kettles.
Sec. 75239. Electric toasters with even-toast feature.
Sec. 75240. Electric toasters with 6.5 inch slots.
Sec. 75241. Electric toasters with 37 mm wide slots, with an under-base cord
                  wrap.
Sec. 75242. 2- and 4- slot toasters, not having a button to keep toaster contents
                  warm after toasting.
Sec. 75243. 2-slot toasters, with a button to keep toaster content warm after toast-
                  ing.
Sec. 75244. Electric toasters with double-slice slots.
Sec. 75245. Electric toasters with 37 mm wide slots, with a retractable cord.
Sec. 75246. Electric pressure cookers rated more than 800 W but not more than
                  1,000 W, with a capacity of not less than 5 liters.
Sec. 75247. Electric pressure cookers rated more than 1,200 W but not more than
                  1,400 W, with a capacity of less than 5 liters.
Sec. 75248. Electric pressure cookers rated more than 1,000 W but not more than
                  1,200 W, with a capacity of less than 5 liters.
Sec. 75249. Contoured heating pads.
Sec. 75250. Slow cookers with non-stick ceramic coated stoneware.
Sec. 75251. Heating pads.
Sec. 75252. Programmable slow cookers with digital display.
Sec. 75253. 8-Quart electric slow cookers.
Sec. 75254. Programmable slow cookers.
Sec. 75255. Electric slow cookers with locking lid.
Sec. 75256. Double flip waffle makers with removable grids.
Sec. 75257. Ice cream waffle cone and bowl makers.
Sec. 75258. Electric breakfast sandwich makers.
Sec. 75259. Pressure cookers.
Sec. 75260. 10-quart programmable slow cookers.
Sec. 75261. Polished stainless steel 1.5-quart tea kettles.
Sec. 75262. Egg bite makers.
Sec. 75263. Vacuum steel insulated coffee carafes, of a kind used with deep ultra-
                  violet lithography machines.

   † HR 4521 EAS
                                    42
Sec. 75264. Vacuum steel insulated carafes for household coffee machines, of a
                 kind used with deep ultraviolet lithography machines.
Sec. 75265. Vacuum steel bodies with inner and outer steel layers.
Sec. 75266. Lamp-holder housings of plastic.
Sec. 75267. 660 W, 125 V, lamp-holder with two 15 amp outlets.
Sec. 75268. Combination duplex receptacle/outlet and USB charger, 15–20 amp,
                 125 V.
Sec. 75269. Range and dryer receptacles.
Sec. 75270. Residential grade receptacles.
Sec. 75271. Residential and commercial USB receptacles.
Sec. 75272. Power strips.
Sec. 75273. Surge protectors.
Sec. 75274. Programmable controllers for architectural lighting.
Sec. 75275. Electronic modular control panels for generators.
Sec. 75276. Power distribution modules and programmable controllers.
Sec. 75277. Glass capacitive touchscreen assemblies with LCD.
Sec. 75278. Lamps containing deuterium gas without radio-frequency identifica-
                 tion (RFID).
Sec. 75279. Lamps containing deuterium gas with radio-frequency identification
                 (RFID).
Sec. 75280. Fiber channel coaxial cables of silver-plated copper conductors and
                 expanded ePTFE dielectrics.
Sec. 75281. Insulated coaxial cables, of a kind used with deep ultraviolet lithog-
                 raphy machines.
Sec. 75282. Coaxial cables insulated with ePTFE, vapor sealed, of a kind used
                 with deep ultraviolet lithography machines.
Sec. 75283. Coaxial cables insulated with ePTFE, non-vapor sealed, of a kind
                 used with deep ultraviolet lithography machines.
Sec. 75284. Low speed automotive ethernet USB harnesses.
Sec. 75285. High speed autolink cable USB harnesses.
Sec. 75286. Insulated electric conductors, of a kind used with extreme ultraviolet
                 lithography machines.
Sec. 75287. Insulated electric conductors, of a kind used with deep ultraviolet li-
                 thography machines.
Sec. 75288. Insulated electric conductors, of a kind used with optical instruments.
Sec. 75289. Rings, blocks, and other insulating fittings of quartz.
Sec. 75290. Front tire splash guards for vehicles.
Sec. 75291. Rear tire splash guards for vehicles.
Sec. 75292. Automatic gear boxes.
Sec. 75293. Suspension systems (struts) for off-highway trucks.
Sec. 75294. Suspension system stabilizer bars.
Sec. 75295. Tie rod assemblies.
Sec. 75296. Used axle housings.
Sec. 75297. Used parts for power trains.
Sec. 75298. Front windshield covers.
Sec. 75299. Expansion chambers.
Sec. 75300. Bicycle racks for car roofs.
Sec. 75301. High pressure fuel injector rails.
Sec. 75302. Stand-up bicycles, having both wheels exceeding 63.5 cm in diameter.
Sec. 75303. Elliptical cycles, with wheels not exceeding 63.5 cm in diameter.
Sec. 75304. Bicycle frames, other than of steel, valued $600 or less.
Sec. 75305. Internal gear bicycle hubs, other than two or three speeds.
Sec. 75306. Bicycle pedals other than clipless pedals.
Sec. 75307. Clipless bicycle pedals and parts thereof.
Sec. 75308. Carbon fiber bicycle seatposts.

  † HR 4521 EAS
                                   43
Sec. 75309. Bicycle handlebar tape, other than silicon or leather tape.
Sec. 75310. Trailer cycles.
Sec. 75311. Dropper seatposts.
Sec. 75312. Bicycle fenders.
Sec. 75313. Bicycle handlebars.
Sec. 75314. Multi-functional steel carts.
Sec. 75315. Non-mechanically propelled industrial hand truck.
Sec. 75316. Moving dollies.
Sec. 75317. Paragliders, paraglider wings and paraglider harnesses.
Sec. 75318. Sailing catamarans and power catamarans.
Sec. 75319. Projection lenses.
Sec. 75320. Mounted optical lenses.
Sec. 75321. Objective lenses for broadcast cameras.
Sec. 75322. Objective lenses for cinema cameras.
Sec. 75323. Magnifying spectacles.
Sec. 75324. LCD television panel assemblies, with a video display measuring over
                 175.26 cm.
Sec. 75325. LCD television panel assemblies, with a video display measuring over
                 149.86 cm but not over 175.26 cm.
Sec. 75326. LCD television panel assemblies, with a video display measuring over
                 139.7 cm but not over 149.86 cm.
Sec. 75327. LCD television panel assemblies, with a video display measuring over
                 137.16 cm but not over 139.7 cm.
Sec. 75328. Housings designed for infrared lenses.
Sec. 75329. Electronic temperature indicators, weighing 14.2 g.
Sec. 75330. Electronic temperature indicators, weighing 64.4 g.
Sec. 75331. Electronic temperature indicators, weighing 430 g.
Sec. 75332. Global cargo trackers, weighing 660 g.
Sec. 75333. Temperature data monitors, weighing 115 g.
Sec. 75334. Temperature data monitors, weighing 138.9 g.
Sec. 75335. Temperature data monitors, weighing 133.2 g.
Sec. 75336. Parts and accessories of bicycle speedometers.
Sec. 75337. Wired remote controllers.
Sec. 75338. Analog/digital wrist watches.
Sec. 75339. Mechanical wrist watches.
Sec. 75340. Mechanical wrist watches with leather or other band.
Sec. 75341. Analog pocket watches.
Sec. 75342. Projection alarm clocks, non-atomic.
Sec. 75343. Projection atomic alarm clocks.
Sec. 75344. Analog wall clocks without thermometer, hygrometer, or barometer
                 gauges.
Sec. 75345. Analog clocks with thermometer and hygrometer.
Sec. 75346. Atomic analog wall clocks.
Sec. 75347. Atomic digital clocks.
Sec. 75348. Analog kitchen timers.
Sec. 75349. Wrist watch movements having over one jewel and less than 7 jewels.
Sec. 75350. Watch movements having over 7 jewels and under 17 jewels.
Sec. 75351. Watch cases or ‘‘bodies’’ over 41 mm in diameter.
Sec. 75352. Watch cases or ‘‘bodies’’ not over 41 mm in diameter.
Sec. 75353. Watch case bezels, backs, and centers.
Sec. 75354. Watch case parts.
Sec. 75355. Stainless steel watch bracelets.
Sec. 75356. Watch dials.
Sec. 75357. Watch crowns.
Sec. 75358. Watch hands.

  † HR 4521 EAS
                                     44
Sec. 75359. Acoustic guitars.
Sec. 75360. Console digital pianos.
Sec. 75361. Grand digital pianos.
Sec. 75362. Electronic 61-key keyboards.
Sec. 75363. Electric guitars and acoustic/electric guitars.
Sec. 75364. Memory foam travel pillows.
Sec. 75365. Lighting for wall installation.
Sec. 75366. Decorative bathroom fan assemblies (lighting fixtures) assemblies.
Sec. 75367. Metal household floor lamps.
Sec. 75368. Solar powered pathway lights, each measuring between 36.8 cm and
                  42 cm in height.
Sec. 75369. Solar powered pathway lights, each measuring between 45 cm and 48
                  cm in height.
Sec. 75370. Exterior exit viewing lights, dual beam.
Sec. 75371. LED flameless candles.
Sec. 75372. Aquarium LED light strands.
Sec. 75373. LED light modules for bathroom fans/lights.
Sec. 75374. Aquarium LED light sticks.
Sec. 75375. Aquarium LED light strips.
Sec. 75376. Decorative votive candle holders.
Sec. 75377. Candle jar shades.
Sec. 75378. Non-electrical lighting.
Sec. 75379. Outdoor garden or patio torches of bamboo construction.
Sec. 75380. Outdoor garden or patio torches of non-bamboo construction.
Sec. 75381. Indoor oil lamps with base of glass or metal.
Sec. 75382. Outdoor garden torches for tabletop use.
Sec. 75383. Glass lens arrays for spotlights.
Sec. 75384. Lamp shades.
Sec. 75385. Galvanized steel LED downlight housing frames.
Sec. 75386. Aluminum cylinders for LED lighting fixtures.
Sec. 75387. Galvanized steel brackets and plates for LED lighting fixtures.
Sec. 75388. Aluminum LED downlight reflectors.
Sec. 75389. Outdoor garden torch replacement canisters.
Sec. 75390. Iris subassemblies for moving lights.
Sec. 75391. Zoom modules for automated moving lights.
Sec. 75392. Golf club heads for fairway woods.
Sec. 75393. Golf club shafts for putters.
Sec. 75394. Steel golf club shafts, other than for putters.
Sec. 75395. Golf club shaft assemblies.
Sec. 75396. Graphite driver golf club shafts, extra stiff flex.
Sec. 75397. Graphite hybrid golf club shafts, extra stiff flex.
Sec. 75398. Graphite irons golf club shafts, extra stiff flex.
Sec. 75399. Graphite driver golf club shafts, regular, senior, adult, or ladies flex.
Sec. 75400. Graphite golf club driver shafts, stiff flex.
Sec. 75401. Graphite hybrid golf club shafts, regular, senior, adult, or ladies flex.
Sec. 75402. Graphite hybrid golf club shafts, stiff flex.
Sec. 75403. Graphite irons golf club shafts, regular, senior, adult, or ladies flex.
Sec. 75404. Graphite irons golf club shafts, stiff flex.
Sec. 75405. Pickleball paddles.
Sec. 75406. Pickleballs.
Sec. 75407. Exercise cycles.
Sec. 75408. Stationary trainers.
Sec. 75409. Multimodality fitness equipment, without integrated contact grip
                  heart rate monitor.


   † HR 4521 EAS
                                   45
Sec. 75410. Multimodality fitness equipment with integrated power sensor to
                 measure the user’s upper body power input.
Sec. 75411. Parts and accessories for treadmills.
Sec. 75412. Parts and accessories for ellipticals.
Sec. 75413. Parts and accessories for stationary exercise cycles.
Sec. 75414. Parts and accessories for weight training equipment.
Sec. 75415. Parts and accessories for certain exercise equipment machines.
Sec. 75416. Lateral elliptical machines.
Sec. 75417. Adjustable-weight kettlebells.
Sec. 75418. Adjustable-weight barbell.
Sec. 75419. Exercise cycles with dual-position handgrips.
Sec. 75420. Exercise cycles with single handgrips.
Sec. 75421. Upright exercise cycles.
Sec. 75422. Recumbent exercise cycles with touchscreen consoles.
Sec. 75423. Leaning exercise cycles.
Sec. 75424. Rod gyms, with vertical bench.
Sec. 75425. Rod and resistance gyms, with flat benches.
Sec. 75426. Foldable treadmills, with LCD consoles with control keypads.
Sec. 75427. Foldable treadmills, with touchscreen consoles measuring 44.5 cm or
                 less.
Sec. 75428. Indoor cycling machines with wireless data touchscreen displays.
Sec. 75429. Indoor cycling machines with LCD consoles and two water bottle
                 holders.
Sec. 75430. Indoor cycling machines with LCD consoles and single water bottle
                 holder.
Sec. 75431. Recumbent elliptical machines.
Sec. 75432. Fitness equipment combining the functions of an elliptical and a
                 stair stepper, weight over 90 kgs.
Sec. 75433. Foldable treadmills with touchscreen console greater than 44.4 cm.
Sec. 75434. Interactive indoor cycling exercise cycles.
Sec. 75435. Multimodality fitness equipment, with integrated contact grip heart
                 rate monitors.
Sec. 75436. Fishing reels valued not over $2.70 each, pre-spooled, with rod and
                 fishing line.
Sec. 75437. Fishing reels valued not over $2.70 each.
Sec. 75438. Hard artificial crankbaits.
Sec. 75439. Collapsible big game decoys.
Sec. 75440. Vacuum steel hinged lid pitchers, not exceeding 1 liter.
Sec. 75441. Vacuum insulated drinkware having a capacity exceeding 1 liter but
                 not exceeding 2 liters.
Sec. 75442. Vacuum insulated drinkware having a capacity exceeding 2 liters but
                 not exceeding 4 liters.
Sec. 75443. Vacuum glass lined steel coffee servers over 2 liters.
Sec. 75444. Vacuum glass lined steel coffee servers over 2 liters with lever dis-
                 pensing.

          PART II—EXISTING DUTY SUSPENSIONS AND REDUCTIONS
Sec. 75451. Extension of certain existing duty suspensions and reductions and
                other modifications.

                          PART III—EFFECTIVE DATE

Sec. 75461. Effective date.




  † HR 4521 EAS
                                         46
     Subtitle C—Reauthorization of American Manufacturing Competitiveness Act of
                                        2016

     Sec. 75471. Reauthorization of American Manufacturing Competitiveness Act of
                     2016.

                 TITLE V—AUTHORIZATION OF APPROPRIATIONS

     Sec. 76001. Authorization of additional appropriations.

                          TITLE VI—CUSTOMS USER FEES

     Sec. 77001. Extension of customs user fees.

 1 DIVISION A—CHIPS AND O-RAN
 2   5G EMERGENCY APPROPRIA-
 3   TIONS
 4   SEC. 1001. TABLE OF CONTENTS.

 5         The table of contents for this division is as follows:
      DIVISION A—CHIPS AND O-RAN 5G EMERGENCY APPROPRIATIONS

     Sec. 1001. Table of contents.
     Sec. 1002. Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
                      America Fund.
     Sec. 1003. Appropriations for wireless supply chain innovation.

 6   SEC. 1002. CREATING HELPFUL INCENTIVES TO PRODUCE

 7                     SEMICONDUCTORS              (CHIPS)     FOR   AMERICA

 8                     FUND.

 9         (a) CHIPS FOR AMERICA FUND.—
10                (1) ESTABLISHMENT.—There is established in
11         the Treasury of the United States a fund to be known
12         as the ‘‘Creating Helpful Incentives to Produce Semi-
13         conductors (CHIPS) for America Fund’’ (referred to
14         in this subsection as the ‘‘Fund’’) for the Secretary of
15         Commerce to carry out sections 9902 and 9906 of the
16         William M. (Mac) Thornberry National Defense Au-
17         thorization Act for Fiscal Year 2021 (Public Law
       † HR 4521 EAS
                                47
1       116–283). Amounts in the Fund to carry out section
2       9906 of Public Law 116–283 shall be transferred to
3       and merged with ac counts within the Department of
4       Commerce to be used for such purposes.
 5            (2) APPROPRIATION.—
 6                   (A) In addition to amounts otherwise avail-
 7            able for such purposes, there is appropriated to
 8            the Fund established in subsection (a)(1), out of
 9            amounts in the Treasury not otherwise appro-
10            priated—
11                       (i)     for     fiscal    year     2022,
12                   $24,000,000,000, to remain available until
13                   expended, of which $19,000,000,000 shall be
14                   for section 9902 of Public Law 116–283,
15                   $2,000,000,000 shall be for subsection (c) of
16                   section 9906 of Public Law 116–283,
17                   $2,500,000,000 shall be for subsection (d) of
18                   section 9906 of Public Law 116–283, and
19                   $500,000,000 shall be for subsections (e) and
20                   (f) of section 9906 of Public Law 116–283;
21                       (ii)     for    fiscal    year     2023,
22                   $7,000,000,000 to remain available until
23                   expended, of which $5,000,000,000 shall be
24                   for section 9902 of Public Law 116–283 and
25                   $2,000,000,000 shall be for subsections (c),


     † HR 4521 EAS
                                  48
1                    (d), (e), and (f) of section 9906 of Public
2                    Law 116–283;
3                         (iii)    for    fiscal    year     2024,
4                    $6,300,000,000, to remain available until
5                    expended, of which $5,000,000,000 shall be
6                    for section 9902 of Public Law 116–283 and
7                    $1,300,000,000 shall be for subsections (c),
8                    (d), (e), and (f) of section 9906 of Public
9                    Law 116–283;
10                        (iv)     for    fiscal    year     2025,
11                   $6,100,000,000, to remain available until
12                   expended, of which $5,000,000,000 shall be
13                   for section 9902 of Public Law 116–283 and
14                   $1,100,000,000 shall be for subsections (c),
15                   (d), (e), and (f) of section 9906 of Public
16                   Law 116–283; and
17                        (v)     for    fiscal    year      2026,
18                   $6,800,000,000, to remain available until
19                   expended, of which $5,000,000,000 shall be
20                   for section 9902 of Public Law 116– 283
21                   and $1,800,000,000 shall be for subsections
22                   (c), (d), (e), and (f) of section 9906 of Pub-
23                   lic Law 116–283.
24                   (B) In carrying out this subsection, the Sec-
25            retary of Commerce may use up to 2 percent of


     † HR 4521 EAS
                                49
1             the amounts made available in each fiscal year
2             for salaries and expenses, administration, and
3             oversight purposes, of which $5,000,000 in each
4             of fiscal years 2022 through 2026 shall be trans-
5             ferred to the Office of Inspector General of the
6             Department of Commerce to oversee expenditures
7             from the Fund.
8             (3) ASSISTANCE         FOR   MATURE    TECHNOLOGY

 9      NODES.—

10                   (A) Of the amount available in fiscal year
11            2022 to implement section 9902 of Public Law
12            116–283, $2,000,000,000 shall be to provide Fed-
13            eral financial assistance to covered entities to
14            incentivize investment in facilities and equip-
15            ment in the United States for the fabrication, as-
16            sembly, testing, or advanced packaging of semi-
17            conductors at mature technology nodes.
18                   (B) In addition to the procedures, eligi-
19            bility, and considerations for review specified in
20            subsection 9902(a)(2) of Public Law 116–283, in
21            order to for an entity to qualify to receive Fed-
22            eral financial assistance under this paragraph,
23            the covered entity shall—
24                        (i)(I) provide equipment or materials
25                   for the fabrication, assembly, testing, or ad-


     † HR 4521 EAS
                                50
1                    vanced packaging of semiconductors at ma-
2                    ture technology nodes in the United States;
3                    or
4                         (II) fabricate, assemble using advanced
5                    packaging, or test semiconductors at mature
6                    technology nodes in the United States; and
7                         (ii) commit to using any Federal fi-
8                    nancial assistance received under this sec-
9                    tion to increase the production of semi-
10                   conductors at mature technology nodes.
11                   (C) ln addition to the considerations de-
12            scribed in subsection 9902(a)(2)(C) of Public
13            Law 116–283, in granting Federal financial as-
14            sistance under this paragraph, the Secretary
15            may consider whether a covered entity produces
16            or supplies equipment or materials used in the
17            fabrication, assembly, testing, or advanced pack-
18            aging of semiconductors at mature technology
19            nodes that are necessary to support a critical
20            manufacturing industry.
21                   (D) ln awarding Federal financial assist-
22            ance to covered entities under this paragraph,
23            the Secretary shall give priority to covered enti-
24            ties that support the resiliency of semiconductor




     † HR 4521 EAS
                                51
1             supply chains for critical manufacturing indus-
2             tries in the United States.
3                    (E) In this paragraph, the term ‘‘critical
4             manufacturing industry’’—
5                        (i) means an industry that is assigned
6                    a North American Industry Classification
7                    System code beginning with 31, 32, or 33,
8                    and for which the industry components that
9                    are assigned a North American Industry
10                   Classification System code beginning with
11                   the same 4 digits as the industry—
12                            (I) manufacture primary products
13                       and parts, the sum of which account
14                       for not less than 5 percent of the man-
15                       ufacturing value added by industry
16                       gross domestic product of the United
17                       States; and
18                            (II) employ individuals for pri-
19                       mary products and parts manufac-
20                       turing activities that, combined, ac-
21                       count for not less than 5 percent of
22                       manufacturing      employment    in   the
23                       United States; and
24                       (ii) may include any other manufac-
25                   turing industry designated by the Secretary


     † HR 4521 EAS
                                 52
 1                   based on the relevance of the manufacturing
 2                   industry to the national and economic secu-
 3                   rity of the United States, including the im-
 4                   pacts of job losses.
 5                   (F) In this paragraph, the term ‘‘mature
 6            technology node’’ has the meaning given the term
 7            by the Secretary of Commerce.
8             (4) ALLOCATION AUTHORITY.—
 9                   (A) SUBMISSION OF COST ESTIMATES.—The
10            President shall submit to Congress detailed ac-
11            count, program, and project allocations of the
12            full amount made available under subsection
13            (a)(2)—
14                        (i) for fiscal year 2022, not later than
15                   90 days after the date of enactment of this
16                   Act; and
17                        (ii) for each fiscal year through 2026,
18                   as part of the annual budget submission of
19                   the President under section 1105(a) of title
20                   31, United States Code.
21                   (B) ALTERNATE ALLOCATION.—
22                        (i) IN GENERAL.—The Committees on
23                   Appropriations of the House of Representa-
24                   tives and the Senate may provide for alter-
25                   nate allocation of amounts made available


     † HR 4521 EAS
                                53
1                    under subsection (a)(2), including by ac-
2                    count, program, and project.
 3                       (ii) ALLOCATION BY PRESIDENT.—
4                             (I)    NO   ALTERNATE         ALLOCA-

 5                       TIONS.—If    Congress has not enacted
 6                       legislation establishing alternate allo-
 7                       cations, including by account, pro-
 8                       gram, and project, by the date on
 9                       which the Act making full-year appro-
10                       priations for the Department of Com-
11                       merce, Justice, Science, and Related
12                       Agencies for the applicable fiscal year
13                       is enacted into law, only then shall
14                       amounts made available under sub-
15                       section (a)(2) be allocated by the Presi-
16                       dent or apportioned or allotted by ac-
17                       count, program, and project pursuant
18                       to title 31, United States Code.
19                            (II)   INSUFFICIENT     ALTERNATE

20                       ALLOCATION.—If Congress enacts legis-

21                       lation establishing alternate alloca-
22                       tions, including by account, program,
23                       and project, for amounts made avail-
24                       able under subsection (a)(2) that are
25                       less than the full amount appropriated


     † HR 4521 EAS
                             54
1                      under that subsection, the difference be-
2                      tween the amount appropriated and
3                      the alternate allocation shall be allo-
4                      cated by the President and apportioned
5                      and allotted by account, program, and
6                      project pursuant to title 31, United
7                      States Code.
8       (b) CHIPS FOR AMERICA DEFENSE FUND.—
 9            (1) ESTABLISHMENT.—There is established in
10      the Treasury of the United States a fund to be known
11      as the ‘‘Creating Helpful Incentives to Produce Semi-
12      conductors (CHIPS) for America Defense Fund’’ (re-
13      ferred to in this subsection as the ‘‘Fund’’) to provide
14      for research, development, test and evaluation, work-
15      force development, and other requirements that are
16      unique to the Department of Defense and the intel-
17      ligence community, including those requirements that
18      are necessary to carry out section 9903(b) of the Wil-
19      liam M. (Mac) Thornberry National Defense Author-
20      ization Act for Fiscal Year 2021 (Public Law 116–
21      283). Amounts in the Fund shall be transferred to
22      and merged with accounts within the Department of
23      Defense to be used for such purposes. Amounts in the
24      Fund or transferred to and merged with accounts




     † HR 4521 EAS
                                55
 1      within the Department of Defense may not be used for
 2      construction of facilities.
 3            (2) APPROPRIATION.—In addition to amounts
 4      otherwise available for such purposes, there is appro-
 5      priated to the Fund established in subsection (b)(1),
 6      out of amounts in the Treasury not otherwise appro-
 7      priated—
 8                   (A) for fiscal year 2022, $400,000,000, to
 9            remain available until September 30, 2022;
10                   (B) for fiscal year 2023, $400,000,000, to
11            remain available until September 30, 2023;
12                   (C) for fiscal year 2024, $400,000,000, to
13            remain available until September 30, 2024;
14                   (D) for fiscal year 2025, $400,000,000, to
15            remain available until September 30, 2025; and
16                   (E) for fiscal year 2026, $400,000,000, to
17            remain available until September 30, 2026.
18            (3) ALLOCATION AUTHORITY.—
19                   (A) SUBMISSION OF COST ESTIMATES.—The
20            President shall submit to Congress detailed ac-
21            count, program element, and project allocations
22            of the full amount made available under sub-
23            section (b)(2)—




     † HR 4521 EAS
                                 56
 1                       (i) for fiscal year 2022, not later than
 2                   90 days after the date of enactment of this
 3                   Act; and
 4                       (ii) for each fiscal year through 2026,
 5                   as part of the annual budget submission of
 6                   the President under section 1105(a) of title
 7                   31, United States Code.
 8                   (B) ALTERNATE ALLOCATION.—
 9                       (i) IN GENERAL.—The Committees on
10                   Appropriations of the House of Representa-
11                   tives and the Senate may provide for alter-
12                   nate allocation of amounts made available
13                   under subsection (b)(2), including by ac-
14                   count, program element, and project.
15                       (ii) ALLOCATION BY PRESIDENT.—
16                              (I)   NO   ALTERNATE    ALLOCA-

17                       TIONS.—If     Congress has not enacted
18                       legislation establishing alternate allo-
19                       cations, including by account, program
20                       element, and project, by the date on
21                       which the Act making full-year appro-
22                       priations for the Department of De-
23                       fense for the applicable fiscal year is
24                       enacted into law, only then shall
25                       amounts made available under sub-


     † HR 4521 EAS
                               57
 1                     section (b)(2) be allocated by the Presi-
 2                     dent or apportioned or allotted by ac-
 3                     count, program element, and project
 4                     pursuant to title 31, United States
 5                     Code.
 6                          (II)    INSUFFICIENT    ALTERNATE

 7                     ALLOCATION.—If Congress enacts legis-

 8                     lation establishing alternate alloca-
 9                     tions, including by account, program
10                     element, and project, for amounts made
11                     available under subsection (b)(2) that
12                     are less than the full amount appro-
13                     priated under that subsection, the dif-
14                     ference between the amount appro-
15                     priated and the alternate allocation
16                     shall be allocated by the President and
17                     apportioned and allotted by account,
18                     program element, and project pursuant
19                     to title 31, United States Code.
20       (c) CHIPS    FOR   AMERICA INTERNATIONAL TECH-
21   NOLOGY SECURITY AND INNOVATION FUND.—

22             (1) ESTABLISHMENT.—There is established in
23       the Treasury of the United States a fund to be known
24       as the ‘‘Creating Helpful Incentives to Produce Semi-
25       conductors (CHIPS) for America International Tech-


      † HR 4521 EAS
                                58
 1      nology Security and Innovation Fund’’ (referred to in
 2      this subsection as the ‘‘Fund’’) to provide for inter-
 3      national information and communications technology
 4      security and semiconductor supply chain activities,
 5      including to support the development and adoption of
 6      secure and trusted telecommunications technologies,
 7      secure semiconductors, secure semiconductors supply
 8      chains, and other emerging technologies and to carry
 9      out sections 9905 and 9202(a)(2) of the William M.
10      (Mac) Thornberry National Defense Authorization Act
11      for Fiscal Year 2021 (Public Law 116–283), as ap-
12      propriate. Amounts in the Fund shall be transferred
13      by the Secretary of State to accounts within the De-
14      partment of State, the United States Agency for
15      International Development, the Export-Import Bank,
16      and the United States International Development Fi-
17      nance Corporation, as appropriate, to be used for
18      such purposes and under the terms and conditions of
19      the account to which transferred.
20            (2) APPROPRIATION.—
21                   (A) In addition to amounts otherwise avail-
22            able for such purposes, there is appropriated to
23            the Fund established in subsection (c)(1), out of
24            amounts in the Treasury not otherwise appro-
25            priated—


     † HR 4521 EAS
                                 59
 1                       (i) for fiscal year 2022, $100,000,000,
 2                   to remain available until September 30,
 3                   2026;
 4                       (ii) for fiscal year 2023, $100,000,000,
 5                   to remain available until September 30,
 6                   2027;
 7                       (iii) for fiscal year 2024, $100,000,000,
 8                   to remain available until September 30,
 9                   2028;
10                       (iv) for fiscal year 2025, $100,000,000,
11                   to remain available until September 30,
12                   2029; and
13                       (v) for fiscal year 2026, $100,000,000,
14                   to remain available until September 30,
15                   2030.
16                   (B) In carrying out this subsection, the Sec-
17            retary of State may use up to $5,000,000 of the
18            amounts made available in each fiscal year for
19            the Fund for salaries and expenses, administra-
20            tion, and oversight purposes, of which $500,000
21            in each of fiscal years 2022 through 2026 shall
22            be transferred to the Office of Inspector General
23            of the Department of State to oversee expendi-
24            tures under the Fund.
25            (3) ALLOCATION AUTHORITY.—


     † HR 4521 EAS
                                 60
 1                   (A) SUBMISSION OF COST ESTIMATES.—The
 2            President shall submit to Congress detailed ac-
 3            count, program, project, and activity allocations
 4            of the full amount made available under sub-
 5            section (c)(2)—
 6                       (i) for fiscal year 2022, not later than
 7                   90 days after the date of enactment of this
 8                   Act; and
 9                       (ii) for each fiscal year through 2026,
10                   as part of the annual budget submission of
11                   the President under section 1105(a) of title
12                   31, United States Code.
13                   (B) ALTERNATE ALLOCATION.—
14                       (i) IN GENERAL.—The Committees on
15                   Appropriations of the House of Representa-
16                   tives and the Senate may provide for alter-
17                   nate allocation of amounts made available
18                   under subsection (c)(2), including by ac-
19                   count, program, project, and activity.
20                       (ii) ALLOCATION BY PRESIDENT.—
21                              (I)   NO   ALTERNATE     ALLOCA-

22                       TIONS.—If     Congress has not enacted
23                       legislation establishing alternate allo-
24                       cations, including by account, pro-
25                       gram, project, and activity, by the date


     † HR 4521 EAS
                             61
 1                   on which the Act making full-year ap-
 2                   propriations for the Department of
 3                   State, Foreign Operations, and Related
 4                   Programs for the applicable fiscal year
 5                   is enacted into law, only then shall
 6                   amounts made available under sub-
 7                   section (c)(2) be allocated by the Presi-
 8                   dent or apportioned or allotted by ac-
 9                   count, program, project, and activity
10                   pursuant to title 31, United States
11                   Code.
12                        (II)    INSUFFICIENT    ALTERNATE

13                   ALLOCATION.—If Congress enacts legis-

14                   lation establishing alternate alloca-
15                   tions, including by account, program,
16                   project, and activity, for amounts
17                   made available under subsection (c)(2)
18                   that are less than the full amount ap-
19                   propriated under that subsection, the
20                   difference between the amount appro-
21                   priated and the alternate allocation
22                   shall be allocated by the President and
23                   apportioned and allotted by account,
24                   program, project, and activity pursu-
25                   ant to title 31, United States Code.


     † HR 4521 EAS
                               62
 1      (d) SEQUESTRATION.—Section 255(g)(1)(A) of the
 2 Balanced Budget and Emergency Deficit Control Act of
 3 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after
 4 ‘‘Continuing Fund, Southwestern Power Administration
 5 (89–5649–0–2–271).’’ the following:
 6                   ‘‘Creating Helpful Incentives to Produce
 7            Semiconductors (CHIPS) for America Fund.
 8                   ‘‘Creating Helpful Incentives to Produce
 9            Semiconductors (CHIPS) for America Defense
10            Fund.
11                   ‘‘Creating Helpful Incentives to Produce
12            Semiconductors (CHIPS) for America Inter-
13            national Technology Security and Innovation
14            Fund.’’.
15      (e) EMERGENCY DESIGNATION.—
16            (1) IN GENERAL.—The amounts provided under
17      this section are designated as an emergency require-
18      ment pursuant to section 4(g) of the Statutory Pay-
19      As-You-Go Act of 2010 (2 U.S.C. 933(g)).
20            (2) DESIGNATION IN SENATE.—In the Senate,
21      this section is designated as an emergency require-
22      ment pursuant to section 4112(a) of H. Con. Res. 71
23      (115th Congress), the concurrent resolution on the
24      budget for fiscal year 2018.




     † HR 4521 EAS
                                63
 1   SEC. 1003. APPROPRIATIONS FOR WIRELESS SUPPLY CHAIN

 2                    INNOVATION.

 3       (a)    DIRECT      APPROPRIATIONS.—In     addition    to
 4 amounts otherwise available for such purposes, there is ap-
 5 propriated to the Public Wireless Supply Chain Innovation
 6 Fund established under section 9202(a)(1) of the William
 7 M. (Mac) Thornberry National Defense Authorization Act
 8 for Fiscal Year 2021 (Public Law 116–283), out of amounts
 9 in the Treasury not otherwise appropriated, $1,500,000,000
10 for fiscal year 2022, to remain available through September
11 30, 2031.
12       (b) USE OF FUNDS, ADMINISTRATION, AND OVER-
13   SIGHT.—Of the amounts made available under subsection

14 (a)—
15             (1) not more than 5 percent of the amounts allo-
16       cated pursuant to subsection (c) in a given fiscal year
17       may be used by the Assistant Secretary of Commerce
18       for Communications and Information to administer
19       the programs funded from the Public Wireless Supply
20       Chain Innovation Fund; and
21             (2) not less than $2,000,000 per fiscal year shall
22       be transferred to the Office of Inspector General of the
23       Department of Commerce for oversight related to ac-
24       tivities conducted using amounts provided under this
25       section.
26       (c) ALLOCATION AUTHORITY.—
      † HR 4521 EAS
                                64
 1            (1) SUBMISSION         OF   COST   ESTIMATES.—The

 2      President shall submit to Congress detailed account,
 3      program, and project allocations of the amount rec-
 4      ommended for allocation in a fiscal year from
 5      amounts made available under subsection (a)—
 6                   (A) for fiscal year 2022, not later than 90
 7            days after the date of enactment of this Act; and
 8                   (B) for each subsequent fiscal year through
 9            2031, as part of the annual budget submission of
10            the President under section 1105(a) of title 31,
11            United States Code.
12            (2) ALTERNATE ALLOCATION.—
13                   (A) IN GENERAL.—The Committees on Ap-
14            propriations of the House of Representatives and
15            the Senate may provide for alternate allocation
16            of amounts recommended for allocation in a
17            given fiscal year from amounts made available
18            under subsection (a), including by account, pro-
19            gram, and project.
20                   (B) ALLOCATION BY PRESIDENT.—
21                       (i) NO ALTERNATE ALLOCATIONS.—If
22                   Congress has not enacted legislation estab-
23                   lishing alternate allocations, including by
24                   account, program, and project, by the date
25                   on which the Act making full-year appro-


     † HR 4521 EAS
                                65
 1                   priations for the Departments of Commerce
 2                   and Justice, Science, and Related Agencies
 3                   for the applicable fiscal year is enacted into
 4                   law, only then shall amounts recommended
 5                   for allocation for that fiscal year from
 6                   amounts made available under subsection
 7                   (a) be allocated by the President or appor-
 8                   tioned or allotted by account, program, and
 9                   project pursuant to title 31, United States
10                   Code.
11                        (ii) INSUFFICIENT ALTERNATE ALLOCA-
12                   TION.—If Congress enacts legislation estab-

13                   lishing alternate allocations, including by
14                   account, program, and project, for amounts
15                   recommended for allocation in a given fiscal
16                   year from amounts made available under
17                   subsection (a) that are less than the full
18                   amount recommended for allocation for that
19                   fiscal year, the difference between the
20                   amount recommended for allocation and the
21                   alternate allocation shall be allocated by the
22                   President and apportioned and allotted by
23                   account, program, and project pursuant to
24                   title 31, United States Code.




     † HR 4521 EAS
                                           66
 1          (d) SEQUESTRATION.—Section 255(g)(1)(A) of the
 2 Balanced Budget and Emergency Deficit Control Act of
 3 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after
 4 ‘‘Postal Service Fund (18–4020–0–3–372).’’ the following:
 5                        ‘‘Public Wireless Supply Chain Innovation
 6                 Fund.’’.
 7          (e) EMERGENCY DESIGNATION.—
 8                 (1) IN GENERAL.—The amounts provided under
 9          this section are designated as an emergency require-
10          ment pursuant to section 4(g) of the Statutory Pay-
11          As-You-Go Act of 2010 (2 U.S.C. 933(g)).
12                 (2) DESIGNATION IN SENATE.—In the Senate,
13          this section is designated as an emergency require-
14          ment pursuant to section 4112(a) of H. Con. Res. 71
15          (115th Congress), the concurrent resolution on the
16          budget for fiscal year 2018.
17                 DIVISION B—ENDLESS
18                    FRONTIER ACT
19   SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.

20          (a) SHORT TITLE.—This division may be cited as the
21 ‘‘Endless Frontier Act’’.
22          (b) TABLE OF CONTENTS.—The table of contents of this
23 division is as follows:
                        DIVISION B—ENDLESS FRONTIER ACT

     Sec. 2001. Short title; table of contents.
     Sec. 2002. Definitions.
     Sec. 2003. Sense of Congress.


        † HR 4521 EAS
                                   67
Sec. 2004. Interagency working group.
Sec. 2005. Key technology focus areas.

             TITLE I—NSF TECHNOLOGY AND INNOVATION

Sec. 2101. Definitions.
Sec. 2102. Directorate establishment and purpose.
Sec. 2103. Personnel management.
Sec. 2104. Innovation centers.
Sec. 2105. Transition of NSF programs.
Sec. 2106. Providing scholarships, fellowships, and other student support.
Sec. 2107. Research and development.
Sec. 2108. Test beds.
Sec. 2109. Academic technology transfer.
Sec. 2110. Capacity-building program for developing universities.
Sec. 2111. Technical assistance.
Sec. 2112. Coordination of activities.
Sec. 2113. Reporting requirements.
Sec. 2114. Hands-on learning program.
Sec. 2115. Intellectual property protection.
Sec. 2116. Authorization of appropriations for the Foundation.
Sec. 2117. Authorization of appropriations for the Department of Energy.
Sec. 2118. Authorization of appropriations for the Defense Advanced Research
                  Projects Agency.

  TITLE II—NSF RESEARCH, STEM, AND GEOGRAPHIC DIVERSITY
                       INITIATIVES

Sec. 2201. Chief Diversity Officer of the NSF.
Sec. 2202. Programs to address the STEM workforce.
Sec. 2203. Emerging research institution pilot program.
Sec. 2204. Personnel management authorities for the Foundation.
Sec. 2205. Advanced Technological Manufacturing Act.
Sec. 2206. Intramural emerging institutions pilot program.
Sec. 2207. Public-private partnerships.
Sec. 2208. AI Scholarship-for-Service Act.
Sec. 2209. Geographic diversity.
Sec. 2210. Rural STEM Education Act.
Sec. 2211. Quantum Network Infrastructure and Workforce Development Act.
Sec. 2212. Supporting Early-Career Researchers Act.
Sec. 2213. Advancing Precision Agriculture Capabilities Act.
Sec. 2214. Critical minerals mining research.
Sec. 2215. Caregiver policies.
Sec. 2216. Presidential awards.
Sec. 2217. Bioeconomy Research and Development Act of 2021.
Sec. 2218. Microgravity utilization policy.

                    TITLE III—RESEARCH SECURITY

Sec. 2301. National Science Foundation research security.
Sec. 2302. Research security and integrity information sharing analysis organi-
                 zation.
Sec. 2303. Foreign government talent recruitment program prohibition.
Sec. 2304. Additional requirements for Directorate research security.
Sec. 2305. Protecting research from cyber theft.
Sec. 2306. International standards development.


  † HR 4521 EAS
                                    68
Sec. 2307. Research funds accounting.
Sec. 2308. Plan with respect to sensitive or controlled information and back-
                 ground screening.

              TITLE IV—REGIONAL INNOVATION CAPACITY

Sec. 2401. Regional technology hubs.
Sec. 2402. Manufacturing USA Program.
Sec. 2403. Establishment of expansion awards program in Hollings Manufac-
                 turing Extension Partnership and authorization of appropria-
                 tions for the Partnership.
Sec. 2404. National Manufacturing Advisory Council.

                         TITLE V—MISCELLANEOUS

Sec. 2501. Strategy and report on economic security, science, research, and inno-
                  vation to support the national security strategy.
Sec. 2502. Person or entity of concern prohibition.
Sec. 2503. Study on emerging science and technology challenges faced by the
                  United States and recommendations to address them.
Sec. 2504. Report on global semiconductor shortage.
Sec. 2505. Supply chain resiliency program.
Sec. 2506. Semiconductor incentives.
Sec. 2507. Research Investment to Spark the Economy Act.
Sec. 2508. Office of Manufacturing and Industrial Innovation Policy.
Sec. 2509. Telecommunications Workforce Training Grant Program.
Sec. 2510. Country Of Origin Labeling Online Act.
Sec. 2511. Country of origin labeling for king crab and tanner crab.
Sec. 2512. Internet exchanges and submarine cables.
Sec. 2513. Study of sister city partnerships operating within the United States
                  involving foreign communities in countries with significant pub-
                  lic sector corruption.
Sec. 2514. Prohibition on transfer, assignment, or disposition of construction per-
                  mits and station licenses to entities subject to undue influence
                  by the Chinese Communist Party or the Government of the Peo-
                  ple’s Republic of China.
Sec. 2515. Limitation on nuclear cooperation with the People’s Republic of
                  China.
Sec. 2516. Certification.
Sec. 2517. Fairness and due process in standards-setting bodies.
Sec. 2518. Shark fin sales elimination.
Sec. 2519. Sense of Congress on forced labor.
Sec. 2520. Open network architecture.
Sec. 2521. Combatting sexual harassment in science.
Sec. 2522. National Science Corps.
Sec. 2523. Annual report on foreign research.
Sec. 2524. Accelerating Unmanned Maritime Systems Research.
Sec. 2525. Foundation funding to institutions hosting or supporting confucius in-
                  stitutes.
Sec. 2526. Supporting documents.
Sec. 2527. BASIC Research.
Sec. 2528. Foundation for Energy Security and Innovation.




  † HR 4521 EAS
                                     69
                          TITLE VI—SPACE MATTERS

                             Subtitle A—SPACE Act

Sec. 2601. Short title.
Sec. 2602. Sense of Congress.
Sec. 2603. Definitions.
Sec. 2604. Space situational awareness data, information, and services: provision
                 to non-United States Government entities.
Sec. 2605. Centers of Excellence for Space Situational Awareness.

Subtitle B—National Aeronautics and Space Administration Authorization Act

Sec. 2611. Short title.
Sec. 2612. Definitions.

                 PART I—AUTHORIZATION OF APPROPRIATIONS
Sec. 2613. Authorization of appropriations.

              PART II—HUMAN SPACEFLIGHT AND EXPLORATION

Sec. 2614. Competitiveness within the human landing system program.
Sec. 2615. Space launch system configurations.
Sec. 2616. Advanced spacesuits.
Sec. 2617. Acquisition of domestic space transportation and logistics resupply
                 services.
Sec. 2618. Rocket engine test infrastructure.
Sec. 2619. Pearl River maintenance.
Sec. 2620. Value of International Space Station and capabilities in low-Earth
                 orbit.
Sec. 2621. Extension and modification relating to International Space Station.
Sec. 2622. Department of Defense activities on International Space Station.
Sec. 2623. Commercial development in low-Earth orbit.
Sec. 2624. Maintaining a national laboratory in space.
Sec. 2625. International Space Station national laboratory; property rights in
                 inventions.
Sec. 2626. Data first produced during non-NASA scientific use of the ISS na-
                 tional laboratory.
Sec. 2627. Payments received for commercial space-enabled production on the
                 ISS.
Sec. 2628. Stepping stone approach to exploration.
Sec. 2629. Technical amendments relating to Artemis missions.

                               PART III—SCIENCE

Sec. 2631. Science priorities.
Sec. 2632. Lunar discovery program.
Sec. 2633. Search for life.
Sec. 2634. James Webb Space Telescope.
Sec. 2635. Nancy Grace Roman Space Telescope.
Sec. 2636. Study on satellite servicing for science missions.
Sec. 2637. Earth science missions and programs.
Sec. 2638. Life science and physical science research.
Sec. 2639. Science missions to Mars.
Sec. 2640. Planetary Defense Coordination Office.
Sec. 2641. Suborbital science flights.


   † HR 4521 EAS
                                    70
Sec. 2642. Earth science data and observations.
Sec. 2643. Sense of Congress on small satellite science.
Sec. 2644. Sense of Congress on commercial space services.
Sec. 2645. Procedures for identifying and addressing alleged violations of sci-
                 entific integrity policy.

                            PART IV—AERONAUTICS
Sec. 2646. Short title.
Sec. 2647. Definitions.
Sec. 2648. Experimental aircraft projects.
Sec. 2649. Unmanned aircraft systems.
Sec. 2650. 21st Century Aeronautics Capabilities Initiative.
Sec. 2651. Sense of Congress on on-demand air transportation.
Sec. 2652. Sense of Congress on hypersonic technology research.

                         PART V—SPACE TECHNOLOGY

Sec. 2653. Space Technology Mission Directorate.
Sec. 2654. Flight opportunities program.
Sec. 2655. Small Spacecraft Technology Program.
Sec. 2656. Nuclear propulsion technology.
Sec. 2657. Mars-forward technologies.
Sec. 2658. Prioritization of low-enriched uranium technology.
Sec. 2659. Sense of Congress on next-generation communications technology.
Sec. 2660. Lunar surface technologies.

                        PART VI—STEM ENGAGEMENT

Sec. 2661. Sense of Congress.
Sec. 2662. STEM education engagement activities.
Sec. 2663. Skilled technical education outreach program.
Sec. 2664. National space grant college and fellowship program.

                PART VII—WORKFORCE AND INDUSTRIAL BASE

Sec. 2665. Appointment and compensation pilot program.
Sec. 2666. Establishment of multi-institution consortia.
Sec. 2667. Expedited access to technical talent and expertise.
Sec. 2668. Report on industrial base for civil space missions and operations.
Sec. 2669. Separations and retirement incentives.
Sec. 2670. Confidentiality of medical quality assurance records.

                   PART VIII—MISCELLANEOUS PROVISIONS

Sec. 2671. Contracting authority.
Sec. 2672. Authority for transaction prototype projects and follow-on production
                 contracts.
Sec. 2673. Protection of data and information from public disclosure.
Sec. 2674. Physical security modernization.
Sec. 2675. Lease of non-excess property.
Sec. 2676. Cybersecurity.
Sec. 2677. Limitation on cooperation with the People’s Republic of China.
Sec. 2678. Consideration of issues related to contracting with entities receiving
                 assistance from or affiliated with the People’s Republic of China.
Sec. 2679. Small satellite launch services program.
Sec. 2680. 21st century space launch infrastructure.


  † HR 4521 EAS
                                       71
     Sec. 2681. Missions of national need.
     Sec. 2682. Drinking water well replacement for Chincoteague, Virginia.
     Sec. 2683. Passenger carrier use.
     Sec. 2684. Use of commercial near-space balloons.
     Sec. 2685. President’s Space Advisory Board.
     Sec. 2686. Initiative on technologies for noise and emissions reductions.
     Sec. 2687. Remediation of sites contaminated with trichloroethylene.
     Sec. 2688. Review on preference for domestic suppliers.
     Sec. 2689. Report on use of commercial spaceports licensed by the Federal Avia-
                      tion Administration.
     Sec. 2690. Active orbital debris mitigation.
     Sec. 2691. Study on commercial communications services.

 1   SEC. 2002. DEFINITIONS.

 2         Unless otherwise specified, in this division:
 3                (1) APPRENTICESHIP.—The term ‘‘apprentice-
 4         ship’’ means an apprenticeship registered under the
 5         Act of August 16, 1937 (commonly known as the ‘‘Na-
 6         tional Apprenticeship Act’’; 50 Stat. 664, chapter
 7         663; 29 U.S.C. 50 et seq.) that meets the standards
 8         of subpart A of part 29 and part 30 of title 29, Code
 9         of Federal Regulations.
10                (2) DIRECTOR.—The term ‘‘Director’’ means the
11         Director of the National Science Foundation.
12                (3)    DIRECTORATE.—The               term      ‘‘Directorate’’
13         means the Directorate for Technology and Innovation
14         established under section 2102.
15                (4) EMERGING           RESEARCH         INSTITUTION.—The

16         term ‘‘emerging research institution’’ means an insti-
17         tution of higher education with an established under-
18         graduate or graduate program that has, on average
19         for the 3 years prior to an application for an award


       † HR 4521 EAS
                             72
 1      under this division, received less than $50,000,000 in
 2      Federal research funding.
 3            (5) EPSCOR.—The term ‘‘EPSCoR’’ means the
 4      Established Program to Stimulate Competitive Re-
 5      search under section 113 of the National Science
 6      Foundation Authorization Act of 1988 (42 U.S.C.
 7      1862g).
 8            (6)    FOUNDATION.—The     term    ‘‘Foundation’’
 9      means the National Science Foundation.
10            (7) HISTORICALLY BLACK COLLEGE OR UNIVER-
11      SITY.—The term ‘‘historically Black college or univer-

12      sity’’ has the meaning given the term ‘‘part B institu-
13      tion’’ in section 322 of the Higher Education Act of
14      1965 (20 U.S.C. 1061).
15            (8) INSTITUTION OF HIGHER EDUCATION.—The
16      term ‘‘institution of higher education’’ has the mean-
17      ing given the term in section 101 of the Higher Edu-
18      cation Act of 1965 (20 U.S.C. 1001).
19            (9) KEY TECHNOLOGY FOCUS AREAS.—The term
20      ‘‘key technology focus areas’’ means the areas included
21      on the most recent list under section 2005.
22            (10)    MINORITY-SERVING     INSTITUTION.—The

23      term ‘‘minority-serving institution’’ means an insti-
24      tution described in section 371(a) of the Higher Edu-
25      cation Act of 1965 (20 U.S.C. 1067q(a)).


     † HR 4521 EAS
                              73
1              (11) NATIONAL LABORATORY.—The term ‘‘Na-
2        tional Laboratory’’, without respect to capitalization,
3        has the meaning given the term in section 2 of the
4        Energy Policy Act of 2005 (42 U.S.C. 15801).
5              (12) STEM.—The term ‘‘STEM’’ means the aca-
6        demic and professional disciplines of science, tech-
7        nology, engineering, and mathematics, including com-
8        puter science.
 9   SEC. 2003. SENSE OF CONGRESS.

10       It is the sense of Congress that—
11             (1) the National Science Foundation, the De-
12       partment of Energy and its National Laboratories,
13       and other key Federal agencies have carried out vital
14       work supporting basic and applied research to create
15       knowledge that is a key driver of the economy of the
16       United States and a critical component of national
17       security;
18             (2) openness to diverse perspectives and a focus
19       on freedom from censorship and political bias will
20       continue to make educational and research institu-
21       tions in the United States beacons to thousands of
22       students from across the world;
23             (3) increasing research and technology transfer
24       investments, building regional capacity and reducing
25       geographic disparity, strengthening supply chains,


      † HR 4521 EAS
                                  74
 1       and increasing capabilities in key technology focus
 2       areas will enhance the competitive advantage and
 3       leadership of the United States in the global economy;
 4             (4) the Federal Government must utilize the full
 5       talent and potential of the entire Nation by avoiding
 6       undue geographic concentration of research and edu-
 7       cation funding, encouraging broader participation of
 8       populations underrepresented in STEM, and collabo-
 9       rating with non-government partners to ensure the
10       leadership of the United States in technological inno-
11       vation; and
12             (5) authorization and funding for investments in
13       research, education, technology transfer, intellectual
14       property, manufacturing, and other core strengths of
15       the United States innovation ecosystem, including at
16       the National Science Foundation and the Department
17       of Energy, should be done on a bipartisan basis.
18   SEC. 2004. INTERAGENCY WORKING GROUP.

19       (a) ESTABLISHMENT.—The Director of the Office of
20 Science and Technology Policy, acting through the National
21 Science and Technology Council, shall establish or designate
22 an interagency working group to coordinate the activities
23 specified in subsection (c).
24       (b) COMPOSITION.—The interagency working group
25 shall be composed of the following members (or their des-


      † HR 4521 EAS
                                75
1 ignees), who may be organized into subcommittees, as ap-
2 propriate:
3               (1) The Secretary of Commerce.
4               (2) The Director of the National Science Foun-
5       dation.
6               (3) The Secretary of Energy.
7               (4) The Secretary of Defense.
8               (5) The Director of the National Economic
9       Council.
10              (6) The Director of the Office of Management
11      and Budget.
12              (7) The Secretary of Health and Human Serv-
13      ices.
14              (8) The Administrator of the National Aero-
15      nautics and Space Administration.
16              (9) The Secretary of Agriculture.
17              (10) The Director of National Intelligence.
18              (11) The Director of the Federal Bureau of In-
19      vestigation.
20              (12) Such other Federal officials as the Director
21      of the Office of Science and Technology Policy con-
22      siders appropriate, including members of the National
23      Science and Technology Council Committee on Tech-
24      nology.




     † HR 4521 EAS
                               76
 1       (c) COORDINATION.—The interagency working group
 2 shall seek to ensure that the activities of different Federal
 3 agencies enhance and complement, but, as appropriate, do
 4 not duplicate, efforts being carried out by another Federal
 5 agency, with a focus on—
 6             (1) the activities of the National Science Foun-
 7       dation Technology and Innovation Directorate in the
 8       key technology focus areas, such as within the innova-
 9       tion centers under section 2104 and test beds under
10       section 2108 under this division;
11             (2) the activities of the Department of Commerce
12       under this division, including regional technology
13       hubs under section 28 of the Stevenson-Wydler Act of
14       1980 (15 U.S.C. 13701 et seq.), as added by section
15       2401 of this division, the Manufacturing USA Pro-
16       gram established under section 34(b)(1) of the Na-
17       tional Institute of Standards and Technology Act (15
18       U.S.C. 278s(b)(1)), and the Hollings Manufacturing
19       Extension Partnership;
20             (3) the activities of the Department of Energy in
21       the key technology focus areas, including at the na-
22       tional laboratories, and at Federal laboratories, as de-
23       fined in section 4 of the Stevenson-Wydler Technology
24       Innovation Act of 1980 (15 U.S.C. 3703), and facili-
25       ties and user facilities operated in partnership with


      † HR 4521 EAS
                                 77
1       such national laboratories or the Department of En-
2       ergy; and
3             (4) any other program that the Director of the
4       Office of Science and Technology Policy determines
5       involves research and development with respect to the
6       key technology focus areas.
7       (d) REPORT.—The interagency working group shall—
8             (1) by not later than 180 days after the date of
9       enactment of this division—
10                   (A) conduct an initial review of Federal
11            programs and resources with respect to the key
12            technology focus areas identified pursuant to sec-
13            tion 2005(a), in order to—
14                        (i) assess current level of efforts and
15                   characterize existing research infrastructure,
16                   as of the date of the review;
17                        (ii) identify potential areas of overlap
18                   or duplication with respect to the key tech-
19                   nology focus areas; and
20                        (iii) identify potential cross-agency
21                   collaborations and joint funding opportuni-
22                   ties; and
23                   (B) submit a report regarding the review
24            described in subparagraph (A) to Congress; and




     † HR 4521 EAS
                                 78
 1                    (C) seek stakeholder input and recommenda-
 2             tions in the course of such review; and
 3             (2) shall carry out the annual reviews and up-
 4       dates required under section 2005.
5        (e) CONFLICTS.—If any conflicts between Federal
6 agencies arise while carrying out the activities under this
7 section, the President shall make the final decision regard-
8 ing resolution of the conflict.
 9   SEC. 2005. KEY TECHNOLOGY FOCUS AREAS.

10       (a) IN GENERAL.—
11             (1) INITIAL LIST.—The initial key technology
12       focus areas are:
13                    (A) Artificial intelligence, machine learn-
14             ing, autonomy, and related advances.
15                    (B) High performance computing, semi-
16             conductors, and advanced computer hardware
17             and software.
18                    (C) Quantum information science and tech-
19             nology.
20                    (D) Robotics, automation, and advanced
21             manufacturing.
22                    (E) Natural and anthropogenic disaster
23             prevention or mitigation.
24                    (F) Advanced communications technology
25             and immersive technology.


      † HR 4521 EAS
                                 79
 1                    (G)   Biotechnology,   medical   technology,
 2             genomics, and synthetic biology.
 3                    (H) Data storage, data management, dis-
 4             tributed ledger technologies, and cybersecurity,
 5             including biometrics.
 6                    (I) Advanced energy and industrial effi-
 7             ciency technologies, such as batteries and ad-
 8             vanced nuclear technologies, including but not
 9             limited to for the purposes of electric generation
10             (consistent with section 15 of the National
11             Science Foundation Act of 1950 (42 U.S.C.
12             1874).
13                    (J) Advanced materials science, including
14             composites and 2D materials.
15             (2) REVIEW AND UPDATES.—The Director and
16       the Secretary of Energy, in coordination with the
17       interagency working group established under section
18       2004 and in consultation with the Director of Na-
19       tional Intelligence and the Director of the Federal Bu-
20       reau of Investigation, shall annually review, and up-
21       date as required, the list of key technology focus areas
22       for purposes of this division.
23       (b) ANNUAL REVIEW.—As part of the annual review
24 and update process required by section 2005(a)(2), the Di-
25 rector of the National Science Foundation and the Sec-


      † HR 4521 EAS
                               80
 1 retary of Energy, in coordination with the interagency
 2 working group established under section 2004—
 3             (1) shall consider input from relevant industries;
 4             (2) may consider the challenges and rec-
 5       ommendations identified in the report required by
 6       section 2503 and in other relevant reports, such as
 7       technology and global trend reports from the defense
 8       and intelligence communities;
 9             (3) shall consider the potential impact of the key
10       technology focus areas on addressing national chal-
11       lenges, including competitive and security threats to
12       the United States and to United States industries, in-
13       cluding agriculture; and
14             (4) subject to the limitation under subsection (c),
15       may add or delete key technology focus areas in light
16       of shifting national needs or competitive threats to the
17       United States (including for reasons of the United
18       States or other countries having advanced or fallen
19       behind in a technological area).
20       (c) LIMIT ON KEY TECHNOLOGY FOCUS AREAS.—Not
21 more than 10 key technology focus areas shall be included
22 on the list of key technology focus areas at any time. Engi-
23 neering and exploration relevant to the other key technology
24 focus areas described in this section shall be considered part
25 of the relevant key technology focus area.


      † HR 4521 EAS
                                81
 1       (d) REPORTING.—At the conclusion of the annual re-
 2 view and update process required by section 2005(a)(2), the
 3 Director and the Secretary of Energy shall deliver a report
 4 to Congress detailing—
 5             (1) the key technology focus areas and rationale
 6       for their selection;
 7             (2) the role of the Foundation, the Department
 8       of Energy, and other Federal entities, as relevant, in
 9       advancing the key technology focus areas; and
10             (3) the impact, including to the academic re-
11       search community, of any changes to the key tech-
12       nology focus areas.
13       (e) DETAILED DESCRIPTION.—The National Science
14 Foundation and the Department of Energy shall, in coordi-
15 nation with the Office of Management and Budget, submit
16 as part of their annual budget requests to Congress, a de-
17 tailed description of the activities to be funded under this
18 division, including an explanation of how the requested
19 funding is complementary and not redundant of programs,
20 efforts, and infrastructure undertaken or supported by other
21 relevant Federal agencies.
22       (f) NATIONAL ACADEMIES.—Not later than 5 years
23 after the date of enactment of this division, the Director
24 shall contract with the National Academies of Sciences, En-
25 gineering, and Medicine to conduct a review of the key tech-


      † HR 4521 EAS
                                 82
1 nology focus areas, including whether Federal investment
2 in the key technology focus areas have resulted in new do-
3 mestic manufacturing capacity and job creation.
 4   TITLE I—NSF TECHNOLOGY AND
 5           INNOVATION
 6   SEC. 2101. DEFINITIONS.

 7        In this title:
 8              (1) DESIGNATED COUNTRY.—
 9                     (A) IN   GENERAL.—The     term ‘‘designated
10              country’’—
11                         (i) except as provided in clause (ii),
12                     means—
13                              (I) Australia;
14                              (II) Canada;
15                              (III) New Zealand;
16                              (IV) the United Kingdom;
17                              (V) the State of Israel;
18                              (VI) Taiwan; and
19                              (VII) any other country that has
20                         been approved and designated in writ-
21                         ing by the President for purposes of
22                         this division, after providing—
23                                    (aa) not less than 30 days of
24                              advance notification and expla-
25                              nation to the relevant congres-


       † HR 4521 EAS
                                83
 1                             sional committees before the des-
 2                             ignation; and
 3                                   (bb) in-person briefings to
 4                             such committees, if requested dur-
 5                             ing the 30-day advance notifica-
 6                             tion period described in item (aa);
 7                             and
 8                        (ii) excludes any country that takes ac-
 9                   tions to boycott, divest from, or sanction
10                   Israel.
11                   (B) ACTIONS TO BOYCOTT, DIVEST FROM,
12            OR SANCTION ISRAEL.—For purposes of subpara-

13            graph (A)(ii), the term ‘‘actions to boycott, divest
14            from, or sanction Israel’’ has the meaning given
15            such term in section 102(b)(20)(B) of the Bipar-
16            tisan Congressional Trade Priorities and Ac-
17            countability     Act     of   2015    (19    U.S.C.
18            4201(b)(20)(B)).
19            (2) LABOR ORGANIZATION.—The term ‘‘labor or-
20      ganization’’ has the meaning given the term in sec-
21      tion 2(5) of the National Labor Relations Act (29
22      U.S.C. 152(5)), except that such term shall also in-
23      clude—




     † HR 4521 EAS
                                 84
 1                   (A) any organization composed of labor or-
 2            ganizations, such as a labor union federation or
 3            a State or municipal labor body; and
 4                   (B) any organization which would be in-
 5            cluded in the definition for such term under such
 6            section 2(5) but for the fact that the organization
 7            represents—
 8                        (i) individuals employed by the United
 9                   States, any wholly owned Government cor-
10                   poration, any Federal Reserve Bank, or any
11                   State or political subdivision thereof;
12                        (ii) individuals employed by persons
13                   subject to the Railway Labor Act (45 U.S.C.
14                   151 et seq.); or
15                        (iii) individuals employed as agricul-
16                   tural laborers.
17            (3) NATIONAL       LABORATORY.—The       term ‘‘Na-
18      tional Laboratory’’ has the meaning given the term in
19      section 2 of the Energy Policy Act of 2005 (42 U.S.C.
20      15801).
21            (4) TRIBAL COLLEGE OR UNIVERSITY.—The term
22      ‘‘Tribal College or University’’ has the meaning given
23      the term in section 316(b)(3) of the Higher Education
24      Act of 1965 (20 U.S.C. 1059c(b)(3)).




     † HR 4521 EAS
                               85
1    SEC. 2102. DIRECTORATE ESTABLISHMENT AND PURPOSE.

2        (a) ESTABLISHMENT OF DIRECTORATE FOR TECH-
3    NOLOGY AND INNOVATION.—Subject to the availability of

4 appropriations and not later than 180 days after the date
5 of enactment of this division, the Director shall establish
6 a Directorate for Technology and Innovation in the Foun-
7 dation.
 8       (b) PURPOSES.—The Directorate shall further the fol-
 9 lowing purposes:
10             (1) Strengthening the leadership of the United
11       States in critical technologies, including as relevant
12       to the critical national needs described in section
13       7018 of the America COMPETES Act (42 U.S.C.
14       1862o–5).
15             (2) Addressing and mitigating technology chal-
16       lenges integral to the geostrategic position of the
17       United States through the activities authorized by
18       this title.
19             (3) Enhancing the competitiveness of the United
20       States by improving education in the key technology
21       focus areas and attracting more students to such
22       areas at all levels of education.
23             (4) Accelerating the translation and development
24       of scientific advances in the key technology focus
25       areas into processes and products in the United
26       States.
      † HR 4521 EAS
                                86
1             (5) Utilizing the full potential of the United
2       States workforce by avoiding undue geographic con-
3       centration of research and development and education
4       funding across the United States, and encouraging
5       broader participation in the key technology focus
6       areas by populations underrepresented in STEM.
7             (6) Ensuring the programmatic work of the Di-
8       rectorate and Foundation incorporates a workforce
9       perspective from labor organizations and workforce
10      training organizations.
11      (c) ACTIVITIES.—The Directorate—
12            (1) shall support basic and applied research, and
13      technology development of such research, including
14      through awards to individual researchers, entities, or
15      consortia and through diverse funding mechanisms
16      and models;
17            (2) shall identify and develop opportunities to
18      coordinate and collaborate on research, development,
19      and commercialization—
20                   (A) with other directorates and offices of the
21            Foundation;
22                   (B) with stakeholders in academia, the pri-
23            vate sector, and nonprofit entities; and
24                   (C) with other Federal research agencies, as
25            well as State and local governments;


     † HR 4521 EAS
                                87
1             (3) shall provide awards for research and devel-
2       opment projects designed to achieve specific tech-
3       nology metrics or objectives;
4             (4) may support research and technology devel-
5       opment infrastructure, including testbeds, to advance
6       the development, operation, integration, and deploy-
7       ment of innovation;
8             (5) shall identify and develop opportunities to
9       reduce barriers for technology transfer, including in-
10      tellectual property frameworks between academia and
11      industry, nonprofit entities, and the venture capital
12      communities;
13            (6) shall build capacity for research at institu-
14      tions of higher education across the United States;
15            (7) shall partner with other directorates and of-
16      fices of the Foundation for projects or research, in-
17      cluding—
18                   (A) to pursue basic questions about natural,
19            human, and physical phenomena that could en-
20            able advances in the key technology focus areas;
21                   (B) to study questions that could affect the
22            design (including human interfaces), safety, se-
23            curity, operation, deployment, or the social and
24            ethical consequences of technologies in the key
25            technology focus areas, including the development


     † HR 4521 EAS
                               88
 1            of technologies that complement or enhance the
 2            abilities of workers and impact of specific inno-
 3            vations on domestic jobs and equitable oppor-
 4            tunity; and
 5                   (C) to further the creation of a domestic
 6            workforce capable of advancing, using, and
 7            adapting to key technology focus areas and un-
 8            derstanding and improving the impact of key
 9            technology focus areas on STEM teaching and
10            learning by advancing the key technology focus
11            areas, including engaging relevant partners in
12            research and innovation programs;
13            (8) may make awards under the SBIR and
14      STTR programs (as defined in section 9(e) of the
15      Small Business Act (15 U.S.C. 638(e)); and
16            (9) may enter into and perform such contracts,
17      make such financial assistance awards, carry out
18      such other transactions, or make such other arrange-
19      ments, or modifications thereof, as may be necessary
20      in the conduct of the work of the Directorate and on
21      such terms as the Director considers appropriate, in
22      furtherance of the purposes of this title.
23      (d) ASSISTANT DIRECTOR.—
24            (1) APPOINTMENT.—The Director shall appoint
25      an Assistant Director for the Directorate, in the same


     † HR 4521 EAS
                                89
 1       manner as other Assistant Directors of the Founda-
 2       tion are appointed.
 3             (2) QUALIFICATIONS.—Each Assistant Director
 4       for the Directorate shall be an individual, who by rea-
 5       son of professional background and experience, is spe-
 6       cially qualified to advise the Foundation on all mat-
 7       ters pertaining to research, development, and commer-
 8       cialization at the Foundation, including partnerships
 9       with the private sector and other users of Foundation
10       funded research.
11       (e) CONSIDERATIONS.—After completion of the studies
12 regarding emerging technologies conducted by the Secretary
13 of Commerce under title XV of division FF of the Consoli-
14 dated Appropriations Act, 2021 (Public Law 116–260), the
15 Director shall consider the results of such studies in car-
16 rying out the activities of the Directorate.
17   SEC. 2103. PERSONNEL MANAGEMENT.

18       (a) PERSONNEL.—The Director shall establish and
19 maintain within the Directorate a staff with sufficient
20 qualifications and expertise to enable the Directorate to
21 carry out its responsibilities under this title.
22       (b) PROGRAM DIRECTORS.—
23             (1) DESIGNATION.—The Director may designate
24       employees to serve as program directors for the pro-
25       grams established within the Directorate pursuant to


      † HR 4521 EAS
                                 90
 1      the responsibilities established under paragraph (2).
 2      The Director shall ensure that program directors—
 3                   (A) have expertise in the key technology
 4            focus areas; and
 5                   (B) come from a variety of backgrounds, in-
 6            cluding industry, and from a variety of institu-
 7            tions of higher education.
 8            (2) RESPONSIBILITIES.—A program director of a
 9      program of the Directorate shall be responsible for—
10                   (A) establishing research and development
11            goals for the program, including through the con-
12            vening of workshops and conferring with outside
13            experts and by publicizing the goals of the pro-
14            gram to the public and private sectors;
15                   (B) soliciting proposals from entities to con-
16            duct research in areas of particular promise
17            within key technology focus areas, especially
18            areas that the private sector or the Federal Gov-
19            ernment are not likely to undertake alone;
20                   (C) identifying areas for research and devel-
21            opment;
22                   (D) building research collaborations for car-
23            rying out the program;
24                   (E) reviewing applications for projects to be
25            supported under the program, and considering—


     † HR 4521 EAS
                                  91
 1                        (i) the novelty and scientific and tech-
 2                   nical merit of the proposed projects;
 3                        (ii) broader impacts criteria under sec-
 4                   tion 526 of the National Science Founda-
 5                   tion Authorization Act of 2010 (42 U.S.C.
 6                   1862p–14);
 7                        (iii) the demonstrated capabilities of
 8                   the applicants to successfully carry out the
 9                   proposed project;
10                        (iv) the consideration by the applicant
11                   of future commercial applications of the
12                   project,    including   the   feasibility   of
13                   partnering with 1 or more commercial enti-
14                   ties; and
15                        (v) such other criteria as are estab-
16                   lished by the Director; and
17                   (F) monitoring the progress of projects sup-
18            ported under the program and recommending
19            program restructure or termination, as needed.
20            (3) TERMS.—Program directors of the Direc-
21      torate may be appointed by the Director for a limited
22      term, renewable at the discretion of the Director.
23      (c) SELECTION CRITERIA AND REPORT.—




     † HR 4521 EAS
                               92
 1             (1) PEER REVIEW.—The Directorate may use a
 2       peer review process to inform the selection of award
 3       recipients.
 4             (2) REPORT.—Not later than 18 months after the
 5       establishment of the Directorate, the Director shall
 6       prepare and submit a report to Congress regarding
 7       the use of alternative methods for the selection of
 8       award recipients and the distribution of funding to
 9       recipients, as compared to the traditional peer review
10       process.
11       (d) RULE OF CONSTRUCTION.—Nothing in this section
12 shall be construed to modify the authority of the Director
13 or the National Science Board with respect to the selection
14 of recipients for funding from the Foundation.
15   SEC. 2104. INNOVATION CENTERS.

16       (a) UNIVERSITY TECHNOLOGY CENTER PROGRAM.—
17             (1) IN GENERAL.—From amounts made avail-
18       able to the Directorate, the Director shall establish a
19       program in the Directorate to make awards, through
20       a competitive selection process, to eligible entities to
21       establish university technology centers.
22             (2) PURPOSE.—The purpose of the university
23       technology centers shall be to—




      † HR 4521 EAS
                                93
 1                   (A) conduct multi-disciplinary, collabo-
 2            rative basic and applied research, relevant to at
 3            least one of the key technology focus areas;
 4                   (B) leverage the expertise of multi-discipli-
 5            nary and multi-sector partners, including part-
 6            ners from private industry;
 7                   (C) further the development, deployment,
 8            and commercialization of innovations, including
 9            inventions, in the key technology focus areas, in-
10            cluding those derived from the activities of the
11            university technology center; and
12                   (D) support the development of scientific,
13            innovation, entrepreneurial, and educational ca-
14            pacity within the region of the university tech-
15            nology center.
16            (3) USE OF FUNDS.—University technology cen-
17      ters established under this subsection may use support
18      provided—
19                   (A) to carry out research to advance inno-
20            vation in the key technology focus areas;
21                   (B) for technology development activities
22            such as proof-of-concept development, proto-
23            typing, design modification, experimental devel-
24            opment, and other actions to reduce the cost,




     † HR 4521 EAS
                                 94
 1            time, and risk of commercializing new tech-
 2            nologies;
 3                   (C)   for   the   costs   of   equipment   and
 4            cyberinfrastructure;
 5                   (D) for the costs associated with technology
 6            transfer and commercialization, including pat-
 7            enting and licensing; or
 8                   (E) for operations and staff.
 9            (4) SELECTION PROCESS.—In selecting recipi-
10      ents under this subsection, the Director shall consider,
11      in addition to the scientific and technical merit of the
12      proposal—
13                   (A) maximizing regional and geographic di-
14            versity of the university technology centers, in-
15            cluding by considering rural-serving institutions
16            of higher education (as defined in section 861(b)
17            of the Higher Education Act of 1965 (20 U.S.C.
18            1161a(b));
19                   (B) the extent to which the applicant’s pro-
20            posal would broaden participation by popu-
21            lations underrepresented in STEM;
22                   (C) the capacity of the applicant to engage
23            industry, labor, and other appropriate organiza-
24            tions and, where applicable, contribute to growth




     † HR 4521 EAS
                                95
 1            in domestic manufacturing capacity and job cre-
 2            ation;
 3                   (D) in the case of a consortium, the extent
 4            to which the proposal includes institutions listed
 5            in paragraph (7)(C)(ii);
 6                   (E) the amount of funds from industry or-
 7            ganizations described in paragraph (5)(A)(ii)
 8            the applicant would use towards establishing the
 9            university technology center;
10                   (F) the plan and capability of the applicant
11            to take measures to prevent the inappropriate
12            use of the research and technology of the center,
13            including research results, data, and intellectual
14            property, as appropriate and consistent with the
15            requirements of the relevant award; and
16                   (G) the plan and capability of the appli-
17            cant to support proof-of-concept development and
18            prototyping as well as technology transfer and
19            commercialization activities.
20            (5) REQUIREMENTS.—
21                   (A) IN GENERAL.—The Director shall en-
22            sure that any eligible entity receiving an award
23            under this subsection has—




     † HR 4521 EAS
                                96
 1                        (i) the capacity or the ability to ac-
 2                   quire the capacity to advance the purposes
 3                   described in section 2102(b); and
 4                        (ii) secured contributions for estab-
 5                   lishing the university technology center
 6                   under this subsection from industry or other
 7                   non-Federal organizations in an amount
 8                   not less than 10 percent of the total amount
 9                   of the award the eligible entity would re-
10                   ceive under this subsection.
11                   (B) CONSORTIUM ELIGIBILITY.—To be eligi-
12            ble to receive an award for the establishment and
13            operation of a university technology center, a
14            consortium shall be composed of not fewer than
15            2 entities as described in paragraph (7)(C) and
16            operate subject to a binding agreement, entered
17            into by each member of the consortium, that doc-
18            uments—
19                        (i) the proposed partnership agree-
20                   ment, including the governance and man-
21                   agement structure of the university tech-
22                   nology center;
23                        (ii) measures the consortium will un-
24                   dertake to enable cost-effective implementa-
25                   tion of activities under paragraph (3);


     † HR 4521 EAS
                                97
 1                        (iii) a proposed budget, including fi-
 2                   nancial contributions from non-Federal
 3                   sources; and
 4                        (iv) the plan for ownership and use of
 5                   any intellectual property developed by the
 6                   center.
 7            (6)    SUPPORT        OF   REGIONAL   TECHNOLOGY

 8      HUBS.—Each university technology center established

 9      under this subsection may support and participate
10      in, as appropriate, the activities of any regional tech-
11      nology hub designated under section 28 of the Steven-
12      son-Wydler Technology Innovation Act of 1980 (15
13      U.S.C. 3701 et seq.), as added by section 2401 of this
14      division.
15            (7) ELIGIBLE ENTITY.—In this subsection, the
16      term ‘‘eligible entity’’ means—
17                   (A) an individual institution of higher edu-
18            cation;
19                   (B) a nonprofit entity; or
20                   (C) a consortium that—
21                        (i) shall include and be led by an in-
22                   stitution of higher education or by a non-
23                   profit entity, designed to support technology
24                   development;




     † HR 4521 EAS
                                  98
 1                       (ii) shall include 1 or more institution
 2                   that is—
 3                               (I) a historically Black college or
 4                       university;
 5                               (II) a Tribal College or Univer-
 6                       sity;
 7                               (III) a minority-serving institu-
 8                       tion (or an institution of higher edu-
 9                       cation with an established STEM ca-
10                       pacity building program focused on
11                       traditionally underrepresented popu-
12                       lations in STEM, including Native
13                       Hawaiians, Alaska Natives, and Indi-
14                       ans);
15                               (IV) an institution that partici-
16                       pates in the Established Program to
17                       Stimulate Competitive Research under
18                       section 113 of the National Science
19                       Foundation Authorization Act of 1988
20                       (42 U.S.C. 1862g);
21                               (V) an emerging research institu-
22                       tion; or
23                               (VI) a community college; and
24                       (iii) may include 1 or more—




     † HR 4521 EAS
                           99
 1                        (I) additional entities described in
 2                   subparagraph (A) or (B);
 3                        (II) industry entities, including
 4                   startups, small businesses, and public-
 5                   private partnerships;
 6                        (III) economic development orga-
 7                   nizations or venture development orga-
 8                   nizations, as such terms are defined in
 9                   section 28(a) of the Stevenson-Wydler
10                   Technology Innovation Act of 1980 (15
11                   U.S.C. 13701 et seq.), as added by sec-
12                   tion 2401 of this division;
13                        (IV) National Laboratories;
14                        (V) Federal laboratories, as de-
15                   fined in section 4 of the Stevenson-
16                   Wydler Technology Innovation Act of
17                   1980 (15 U.S.C. 3703);
18                        (VI) Federal research facilities;
19                        (VII) labor organizations;
20                        (VIII) entities described in sub-
21                   paragraph (A) or (B) from allied or
22                   partner countries;
23                        (IX) other entities if determined
24                   by the Director to be vital to the suc-
25                   cess of the program;


     † HR 4521 EAS
                               100
 1                            (X) binational research and devel-
 2                       opment foundations and funds, exclud-
 3                       ing foreign entities of concern, as de-
 4                       fined in section 2307; and
 5                            (XI) Engineer Research and De-
 6                       velopment Center laboratories of the
 7                       Army Corps of Engineers.
 8      (b) INNOVATION INSTITUTE.—
 9            (1) IN GENERAL.—The Director shall establish
10      innovation institutes to further the research, develop-
11      ment, and commercialization of innovation in the key
12      technology focus areas.
13            (2) PARTNERSHIPS.—
14                   (A) IN GENERAL.—Each innovation insti-
15            tute shall be comprised of a partnership includ-
16            ing 2 or more of the following entities:
17                       (i) An institution of higher education.
18                       (ii) A for-profit company.
19                       (iii) A nonprofit organization.
20                       (iv) A Federal agency.
21                       (v) Another entity, if that entity is de-
22                   termined by the Director to be vital to the
23                   success of the program.
24                   (B) CO-EQUAL.—Each entity comprising
25            the institute shall, to the extent practicable, work


     † HR 4521 EAS
                                101
 1              as co-equal partners in terms of funding and re-
 2              search efforts in support of the institute.
 3                     (C) INSTITUTIONAL     OR   ORGANIZATIONAL

 4              LEVEL.—The Director shall work to ensure that

 5              such partnerships exist at the institutional or or-
 6              ganization level, rather than solely at the prin-
 7              cipal investigator level.
 8              (3) COST SHARE.—To the extent practicable, not
 9        less than half of the funding for an institute shall be
10        provided by non-Federal entities.
11        (c) NUMBER OF CENTERS AND INSTITUTES ESTAB-
12   LISHED.—The Director shall endeavor to establish a balance

13 in the number of university technology centers and innova-
14 tion institutes.
15   SEC. 2105. TRANSITION OF NSF PROGRAMS.

16        The Director may transition the management of exist-
17 ing programs of the National Science Foundation that con-
18 duct activities in addition to basic research to the Direc-
19 torate, including—
20              (1) Convergence Accelerator;
21              (2) Industry-University Cooperative Research
22        Centers;
23              (3) National AI Research Institutes;




       † HR 4521 EAS
                               102
 1             (4) Innovation Corps (I-Corps), as described in
 2       section 601 of the American Innovation and Competi-
 3       tiveness Act (42 U.S.C. 1862s–8); and
 4             (5) any other programs that the Director con-
 5       siders appropriate.
 6   SEC. 2106. PROVIDING SCHOLARSHIPS, FELLOWSHIPS, AND

 7                    OTHER STUDENT SUPPORT.

 8       (a) IN GENERAL.—The Director, acting through the
 9 Directorate, shall fund undergraduate scholarships (includ-
10 ing at community colleges), graduate fellowships and
11 traineeships, and postdoctoral awards in the key technology
12 focus areas.
13       (b) IMPLEMENTATION.—The Director may carry out
14 subsection (a) by making awards—
15             (1) directly to students; and
16             (2) to institutions of higher education or con-
17       sortia of institutions of higher education, including
18       those institutions or consortia involved in operating
19       university technology centers established under section
20       2104(a).
21       (c) BROADENING PARTICIPATION.—In carrying out
22 this section, the Director shall take steps to increase the par-
23 ticipation of populations that are underrepresented in
24 STEM, which may include—




      † HR 4521 EAS
                              103
 1             (1) establishing or augmenting programs tar-
 2       geted at populations that are underrepresented in
 3       STEM;
 4             (2) supporting traineeships or other relevant
 5       programs at minority-serving institutions (or institu-
 6       tions of higher education with an established STEM
 7       capacity building program focused on traditionally
 8       underrepresented populations in STEM, including
 9       Native Hawaiians, Alaska Natives, and Indians);
10             (3) addressing current and expected gaps in the
11       availability or skills of the STEM workforce, or ad-
12       dressing needs of the STEM workforce, including by
13       increasing educational capacity at institutions and
14       by prioritizing awards to United States citizens, per-
15       manent residents, and individuals that will grow the
16       domestic workforce; and
17             (4) addressing geographic diversity in the STEM
18       workforce.
19       (d) INNOVATION.—In carrying out this section, the Di-
20 rector shall encourage innovation in graduate education,
21 including through encouraging institutions of higher edu-
22 cation to offer graduate students opportunities to gain expe-
23 rience in industry or Government as part of their graduate
24 training, and through support for students in professional
25 masters programs related to the key technology focus areas.


      † HR 4521 EAS
                                  104
 1       (e) AREAS OF FUNDING SUPPORT.—Subject to the
 2 availability of funds to carry out this section, the Director
 3 shall—
 4             (1) issue—
 5                    (A) postdoctoral awards,
 6                    (B) graduate fellowships and traineeships,
 7             inclusive of the NSF Research Traineeships and
 8             fellowships awarded under the Graduate Re-
 9             search Fellowship Program; and
10                    (C) scholarships, including undergraduate
11             scholarships, research experiences, and intern-
12             ships, including—
13                         (i) scholarships to attend community
14                    colleges; and
15                         (ii) research experiences and intern-
16                    ships under sections 513, 514, and 515 of
17                    the America COMPETES Reauthorization
18                    Act of 2010 (42 U.S.C. 1862p–5; 1862p–6;
19                    1862p–7);
20             (2) ensure that not less than 10 percent of the
21       funds made available to carry out this section are
22       used to support additional awards that focus on com-
23       munity college training, education, and teaching pro-
24       grams that increase the participation of populations
25       that are underrepresented in STEM, including tech-


      † HR 4521 EAS
                                105
 1       nical programs through programs such as the Ad-
 2       vanced Technological Education program;
 3             (3) ensure that not less than 20 percent of the
 4       funds made available to carry out this section are
 5       used to support institutions of higher education, and
 6       other institutions, located in jurisdictions that par-
 7       ticipate in the program under section 113 of the Na-
 8       tional Science Foundation Authorization Act of 1988
 9       (42 U.S.C. 1862g); and
10             (4) if funds remain after carrying out para-
11       graphs (1), (2), and (3), make awards to institutions
12       of higher education to enable the institutions to fund
13       the development and establishment of new or special-
14       ized programs of study for graduate, undergraduate,
15       or technical college students and the evaluation of the
16       effectiveness of those programs of study.
17       (f) EXISTING PROGRAMS.—The Director may use or
18 augment existing STEM education programs of the Foun-
19 dation and leverage education or entrepreneurial partners
20 to carry out this section.
21   SEC. 2107. RESEARCH AND DEVELOPMENT.

22       (a) IN GENERAL.—From amounts made available for
23 the Directorate, the Director shall make awards, on a com-
24 petitive basis, for research and technology development
25 within the key technology focus areas.


      † HR 4521 EAS
                               106
 1       (b) PURPOSE.—The purpose of the awards under this
 2 section shall be to demonstrate revolutionary technological
 3 advances in the key technology focus areas, including ad-
 4 vances that expedite short-term technology deployment.
 5       (c) RECIPIENTS.—Recipients of funds under this sec-
 6 tion may include institutions of higher education, research
 7 institutions, nonprofit entities, private sector entities, con-
 8 sortia, or other entities as defined by the Director.
 9       (d) METRICS.—The Director may set metrics, includ-
10 ing goals and deadlines, for development of such technology
11 as determined in the terms of the award, and may use such
12 metrics to determine whether an award recipient shall be
13 eligible for continued or follow-on funding. The Director
14 shall ensure that the length of the grants for applicants seek-
15 ing to demonstrate revolutionary technological advances to
16 expedite short-term technology deployment last no longer
17 than 24 months.
18       (e) SELECTION CRITERIA.—In selecting recipients for
19 an award under this section, the Director shall consider,
20 at a minimum—
21             (1) the relevance of the project to the key tech-
22       nology focus areas;
23             (2) the current status of the technology, the lim-
24       its of current practice, and the likelihood of the pri-




      † HR 4521 EAS
                                 107
 1        vate sector to independently demonstrate a similar
 2        technological advance;
 3              (3) the potential of the project to generate a revo-
 4        lutionary technological advance, including advances
 5        that can expedite short-term technology deployment;
 6              (4) the potential impact of the project on the eco-
 7        nomic security, national security, or technological
 8        competitiveness of the United States;
 9              (5) the likelihood of the project’s success;
10              (6) the cost and time associated with the project;
11              (7) the appropriateness of quantitative goals and
12        metrics for evaluating the project and a plan for eval-
13        uating those metrics; and
14              (8) the path for developing and, as appropriate
15        commercializing, the technology.
16   SEC. 2108. TEST BEDS.

17        (a) PROGRAM AUTHORIZED.—
18              (1) IN GENERAL.—From amounts made avail-
19        able for the Directorate, the Director, in coordination
20        with the Director of the National Institute of Stand-
21        ards and Technology, the Secretary of Energy, and
22        other Federal agencies, as determined appropriate by
23        the Director, shall establish a program in the Direc-
24        torate to make awards, on a competitive basis, to in-
25        stitutions of higher education, nonprofit organiza-


       † HR 4521 EAS
                                  108
 1       tions,       or    consortia   (as   defined      in    section
 2       2104(a)(7)(C)) to establish and operate test beds,
 3       which        may    include    fabrication     facilities   and
 4       cyberinfrastructure, to advance the development, oper-
 5       ation, integration, deployment, and, as appropriate,
 6       demonstration of new, innovative technologies in the
 7       key technology focus areas, which may include hard-
 8       ware or software.
 9              (2) COORDINATION.—In establishing new test
10       beds under this section, the Director shall ensure co-
11       ordination with other test beds supported by the
12       Foundation or other Federal agencies to avoid dupli-
13       cation and maximize the use of Federal resources.
14       (b) PROPOSALS.—An applicant for an award under
15 this section shall submit a proposal to the Director, at such
16 time, in such manner, and containing such information as
17 the Director may reasonably require. The proposal shall,
18 at a minimum, describe—
19              (1)(A) the technology or technologies that will be
20       the focus of the test bed; and
21              (B) the goals of the work to be done at the test
22       bed;
23              (2) how the applicant will assemble a workforce
24       with the skills needed to operate the test bed;




      † HR 4521 EAS
                             109
1             (3) how the applicant will ensure broad access to
2       the test bed;
3             (4) how the applicant will collaborate with firms
4       in the key technology focus areas, including through
5       coordinated research and development and funding, to
6       ensure that work in the test bed will contribute to the
7       commercial viability of any technologies and will in-
8       clude collaboration from industry and labor organiza-
9       tions;
10            (5) how the applicant will encourage the partici-
11      pation of inventors and entrepreneurs and the devel-
12      opment of new businesses;
13            (6) how the applicant will increase participation
14      by populations that are underrepresented in STEM;
15            (7) how the applicant will demonstrate that the
16      commercial viability of any new technologies will
17      support the creation of high-quality domestic jobs;
18            (8) how the test bed will operate after Federal
19      funding has ended;
20            (9) how the test bed will disseminate lessons and
21      other technical information to United States entities
22      or allied or partner country entities in the United
23      States; and
24            (10) how the applicant plans to take measures to
25      prevent the inappropriate use of research results,


     † HR 4521 EAS
                              110
 1       data, and intellectual property, as applicable and
 2       consistent with the requirements of the award.
 3       (c) AUTHORIZED USE OF FUNDS.—A recipient of an
 4 award under this section may, in order to achieve the pur-
 5 poses described in subsection (a), use the award for the pur-
 6 chase of equipment and for the support of students, faculty
 7 and staff, and postdoctoral researchers.
 8       (d) PRIORITY.—In selecting award recipients under
 9 this section, the Director shall give priority to applicants
10 with proposals that maximize the geographic diversity of
11 test beds.
12       (e) INTERAGENCY ANNUAL MEETINGS.—The Director,
13 the Secretary of Commerce, the Secretary of Energy, and
14 the heads of other Federal departments and agencies, or
15 their designees, with test bed related equities shall hold an
16 annual meeting to coordinate their respective test bed re-
17 lated investments, future plans, and other appropriate mat-
18 ters, to avoid conflicts and duplication of efforts. Upon re-
19 quest by Congress, Congress shall be briefed on the results
20 of the meetings.
21   SEC. 2109. ACADEMIC TECHNOLOGY TRANSFER.

22       (a) IN GENERAL.—From amounts made available to
23 the Directorate, the Director, in coordination with the Di-
24 rector of the National Institute of Standards and Tech-
25 nology and other Federal agencies as determined appro-


      † HR 4521 EAS
                                 111
1 priate by the Director, shall make awards, on a competitive
2 basis, to eligible entities to advance the development and
3 commercialization of technologies, particularly those in the
4 key technology focus areas.
 5      (b) ELIGIBLE ENTITIES.—To be eligible to receive an
 6 award under this section, an entity shall be—
 7            (1) an institution of higher education, which
 8      may be a community college;
 9            (2) a nonprofit entity that is either affiliated
10      with an institution of higher education or designed to
11      support technology development or entrepreneurship;
12      or
13            (3) a consortium that includes—
14                   (A) an entity described in paragraph (1) or
15            (2) as the lead award recipient; and
16                   (B) one or more additional individuals or
17            entities, which shall be—
18                          (i) an economic development organiza-
19                   tion or similar entity that is focused pri-
20                   marily on improving science, technology,
21                   innovation, or entrepreneurship;
22                          (ii) an industry organization or firm
23                   in a relevant technology or innovation sec-
24                   tor;




     † HR 4521 EAS
                                   112
 1                            (iii) an industry-experienced executive
 2                    with entrepreneurship experience that is fo-
 3                    cused primarily on de-risking technologies
 4                    from both a scientific and a business per-
 5                    spective; or
 6                            (iv) an individual or entity with
 7                    industry- and startup- experienced business
 8                    expertise, including a mentor network,
 9                    across relevant technology or innovation sec-
10                    tors.
11       (c) PROPOSALS.—An eligible entity desiring an award
12 under this section shall submit a proposal to the Director
13 at such time, in such manner, and containing such infor-
14 mation as the Director may require. The proposal shall in-
15 clude, at a minimum, a description of—
16             (1) the steps the applicant will take to enable
17       technology transfer and to reduce the risks for com-
18       mercialization for new technologies and why such
19       steps are likely to be effective;
20             (2) how the applicant will encourage the train-
21       ing and participation of students and potential entre-
22       preneurs and the transition of research results to
23       practice, including the development of new businesses;
24             (3) as relevant, potential steps to drive economic
25       growth in a particular region, by collaborating with


      † HR 4521 EAS
                                 113
 1       industry, venture capital entities, nonprofit entities,
 2       and State and local governments within that region;
 3       and
 4             (4) background information that the Director de-
 5       termines is relevant to demonstrate the success of the
 6       innovation and entrepreneurship support models pro-
 7       posed by the applicant to commercialize technologies.
 8       (d) ACADEMIC TECHNOLOGY TRANSFER ENHANCE-
 9   MENT PROGRAM.—

10             (1) IN GENERAL.—The Director, in coordination
11       with the Director of the National Institute of Stand-
12       ards and Technology, shall make awards, on a com-
13       petitive basis, to support eligible entities in building
14       sustainable technology transfer capacity.
15             (2) USE OF FUNDS.—An eligible entity that re-
16       ceives an award under this subsection shall use award
17       funds to carry out one or more of the following:
18                     (A) Identifying academic research with the
19             potential for technology transfer and commer-
20             cialization, particularly as relevant to the key
21             technology focus areas.
22                     (B) Providing training and support to sci-
23             entists, engineers, and inventors on technology
24             transfer, commercialization, and research protec-
25             tion.


      † HR 4521 EAS
                                 114
1                    (C) Offsetting the costs of patenting and li-
2             censing research products, both domestically and
3             internationally.
4                    (D) Revising institution policies, including
5             policies related to intellectual property and fac-
6             ulty entrepreneurship, and taking other nec-
7             essary steps to implement relevant best practices
8             for academic technology transfer.
9                    (E) Ensuring the availability of staff, in-
10            cluding technology transfer professionals, entre-
11            preneurs in residence, and other mentors as re-
12            quired to accomplish the purpose of this sub-
13            section.
14                   (F) Identifying and facilitating relation-
15            ships among local and national business leaders,
16            including investors, and potential entrepreneurs
17            to encourage successful commercialization.
18                   (G) Creating and funding competitions to
19            allow entrepreneurial ideas to illustrate their
20            commercialization potential, including through
21            venture funds of institutions of higher education.
22                   (H) Creating or supporting entities that
23            could enable researchers to further develop new
24            technology, through capital investment, advice,
25            staff support, or other means.


     † HR 4521 EAS
                               115
 1                   (I) Building technology transfer capacity at
 2            institutions of higher education.
 3            (3) LIMITATIONS      ON FUNDING.—In      awarding
 4      funding under this subsection, the Director shall—
 5                   (A) award not more than $1,000,000 per
 6            fiscal year to an eligible entity;
 7                   (B) in determining the duration of funding,
 8            endeavor to ensure the creation of sustainable
 9            technology transfer practices at the eligible enti-
10            ty; and
11                   (C) ensure that grants under this subsection
12            shall not support the development or operation of
13            capital investment funds.
14      (e) COLLABORATIVE INNOVATION RESOURCE CENTER
15 PROGRAM.—
16            (1) IN     GENERAL.—The      Director shall make
17      awards under this subsection to eligible entities to es-
18      tablish collaborative innovation resource centers that
19      promote regional technology transfer and technology
20      development activities available to more than one in-
21      stitution of higher education and to other entities in
22      a region.
23            (2)    COLLABORATION      PRIORITY.—In     making
24      awards under this subsection, the Director shall give
25      priority to eligible entities that are consortia de-


     † HR 4521 EAS
                               116
 1      scribed in subsection (b)(3) and that have a cost
 2      share, which may include an in-kind cost share, from
 3      members of a consortium, at levels as required by the
 4      Director.
 5            (3) USE OF FUNDS.—An eligible entity that re-
 6      ceives an award under this subsection shall use award
 7      funds to carry out one or more of the following activi-
 8      ties, to the benefit of the region in which the center
 9      is located:
10                   (A) Providing start-ups and small business
11            concerns (as defined in section 3 of the Small
12            Business Act (15 U.S.C. 632)) within the region
13            with access to facilities, scientific infrastructure,
14            personnel, and other assets as required for tech-
15            nology maturation.
16                   (B) Supporting entrepreneurial training for
17            start-up and small business personnel.
18                   (C) Providing engineering and entrepre-
19            neurial experiences and hands-on training for
20            students enrolled in participating institutions of
21            higher education.
22      (f) REPORTING ON COMMERCIALIZATION BASED ON
23 METRICS.—The Director shall establish—
24            (1) metrics related to commercialization for an
25      award under this section; and


     † HR 4521 EAS
                                 117
 1             (2) a reporting schedule for recipients of such
 2       awards that takes into account both short- and long-
 3       term goals of the programs under this section.
 4       (g) GEOGRAPHIC DIVERSITY.—The Director shall en-
 5 sure regional and geographic diversity in issuing awards
 6 under this section.
 7       (h) SUPPLEMENT NOT SUPPLANT.—The Director shall
 8 ensure that funds made available under this section shall
 9 be used to create additional support for technology transfer
10 activities at eligible entities. For the duration of the
11 awards, recipients shall be required to maintain funding
12 for such activities at similar levels as the funding for those
13 activities for the 2 fiscal years preceding the award.
14   SEC. 2110. CAPACITY-BUILDING PROGRAM FOR DEVEL-

15                    OPING UNIVERSITIES.

16       (a) IN GENERAL.—The Director shall establish a pro-
17 gram in the Directorate to make awards, on a competitive
18 basis, to eligible institutions described in subsection (b) to
19 support the mission of the Directorate and to build institu-
20 tional research capacity at eligible institutions.
21       (b) ELIGIBLE INSTITUTION.—
22             (1) IN GENERAL.—To be eligible to receive an
23       award under this section, an institution—
24                     (A) shall be—




      † HR 4521 EAS
                                 118
 1                         (i) a historically Black college or uni-
 2                    versity;
 3                         (ii) a minority-serving institution; or
 4                         (iii) an institution of higher education
 5                    with an established STEM capacity build-
 6                    ing program focused on traditionally under-
 7                    represented populations in STEM, includ-
 8                    ing Native Hawaiians, Alaska Natives, and
 9                    Indians; and
10                    (B) shall have not more than $50,000,000
11             in annual federally-financed research and devel-
12             opment expenditures for science and engineering
13             as reported through the National Science Foun-
14             dation Higher Education Research and Develop-
15             ment Survey.
16             (2) PARTNERSHIPS.—An eligible institution re-
17       ceiving a grant under this section may carry out the
18       activities of the grant through a partnership with
19       other entities, including other eligible institutions.
20       (c) PROPOSALS.—To receive an award under this sec-
21 tion, an eligible institution shall submit an application to
22 the Director at such time, in such manner, and containing
23 such information as the Director may require, including
24 a plan that describes how the eligible institution will estab-




      † HR 4521 EAS
                              119
1 lish or expand research office capacity and how such award
2 would be used to—
3             (1) conduct an assessment of capacity-building
4       and research infrastructure needs of an eligible insti-
5       tution;
6             (2) enhance institutional resources to provide ad-
7       ministrative research development support to faculty
8       at an eligible institution;
9             (3) bolster the institutional research competitive-
10      ness of an eligible institution to support grants
11      awarded by the Directorate;
12            (4) support the acquisition of instrumentation
13      necessary to build research capacity at an eligible in-
14      stitution in research areas directly associated with the
15      Directorate;
16            (5) increase capability of an eligible institution
17      to move technology into the marketplace;
18            (6) increase engagement with industry to execute
19      research through the SBIR and STTR programs (as
20      defined in section 9(e) of the Small Business Act (15
21      U.S.C. 638(e)) and direct contracts at an eligible in-
22      stitution;
23            (7) provide student engagement and research
24      training opportunities at the undergraduate, grad-
25      uate, and postdoctoral levels at an eligible institution;


     † HR 4521 EAS
                                120
 1              (8) further faculty development initiatives and
 2         strengthen institutional research training infrastruc-
 3         ture, capacity, and competitiveness of an eligible in-
 4         stitution; or
 5              (9) address plans and prospects for long-term
 6         sustainability of institutional enhancements at an eli-
 7         gible institution resulting from the award including,
 8         if applicable, how the award may be leveraged by an
 9         eligible institution to build a broader base of support.
10         (d) AWARDS.—Awards made under this section shall
11 be for periods of 3 years, and may be extended for periods
12 of not more than 5 years.
13         (e) FUNDING.—From the amounts made available to
14 carry out section 2104 under section 2116 for each of fiscal
15 years      2022    through   2026,   the   Director   shall   use
16 $150,000,000 for each such fiscal year to carry out this sec-
17 tion.
18   SEC. 2111. TECHNICAL ASSISTANCE.

19         The Director may—
20              (1) coordinate with other Federal agencies to es-
21         tablish interagency and multidisciplinary teams to
22         provide technical assistance to recipients of, and pro-
23         spective applicants for, awards under this title;
24              (2) by Federal interagency agreement and not-
25         withstanding any other provision of law, transfer


      † HR 4521 EAS
                               121
 1       funds available to carry out this title to the head of
 2       another Federal agency to facilitate and support the
 3       provision of such technical assistance; and
 4             (3) enter into contracts with third parties to pro-
 5       vide such technical assistance.
 6   SEC. 2112. COORDINATION OF ACTIVITIES.

 7       (a) IN GENERAL.—In carrying out the activities of the
 8 Directorate, the Director shall coordinate and work coopera-
 9 tively with the Secretary of Energy, the Director of the Na-
10 tional Institute of Standards and Technology, and the heads
11 of other Federal research agencies, as appropriate, to fur-
12 ther the goals of this title in the key technology focus areas.
13       (b) AVOID DUPLICATION.—The Director shall ensure,
14 to the greatest extent practicable, that activities carried out
15 by the Directorate are not duplicative of activities sup-
16 ported by other parts of the Foundation or other relevant
17 Federal agencies. In carrying out the activities prescribed
18 by this division, the Director shall coordinate with the
19 Interagency Working Group and heads of other Federal re-
20 search agencies to ensure these activities enhance and com-
21 plement, but do not constitute unnecessary duplication of
22 effort and to ensure the responsible stewardship of funds.
23       (c) COMPTROLLER GENERAL REPORT.—Not later than
24 3 years after the date of enactment of this division, the
25 Comptroller General of the United States shall prepare and


      † HR 4521 EAS
                                 122
 1 submit a report to Congress, and shall simultaneously sub-
 2 mit the report to the Director, the Director of the Office
 3 of Science and Technology Policy, and the Secretary of En-
 4 ergy describing the interagency cooperation that occurred
 5 during the preceding years pursuant to this section, includ-
 6 ing a list of—
 7             (1) any funds provided from the Directorate to
 8       other directorates and offices of the Foundation; and
 9             (2) any instances in which unnecessary duplica-
10       tion of effort may have occurred.
11   SEC. 2113. REPORTING REQUIREMENTS.

12       (a) REPORTS.—Not later than 1 year after the date
13 of enactment of this division and annually thereafter, the
14 Director, in coordination with the heads of relevant Federal
15 agencies, shall prepare and submit to Congress—
16             (1) a strategic vision and spending plan for the
17       next 5 years for the Directorate, including a descrip-
18       tion of how the Foundation will increase funding for
19       research and education for populations underrep-
20       resented in STEM and geographic areas;
21             (2) in coordination with the Secretary of State,
22       a description of any funds the Foundation may plan
23       to receive from—
24                    (A) entities other than institutions of higher
25             education; and


      † HR 4521 EAS
                                123
 1                    (B) certain designated countries; and
 2             (3) a description of the planned activities of the
 3       Directorate to secure federally funded science and
 4       technology pursuant to section 1746 of the National
 5       Defense Authorization Act for Fiscal Year 2020 (Pub-
 6       lic Law 116–92; 42 U.S.C. 6601 note) and section
 7       223 of William M. (Mac) Thornberry National De-
 8       fense Authorization Act for Fiscal Year 2021 (Public
 9       Law 116–283) and the requirements under title III.
10       (b) ANNUAL BRIEFING.—Each year, the Director and
11 the Secretary of Energy shall formally request a joint brief-
12 ing from the Secretary of Defense, the Secretary of Com-
13 merce, the Director of the Federal Bureau of Investigation,
14 the Director of National Intelligence, and as appropriate
15 the heads of other Federal agencies regarding their efforts
16 to preserve the United States’ advantages generated by the
17 activity of the Directorate.
18       (c) PROVIDING AUTHORITY TO DISSEMINATE INFOR-
19   MATION.—Section 11 of the National Science Foundation

20 Act of 1950 (42 U.S.C. 1870) is amended—
21             (1) in subsection (j), by striking ‘‘and’’ after the
22       semicolon;
23             (2) in subsection (k), by striking the period at
24       the end and inserting ‘‘; and’’; and
25             (3) by adding at the end the following:


      † HR 4521 EAS
                               124
 1             ‘‘(l) to provide for the widest practicable and ap-
 2       propriate dissemination of information within the
 3       United States concerning the Foundation’s activities
 4       and the results of those activities.’’.
 5   SEC. 2114. HANDS-ON LEARNING PROGRAM.

 6       (a) FINDINGS.—Congress finds the following:
 7             (1) Developing a robust, talented, and home-
 8       grown workforce, particularly in the fields of STEM,
 9       is critical to the success of the United States innova-
10       tion economy.
11             (2) The United States educational system is not
12       producing a sufficient number of workers with the
13       necessary STEM expertise to meet the needs of the
14       United States industry in STEM fields.
15             (3) Hands-on and experiential learning opportu-
16       nities outside of the classroom are critical for student
17       success in STEM subjects and careers, stimulating
18       students’ interest, increasing confidence, and creating
19       motivation to pursue a related career.
20             (4) Hands-on and experiential learning opportu-
21       nities can be particularly successful in inspiring in-
22       terest in students who traditionally have been under-
23       represented in STEM fields, including girls, students
24       of color, and students from disadvantaged back-
25       grounds.


      † HR 4521 EAS
                               125
 1            (5) An expansion of hands-on and experiential
 2      learning programs across the United States would ex-
 3      pand the STEM workforce pipeline, developing and
 4      training students for careers in STEM fields.
 5      (b) DEFINITIONS.—
 6            (1) ESEA       TERMS.—The     terms ‘‘elementary
 7      school’’, ‘‘high school’’, ‘‘secondary school’’, and
 8      ‘‘State’’ have the meanings given the terms in section
 9      8101 of the Elementary and Secondary Education
10      Act of 1965 (20 U.S.C. 7801).
11            (2) ELIGIBLE NONPROFIT PROGRAM.—The term
12      ‘‘eligible nonprofit program’’—
13                   (A) means a nonprofit program serving pre-
14            kindergarten, elementary school, or secondary
15            school students; and
16                   (B) includes a program described in sub-
17            paragraph (A) that covers the continuum of edu-
18            cation from prekindergarten through high school
19            and is available in every State.
20      (c) PURPOSES.—The purposes of this section are to—
21            (1) provide effective, compelling, and engaging
22      means for teaching and reinforcing fundamental
23      STEM concepts and inspiring the youth of the United
24      States to pursue careers in STEM-related fields;




     † HR 4521 EAS
                               126
 1            (2) expand the STEM workforce pipeline by de-
 2      veloping and training students for careers in United
 3      States STEM fields; and
 4            (3) broaden participation in the STEM work-
 5      force by underrepresented population groups.
 6      (d) PROGRAM AUTHORIZED.—
 7            (1) IN GENERAL.—Subject to the availability of
 8      appropriations for such purposes, the Director shall—
 9                   (A) provide grants to eligible nonprofit pro-
10            grams for supporting hands-on learning oppor-
11            tunities in STEM education, including via after-
12            school activities and innovative learning oppor-
13            tunities such as robotics competitions; and
14                   (B) evaluate the impact of such hands-on
15            learning opportunities on STEM learning and
16            disseminate the results of that evaluation.
17            (2) PRIORITY.—In awarding grants under the
18      program, the Director shall give priority to eligible
19      nonprofit programs serving students that attend ele-
20      mentary, secondary, or high schools that—
21                   (A) are implementing comprehensive sup-
22            port and improvement activities or targeted sup-
23            port and improvement activities under para-
24            graph (1) or (2) of section 1111(d) of the Ele-




     † HR 4521 EAS
                                127
 1             mentary and Secondary Education Act of 1965
 2             (20 U.S.C. 6311(d)); or
 3                    (B) serve high percentages of students who
 4             are eligible for a free or reduced price lunch
 5             under the Richard B. Russell National School
 6             Lunch Act (42 U.S.C. 1751 et seq.) (which, in
 7             the case of a high school, may be calculated using
 8             comparable data from the schools that feed into
 9             the high school).
10       (e) AUTHORIZATION OF APPROPRIATIONS.—From the
11 amounts made available to carry out section 2106 under
12 section 2116 for each of fiscal years 2022 through 2026, the
13 Director shall use $25,000,000 for each such fiscal year to
14 carry out this section.
15   SEC. 2115. INTELLECTUAL PROPERTY PROTECTION.

16       Consistent with the requirements for the award, all in-
17 tellectual property that is developed through the Founda-
18 tion, or any program that has received funding through this
19 division (or an amendment made by this division), shall
20 not be transferred to—
21             (1) any foreign entity of concern, as defined in
22       section 2307(a);
23             (2) any United States subsidiary, division, or
24       chapter of such a foreign entity of concern; or




      † HR 4521 EAS
                                  128
1              (3) any for-profit, or nonprofit, partnership that
2        includes such a foreign entity of concern in the part-
3        nership.
4    SEC. 2116. AUTHORIZATION OF APPROPRIATIONS FOR THE

5                     FOUNDATION.

6        (a) FISCAL YEAR 2022.—
7              (1) FOUNDATION.—There is authorized to be ap-
8        propriated to the Foundation $10,800,000,000 for fis-
9        cal year 2022.
10             (2) SPECIFIC NSF ALLOCATIONS.—Of the amount
11       authorized under paragraph (1)—
12                     (A) $9,000,000,000 shall be made available
13             to carry out the activities of the Foundation out-
14             side of the Directorate, of which $1,000,000,000
15             shall be for STEM education and related activi-
16             ties, including workforce activities under section
17             2202; and
18                     (B) $1,800,000,000 shall be made available
19             to the Directorate, of which—
20                          (i) $594,000,000 shall be for the inno-
21                     vation centers under section 2104;
22                          (ii) $324,000,000 shall be for scholar-
23                     ships, fellowships, and other activities under
24                     section 2106;




      † HR 4521 EAS
                                 129
 1                       (iii) $252,000,000 shall be for aca-
 2                   demic technology transfer under section
 3                   2109;
 4                       (iv) $180,000,000 shall be for test beds
 5                   under section 2108;
 6                       (v) $270,000,000 shall be for research
 7                   and development activities under section
 8                   2107; and
 9                       (vi) an amount equal to 10 percent of
10                   the total made available to the Directorate
11                   under this subparagraph shall be trans-
12                   ferred to the Foundation for collaboration
13                   with directorates and offices of the Founda-
14                   tion outside of the Directorate as described
15                   under section 2102(c)(7).
16      (b) FISCAL YEAR 2023.—
17            (1) FOUNDATION.—There is authorized to be ap-
18      propriated to the Foundation $12,800,000,000 for fis-
19      cal year 2023.
20            (2) SPECIFIC NSF ALLOCATIONS.—Of the amount
21      authorized under paragraph (1)—
22                   (A) $9,600,000,000 shall be made available
23            to carry out the activities of the Foundation out-
24            side of the Directorate, of which $1,190,000,000
25            shall be for STEM education and related activi-


     † HR 4521 EAS
                                 130
 1            ties, including workforce activities under section
 2            2202; and
 3                   (B) $3,200,000,000 shall be made available
 4            to the Directorate, of which—
 5                        (i) $1,056,000,000 shall be for the in-
 6                   novation centers under section 2104;
 7                        (ii) $576,000,000 shall be for scholar-
 8                   ships, fellowships, and other activities under
 9                   section 2106;
10                        (iii) $448,000,000 shall be for aca-
11                   demic technology transfer under section
12                   2109;
13                        (iv) $320,000,000 shall be for test beds
14                   under section 2108;
15                        (v) $480,000,000 shall be for research
16                   and development activities under section
17                   2107; and
18                        (vi) an amount equal to 10 percent of
19                   the total made available to the Directorate
20                   under this subparagraph shall be trans-
21                   ferred to the Foundation for collaboration
22                   with directorates and offices of the Founda-
23                   tion outside of the Directorate as described
24                   under section 2102(c)(7).
25      (c) FISCAL YEAR 2024.—


     † HR 4521 EAS
                                131
1             (1) FOUNDATION.—There is authorized to be ap-
2       propriated to the Foundation $16,600,000,000 for fis-
3       cal year 2024.
 4            (2) SPECIFIC NSF ALLOCATIONS.—Of the amount
 5      authorized under paragraph (1)—
 6                   (A) $10,300,000,000 shall be made available
 7            to carry out the activities of the Foundation out-
 8            side of the Directorate, of which $1,600,000,000
 9            shall be for STEM education and related activi-
10            ties, including workforce activities under section
11            2202; and
12                   (B) $6,300,000,000 shall be made available
13            to the Directorate, of which—
14                        (i) $2,079,000,000 shall be for the in-
15                   novation centers under section 2104;
16                        (ii) $1,134,000,000 shall be for scholar-
17                   ships, fellowships, and other activities under
18                   section 2106;
19                        (iii) $882,000,000 shall be for aca-
20                   demic technology transfer under section
21                   2109;
22                        (iv) $630,000,000 shall be for test beds
23                   under section 2108;




     † HR 4521 EAS
                                 132
 1                       (v) $945,000,000 shall be for research
 2                   and development activities under section
 3                   2107; and
 4                       (vi) an amount equal to 10 percent of
 5                   the total made available to the Directorate
 6                   under this subparagraph shall be trans-
 7                   ferred to the Foundation for collaboration
 8                   with directorates and offices of the Founda-
 9                   tion outside of the Directorate as described
10                   under section 2102(c)(7).
11      (d) FISCAL YEAR 2025.—
12            (1) FOUNDATION.—There is authorized to be ap-
13      propriated to the Foundation $19,500,000,000 for fis-
14      cal year 2025.
15            (2) SPECIFIC NSF ALLOCATIONS.—Of the amount
16      authorized under paragraph (1)—
17                   (A) $11,100,000,000 shall be made available
18            to carry out the activities of the Foundation out-
19            side of the Directorate, of which $2,100,000,000
20            shall be for STEM education and related activi-
21            ties, including workforce activities under section
22            2202; and
23                   (B) $8,400,000,000 shall be made available
24            to the Directorate, of which—




     † HR 4521 EAS
                                 133
 1                        (i) $2,772,000,000 shall be for the in-
 2                   novation centers under section 2104;
 3                        (ii) $1,512,000,000 shall be for scholar-
 4                   ships, fellowships, and other activities under
 5                   section 2106;
 6                        (iii) $1,176,000,000 shall be for aca-
 7                   demic technology transfer under section
 8                   2109;
 9                        (iv) $840,000,000 shall be for test beds
10                   under section 2108;
11                        (v) $1,260,000,000 shall be for research
12                   and development activities under section
13                   2107; and
14                        (vi) an amount equal to 10 percent of
15                   the total made available to the Directorate
16                   under this subparagraph shall be trans-
17                   ferred to the Foundation for collaboration
18                   with directorates and offices of the Founda-
19                   tion outside of the Directorate as described
20                   under section 2102(c)(7).
21      (e) FISCAL YEAR 2026.—
22            (1) FOUNDATION.—There is authorized to be ap-
23      propriated to the Foundation $21,300,000,000 for fis-
24      cal year 2026.




     † HR 4521 EAS
                                 134
 1            (2) SPECIFIC NSF ALLOCATIONS.—Of the amount
 2      authorized under paragraph (1)—
 3                   (A) $12,000,000,000 shall be made available
 4            to carry out the activities of the Foundation out-
 5            side of the Directorate, of which $2,540,000,000
 6            shall be for STEM education and related activi-
 7            ties, including workforce activities under section
 8            2202; and
 9                   (B) $9,300,000,000 shall be made available
10            to the Directorate, of which—
11                        (i) $3,069,000,000 shall be for the in-
12                   novation centers under section 2104;
13                        (ii) $1,674,000,000 shall be for scholar-
14                   ships, fellowships, and other activities under
15                   section 2106;
16                        (iii) $1,302,000,000 shall be for aca-
17                   demic technology transfer under section
18                   2109;
19                        (iv) $930,000,000 shall be for test beds
20                   under section 2108;
21                        (v) $1,395,000,000 shall be for research
22                   and development activities under section
23                   2107; and
24                        (vi) an amount equal to 10 percent of
25                   the total made available to the Directorate


     † HR 4521 EAS
                               135
 1                   under this subparagraph shall be trans-
 2                   ferred to the Foundation for collaboration
 3                   with directorates and offices of the Founda-
 4                   tion outside of the Directorate as described
 5                   under section 2102(c)(7).
 6      (f) ALLOCATION AND LIMITATIONS.—
 7            (1) ALLOCATION FOR THE OFFICE OF INSPECTOR
 8      GENERAL.—From any amounts appropriated for the

 9      Foundation for a fiscal year, the Director shall allo-
10      cate for necessary expenses of the Office of Inspector
11      General of the Foundation an amount of not less than
12      $33,000,000 in any fiscal year for oversight of the
13      programs and activities funded under this section in
14      accordance with the Inspector General Act of 1978 (5
15      U.S.C. App.).
16            (2) SUPPLEMENT         AND   NOT   SUPPLANT.—The

17      amounts authorized to be appropriated under this sec-
18      tion shall supplement, and not supplant, any other
19      amounts previously appropriated to the Office of the
20      Inspector General of the Foundation.
21            (3) NO NEW AWARDS.—The Director shall not
22      make any new awards for the activities under the Di-
23      rectorate for any fiscal year in which the total
24      amount appropriated to the Foundation (not includ-
25      ing amounts appropriated for the Directorate) is less


     † HR 4521 EAS
                                 136
1        than the total amount appropriated to the Founda-
2        tion (not including such amounts), adjusted by the
3        rate of inflation, for the previous fiscal year.
4              (4) NO FUNDS FOR CONSTRUCTION.—No funds
5        provided to the Directorate under this section shall be
6        used for construction.
7    SEC. 2117. AUTHORIZATION OF APPROPRIATIONS FOR THE

8                     DEPARTMENT OF ENERGY.

9        (a) AUTHORIZATION OF APPROPRIATIONS.—
10             (1) FISCAL YEAR 2022.—There is authorized to be
11       appropriated       to   the   Department     of    Energy
12       $1,000,000,000 for fiscal year 2022 to carry out re-
13       search and development and address energy-related
14       supply chain activities within the key technology
15       focus areas.
16             (2) FISCAL YEAR 2023.—There is authorized to be
17       appropriated       to   the   Department     of    Energy
18       $1,800,000,000 for fiscal year 2023 to carry out re-
19       search and development and address energy-related
20       supply chain activities within the key technology
21       focus areas.
22             (3) FISCAL YEAR 2024.—There is authorized to be
23       appropriated       to   the   Department     of    Energy
24       $3,700,000,000 for fiscal year 2024 to carry out re-
25       search and development and address energy-related


      † HR 4521 EAS
                               137
 1       supply chain activities within the key technology
 2       focus areas.
 3             (4) FISCAL YEAR 2025.—There is authorized to be
 4       appropriated    to    the   Department   of   Energy
 5       $4,900,000,000 for fiscal year 2025 to carry out re-
 6       search and development and address energy-related
 7       supply chain activities within the key technology
 8       focus areas.
 9             (5) FISCAL YEAR 2026.—There is authorized to be
10       appropriated    to    the   Department   of   Energy
11       $5,500,000,000 for fiscal year 2026 to carry out re-
12       search and development and address energy-related
13       supply chain activities within the key technology
14       focus areas.
15       (b) SUPPLEMENT AND NOT SUPPLANT.—The amounts
16 authorized to be appropriated under this section shall sup-
17 plement, and not supplant, any other amounts previously
18 authorized to be appropriated to the Department of Energy.
19       (c) NO FUNDS FOR CONSTRUCTION.—No funds pro-
20 vided to the Department of Energy under this section shall
21 be used for construction.




      † HR 4521 EAS
                                  138
 1   SEC. 2118. AUTHORIZATION OF APPROPRIATIONS FOR THE

 2                    DEFENSE ADVANCED RESEARCH PROJECTS

 3                    AGENCY.

 4       (a) IN GENERAL.—Notwithstanding any other provi-
 5 sion of law, there is authorized to be appropriated for the
 6 Defense Advanced Research Projects Agency to conduct re-
 7 search and development in key technology focus areas
 8 $3,500,000,000 for each of fiscal years 2022 through 2026.
 9       (b) SUPPLEMENT, NOT SUPPLANT.—Any amount ap-
10 propriated pursuant to the authorization in subsection (a)
11 shall supplement and not supplant any amounts already
12 appropriated for the Defense Advanced Research Projects
13 Agency.
14 TITLE II—NSF RESEARCH, STEM,
15    AND GEOGRAPHIC DIVERSITY
16    INITIATIVES
17   SEC. 2201. CHIEF DIVERSITY OFFICER OF THE NSF.

18       (a) CHIEF DIVERSITY OFFICER.—
19             (1) APPOINTMENT.—The President shall appoint,
20       by and with the consent of the Senate, a Chief Diver-
21       sity Officer of the Foundation.
22             (2) QUALIFICATIONS.—The Chief Diversity Offi-
23       cer shall have significant experience, within the Fed-
24       eral Government and the science community, with
25       diversity- and inclusion-related matters, including—
26                     (A) civil rights compliance;
      † HR 4521 EAS
                                 139
 1                    (B) harassment policy, reviews, and inves-
 2             tigations;
 3                    (C) equal employment opportunity; and
 4                    (D) disability policy.
 5             (3) OVERSIGHT.—The Chief Diversity Officer
 6       shall direct the Office of Diversity and Inclusion of
 7       the Foundation and report directly to the Director in
 8       the performance of the duties of the Chief Diversity
 9       Officer under this section.
10       (b) DUTIES.—The Chief Diversity Officer is respon-
11 sible for providing advice on policy, oversight, guidance,
12 and coordination with respect to matters of the Foundation
13 related to diversity and inclusion, including ensuring the
14 geographic diversity of the Foundation programs. Other du-
15 ties may include—
16             (1) establishing and maintaining a strategic
17       plan that publicly states a diversity definition, vi-
18       sion, and goals for the Foundation;
19             (2) defining a set of strategic metrics that are—
20                    (A) directly linked to key organizational
21             priorities and goals;
22                    (B) actionable; and
23                    (C) actively used to implement the strategic
24             plan under paragraph (1);




      † HR 4521 EAS
                              140
 1             (3) advising in the establishment of a strategic
 2       plan for diverse participation by individuals and in-
 3       stitutions of higher education, including community
 4       colleges, historically Black colleges and universities,
 5       Tribal colleges or universities, minority-serving insti-
 6       tutions, institutions of higher education with an es-
 7       tablished STEM capacity building program focused
 8       on traditionally underrepresented populations in
 9       STEM, including Native Hawaiians, Alaska Natives,
10       and Indians, and institutions from jurisdictions eligi-
11       ble to participate under section 113 of the National
12       Science Foundation Authorization Act of 1988 (42
13       U.S.C. 1862g);
14             (4) advising in the establishment of a strategic
15       plan for outreach to, and recruiting from, untapped
16       locations and underrepresented populations;
17             (5) advising on the application of the Founda-
18       tion’s broader impacts review criterion; and
19             (6) performing such additional duties and exer-
20       cise such powers as the Director may prescribe.
21       (c) FUNDING.—From any amounts appropriated for
22 the Foundation for each of fiscal years 2022 through 2026,
23 the Director shall allocate $5,000,000 to carry out this sec-
24 tion for each such year.




      † HR 4521 EAS
                               141
 1   SEC. 2202. PROGRAMS TO ADDRESS THE STEM WORKFORCE.

 2       (a) IN GENERAL.—The Director shall issue under-
 3 graduate scholarships, including at community colleges,
 4 graduate fellowships and traineeships, postdoctoral awards,
 5 and, as appropriate, other awards.
 6       (b) IMPLEMENTATION.—The Director may carry out
 7 subsection (a) by making awards—
 8             (1) directly to students; or
 9             (2) to institutions of higher education or con-
10       sortia of institutions of higher education, including
11       those institutions or consortia involved in operating
12       university technology centers established under section
13       2104(a).
14       (c) BROADENING PARTICIPATION.—In carrying out
15 this section, the Director shall take steps to increase the par-
16 ticipation of populations that are underrepresented in
17 STEM, which may include—
18             (1) establishing or augmenting programs tar-
19       geted at populations that are underrepresented in
20       STEM;
21             (2) supporting traineeships or other relevant
22       programs at minority-serving institutions (or institu-
23       tions of higher education with an established STEM
24       capacity building program focused on traditionally
25       underrepresented populations in STEM, including
26       Native Hawaiians, Alaska Natives, and Indians);
      † HR 4521 EAS
                              142
1             (3) addressing current and expected gaps in the
2       availability and skills of the STEM workforce, or ad-
3       dressing the needs of the STEM workforce, including
4       by prioritizing awards to United States citizens, per-
5       manent residents, and individuals that will grow the
6       domestic workforce;
7             (4) addressing geographic diversity in the STEM
8       workforce; and
9             (5) awarding grants to institutions of higher
10      education to address STEM workforce gaps, including
11      for programs that recruit, retain, and progress stu-
12      dents to a bachelor’s degree in a STEM discipline
13      concurrent with a secondary school diploma, such as
14      through existing and new partnerships with State
15      educational agencies.
16      (d) INNOVATION.—
17            (1) GRADUATE      EDUCATION.—In    carrying out
18      this section, the Director shall encourage innovation
19      in graduate education, and studying the impacts of
20      such innovations, including through encouraging in-
21      stitutions of higher education to offer graduate stu-
22      dents opportunities to gain experience in industry or
23      government as part of their graduate training, and
24      through support for students in professional masters
25      programs related to the key technology focus areas.


     † HR 4521 EAS
                               143
 1            (2) POSTDOCTORAL        PROFESSIONAL     DEVELOP-

 2      MENT.—In       carrying out this section, the Director
 3      shall encourage innovation in postdoctoral profes-
 4      sional development, support the development and di-
 5      versity of the STEM workforce, and study the impacts
 6      of such innovation and support. To do so, the Direc-
 7      tor may use postdoctoral awards established under
 8      subsection (a) or leveraged under subsection (e)(1) for
 9      fellowships or other temporary rotational postings of
10      not more than 2 years. Such fellowships or temporary
11      rotational postings shall be awarded—
12                   (A) to qualified individuals who have a doc-
13            toral degree and received such degree not earlier
14            than 5 years before the date that the fellowship
15            or temporary rotational posting begins; and
16                   (B) to carry out research in the key tech-
17            nology focus areas at Federal, State, local, and
18            Tribal government research facilities.
19            (3) DIRECT HIRE AUTHORITY.—
20                   (A) IN GENERAL.—During fiscal year 2021
21            and any fiscal year thereafter, the head of any
22            Federal agency may appoint, without regard to
23            the provisions of subchapter I of chapter 33 of
24            title 5, United States Code, other than sections
25            3303 and 3328 of that title, a qualified can-


     † HR 4521 EAS
                                144
 1             didate described in subparagraph (B) directly to
 2             a position in the competitive service with the
 3             Federal agency for which the candidate meets Of-
 4             fice of Personnel Management qualification
 5             standards.
 6                    (B) FELLOWSHIP     OR   TEMPORARY     ROTA-

 7             TIONAL     POSTING.—Subparagraph      (A) applies
 8             with respect to a former recipient of an award
 9             under this subsection who—
10                        (i) earned a doctoral degree in a
11                    STEM field from an institution of higher
12                    education; and
13                        (ii) successfully fulfilled the require-
14                    ments of the fellowship or temporary rota-
15                    tional posting within a Federal agency.
16                    (C) LIMITATION.—The direct hire authority
17             under this paragraph shall be exercised with re-
18             spect to a specific qualified candidate not later
19             than 2 years after the date that the candidate
20             completed the requirements related to the fellow-
21             ship or temporary rotational posting described
22             under this subsection.
23       (e) EXISTING PROGRAMS.—In carrying out this sec-
24 tion, the Director may leverage existing programs, includ-
25 ing programs that issue—


      † HR 4521 EAS
                               145
 1             (1) postdoctoral awards;
 2             (2) graduate fellowships and traineeships, inclu-
 3       sive of the NSF Research Traineeships and fellow-
 4       ships awarded under the Graduate Research Fellow-
 5       ship Program; and
 6             (3) scholarships, research experiences, and in-
 7       ternships, including—
 8                    (A) scholarships to attend community col-
 9             leges; and
10                    (B) research experiences and internships
11             under sections 513, 514, and 515 of the America
12             COMPETES Reauthorization Act of 2010 (42
13             U.S.C. 1862p–5; 1862p–6; 42 U.S.C. 1862p–7);
14             and
15             (4) awards to institutions of higher education to
16       enable the institutions to fund innovation in under-
17       graduate and graduate education, increased edu-
18       cational capacity, and the development and establish-
19       ment of new or specialized programs of study for
20       graduate, undergraduate, or technical college students,
21       and the evaluation of the effectiveness of the programs
22       of study.
23       (f) SET ASIDE.—The Director shall ensure that not less
24 than 20 percent of the funds available to carry out this sec-
25 tion shall be used to support institutions of higher edu-


      † HR 4521 EAS
                              146
 1 cation, and other institutions, located in jurisdictions that
 2 participate in the program under section 113 of the Na-
 3 tional Science Foundation Authorization Act of 1988 (42
 4 U.S.C. 1862g).
 5   SEC. 2203. EMERGING RESEARCH INSTITUTION PILOT PRO-

 6                    GRAM.

 7       (a) IN GENERAL.—The Director shall establish a 5-
 8 year pilot program for awarding grants to eligible partner-
 9 ships, led by 1 or more emerging research institutions, to
10 build research and education capacity at emerging research
11 institutions to enable such institutions to contribute to pro-
12 grams run by the Directorate.
13       (b) APPLICATIONS.—An eligible partnership seeking a
14 grant under this section shall submit an application to the
15 Director at such time, in such manner, and containing such
16 information as the Director may reasonably require, in-
17 cluding a statement of how the partnership will use the
18 funds awarded through the grant to achieve a lasting, sus-
19 tainable increase in the research and education capacity
20 of each emerging research institution included in the eligi-
21 ble partnership.
22       (c) ACTIVITIES.—An eligible partnership receiving a
23 grant under this section may use the funds awarded through
24 such grant for increasing research, education, and innova-
25 tion capacity, including for—


      † HR 4521 EAS
                               147
1              (1) faculty training and resources, including
2        joint resources;
3              (2) research experiences for undergraduate and
4        graduate students; and
5              (3) maintenance and repair of research equip-
6        ment and instrumentation.
 7       (d) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this
 8 section, the term ‘‘eligible partnership’’ means a partner-
 9 ship of—
10             (1) at least 1 emerging research institution; and
11             (2) at least 1 institution that, on average for the
12       3 years prior to an application for an award under
13       this section, received more than $100,000,000 in Fed-
14       eral research funding.
15   SEC. 2204. PERSONNEL MANAGEMENT AUTHORITIES FOR

16                    THE FOUNDATION.

17       (a) EXPERTS IN SCIENCE AND ENGINEERING.—
18             (1) PROGRAM      AUTHORIZED.—The      Foundation
19       may carry out a program of personnel management
20       authority provided under paragraph (2) in order to
21       facilitate recruitment of eminent experts in science or
22       engineering for research and development projects and
23       to enhance the administration and management of the
24       Foundation.




      † HR 4521 EAS
                               148
 1            (2) PERSONNEL        MANAGEMENT     AUTHORITY.—

 2      Under the program under paragraph (1), the Foun-
 3      dation may—
 4                   (A) without regard to any provision of title
 5            5, United States Code, governing the appoint-
 6            ment of employees in the civil service, appoint
 7            individuals to a total of not more than 140 posi-
 8            tions in the Foundation, of which not more than
 9            5 such positions may be positions of administra-
10            tion or management of the Foundation;
11                   (B) notwithstanding any provision of title
12            5, United States Code, governing the rates of pay
13            or classification of employees in the executive
14            branch, prescribe the rates of basic pay for posi-
15            tions to which employees are appointed under
16            subparagraph (A)—
17                       (i) in the case of employees appointed
18                   pursuant to subparagraph (A) to any of 5
19                   positions designated by the Foundation for
20                   purposes of this clause, at rates not in ex-
21                   cess of a rate equal to 150 percent of the
22                   maximum rate of basic pay authorized for
23                   positions at level I of the Executive Sched-
24                   ule under section 5312 of title 5, United
25                   States Code; and


     † HR 4521 EAS
                                149
 1                        (ii) in the case of any other employee
 2                   appointed pursuant to subparagraph (A),
 3                   at rates not in excess of the maximum rate
 4                   of basic pay authorized for senior-level posi-
 5                   tions under section 5376 of title 5, United
 6                   States Code; and
 7                   (C) pay any employee appointed under sub-
 8            paragraph (A), other than an employee ap-
 9            pointed to a position designated as described in
10            subparagraph (B)(i), payments in addition to
11            basic pay within the limit applicable to the em-
12            ployee under paragraph (4).
13            (3) LIMITATION ON TERM OF APPOINTMENT.—
14                   (A) IN GENERAL.—Except as provided in
15            subparagraph (B), the service of an employee
16            under an appointment under paragraph (2)(A)
17            may not exceed 4 years.
18                   (B) EXTENSION.—The Director may, in the
19            case of a particular employee under the program
20            under paragraph (1), extend the period to which
21            service is limited under subparagraph (A) by up
22            to 2 years if the Director determines that such
23            action is necessary to promote the efficiency of
24            the Foundation, as applicable.




     † HR 4521 EAS
                                150
 1             (4) MAXIMUM       AMOUNT    OF   ADDITIONAL   PAY-

 2       MENTS PAYABLE.—Notwithstanding any other provi-

 3       sion of this subsection or section 5307 of title 5,
 4       United States Code, no additional payments may be
 5       paid to an employee under paragraph (2)(C) in any
 6       calendar year if, or to the extent that, the employee’s
 7       total annual compensation in such calendar year will
 8       exceed the maximum amount of total annual com-
 9       pensation payable at the salary set in accordance
10       with section 104 of title 3, United States Code.
11       (b) HIGHLY QUALIFIED EXPERTS IN NEEDED OCCU-
12   PATIONS.—

13             (1) IN GENERAL.—The Foundation may carry
14       out a program using the authority provided in para-
15       graph (2) in order to attract highly qualified experts
16       in needed occupations, as determined by the Founda-
17       tion. Individuals hired by the Director through such
18       authority may include individuals with expertise in
19       business creativity, innovation management, design
20       thinking, entrepreneurship, venture capital, and re-
21       lated fields.
22             (2) AUTHORITY.—Under the program, the Foun-
23       dation may—
24                    (A) appoint personnel from outside the civil
25             service and uniformed services (as such terms are


      † HR 4521 EAS
                                151
 1            defined in section 2101 of title 5, United States
 2            Code) to positions in the Foundation without re-
 3            gard to any provision of title 5, United States
 4            Code, governing the appointment of employees to
 5            positions in the Foundation;
 6                   (B) prescribe the rates of basic pay for posi-
 7            tions to which employees are appointed under
 8            subparagraph (A) at rates not in excess of the
 9            maximum rate of basic pay authorized for sen-
10            ior-level positions under section 5376 of title 5,
11            United States Code, as increased by locality-
12            based comparability payments under section
13            5304 of such title, notwithstanding any provi-
14            sion of such title governing the rates of pay or
15            classification of employees in the executive
16            branch; and
17                   (C) pay any employee appointed under sub-
18            paragraph (A) payments in addition to basic
19            pay within the limits applicable to the employee
20            under paragraph (4).
21            (3) LIMITATION ON TERM OF APPOINTMENT.—
22                   (A) IN GENERAL.—Except as provided in
23            subparagraph (B), the service of an employee
24            under an appointment made pursuant to this
25            subsection may not exceed 5 years.


     † HR 4521 EAS
                               152
 1                   (B) EXTENSION.—The Foundation may, in
 2            the case of a particular employee, extend the pe-
 3            riod to which service is limited under subpara-
 4            graph (A) by up to 1 additional year if the
 5            Foundation determines that such action is nec-
 6            essary to promote the Foundation’s national se-
 7            curity missions.
8             (4) LIMITATIONS ON ADDITIONAL PAYMENTS.—
 9                   (A) TOTAL AMOUNT.—
10                       (i) IN GENERAL.—The total amount of
11                   the additional payments paid to an em-
12                   ployee under this subsection for any 12-
13                   month period may not exceed the lesser of
14                   the following amounts:
15                            (I) $50,000 in fiscal year 2021,
16                       which may be adjusted annually there-
17                       after by the Foundation, with a per-
18                       centage increase equal to one-half of 1
19                       percentage point less than the percent-
20                       age by which the Employment Cost
21                       Index, published quarterly by the Bu-
22                       reau of Labor Statistics, for the base
23                       quarter of the year before the preceding
24                       calendar year exceeds the Employment
25                       Cost Index for the base quarter of the


     † HR 4521 EAS
                                153
 1                         second year before the preceding cal-
 2                         endar year.
 3                             (II) The amount equal to 50 per-
 4                         cent of the employee’s annual rate of
 5                         basic pay.
 6                         (ii) DEFINITION OF BASE QUARTER.—
 7                   For purposes of this subparagraph, the term
 8                   ‘‘base quarter’’ has the meaning given such
 9                   term by section 5302(3) of title 5, United
10                   States Code.
11                   (B) ELIGIBILITY FOR PAYMENTS.—An em-
12            ployee appointed under this subsection is not eli-
13            gible for any bonus, monetary award, or other
14            monetary incentive for service, except for pay-
15            ments authorized under this subsection.
16                   (C)    ADDITIONAL    LIMITATION.—Notwith-

17            standing any other provision of this paragraph
18            or of section 5307 of title 5, United States Code,
19            no additional payments may be paid to an em-
20            ployee under this subsection in any calendar
21            year if, or to the extent that, the employee’s total
22            annual compensation will exceed the maximum
23            amount of total annual compensation payable at
24            the salary set in accordance with section 104 of
25            title 3, United States Code.


     † HR 4521 EAS
                                 154
 1            (5) LIMITATION ON NUMBER OF HIGHLY QUALI-
 2      FIED EXPERTS.—The number of highly qualified ex-

 3      perts appointed and retained by the Foundation
 4      under paragraph (2)(A) shall not exceed 140 at any
 5      time.
 6            (6) SAVINGS PROVISIONS.—In the event that the
 7      Foundation terminates the program under this sub-
 8      section, in the case of an employee who, on the day
 9      before the termination of the program, is serving in
10      a position pursuant to an appointment under this
11      subsection—
12                   (A) the termination of the program does not
13            terminate the employee’s employment in that po-
14            sition before the expiration of the lesser of—
15                       (i) the period for which the employee
16                   was appointed; or
17                       (ii) the period to which the employee’s
18                   service is limited under paragraph (3), in-
19                   cluding any extension made under this sub-
20                   section before the termination of the pro-
21                   gram; and
22                   (B) the rate of basic pay prescribed for the
23            position under this subsection may not be re-
24            duced as long as the employee continues to serve
25            in the position without a break in service.


     † HR 4521 EAS
                               155
 1       (c) ADDITIONAL HIRING AUTHORITY.—To the extent
 2 needed to carry out the duties under subsection (a)(1), the
 3 Director is authorized to utilize hiring authorities under
 4 section 3372 of title 5, United States Code, to staff the
 5 Foundation with employees from other Federal agencies,
 6 State and local governments, Indian Tribes and Tribal or-
 7 ganizations, institutions of higher education, and other or-
 8 ganizations, as described in that section, in the same man-
 9 ner and subject to the same conditions, that apply to such
10 individuals utilized to accomplish other missions of the
11 Foundation.
12       (d) NATIONAL ACADEMY        OF   PUBLIC ADMINISTRA-
13   TION.—

14             (1) STUDY.—Not later than 30 days after the
15       date of enactment of this division, the Director shall
16       contract with the National Academy of Public Ad-
17       ministration to conduct a study on the organizational
18       and management structure of the Foundation, to—
19                    (A) evaluate and make recommendations to
20             efficiently and effectively implement the Direc-
21             torate for Technology and Innovation;
22                    (B) evaluate and make recommendations to
23             ensure coordination of the Directorate for Tech-
24             nology and Innovation with other directorates




      † HR 4521 EAS
                                 156
 1             and offices of the Foundation and other Federal
 2             agencies; and
 3                     (C) make recommendations for the manage-
 4             ment of the Foundation’s business and personnel
 5             practices, including implementation of the new
 6             hiring authorities and program director authori-
 7             ties provided in this section and section 2103.
 8             (2) REVIEW.—Upon completion of the study
 9       under paragraph (1), the Foundation shall review the
10       recommendations from the National Academy of Pub-
11       lic Administration and provide a briefing to Congress
12       on the plans of the Foundation to implement any
13       such recommendations.
14   SEC. 2205. ADVANCED TECHNOLOGICAL MANUFACTURING

15                    ACT.

16       (a) FINDINGS AND PURPOSE.—Section 2 of the Sci-
17 entific and Advanced-Technology Act of 1992 (42 U.S.C.
18 1862h) is amended—
19             (1) in subsection (a)—
20                     (A) in paragraph (3), by striking ‘‘science,
21             mathematics, and technology’’ and inserting
22             ‘‘science, technology, engineering, and mathe-
23             matics or STEM’’;
24                     (B) in paragraph (4), by inserting ‘‘edu-
25             cated’’ and before ‘‘trained’’; and


      † HR 4521 EAS
                                157
 1                   (C) in paragraph (5), by striking ‘‘scientific
 2            and technical education and training’’ and in-
 3            serting ‘‘STEM education and training’’; and
 4            (2) in subsection (b)—
 5                   (A) in paragraph (2), by striking ‘‘mathe-
 6            matics and science’’ and inserting ‘‘STEM
 7            fields’’; and
 8                   (B) in paragraph (4), by striking ‘‘mathe-
 9            matics and science instruction’’ and inserting
10            ‘‘STEM instruction’’.
11      (b) MODERNIZING REFERENCES TO STEM.—Section
12 3 of the Scientific and Advanced-Technology Act of 1992
13 (42 U.S.C. 1862i) is amended—
14            (1) in the section heading, by striking ‘‘SCI-
15      ENTIFIC AND TECHNICAL EDUCATION ’’ and in-

16      serting ‘‘STEM EDUCATION’’;
17            (2) in subsection (a)—
18                   (A) in the subsection heading, by striking
19            ‘‘SCIENTIFIC AND TECHNICAL EDUCATION ’’ and
20            inserting ‘‘STEM EDUCATION’’;
21                   (B) in the matter preceding paragraph
22            (1)—
23                        (i) by inserting ‘‘and education to pre-
24                   pare the skilled technical workforce to meet




     † HR 4521 EAS
                                158
1                    workforce demands’’ before ‘‘, and to im-
2                    prove’’;
3                         (ii) by striking ‘‘core education courses
4                    in science and mathematics’’ and inserting
5                    ‘‘core education courses in STEM fields’’;
6                         (iii) by inserting ‘‘veterans and indi-
7                    viduals engaged in’’ before ‘‘work in the
8                    home’’; and
9                         (iv) by inserting ‘‘and on building a
10                   pathway from secondary schools, to asso-
11                   ciate-degree-granting institutions, to careers
12                   that require technical training’’ before ‘‘,
13                   and shall be designed’’;
14                   (C) in paragraph (1)—
15                        (i) by inserting ‘‘and study’’ after ‘‘de-
16                   velopment’’; and
17                        (ii) by striking ‘‘core science and
18                   mathematics courses’’ and inserting ‘‘core
19                   STEM courses’’;
20                   (D) in paragraph (2), by striking ‘‘science,
21            mathematics, and advanced-technology fields’’
22            and inserting ‘‘STEM and advanced-technology
23            fields’’;
24                   (E) in paragraph (3)(A), by inserting ‘‘to
25            support the advanced-technology industries that


     † HR 4521 EAS
                                 159
 1            drive the competitiveness of the United States in
 2            the global economy’’ before the semicolon at the
 3            end;
 4                   (F) in paragraph (4), by striking ‘‘scientific
 5            and advanced-technology fields’’ and inserting
 6            ‘‘STEM and advanced-technology fields’’; and
 7                   (G) in paragraph (5), by striking ‘‘ad-
 8            vanced scientific and technical education’’ and
 9            inserting ‘‘advanced STEM and advanced-tech-
10            nology’’;
11            (3) in subsection (b)—
12                   (A) by striking the subsection heading and
13            inserting the following: ‘‘CENTERS         OF   SCI-
14            ENTIFIC AND TECHNICAL EDUCATION.—’’;

15                   (B) in the matter preceding paragraph (1),
16            by striking ‘‘not to exceed 12 in number’’ and
17            inserting ‘‘in advanced-technology fields’’;
18                   (C) in paragraph (2), by striking ‘‘edu-
19            cation in mathematics and science’’ and insert-
20            ing ‘‘STEM education’’; and
21                   (D) in the flush matter following paragraph
22            (2), by striking ‘‘in the geographic region served
23            by the center’’;
24            (4) in subsection (c)—
25                   (A) in paragraph (1)—


     † HR 4521 EAS
                           160
 1                   (i) in subparagraph (A)—
 2                         (I) in the matter preceding clause
 3                   (i), by striking ‘‘to encourage’’ and all
 4                   that follows through ‘‘such means as—
 5                   ’’ and inserting ‘‘to encourage the de-
 6                   velopment of career and educational
 7                   pathways with multiple entry and exit
 8                   points leading to credentials and de-
 9                   grees, and to assist students pursuing
10                   pathways in STEM fields to transition
11                   from associate-degree-granting colleges
12                   to    bachelor-degree-granting    institu-
13                   tions, through such means as—’’;
14                         (II) in clause (i), by striking ‘‘to
15                   ensure’’ and inserting ‘‘to develop ar-
16                   ticulation agreements that ensure’’;
17                   and
18                         (III) in clause (ii), by striking
19                   ‘‘courses at the bachelor-degree-grant-
20                   ing institution’’ and inserting ‘‘the ca-
21                   reer and educational pathways sup-
22                   ported by the articulation agreements’’;
23                   (ii) in subparagraph (B)—




     † HR 4521 EAS
                                   161
 1                                (I) in clause (i), by inserting
 2                        ‘‘veterans and individuals engaged in’’
 3                        before ‘‘work in the home’’;
 4                                (II) in clause (iii)—
 5                                       (aa) by striking ‘‘bachelor’s-
 6                                degree-granting institutions’’ and
 7                                inserting ‘‘institutions or work
 8                                sites’’; and
 9                                       (bb) by inserting ‘‘or indus-
10                                try internships’’ after ‘‘summer
11                                programs’’; and
12                                (III) by striking the flush text fol-
13                        lowing clause (iv); and
14                        (iii) by striking subparagraph (C);
15                   (B) in paragraph (2)—
16                        (i) by striking ‘‘mathematics and
17                   science programs’’ and inserting ‘‘STEM
18                   programs’’;
19                        (ii) by inserting ‘‘and, as appropriate,
20                   elementary schools,’’ after ‘‘with secondary
21                   schools’’;
22                        (iii) by striking ‘‘mathematics and
23                   science education’’ and inserting ‘‘STEM
24                   education’’;




     † HR 4521 EAS
                                  162
 1                         (iv) by striking ‘‘secondary school stu-
 2                   dents’’ and inserting ‘‘students at these
 3                   schools’’;
 4                         (v) by striking ‘‘science and advanced-
 5                   technology fields’’ and inserting ‘‘STEM
 6                   and advanced-technology fields’’; and
 7                         (vi) by striking ‘‘agreements with local
 8                   educational agencies’’ and inserting ‘‘ar-
 9                   ticulation agreements or dual credit courses
10                   with local secondary schools, or other means
11                   as the Director determines appropriate,’’;
12                   and
13                   (C) in paragraph (3)—
14                         (i) by striking subparagraph (B);
15                         (ii) by striking ‘‘shall—’’and all that
16                   follows through ‘‘establish a’’ and inserting
17                   ‘‘shall establish a’’;
18                         (iii) by striking ‘‘the fields of science,
19                   technology, engineering, and mathematics’’
20                   and inserting ‘‘STEM fields’’; and
21                         (iv) by striking ‘‘; and’’ and inserting
22                   ‘‘, including jobs at Federal and academic
23                   laboratories.’’;
24            (5) in subsection (d)(2)—




     † HR 4521 EAS
                                 163
1                    (A) in subparagraph (D), by striking ‘‘and’’
2             after the semicolon;
3                    (B) in subparagraph (E), by striking the
4             period at the end and inserting a semicolon; and
5                    (C) by adding at the end the following:
6                    ‘‘(F) as appropriate, applications that
7             apply the best practices for STEM education and
8             technical skills education through distance learn-
9             ing or in a simulated work environment, as de-
10            termined by research described in subsection (f);
11            and’’;
12            (6) in subsection (g), by striking the second sen-
13      tence;
14            (7) in subsection (h)(1)—
15                   (A) in subparagraph (A), by striking
16            ‘‘2022’’ and inserting ‘‘2026’’;
17                   (B) in subparagraph (B), by striking
18            ‘‘2022’’ and inserting ‘‘2026’’; and
19                   (C) in subparagraph (C)—
20                        (i) by striking ‘‘up to $2,500,000’’ and
21                   inserting ‘‘not less than $3,000,000’’; and
22                        (ii) by striking ‘‘2022’’ and inserting
23                   ‘‘2026’’;
24            (8) in subsection (i)—
25                   (A) by striking paragraph (3); and


     † HR 4521 EAS
                                164
1                    (B) by redesignating paragraphs (4) and
2             (5) as paragraphs (3) and (4), respectively; and
3             (9) in subsection (j)—
4                    (A) by striking paragraph (1) and inserting
5             the following:
6             ‘‘(1) the term advanced-technology includes tech-
7       nological fields such as advanced manufacturing, ag-
8       ricultural-, biological- and chemical-technologies, en-
9       ergy and environmental technologies, engineering
10      technologies, information technologies, micro and
11      nano-technologies,         cybersecurity      technologies,
12      geospatial technologies, and new, emerging technology
13      areas;’’;
14                   (B) in paragraph (4), by striking ‘‘separate
15            bachelor-degree-granting institutions’’ and in-
16            serting ‘‘other entities’’;
17                   (C) by striking paragraph (7);
18                   (D) by redesignating paragraphs (8) and
19            (9) as paragraphs (7) and (8), respectively;
20                   (E) in paragraph (7), as redesignated by
21            subparagraph (D), by striking ‘‘and’’ after the
22            semicolon;
23                   (F) in paragraph (8), as redesignated by
24            subparagraph (D)—




     † HR 4521 EAS
                                 165
 1                         (i) by striking ‘‘mathematics, science,
 2                    engineering, or technology’’ and inserting
 3                    ‘‘science, technology, engineering, or mathe-
 4                    matics’’; and
 5                         (ii) by striking the period at the end
 6                    and inserting ‘‘; and’’; and
 7                    (G) by adding at the end the following:
 8             ‘‘(9) the term skilled technical workforce means
 9       workers—
10                    ‘‘(A) in occupations that use significant lev-
11             els of science and engineering expertise and tech-
12             nical knowledge; and
13                    ‘‘(B) whose level of educational attainment
14             is less than a bachelor degree.’’.
15       (c) AUTHORIZATION OF APPROPRIATIONS.—Section 5
16 of the Scientific and Advanced-Technology Act of 1992 (42
17 U.S.C. 1862j) is amended to read as follows:
18   ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

19       ‘‘There are authorized to be appropriated to the Direc-
20 tor (from sums otherwise authorized to be appropriated for
21 the Foundation) for carrying out sections 2 through 4,
22 $150,000,000 for fiscal years 2022 through 2026.’’.




      † HR 4521 EAS
                                 166
 1   SEC. 2206. INTRAMURAL EMERGING INSTITUTIONS PILOT

 2                    PROGRAM.

 3       (a) ESTABLISHMENT.—The Director shall conduct
 4 multiple pilot programs within the Foundation to expand
 5 the number of institutions of higher education (including
 6 such institutions that are community colleges), and other
 7 eligible entities that the Director determines appropriate,
 8 that are able to successfully compete for Foundation grants.
 9       (b) COMPONENTS.—Each pilot program described in
10 subsection (a) shall include at least 1 of the following ele-
11 ments:
12             (1) A mentorship program.
13             (2) Grant writing technical assistance.
14             (3) Targeted outreach, including to a minority-
15       serving institution (including a historically Black col-
16       lege or university, a Tribal college or university, or
17       a Hispanic-serving institution or an institution of
18       higher education with an established STEM capacity
19       building program focused on traditionally underrep-
20       resented populations in STEM, including Native Ha-
21       waiians, Alaska Natives, and Indians).
22             (4) Programmatic support or solutions for insti-
23       tutions or entities that do not have an experienced
24       grant management office.




      † HR 4521 EAS
                              167
 1             (5) An increase in the number of grant reviewers
 2       from institutions of higher education that have not
 3       traditionally received funds from the Foundation.
 4             (6) An increase of the term and funding, for a
 5       period of 3 years or less, as appropriate, to a prin-
 6       cipal investigator that is a first-time grant awardee,
 7       when paired with regular mentoring on the adminis-
 8       trative aspects of grant management.
 9       (c) LIMITATION.—As appropriate, each pilot program
10 described in subsection (a) shall work to reduce administra-
11 tive burdens.
12       (d) AGENCY-WIDE PROGRAMS.—Not later than 5 years
13 after the date of enactment of this division, the Director
14 shall—
15             (1) review the results of the pilot programs de-
16       scribed in subsection (a); and
17             (2) develop agency-wide best practices from the
18       pilot programs for implementation across the Foun-
19       dation, in order to fulfill the requirement under sec-
20       tion 3(e) of the National Science Foundation Act of
21       1950 (42 U.S.C. 1862(e)).
22   SEC. 2207. PUBLIC-PRIVATE PARTNERSHIPS.

23       (a) IN GENERAL.—The Director shall pursue partner-
24 ships with private industry, private foundations, or other
25 appropriate private entities to—


      † HR 4521 EAS
                              168
 1             (1) enhance the impact of the Foundation’s in-
 2       vestments and contributions to the United States eco-
 3       nomic competitiveness and security; and
 4             (2) make available infrastructure, expertise, and
 5       financial resources to the United States scientific and
 6       engineering research and education enterprise.
 7       (b) MERIT REVIEW.—Nothing in this section shall be
 8 construed as altering any intellectual or broader impacts
 9 criteria at the Foundation for evaluating grant applica-
10 tions.
11   SEC. 2208. AI SCHOLARSHIP-FOR-SERVICE ACT.

12       (a) DEFINITIONS.—In this section:
13             (1) ARTIFICIAL INTELLIGENCE.—The term ‘‘arti-
14       ficial intelligence’’ or ‘‘AI’’ has the meaning given the
15       term ‘‘artificial intelligence’’ in section 238(g) of the
16       John S. McCain National Defense Authorization Act
17       for Fiscal Year 2019 (10 U.S.C. 2358 note).
18             (2) EXECUTIVE AGENCY.—The term ‘‘executive
19       agency’’ has the meaning given the term ‘‘Executive
20       agency’’ in section 105 of title 5, United States Code.
21             (3) REGISTERED INTERNSHIP.—The term ‘‘reg-
22       istered internship’’ means a Federal Registered In-
23       ternship Program coordinated through the Depart-
24       ment of Labor.




      † HR 4521 EAS
                               169
 1       (b) IN GENERAL.—The Director, in coordination with
 2 the Director of the Office of Personnel Management, the Di-
 3 rector of the National Institute of Standards and Tech-
 4 nology, and the heads of other agencies with appropriate
 5 scientific knowledge, shall establish a Federal artificial in-
 6 telligence scholarship-for-service program (referred to in
 7 this section as the Federal AI Scholarship-for-Service Pro-
 8 gram) to recruit and train artificial intelligence profes-
 9 sionals to lead and support the application of artificial in-
10 telligence to the missions of Federal, State, local, and Tribal
11 governments.
12       (c) QUALIFIED INSTITUTION          OF   HIGHER EDU-
13   CATION.—The Director, in coordination with the heads of

14 other agencies with appropriate scientific knowledge, shall
15 establish criteria to designate qualified institutions of high-
16 er education that shall be eligible to participate in the Fed-
17 eral AI Scholarship-for-Service program. Such criteria
18 shall include—
19             (1) measures of the institution’s demonstrated
20       excellence in the education of students in the field of
21       artificial intelligence; and
22             (2) measures of the institution’s ability to at-
23       tract and retain a diverse and non-traditional stu-
24       dent population in the fields of science, technology,
25       engineering, and mathematics, which may include the


      † HR 4521 EAS
                              170
 1      ability to attract women, minorities, and individuals
 2      with disabilities.
 3      (d) PROGRAM DESCRIPTION AND COMPONENTS.—The
 4 Federal AI Scholarship-for-Service Program shall—
 5            (1) provide scholarships through qualified insti-
 6      tutions of higher education to students who are en-
 7      rolled in programs of study at institutions of higher
 8      education leading to degrees or concentrations in or
 9      related to the artificial intelligence field;
10            (2) provide the scholarship recipients with sum-
11      mer internship opportunities, registered internships,
12      or other meaningful temporary appointments in the
13      Federal workforce focusing on AI projects or research;
14            (3) prioritize the employment placement of schol-
15      arship recipients in executive agencies;
16            (4) identify opportunities to promote multi-dis-
17      ciplinary programs of study that integrate basic or
18      advanced AI training with other fields of study, in-
19      cluding those that address the social, economic, legal,
20      and ethical implications of human interaction with
21      AI systems; and
22            (5) support capacity-building education research
23      programs that will enable postsecondary educational
24      institutions to expand their ability to train the next-




     † HR 4521 EAS
                               171
 1       generation AI workforce, including AI researchers and
 2       practitioners.
 3       (e) SCHOLARSHIP AMOUNTS.—Each scholarship under
 4 subsection (d) shall be in an amount that covers the stu-
 5 dent’s tuition and fees at the institution for not more than
 6 3 years and provides the student with an additional sti-
 7 pend.
 8       (f) POST-AWARD EMPLOYMENT OBLIGATIONS.—Each
 9 scholarship recipient, as a condition of receiving a scholar-
10 ship under the program, shall enter into an agreement
11 under which the recipient agrees to work for a period equal
12 to the length of the scholarship, following receipt of the stu-
13 dent’s degree, in the AI mission of—
14             (1) an executive agency;
15             (2) Congress, including any agency, entity, of-
16       fice, or commission established in the legislative
17       branch;
18             (3) an interstate agency;
19             (4) a State, local, or Tribal government, which
20       may include instruction in AI-related skill sets in a
21       public school system; or
22             (5) a State, local, or Tribal government-affiliated
23       nonprofit entity that is considered to be critical infra-
24       structure (as defined in section 1016(e) of the USA
25       Patriot Act (42 U.S.C. 5195c(e))).


      † HR 4521 EAS
                             172
 1       (g) HIRING AUTHORITY.—
 2             (1) APPOINTMENT IN EXCEPTED SERVICE.—Not-
 3       withstanding any provision of chapter 33 of title 5,
 4       United States Code, governing appointments in the
 5       competitive service, an executive agency may appoint
 6       an individual who has completed the eligible degree
 7       program for which a scholarship was awarded to a
 8       position in the excepted service in the executive agen-
 9       cy.
10             (2) NONCOMPETITIVE CONVERSION.—Except as
11       provided in paragraph (4), upon fulfillment of the
12       service term, an employee appointed under paragraph
13       (1) may be converted noncompetitively to term, ca-
14       reer-conditional, or career appointment.
15             (3) TIMING OF CONVERSION.—An executive agen-
16       cy may noncompetitively convert a term employee ap-
17       pointed under paragraph (2) to a career-conditional
18       or career appointment before the term appointment
19       expires.
20             (4) AUTHORITY TO DECLINE CONVERSION.—An
21       executive agency may decline to make the noncompeti-
22       tive conversion or appointment under paragraph (2)
23       for cause.
24       (h) ELIGIBILITY.—To be eligible to receive a scholar-
25 ship under this section, an individual shall—


      † HR 4521 EAS
                               173
 1              (1) be a citizen or lawful permanent resident of
 2      the United States;
 3              (2) demonstrate a commitment to a career in ad-
 4      vancing the field of AI;
 5              (3) be—
 6                   (A) a full-time student in an eligible degree
 7              program at a qualified institution of higher edu-
 8              cation, as determined by the Director;
 9                   (B) a student pursuing a degree on a less
10              than full-time basis, but not less than half-time
11              basis; or
12                   (C) an AI faculty member on sabbatical to
13              advance knowledge in the field; and
14              (4) accept the terms of a scholarship under this
15      section.
16      (i) CONDITIONS OF SUPPORT.—
17              (1) IN GENERAL.—As a condition of receiving a
18      scholarship under this section, a recipient shall agree
19      to provide the qualified institution of higher edu-
20      cation with annual verifiable documentation of post-
21      award employment and up-to-date contact informa-
22      tion.
23              (2) TERMS.—A scholarship recipient under this
24      section shall be liable to the United States as provided
25      in subsection (k) if the individual—


     † HR 4521 EAS
                                 174
 1                     (A) fails to maintain an acceptable level of
 2             academic standing at the applicable institution
 3             of higher education, as determined by the Direc-
 4             tor;
 5                     (B) is dismissed from the applicable institu-
 6             tion of higher education for disciplinary reasons;
 7                     (C) withdraws from the eligible degree pro-
 8             gram before completing the program;
 9                     (D) declares that the individual does not in-
10             tend to fulfill the post-award employment obliga-
11             tion under this section; or
12                     (E) fails to fulfill the post-award employ-
13             ment obligation of the individual under this sec-
14             tion.
15       (j) MONITORING COMPLIANCE.—As a condition of par-
16 ticipating in the program, a qualified institution of higher
17 education shall—
18             (1) enter into an agreement with the Director to
19       monitor the compliance of scholarship recipients with
20       respect to their post-award employment obligations;
21       and
22             (2) provide to the Director, on an annual basis,
23       the post-award employment documentation required
24       under subsection (i) for scholarship recipients through




      † HR 4521 EAS
                               175
 1      the completion of their post-award employment obli-
 2      gations.
 3      (k) AMOUNT OF REPAYMENT.—
 4            (1) LESS THAN 1 YEAR OF SERVICE.—If a cir-
 5      cumstance described in subsection (i)(2) occurs before
 6      the completion of 1 year of a post-award employment
 7      obligation under this section, the total amount of
 8      scholarship awards received by the individual under
 9      this section shall—
10                   (A) be repaid; or
11                   (B) be treated as a loan to be repaid in ac-
12            cordance with subsection (l).
13            (2) 1 OR MORE YEARS OF SERVICE.—If a cir-
14      cumstance described in subparagraph (D) or (E) of
15      subsection (i)(2) occurs after the completion of 1 or
16      more years of a post-award employment obligation
17      under this section, the total amount of scholarship
18      awards received by the individual under this section,
19      reduced by the ratio of the number of years of service
20      completed divided by the number of years of service
21      required, shall—
22                   (A) be repaid; or
23                   (B) be treated as a loan to be repaid in ac-
24            cordance with subsection (l).




     † HR 4521 EAS
                               176
 1      (l) REPAYMENTS.—A loan described in subsection (k)
 2 shall—
 3            (1) be treated as a Federal Direct Unsubsidized
 4      Stafford Loan under part D of title IV of the Higher
 5      Education Act of 1965 (20 U.S.C. 1087a et seq.); and
 6            (2) be subject to repayment, together with inter-
 7      est thereon accruing from the date of the scholarship
 8      award, in accordance with terms and conditions spec-
 9      ified by the Director (in consultation with the Sec-
10      retary of Education).
11      (m) COLLECTION OF REPAYMENT.—
12            (1) IN GENERAL.—In the event that a scholar-
13      ship recipient is required to repay the scholarship
14      award under this section, the qualified institution of
15      higher education providing the scholarship shall—
16                   (A) determine the repayment amounts and
17            notify the recipient and the Director of the
18            amounts owed; and
19                   (B) collect the repayment amounts within a
20            period of time as determined by the Director, or
21            the repayment amounts shall be treated as a loan
22            in accordance with subsection (l).
23            (2) RETURNED TO TREASURY.—Except as pro-
24      vided in paragraph (3), any repayment under this




     † HR 4521 EAS
                              177
 1       subsection shall be returned to the Treasury of the
 2       United States.
 3             (3) RETAIN PERCENTAGE.—A qualified institu-
 4       tion of higher education may retain a percentage of
 5       any repayment the institution collects under this sub-
 6       section to defray administrative costs associated with
 7       the collection. The Director shall establish a fixed per-
 8       centage that will apply to all eligible entities, and
 9       may update this percentage as needed, in the deter-
10       mination of the Director.
11       (n) EXCEPTIONS.—The Director may provide for the
12 partial or total waiver or suspension of any service or pay-
13 ment obligation by an individual under this section when-
14 ever compliance by the individual with the obligation is im-
15 possible or would involve extreme hardship to the indi-
16 vidual, or if enforcement of such obligation with respect to
17 the individual would be unconscionable.
18       (o) PUBLIC INFORMATION.—
19             (1) EVALUATION.—The Director, in coordination
20       with the Director of the Office of Personnel Manage-
21       ment, shall annually evaluate and make public, in a
22       manner that protects the personally identifiable infor-
23       mation of scholarship recipients, information on the
24       success of recruiting individuals for scholarships
25       under this section and on hiring and retaining those


      † HR 4521 EAS
                               178
 1      individuals in the public sector AI workforce, includ-
 2      ing information on—
 3                   (A) placement rates;
 4                   (B) where students are placed, including job
 5            titles and descriptions;
 6                   (C) salary ranges for students not released
 7            from obligations under this section;
 8                   (D) how long after graduation students are
 9            placed;
10                   (E) how long students stay in the positions
11            they enter upon graduation;
12                   (F) how many students are released from
13            obligations; and
14                   (G) what, if any, remedial training is re-
15            quired.
16            (2) REPORTS.—The Director, in coordination
17      with the Office of Personnel Management, shall sub-
18      mit, not less frequently than once every 3 years, to the
19      Committee on Homeland Security and Governmental
20      Affairs of the Senate, the Committee on Commerce,
21      Science, and Transportation of the Senate, the Com-
22      mittee on Science, Space, and Technology of the
23      House of Representatives, and the Committee on
24      Oversight and Reform of the House of Representatives
25      a report, including the results of the evaluation under


     † HR 4521 EAS
                                179
 1       paragraph (1) and any recent statistics regarding the
 2       size, composition, and educational requirements of the
 3       Federal AI workforce.
 4             (3) RESOURCES.—The Director, in coordination
 5       with the Director of the Office of Personnel Manage-
 6       ment, shall provide consolidated and user-friendly on-
 7       line resources for prospective scholarship recipients,
 8       including, to the extent practicable—
 9                    (A) searchable, up-to-date, and accurate in-
10             formation about participating institutions of
11             higher education and job opportunities related to
12             the AI field; and
13                    (B) a modernized description of AI careers.
14       (p) REFRESH.—Not less than once every 2 years, the
15 Director, in coordination with the Director of the Office of
16 Personnel Management, shall review and update the Fed-
17 eral AI Scholarship-for-Service Program to reflect advances
18 in technology.
19   SEC. 2209. GEOGRAPHIC DIVERSITY.

20       (a) DIRECTORATE.—The Director shall use not less
21 than 20 percent of the funds provided to the Directorate,
22 for each fiscal year, to carry out the program under section
23 113 of the National Science Foundation Authorization Act
24 of 1988 (42 U.S.C. 1862g) for the purposes of carrying out
25 sections 2104, 2106, 2107, 2108, and 2109 of this Act.


      † HR 4521 EAS
                               180
 1       (b) NATIONAL SCIENCE FOUNDATION.—The Director
 2 shall use not less than 20 percent of the funds provided to
 3 the Foundation, for each fiscal year, to carry out the pro-
 4 gram under section 113 of the National Science Foundation
 5 Authorization Act of 1988 (42 U.S.C. 1862g).
 6       (c) DEPARTMENT OF ENERGY.—The Secretary of En-
 7 ergy shall use not less than 20 percent of the funds provided
 8 to the Department of Energy under section 2117 for each
 9 fiscal year to carry out the program under section
10 2203(b)(3) of the Energy Policy Act of 1992 (42 U.S.C.
11 13503(b)(3)).
12       (d) CONSORTIA.—In the case of an award to a consor-
13 tium under this division, the Director may count the entire
14 award toward meeting the funding requirements of this sec-
15 tion if the lead entity of the consortium is located in a juris-
16 diction that is eligible to participate in the program under
17 section 113 of the National Science Foundation Authoriza-
18 tion Act of 1988 (42 U.S.C. 1862g). In the case of an award
19 to a consortium under this division, the Secretary may
20 count the entire award toward meeting the funding require-
21 ments of this section if the lead entity of the consortium
22 is located in a jurisdiction that is eligible to participate
23 in the program under section 2203(b)(3) of the Energy Pol-
24 icy Act of 1992 (42 U.S.C. 13503(b)(3)).




      † HR 4521 EAS
                               181
 1   SEC. 2210. RURAL STEM EDUCATION ACT.

 2       (a) DEFINITIONS.—In this section:
 3             (1) FEDERAL LABORATORY.—The term ‘‘Federal
 4       laboratory’’ has the meaning given such term in sec-
 5       tion 4 of the Stevenson-Wydler Technology Innovation
 6       Act of 1980 (15 U.S.C. 3703).
 7             (2) INSTITUTION OF HIGHER EDUCATION.—The
 8       term ‘‘institution of higher education’’ has the mean-
 9       ing given such term in section 101(a) of the Higher
10       Education Act of 1965 (20 U.S.C. 1001(a)).
11             (3) STEM.—The term ‘‘STEM’’ has the meaning
12       given the term in section 2 of the America COM-
13       PETES Reauthorization Act of 2010 (42 U.S.C. 6621
14       note).
15             (4) STEM EDUCATION.—The term ‘‘STEM edu-
16       cation’’ has the meaning given the term in section 2
17       of the STEM Education Act of 2015 (42 U.S.C. 6621
18       note).
19       (b) NATIONAL SCIENCE FOUNDATION RURAL STEM
20 ACTIVITIES.—
21             (1) PREPARING RURAL STEM EDUCATORS.—
22                    (A) IN GENERAL.—The Director shall pro-
23             vide grants on a merit-reviewed, competitive
24             basis to institutions of higher education or non-
25             profit organizations (or a consortium thereof) for
26             research and development to advance innovative
      † HR 4521 EAS
                               182
1             approaches to support and sustain high-quality
2             STEM teaching in rural schools.
3                    (B) USE OF FUNDS.—
 4                       (i) IN    GENERAL.—Grants      awarded
 5                   under this paragraph shall be used for the
 6                   research and development activities referred
 7                   to in subparagraph (A), which may in-
 8                   clude—
 9                            (I) engaging rural educators of
10                       students in prekindergarten through
11                       grade 12 in professional learning op-
12                       portunities to enhance STEM knowl-
13                       edge, including computer science, and
14                       develop best practices;
15                            (II) supporting research on effec-
16                       tive STEM teaching practices in rural
17                       settings, including the use of rubrics
18                       and mastery-based grading practices to
19                       assess student performance when em-
20                       ploying the transdisciplinary teaching
21                       approach for STEM disciplines;
22                            (III) designing and developing
23                       pre-service and in-service training re-
24                       sources to assist such rural educators




     † HR 4521 EAS
                           183
 1                   in adopting transdisciplinary teaching
 2                   practices across STEM courses;
 3                        (IV) coordinating with local part-
 4                   ners to adapt STEM teaching practices
 5                   to leverage local, natural, and commu-
 6                   nity assets in order to support in-place
 7                   learning in rural areas;
 8                        (V) providing hands-on training
 9                   and research opportunities for rural
10                   educators described in subclause (I) at
11                   Federal laboratories or institutions of
12                   higher education, or in industry;
13                        (VI) developing training and best
14                   practices for educators who teach mul-
15                   tiple grade levels within a STEM dis-
16                   cipline;
17                        (VII) designing and implementing
18                   professional development courses and
19                   experiences, including mentoring, for
20                   rural educators described in subclause
21                   (I) that combine face-to-face and online
22                   experiences; and
23                        (VIII) any other activity the Di-
24                   rector determines will accomplish the
25                   goals of this paragraph.


     † HR 4521 EAS
                               184
 1                       (ii) RURAL STEM COLLABORATIVE.—
 2                   The Director shall establish a pilot program
 3                   of regional cohorts in rural areas that will
 4                   provide   peer   support,   mentoring,   and
 5                   hands-on research experiences for rural
 6                   STEM educators of students in prekinder-
 7                   garten through grade 12, in order to build
 8                   an ecosystem of cooperation among edu-
 9                   cators, researchers, academia, and local in-
10                   dustry.
11            (2) BROADENING PARTICIPATION OF RURAL STU-
12      DENTS IN STEM.—

13                   (A) IN GENERAL.—The Director shall pro-
14            vide grants on a merit-reviewed, competitive
15            basis to institutions of higher education or non-
16            profit organizations (or a consortium thereof)
17            for—
18                       (i) research and development of pro-
19                   gramming to identify the barriers rural stu-
20                   dents face in accessing high-quality STEM
21                   education; and
22                       (ii) development of innovative solutions
23                   to improve the participation and advance-
24                   ment of rural students in prekindergarten
25                   through grade 12 in STEM studies.


     † HR 4521 EAS
                                  185
1                    (B) USE OF FUNDS.—
 2                       (i) IN     GENERAL.—Grants     awarded
 3                   under this paragraph shall be used for the
 4                   research and development activities referred
 5                   to in subparagraph (A), which may in-
 6                   clude—
 7                            (I) developing partnerships with
 8                       community colleges to offer advanced
 9                       STEM course work, including com-
10                       puter science, to rural high school stu-
11                       dents;
12                            (II) supporting research on effec-
13                       tive STEM practices in rural settings;
14                            (III) implementing a school-wide
15                       STEM approach;
16                            (IV) improving the Foundation’s
17                       Advanced Technology Education pro-
18                       gram’s coordination and engagement
19                       with rural communities;
20                            (V) collaborating with existing
21                       community partners and networks,
22                       such as the Cooperative Extension Sys-
23                       tem services and extramural research
24                       programs of the Department of Agri-
25                       culture and youth serving organiza-


     † HR 4521 EAS
                            186
 1                   tions like 4–H, after school STEM pro-
 2                   grams, and summer STEM programs,
 3                   to leverage community resources and
 4                   develop place-based programming;
 5                          (VI) connecting rural school dis-
 6                   tricts and institutions of higher edu-
 7                   cation, to improve precollegiate STEM
 8                   education and engagement;
 9                          (VII)    supporting    partnerships
10                   that    offer   hands-on     inquiry-based
11                   science activities, including coding,
12                   and access to lab resources for students
13                   studying STEM in prekindergarten
14                   through grade 12 in a rural area;
15                          (VIII)   evaluating   the   role   of
16                   broadband connectivity and its associ-
17                   ated impact on the STEM and tech-
18                   nology literacy of rural students;
19                          (IX) building capacity to support
20                   extracurricular STEM programs in
21                   rural schools, including mentor-led en-
22                   gagement programs, STEM programs
23                   held during nonschool hours, STEM
24                   networks, makerspaces, coding activi-
25                   ties, and competitions; and


     † HR 4521 EAS
                               187
1                             (X) any other activity the Direc-
2                        tor determines will accomplish the
3                        goals of this paragraph.
 4            (3) APPLICATION.—An applicant seeking a grant
 5      under paragraph (1) or (2) shall submit an applica-
 6      tion at such time, in such manner, and containing
 7      such information as the Director may require. The
 8      application may include the following:
 9                   (A) A description of the target population
10            to be served by the research activity or activities
11            for which such grant is sought.
12                   (B) A description of the process for recruit-
13            ment and selection of students, educators, or
14            schools from rural areas to participate in such
15            activity or activities.
16                   (C) A description of how such activity or
17            activities may inform efforts to promote the en-
18            gagement and achievement of rural students in
19            prekindergarten through grade 12 in STEM
20            studies.
21                   (D) In the case of a proposal consisting of
22            a partnership or partnerships with one or more
23            rural schools and one or more researchers, a plan
24            for establishing a sustained partnership that is
25            jointly developed and managed, draws from the


     † HR 4521 EAS
                              188
 1            capacities of each partner, and is mutually bene-
 2            ficial.
 3            (4) PARTNERSHIPS.—In awarding grants under
 4      paragraph (1) or (2), the Director shall—
 5                   (A) encourage applicants which, for the
 6            purpose of the activity or activities funded
 7            through the grant, include or partner with a
 8            nonprofit organization or an institution of high-
 9            er education (or a consortium thereof) that has
10            extensive experience and expertise in increasing
11            the participation of rural students in prekinder-
12            garten through grade 12 in STEM; and
13                   (B) encourage applicants which, for the
14            purpose of the activity or activities funded
15            through the grant, include or partner with a con-
16            sortium of rural schools or rural school districts.
17            (5) EVALUATIONS.—All proposals for grants
18      under paragraphs (1) and (2) shall include an eval-
19      uation plan that includes the use of outcome-oriented
20      measures to assess the impact and efficacy of the
21      grant. Each recipient of a grant under this subsection
22      shall include results from these evaluative activities in
23      annual and final projects.
24            (6) ACCOUNTABILITY AND DISSEMINATION.—




     † HR 4521 EAS
                                189
 1                   (A) EVALUATION REQUIRED.—The Director
 2            shall evaluate the portfolio of grants awarded
 3            under paragraphs (1) and (2). Such evaluation
 4            shall—
 5                        (i) assess the results of research con-
 6                   ducted under such grants and identify best
 7                   practices; and
 8                        (ii) to the extent practicable, integrate
 9                   the findings of research resulting from the
10                   activity or activities funded through such
11                   grants with the findings of other research on
12                   rural students’ pursuit of degrees or careers
13                   in STEM.
14                   (B) REPORT ON EVALUATIONS.—Not later
15            than 180 days after the completion of the evalua-
16            tion under subparagraph (A), the Director shall
17            submit to Congress and make widely available to
18            the public a report that includes—
19                        (i) the results of the evaluation; and
20                        (ii) any recommendations for adminis-
21                   trative and legislative action that could op-
22                   timize the effectiveness of the grants award-
23                   ed under this subsection.
24            (7) REPORT BY COMMITTEE ON EQUAL OPPORTU-
25      NITIES IN SCIENCE AND ENGINEERING.—As              part of


     † HR 4521 EAS
                                190
 1      the first report required by section 36(e) of the
 2      Science and Engineering Equal Opportunities Act
 3      (42 U.S.C. 1885c(e)) transmitted to Congress after the
 4      date of enactment of this division, the Committee on
 5      Equal Opportunities in Science and Engineering
 6      shall include—
 7                   (A) a description of past and present poli-
 8              cies and activities of the Foundation to encour-
 9              age full participation of students in rural com-
10              munities in science, mathematics, engineering,
11              and computer science fields; and
12                   (B) an assessment of the policies and activi-
13              ties of the Foundation, along with proposals for
14              new strategies or the broadening of existing suc-
15              cessful strategies towards facilitating the goal of
16              increasing participation of rural students in
17              prekindergarten through grade 12 in Foundation
18              activities.
19              (8) COORDINATION.—In carrying out this sub-
20      section, the Director shall, for purposes of enhancing
21      program effectiveness and avoiding duplication of ac-
22      tivities, consult, cooperate, and coordinate with the
23      programs and policies of other relevant Federal agen-
24      cies.
25      (c) OPPORTUNITIES FOR ONLINE EDUCATION.—


     † HR 4521 EAS
                              191
1             (1) IN    GENERAL.—The     Director shall award
2       competitive grants to institutions of higher education
3       or nonprofit organizations (or a consortium thereof,
4       which may include a private sector partner) to con-
5       duct research on online STEM education courses for
6       rural communities.
 7            (2) RESEARCH AREAS.—The research areas eligi-
 8      ble for funding under this subsection shall include—
 9                   (A) evaluating the learning and achieve-
10            ment of rural students in prekindergarten
11            through grade 12 in STEM subjects;
12                   (B) understanding how computer-based and
13            online professional development courses and
14            mentor experiences can be integrated to meet the
15            needs of educators of rural students in prekinder-
16            garten through grade 12;
17                   (C) combining computer-based and online
18            STEM education and training with apprentice-
19            ships, mentoring, or other applied learning ar-
20            rangements;
21                   (D) leveraging online programs to supple-
22            ment STEM studies for rural students that need
23            physical and academic accommodation; and




     † HR 4521 EAS
                                192
 1                   (E) any other activity the Director deter-
 2            mines will accomplish the goals of this sub-
 3            section.
 4            (3) EVALUATIONS.—All proposals for grants
 5      under this subsection shall include an evaluation plan
 6      that includes the use of outcome-oriented measures to
 7      assess the impact and efficacy of the grant. Each re-
 8      cipient of a grant under this subsection shall include
 9      results from these evaluative activities in annual and
10      final projects.
11            (4) ACCOUNTABILITY AND DISSEMINATION.—
12                   (A) EVALUATION REQUIRED.—The Director
13            shall evaluate the portfolio of grants awarded
14            under this subsection. Such evaluation shall—
15                        (i) use a common set of benchmarks
16                   and tools to assess the results of research
17                   conducted under such grants and identify
18                   best practices; and
19                        (ii) to the extent practicable, integrate
20                   findings from activities carried out pursu-
21                   ant to research conducted under this sub-
22                   section, with respect to the pursuit of ca-
23                   reers and degrees in STEM, with those ac-
24                   tivities carried out pursuant to other re-




     † HR 4521 EAS
                                  193
 1                    search on serving rural students and com-
 2                    munities.
 3                    (B) REPORT ON EVALUATIONS.—Not later
 4               than 180 days after the completion of the evalua-
 5               tion under subparagraph (A), the Director shall
 6               submit to Congress and make widely available to
 7               the public a report that includes—
 8                         (i) the results of the evaluation; and
 9                         (ii) any recommendations for adminis-
10                    trative and legislative action that could op-
11                    timize the effectiveness of the grants award-
12                    ed under this subsection.
13               (5) COORDINATION.—In carrying out this sub-
14       section, the Director shall, for purposes of enhancing
15       program effectiveness and avoiding duplication of ac-
16       tivities, consult, cooperate, and coordinate with the
17       programs and policies of other relevant Federal agen-
18       cies.
19       (d) NATIONAL ACADEMIES OF SCIENCES, ENGINEER-
20   ING, AND MEDICINE EVALUATION.—

21               (1) STUDY.—Not later than 12 months after the
22       date of enactment of this division, the Director shall
23       enter into an agreement with the National Academies
24       of Sciences, Engineering, and Medicine under which




      † HR 4521 EAS
                               194
 1      the National Academies agree to conduct an evalua-
 2      tion and assessment that—
 3                   (A) evaluates the quality and quantity of
 4            current Federal programming and research di-
 5            rected at examining STEM education for stu-
 6            dents in prekindergarten through grade 12 and
 7            workforce development in rural areas;
 8                   (B) in coordination with the Federal Com-
 9            munications Commission, assesses the impact
10            that the scarcity of broadband connectivity in
11            rural communities, and the affordability of
12            broadband connectivity, have on STEM and
13            technical literacy for students in prekindergarten
14            through grade 12 in rural areas;
15                   (C) assesses the core research and data need-
16            ed to understand the challenges rural areas are
17            facing in providing quality STEM education
18            and workforce development;
19                   (D) makes recommendations for action at
20            the Federal, State, and local levels for improving
21            STEM education, including online STEM edu-
22            cation, for students in prekindergarten through
23            grade 12 and workforce development in rural
24            areas; and




     † HR 4521 EAS
                               195
 1                    (E) makes recommendations to inform the
 2             implementation of programs in subsections (a),
 3             (b), and (c).
 4             (2) REPORT TO DIRECTOR.—The agreement en-
 5       tered into under paragraph (1) shall require the Na-
 6       tional Academies of Sciences, Engineering, and Medi-
 7       cine, not later than 24 months after the date of enact-
 8       ment of this division, to submit to the Director a re-
 9       port on the study conducted under such paragraph,
10       including the National Academies’ findings and rec-
11       ommendations.
12       (e) GAO REVIEW.—Not later than 3 years after the
13 date of enactment of this division, the Comptroller General
14 of the United States shall conduct a study on the engage-
15 ment of rural populations in Federal STEM programs and
16 submit to Congress a report that includes—
17             (1) an assessment of how Federal STEM edu-
18       cation programs are serving rural populations;
19             (2) a description of initiatives carried out by
20       Federal agencies that are targeted at supporting
21       STEM education in rural areas;
22             (3) an assessment of what is known about the
23       impact and effectiveness of Federal investments in
24       STEM education programs that are targeted to rural
25       areas; and


      † HR 4521 EAS
                                196
 1              (4) an assessment of challenges that State and
 2       Federal STEM education programs face in reaching
 3       rural population centers.
 4       (f) CAPACITY BUILDING THROUGH EPSCOR.—Section
 5 517(f)(2) of the America COMPETES Reauthorization Act
 6 of 2010 (42 U.S.C. 1862p–9(f)(2)) is amended—
 7              (1) in subparagraph (A), by striking ‘‘and’’ at
 8       the end; and
 9              (2) by adding at the end the following:
10                    ‘‘(C) to increase the capacity of rural com-
11              munities to provide quality STEM education
12              and STEM workforce development programming
13              to students and teachers; and’’.
14       (g) NIST ENGAGEMENT WITH RURAL COMMU-
15   NITIES.—

16              (1) MEP OUTREACH.—Section 25 of the Na-
17       tional Institute of Standards and Technology Act (15
18       U.S.C. 278k) is amended—
19                    (A) in subsection (c)—
20                        (i) in paragraph (6), by striking ‘‘com-
21                    munity colleges and area career and tech-
22                    nical education schools’’ and inserting the
23                    following: ‘‘secondary schools (as defined in
24                    section 8101 of the Elementary and Sec-
25                    ondary Education Act of 1965 (20 U.S.C.


      † HR 4521 EAS
                                 197
 1                   7801)), community colleges, and area career
 2                   and technical education schools, including
 3                   those in underserved and rural commu-
 4                   nities,’’; and
 5                         (ii) in paragraph (7)—
 6                              (I) by striking ‘‘and local col-
 7                         leges’’ and inserting the following:
 8                         ‘‘local high schools and local colleges,
 9                         including those in underserved and
10                         rural communities,’’; and
11                              (II) by inserting ‘‘or other applied
12                         learning opportunities’’ after ‘‘appren-
13                         ticeships’’; and
14                   (B) in subsection (d)(3), by striking ‘‘, com-
15            munity colleges, and area career and technical
16            education schools,’’ and inserting the following:
17            ‘‘and local high schools, community colleges, and
18            area career and technical education schools, in-
19            cluding those in underserved and rural commu-
20            nities,’’.
21            (2)    RURAL      CONNECTIVITY     PRIZE    COMPETI-

22      TION.—

23                   (A) PRIZE COMPETITION.—Pursuant to sec-
24            tion 24 of the Stevenson-Wydler Technology In-
25            novation Act of 1980 (15 U.S.C. 3719), the Sec-


     † HR 4521 EAS
                              198
 1            retary of Commerce shall carry out a program to
 2            award prizes competitively to stimulate research
 3            and development of creative technologies to sup-
 4            port the deployment of affordable and reliable
 5            broadband connectivity in rural communities,
 6            including unserved rural communities.
 7                   (B) PLAN FOR DEPLOYMENT IN RURAL COM-
 8            MUNITIES.—Each     proposal submitted pursuant
 9            to subparagraph (A) shall include a proposed
10            plan for deployment of the technology that is the
11            subject of such proposal.
12                   (C) PRIZE AMOUNT.—In carrying out the
13            program under subparagraph (A), the Secretary
14            may award not more than a total of $5,000,000
15            to one or more winners of the prize competition.
16                   (D) REPORT.—Not later than 60 days after
17            the date on which a prize is awarded under the
18            prize competition, the Secretary shall submit to
19            the relevant committees of Congress a report that
20            describes the winning proposal of the prize com-
21            petition.
22                   (E) CONSULTATION.—In carrying out the
23            program under this paragraph, the Secretary
24            shall consult with the Federal Communications




     † HR 4521 EAS
                               199
1              Commission and the heads of relevant depart-
2              ments and agencies of the Federal Government.
 3   SEC. 2211. QUANTUM NETWORK INFRASTRUCTURE AND

 4                    WORKFORCE DEVELOPMENT ACT.

 5       (a) DEFINITIONS.—In this section:
 6             (1) ESEA DEFINITIONS.—The terms ‘‘elementary
 7       school’’, ‘‘high school’’, ‘‘local educational agency’’,
 8       and ‘‘secondary school’’ have the meanings given those
 9       terms in section 8101 of the Elementary and Sec-
10       ondary Education Act of 1965 (20 U.S.C. 7801).
11             (2) APPROPRIATE COMMITTEES OF CONGRESS.—
12       The term ‘‘appropriate committees of Congress’’ has
13       the meaning given such term in section 2 of the Na-
14       tional Quantum Initiative Act (15 U.S.C. 8801).
15             (3) INTERAGENCY WORKING GROUP.—The term
16       ‘‘Interagency Working Group’’ means the QIS Work-
17       force Working Group under the Subcommittee on
18       Quantum Information Science of the National
19       Science and Technology Council.
20             (4) Q2WORK      PROGRAM.—The     term ‘‘Q2Work
21       Program’’ means the Q2Work Program supported by
22       the Foundation.
23             (5) QUANTUM INFORMATION SCIENCE.—The term
24       ‘‘quantum information science’’ has the meaning




      † HR 4521 EAS
                                200
 1       given such term in section 2 of the National Quantum
 2       Initiative Act (15 U.S.C. 8801).
 3             (6) STEM.—The term ‘‘STEM’’ has the meaning
 4       given the term in section 2 of the America COM-
 5       PETES Reauthorization Act of 2010 (42 U.S.C. 6621
 6       note).
 7       (b) QUANTUM NETWORKING WORKING GROUP REPORT
 8   ON QUANTUM NETWORKING AND COMMUNICATIONS.—

 9             (1) REPORT.—Not later than 3 years after the
10       date of the enactment of this division, the Quantum
11       Networking Working Group within the Subcommittee
12       on Quantum Information Science of the National
13       Science and Technology Council shall submit to the
14       appropriate committees of Congress a report detailing
15       a plan for the advancement of quantum networking
16       and communications technology in the United States,
17       building on A Strategic Vision for America’s Quan-
18       tum Networks and A Coordinated Approach for
19       Quantum Networking Research.
20             (2) REQUIREMENTS.—The report under para-
21       graph (1) shall include—
22                    (A) a framework for interagency collabora-
23             tion on the advancement of quantum networking
24             and communications research;




      † HR 4521 EAS
                               201
1                    (B) a plan for interagency collaboration on
2             the development and drafting of international
3             standards for quantum communications tech-
4             nology, including standards relating to—
5                        (i) quantum cryptography and post-
6                    quantum classical cryptography;
7                        (ii) network security;
8                        (iii) quantum network infrastructure;
9                        (iv) transmission of quantum informa-
10                   tion through optical fiber networks; and
11                       (v) any other technologies considered
12                   appropriate by the Working Group;
13                   (C) a proposal for the protection of national
14            security interests relating to the advancement of
15            quantum networking and communications tech-
16            nology;
17                   (D) recommendations to Congress for legis-
18            lative action relating to the framework, plan,
19            and proposal set forth pursuant to subpara-
20            graphs (A), (B), and (C), respectively; and
21                   (E) such other matters as the Working
22            Group considers necessary to advance the secu-
23            rity of communications and network infrastruc-
24            ture, remain at the forefront of scientific dis-
25            covery in the quantum information science do-


     † HR 4521 EAS
                               202
 1            main, and transition quantum information
 2            science research into the emerging quantum tech-
 3            nology economy.
 4      (c) QUANTUM NETWORKING AND COMMUNICATIONS
 5 RESEARCH.—
 6            (1) RESEARCH.—The Under Secretary of Com-
 7      merce for Standards and Technology shall carry out
 8      research to facilitate the development and standard-
 9      ization of quantum networking and communications
10      technologies and applications, including research on
11      the following:
12                   (A) Quantum cryptography and post-quan-
13            tum classical cryptography.
14                   (B) Quantum repeater technology.
15                   (C) Quantum network traffic management.
16                   (D) Quantum transduction.
17                   (E)   Long   baseline   entanglement   and
18            teleportation.
19                   (F) Such other technologies, processes, or
20            applications as the Under Secretary considers
21            appropriate.
22            (2) IMPLEMENTATION.—The Under Secretary
23      shall carry out the research required by paragraph
24      (1) through such divisions, laboratories, offices and
25      programs of the National Institute of Standards and


     † HR 4521 EAS
                               203
 1       Technology as the Under Secretary considers appro-
 2       priate and actively engaged in activities relating to
 3       quantum information science.
 4             (3) DEVELOPMENT OF STANDARDS.—For quan-
 5       tum technologies deemed by the Under Secretary to be
 6       at a readiness level sufficient for standardization, the
 7       Under Secretary shall provide technical review and
 8       assistance to such other Federal agencies as the Under
 9       Secretary considers appropriate for the development
10       of quantum network infrastructure standards.
11             (4) AUTHORIZATION OF APPROPRIATIONS.—
12                    (A) IN GENERAL.—There is authorized to be
13             appropriated to the Scientific and Technical Re-
14             search and Services account of the National In-
15             stitute of Standards and Technology to carry out
16             this subsection $10,000,000 for each of fiscal
17             years 2022 through 2026.
18                    (B) SUPPLEMENT,     NOT   SUPPLANT.—The

19             amounts authorized to be appropriated under
20             subparagraph (A) shall supplement and not sup-
21             plant amounts already appropriated to the ac-
22             count described in such subparagraph.
23       (d) QUANTUM WORKFORCE EVALUATION AND ACCEL-
24   ERATION.—




      † HR 4521 EAS
                                204
1             (1) IDENTIFICATION OF GAPS.—The Foundation
2       shall enter into an agreement with the National Acad-
3       emies of Sciences, Engineering, and Medicine to con-
4       duct a study of ways to support the next generation
5       of quantum leaders.
 6            (2) SCOPE      OF STUDY.—In       carrying out the
 7      study described in paragraph (1), the National Acad-
 8      emies of Sciences, Engineering, and Medicine shall
 9      identify—
10                   (A) education gaps, including foundational
11            courses in STEM and areas in need of standard-
12            ization, in elementary school, middle school, high
13            school, and higher education curricula, that need
14            to be rectified in order to prepare students to
15            participate in the quantum workforce;
16                   (B) the skills and workforce needs of indus-
17            try, specifically identifying the cross-disciplinary
18            academic degrees or academic courses nec-
19            essary—
20                        (i) to qualify students for multiple ca-
21                   reer pathways in quantum information
22                   sciences and related fields;
23                        (ii) to ensure the United States is com-
24                   petitive in the field of quantum information




     † HR 4521 EAS
                                205
1                    science while preserving national security;
2                    and
3                          (iii) to support the development of
4                    quantum applications; and
5                    (C) the resources and materials needed to
6             train elementary, middle, and high school edu-
7             cators to effectively teach curricula relevant to
8             the development of a quantum workforce.
9             (3) REPORTS.—
10                   (A) EXECUTIVE SUMMARY.—Not later than
11            2 years after the date of enactment of this divi-
12            sion, the National Academies of Science, Engi-
13            neering, and Medicine shall prepare and submit
14            to the Foundation, and programs or projects
15            funded by the Foundation, an executive sum-
16            mary of progress regarding the study conducted
17            under paragraph (1) that outlines the findings of
18            the Academies as of such date.
19                   (B) REPORT.—Not later than 3 years after
20            the date of enactment of this division, the Na-
21            tional Academies of Science, Engineering, and
22            Medicine shall prepare and submit a report con-
23            taining the results of the study conducted under
24            paragraph (1) to Congress, the Foundation, and
25            programs or projects funded by the Foundation


     † HR 4521 EAS
                                206
 1             that are relevant to the acceleration of a quan-
 2             tum workforce.
3        (e)   INCORPORATING       QISE    INTO   STEM       CUR-
4    RICULUM.—

 5             (1)    IN   GENERAL.—The      Foundation      shall,
 6       through programs carried out or supported by the
 7       Foundation, prioritize the better integration of quan-
 8       tum information science and engineering (referred to
 9       in this subsection as QISE) into the STEM cur-
10       riculum for each grade level from kindergarten
11       through grade 12, and community colleges.
12             (2) REQUIREMENTS.—The curriculum integra-
13       tion under paragraph (1) shall include—
14                    (A) methods to conceptualize QISE for ele-
15             mentary, middle, and high school curricula;
16                    (B) methods for strengthening foundational
17             mathematics and science curricula;
18                    (C) age-appropriate materials that apply
19             the principles of quantum information science in
20             STEM fields;
21                    (D) recommendations for the standardiza-
22             tion of key concepts, definitions, and curriculum
23             criteria across government, academia, and in-
24             dustry; and




      † HR 4521 EAS
                               207
 1                   (E) materials that specifically address the
 2            findings and outcomes of the study conducted
 3            under subsection (d) and strategies to account for
 4            the skills and workforce needs identified through
 5            the study.
 6            (3) COORDINATION.—In carrying out this sub-
 7      section, the Foundation, including the STEM Edu-
 8      cation Advisory Panel and the Advancing Informal
 9      STEM Learning program and through the Founda-
10      tion’s role in the National Q–12 Education Partner-
11      ship and the programs such as the Q2Work Program,
12      shall coordinate with the Office of Science and Tech-
13      nology Policy, EPSCoR eligible universities, and any
14      Federal agencies or working groups determined nec-
15      essary by the Foundation.
16            (4) REVIEW.—In implementing this subsection,
17      the Foundation shall support the community expan-
18      sion of the related report entitled Key Concepts for
19      Future QIS Learners (May 2020).
20      (f) QUANTUM EDUCATION PILOT PROGRAM.—
21            (1) IN GENERAL.—The Foundation, through the
22      Foundation’s role in the National Q–12 Education
23      Partnership and programs such as Q2Work Program,
24      and in coordination with the Directorate for Edu-
25      cation and Human Resources, shall carry out a pilot


     † HR 4521 EAS
                               208
1       program, to be known as the Next Generation Quan-
2       tum Leaders Pilot Program, to provide funding for
3       the education and training of the next generation of
4       students in the fundamental principles of quantum
5       mechanics.
6             (2) REQUIREMENTS.—
 7                   (A) IN GENERAL.—In carrying out the pilot
 8            program required by paragraph (1), the Founda-
 9            tion shall—
10                       (i) publish a call for applications
11                   through the National Q–12 Education Part-
12                   nership website (or similar website) for par-
13                   ticipation in the pilot program from ele-
14                   mentary schools, secondary schools, and
15                   State educational agencies as determined
16                   appropriate by the Foundation;
17                       (ii) coordinate with educational service
18                   agencies, associations that support STEM
19                   educators or local educational agencies, and
20                   partnerships through the Q–12 Education
21                   Partnership,    to   encourage    elementary
22                   schools, secondary schools, and State edu-
23                   cational agencies to participate in the pro-
24                   gram as determined appropriate by the
25                   Foundation;


     † HR 4521 EAS
                               209
 1                       (iii) accept applications in advance of
 2                   the academic year in which the program
 3                   shall begin; and
 4                       (iv) select elementary schools, sec-
 5                   ondary schools, and State educational agen-
 6                   cies to participate in the program, as deter-
 7                   mined appropriate by the Foundation, in
 8                   accordance with qualifications determined
 9                   by the QIS Workforce Working Group, in
10                   coordination with the National Q–12 Edu-
11                   cation Partnership.
12                   (B) PRIORITIZATION.—In selecting program
13            participants under subparagraph (A)(iv), the
14            Director of the Foundation shall give priority to
15            elementary schools, secondary schools, and local
16            educational agencies located in jurisdictions eli-
17            gible to participate in the Established Program
18            to Stimulate Competitive Research (commonly
19            known as EPSCoR), including Tribal and rural
20            elementary, middle, and high schools in such ju-
21            risdictions.
22            (3)    CONSULTATION.—The        Foundation     shall
23      carry out this subsection in consultation with the QIS
24      Workforce Working Group and the Advancing Infor-
25      mal STEM Learning Program.


     † HR 4521 EAS
                              210
 1            (4) REPORTING.—
 2                   (A)   REPORT   AND    SELECTED     PARTICI-

 3            PANTS.—Not     later than 90 days following the
 4            closing of the application period under para-
 5            graph (2)(A)(iii), the Director of the Foundation
 6            shall submit to Congress a report on the edu-
 7            cational institutions selected to participate in
 8            the pilot program required under paragraph (1),
 9            specifying the percentage from nontraditional ge-
10            ographies, including Tribal or rural school dis-
11            tricts.
12                   (B) REPORT ON IMPLEMENTATION OF CUR-
13            RICULUM.—Not later than 2 years after the date

14            of enactment of this division, the Director of the
15            Foundation shall submit to Congress a report on
16            implementation of the curricula and materials
17            under the pilot program, including the feasi-
18            bility and advisability of expanding such pilot
19            program to include additional educational insti-
20            tutions beyond those originally selected to par-
21            ticipate in the pilot program.
22            (5)    AUTHORIZATION    OF       APPROPRIATIONS.—

23      There is authorized to be appropriated such funds as
24      may be necessary to carry out this subsection.




     † HR 4521 EAS
                                211
 1            (6) TERMINATION.—This subsection shall cease
 2      to have effect on the date that is 3 years after the date
 3      of the enactment of this division.
4       (g) ENERGY SCIENCES NETWORK.—
 5            (1) IN GENERAL.—The Secretary of Energy (re-
 6      ferred to in this subsection as the Secretary), in co-
 7      ordination with the National Science Foundation and
 8      the National Aeronautics and Space Administration,
 9      shall supplement the Energy Sciences Network User
10      Facility (referred to in this subsection as the Net-
11      work) with dedicated quantum network infrastructure
12      to advance development of quantum networking and
13      communications technology.
14            (2) PURPOSE.—The purpose of paragraph (1) is
15      to utilize the Network to advance a broad range of
16      testing and research, including relating to—
17                   (A) the establishment of stable, long-baseline
18            quantum entanglement and teleportation;
19                   (B) quantum repeater technologies for long-
20            baseline communication purposes;
21                   (C) quantum transduction;
22                   (D) the coexistence of quantum and classical
23            information;




     † HR 4521 EAS
                                  212
 1                      (E) multiplexing, forward error correction,
 2               wavelength routing algorithms, and other quan-
 3               tum networking infrastructure; and
 4                      (F) any other technologies or applications
 5               determined necessary by the Secretary.
 6               (3)    AUTHORIZATION     OF   APPROPRIATIONS.—

 7          There are authorized to be appropriated to the Sec-
 8          retary to carry out this subsection, $10,000,000 for
 9          each of fiscal years 2022 through 2026.
10   SEC.    2212.   SUPPORTING     EARLY-CAREER      RESEARCHERS

11                     ACT.

12          (a) SHORT TITLE.—This section may be cited as the
13 ‘‘Supporting Early-Career Researchers Act’’.
14          (b) IN GENERAL.—The Director may establish a 2-
15 year pilot program to award grants to highly qualified
16 early-career investigators to carry out an independent re-
17 search program at the institution of higher education or
18 participating Federal research facility chosen by such in-
19 vestigator, to last for a period not greater than 2 years.
20          (c) PRIORITY FOR BROADENING PARTICIPATION.—In
21 awarding grants under this section, the Director shall give
22 priority to—
23               (1) early-career investigators who are from
24          groups that are underrepresented in science, tech-
25          nology, engineering, and mathematics research;


      † HR 4521 EAS
                               213
 1             (2) early-career investigators who choose to carry
 2       out independent research at a minority-serving insti-
 3       tution (or an institution of higher education with an
 4       established STEM capacity building program focused
 5       on traditionally underrepresented populations in
 6       STEM, including Native Hawaiians, Alaska Natives,
 7       and Indians); and
 8             (3) early-career investigators in a jurisdiction el-
 9       igible to participate under section 113 of the National
10       Science Foundation Authorization Act of 1988 (42
11       U.S.C. 1862g).
12       (d) REPORTS FROM GRANTEES.—Not later than 180
13 days after the end of the pilot program under this section,
14 each early-career investigator who receives a grant under
15 the pilot program shall submit a report to the Director that
16 describes how the early-career investigator used the grant
17 funds.
18       (e) REPORT TO CONGRESS.—Not later than 180 days
19 after the deadline for the submission of the reports described
20 in subsection (d), the Director shall submit a report to the
21 Committee on Commerce, Science, and Transportation of
22 the Senate and the Committee on Science, Space, and Tech-
23 nology of the House of Representatives that contains a sum-
24 mary of the uses of grant funds under this section and the
25 impact of the pilot program under this section.


      † HR 4521 EAS
                                 214
 1   SEC. 2213. ADVANCING PRECISION AGRICULTURE CAPA-

 2                    BILITIES ACT.

 3       (a) SHORT TITLE.—This section may be cited as the
 4 ‘‘Advancing IoT for Precision Agriculture Act of 2021’’.
 5       (b) PURPOSE.—It is the purpose of this section to pro-
 6 mote scientific research and development opportunities for
 7 connected technologies that advance precision agriculture
 8 capabilities.
 9       (c) FOUNDATION DIRECTIVE ON AGRICULTURAL SEN-
10   SOR RESEARCH.—In awarding grants under the sensor sys-

11 tems and networked systems programs of the Foundation,
12 the Director shall include in consideration of portfolio bal-
13 ance research and development on sensor connectivity in en-
14 vironments of intermittent connectivity and intermittent
15 computation—
16             (1) to improve the reliable use of advance sensing
17       systems in rural and agricultural areas; and
18             (2) that considers—
19                     (A) direct gateway access for locally stored
20             data;
21                     (B) attenuation of signal transmission;
22                     (C) loss of signal transmission; and
23                     (D) at-scale performance for wireless power.
24       (d) UPDATING CONSIDERATIONS FOR PRECISION AG-
25   RICULTURE     TECHNOLOGY WITHIN THE NSF ADVANCED
26 TECHNICAL EDUCATION PROGRAM.—Section 3 of the Sci-
      † HR 4521 EAS
                                215
 1 entific and Advanced-Technology Act of 1992 (42 U.S.C.
 2 1862i), as amended by section 2205, is further amended—
 3             (1) in subsection (d)(2), by adding at the end the
 4       following:
 5                    ‘‘(G) applications that incorporate distance
 6             learning tools and approaches.’’; and
 7             (2) in subsection (e)(3)—
 8                    (A) in subparagraph (C), by striking ‘‘and’’
 9             after the semicolon;
10                    (B) in subparagraph (D), by striking the
11             period at the end and inserting ‘‘; and’’; and
12                    (C) by adding at the end the following:
13                    ‘‘(E) applications that incorporate distance
14             learning tools and approaches.’’.
15       (e) GAO REVIEW.—Not later than 18 months after the
16 date of enactment of this section, the Comptroller General
17 of the United States shall provide—
18             (1) a technology assessment of precision agri-
19       culture technologies, such as the existing use of—
20                    (A) sensors, scanners, radio-frequency iden-
21             tification, and related technologies that can mon-
22             itor soil properties, irrigation conditions, and
23             plant physiology;




      † HR 4521 EAS
                                216
 1                    (B) sensors, scanners, radio-frequency iden-
 2             tification, and related technologies that can mon-
 3             itor livestock activity and health;
 4                    (C) network connectivity and wireless com-
 5             munications that can securely support digital
 6             agriculture technologies in rural and remote
 7             areas;
 8                    (D) aerial imagery generated by satellites
 9             or unmanned aerial vehicles;
10                    (E) ground-based robotics;
11                    (F) control systems design and connectivity,
12             such as smart irrigation control systems; and
13                    (G) data management software and ad-
14             vanced analytics that can assist decision making
15             and improve agricultural outcomes; and
16             (2) a review of Federal programs that provide
17       support for precision agriculture research, develop-
18       ment, adoption, education, or training, in existence
19       on the date of enactment of this section.
20   SEC. 2214. CRITICAL MINERALS MINING RESEARCH.

21       (a) CRITICAL MINERALS MINING RESEARCH AND DE-
22   VELOPMENT AT THE FOUNDATION.—

23             (1) IN GENERAL.—In order to support supply
24       chain resiliency, the Director shall issue awards, on
25       a competitive basis, to institutions of higher edu-


      † HR 4521 EAS
                               217
 1      cation or nonprofit organizations (or consortia of
 2      such institutions or organizations) to support basic
 3      research that will accelerate innovation to advance
 4      critical minerals mining strategies and technologies
 5      for the purpose of making better use of domestic re-
 6      sources and eliminating national reliance on min-
 7      erals and mineral materials that are subject to supply
 8      disruptions.
 9            (2) USE OF FUNDS.—Activities funded by an
10      award under this section may include—
11                   (A) advancing mining research and devel-
12            opment activities to develop new mapping and
13            mining technologies and techniques, including
14            advanced critical mineral extraction and pro-
15            duction, to improve existing or to develop new
16            supply chains of critical minerals, and to yield
17            more efficient, economical, and environmentally
18            benign mining practices;
19                   (B) advancing critical mineral processing
20            research    activities   to   improve   separation,
21            alloying, manufacturing, or recycling techniques
22            and technologies that can decrease the energy in-
23            tensity, waste, potential environmental impact,
24            and costs of those activities;




     † HR 4521 EAS
                                218
 1                    (C) conducting long-term earth observation
 2             of reclaimed mine sites, including the study of
 3             the evolution of microbial diversity at such sites;
 4                    (D) examining the application of artificial
 5             intelligence for geological exploration of critical
 6             minerals, including what size and diversity of
 7             data sets would be required;
 8                    (E) examining the application of machine
 9             learning for detection and sorting of critical
10             minerals, including what size and diversity of
11             data sets would be required;
12                    (F) conducting detailed isotope studies of
13             critical minerals and the development of more
14             refined geologic models; or
15                    (G) providing training and research oppor-
16             tunities to undergraduate and graduate students
17             to prepare the next generation of mining engi-
18             neers and researchers.
19       (b)    CRITICAL      MINERALS       INTERAGENCY    SUB-
20   COMMITTEE.—

21             (1) IN GENERAL.—In order to support supply
22       chain resiliency, the Critical Minerals Subcommittee
23       of the National Science and Technology Council (re-
24       ferred to in this subsection as the Subcommittee) shall
25       coordinate Federal science and technology efforts to


      † HR 4521 EAS
                                 219
1       ensure secure and reliable supplies of critical min-
2       erals to the United States.
 3            (2) PURPOSES.—The purposes of the Sub-
 4      committee shall be—
 5                   (A) to advise and assist the Committee on
 6            Homeland and National Security and the Na-
 7            tional Science and Technology Council on
 8            United States policies, procedures, and plans as
 9            it relates to critical minerals, including—
10                        (i) Federal research, development, and
11                   deployment efforts to optimize methods for
12                   extractions, concentration, separation, and
13                   purification of conventional, secondary, and
14                   unconventional sources of critical minerals;
15                        (ii) efficient use and reuse of critical
16                   minerals;
17                        (iii) the critical minerals workforce of
18                   the United States; and
19                        (iv) United States private industry in-
20                   vestments in innovation and technology
21                   transfer from federally funded science and
22                   technology;
23                   (B) to identify emerging opportunities,
24            stimulate international cooperation, and foster




     † HR 4521 EAS
                               220
1             the development of secure and reliable supply
2             chains of critical minerals;
3                    (C) to ensure the transparency of informa-
4             tion and data related to critical minerals; and
5                    (D) to provide recommendations on coordi-
6             nation and collaboration among the research, de-
7             velopment, and deployment programs and activi-
8             ties of Federal agencies to promote a secure and
9             reliable supply of critical minerals necessary to
10            maintain national security, economic well-being,
11            and industrial production.
12            (3) RESPONSIBILITIES.—In carrying out para-
13      graphs (1) and (2), the Subcommittee may, taking
14      into account the findings and recommendations of rel-
15      evant advisory committees—
16                   (A) provide recommendations on how Fed-
17            eral agencies may improve the topographic, geo-
18            logic, and geophysical mapping of the United
19            States and improve the discoverability, accessi-
20            bility, and usability of the resulting and existing
21            data, to the extent permitted by law and subject
22            to appropriate limitation for purposes of privacy
23            and security;
24                   (B) assess the progress toward developing
25            critical minerals recycling and reprocessing tech-


     † HR 4521 EAS
                                221
1             nologies, and technological alternatives to critical
2             minerals;
3                    (C) examine options for accessing and de-
4             veloping critical minerals through investment
5             and trade with allies and partners of the United
6             States and provide recommendations;
7                    (D) evaluate and provide recommendations
8             to incentivize the development and use of ad-
9             vances in science and technology in the private
10            industry;
11                   (E) assess the need for and make rec-
12            ommendations to address the challenges the
13            United States critical minerals supply chain
14            workforce faces, including—
15                        (i) aging and retiring personnel and
16                   faculty;
17                        (ii) public perceptions about the nature
18                   of mining and mineral processing; and
19                        (iii) foreign competition for United
20                   States talent;
21                   (F) develop, and update as necessary, a
22            strategic plan to guide Federal programs and ac-
23            tivities to enhance—
24                        (i) scientific and technical capabilities
25                   across critical mineral supply chains, in-


     † HR 4521 EAS
                                222
 1                   cluding a roadmap that identifies key re-
 2                   search and development needs and coordi-
 3                   nates ongoing activities for source diver-
 4                   sification, more efficient use, recycling, and
 5                   substitution for critical minerals; and
 6                        (ii) cross-cutting mining science, data
 7                   science techniques, materials science, manu-
 8                   facturing science and engineering, computa-
 9                   tional modeling, and environmental health
10                   and safety research and development; and
11                   (G) report to the appropriate committees of
12            Congress on activities and findings under this
13            subsection.
14            (4) MANDATORY           RESPONSIBILITIES.—In     car-
15      rying out paragraphs (1) and (2), the Subcommittee
16      shall, taking into account the findings and rec-
17      ommendations of the relevant advisory committees,
18      identify and evaluate Federal policies and regulations
19      that restrict the mining of critical minerals.
20      (c) GRANT PROGRAM FOR DEVELOPMENT OF CRITICAL
21 MINERALS AND METALS.—
22            (1) ESTABLISHMENT.—The Secretary of Com-
23      merce, in consultation with the Director and the Sec-
24      retary of the Interior, shall establish a grant program




     † HR 4521 EAS
                              223
 1      to finance pilot projects for the development of critical
 2      minerals and metals in the United States.
 3            (2) LIMITATION ON GRANT AWARDS.—A grant
 4      awarded under paragraph (1) may not exceed
 5      $10,000,000.
 6            (3) ECONOMIC VIABILITY.—In awarding grants
 7      under paragraph (1), the Secretary of Commerce shall
 8      give priority to projects that the Secretary of Com-
 9      merce determines are likely to be economically viable
10      over the long term.
11            (4) SECONDARY RECOVERY.—In awarding grants
12      under paragraph (1), the Secretary of Commerce shall
13      seek to award not less than 30 percent of the total
14      amount of grants awarded during the fiscal year for
15      projects relating to secondary recovery of critical min-
16      erals and metals.
17            (5)    AUTHORIZATION    OF    APPROPRIATIONS.—

18      There is authorized to be appropriated to the Sec-
19      retary of Commerce $100,000,000 for each of fiscal
20      years 2021 through 2024 to carry out the grant pro-
21      gram established under paragraph (1).
22      (d) DEFINITIONS.—In this section:
23            (1) CRITICAL MINERAL; CRITICAL MINERAL OR
24      METAL.—The terms ‘‘critical mineral’’ and ‘‘critical

25      mineral or metal’’ include any host mineral of a crit-


     † HR 4521 EAS
                                224
 1       ical mineral (within the meaning of those terms in
 2       section 7002 of title VII of division Z of the Consoli-
 3       dated Appropriations Act, 2021 (Public Law 116–
 4       260)).
 5             (2) SECONDARY       RECOVERY.—The      term ‘‘sec-
 6       ondary recovery’’ means the recovery of critical min-
 7       erals and metals from discarded end-use products or
 8       from waste products produced during the metal refin-
 9       ing and manufacturing process, including from mine
10       waste piles, acid mine drainage sludge, or byproducts
11       produced through legacy mining and metallurgy ac-
12       tivities.
13   SEC. 2215. CAREGIVER POLICIES.

14       (a) OSTP GUIDANCE.—Not later than 6 months after
15 the date of enactment of this division, the Director of the
16 Office of Science and Technology Policy, in consultation
17 with relevant agencies, shall provide guidance to each Fed-
18 eral science agency to establish policies that—
19             (1) apply to all—
20                    (A) research awards granted by such agen-
21             cy; and
22                    (B) principal investigators of such research
23             who have caregiving responsibilities, including
24             care for a newborn or newly adopted child and




      † HR 4521 EAS
                                 225
 1             care for an immediate family member with a se-
 2             rious health condition; and
 3             (2) offer, to the extent feasible—
 4                    (A) flexibility in timing for the initiation of
 5             approved research awards granted by such agen-
 6             cy;
 7                    (B) no-cost extensions of such research
 8             awards; and
 9                    (C) grant supplements, as appropriate, to
10             research awards to sustain research activities
11             conducted under such awards.
12       (b) UNIFORMITY OF GUIDANCE.—In providing guid-
13 ance under subsection (a), the Director of the Office of
14 Science and Technology Policy shall encourage, to the extent
15 practicable, uniformity and consistency in the policies es-
16 tablished pursuant to such guidance across all Federal
17 science agencies.
18       (c) ESTABLISHMENT OF POLICIES.—To the extent
19 practicable and consistent with guidance issued under sub-
20 section (a), Federal science agencies shall—
21             (1) maintain or develop and implement policies
22       for individuals described in paragraph (1)(B) of such
23       subsection; and
24             (2) broadly disseminate such policies to current
25       and potential awardees.


      † HR 4521 EAS
                               226
 1       (d) DATA ON USAGE.—Federal science agencies shall
 2 consider—
 3             (1) collecting data on the usage of the policies
 4       under subsection (c), at both institutions of higher
 5       education and Federal laboratories; and
 6             (2) reporting such data on an annual basis to
 7       the Director of the Office of Science and Technology
 8       Policy in such form as required by the Director of the
 9       Office of Science and Technology Policy.
10       (e) SAVINGS.—
11             (1) PRIVACY.—This section shall be carried out
12       in accordance with all relevant privacy laws.
13             (2) INSTITUTIONS.—This section shall not affect
14       the grantee institution’s institutional policies.
15       (f) DEFINITION OF FEDERAL SCIENCE AGENCY.—In
16 this section, the term ‘‘Federal science agency’’ means any
17 Federal agency with an annual extramural research ex-
18 penditure of over $100,000,000.
19   SEC. 2216. PRESIDENTIAL AWARDS.

20       (a) IN GENERAL.—The President is authorized to
21 make Presidential Awards for Excellence in Technology and
22 Science Research to researchers in underrepresented popu-
23 lations, including women and underrepresented minorities,
24 who have demonstrated outstanding achievements in tech-
25 nology or science research.


      † HR 4521 EAS
                                  227
 1        (b) NUMBER AND DISTRIBUTION OF AWARD RECIPI-
 2   ENTS.—If the President elects to make Presidential Awards

 3 for Excellence in Technology and Science Research under
 4 subsection (a), the President shall make no fewer than 104
 5 Awards. In selecting researchers for the Awards, the Presi-
 6 dent shall select at least 2 researchers—
 7              (1) from each of the States;
 8              (2) from the District of Columbia; and
 9              (3) from the Commonwealth of Puerto Rico.
10        (c) SELECTION PROCEDURES.—The President shall
11 carry out this section, including the establishment of the
12 selection procedures, after consultation with the Director of
13 the Office of Science and Technology Policy and other ap-
14 propriate officials of Federal agencies.
15   SEC. 2217. BIOECONOMY RESEARCH AND DEVELOPMENT

16                     ACT OF 2021.

17        (a) SHORT TITLE.—This section may be cited as the
18 ‘‘Bioeconomy Research and Development Act of 2021’’.
19        (b) FINDINGS.—The Congress makes the following
20 findings:
21              (1) Cellular and molecular processes may be
22        used, mimicked, or redesigned to develop new prod-
23        ucts, processes, and systems that improve societal
24        well-being, strengthen national security, and con-
25        tribute to the economy.


       † HR 4521 EAS
                              228
1             (2) Engineering biology relies on a workforce
2       with a diverse and unique set of skills combining the
3       biological,   physical,   chemical,   and   information
4       sciences and engineering.
5             (3) Long-term research and development is nec-
6       essary to create breakthroughs in engineering biology.
7       Such research and development requires government
8       investment, as many of the benefits are too distant or
9       uncertain for industry to support alone.
10            (4) Research is necessary to inform evidence-
11      based governance of engineering biology and to sup-
12      port the growth of the engineering biology industry.
13            (5) The Federal Government has an obligation to
14      ensure that ethical, legal, environmental, safety, secu-
15      rity, and societal implications of its science and tech-
16      nology research and investment follows policies of re-
17      sponsible innovation and fosters public transparency.
18            (6) The Federal Government can play an impor-
19      tant role by facilitating the development of tools and
20      technologies to further advance engineering biology,
21      including user facilities, by facilitating public-private
22      partnerships, by supporting risk research, and by fa-
23      cilitating the commercial application in the United
24      States of research funded by the Federal Government.




     † HR 4521 EAS
                             229
 1            (7) The United States led the development of the
 2      science and engineering techniques that created the
 3      field of engineering biology, but due to increasing
 4      international competition, the United States is at risk
 5      of losing its competitive advantage if it does not stra-
 6      tegically invest the necessary resources.
 7            (8) A National Engineering Biology Initiative
 8      can serve to establish new research directions and
 9      technology goals, improve interagency coordination
10      and planning processes, drive technology transfer to
11      the private sector, and help ensure optimal returns on
12      the Federal investment.
13      (c) DEFINITIONS.—In this section:
14            (1) BIOMANUFACTURING.—The term ‘‘biomanu-
15      facturing’’ means the utilization of biological systems
16      to develop new and advance existing products, tools,
17      and processes at commercial scale.
18            (2) ENGINEERING BIOLOGY.—The term ‘‘engi-
19      neering biology’’ means the application of engineering
20      design principles and practices to biological systems,
21      including molecular and cellular systems, to advance
22      fundamental understanding of complex natural sys-
23      tems and to enable novel or optimize functions and
24      capabilities.




     † HR 4521 EAS
                               230
1             (3) INITIATIVE.—The term ‘‘Initiative’’ means
2       the National Engineering Biology Research and De-
3       velopment Initiative established under subsection (d).
 4            (4) OMICS.—The term ‘‘omics’’ refers to the col-
 5      lective technologies used to explore the roles, relation-
 6      ships, and actions of the various types of molecules
 7      that make up the cells of an organism.
 8      (d) NATIONAL ENGINEERING BIOLOGY RESEARCH AND
9 DEVELOPMENT INITIATIVE.—
10            (1) IN GENERAL.—The President, acting through
11      the Office of Science and Technology Policy, shall im-
12      plement a National Engineering Biology Research
13      and Development Initiative to advance societal well-
14      being, national security, sustainability, and economic
15      productivity and competitiveness through—
16                   (A) advancing areas of research at the
17            intersection of the biological, physical, chemical,
18            data, and computational sciences and engineer-
19            ing to accelerate scientific understanding and
20            technological innovation in engineering biology;
21                   (B) advancing areas of biomanufacturing
22            research to optimize, standardize, scale, and de-
23            liver new products and solutions;
24                   (C)   supporting   social   and   behavioral
25            sciences and economics research that advances


     † HR 4521 EAS
                               231
1             the field of engineering biology and contributes
2             to the development and public understanding of
3             new products, processes, and technologies;
4                    (D) improving the understanding of engi-
5             neering biology of the scientific and lay public
6             and supporting greater evidence-based public
7             discourse about its benefits and risks;
8                    (E) supporting research relating to the risks
9             and benefits of engineering biology, including
10            under paragraph (4);
11                   (F) supporting the development of novel
12            tools and technologies to accelerate scientific un-
13            derstanding and technological innovation in en-
14            gineering biology;
15                   (G) expanding the number of researchers,
16            educators, and students and a retooled workforce
17            with engineering biology training, including
18            from traditionally underrepresented and under-
19            served populations;
20                   (H) accelerating the translation and com-
21            mercialization of engineering biology research
22            and development by the private sector; and
23                   (I) improving the interagency planning and
24            coordination of Federal Government activities
25            related to engineering biology.


     † HR 4521 EAS
                                 232
 1            (2) INITIATIVE ACTIVITIES.—The activities of the
 2      Initiative shall include—
 3                   (A) sustained support for engineering biol-
 4            ogy research and development through—
 5                         (i) grants to fund the work of indi-
 6                   vidual investigators and teams of investiga-
 7                   tors, including interdisciplinary teams;
 8                         (ii) projects funded under joint solici-
 9                   tations by a collaboration of no fewer than
10                   two agencies participating in the Initiative;
11                   and
12                         (iii) interdisciplinary research centers
13                   that are organized to investigate basic re-
14                   search questions, carry out technology devel-
15                   opment and demonstration activities, and
16                   increase understanding of how to scale up
17                   engineering biology processes, including bio-
18                   manufacturing;
19                   (B) sustained support for databases and re-
20            lated tools, including—
21                         (i)   support   for   curated   genomics,
22                   epigenomics, and other relevant omics data-
23                   bases, including plant and microbial data-
24                   bases, that are available to researchers to
25                   carry out engineering biology research in a


     † HR 4521 EAS
                                  233
1                    manner that does not compromise national
2                    security or the privacy or security of infor-
3                    mation within such databases;
4                            (ii) development of standards for such
5                    databases, including for curation, interoper-
6                    ability, and protection of privacy and secu-
7                    rity;
8                            (iii) support for the development of
9                    computational tools, including artificial in-
10                   telligence tools, that can accelerate research
11                   and innovation using such databases; and
12                           (iv) an inventory and assessment of all
13                   Federal government omics databases to
14                   identify opportunities to improve the utility
15                   of such databases, as appropriate and in a
16                   manner that does not compromise national
17                   security or the privacy and security of in-
18                   formation within such databases, and in-
19                   form investment in such databases as crit-
20                   ical infrastructure for the engineering biol-
21                   ogy research enterprise;
22                   (C) sustained support for the development,
23            optimization, and validation of novel tools and
24            technologies to enable the dynamic study of mo-
25            lecular processes in situ, including through—


     † HR 4521 EAS
                                  234
 1                        (i) research conducted at Federal lab-
 2                   oratories;
 3                        (ii) grants to fund the work of inves-
 4                   tigators at institutions of higher education
 5                   and other nonprofit research institutions;
 6                        (iii) incentivized development of re-
 7                   tooled industrial sites across the country
 8                   that foster a pivot to modernized engineer-
 9                   ing biology initiatives; and
10                        (iv) awards under the Small Business
11                   Innovation Research Program and the
12                   Small Business Technology Transfer Pro-
13                   gram, as described in section 9 of the Small
14                   Business Act (15 U.S.C. 638);
15                   (D) support for education and training of
16            undergraduate and graduate students in engi-
17            neering biology, biomanufacturing, bioprocess en-
18            gineering, and computational science applied to
19            engineering biology and in the related ethical,
20            legal, environmental, safety, security, and other
21            societal domains;
22                   (E) activities to develop robust mechanisms
23            for documenting and quantifying the outputs
24            and economic benefits of engineering biology;
25            and


     † HR 4521 EAS
                               235
1                    (F) activities to accelerate the translation
2             and commercialization of new products, proc-
3             esses, and technologies by—
4                        (i) identifying precompetitive research
5                    opportunities;
6                        (ii) facilitating public-private partner-
7                    ships in engineering biology research and
8                    development;
9                        (iii) connecting researchers, graduate
10                   students, and postdoctoral fellows with en-
11                   trepreneurship education and training op-
12                   portunities; and
13                       (iv) supporting proof of concept activi-
14                   ties and the formation of startup companies
15                   including through programs such as the
16                   Small Business Innovation Research Pro-
17                   gram and the Small Business Technology
18                   Transfer Program.
19            (3) EXPANDING PARTICIPATION.—The Initiative
20      shall include, to the maximum extent practicable, out-
21      reach to primarily undergraduate and minority-serv-
22      ing institutions (and institutions of higher education
23      with an established STEM capacity building program
24      focused on traditionally underrepresented populations
25      in STEM, including Native Hawaiians, Alaska Na-


     † HR 4521 EAS
                               236
 1      tives, and Indians) about Initiative opportunities,
 2      and shall encourage the development of research col-
 3      laborations between research-intensive universities
 4      and primarily undergraduate and minority-serving
 5      institutions (and institutions of higher education
 6      with an established STEM capacity building program
 7      focused on traditionally underrepresented populations
 8      in STEM, including Native Hawaiians, Alaska Na-
 9      tives, and Indians).
10            (4) ETHICAL, LEGAL, ENVIRONMENTAL, SAFETY,
11      SECURITY, AND SOCIETAL ISSUES.—Initiative activi-

12      ties shall take into account ethical, legal, environ-
13      mental, safety, security, and other appropriate soci-
14      etal issues by—
15                   (A) supporting research, including in the
16            social sciences, and other activities addressing
17            ethical, legal, environmental, and other appro-
18            priate societal issues related to engineering biol-
19            ogy, including integrating research on such top-
20            ics with the research and development in engi-
21            neering biology, and encouraging the dissemina-
22            tion of the results of such research, including
23            through interdisciplinary engineering biology re-
24            search centers described in paragraph (2)(A)(iii);




     † HR 4521 EAS
                                237
 1                   (B) supporting research and other activities
 2            related to the safety and security implications of
 3            engineering biology, including outreach to in-
 4            crease awareness among Federal researchers and
 5            Federally-funded researchers at institutions of
 6            higher education about potential safety and secu-
 7            rity implications of engineering biology research,
 8            as appropriate;
 9                   (C) ensuring that input from Federal and
10            non-Federal experts on the ethical, legal, envi-
11            ronmental, safety, security, and other appro-
12            priate societal issues related to engineering biol-
13            ogy is integrated into the Initiative;
14                   (D) ensuring, through the agencies and de-
15            partments that participate in the Initiative, that
16            public input and outreach are integrated into
17            the Initiative by the convening of regular and
18            ongoing public discussions through mechanisms
19            such as workshops, consensus conferences, and
20            educational events, as appropriate; and
21                   (E) complying with all applicable provi-
22            sions of Federal law.
23      (e) INITIATIVE COORDINATION.—
24            (1) INTERAGENCY COMMITTEE.—The President,
25      acting through the Office of Science and Technology


     † HR 4521 EAS
                               238
 1      Policy, shall designate an interagency committee to
 2      coordinate activities of the Initiative as appropriate,
 3      which shall be co-chaired by the Office of Science and
 4      Technology Policy, and include representatives from
 5      the Foundation, the Department of Energy, the De-
 6      partment of Defense, the National Aeronautics and
 7      Space Administration, the National Oceanic and At-
 8      mospheric Administration, the National Institute of
 9      Standards and Technology, the Environmental Pro-
10      tection Agency, the Department of Agriculture, the
11      Department of Health and Human Services, the Bu-
12      reau of Economic Analysis, and any other agency
13      that the President considers appropriate (in this sec-
14      tion referred to as the Interagency Committee). The
15      Director of the Office of Science and Technology Pol-
16      icy shall select an additional co-chairperson from
17      among the members of the Interagency Committee.
18      The Interagency Committee shall oversee the plan-
19      ning, management, and coordination of the Initiative.
20      The Interagency Committee shall—
21                   (A) provide for interagency coordination of
22            Federal engineering biology research, develop-
23            ment, and other activities undertaken pursuant
24            to the Initiative;




     † HR 4521 EAS
                                 239
1                    (B) establish and periodically update goals
2             and priorities for the Initiative;
3                    (C) develop, not later than 12 months after
4             the date of the enactment of this division, and
5             update every 3 years thereafter, a strategic plan
6             submitted to the Committee on Science, Space,
7             and Technology and the Committee on Energy
8             and Commerce of the House of Representatives
9             and the Committee on Commerce, Science, and
10            Transportation and the Committee on Health,
11            Education, Labor, and Pensions of the Senate
12            that—
13                       (i) guides the activities of the Initia-
14                   tive for purposes of meeting the goals and
15                   priorities established under (and updated
16                   pursuant to) subparagraph (B); and
17                       (ii) describes—
18                               (I) the Initiative’s support for
19                       long-term funding for interdisciplinary
20                       engineering biology research and devel-
21                       opment;
22                               (II) the Initiative’s support for
23                       education and public outreach activi-
24                       ties;




     † HR 4521 EAS
                            240
 1                        (III) the Initiative’s support for
 2                   research and other activities on ethical,
 3                   legal, environmental, safety, security,
 4                   and other appropriate societal issues
 5                   related to engineering biology includ-
 6                   ing—
 7                                (aa) an applied biorisk man-
 8                        agement research plan;
 9                                (bb) recommendations for in-
10                        tegrating security into biological
11                        data access and international rec-
12                        iprocity agreements;
13                                (cc)   recommendations   for
14                        manufacturing restructuring to
15                        support engineering biology re-
16                        search, development, and scaling-
17                        up initiatives; and
18                                (dd) an evaluation of exist-
19                        ing biosecurity governance poli-
20                        cies, guidance, and directives for
21                        the purposes of creating an adapt-
22                        able, evidence-based framework to
23                        respond to emerging biosecurity
24                        challenges created by advances in
25                        engineering biology;


     † HR 4521 EAS
                               241
 1                            (IV) how the Initiative will con-
 2                       tribute to moving results out of the lab-
 3                       oratory and into application for the
 4                       benefit of society and United States
 5                       competitiveness; and
 6                            (V) how the Initiative will meas-
 7                       ure and track the contributions of engi-
 8                       neering biology to United States eco-
 9                       nomic growth and other societal indi-
10                       cators;
11                   (D) develop a national genomic sequencing
12            strategy to ensure engineering biology research
13            fully leverages plant, animal, and microbe bio-
14            diversity, as appropriate and in a manner that
15            does not compromise national security or the
16            privacy or security of human genetic informa-
17            tion, to enhance long-term innovation and com-
18            petitiveness in engineering biology in the United
19            States;
20                   (E) develop a plan to utilize Federal pro-
21            grams, such as the Small Business Innovation
22            Research Program and the Small Business Tech-
23            nology Transfer Program as described in section
24            9 of the Small Business Act (15 U.S.C. 638), in




     † HR 4521 EAS
                               242
1             support of the activities described in subsection
2             (d)(2)(C); and
3                    (F) in carrying out this subsection, take
4             into consideration the recommendations of the
5             advisory committee established under subsection
6             (f), the results of the workshop convened under
7             subsection (d)(4)(D), existing reports on related
8             topics, and the views of academic, State, indus-
9             try, and other appropriate groups.
10            (2) TRIENNIAL REPORT.—Beginning with fiscal
11      year 2022 and ending in fiscal year 2028, not later
12      than 90 days after submission of the President’s an-
13      nual budget request and every third fiscal year there-
14      after, the Interagency Committee shall prepare and
15      submit to the Committee on Science, Space, and Tech-
16      nology of the House of Representatives and the Com-
17      mittee on Commerce, Science, and Transportation of
18      the Senate a report that includes—
19                   (A) a summarized agency budget in support
20            of the Initiative for the fiscal year to which such
21            budget request applies, for the following 2 fiscal
22            years, for the then current fiscal year, including
23            a breakout of spending for each agency partici-
24            pating in the Program, and for the development




     † HR 4521 EAS
                                 243
 1            and acquisition of any research facilities and in-
 2            strumentation; and
 3                   (B) an assessment of how Federal agencies
 4            are implementing the plan described in para-
 5            graph (1)(C), including—
 6                        (i) a description of the amount and
 7                   number of awards made under the Small
 8                   Business Innovation Research Program and
 9                   the Small Business Technology Transfer
10                   Program (as described in section 9 of the
11                   Small Business Act (15 U.S.C. 638)) in
12                   support of the Initiative;
13                        (ii) a description of the amount and
14                   number of projects funded under joint so-
15                   licitations by a collaboration of no fewer
16                   than 2 agencies participating in the Initia-
17                   tive; and
18                        (iii) a description of the effect of the
19                   newly funded projects by the Initiative.
20            (3) INITIATIVE OFFICE.—
21                   (A) IN GENERAL.—The President shall es-
22            tablish an Initiative Coordination Office, with a
23            Director and full-time staff, which shall—
24                        (i) provide technical and administra-
25                   tive support to the interagency committee


     † HR 4521 EAS
                                  244
1                    and the advisory committee established
2                    under subsection (f);
3                         (ii) serve as the point of contact on
4                    Federal engineering biology activities for
5                    government organizations, academia, indus-
6                    try, professional societies, State govern-
7                    ments, interested citizen groups, and others
8                    to exchange technical and programmatic in-
9                    formation;
10                        (iii) oversee interagency coordination
11                   of the Initiative, including by encouraging
12                   and supporting joint agency solicitation
13                   and selection of applications for funding of
14                   activities under the Initiative, as appro-
15                   priate;
16                        (iv) conduct public outreach, including
17                   dissemination of findings and recommenda-
18                   tions of the advisory committee established
19                   under subsection (f), as appropriate;
20                        (v) serve as the coordinator of ethical,
21                   legal, environmental, safety, security, and
22                   other appropriate societal input; and
23                        (vi) promote access to, and early appli-
24                   cation of, the technologies, innovations, and
25                   expertise derived from Initiative activities


     † HR 4521 EAS
                               245
1                    to agency missions and systems across the
2                    Federal Government, and to United States
3                    industry, including startup companies.
 4                   (B) FUNDING.—The Director of the Office of
 5            Science and Technology Policy, in coordination
 6            with each participating Federal department and
 7            agency, as appropriate, shall develop and annu-
 8            ally update an estimate of the funds necessary to
 9            carry out the activities of the Initiative Coordi-
10            nation Office and submit such estimate with an
11            agreed summary of contributions from each
12            agency to Congress as part of the President’s an-
13            nual budget request to Congress.
14                   (C) TERMINATION.—The Initiative Coordi-
15            nation Office established under this paragraph
16            shall terminate on the date that is 10 years after
17            the date of the enactment of this Act.
18            (4) RULE OF CONSTRUCTION.—Nothing in this
19      subsection shall be construed to alter the policies,
20      processes, or practices of individual Federal agencies
21      in effect on the day before the date of the enactment
22      of this division relating to the conduct of biomedical
23      research and advanced development, including the so-
24      licitation and review of extramural research pro-
25      posals.


     † HR 4521 EAS
                                246
 1      (f) ADVISORY COMMITTEE.—
 2            (1) IN GENERAL.—The agency co-chair of the
 3      interagency committee established in subsection (e)
 4      shall, in consultation with the Office of Science and
 5      Technology Policy, designate or establish an advisory
 6      committee on engineering biology research and devel-
 7      opment (in this subsection referred to as the advisory
 8      committee) to be composed of not fewer than 12 mem-
 9      bers, including representatives of research and aca-
10      demic institutions, industry, and nongovernmental
11      entities, who are qualified to provide advice on the
12      Initiative.
13            (2) ASSESSMENT.—The advisory committee shall
14      assess—
15                   (A) the current state of United States com-
16            petitiveness in engineering biology, including the
17            scope and scale of United States investments in
18            engineering biology research and development in
19            the international context;
20                   (B) current market barriers to commer-
21            cialization of engineering biology products, proc-
22            esses, and tools in the United States;
23                   (C) progress made in implementing the Ini-
24            tiative;
25                   (D) the need to revise the Initiative;


     † HR 4521 EAS
                               247
 1                   (E) the balance of activities and funding
 2            across the Initiative;
 3                   (F) whether the strategic plan developed or
 4            updated by the interagency committee established
 5            under subsection (e) is helping to maintain
 6            United States leadership in engineering biology;
 7                   (G) the management, coordination, imple-
 8            mentation, and activities of the Initiative; and
 9                   (H) whether ethical, legal, environmental,
10            safety, security, and other appropriate societal
11            issues are adequately addressed by the Initiative.
12            (3) REPORTS.—Beginning not later than 2 years
13      after the date of enactment of this division, and not
14      less frequently than once every 3 years thereafter, the
15      advisory committee shall submit to the President, the
16      Committee on Science, Space, and Technology of the
17      House of Representatives, and the Committee on Com-
18      merce, Science, and Transportation of the Senate, a
19      report on—
20                   (A) the findings of the advisory committee’s
21            assessment under paragraph (2); and
22                   (B) the advisory committee’s recommenda-
23            tions for ways to improve the Initiative.
24            (4) APPLICATION OF FEDERAL ADVISORY COM-
25      MITTEE ACT.—Section          14 of the Federal Advisory


     † HR 4521 EAS
                                248
1        Committee Act (5 U.S.C. App.) shall not apply to the
2        advisory committee.
3              (5) TERMINATION.—The advisory committee es-
4        tablished under paragraph (1) shall terminate on the
5        date that is 10 years after the date of the enactment
6        of this Act.
 7       (g) EXTERNAL REVIEW OF ETHICAL, LEGAL, ENVI-
 8   RONMENTAL, SAFETY, SECURITY, AND SOCIETAL ISSUES.—

 9             (1) IN GENERAL.—Not later than 6 months after
10       the date of enactment of this division, the Director
11       shall seek to enter into an agreement with the Na-
12       tional Academies of Sciences, Engineering, and Medi-
13       cine to conduct a review, and make recommendations
14       with respect to, the ethical, legal, environmental, safe-
15       ty, security, and other appropriate societal issues re-
16       lated to engineering biology research and develop-
17       ment. The review shall include—
18                    (A) an assessment of the current research on
19             such issues;
20                    (B) a description of the research gaps relat-
21             ing to such issues;
22                    (C) recommendations on how the Initiative
23             can address the research needs identified pursu-
24             ant to subparagraph (B); and




      † HR 4521 EAS
                               249
 1                   (D) recommendations on how researchers
 2            engaged in engineering biology can best incor-
 3            porate considerations of ethical, legal, environ-
 4            mental, safety, security, and other societal issues
 5            into the development of research proposals and
 6            the conduct of research.
 7            (2) REPORT TO CONGRESS.—The agreement en-
 8      tered into under paragraph (1) shall require the Na-
 9      tional Academies of Sciences, Engineering, and Medi-
10      cine to, not later than 2 years after the date of the
11      enactment of this division—
12                   (A) submit to the Committee on Science,
13            Space, and Technology of the House of Rep-
14            resentatives and the Committee on Commerce,
15            Science, and Transportation of the Senate a re-
16            port containing the findings and recommenda-
17            tions of the review conducted under paragraph
18            (1); and
19                   (B) make a copy of such report available on
20            a publicly accessible website.
21      (h) AGENCY ACTIVITIES.—
22            (1) NATIONAL SCIENCE FOUNDATION.—As part
23      of the Initiative, the Foundation shall—
24                   (A) support basic research in engineering
25            biology through individual grants, collaborative


     † HR 4521 EAS
                                250
1             grants, and through interdisciplinary research
2             centers;
3                     (B) support research on the environmental,
4             legal, ethical, and social implications of engi-
5             neering biology;
6                     (C) provide support for research instrumen-
7             tation for engineering biology disciplines, includ-
8             ing support for research, development, optimiza-
9             tion and validation of novel technologies to en-
10            able the dynamic study of molecular processes in
11            situ;
12                    (D) support curriculum development and
13            research     experiences   for   secondary,   under-
14            graduate, and graduate students in engineering
15            biology and biomanufacturing; and
16                    (E) award grants, on a competitive basis, to
17            enable institutions to support graduate students
18            and postdoctoral fellows who perform some of
19            their engineering biology research in an industry
20            setting.
21            (2) DEPARTMENT OF COMMERCE.—
22                    (A) NATIONAL INSTITUTE OF STANDARDS
23            AND TECHNOLOGY.—As part of the Initiative, the

24            Director of the National Institute of Standards
25            and Technology shall—


     † HR 4521 EAS
                                251
 1                         (i) establish a bioscience research pro-
 2                   gram to advance the development of stand-
 3                   ard reference materials and measurements
 4                   and to create new data tools, techniques,
 5                   and processes necessary to advance engi-
 6                   neering biology and biomanufacturing;
 7                         (ii) provide access to user facilities
 8                   with advanced or unique equipment, serv-
 9                   ices, materials, and other resources to in-
10                   dustry, institutions of higher education,
11                   nonprofit organizations, and government
12                   agencies to perform research and testing;
13                   and
14                         (iii) provide technical expertise to in-
15                   form the potential development of guidelines
16                   or safeguards for new products, processes,
17                   and systems of engineering biology.
18                   (B) NATIONAL OCEANIC AND ATMOSPHERIC
19            ADMINISTRATION.—As part of the initiative, the

20            Administrator of the National Oceanic and At-
21            mospheric Administration shall—
22                         (i) establish a program to conduct and
23                   support omics research and associated
24                   bioinformatic sciences to increase efficiency
25                   and promote a sustainable bioeconomy (blue


     † HR 4521 EAS
                                 252
1                    economy) to develop the next generation of
2                    tools and products to improve ecosystem
3                    stewardship, monitoring, management, as-
4                    sessments, and forecasts; and
5                           (ii) collaborate with other agencies to
6                    understand potential environmental threats
7                    and safeguards relating to engineering biol-
8                    ogy.
 9            (3) DEPARTMENT OF ENERGY.—As part of the
10      Initiative, the Secretary of Energy shall—
11                   (A) conduct and support research, develop-
12            ment, demonstration, and commercial applica-
13            tion activities in engineering biology, including
14            in the areas of synthetic biology, advanced
15            biofuel development, biobased materials, and en-
16            vironmental remediation;
17                   (B) support the development, optimization
18            and validation of novel, scalable tools and tech-
19            nologies to enable the dynamic study of molec-
20            ular processes in situ; and
21                   (C) provide access to user facilities with ad-
22            vanced or unique equipment, services, materials,
23            and other resources, including secure access to
24            high-performance computing, as appropriate, to
25            industry, institutions of higher education, non-


     † HR 4521 EAS
                               253
 1            profit organizations, and government agencies to
 2            perform research and testing.
 3            (4) DEPARTMENT OF DEFENSE.—As part of the
 4      Initiative, the Secretary of Defense shall—
 5                   (A) conduct and support research and devel-
 6            opment in engineering biology and associated
 7            data and information sciences;
 8                   (B) support curriculum development and
 9            research experiences in engineering biology and
10            associated data and information sciences across
11            the military education system, to include service
12            academies, professional military education, and
13            military graduate education; and
14                   (C) assess risks of potential national secu-
15            rity and economic security threats relating to en-
16            gineering biology.
17            (5) NATIONAL AERONAUTICS AND SPACE ADMIN-
18      ISTRATION.—As part of the Initiative, the National

19      Aeronautics and Space Administration shall—
20                   (A) conduct and support basic and applied
21            research in engineering biology, including in
22            synthetic biology, and related to Earth and space
23            sciences, aeronautics, space technology, and space
24            exploration and experimentation, consistent with




     † HR 4521 EAS
                                254
 1            the priorities established in the National Acad-
 2            emies’ decadal surveys; and
 3                   (B) award grants, on a competitive basis,
 4            that enable institutions to support graduate stu-
 5            dents and postdoctoral fellows who perform some
 6            of their engineering biology research in an in-
 7            dustry setting.
 8            (6) DEPARTMENT OF AGRICULTURE.—As part of
 9      the Initiative, the Secretary of Agriculture shall—
10                   (A) support research and development in
11            engineering biology, including in synthetic biol-
12            ogy and biomaterials;
13                   (B) award grants through the National In-
14            stitute of Food and Agriculture; and
15                   (C) support development conducted by the
16            Agricultural Research Service.
17            (7) ENVIRONMENTAL PROTECTION AGENCY.—As
18      part of the Initiative, the Environmental Protection
19      Agency shall support research on how products, proc-
20      esses, and systems of engineering biology will affect or
21      can protect the environment.
22            (8) DEPARTMENT OF HEALTH AND HUMAN SERV-
23      ICES.—As      part of the Initiative, the Secretary of
24      Health and Human Services, as appropriate and con-
25      sistent with activities of the Department of Health


     † HR 4521 EAS
                                 255
 1       and Human Services in effect on the day before the
 2       date of the enactment of this division, shall—
 3                    (A) support research and development to
 4             advance the understanding and application of
 5             engineering biology for human health;
 6                    (B) support relevant interdisciplinary re-
 7             search and coordination; and
 8                    (C) support activities necessary to facilitate
 9             oversight of relevant emerging biotechnologies.
10       (i) RULE OF CONSTRUCTION.—Nothing in this section
11 shall be construed to require public disclosure of informa-
12 tion that is exempt from mandatory disclosure under sec-
13 tion 552 of title 5, United States Code.
14   SEC. 2218. MICROGRAVITY UTILIZATION POLICY.

15       (a) SENSE OF CONGRESS.—It is the sense of Congress
16 that space technology and the utilization of the micro-
17 gravity environment for science, engineering, and tech-
18 nology development is critical to long-term competitiveness
19 with near-peer competitors, including China.
20       (b) POLICY.—To the greatest extent appropriate, the
21 Foundation shall facilitate access to the microgravity envi-
22 ronment for awardees of funding from the Foundation, in-
23 cluding in private sector platforms, for the development of
24 science, engineering, and technology.




      † HR 4521 EAS
                                256
 1       (c) REPORT.—Not later than 180 days after the date
 2 of enactment of this division, the Director shall provide to
 3 the appropriate committees of Congress a report on the
 4 Foundation’s plan for facilitating awardee access to the
 5 microgravity environment.
 6   TITLE III—RESEARCH SECURITY
 7   SEC. 2301. NATIONAL SCIENCE FOUNDATION RESEARCH SE-

 8                    CURITY.

 9       (a) RESEARCH SECURITY AND POLICY OFFICE.—The
10 Director shall establish and maintain a research security
11 and policy office within the Office of the Director. The func-
12 tions of the research security and policy office shall be to
13 coordinate all research security policy issues across the
14 Foundation, including by—
15               (1) serving as a resource at the Foundation for
16       all policy issues related to the security and integrity
17       of the conduct of research supported by the Founda-
18       tion;
19               (2) conducting outreach and education activities
20       for awardees on research policies and potential secu-
21       rity risks;
22               (3) educating Foundation program managers
23       and other staff on evaluating Foundation awards and
24       awardees for potential security risks;




      † HR 4521 EAS
                             257
1             (4) communicating reporting and disclosure re-
2       quirements to awardees and applicants for funding;
3             (5) consulting and coordinating with the Foun-
4       dation Office of Inspector General and with other
5       Federal science agencies, as appropriate, and through
6       the National Science and Technology Council in ac-
7       cordance with the authority provided under section
8       1746 of the National Defense Authorization Act for
9       Fiscal Year 2020 (Public Law 116–92; 42 U.S.C.
10      6601 note), to identify and address potential security
11      risks that threaten research integrity and other risks
12      to the research enterprise and to develop research se-
13      curity policy and best practices;
14            (6) performing risk assessments, in consultation,
15      as appropriate, with other Federal agencies, of Foun-
16      dation proposals and awards using analytical tools to
17      assess nondisclosures of required information that
18      could indicate breaches of research integrity or poten-
19      tially fraudulent activity that would be referred to the
20      Foundation Office of Inspector General;
21            (7) establishing policies and procedures for safe-
22      guarding sensitive research information and tech-
23      nology, working in consultation, as appropriate, with
24      other Federal agencies, to ensure compliance with Na-
25      tional Security Presidential Memorandum–33 (relat-


     † HR 4521 EAS
                               258
 1       ing to strengthening protections of United States Gov-
 2       ernment-supported research and development against
 3       foreign government interference and exploitation) or a
 4       successor policy document; and
 5             (8) in accordance with relevant policies of the
 6       agency, conducting due diligence with regard to ap-
 7       plicants for grant funding from the Foundation prior
 8       to awarding such funding.
 9       (b) CHIEF OF RESEARCH SECURITY.—The Director
10 shall appoint a senior agency official within the Office of
11 the Director as a Chief of Research Security, whose primary
12 responsibility is to manage the office established in sub-
13 section (a).
14       (c) REPORT TO CONGRESS.—Not later than 180 days
15 after the date of enactment of this division, the Director
16 shall provide a report on the resources and the number of
17 full-time employees needed to carry out the functions of the
18 office established in subsection (a) to the Committee on
19 Commerce, Science, and Transportation of the Senate, the
20 Committee on Appropriations of the Senate, the Committee
21 on Science, Space, and Technology of the House of Rep-
22 resentatives, and the Committee on Appropriations of the
23 House of Representatives.
24       (d) ONLINE RESOURCE.—The Director shall develop
25 an online resource hosted on the Foundation’s publicly ac-


      † HR 4521 EAS
                              259
 1 cessible website containing up-to-date information, tailored
 2 for institutions of higher education and individual re-
 3 searchers, including—
 4             (1) an explanation of Foundation research secu-
 5       rity policies;
 6             (2) unclassified guidance on potential security
 7       risks that threaten research integrity and other risks
 8       to the research enterprise;
 9             (3) examples of beneficial international collabo-
10       rations and how such collaborations differ from for-
11       eign government interference efforts that threaten re-
12       search integrity;
13             (4) best practices for mitigating security risks
14       that threaten research integrity; and
15             (5) additional reference materials, including
16       tools that assist organizations seeking Foundation
17       funding and awardees in information disclosure to
18       the Foundation.
19       (e) RESEARCH GRANTS.—The Director shall continue
20 to award grants, on a competitive basis, to institutions of
21 higher education or nonprofit organizations (or consortia
22 of such institutions or organizations) to support research
23 on the conduct of research and the research environment,
24 including research on research misconduct, breaches of re-
25 search integrity, and detrimental research practices.


      † HR 4521 EAS
                                260
 1       (f) RESPONSIBLE CONDUCT IN RESEARCH TRAIN-
 2   ING.—Section 7009 of the America Creating Opportunities

 3 to Meaningfully Promote Excellence in Technology, Edu-
 4 cation, and Science Act (42 U.S.C. 1862o–1) is amended—
 5             (1) by striking ‘‘and postdoctoral researchers’’
 6       and inserting ‘‘postdoctoral researchers, faculty, and
 7       other senior personnel’’; and
 8             (2) by inserting before the period at the end the
 9       following: ‘‘, including training and mentorship to
10       raise awareness of potential security threats and of
11       Federal export control, disclosure, and reporting re-
12       quirements’’.
13       (g) FUNDING.—From any amounts appropriated for
14 the Foundation for each of fiscal years 2022 through 2026,
15 the Director shall allocate $5,000,000 to carry out this sec-
16 tion for each such year.
17   SEC. 2302. RESEARCH SECURITY AND INTEGRITY INFORMA-

18                    TION SHARING ANALYSIS ORGANIZATION.

19       (a) ESTABLISHMENT.—The Director of the Office of
20 Science and Technology Policy shall enter into an agree-
21 ment with a qualified independent organization to establish
22 a research security and integrity information sharing anal-
23 ysis organization (referred to in this section as the ‘‘RSI–
24 ISAO’’), which shall include members described in sub-




      † HR 4521 EAS
                                261
1 section (d) and carry out the duties described in subsection
2 (b).
 3       (b) DUTIES.—The RSI–ISAO shall—
 4               (1) serve as a clearinghouse for information to
 5       help enable the members and other entities in the re-
 6       search community to understand the context of their
 7       research and identify improper or illegal efforts by
 8       foreign entities to obtain research results, know how,
 9       materials, and intellectual property;
10               (2) develop a set of standard risk assessment
11       frameworks and best practices, relevant to the re-
12       search community, to assess research security risks in
13       different contexts;
14               (3) share information concerning security threats
15       and lessons learned from protection and response ef-
16       forts through forums and other forms of communica-
17       tion;
18               (4) provide timely reports on research security
19       risks to provide situational awareness tailored to the
20       research and education community;
21               (5) provide training and support, including
22       through webinars, for relevant faculty and staff em-
23       ployed by institutions of higher education on topics
24       relevant to research security risks and response;




     † HR 4521 EAS
                              262
 1             (6) enable standardized information gathering
 2       and data compilation, storage, and analysis for com-
 3       piled incident reports;
 4             (7) support analysis of patterns of risk and iden-
 5       tification of bad actors and enhance the ability of
 6       members to prevent and respond to research security
 7       risks; and
 8             (8) take other appropriate steps to enhance re-
 9       search security.
10       (c) FUNDING.—The Foundation may provide initial
11 funds toward the RSI–ISAO, but shall seek to have the fees
12 authorized in subsection (d)(2) cover the costs of operations
13 at the earliest practicable time.
14       (d) MEMBERSHIP.—
15             (1) IN GENERAL.—The RSI–ISAO shall serve
16       and include members representing institutions of
17       higher education, nonprofit research institutions, and
18       small and medium-sized businesses.
19             (2) FEES.—As soon as practicable, members of
20       the RSI–ISAO shall be charged an annual rate to en-
21       able the RSI–ISAO to cover its costs. Rates shall be
22       set on a sliding scale based on research and develop-
23       ment spent to ensure that membership is accessible to
24       a diverse community of stakeholders and ensure broad
25       participation. The RSI–ISAO shall develop a plan to


      † HR 4521 EAS
                                263
 1        sustain the RSI–ISAO without Federal funding, as
 2        practicable.
 3        (e) BOARD OF DIRECTORS.—The RSI–ISAO may es-
 4 tablish a board of directors to provide guidance for policies,
 5 legal issues, and plans and strategies of the entity’s oper-
 6 ations. The board shall include a diverse group of stake-
 7 holders representing the research community, including
 8 academia, industry, and experienced research security ad-
 9 ministrators.
10        (f) DEFINITION OF INSTITUTION OF HIGHER EDU-
11   CATION .—The term ‘‘institution of higher education’’ has

12 the meaning given the term in section 101(a) of the Higher
13 Education Act of 1965 (20 U.S.C. 1001(a)).
14   SEC. 2303. FOREIGN GOVERNMENT TALENT RECRUITMENT

15                     PROGRAM PROHIBITION.

16        (a) GUIDANCE.—Not later than 180 days after the date
17 of enactment of this division, the Director of the Office of
18 Science and Technology Policy shall, in coordination with
19 the interagency working group established under section
20 1746 of the National Defense Authorization Act for Fiscal
21 Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note), pub-
22 lish and widely distribute a uniform set of policy guidelines
23 for Federal science agencies regarding foreign government
24 talent recruitment programs. These policy guidelines
25 shall—


       † HR 4521 EAS
                              264
1             (1) prohibit all personnel of each Federal science
2       agency, including Federal employees, contract em-
3       ployees, independent contractors, individuals serving
4       under the Intergovernmental Personnel Act of 1970
5       (42 U.S.C. 4701 et seq.), Visiting Scientist Engineer
6       and Educator appointments, and special government
7       employees, from participating in a foreign govern-
8       ment talent recruitment program;
9             (2) prohibit awards from being made for any
10      proposal in which the principal investigator, any in-
11      dividual listed on the application for the award with
12      direct involvement in the proposal, or co-principal in-
13      vestigator is participating in a foreign government
14      talent recruitment program of the People’s Republic
15      of China, the Democratic People’s Republic of Korea,
16      the Russian Federation, or the Islamic Republic of
17      Iran; and
18            (3) to the extent practicable, require institutions
19      receiving funding to prohibit awards from being used
20      by any individuals participating in a foreign govern-
21      ment talent recruitment program of the People’s Re-
22      public of China, the Democratic People’s Republic of
23      Korea, the Russian Federation, or the Islamic Repub-
24      lic of Iran.




     † HR 4521 EAS
                              265
 1       (b) PROHIBITION.—Not later than 1 year after the date
 2 of enactment of this division, each Federal science agency
 3 shall issue a policy, utilizing the policy guidelines developed
 4 under subsection (a).
 5       (c) EXEMPTION.—The policy developed under sub-
 6 section (b) may include an exemption for participation in
 7 international conferences or other international exchanges,
 8 partnerships, or programs, as sanctioned or approved by
 9 the Federal science agency. When such participation is au-
10 thorized, the Federal science agency shall ensure training
11 is provided to the participant on how to respond to over-
12 tures from individuals associated with foreign government
13 talent recruitment programs.
14       (d) REPORT.—Not later than 2 years after the date
15 of enactment of this division, each Federal science agency
16 shall report to Congress on the steps it has taken to imple-
17 ment this section.
18       (e) FOREIGN GOVERNMENT TALENT RECRUITMENT
19 PROGRAMS.—In addition to existing authorities for pre-
20 venting waste, fraud, abuse, and mismanagement of Federal
21 funds, each Federal science agency shall require, as a condi-
22 tion of an award, that the senior personnel designated by
23 the United States institution applying for Federal funding
24 submit foreign government talent recruitment program con-
25 tracts to the agency if the principal investigator or a co-


      † HR 4521 EAS
                               266
 1 principal investigator discloses membership in a foreign
 2 government talent recruitment program other than a pro-
 3 gram of the People’s Republic of China, the Democratic Peo-
 4 ple’s Republic of Korea, the Russian Federation, or the Is-
 5 lamic Republic of Iran. The United States institution, as
 6 the award applicant, shall ensure, to the maximum extent
 7 practicable, that the contract conforms with the Federal
 8 science agency’s guidance on conflicts of interest, including
 9 those contained in relevant contract proposal and award
10 policies and procedures. Each Federal science agency shall
11 review the contract and may prohibit funding to the award-
12 ee if the obligations in the contract interfere with the capac-
13 ity for activities receiving support to be carried out, or cre-
14 ate duplication with Federally supported activities.
15       (f) CONSISTENCY.—The Director of the Office of
16 Science and Technology Policy shall ensure that the policies
17 issued by Federal science agencies under subsection (b) are
18 consistent to the greatest extent practicable.
19       (g) DEFINITION.—For purposes of this section and sec-
20 tion 2304, the term ‘‘foreign government talent recruitment
21 program’’ has the meaning given the term ‘‘foreign govern-
22 ment-sponsored talent recruitment program’’ in National
23 Security     Presidential   Memorandum–33        (relating   to
24 strengthening protections of United States Government-sup-
25 ported research and development against foreign govern-


      † HR 4521 EAS
                                267
 1 ment interference and exploitation) or a successor policy
 2 document.
 3   SEC. 2304. ADDITIONAL REQUIREMENTS FOR DIRECTORATE

 4                    RESEARCH SECURITY.

 5       (a) INITIATIVE REQUIRED.—The Director shall, in
 6 consultation with other appropriate Federal agencies, estab-
 7 lish an initiative to work with institutions of higher edu-
 8 cation that perform research and technology development
 9 activities under the Directorate—
10             (1) to support protection of intellectual property,
11       consistent with the controls relevant to the grant or
12       award, key personnel, and information about critical
13       technologies relevant to national security;
14             (2) to limit undue influence, including through
15       foreign government talent recruitment programs, by
16       countries to exploit United States technology within
17       the Foundation research, science and technology, and
18       innovation enterprise, including research funded by
19       the Directorate; and
20             (3) to support efforts toward development of do-
21       mestic talent in relevant scientific and engineering
22       fields.
23       (b) COORDINATION.—The initiative established under
24 subsection (a) shall be developed and executed to the max-




      † HR 4521 EAS
                                 268
 1 imum extent practicable with academic research institu-
 2 tions and other educational and research organizations.
 3       (c) REQUIREMENTS.—The initiative established under
 4 subsection (a) shall include development of the following:
 5             (1) Training developed and delivered in con-
 6       sultation with institutions of higher education and
 7       appropriate Federal agencies, and other support to
 8       institutions of higher education, to promote security
 9       of controlled information, as appropriate, including
10       best practices for protection of controlled information.
11             (2) The capacity of institutions of higher edu-
12       cation to assess whether individuals affiliated with
13       Directorate programs have participated in or are cur-
14       rently participating in foreign government talent re-
15       cruitment program programs.
16             (3) Opportunities to collaborate with Directorate
17       awardees to promote protection of controlled informa-
18       tion as appropriate and strengthen defense against
19       foreign intelligence services.
20             (4) As appropriate, regulations and proce-
21       dures—
22                    (A) for government and academic organiza-
23             tions and personnel to support the goals of the
24             initiative; and




      † HR 4521 EAS
                                269
 1                    (B) that are consistent with policies that
 2             protect open and scientific exchange in funda-
 3             mental research.
 4             (5) Policies to limit or prohibit funding provided
 5       by the Foundation for individual researchers who
 6       knowingly violate regulations developed under the ini-
 7       tiative, including policies relating to foreign govern-
 8       ment talent recruitment programs.
 9             (6) Policies to limit or prohibit funding provided
10       by the Foundation for institutions that knowingly
11       violate regulations developed under the initiative, in-
12       cluding policies relating to foreign government talent
13       recruitment programs.
14       (d) DEPARTMENT OF DEFENSE EFFORTS.—In car-
15 rying out this section, the Foundation shall consider the
16 efforts undertaken by the Department of Defense to secure
17 defense research, including as provided under section 1286
18 of the John S. McCain National Defense Authorization Act
19 for Fiscal Year 2019 (10 U.S.C. 2358 note).
20       (e) ANNUAL REPORT.—
21             (1) IN GENERAL.—Not later than 1 year after
22       date of enactment of this division, and annually
23       thereafter, the Director, shall submit to Congress a re-
24       port on the activities carried out under the initiative
25       established under subsection (a).


      † HR 4521 EAS
                                 270
 1            (2) CONTENTS.—The report required by para-
 2      graph (1) shall include the following:
 3                   (A) A description of the activities conducted
 4            and the progress made under the initiative.
 5                   (B) The findings of the Director with re-
 6            spect to the initiative.
 7                   (C) Such recommendations as the Director
 8            may have for legislative or administrative action
 9            relating to the matters described in subsection
10            (a).
11                   (D) Identification and discussion of the
12            gaps in legal authorities that need to be im-
13            proved to enhance the security of research insti-
14            tutions of higher education performing Direc-
15            torate research.
16                   (E) Information on Foundation Inspector
17            General cases, as appropriate, relating to undue
18            influence to security threats to academic research
19            activities funded by the Foundation, including
20            theft of property or intellectual property relating
21            to a project funded by the Department at an in-
22            stitution of higher education.
23            (3) FORM.—The report submitted under para-
24      graph (1) shall be submitted in both unclassified and
25      classified formats, as appropriate.


     † HR 4521 EAS
                                 271
1    SEC. 2305. PROTECTING RESEARCH FROM CYBER THEFT.

2        (a) IMPROVING CYBERSECURITY OF INSTITUTIONS OF
 3 HIGHER EDUCATION.—Section 2(e)(1)(A) of the National
 4 Institute of Standards and Technology Act (15 U.S.C.
 5 272(e)(1)(A)) is amended—
 6             (1) in clause (viii), by striking ‘‘and’’ after the
 7       semicolon;
 8             (2) by redesignating clause (ix) as clause (x);
 9       and
10             (3) by inserting after clause (viii) the following:
11                         ‘‘(ix) consider institutions of higher
12                    education (as defined in section 101 of the
13                    Higher Education Act of 1965 (20 U.S.C.
14                    1001)); and’’.
15       (b) DISSEMINATION OF RESOURCES FOR RESEARCH
16 INSTITUTIONS.—
17             (1) IN GENERAL.—Not later than 90 days after
18       the date of enactment of this division, the Director
19       shall, using the authorities of the Director under sub-
20       section (e)(1)(A)(ix) of section 2 of the National Insti-
21       tute of Standards and Technology Act (15 U.S.C.
22       272), as amended by subsection (a), disseminate and
23       make publicly available resources to help research in-
24       stitutions and institutions of higher education iden-
25       tify, protect the institution involved from, detect, re-
26       spond to, and recover to manage the cybersecurity
      † HR 4521 EAS
                               272
1       risk of the institution involved related to conducting
2       research.
 3            (2) REQUIREMENTS.—The Director shall ensure
 4      that the resources disseminated pursuant to para-
 5      graph (1)—
 6                   (A) are generally applicable and usable by
 7            a wide range of research institutions and insti-
 8            tutions of higher education;
 9                   (B) vary with the nature and size of the im-
10            plementing research institutions or institutions
11            of higher education, and the nature and sensi-
12            tivity of the data collected or stored on the infor-
13            mation systems or devices of the implementing
14            research institutions or institutions of higher
15            education;
16                   (C) include elements that promote aware-
17            ness of simple, basic controls, a workplace cyber-
18            security culture, and third-party stakeholder re-
19            lationships, to assist research institutions or in-
20            stitutions of higher education in mitigating com-
21            mon cybersecurity risks;
22                   (D) include case studies of practical appli-
23            cation;




     † HR 4521 EAS
                               273
 1                   (E) are technology-neutral and can be im-
 2            plemented using technologies that are commercial
 3            and off-the-shelf; and
 4                   (F) to the extent practicable, are based on
 5            international standards.
 6            (3) NATIONAL CYBERSECURITY AWARENESS AND
 7      EDUCATION       PROGRAM.—The     Director shall ensure
 8      that the resources disseminated under paragraph (1)
 9      are consistent with the efforts of the Director under
10      section 303 of the Cybersecurity Enhancement Act of
11      2014 (15 U.S.C. 7443).
12            (4) UPDATES.—The Director shall review peri-
13      odically and update the resources under paragraph
14      (1) as the Director determines appropriate.
15            (5) VOLUNTARY RESOURCES.—The use of the re-
16      sources disseminated under paragraph (1) shall be
17      considered voluntary.
18            (6) OTHER FEDERAL CYBERSECURITY REQUIRE-
19      MENTS.—Nothing in this section may be construed to

20      supersede, alter, or otherwise affect any cybersecurity
21      requirements applicable to Federal agencies.
22      (c) DEFINITIONS.—In this section:
23            (1) DIRECTOR.—The term ‘‘Director’’ means the
24      Director of the National Institute of Standards and
25      Technology.


     † HR 4521 EAS
                                 274
 1             (2) RESOURCES.—The term ‘‘resources’’ means
 2       guidelines, tools, best practices, standards, methodolo-
 3       gies, and other ways of providing information.
 4             (3) RESEARCH       INSTITUTION.—The    term ‘‘re-
 5       search institution’’—
 6                    (A) means a nonprofit institution (as de-
 7             fined in section 4 of the Stevenson-Wydler Tech-
 8             nology Innovation Act of 1980 (15 U.S.C.
 9             3703)); and
10                    (B) includes Federally funded research and
11             development centers, as identified by the Na-
12             tional Science Foundation in accordance with
13             the Federal Acquisition Regulation issued in ac-
14             cordance with section 1303(a)(1) of title 41 (or
15             any successor regulation).
16   SEC. 2306. INTERNATIONAL STANDARDS DEVELOPMENT.

17       (a) FINDINGS.—Congress finds the following:
18             (1) Widespread use of standards facilitates tech-
19       nology advancement by defining and establishing
20       common foundations for interoperability, product dif-
21       ferentiation, technological innovation, and other
22       value-added services.
23             (2) Standards also promote an expanded, more
24       interoperable, and efficient marketplace.




      † HR 4521 EAS
                                275
1             (3) Global cooperation and coordination on
2       standards for emerging technologies will be critical for
3       having a consistent set of approaches to enable market
4       competition, preclude barriers to trade, and allow in-
5       novation to flourish.
6             (4) The People’s Republic of China’s Standard-
7       ization Reform Plan and Five-Year Plan for Stand-
8       ardization highlight its high-level goals to establish
9       China as a standards power by 2020, participate in
10      at least half of all standards drafting and revision ef-
11      forts in recognized international standards setting or-
12      ganizations, and strengthen China’s participation in
13      the governance of international standards setting or-
14      ganizations.
15            (5) As emerging technologies develop for global
16      deployment, it is critical that the United States and
17      its allies continue to participate in the development
18      of standards that underpin the technologies them-
19      selves, and the future international governance of
20      these technologies.
21            (6) The United States position on standardiza-
22      tion in emerging technologies will be critical to
23      United States economic competitiveness.
24            (7) The National Institute of Standards and
25      Technology is in a unique position to strengthen


     † HR 4521 EAS
                             276
 1      United States leadership in standards development,
 2      particularly for emerging technologies, to ensure con-
 3      tinuing United States economic competitiveness and
 4      national security.
 5      (b) SENSE OF CONGRESS.—It is the sense of Congress
 6 that—
 7            (1) the principles of openness, transparency, due
 8      process, and consensus in the development of inter-
 9      national standards are critical;
10            (2) voluntary consensus standards, developed
11      through an industry-led process, serve as the corner-
12      stone of the United States standardization system and
13      have become the basis of a sound national economy
14      and the key to global market access;
15            (3) strengthening the unique United States pub-
16      lic-private partnerships approach to standards devel-
17      opment is critical to United States economic competi-
18      tiveness; and
19            (4) the United States Government should ensure
20      cooperation and coordination across Federal agencies
21      to partner with and support private sector stake-
22      holders to continue to shape international dialogues
23      in regard to standards development for emerging tech-
24      nologies.




     † HR 4521 EAS
                              277
 1       (c) ACTIVITIES AND ENGAGEMENT.—The Secretary of
 2 Commerce, acting through the Director, and in consultation
 3 with the Secretary of Energy as relevant, shall—
 4             (1) build capacity and training opportunities to
 5       help create a pipeline of talent and leadership in key
 6       standards development positions;
 7             (2) partner with private sector entities to sup-
 8       port strategic engagement and leadership in the devel-
 9       opment of international standards for digital econ-
10       omy technologies, including partnering with industry
11       to assist private sector partners to develop standards
12       strategies and support engagement and participation
13       in the relevant standards activities; and
14             (3) prioritize efforts on standards development
15       for emerging technologies, identify organizations to
16       develop these standards, identify leadership positions
17       of interest to the United States, and identify key con-
18       tributors for technical and leadership expertise in
19       these areas.
20   SEC. 2307. RESEARCH FUNDS ACCOUNTING.

21       (a) DEFINITIONS.—In this section:
22             (1) FOREIGN ENTITY OF CONCERN.—The term
23       ‘‘foreign entity of concern’’ means a foreign entity
24       that is—




      † HR 4521 EAS
                                   278
1                    (A) designated as a foreign terrorist organi-
2             zation by the Secretary of State under section
3             219(a) of the Immigration and Nationality Act
4             (8 U.S.C. 1189(a));
5                    (B) included on the list of specially des-
6             ignated nationals and blocked persons main-
7             tained by the Office of Foreign Assets Control of
8             the Department of the Treasury (commonly
9             known as the SDN list);
10                   (C) owned by, controlled by, or subject to
11            the jurisdiction or direction of a government of
12            a foreign country that is a covered nation (as de-
13            fined in section 2533c(d) of title 10, United
14            States Code);
15                   (D) alleged by the Attorney General to have
16            been involved in activities for which a conviction
17            was obtained under—
18                           (i) chapter 37 of title 18, United States
19                   Code (commonly known as the Espionage
20                   Act);
21                           (ii) section 951 or 1030 of title 18,
22                   United States Code;
23                           (iii) chapter 90 of title 18, United
24                   States Code (commonly known as the Eco-
25                   nomic Espionage Act of 1996);


     † HR 4521 EAS
                                 279
 1                         (iv) the Arms Export Control Act (22
 2                    U.S.C. 2751 et seq.);
 3                         (v) section 224, 225, 226, 227, or 236
 4                    of the Atomic Energy Act of 1954 (42
 5                    U.S.C. 2274, 2275, 2276, 2277, and 2284);
 6                         (vi) the Export Control Reform Act of
 7                    2018 (50 U.S.C. 4801 et seq.); or
 8                         (vii) the International Emergency Eco-
 9                    nomic Powers Act (50 U.S.C. 1701 et seq.);
10                    or
11                    (E) determined by the Secretary of Com-
12             merce, in consultation with the Secretary of De-
13             fense and the Director of National Intelligence,
14             to be engaged in unauthorized conduct that is
15             detrimental to the national security or foreign
16             policy of the United States.
17             (2) STUDY PERIOD.—The term ‘‘study period’’
18       means the 5-year period ending on the date of enact-
19       ment of this Act.
20       (b) STUDY.—The Comptroller General of the United
21 States shall conduct a study on Federal funding made
22 available, to foreign entities of concern for research, during
23 the study period.




      † HR 4521 EAS
                               280
 1       (c) MATTERS TO BE INCLUDED.—The study conducted
 2 under subsection (b) shall include, to the extent practicable
 3 with respect to the study period, an assessment of—
 4             (1) the total amount of Federal funding made
 5       available to foreign entities of concern for research;
 6             (2) the total number and types of foreign entities
 7       of concern to whom such funding was made available;
 8             (3) the requirements relating to the awarding,
 9       tracking, and monitoring of such funding;
10             (4) any other data available with respect to Fed-
11       eral funding made available to foreign entities of con-
12       cern for research; and
13             (5) such other matters as the Comptroller Gen-
14       eral determines appropriate.
15       (d) BRIEFING ON AVAILABLE DATA.—Not later than
16 120 days after the date of the enactment of this division,
17 the Comptroller General shall brief the Committee on Com-
18 merce, Science, and Transportation and the Committee on
19 Foreign Relations of the Senate and the Committee on
20 Science, Space, and Technology and the Committee on For-
21 eign Affairs of the House of Representatives on the study
22 conducted under subsection (b) and on the data that is
23 available with respect to Federal funding made available
24 to foreign entities of concern for research.




      † HR 4521 EAS
                               281
 1       (e) REPORT.—The Comptroller General shall submit
 2 to the congressional committees specified in subsection (d),
 3 by a date agreed upon by the Comptroller General and the
 4 committees on the date of the briefing, a report on the find-
 5 ings of the study conducted under subsection (b).
 6   SEC. 2308. PLAN WITH RESPECT TO SENSITIVE OR CON-

 7                    TROLLED INFORMATION AND BACKGROUND

 8                    SCREENING.

 9       Not later than 180 days after the enactment of this
10 division, the Director, in consultation with the Director of
11 National Intelligence and, as appropriate, other Federal
12 agencies, shall develop a plan to—
13             (1) identify research areas that may include sen-
14       sitive or controlled information, including in the key
15       technology focus areas; and
16             (2) provide for background screening, as appro-
17       priate, for individuals working in such research areas
18       who are employees of the Foundation or recipients of
19       funding from the Foundation.
20            TITLE IV—REGIONAL
21           INNOVATION CAPACITY
22   SEC. 2401. REGIONAL TECHNOLOGY HUBS.

23       (a) IN GENERAL.—The Stevenson-Wydler Technology
24 Innovation Act of 1980 (Public Law 96–480; 15 U.S.C.
25 3701 et seq.) is amended—


      † HR 4521 EAS
                                 282
 1             (1) by redesignating section 28 as section 29;
 2       and
 3             (2) by inserting after section 27 the following:
 4   ‘‘SEC. 28. REGIONAL TECHNOLOGY HUB PROGRAM.

 5       ‘‘(a) DEFINITIONS.—In this section:
 6             ‘‘(1)    APPROPRIATE     COMMITTEES      OF   CON-

 7       GRESS.—The        term ‘appropriate committees of Con-
 8       gress’ means—
 9                     ‘‘(A) the Committee on Commerce, Science,
10             and Transportation, the Committee on Environ-
11             ment and Public Works, and the Committee on
12             Appropriations of the Senate; and
13                     ‘‘(B) the Committee on Science, Space, and
14             Technology, the Committee on Transportation
15             and Infrastructure, and the Committee on Ap-
16             propriations of the House of Representatives.
17             ‘‘(2) COOPERATIVE EXTENSION.—The term ‘coop-
18       erative extension’ has the meaning given the term ‘ex-
19       tension’ in section 1404 of the Food and Agriculture
20       Act of 1977 (7 U.S.C. 3103).
21             ‘‘(3) KEY TECHNOLOGY FOCUS AREAS.—The term
22       ‘key technology focus areas’ means the areas included
23       on the most recent list under section 2005 of the End-
24       less Frontier Act.




      † HR 4521 EAS
                              283
 1            ‘‘(4) LABOR ORGANIZATION.—The term ‘labor or-
 2      ganization’ has the meaning given such term in sec-
 3      tion 2101 of the Endless Frontier Act.
 4            ‘‘(5) LOW POPULATION STATE.—The term ‘low
 5      population State’ means a State without an urban-
 6      ized area with a population greater than 200,000 as
 7      reported in the 2010 decennial census.
 8            ‘‘(6) MANUFACTURING EXTENSION CENTER.—The
 9      term ‘manufacturing extension center’ has the mean-
10      ing given the term ‘Center’ in section 25(a) of the Na-
11      tional Institute of Standards and Technology Act (15
12      U.S.C. 278k(a)).
13            ‘‘(7) MANUFACTURING       USA   INSTITUTE.—The

14      term ‘Manufacturing USA institute’ means an Manu-
15      facturing USA institute described in section 34(d) of
16      the National Institute of Standards and Technology
17      Act (15 U.S.C. 278s(d)).
18            ‘‘(8) SITE    CONNECTIVITY    INFRASTRUCTURE.—

19      The term ‘site connectivity infrastructure’ means lo-
20      calized driveways and access roads to a facility as
21      well as hookups to the new facility for drinking
22      water, waste water, broadband, and other basic infra-
23      structure services already present in the area.
24            ‘‘(9) SMALL    AND    RURAL   COMMUNITIES.—The

25      term ‘small and rural community’ means a noncore


     † HR 4521 EAS
                                284
 1      area, a micropolitan area, or a small metropolitan
 2      statistical area with a population of not more than
 3      200,000.
 4            ‘‘(10) VENTURE DEVELOPMENT ORGANIZATION.—
 5      The term ‘venture development organization’ has the
 6      meaning given such term in section 27(a) of the Ste-
 7      venson-Wydler Act of 1980 (15 U.S.C. 3722(a)).
 8      ‘‘(b) REGIONAL TECHNOLOGY HUB PROGRAM.—
 9            ‘‘(1) IN GENERAL.—Subject to the availability of
10      appropriations, the Secretary shall carry out a pro-
11      gram—
12                   ‘‘(A) to encourage new and constructive col-
13            laboration among local, State, and Federal gov-
14            ernment entities, academia, the private sector,
15            economic development organizations, and labor
16            organizations;
17                   ‘‘(B) to support eligible consortia in the cre-
18            ation of regional innovation strategies;
19                   ‘‘(C) to designate eligible consortia as re-
20            gional technology hubs and facilitate activities
21            by consortia designated as regional technology
22            hubs in implementing their regional innovation
23            strategies, in order—




     † HR 4521 EAS
                               285
 1                       ‘‘(i) to enable United States leadership
 2                   in technology and innovation sectors crit-
 3                   ical to national and economic security;
 4                       ‘‘(ii) to support regional economic de-
 5                   velopment, including in small cities and
 6                   rural areas, and diffuse innovation around
 7                   the United States; and
 8                       ‘‘(iii) to support domestic job creation
 9                   and broad-based economic growth; and
10                   ‘‘(D) to ensure that the regional technology
11            hubs address the intersection of emerging tech-
12            nologies and either local and regional challenges
13            or national challenges; and
14                   ‘‘(E) to conduct ongoing research, evalua-
15            tion, analysis, and dissemination of best prac-
16            tices for regional development and competitive-
17            ness in technology and innovation.
18            ‘‘(2) AWARDS.—The Secretary shall carry out
19      the program required by paragraph (1) through the
20      award of the following:
21                   ‘‘(A) Strategy development grants or cooper-
22            ative agreements to eligible consortia under sub-
23            section (e).




     † HR 4521 EAS
                                  286
 1                     ‘‘(B) Strategy implementation grants or co-
 2             operative agreements to regional technology hubs
 3             under subsection (f).
 4             ‘‘(3)    ADMINISTRATION.—The         Secretary    shall
 5       carry out this section through the Assistant Secretary
 6       of Commerce for Economic Development in coordina-
 7       tion with the Under Secretary of Commerce for
 8       Standards and Technology.
 9       ‘‘(c) ELIGIBLE CONSORTIA.—For purposes of this sec-
10 tion, an eligible consortium is a consortium that—
11             ‘‘(1) includes 1 or more—
12                     ‘‘(A) institutions of higher education;
13                     ‘‘(B) local or Tribal governments or other
14             political subdivisions of a State;
15                     ‘‘(C) State governments represented by an
16             agency designated by the governor of the State or
17             States that is representative of the geographic
18             area served by the consortia;
19                     ‘‘(D) economic development organizations or
20             similar entities that are focused primarily on
21             improving science, technology, innovation, or en-
22             trepreneurship;
23                     ‘‘(E) industry or firms in relevant tech-
24             nology or innovation sectors;




      † HR 4521 EAS
                                287
1                    ‘‘(F) labor organizations or workforce train-
2             ing organizations, including State and local
3             workforce development boards as established
4             under section 101 and 107 of the Workforce In-
5             vestment and Opportunity Act (29 U.S.C. 3111;
6             3122); and
7             ‘‘(2) may include 1 or more—
8                    ‘‘(A) nonprofit economic development enti-
9             ties with relevant expertise, including a district
10            organization (as defined in section 300.3 of title
11            13, Code of Federal Regulations, or successor reg-
12            ulation);
13                   ‘‘(B) venture development organizations;
14                   ‘‘(C) financial institutions and investment
15            funds;
16                   ‘‘(D) primary and secondary educational
17            institutions, including career and technical edu-
18            cation schools;
19                   ‘‘(E) National Laboratories (as defined in
20            section 2 of the Energy Policy Act of 2005 (42
21            U.S.C. 15801));
22                   ‘‘(F) Federal laboratories;
23                   ‘‘(G) Manufacturing extension centers;
24                   ‘‘(H) Manufacturing USA institutes;




     † HR 4521 EAS
                                   288
1                       ‘‘(I) institutions receiving an award under
2               section 2104 of the Endless Frontier Act; and
3                       ‘‘(J) a cooperative extension.
4       ‘‘(d)     DESIGNATION        OF    REGIONAL      TECHNOLOGY
5 HUBS.—
6               ‘‘(1) IN GENERAL.—In carrying out subsection
7       (b)(1)(C), the Secretary shall use a competitive proc-
8       ess to designate eligible consortia as regional tech-
9       nology hubs.
10              ‘‘(2)     GEOGRAPHIC       DISTRIBUTION.—In       con-
11      ducting the competitive process under paragraph (1),
12      the Secretary shall ensure geographic distribution in
13      the designation of regional technology hubs by—
14                      ‘‘(A) seeking to designate at least three tech-
15              nology hubs in each region covered by a regional
16              office of the Economic Development Administra-
17              tion;
18                      ‘‘(B) focusing on localities that are not lead-
19              ing technology centers;
20                      ‘‘(C) ensuring that not fewer than one-third
21              of eligible consortia designated as regional tech-
22              nology hubs significantly benefit a small and
23              rural community, which may include a State de-
24              scribed in subparagraph (D);




     † HR 4521 EAS
                                 289
 1                    ‘‘(D) ensuring that not fewer than one-third
 2             of eligible consortia designated as regional tech-
 3             nology hubs include as a member of the eligible
 4             consortia at least 1 member that is a State that
 5             is eligible to receive funding from the Established
 6             Program to Stimulate Competitive Research of
 7             the National Science Foundation; and
 8                    ‘‘(E) ensuring that at least one eligible con-
 9             sortium designated as a regional technology hub
10             is headquartered in a low population State that
11             is eligible to receive funding from the Established
12             Program to Stimulate Competitive Research of
13             the National Science Foundation.
14             ‘‘(3) RELATION TO CERTAIN GRANT AWARDS.—
15       The Secretary shall not require an eligible consortium
16       to receive a grant or cooperative agreement under
17       subsection (e) in order to be designated as a regional
18       technology hub under paragraph (1) of this sub-
19       section.
20       ‘‘(e) STRATEGY DEVELOPMENT GRANTS AND COOPER-
21   ATIVE AGREEMENTS.—

22             ‘‘(1) IN GENERAL.—The Secretary shall use a
23       competitive process to award grants or cooperative
24       agreements to eligible consortia for the development of
25       regional innovation strategies.


      † HR 4521 EAS
                                290
 1            ‘‘(2) NUMBER OF RECIPIENTS.—The Secretary
 2      shall award a grant or cooperative agreement under
 3      paragraph (1) to not fewer than 20 eligible consortia.
 4            ‘‘(3) GEOGRAPHIC DIVERSITY AND REPRESENTA-
 5      TION.—

6                    ‘‘(A) IN   GENERAL.—The       Secretary shall
7             carry out paragraph (1) in a manner that en-
8             sures geographic diversity and representation
9             from communities of differing populations.
10                   ‘‘(B) AWARDS TO SMALL AND RURAL COM-
11            MUNITIES.—In carrying out paragraph (1), the

12            Secretary shall—
13                        ‘‘(i) award not fewer than one-third of
14                   the grants and cooperative agreements
15                   under such paragraph to eligible consortia
16                   that significantly benefit a small and rural
17                   community, which may include a State de-
18                   scribed in clause (ii); and
19                        ‘‘(ii) award not fewer than one-third of
20                   the grants and cooperative agreements
21                   under such paragraph to eligible consortia
22                   that include as a member of the eligible con-
23                   sortia at least 1 member that is a State that
24                   is eligible to receive funding from the Estab-
25                   lished Program to Stimulate Competitive


     † HR 4521 EAS
                               291
 1                   Research of the National Science Founda-
 2                   tion.
 3            ‘‘(4) USE OF FUNDS.—The amount of a grant or
 4      cooperative agreement awarded under paragraph (1)
 5      shall be as follows:
 6                   ‘‘(A) To coordinate locally defined planning
 7            processes, across jurisdictions and agencies, re-
 8            lating to developing a comprehensive regional
 9            technology strategy.
10                   ‘‘(B) To identify regional partnerships for
11            developing and implementing a comprehensive
12            regional technology strategy.
13                   ‘‘(C) To conduct or update assessments to
14            determine regional needs.
15                   ‘‘(D) To develop or update goals and strate-
16            gies to implement an existing comprehensive re-
17            gional plan.
18                   ‘‘(E) To identify or implement local zoning
19            and other code changes necessary to implement a
20            comprehensive regional technology strategy.
21            ‘‘(5) FEDERAL SHARE.—The Federal share of the
22      cost of an effort carried out using a grant or coopera-
23      tive agreement awarded under this subsection may
24      not exceed 80 percent—




     † HR 4521 EAS
                                 292
 1                    ‘‘(A) where in-kind contributions may be
 2             used for all or part of the non-Federal share, but
 3             Federal funding from other Government sources
 4             may not count towards the non-Federal share;
 5                    ‘‘(B) except in the case of an eligible consor-
 6             tium that represents all or part of a small and
 7             rural community, the Federal share may be up
 8             to 90 percent of the total cost, subject to subpara-
 9             graph (A); and
10                    ‘‘(C) except in the case of an eligible consor-
11             tium that is led by a Tribal government, the
12             Federal share may be up to 100 percent of the
13             total cost of the project.
14       ‘‘(f) STRATEGY IMPLEMENTATION GRANTS AND COOP-
15   ERATIVE AGREEMENTS.—

16             ‘‘(1) IN GENERAL.—The Secretary shall use a
17       competitive process to award grants or cooperative
18       agreements to regional technology hubs for the imple-
19       mentation of regional innovation strategies, including
20       regional strategies for infrastructure and site develop-
21       ment, in support of the regional technology hub’s
22       plans and programs.
23             ‘‘(2) USE OF FUNDS.—The amount of a grant or
24       cooperative agreement awarded under subparagraph
25       (A) to a regional technology hub may be used by the


      † HR 4521 EAS
                                  293
 1      regional technology hub to support any of the fol-
 2      lowing activities, consistent with the most current re-
 3      gional innovation strategy of the regional technology
 4      hub:
 5                   ‘‘(A) WORKFORCE      DEVELOPMENT      ACTIVI-

6              TIES.—Workforce development activities, includ-

7              ing activities relating to the following:
8                        ‘‘(i) The creation of partnerships be-
9                    tween industry, workforce, and academic
10                   groups, which may include community col-
11                   leges, to create and align technical training
12                   and educational programs.
13                       ‘‘(ii) The design, development, and up-
14                   dating of educational and training cur-
15                   riculum.
16                       ‘‘(iii) The procurement of facilities and
17                   equipment, as required to train a technical
18                   workforce.
19                       ‘‘(iv) The development and execution of
20                   programs to rapidly award certificates or
21                   credentials recognized by regional industry
22                   groups.
23                       ‘‘(v) The matching of regional employ-
24                   ers with a potential new entrant, under-
25                   employed, or incumbent workforce.


     † HR 4521 EAS
                                 294
 1                        ‘‘(vi) The expansion of successful train-
 2                   ing programs at a scale required by the re-
 3                   gion served by the regional technology hub,
 4                   including through the use of online edu-
 5                   cation.
 6                   ‘‘(B) BUSINESS AND ENTREPRENEUR DE-
 7            VELOPMENT        ACTIVITIES.—Business     and entre-
 8            preneur development activities, including activi-
 9            ties relating to the following:
10                        ‘‘(i) The development and growth of re-
11                   gional businesses and the training of entre-
12                   preneurs.
13                        ‘‘(ii) The support of technology com-
14                   mercialization, including funding for ac-
15                   tivities relevant to the protection of intellec-
16                   tual property.
17                        ‘‘(iii) The development of networks for
18                   business and entrepreneur mentorship.
19                   ‘‘(C) TECHNOLOGY        MATURATION      ACTIVI-

20            TIES.—Technology maturation activities, includ-

21            ing activities relating to the following:
22                        ‘‘(i) The development and deployment
23                   of technologies in sectors critical to the re-
24                   gion served by the regional technology hub
25                   or to national and economic security, in-


     † HR 4521 EAS
                                   295
 1                   cluding proof of concept, prototype develop-
 2                   ment, and testing.
 3                           ‘‘(ii) The provision of facilities for
 4                   technology maturation, including incuba-
 5                   tors for collaborative development of tech-
 6                   nologies by private sector, academic, and
 7                   other entities.
 8                           ‘‘(iii) Activities to ensure access to cap-
 9                   ital for new business formation and busi-
10                   ness expansion, including by attracting new
11                   private, public, and philanthropic invest-
12                   ment and by establishing regional venture
13                   and loan funds.
14                           ‘‘(iv) Activities determined appropriate
15                   by the Secretary under section 27(c)(2) of
16                   this Act.
17                   ‘‘(D) INFRASTRUCTURE-RELATED               ACTIVI-

18            TIES.—The          building   of   facilities   and   site
19            connectivity infrastructure necessary to carry
20            out activities described in subparagraphs (A),
21            (B), and (C), including activities relating to the
22            following:
23                           ‘‘(i) Establishing a workforce training
24                   center with required tools and instrumenta-
25                   tion.


     † HR 4521 EAS
                                296
 1                        ‘‘(ii) Establishing a facility for tech-
 2                   nology development, demonstration, and
 3                   testing.
 4                        ‘‘(iii) Establishing collaborative incu-
 5                   bators to support technology commercializa-
 6                   tion and entrepreneur training.
 7            ‘‘(3) LIMITATION ON AMOUNT OF AWARDS.—The
 8      Secretary shall ensure that no single regional tech-
 9      nology hub receives more than 10 percent of the aggre-
10      gate amount of the grants and cooperative agreements
11      awarded under this subsection.
12            ‘‘(4) TERM.—
13                   ‘‘(A) IN GENERAL.—The term of a grant or
14            cooperative agreement awarded under this sub-
15            section shall be for such period as the Secretary
16            considers appropriate.
17                   ‘‘(B) RENEWAL.—The Secretary may renew
18            a grant or cooperative agreement awarded to a
19            regional technology hub under this subsection as
20            the Secretary considers appropriate if the Sec-
21            retary determines that the performance of the re-
22            gional technology hub is satisfactory.
23            ‘‘(5) MATCHING REQUIRED.—
24                   ‘‘(A) IN GENERAL.—Except in the case of a
25            regional technology hub described in subpara-


     † HR 4521 EAS
                                297
 1            graph (B), the total amount of all grants award-
 2            ed to a regional technology hub under this sub-
 3            section in a given year shall not exceed amounts
 4            as follows:
 5                        ‘‘(i) In the first year of the grant or co-
 6                   operative agreement, 90 percent of the total
 7                   operating costs of the regional technology
 8                   hub in that year.
 9                        ‘‘(ii) In the second year of the grant or
10                   cooperative agreement, 85 percent of the
11                   total operating costs of the regional tech-
12                   nology hub in that year.
13                        ‘‘(iii) In the third year of the grant or
14                   cooperative agreement, 80 percent of the
15                   total operating costs of the regional tech-
16                   nology hub in that year.
17                        ‘‘(iv) In the fourth year of the grant or
18                   cooperative agreement and each year there-
19                   after, 75 percent of the total operating costs
20                   of the regional technology hub in that year.
21                   ‘‘(B) SMALL AND RURAL COMMUNITIES AND
22            INDIAN TRIBES.—

23                        ‘‘(i) IN GENERAL.—The total Federal
24                   financial assistance awarded in a given
25                   year to a regional technology hub under this


     † HR 4521 EAS
                                      298
 1                    subsection shall not exceed amounts as fol-
 2                    lows:
 3                                 ‘‘(I) In the case of a regional tech-
 4                            nology hub that represents a small and
 5                            rural community, in a fiscal year, 90
 6                            percent of the total funding of the re-
 7                            gional technology hub in that fiscal
 8                            year.
 9                                 ‘‘(II) In the case of an regional
10                            technology hub that is led by a Tribal
11                            government, in a fiscal year, 100 per-
12                            cent of the total funding of the regional
13                            technology hub in that fiscal year.
14                            ‘‘(ii) MINIMUM THRESHOLD OF RURAL
15                    REPRESENTATION.—For          purposes of clause
16                    (i)(I), the Secretary shall establish a min-
17                    imum threshold of rural representation in
18                    the regional technology hub.
19                    ‘‘(C) IN-KIND         CONTRIBUTIONS.—For      pur-
20            poses of this paragraph, in-kind contributions
21            may be used for part of the non-Federal share of
22            the total funding of a regional technology hub in
23            a fiscal year.
24            ‘‘(6)     GRANTS         FOR    INFRASTRUCTURE.—Any

25      grant or cooperative agreement awarded under this


     † HR 4521 EAS
                              299
 1       subsection to support the construction of facilities and
 2       site connectivity infrastructure shall be awarded pur-
 3       suant to section 201 of the Public Works and Eco-
 4       nomic Development Act of 1965 (42 U.S.C. 3141) and
 5       subject to the provisions of such Act, except that sub-
 6       section (b) of such section and sections 204 and 301
 7       of such Act (42 U.S.C. 3144, 3161) shall not apply.
 8             ‘‘(7) RELATION TO CERTAIN GRANT AWARDS.—
 9       The Secretary shall not require a regional technology
10       hub to receive a grant or cooperative agreement under
11       subsection (e) in order to receive a grant or coopera-
12       tive agreement under this subsection.
13       ‘‘(g) APPLICATIONS.—An eligible consortium seeking
14 designation as a regional technology hub under subsection
15 (d) or a grant or cooperative agreement under subsection
16 (e) or (f) shall submit to the Secretary an application there-
17 for at such time, in such manner, and containing such in-
18 formation as the Secretary may specify.
19       ‘‘(h) CONSIDERATIONS FOR DESIGNATION AND AWARD
20   OF STRATEGY DEVELOPMENT GRANTS AND COOPERATIVE

21 AGREEMENTS.—In selecting an eligible consortium that
22 submitted an application under subsection (g) for designa-
23 tion under subsection (d) or for a grant or cooperative
24 agreement under subsection (f), the Secretary shall consider,
25 at a minimum, the following:


      † HR 4521 EAS
                             300
1             ‘‘(1) The potential of the eligible consortium to
2       advance the research, development, deployment, and
3       domestic manufacturing of technologies in a key tech-
4       nology focus area or other technology or innovation
5       sector critical to national and economic security.
6             ‘‘(2) The likelihood of positive regional economic
7       effect, including increasing the number of high wage
8       domestic jobs, and creating new economic opportuni-
9       ties for economically disadvantaged and underrep-
10      resented populations.
11            ‘‘(3) How the eligible consortium plans to inte-
12      grate with and leverage the resources of 1 or more fed-
13      erally funded research and development centers, Na-
14      tional Laboratories, Federal laboratories, Manufac-
15      turing USA institutes, Hollings Manufacturing Ex-
16      tension Partnership centers, university technology
17      centers established under section 2104 of the Endless
18      Frontier Act, the program established under section
19      2107 of the such Act, test beds established and oper-
20      ated under section 2108 of such Act, or other Federal
21      research entities.
22            ‘‘(4) How the eligible consortium will engage
23      with the private sector, including small- and me-
24      dium-sized businesses to commercialize new tech-
25      nologies and improve the resiliency of domestic sup-


     † HR 4521 EAS
                             301
 1      ply chains in a key technology focus area or other
 2      technology or innovation sector critical to national
 3      and economic security.
 4            ‘‘(5) How the eligible consortium will carry out
 5      workforce development and skills acquisition pro-
 6      gramming, including through partnerships with enti-
 7      ties that include State and local workforce develop-
 8      ment boards, institutions of higher education, includ-
 9      ing community colleges, historically Black colleges
10      and universities, Tribal colleges and universities, and
11      minority serving institutions, labor organizations,
12      and workforce development programs, and other re-
13      lated activities authorized by the Secretary, to sup-
14      port the development of a key technology focus area
15      or other technology or innovation sector critical to na-
16      tional and economic security.
17            ‘‘(6) How the eligible consortium will improve
18      science, technology, engineering, and mathematics
19      education programs in the identified region in ele-
20      mentary and secondary school and higher education
21      institutions located in the identified region to support
22      the development of a key technology focus area or
23      other technology or innovation sector critical to na-
24      tional and economic security.




     † HR 4521 EAS
                               302
1             ‘‘(7) How the eligible consortium plans to de-
2       velop partnerships with venture development organi-
3       zations and sources of private investment in support
4       of private sector activity, including launching new or
5       expanding existing companies, in a key technology
6       focus area or other technology or innovation sector
7       critical to national and economic security.
8             ‘‘(8) How the eligible consortium plans to orga-
9       nize the activities of regional partners across sectors
10      in support of a regional technology hub.
11            ‘‘(9) How the eligible consortium will ensure that
12      growth in technology and innovation sectors produces
13      broadly shared opportunity across the identified re-
14      gion, including for economic disadvantaged and
15      underrepresented populations and rural areas.
16            ‘‘(10) The likelihood efforts served by the consor-
17      tium will be sustained once Federal support ends.
18            ‘‘(11) How the eligible consortium will—
19                   ‘‘(A) enhance the economic, environmental,
20            and energy security of the United States by pro-
21            moting domestic development, manufacture, and
22            deployment of innovative clean technologies and
23            advanced manufacturing practices; and
24                   ‘‘(B) support translational research, tech-
25            nology development, manufacturing innovation,


     † HR 4521 EAS
                              303
 1            and commercialization activities relating to
 2            clean technology.
3       ‘‘(i) COORDINATION AND COLLABORATION.—
 4            ‘‘(1) COORDINATION WITH REGIONAL INNOVATION
 5      PROGRAM.—The      Secretary shall work to ensure the
 6      activities under this section do not duplicate activi-
 7      ties or efforts under section 27, as the Secretary con-
 8      siders appropriate.
 9            ‘‘(2) COORDINATION WITH PROGRAMS OF THE
10      NATIONAL     INSTITUTE    OF   STANDARDS   AND   TECH-

11      NOLOGY.—The Secretary shall coordinate the activi-

12      ties of regional technology hubs designated under this
13      section, the Hollings Manufacturing Extension Part-
14      nership, and the Manufacturing USA Program, as
15      the Secretary considers appropriate, to maintain the
16      effectiveness of a manufacturing extension center or a
17      Manufacturing USA institute.
18            ‘‘(3) COORDINATION WITH DEPARTMENT OF EN-
19      ERGY PROGRAMS.—The Secretary shall, in collabora-

20      tion with the Secretary of Energy, coordinate the ac-
21      tivities and selection of regional technology hubs des-
22      ignated under this section, as the Secretaries consider
23      appropriate, to maintain the effectiveness of activities
24      at the Department of Energy and the National Lab-
25      oratories.


     † HR 4521 EAS
                                 304
 1             ‘‘(4) INTERAGENCY COLLABORATION.—In desig-
 2       nating regional technology hubs under subsection (d)
 3       and awarding grants or cooperative agreements under
 4       subsection (f), the Secretary—
 5                    ‘‘(A) shall collaborate, to the extent possible,
 6             with the interagency working group established
 7             under section 2004 of the Endless Frontier Act;
 8                    ‘‘(B) shall collaborate with Federal depart-
 9             ments and agencies whose missions contribute to
10             the goals of the regional technology hub;
11                    ‘‘(C) shall consult with the Director of the
12             National Science Foundation for the purpose of
13             ensuring that the regional technology hubs are
14             aligned with relevant science, technology, and en-
15             gineering expertise; and
16                    ‘‘(D) may accept funds from other Federal
17             agencies to support grants, cooperative agree-
18             ments, and activities under this section.
19       ‘‘(j) PERFORMANCE MEASUREMENT, TRANSPARENCY,
20   AND ACCOUNTABILITY.—

21             ‘‘(1) METRICS, STANDARDS, AND ASSESSMENT.—
22       For each grant and cooperative agreement awarded
23       under subsection (f) for a regional technology hub, the
24       Secretary shall—




      † HR 4521 EAS
                               305
 1                   ‘‘(A) develop metrics, which may include
 2            metrics relating to domestic job creation, patent
 3            awards, and business formation and expansion,
 4            to assess the effectiveness of the activities funded
 5            in making progress toward the purposes set forth
 6            under subsection (b)(1);
 7                   ‘‘(B) establish standards for the perform-
 8            ance of the regional technology hub that are
 9            based on the metrics developed under subpara-
10            graph (A); and
11                   ‘‘(C) 4 years after the initial award under
12            subsection (f) and every 2 years thereafter until
13            Federal financial assistance under this section
14            for the regional technology hub is discontinued,
15            conduct an assessment of the regional technology
16            hub to confirm whether the performance of the
17            regional technology hub is meeting the standards
18            for performance established under subparagraph
19            (B) of this paragraph.
20            ‘‘(2) FINAL REPORTS BY RECIPIENTS OF STRAT-
21      EGY    IMPLEMENTATION        GRANTS   AND   COOPERATIVE

22      AGREEMENTS.—

23                   ‘‘(A) IN GENERAL.—The Secretary shall re-
24            quire each eligible consortium that receives a
25            grant or cooperative agreement under subsection


     † HR 4521 EAS
                                  306
1             (f) for activities of a regional technology hub, as
2             a condition of receipt of such grant or coopera-
3             tive agreement, to submit to the Secretary, not
4             later than 120 days after the last day of the term
5             of the grant or cooperative agreement, a report
6             on the activities of the regional technology hub
7             supported by the grant or cooperative agreement.
 8                   ‘‘(B) CONTENTS OF REPORT.—Each report
 9            submitted by an eligible consortium under sub-
10            paragraph (A) shall include the following:
11                        ‘‘(i) A detailed description of the ac-
12                   tivities carried out by the regional tech-
13                   nology hub using the grant or cooperative
14                   agreement described in subparagraph (A),
15                   including the following:
16                             ‘‘(I) A description of each project
17                        the regional technology hub completed
18                        using such grant or cooperative agree-
19                        ment.
20                             ‘‘(II) An explanation of how each
21                        project   described   in   subclause   (I)
22                        achieves a specific goal under this sec-
23                        tion in the region of the regional tech-
24                        nology hub with respect to—




     † HR 4521 EAS
                                307
 1                                    ‘‘(aa) the resiliency of a sup-
 2                             ply chain;
 3                                    ‘‘(bb) research, development,
 4                             and deployment of a critical tech-
 5                             nology;
 6                                    ‘‘(cc) workforce training and
 7                             development;
 8                                    ‘‘(dd) domestic job creation;
 9                             or
10                                    ‘‘(ee) entrepreneurship.
11                        ‘‘(ii) A discussion of any obstacles en-
12                   countered by the regional technology hub in
13                   the implementation of the regional tech-
14                   nology hub and how the regional technology
15                   hub overcame those obstacles.
16                        ‘‘(iii) An evaluation of the success of
17                   the projects of the regional technology hub
18                   using the performance standards and meas-
19                   ures established under paragraph (1), in-
20                   cluding an evaluation of the planning proc-
21                   ess and how the project contributes to car-
22                   rying out the regional innovation strategy
23                   of the regional technology hub.
24                        ‘‘(iv) The effectiveness of the regional
25                   technology hub in ensuring that, in the re-


     † HR 4521 EAS
                                308
 1                    gion of the regional technology hub, growth
 2                    in technology and innovation sectors pro-
 3                    duces broadly shared opportunity across the
 4                    region, including for economic disadvan-
 5                    taged and underrepresented populations
 6                    and rural areas.
 7                        ‘‘(v) Information regarding such other
 8                    matters as the Secretary may require.
 9             ‘‘(3) INTERIM     REPORTS    BY   RECIPIENTS     OF

10       GRANTS AND COOPERATIVE AGREEMENTS.—In                addi-
11       tion to requiring submittal of final reports under
12       paragraph (2)(A), the Secretary may require a re-
13       gional technology hub described in such paragraph to
14       submit to the Secretary such interim reports as the
15       Secretary considers appropriate.
16             ‘‘(4) ANNUAL REPORTS TO CONGRESS.—Not less
17       frequently than once each year, the Secretary shall
18       submit to the appropriate committees of Congress an
19       annual report on the results of the assessments con-
20       ducted by the Secretary under paragraph (1)(C) dur-
21       ing the period covered by the report.
22       ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There is
23 authorized to be appropriated to the Secretary, for the pe-
24 riod of fiscal years 2022 through 2026—




      † HR 4521 EAS
                               309
 1             ‘‘(1) $9,425,000,000 to award grants and cooper-
 2      ative agreements under subsection (f); and
 3             ‘‘(2) $575,000,000 to award grants and coopera-
 4      tive agreements under subsection (e).’’.
 5      (b) INITIAL DESIGNATIONS AND AWARDS.—
 6             (1) COMPETITION       REQUIRED.—Not    later than
 7      180 days after the date of the enactment of this divi-
 8      sion, the Secretary of Commerce shall commence a
 9      competition under subsection (d)(1) of section 28 of
10      the Stevenson-Wydler Technology Innovation Act of
11      1980 (Public Law 96–480), as added by subsection
12      (a).
13             (2) DESIGNATION AND AWARD.—Not later than 1
14      year after the date of the enactment of this division,
15      if the Secretary has received at least 1 application
16      under subsection (g) of such section from an eligible
17      consortium whom the Secretary considers suitable for
18      designation under subsection (d)(1) of such section,
19      the Secretary shall—
20                   (A) designate at least 1 regional technology
21             hub under subsection (d)(1) of such section; and
22                   (B) award a grant or cooperative agreement
23             under subsection (f)(1) of such section to each re-
24             gional technology hub designated pursuant to
25             subparagraph (A) of this paragraph.


     † HR 4521 EAS
                             310
 1   SEC. 2402. MANUFACTURING USA PROGRAM.

 2       (a) DEFINITIONS.—In this section:
 3             (1) HISTORICALLY BLACK COLLEGE OR UNIVER-
4        SITY.—The term ‘‘historically Black college or univer-

5        sity’’ has the meaning given the term ‘‘part B institu-
6        tion’’ in section 322 of the Higher Education Act of
7        1965 (20 U.S.C. 1061)).
 8             (2) MANUFACTURING USA INSTITUTE.—The term
 9       ‘‘Manufacturing USA institute’’ means an institute
10       described in section 34(d) of the National Institute of
11       Standards and Technology Act (15 U.S.C. 278s(d)).
12             (3) MANUFACTURING USA NETWORK.—The term
13       ‘‘Manufacturing USA Network’’ means the network
14       established under section 34(c) of the National Insti-
15       tute of Standards and Technology Act (15 U.S.C.
16       278s(c)).
17             (4) MANUFACTURING USA PROGRAM.—The term
18       ‘‘Manufacturing USA Program’’ means the program
19       established under section 34(b)(1) of the National In-
20       stitute of Standards and Technology Act (15 U.S.C.
21       278s(b)(1)).
22             (5) MINORITY-SERVING INSTITUTION.—The term
23       ‘‘minority-serving institution’’ means an eligible in-
24       stitution described in section 371(a) of the Higher
25       Education Act of 1965 (20 U.S.C. 1067q(a)).


      † HR 4521 EAS
                              311
 1             (6) NATIONAL    PROGRAM     OFFICE.—The      term
 2       ‘‘National Program Office’’ means the National Pro-
 3       gram Office established under section 34(h)(1) of the
 4       National Institute of Standards and Technology Act
 5       (15 U.S.C. 278s(h)(1)).
 6             (7) TRIBAL COLLEGE OR UNIVERSITY.—The term
 7       ‘‘Tribal college or university’’ has the meaning given
 8       the term in section 316(b)(3) of the Higher Education
 9       Act of 1965 (20 U.S.C. 1059c(b)(3)).
10       (b) AUTHORIZATION      OF   APPROPRIATIONS    TO   EN -
11   HANCE AND EXPAND MANUFACTURING USA PROGRAM AND

12 SUPPORT INNOVATION AND GROWTH IN DOMESTIC MANU-
13   FACTURING.—There     is authorized to be appropriated
14 $1,200,000,000 for the period of fiscal years 2022 through
15 2026 for the Secretary of Commerce, acting through the Di-
16 rector of the National Institute of Standards and Tech-
17 nology and in consultation with the Secretary of Energy,
18 the Secretary of Defense, and the heads of such other Federal
19 agencies as the Secretary of Commerce considers relevant—
20             (1) to carry out the Manufacturing USA Pro-
21       gram, including by awarding financial assistance
22       under section 34(e) of the National Institute of Stand-
23       ards and Technology Act (15 U.S.C. 278s(e)) for
24       Manufacturing USA institutes that were in effect on




      † HR 4521 EAS
                                 312
 1       the day before the date of the enactment of this divi-
 2       sion; and
 3             (2) to expand such program to support innova-
 4       tion and growth in domestic manufacturing.
 5       (c) DIVERSITY PREFERENCES.—Section 34(e) of the
 6 National Institute of Standards and Technology Act (15
 7 U.S.C. 278s(e)) is amended by adding at the end the fol-
 8 lowing:
 9             ‘‘(8) DIVERSITY PREFERENCES.—In awarding fi-
10       nancial assistance under paragraph (1) for planning
11       or establishing a Manufacturing USA institute, an
12       agency head shall prioritize Manufacturing USA in-
13       stitutes that—
14                    ‘‘(A) contribute to the geographical diversity
15             of the Manufacturing USA Program;
16                    ‘‘(B) are located in an area with a low per
17             capita income; and
18                    ‘‘(C) are located in an area with a high
19             proportion of socially disadvantaged residents.’’.
20       (d) COORDINATION BETWEEN MANUFACTURING USA
21 PROGRAM AND HOLLINGS MANUFACTURING EXTENSION
22 PARTNERSHIP.—The Secretary shall facilitate the coordina-
23 tion of the activities of the Manufacturing USA Program
24 and the activities of Hollings Manufacturing Extension
25 Partnership with each other to the degree that doing so does


      † HR 4521 EAS
                             313
 1 not diminish the effectiveness of the ongoing activities of
 2 a Manufacturing USA institute or a Center (as the term
 3 is defined in section 25(a) of the National Institute of
 4 Standards and Technology Act (15 U.S.C. 278k(a)), includ-
 5 ing Manufacturing USA institutes entering into agreements
 6 with a Center (as so defined) that the Secretary considers
 7 appropriate to provide services relating to the mission of
 8 the Hollings Manufacturing Extension Partnership, includ-
 9 ing outreach, technical assistance, workforce development,
10 and technology transfer and adoption assistance to small-
11 and medium-sized manufacturers.
12       (e) ADVICE FROM THE NATIONAL MANUFACTURING
13 ADVISORY COUNCIL.—The Secretary shall seek advice from
14 the National Manufacturing Advisory Council on matters
15 concerning investment in and support of the manufacturing
16 workforce within the Manufacturing USA Program, includ-
17 ing those matters covered under section 2404(d)(7).
18       (f) PARTICIPATION OF MINORITY-SERVING INSTITU-
19   TIONS,   HISTORICALLY BLACK COLLEGES AND UNIVER-
20   SITIES, AND TRIBAL COLLEGES AND UNIVERSITIES.—

21             (1) IN GENERAL.—The Secretary of Commerce,
22       in consultation with the Secretary of Energy, the Sec-
23       retary of Defense, and the heads of such other Federal
24       agencies as the Secretary of Commerce considers rel-
25       evant, shall coordinate with existing and new Manu-


      † HR 4521 EAS
                                  314
 1       facturing USA institutes to integrate covered entities
 2       as active members of the Manufacturing USA insti-
 3       tutes, including through the development of pref-
 4       erences in selection criteria for proposals to create
 5       new Manufacturing USA institutes or renew existing
 6       Manufacturing USA institutes that are led by a cov-
 7       ered entity.
 8             (2) COVERED ENTITIES.—For purposes of this
 9       subsection, a covered entity is—
10                     (A) a minority-serving institution;
11                     (B) an historically Black college or univer-
12             sity;
13                     (C) a Tribal college or university; or
14                     (D) a minority business enterprise (as de-
15             fined in section 1400.2 of title 15, Code of Fed-
16             eral Regulations, or successor regulation).
17       (g) DEPARTMENT OF COMMERCE POLICIES TO PRO-
18   MOTE DOMESTIC PRODUCTION OF TECHNOLOGIES DEVEL-

19   OPED UNDER MANUFACTURING USA PROGRAM.—

20             (1) POLICIES.—
21                     (A) IN GENERAL.—Each agency head (as
22             defined in section 34(a) of the National Institute
23             of Standards and Technology Act (15 U.S.C.
24             278s(a))) and the Secretary of Defense shall, in
25             consultation with the Secretary of Commerce, es-


      † HR 4521 EAS
                                  315
1             tablish policies to promote the domestic produc-
2             tion of technologies developed by the Manufac-
3             turing USA Network.
 4                   (B) ELEMENTS.—The policies developed
 5            under subparagraph (A) shall include the fol-
 6            lowing:
 7                        (i) Measures to partner domestic devel-
 8                   opers of goods, services, or technologies by
 9                   Manufacturing      USA     Network   activities
10                   with domestic manufacturers and sources of
11                   financing.
12                        (ii) Measures to develop and provide
13                   incentives to promote transfer of intellectual
14                   property and goods, services, or technologies
15                   developed by Manufacturing USA Network
16                   activities to domestic manufacturers.
17                        (iii) Measures to assist with supplier
18                   scouting and other supply chain develop-
19                   ment, including the use of the Hollings
20                   Manufacturing Extension Partnership to
21                   carry out such measures.
22                        (iv) A process to review and approve
23                   or deny membership in a Manufacturing
24                   USA institute by foreign-owned companies,




     † HR 4521 EAS
                               316
 1                   especially from countries of concern, includ-
 2                   ing the People’s Republic of China.
 3                       (v) Measures to prioritize Federal pro-
 4                   curement of goods, services, or technologies
 5                   developed by the Manufacturing USA Net-
 6                   work activities from domestic sources, as
 7                   appropriate.
 8                   (C) PROCESSES FOR WAIVERS.—The poli-
 9            cies established under this paragraph shall in-
10            clude processes to permit waivers, on a case by
11            case basis, for policies that promote domestic
12            production based on cost, availability, severity of
13            technical and mission requirements, emergency
14            requirements, operational needs, other legal or
15            international treaty obligations, or other factors
16            deemed important to the success of the Manufac-
17            turing USA Program.
18            (2) PROHIBITION.—
19                   (A) COMPANY      DEFINED.—In     this para-
20            graph, the term ‘‘company’’ has the meaning
21            given such term in section 847(a) of the National
22            Defense Authorization Act for Fiscal Year 2020
23            (Public Law 116–92; 10 U.S.C. 2509 note).
24                   (B) IN GENERAL.—A company of the Peo-
25            ple’s Republic of China may not participate in


     † HR 4521 EAS
                               317
 1             the Manufacturing USA Program or the Manu-
 2             facturing USA Network without a waiver, as de-
 3             scribed in paragraph (1)(C).
 4       (h) COORDINATION OF MANUFACTURING USA INSTI-
 5   TUTES.—

 6             (1) IN GENERAL.—Section 34(h) of the National
 7       Institute of Standards and Technology Act (15 U.S.C.
 8       278s(h)) is amended by adding at the end the fol-
 9       lowing:
10             ‘‘(7) COUNCIL    FOR COORDINATION OF INSTI-

11       TUTES.—

12                    ‘‘(A) COUNCIL.—The National Program Of-
13             fice shall establish or designate a council of heads
14             of any Manufacturing USA institute receiving
15             Federal funding at any given time to foster col-
16             laboration between Manufacturing USA insti-
17             tutes.
18                    ‘‘(B) MEETINGS.—The council established
19             or designated under subparagraph (A) shall meet
20             not less frequently than twice each year.
21                    ‘‘(C) DUTIES OF THE COUNCIL.—The coun-
22             cil established under subparagraph (A) shall as-
23             sist the National Program Office in carrying out
24             the functions of the National Program Office
25             under paragraph (2).’’.


      † HR 4521 EAS
                             318
 1             (2) REPORT   REQUIRED.—Not      later than 180
 2       days after the date on which the council is established
 3       under section 34(h)(7)(A) of the National Institute of
 4       Standards and Technology Act, as added by para-
 5       graph (1), the council shall submit to the National
 6       Program Office a report containing recommendations
 7       for improving inter-network collaboration.
 8             (3) SUBMITTAL TO CONGRESS.—Not later than
 9       30 days after the date on which the report required
10       by paragraph (2) is submitted to the National Pro-
11       gram Office, the Director of the National Institute of
12       Standards and Technology shall submit such report to
13       the Committee on Commerce, Science, and Transpor-
14       tation, the Committee on Energy and Natural Re-
15       sources, and the Committee on Armed Services of the
16       Senate and the Committee on Science, Space, and
17       Technology of the House of Representatives.
18       (i) REQUIREMENT FOR NATIONAL PROGRAM OFFICE
19   TO DEVELOP STRATEGIES FOR RETAINING DOMESTIC PUB-

20   LIC BENEFIT AFTER CEASE OF FEDERAL FUNDING.—Sec-

21 tion 34(h)(2)(C) of the National Institute of Standards and
22 Technology Act (15 U.S.C. 278s(h)(2)(C)) is amended by
23 inserting ‘‘, including a strategy for retaining domestic
24 public benefits from Manufacturing USA institutes once
25 Federal funding has been discontinued’’ after ‘‘Program’’.


      † HR 4521 EAS
                                319
 1       (j) MODIFICATION OF FUNCTIONS OF NATIONAL PRO-
 2   GRAM OFFICE TO INCLUDE DEVELOPMENT OF INDUSTRY

 3 CREDENTIALS.—Section 34(h)(2)(J) of the National Insti-
 4 tute of Standards and Technology Act (15 U.S.C.
 5 278s(h)(2)(J)) is amended by inserting ‘‘, including the de-
 6 velopment of industry credentials’’ after ‘‘activities’’.
 7   SEC. 2403. ESTABLISHMENT OF EXPANSION AWARDS PRO-

 8                    GRAM IN HOLLINGS MANUFACTURING EXTEN-

 9                    SION PARTNERSHIP AND AUTHORIZATION OF

10                    APPROPRIATIONS FOR THE PARTNERSHIP.

11       (a) ESTABLISHMENT OF EXPANSION AWARDS PRO-
12   GRAM.—The        National Institute of Standards and Tech-
13 nology Act (15 U.S.C. 271 et seq.) is amended by inserting
14 after section 25A (15 U.S.C. 278k–1) the following:
15   ‘‘SEC. 25B. EXPANSION AWARDS PROGRAM.

16       ‘‘(a) DEFINITIONS.—The terms used in this section
17 have the meanings given the terms in section 25.
18       ‘‘(b) ESTABLISHMENT.—The Director shall establish,
19 subject to the availability of appropriations, within the
20 Hollings Manufacturing Extension Partnership under sec-
21 tions 25 and 26 a program of expansion awards among
22 participants described in subsection (c) of this section for
23 the purposes described in subsection (d) of this section.




      † HR 4521 EAS
                               320
1         ‘‘(c) PARTICIPANTS.—Participants receiving awards
2 under this section shall be Centers, or a consortium of Cen-
3 ters.
 4        ‘‘(d) PURPOSE OF AWARDS.—An award under this sec-
 5 tion shall be made for one or more of the following purposes:
 6             ‘‘(1) To provide worker education, training, de-
 7        velopment, and entrepreneurship training and to con-
 8        nect individuals or business with such services offered
 9        in their community, which may include employee
10        ownership and workforce training, connecting manu-
11        facturers with career and technical education entities,
12        institutions of higher education (including commu-
13        nity colleges), workforce development boards, State
14        government programs for advanced manufacturing,
15        entities (such as public-private partnerships) or a col-
16        lection of entities and individuals carrying out an
17        advanced manufacturing forum that would serve edu-
18        cationally underrepresented individuals (such as
19        underrepresented racial and ethnic minorities), labor
20        organizations, and nonprofit job training providers to
21        develop and support training and job placement serv-
22        ices, apprenticeship and online learning platforms,
23        for new and incumbent workers, programming to pre-
24        vent job losses when adopting new technologies and




      † HR 4521 EAS
                                321
 1      processes, and development of employee ownership
 2      practices.
 3            ‘‘(2) To mitigate vulnerabilities to cyberattacks,
 4      including helping to offset the cost of cybersecurity
 5      projects for small manufacturers.
 6            ‘‘(3) To expand advanced technology services to
 7      small- and medium-sized manufacturers, which may
 8      include—
 9                   ‘‘(A) developing technology demonstration
10            laboratories;
11                   ‘‘(B) services for the adoption of advanced
12            technologies, including smart manufacturing
13            technologies and practices; and
14                   ‘‘(C) establishing partnerships, for the devel-
15            opment, demonstration, and deployment of ad-
16            vanced technologies, with—
17                        ‘‘(i) national laboratories (as defined
18                   in section 2 of the Energy Policy Act of
19                   2005 (42 U.S.C. 15801));
20                        ‘‘(ii) Federal laboratories;
21                        ‘‘(iii) Manufacturing USA institutes
22                   (as described in section 2402 of the Endless
23                   Frontiers Act); and
24                        ‘‘(iv) institutions of higher education.




     † HR 4521 EAS
                                   322
 1             ‘‘(4) To build capabilities across the Hollings
 2       Manufacturing Extension Partnership for domestic
 3       supply chain resiliency and optimization, includ-
 4       ing—
 5                    ‘‘(A) assessment of domestic manufacturing
 6             capabilities, expanded capacity for researching
 7             and deploying information on supply chain risk,
 8             hidden costs of reliance on offshore suppliers,
 9             and other relevant topics; and
10                    ‘‘(B) expanded services to provide industry-
11             wide support that assists United States manu-
12             facturers    with     reshoring   manufacturing   to
13             strengthen the resiliency of domestic supply
14             chains, including in critical technology areas
15             and foundational manufacturing capabilities
16             that are key to domestic manufacturing competi-
17             tiveness and resiliency, including forming, cast-
18             ing, machining, joining, surface treatment, tool-
19             ing, and metal or chemical refining.
20       ‘‘(e) REIMBURSEMENT.—The Director may reimburse
21 Centers for costs incurred by the Centers under this section.
22       ‘‘(f) PROGRAM CONTRIBUTION.—Recipients of awards
23 under this section shall not be required to provide a match-
24 ing contribution.’’.
25       (b) AUTHORIZATION OF APPROPRIATIONS.—


      † HR 4521 EAS
                             323
1             (1) IN GENERAL.—There is authorized to be ap-
2       propriated to carry out the Hollings Manufacturing
3       Extension Partnership program under sections 25,
4       25A, and 26 of the National Institute of Standards
5       and Technology Act (15 U.S.C. 278k, 278k–1, and
6       278l), and section 25B of such Act, as added by sub-
7       section (a), $480,000,000 for each of fiscal years 2022
8       through fiscal year 2026.
 9            (2) BASE    FUNDING.—Of    the amounts appro-
10      priated pursuant to the authorization in paragraph
11      (1), $216,000,000 shall be available in each fiscal
12      year to carry out the Hollings Manufacturing Exten-
13      sion Partnership under sections 25 and 25A of such
14      Act (15 U.S.C. 278k and 278k–1), of which
15      $40,000,000 shall not be subject to cost share require-
16      ments under subsection (e)(2) of such section: Pro-
17      vided, That the authority made available pursuant to
18      this section shall be elective for any Manufacturing
19      Extension Partnership Center that also receives fund-
20      ing from a State that is conditioned upon the appli-
21      cation of a Federal cost sharing requirement.
22            (3)    EXPANSION   AWARD    PROGRAM.—Of       the
23      amounts appropriated pursuant to the authorization
24      in paragraph (1), $264,000,000 shall be available




     † HR 4521 EAS
                                324
1        each fiscal year to carry out section 25B of such Act,
2        as added by subsection (a).
3    SEC. 2404. NATIONAL MANUFACTURING ADVISORY COUN-

4                     CIL.

 5       (a) DEFINITIONS.—In this section:
 6             (1) ADVISORY COUNCIL.—The term ‘‘Advisory
 7       Council’’ means the National Manufacturing Advi-
 8       sory Council established under subsection (b)(1).
 9             (2) APPROPRIATE COMMITTEES OF CONGRESS.—
10       The term ‘‘appropriate committees of Congress’’
11       means—
12                     (A) the Committee on Health, Education,
13             Labor, and Pensions, the Committee on Com-
14             merce, Science, and Transportation, the Com-
15             mittee on Energy and Natural Resources, the
16             Committee on Armed Services, and the Com-
17             mittee on Appropriations of the Senate; and
18                     (B) the Committee on Education and
19             Labor, the Committee on Science, Space, and
20             Technology, the Committee on Energy and Com-
21             merce, the Committee on Armed Services, and
22             the Committee on Appropriations of the House of
23             Representatives.
24             (3) SECRETARY.—The term ‘‘Secretary’’ means
25       the Secretary of Commerce.


      † HR 4521 EAS
                               325
 1      (b) ESTABLISHMENT.—
2             (1) IN GENERAL.—The Secretary, in consultation
3       with the Secretary of Labor, the Secretary of Defense,
4       the Secretary of Energy, and the Secretary of Edu-
5       cation, shall establish within the Department of Com-
6       merce the National Manufacturing Advisory Council.
 7            (2) PURPOSE.—The purpose of the Advisory
 8      Council shall be to—
 9                   (A) provide worker education, training, de-
10            velopment, and entrepreneurship training;
11                   (B) connect individuals and business with
12            the services described in subparagraph (A) that
13            are offered in the community of the individuals
14            or businesses;
15                   (C) coordinate services relating to employee
16            engagement, including employee ownership and
17            workforce training;
18                   (D) connect manufacturers with career and
19            technical education entities, institutions of high-
20            er education, community colleges, workforce de-
21            velopment boards, labor organizations, and non-
22            profit job training providers to develop and sup-
23            port training and job placement services and ap-
24            prenticeship and online learning platforms for
25            new and incumbent workers;


     † HR 4521 EAS
                               326
1                    (E) develop programming to prevent job
2             losses as entities adopt new technologies and
3             processes; and
4                    (F) develop best practices for employee own-
5             ership.
 6      (c) MISSION.—The mission of the Advisory Council
 7 shall be to—
 8            (1) ensure regular communication between the
 9      Federal Government and the manufacturing sector in
10      the United States;
11            (2) advise the Federal Government regarding
12      policies and programs of the Federal Government that
13      affect manufacturing in the United States;
14            (3) provide a forum for discussing and proposing
15      solutions to problems relating to the manufacturing
16      industry in the United States; and
17            (4) ensure that the United States remains the
18      preeminent destination throughout the world for in-
19      vestment in manufacturing.
20      (d) DUTIES.—The duties of the Advisory Council shall
21 include—
22            (1) meeting not less frequently than every 180
23      days to provide independent advice and recommenda-
24      tions to the Secretary regarding issues involving
25      manufacturing in the United States;


     † HR 4521 EAS
                             327
1             (2) completing specific tasks requested by the
2       Secretary;
3             (3) conveying input from key industry, labor,
4       academic, defense, governmental, and other stake-
5       holders to aid in the development of a national stra-
6       tegic plan for manufacturing in the United States;
7             (4) monitoring the status of technological devel-
8       opments, critical production capacity, skill avail-
9       ability, investment patterns, emerging defense needs,
10      and other key indicators of manufacturing competi-
11      tiveness to provide foresight for periodic updates to
12      the national strategic plan for manufacturing devel-
13      oped under paragraph (3);
14            (5) soliciting input from the public and private
15      sectors and academia relating to emerging trends in
16      manufacturing, the responsiveness of Federal pro-
17      gramming with respect to manufacturing, and sugges-
18      tions for areas of increased Federal attention with re-
19      spect to manufacturing;
20            (6) monitoring global manufacturing trends and
21      global threats to manufacturing sectors in the United
22      States;
23            (7) providing advice and recommendations to the
24      Federal Government on matters relating to invest-




     † HR 4521 EAS
                               328
 1      ment in and support of the manufacturing workforce
 2      relating to—
 3                   (A) worker participation, including through
 4            labor organizations and through other methods
 5            determined by the Advisory Council, in the plan-
 6            ning for deployment of new technologies across
 7            an industry and within workplaces;
 8                   (B) training and education priorities for
 9            the Federal Government and for employers to as-
10            sist workers in adapting the skills and experi-
11            ences of those workers to fit the demands of the
12            21st century economy;
13                   (C) innovative suggestions from workers on
14            the development of new technologies and proc-
15            esses and, as appropriate, assessing the impact of
16            those technologies and processes on the workforce
17            and economy of the United States;
18                   (D) management practices that lead to
19            worker employment, job quality, worker protec-
20            tion, worker participation and power in decision
21            making, and investment in worker career success;
22                   (E) policies and procedures to prioritize di-
23            versity and inclusion in the manufacturing and
24            technology workforce by expanding access to job,




     † HR 4521 EAS
                                 329
1             career advancement, and management opportu-
2             nities for underrepresented populations; and
3                    (F) advice on how to improve access to de-
4             mand-driven education, training, and re-train-
5             ing for workers, including community and tech-
6             nical colleges, higher education, apprenticeships
7             and work-based learning opportunities;
8             (8) with respect to the manufacturing.gov
9       website, or any successor thereto, providing input and
10      improvements in order to—
11                   (A) make that website more user-friendly to
12            enhance the ability of that website to—
13                          (i) provide information to manufactur-
14                   ers; and
15                          (ii) receive feedback from manufactur-
16                   ers;
17                   (B) assist that website in becoming the
18            principal place of interaction between manufac-
19            turers in the United States and Federal pro-
20            grams relating to manufacturing; and
21                   (C) enable that website to provide assistance
22            to manufacturers relating to—
23                          (i) international trade and investment
24                   matters;




     † HR 4521 EAS
                                  330
 1                       (ii) research and technology develop-
 2                   ment opportunities;
 3                       (iii) workforce development and train-
 4                   ing programs and opportunities;
 5                       (iv) small and medium manufacturer
 6                   needs; and
 7                       (v) industrial commons and supply
 8                   chain needs.
 9      (e) MEMBERSHIP.—
10            (1) IN GENERAL.—The Advisory Council shall—
11                   (A) consist of individuals appointed by the
12            Secretary with a balance of backgrounds, experi-
13            ences, and viewpoints; and
14                   (B) include an equal proportion of individ-
15            uals with manufacturing experience who rep-
16            resent private industry, academia, and labor or-
17            ganizations.
18            (2)    PUBLIC       PARTICIPATION.—The   Secretary
19      shall, to the maximum extent practicable, accept rec-
20      ommendations from the public regarding the appoint-
21      ment of individuals under paragraph (1).
22            (3) PERIOD OF APPOINTMENT; VACANCIES.—
23                   (A) IN GENERAL.—Each member of the Ad-
24            visory Council shall be appointed by the Sec-
25            retary for a term of 3 years.


     † HR 4521 EAS
                              331
 1                   (B) RENEWAL.—The Secretary may renew
 2            an appointment made under subparagraph (A)
 3            not more than 2 additional terms
 4                   (C) STAGGER TERMS.—The Secretary may
 5            stagger the terms of the members of the Advisory
 6            Council to ensure that the terms of the members
 7            expire during different years.
 8                   (D) VACANCIES.—Any member appointed to
 9            fill a vacancy on the Advisory Council occurring
10            before the expiration of the term for which the
11            member’s predecessor was appointed shall be ap-
12            pointed only for the remainder of that term. A
13            member may serve after the expiration of that
14            term until a successor has been appointed.
15      (f) TRANSFER OF FUNCTIONS.—
16            (1) IN GENERAL.—All functions of the United
17      States Manufacturing Council of the International
18      Trade Administration of the Department of Com-
19      merce, including the personnel, assets, and obligations
20      of the United States Manufacturing Council of the
21      International Trade Administration of the Depart-
22      ment of Commerce, as in existence on the day before
23      the date of enactment of this division, shall be trans-
24      ferred to the Advisory Council.




     † HR 4521 EAS
                              332
 1             (2) DEEMING OF NAME.—Any reference in law,
 2       regulation, document, paper, or other record of the
 3       United States to the United States Manufacturing
 4       Council of the International Trade Administration of
 5       the Department of Commerce shall be deemed a ref-
 6       erence to the Advisory Council.
 7             (3) UNEXPENDED BALANCES.—Unexpended bal-
 8       ances of appropriations, authorization, allocations, or
 9       other funds related to the United States Manufac-
10       turing Council of the International Trade Adminis-
11       tration of the Department of Commerce shall be avail-
12       able for use by the Advisory Council for the purpose
13       for which the appropriations, authorizations, alloca-
14       tions, or other funds were originally made available.
15       (g) REPORT.—Not later than 180 days after the date
16 on which the Advisory Council holds the initial meeting of
17 the Advisory Council and annually thereafter, the Advisory
18 Council shall submit to the appropriate committees of Con-
19 gress a report containing a detailed statement of the advice
20 and recommendations of the Advisory Council required
21 under subsection (d)(7).




      † HR 4521 EAS
                                  333
 1        TITLE V—MISCELLANEOUS
 2   SEC. 2501. STRATEGY AND REPORT ON ECONOMIC SECU-

 3                    RITY, SCIENCE, RESEARCH, AND INNOVATION

 4                    TO   SUPPORT      THE   NATIONAL   SECURITY

 5                    STRATEGY.

 6       (a) NATIONAL SECURITY STRATEGY DEFINED.—In
 7 this section, the term ‘‘national security strategy’’ means
 8 the national security strategy required by section 108 of the
 9 National Security Act of 1947 (50 U.S.C. 3043).
10       (b) STRATEGY AND REPORT.—
11             (1) IN GENERAL.—Not later than 90 days after
12       the transmission of each national security strategy
13       under section 108(a) of the National Security Act of
14       1947 (50 U.S.C. 3043(a)), the Director of the Office
15       of Science and Technology Policy shall, in coordina-
16       tion with the National Science and Technology Coun-
17       cil, the Director of the National Economic Council,
18       and the heads of such other relevant Federal agencies
19       as the Director of the Office of Science and Tech-
20       nology Policy considers appropriate and in consulta-
21       tion with such nongovernmental partners as the Di-
22       rector of the Office of Science and Technology Policy
23       considers appropriate—
24                     (A) review such strategy, programs, and re-
25             sources as the Director of the Office of Science


      † HR 4521 EAS
                                  334
 1            and Technology Policy determines pertain to
 2            United     States    national   competitiveness   in
 3            science, research, innovation, and technology
 4            transfer, including patenting and licensing, to
 5            support the national security strategy;
 6                   (B) develop or revise a national strategy to
 7            improve the national competitiveness of the
 8            United States in science, research, and innova-
 9            tion to support the national security strategy;
10            and
11                   (C) submit to Congress—
12                       (i) a report on the findings of the Di-
13                   rector with respect to the review conducted
14                   under subparagraph (A); and
15                       (ii) the strategy developed or revised
16                   under subparagraph (B).
17            (2) TERMINATION.—The requirement of para-
18      graph (1) shall terminate on the date that is 5 years
19      after the date of the enactment of this Act.
20      (c) ELEMENTS.—
21            (1) REPORT.—Each report submitted under sub-
22      section (b)(1)(C)(i) shall include the following:
23                   (A) An assessment of public and private in-
24            vestment in civilian and military science and




     † HR 4521 EAS
                                  335
1             technology     and        its   implications   for   the
2             geostrategic position of the United States.
3                    (B) A description of the prioritized eco-
4             nomic security interests and objectives, including
5             domestic job creation, of the United States relat-
6             ing to science, research, and innovation and an
7             assessment of how investment in civilian and
8             military science and technology can advance
9             those objectives.
10                   (C) An assessment of global trends in
11            science and technology, including potential
12            threats to the leadership of the United States in
13            science and technology.
14                   (D) An assessment of the national debt and
15            its implications for the economic and national
16            security of the United States.
17                   (E) An assessment of how regional efforts
18            are contributing and could contribute to the in-
19            novation capacity of the United States, includ-
20            ing programs run by State and local govern-
21            ments.
22                   (F) An assessment of—
23                       (i) workforce needs for competitiveness
24                   in key technology focus areas; and
25                       (ii) any efforts needed—


     † HR 4521 EAS
                               336
 1                            (I) to expand pathways into key
 2                       technology focus areas; and
 3                            (II) to improve workforce develop-
 4                       ment and employment systems, as well
 5                       as programs and practices to upskill
 6                       incumbent workers.
 7                   (G) An assessment of barriers to competi-
 8            tiveness and barriers to the development and evo-
 9            lution of start-ups, small and mid-sized business
10            entities, and industries.
11                   (H) An assessment of the effectiveness of the
12            Federal Government, federally funded research
13            and development centers, and national labs in
14            supporting and promoting technology commer-
15            cialization and technology transfer, including an
16            assessment of the adequacy of Federal research
17            and development funding in creating new domes-
18            tic manufacturing growth and job creation
19            across sectors and promoting competitiveness
20            and the development of new technologies.
21                   (I) An assessment of manufacturing capac-
22            ity, logistics, and supply chain dynamics of
23            major export sectors, including access to a skilled
24            workforce,      physical     infrastructure,    and
25            broadband network infrastructure.


     † HR 4521 EAS
                               337
1                    (J) An assessment of how the Federal Gov-
2             ernment is increasing the participation of under-
3             represented populations in science, research, in-
4             novation, and manufacturing.
5                    (K) An assessment of public-private part-
6             nerships in technology commercialization, in-
7             cluding—
8                        (i) the structure of current technology
9                    research and commercialization arrange-
10                   ments with regard to public-private part-
11                   nerships; and
12                       (ii) the extent to which intellectual
13                   property developed with Federal funding—
14                            (I) is being used to manufacture
15                       in the United States rather than in
16                       other countries; and
17                            (II) is being used by foreign busi-
18                       ness entities that are majority owned
19                       or controlled (as defined in section
20                       800.208 of title 31, Code of Federal
21                       Regulations, or a successor regulation),
22                       or minority owned greater than 25
23                       percent by—




     † HR 4521 EAS
                               338
 1                                   (aa) any governmental orga-
 2                             nization of the People’s Republic
 3                             of China; or
 4                                   (bb) any other entity that
 5                             is—
 6                                        (AA) known to be owned
 7                                   or controlled by any govern-
 8                                   mental organization of the
 9                                   People’s Republic of China;
10                                   or
11                                        (BB) organized under,
12                                   or otherwise subject to, the
13                                   laws of the People’s Republic
14                                   of China.
15            (2) STRATEGY.—Each strategy submitted under
16      subsection (b)(1)(C)(ii) shall include the following:
17                   (A) A plan to utilize available tools to ad-
18            dress or minimize the leading threats and chal-
19            lenges and to take advantage of the leading op-
20            portunities, particularly in regards to key tech-
21            nology focus areas central to international com-
22            petition, including the following:
23                       (i) Specific objectives, tasks, metrics,
24                   and milestones for each relevant Federal
25                   agency.


     † HR 4521 EAS
                                  339
 1                        (ii) Strategic objectives and priorities
 2                   necessary to maintain the leadership of the
 3                   United States in science and technology, in-
 4                   cluding near-term, medium-term, and long-
 5                   term research priorities.
 6                        (iii) Specific plans to safeguard re-
 7                   search and technology funded, as appro-
 8                   priate, in whole or in part, by the Federal
 9                   Government, including in the key tech-
10                   nology focus areas, from theft or exfiltration
11                   by foreign entities of concern.
12                        (iv) Specific plans to support public
13                   and private sector investment in research,
14                   technology    development,    education   and
15                   workforce development, and domestic manu-
16                   facturing supportive of the national eco-
17                   nomic competitiveness of the United States
18                   and to foster the use of public-private part-
19                   nerships.
20                        (v) Specific plans to promote sustain-
21                   ability practices and strategies for increas-
22                   ing jobs in the United States.
23                        (vi) A description of—




     † HR 4521 EAS
                                340
 1                             (I) how the strategy submitted
 2                        under subsection (b)(1)(C)(ii) supports
 3                        the national security strategy; and
 4                             (II) how the strategy submitted
 5                        under such subsection is integrated and
 6                        coordinated with the most recent na-
 7                        tional defense strategy under section
 8                        113(g) of title 10, United States Code.
 9                        (vii) A plan to encourage the govern-
10                   ments of countries that are allies or part-
11                   ners of the United States to cooperate with
12                   the execution of the strategy submitted
13                   under subsection (b)(1)(C)(ii), where appro-
14                   priate.
15                        (viii) A plan for how the United States
16                   should develop local and regional capacity
17                   for building innovation ecosystems across
18                   the Nation by providing Federal support.
19                        (ix) A plan for strengthening the in-
20                   dustrial base of the United States.
21                        (x) A plan to remove or update overly
22                   burdensome or outdated Federal regulations
23                   as appropriate.
24                        (xi) A plan—




     † HR 4521 EAS
                          341
 1                       (I) to further incentivize industry
 2                   participation in public-private part-
 3                   nerships for the purposes of accel-
 4                   erating technology research and com-
 5                   mercialization,    including   alternate
 6                   ways of accounting for in-kind con-
 7                   tributions and value of partially man-
 8                   ufactured products;
 9                       (II) to ensure that intellectual
10                   property developed with Federal fund-
11                   ing is commercialized in the United
12                   States; and
13                       (III) to ensure, to the maximum
14                   appropriate extent, that intellectual
15                   property developed with Federal fund-
16                   ing is not being used by foreign busi-
17                   ness entities that are majority owned
18                   or controlled (as defined in section
19                   800.208 of title 31, Code of Federal
20                   Regulations, or a successor regulation),
21                   or minority owned greater than 25
22                   percent by—
23                              (aa) any governmental orga-
24                       nization of the People’s Republic
25                       of China; or


     † HR 4521 EAS
                                342
 1                                    (bb) any other entity that
 2                             is—
 3                                         (AA) known to be owned
 4                                    or controlled by any govern-
 5                                    mental organization of the
 6                                    People’s Republic of China;
 7                                    or
 8                                         (BB) organized under,
 9                                    or otherwise subject to, the
10                                    laws of the People’s Republic
11                                    of China.
12                        (xii) An identification of additional
13                    resources, administrative action, or legisla-
14                    tive action recommended to assist with the
15                    implementation of such strategy.
16       (d) RESEARCH AND DEVELOPMENT FUNDING.—The
17 Director of the Office of Science and Technology Policy
18 shall, as the Director considers necessary, consult with the
19 Director of the Office of Management and Budget and with
20 the heads of such other elements of the Executive Office of
21 the President as the Director of the Office of Science and
22 Technology Policy considers appropriate to ensure that the
23 recommendations and priorities with respect to research
24 and development funding as expressed in the most recent
25 report and strategy submitted under subsection (b)(1)(C)


      † HR 4521 EAS
                               343
 1 are incorporated into the development of annual budget re-
 2 quests for Federal research agencies.
 3       (e) PUBLICATION.—The Director of the Office of
 4 Science and Technology Policy shall, consistent with the
 5 protection of national security and other sensitive matters
 6 and otherwise to the maximum extent practicable, make
 7 each report submitted under subsection (b)(1)(C)(i) publicly
 8 available on an internet website of the Office of Science and
 9 Technology Policy. The report may include a classified
10 annex if the working group determines appropriate.
11   SEC. 2502. PERSON OR ENTITY OF CONCERN PROHIBITION.

12       No person published on the list under section 1237(b)
13 of the Strom Thurmond National Defense Authorization Act
14 for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701
15 note) or entity identified under section 1260H of the Wil-
16 liam M. (Mac) Thornberry National Defense Authorization
17 Act for Fiscal Year 2021 (Public Law 116–283) may receive
18 or participate in any grant, award, program, support, or
19 other activity under—
20             (1) the Directorate established in section 2102;
21             (2) the supply chain resiliency program under
22       section 2505;
23             (3) section 28(b)(1) of the Stevenson-Wydler
24       Technology Innovation Act of 1980 (15 U.S.C. 3701
25       et seq.), as added by section 2401(a); or


      † HR 4521 EAS
                                 344
 1             (4) the Manufacturing USA Program, as im-
 2       proved and expanded under section 2402.
 3   SEC. 2503. STUDY ON EMERGING SCIENCE AND TECH-

 4                    NOLOGY CHALLENGES FACED BY THE UNITED

 5                    STATES   AND   RECOMMENDATIONS      TO   AD-

 6                    DRESS THEM.

 7       (a) SHORT TITLE.—This section may be cited as the
 8 ‘‘National Strategy to Ensure American Leadership Act of
 9 2021’’ or the ‘‘National SEAL Act of 2021’’.
10       (b) STUDY.—
11             (1) IN GENERAL.—The Secretary of Commerce
12       shall seek to enter into an agreement with the Na-
13       tional Academies of Sciences, Engineering, and Medi-
14       cine to conduct a study—
15                     (A) to identify the 10 most critical emerg-
16             ing science and technology challenges facing the
17             United States; and
18                     (B) to develop recommendations for legisla-
19             tive or administrative action to ensure United
20             States leadership in matters relating to such
21             challenges.
22             (2) ELEMENTS.—The study conducted under
23       paragraph (1) shall include identification, review,
24       and evaluation of the following:




      † HR 4521 EAS
                               345
 1                   (A) Matters pertinent to identification of
 2            the challenges described in paragraph (1)(A).
 3                   (B) Matters relating to the recommenda-
 4            tions developed under paragraph (1)(B), includ-
 5            ing with respect to education and workforce de-
 6            velopment necessary to address each of the chal-
 7            lenges identified under paragraph (1)(A).
 8                   (C) Matters related to the review of key
 9            technology focus areas by the Director of the Na-
10            tional Science Foundation under section 2005.
11                   (D) An assessment of the current relative
12            balance in leadership in addressing the chal-
13            lenges identified in paragraph (1)(A) between the
14            United States, allies or key partners of the
15            United States, and the People’s Republic of
16            China.
17            (3) TIMEFRAME.—
18                   (A) AGREEMENT.—The Secretary of Com-
19            merce shall seek to enter into the agreement re-
20            quired by paragraph (1) on or before the date
21            that is 60 days after the date of enactment of
22            this Act.
23                   (B) FINDINGS.—Under an agreement en-
24            tered into under paragraph (1), the National
25            Academies of Sciences, Engineering, and Medi-


     † HR 4521 EAS
                               346
1             cine shall, not later than 1 year after the date
2             on which the Secretary of Commerce and the Na-
3             tional Academies enter into such agreement,
4             transmit to the Secretary of Commerce the find-
5             ings of the National Academies with respect to
6             the study conducted pursuant to such agreement.
 7      (c) REPORT.—
 8            (1) IN GENERAL.—Not later than 30 days after
 9      the date on which the Secretary of Commerce receives
10      the findings of the National Academies of Sciences,
11      Engineering, and Medicine with respect to the study
12      conducted under subsection (b), the Secretary of Com-
13      merce shall submit to Congress a ‘‘Strategy to Ensure
14      American Leadership’’ report on such study.
15            (2) CONTENTS.—The report submitted under
16      paragraph (1) shall include the following:
17                   (A) The findings of the National Academies
18            of Sciences, Engineering, and Medicine with re-
19            spect to the study conducted under subsection (b).
20                   (B) The conclusions of the Secretary of
21            Commerce with respect to such findings.
22                   (C) The recommendations developed under
23            subsection (b)(1)(B).
24                   (D) Such other recommendations for legisla-
25            tive or administrative action as the Secretary of


     † HR 4521 EAS
                                347
 1               Commerce may have with respect to such find-
 2               ings and conclusions.
 3               (3) CLASSIFIED ANNEX.—The report submitted
 4       under paragraph (1) shall be submitted in unclassi-
 5       fied form, but may include a classified annex if the
 6       Secretary of Commerce determines appropriate.
 7       (d) INFORMATION FROM FEDERAL AGENCIES.—
 8               (1) IN GENERAL.—The National Academies of
 9       Sciences, Engineering, and Medicine may secure di-
10       rectly from a Federal department or agency such in-
11       formation as the National Academies of Sciences, En-
12       gineering, and Medicine consider necessary to carry
13       out the study under subsection (b).
14               (2) FURNISHING INFORMATION.—On request of
15       the National Academies of Sciences, Engineering, and
16       Medicine for information, the head of the department
17       or agency shall furnish such information to the Na-
18       tional Academies of Sciences, Engineering, and Medi-
19       cine.
20       (e) CONSULTATION.—The Secretary of Defense and the
21 Director of National Intelligence shall provide support upon
22 request from the Secretary of Commerce or the National
23 Academies to carry out this section.
24       (f) NON-DUPLICATION OF EFFORT.—In carrying out
25 subsection (b), the Secretary of Commerce shall, to the de-


      † HR 4521 EAS
                                  348
 1 gree practicable, coordinate with the steering committee es-
 2 tablished under section 236(a) of the William M. (Mac)
 3 Thornberry National Defense Authorization Act for Fiscal
 4 Year 2021 (Public Law 116–283).
 5   SEC. 2504. REPORT ON GLOBAL SEMICONDUCTOR SHORT-

 6                    AGE.

 7       Not later than 1 year after the date of enactment of
 8 this division, the Comptroller General of the United States
 9 shall submit to Congress a report on the global semicon-
10 ductor supply shortage and the impact of that shortage on
11 manufacturing in the United States.
12   SEC. 2505. SUPPLY CHAIN RESILIENCY PROGRAM.

13       (a) DEFINITIONS.—In this section:
14             (1) CRITICAL INDUSTRY.—The term ‘‘critical in-
15       dustry’’ means an industry identified under sub-
16       section (f)(1)(A)(i).
17             (2)     CRITICAL    INFRASTRUCTURE.—The    term
18       ‘‘critical infrastructure’’ has the meaning given the
19       term in the Critical Infrastructures Protection Act of
20       2001 (42 U.S.C. 5195c).
21             (3) LABOR ORGANIZATION.—The term ‘‘labor or-
22       ganization’’ has the meaning given the term in sec-
23       tion 2101.




      † HR 4521 EAS
                               349
1             (4) PROGRAM.—The term ‘‘program’’ means the
2       supply chain resiliency and crisis response program
3       established under subsection (b).
 4            (5) RESILIENT SUPPLY CHAIN.—The term ‘‘resil-
 5      ient supply chain’’ means a supply chain that—
 6                   (A) ensures that the United States can sus-
 7            tain critical industry production, supply chains,
 8            services, and access to critical goods and services
 9            during supply chain shocks, including pandemic
10            and biological threats, cyberattacks, extreme
11            weather events, terrorist and geopolitical attacks,
12            great power conflicts, and other threats to the
13            national security of the United States; and
14                   (B) has key components of resilience that
15            include—
16                       (i) effective private sector risk manage-
17                   ment and mitigation planning to sustain
18                   critical supply chains and supplier net-
19                   works during a supply chain shock;
20                       (ii) minimized or managed exposure to
21                   supply chain shocks; and
22                       (iii) the financial and operational ca-
23                   pacity to—
24                            (I) sustain critical industry sup-
25                       ply chains during shocks; and


     † HR 4521 EAS
                               350
 1                            (II) recover from supply chain
 2                       shocks.
 3            (6) RELEVANT COMMITTEES OF CONGRESS.—The
 4      term ‘‘relevant committees of Congress’’ means—
 5                   (A) the Committee on Commerce, Science,
 6            and Transportation of the Senate;
 7                   (B) the Committee on Appropriations of the
 8            Senate;
 9                   (C) the Committee on Finance of the Sen-
10            ate;
11                   (D) the Committee on Homeland Security
12            and Governmental Affairs of the Senate;
13                   (E) the Committee on Armed Services of the
14            Senate;
15                   (F) the Committee on Energy and Natural
16            Resources of the Senate;
17                   (G) the Select Committee on Intelligence of
18            the Senate;
19                   (H) the Committee on Science, Space, and
20            Technology of the House of Representatives;
21                   (I) the Committee on Energy and Commerce
22            of the House of Representatives;
23                   (J) the Committee on Appropriations of the
24            House of Representatives;




     † HR 4521 EAS
                               351
1                    (K) the Committee on Ways and Means of
2             the House of Representatives;
3                    (L) the Committee on Homeland Security of
4             the House of Representatives;
5                    (M) the Committee on Armed Services of the
6             House of Representatives; and
7                    (N) the Permanent Select Committee on In-
8             telligence of the House of Representatives.
 9            (7) SECRETARY.—The term ‘‘Secretary’’ means
10      the Secretary of Commerce.
11            (8) SUPPLY      CHAIN   INFORMATION.—The      term
12      ‘‘supply chain information’’ means information that
13      is not customarily in the public domain and relating
14      to—
15                   (A) sustaining and adapting supply chains
16            during a supply chain shock, including pan-
17            demic and biological threats, cyberattacks, ex-
18            treme weather events, terrorist and geopolitical
19            attacks, great power conflict, and other threats to
20            national security;
21                   (B) the development of supply chain risk
22            mitigation and recovery planning with respect to
23            a supply chain shock, including any planned or
24            past assessment, projection, or estimate of a vul-
25            nerability within the supply chain, including


     † HR 4521 EAS
                                352
 1             testing, supplier network assessments, production
 2             flexibility, risk evaluations thereto, risk manage-
 3             ment planning, or risk audits; or
 4                    (C) operational best practices, planning,
 5             and supplier partnerships that enable enhanced
 6             supply chain resilience during a supply chain
 7             shock, including response, repair, recovery, re-
 8             construction, insurance, or continuity.
 9       (b) ESTABLISHMENT.—The Secretary shall establish in
10 the Department of Commerce a supply chain resiliency and
11 crisis response program to carry out the activities described
12 in subsection (d).
13       (c) MISSION.—The mission of the program shall be
14 to—
15             (1) help to promote the leadership of the United
16       States with respect to critical industries that are es-
17       sential to the mid-term and long-term national secu-
18       rity of the United States; and
19             (2) encourage partnerships between the Federal
20       Government and industry, labor organizations, and
21       State, local, territorial, and Tribal governments in
22       order to—
23                    (A) promote resilient supply chains; and
24                    (B) respond to critical industry supply
25             chain shocks.


      † HR 4521 EAS
                                  353
 1      (d) ACTIVITIES.—Under the program, the Secretary,
 2 acting through 1 or more bureaus or other divisions of the
 3 Department of Commerce as appropriate, shall carry out
 4 activities—
 5            (1) in coordination with the private sector, to—
 6                     (A) map and monitor critical industry sup-
 7            ply chains; and
 8                     (B) identify high priority supply chain
 9            gaps and vulnerabilities in critical industries
10            that—
11                          (i) exist as of the date of enactment of
12                     this division; or
13                          (ii) are anticipated in the future;
14            (2) in coordination with the private sector and
15      State, local, territorial, and Tribal governments, and
16      as appropriate, in cooperation with the governments
17      of countries that are allies or key international part-
18      ners of the United States, to—
19                     (A) identify opportunities to reduce supply
20            chain gaps and vulnerabilities in critical indus-
21            tries;
22                     (B) encourage partnerships between the
23            Federal Government and industry, labor organi-
24            zations, and State, local, territorial, and Tribal
25            governments to better respond to supply chain


     † HR 4521 EAS
                                354
1             shocks to critical industries and coordinate re-
2             sponse efforts;
3                    (C) develop or identify opportunities to
4             build the capacity of the United States, or coun-
5             tries that are allies of the United States, in crit-
6             ical industries; and
7                    (D) develop contingency plans and coordi-
8             nation mechanisms to improve critical industry
9             supply chain response to supply chain shocks;
10            and
11            (3) acting within existing authorities of the De-
12      partment of Commerce and in coordination with the
13      Secretary of State and the United States Trade Rep-
14      resentative, to—
15                   (A) work with governments of countries that
16            are allies or partners of the United States to pro-
17            mote diversified and resilient supply chains that
18            ensure the supply of critical goods to both the
19            United States and companies of countries that
20            are allies of the United States; and
21                   (B) coordinate with other divisions of the
22            Department of Commerce and other Federal
23            agencies to leverage existing authorities, as of the
24            date of enactment of this division, to encourage
25            resilient supply chains.


     † HR 4521 EAS
                               355
 1      (e) COORDINATION GROUP.—In carrying out the ac-
 2 tivities under subsection (d), the Secretary may—
 3            (1) establish a unified coordination group, which
 4      may include private sector partners, as appropriate,
 5      to serve as the primary method for coordinating be-
 6      tween and among Federal agencies to plan for supply
 7      chain shocks;
 8            (2) establish subgroups of the unified coordina-
 9      tion group established under paragraph (1) led by the
10      head of an appropriate Federal agency;
11            (3) through the unified coordination group estab-
12      lished under paragraph (1)—
13                   (A) acquire on a voluntary basis technical,
14            engineering, and operational supply chain infor-
15            mation from the private sector, in a manner that
16            ensures any supply chain information provided
17            by the private sector is kept confidential and as
18            required under section 552 of title 5, United
19            States Code (commonly known as the ‘‘Freedom
20            of Information Act)’’;
21                   (B) study the supply chain information ac-
22            quired under subparagraph (A) to assess critical
23            industry supply chain resilience and inform
24            planning;




     † HR 4521 EAS
                                356
1                     (C) convene with relevant private sector en-
2              tities to share best practices, planning, and ca-
3              pabilities to response to potential supply chain
4              shocks; and
5                     (D) develop contingency plans and coordi-
6              nation mechanisms to ensure an effective and co-
7              ordinated response to potential supply chain
8              shocks; and
9              (4) enter into agreements with governments of
10       countries that are allies or partners of the United
11       States relating to enhancing critical industry supply
12       chain security and resilience in response to supply
13       chain shocks.
14       (f) REPORT ON SUPPLY CHAIN RESILIENCY AND DO-
15   MESTIC MANUFACTURING.—

16             (1) IN GENERAL.—Not later than 1 year after
17       the date of enactment of this division, and from time
18       to time thereafter, the Secretary, in coordination with
19       relevant Federal agencies and relevant private sector
20       entities, labor organizations, and State, local, terri-
21       torial, and Tribal governments, shall submit to the
22       relevant committees of Congress a review that—
23                    (A) identifies—
24                        (i) industries that are critical for the
25                    national security of the United States, con-


      † HR 4521 EAS
                                 357
1                    sidering the key technology focus areas
2                    under this division and critical infrastruc-
3                    ture; and
4                          (ii) supplies that are critical to the cri-
5                    sis preparedness of the United States;
6                    (B) describes—
7                          (i) the manufacturing base and supply
8                    chains for critical industries in the United
9                    States as of the date of enactment of this di-
10                   vision, including the manufacturing base
11                   and supply chains for—
12                               (I) raw materials;
13                               (II) production equipment; and
14                               (III) other goods, including semi-
15                         conductors, that are essential to the
16                         production of technologies and supplies
17                         for critical industries; and
18                         (ii) the ability of the United States
19                   to—
20                               (I) maintain readiness; and
21                               (II) in response to a supply chain
22                         shock—
23                                     (aa)   surge   production   in
24                               critical industries; and




     † HR 4521 EAS
                                358
 1                                    (bb) maintain access to crit-
 2                             ical goods and services;
 3                   (C) identifies defense, intelligence, home-
 4            land, economic, domestic labor supply, natural,
 5            geopolitical, or other contingencies that may dis-
 6            rupt, strain, compromise, or eliminate the sup-
 7            ply chain for those critical industries;
 8                   (D) assesses—
 9                        (i) the resiliency and capacity of the
10                   manufacturing base, supply chains, and
11                   workforce of the United States, the allies of
12                   the United States, and the partners of the
13                   United States that can sustain critical in-
14                   dustries through a supply chain shock; and
15                        (ii) any single points of failure in the
16                   supply chains described in clause (i);
17                   (E) assesses the flexible manufacturing ca-
18            pacity and capabilities available in the United
19            States in the case of an emergency;
20                   (F) makes specific recommendations to im-
21            prove the security and resiliency of manufac-
22            turing capacity and supply chains for critical
23            industries by—
24                        (i) developing long-term strategies;




     † HR 4521 EAS
                                   359
 1                            (ii) increasing visibility into the net-
 2                   works and capabilities of suppliers;
 3                            (iii) identifying industry best prac-
 4                   tices;
 5                            (iv) evaluating how diverse supplier
 6                   networks, multi-platform and multi-region
 7                   production capabilities and sources, and in-
 8                   tegrated global and regional supply chains
 9                   can enhance the resilience of—
10                                (I)    critical   industries   in   the
11                            United States;
12                                (II) jobs in the United States;
13                                (III) capabilities of the United
14                            States; and
15                                (IV) the support access of the
16                            United States to needed goods and
17                            services during a supply chain shock;
18                            (v) identifying and mitigating risks,
19                   including—
20                                (I) the financial and operational
21                            risks of a supply chain after a supply
22                            chain shock;
23                                (II) significant vulnerabilities to
24                            extreme weather events, cyberattacks,
25                            pandemic and biological threats, ter-


     † HR 4521 EAS
                               360
 1                       rorist and geopolitical attacks, and
 2                       other emergencies; and
 3                            (III)     exposure   to   gaps   and
 4                       vulnerabilities in—
 5                                    (aa) domestic capacity or ca-
 6                            pabilities; and
 7                                    (bb) sources of imports need-
 8                            ed to sustain critical industries;
 9                       (vi) identifying enterprise resource
10                   planning systems that are—
11                            (I)     compatible   across   supply
12                       chain tiers; and
13                            (II) affordable for small and me-
14                       dium-sized businesses;
15                       (vii) understanding the total cost of
16                   ownership, total value contribution, and
17                   other best practices that encourage strategic
18                   partnerships throughout supply chains;
19                       (viii) understanding Federal procure-
20                   ment opportunities to increase resiliency of
21                   supply chains for goods and services and fill
22                   gaps in domestic purchasing;
23                       (ix) identifying policies that maximize
24                   job retention and creation in the United




     † HR 4521 EAS
                                 361
1                    States, including workforce development
2                    programs;
3                         (x) identifying opportunities to work
4                    with allies or key partners of the United
5                    States in building more resilient critical in-
6                    dustry supply chains and mitigating risks;
7                         (xi) identifying areas requiring further
8                    investment in research and development or
9                    workforce education; and
10                        (xii) identifying such other services as
11                   the Secretary determines necessary;
12                   (G) provides guidance to the Department of
13            Commerce, the National Science Foundation,
14            and other relevant Federal agencies with respect
15            to technologies and supplies that should be
16            prioritized;
17                   (H) with respect to countries that are allies
18            or key partners of the United States—
19                        (i) reviews and, if appropriate, pro-
20                   vides recommendations for expanding the
21                   sourcing of goods associated with critical
22                   industries from those countries; and
23                        (ii) recommends coordination with
24                   those countries on—




     † HR 4521 EAS
                                 362
 1                              (I) sourcing critical raw mate-
 2                         rials, inputs, and products; and
 3                              (II) sustaining production and
 4                         availability of critical supplies during
 5                         a supply chain shock;
 6                    (I) monitors and makes recommendations
 7            for strengthening the financial and operational
 8            health of small and medium-sized businesses in
 9            supply chains of the United States and countries
10            that are allies or partners of the United States
11            to mitigate risks and ensure diverse and com-
12            petitive supplier markets that are less vulnerable
13            to single points of failure; and
14                    (J) assessment of policies, rules, and regula-
15            tions that impact domestic manufacturing oper-
16            ating costs and inhibit the ability for domestic
17            manufacturing to compete with global competi-
18            tors.
19            (2) PROHIBITION.—The report submitted under
20      paragraph (1) may not include—
21                    (A) supply chain information that is not
22            aggregated; or
23                    (B) confidential business information of a
24            private sector entity.
25      (g) SEMICONDUCTOR INCENTIVES.—


     † HR 4521 EAS
                                363
 1             (1) IN GENERAL.—The Secretary shall carry out
 2       the program established under section 9902 of the
 3       William M. (Mac) Thornberry National Defense Au-
 4       thorization Act for Fiscal Year 2021 (Public Law
 5       116–283) as part of the program.
 6             (2)    TECHNICAL       AND    CONFORMING     AMEND-

 7       MENT.—Section 9902(a)(1) of the William M. (Mac)

 8       Thornberry National Defense Authorization Act for
 9       Fiscal Year 2021 (Public Law 116–283) is amended
10       by striking ‘‘in the Department of Commerce’’ and in-
11       serting ‘‘as part of the program established under sec-
12       tion 2505 of the Endless Frontier Act’’.
13       (h) REPORT TO CONGRESS.—Concurrent with the an-
14 nual submission by the President of the budget under sec-
15 tion 1105 of title 31, United States Code, the Secretary shall
16 submit to the relevant committees of Congress a report that
17 contains a summary of every activity carried out under this
18 section during the year covered by the report.
19       (i) COORDINATION.—
20             (1) IN    GENERAL.—In        implementing the pro-
21       gram, the Secretary shall, as appropriate coordinate
22       with—
23                    (A) the heads of Federal agencies, includ-
24             ing—
25                        (i) the Secretary of State; and


      † HR 4521 EAS
                                   364
 1                         (ii) the United States Trade Represent-
 2                    ative; and
 3                    (B) the Attorney General and the Federal
 4             Trade Commission with respect to—
 5                         (i) advice on the design and activities
 6                    of the unified coordination group described
 7                    in subsection (e)(1); and
 8                         (ii) ensuring compliance with Federal
 9                    antitrust law.
10             (2) SPECIFIC COORDINATION.—In implementing
11       the program, with respect to supply chains involving
12       specific sectors, the Secretary shall, as appropriate,
13       coordinate with—
14                    (A) the Secretary of Defense;
15                    (B) the Secretary of Homeland Security;
16                    (C) the Secretary of the Treasury;
17                    (D) the Secretary of Energy;
18                    (E) the Secretary of Transportation;
19                    (F) the Secretary of Agriculture;
20                    (G) the Director of National Intelligence;
21             and
22                    (H) the heads of other relevant agencies.
23       (j) RULE OF CONSTRUCTION.—Nothing in this section
24 shall be construed to require any private entity—
25             (1) to share information with the Secretary;


      † HR 4521 EAS
                               365
1             (2) to request assistance from the Secretary; or
2             (3) that requests assistance from the Secretary to
3       implement any measure or recommendation suggested
4       by the Secretary.
5       (k) PROTECTIONS.—
 6            (1) IN GENERAL.—
 7                   (A) PROTECTIONS.—Subsections (a)(1), (b),
 8            (c), and (d) of section 2224 of the Homeland Se-
 9            curity Act of 2002 (6 U.S.C. 673) shall apply to
10            the voluntary submission of supply chain infor-
11            mation by a private entity under this section in
12            the same manner as those provisions apply to
13            critical infrastructure information voluntarily
14            submitted to a covered agency for an other infor-
15            mational purpose under that subsection if the
16            voluntary submission is accompanied by an ex-
17            press statement described in paragraph (2) of
18            this subsection; and
19                   (B) REFERENCES.—For the purpose of this
20            subsection, with respect to section 2224 of the
21            Homeland Security Act of 2002 (6 U.S.C.
22            673)—
23                       (i) the express statement described in
24                   subsection (a)(1) of that section shall be




     † HR 4521 EAS
                                 366
1                    deemed to refer to the express statement de-
2                    scribed in paragraph (2) of this subsection;
3                          (ii) references in the subsections de-
4                    scribed in subparagraph (A) to ‘‘this sub-
5                    title’’ shall be deemed to refer to this section;
6                          (iii) the reference to ‘‘protecting crit-
7                    ical infrastructure or protected systems’’ in
8                    subsection (a)(1)(E)(iii) of that section shall
9                    be deemed to refer to carrying out this sec-
10                   tion; and
11                         (iv) the reference to ‘‘critical infra-
12                   structure information’’ in subsections (b)
13                   and (c) of that section shall be deemed to
14                   refer to supply chain information.
15            (2) EXPRESS STATEMENT.—The express state-
16      ment described in this paragraph, with respect to in-
17      formation or records, is—
18                   (A) in the case of written information or
19            records, a written marking on the information or
20            records substantially similar to the following:
21            ‘‘This information is voluntarily submitted to
22            the Federal Government in expectation of protec-
23            tion from disclosure as provided by the provi-
24            sions of section 2505 of the Endless Frontier
25            Act.’’; or


     † HR 4521 EAS
                                367
 1                    (B) in the case of oral information, a writ-
 2             ten statement similar to the statement described
 3             in subparagraph (A) submitted within a reason-
 4             able period following the oral communication.
 5             (3) INAPPLICABILITY TO SEMICONDUCTOR INCEN-
 6       TIVE PROGRAM.—This subsection shall not apply to

 7       the voluntary submission of supply chain information
 8       by a private entity in an application for Federal fi-
 9       nancial assistance under section 9902 of the William
10       M. (Mac) Thornberry National Defense Authorization
11       Act for Fiscal Year 2021 (Public Law 116–283).
12       (l) DETERMINATION RELATED TO OPTICAL TRANS-
13   MISSION EQUIPMENT.—

14             (1) PROCEEDING.—Not later than 45 days after
15       the date of enactment of this division , the Secretary
16       of Commerce shall commence a process to make a de-
17       termination for purposes of sect ion 2 of the Secure
18       and Trusted Communications Networks Act of 2019
19       (47 U.S.C. 1601) whether optical transmission equip-
20       ment manufactured, produced, or distributed by an
21       entity owned, controlled, or supported by the People’s
22       Republic of China poses an unacceptable risk to the
23       national security of the United States or the security
24       and safety of United States persons.




      † HR 4521 EAS
                                368
 1             (2) COMMUNICATION OF DETERMINATION.—If the
 2       Secretary determines pursuant to paragraph (1) that
 3       such optical transmission equipment poses an unac-
 4       ceptable risk consistent with that paragraph, the Sec-
 5       retary shall immediately transmit that determination
 6       to the Federal Communications Commission con-
 7       sistent with section 2 of the Secure and Trusted Com-
 8       munications Networks Act of 2019 (47 U.S.C. 1601).
 9   SEC. 2506. SEMICONDUCTOR INCENTIVES.

10       (a) DEFINITIONS.—Section 9901 of the William M.
11 (Mac) Thornberry National Defense Authorization Act for
12 Fiscal Year 2021 (Public Law 116–283) is amended—
13             (1) by redesignating paragraphs (4), (5), (6),
14       (7), (8), and (9) as paragraphs (5), (6), (7), (8), (10),
15       and (11), respectively;
16             (2) by inserting after paragraph (3) the fol-
17       lowing:
18             ‘‘(4) The term ‘critical manufacturing indus-
19       try’—
20                    ‘‘(A) means an industry—
21                        ‘‘(i) that is assigned a North American
22                    Industry Classification System code begin-
23                    ning with 31, 32, or 33; and
24                        ‘‘(ii) for which the industry compo-
25                    nents that are assigned a North American


      † HR 4521 EAS
                               369
1                    Industry Classification System code begin-
2                    ning with the same 4 digits as the indus-
3                    try—
4                             ‘‘(I) manufacture primary prod-
5                        ucts and parts, the sum of which ac-
6                        count for not less than 5 percent of the
7                        manufacturing value added by indus-
8                        try gross domestic product of the
9                        United States; and
10                            ‘‘(II) employ individuals for pri-
11                       mary products and parts manufac-
12                       turing activities that, combined, ac-
13                       count for not less than 5 percent of
14                       manufacturing     employment     in    the
15                       United States; and
16                   ‘‘(B) may include any other manufacturing
17            industry designated by the Secretary based on
18            the relevance of the manufacturing industry to
19            the national and economic security of the United
20            States, including the impacts of job losses.’’;
21            (3) by inserting after paragraph (8), as so redes-
22      ignated, the following:
23            ‘‘(9) The term ‘mature technology node’ has the
24      meaning given the term by the Secretary.’’.




     † HR 4521 EAS
                                370
 1      (b) SEMICONDUCTOR PROGRAM.—Section 9902 of the
 2 William M. (Mac) Thornberry National Defense Authoriza-
 3 tion Act for Fiscal Year 2021 (Public Law 116–283) is
 4 amended—
 5            (1) in subsection (a)(2)—
 6                   (A) in subparagraph (B)(ii)—
 7                        (i) in subclause (III), by striking
 8                   ‘‘and’’ at the end;
 9                        (ii) in subclause (IV), by striking the
10                   period at the end and inserting ‘‘and’’; and
11                        (iii) by adding at the end the fol-
12                   lowing:
13                             ‘‘(V) determined—
14                                    ‘‘(aa) the type of semicon-
15                             ductor technology the covered enti-
16                             ty will produce at the facility de-
17                             scribed in clause (i); and
18                                    ‘‘(bb) the customers to which
19                             the covered entity plans to sell the
20                             semiconductor      technology    de-
21                             scribed in item (aa).’’;
22                   (B) in subparagraph (C)—
23                        (i) in clause (i)—
24                             (I) in subclause (II), by striking
25                        ‘‘is in the interest of the United


     † HR 4521 EAS
                                  371
 1                         States’’ and inserting ‘‘is in the eco-
 2                         nomic and national security interests
 3                         of the United States’’; and
 4                                (II) in subclause (III), by striking
 5                         ‘‘and’’ at the end;
 6                         (ii) in clause (ii)(IV), by striking
 7                   ‘‘and’’ at the end;
 8                         (iii) by redesignating clause (iii) as
 9                   clause (iv); and
10                         (iv) by inserting after clause (ii) the
11                   following:
12                         ‘‘(iii) the Secretary shall consider the
13                   type of semiconductor technology produced
14                   by the covered entity and whether that semi-
15                   conductor technology advances the economic
16                   and national security interests of the
17                   United States; and’’;
18                   (C) by redesignating subparagraph (D) as
19            subparagraph (E); and
20                   (D) by inserting after subparagraph (C) the
21            following:
22                   ‘‘(D) PRIORITY.—In awarding Federal fi-
23            nancial assistance to covered entities under sub-
24            section (a), the Secretary shall give priority to




     † HR 4521 EAS
                                 372
 1             ensuring that a covered entity receiving finan-
 2             cial assistance will—
 3                          ‘‘(i) manufacture semiconductors nec-
 4                    essary to address gaps and vulnerabilities
 5                    in the domestic supply chain across a di-
 6                    verse range of technology and process nodes;
 7                    and
 8                          ‘‘(ii) provide a secure supply of semi-
 9                    conductors necessary for the national secu-
10                    rity, manufacturing, critical infrastructure,
11                    and technology leadership of the United
12                    States and other essential elements of the
13                    economy of the United States.’’; and
14             (2) by adding at the end the following:
15       ‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress
16 that, in carrying out subsection (a), the Secretary should
17 allocate funds in a manner that—
18             ‘‘(1) strengthens the security and resilience of the
19       semiconductor supply chain, including by mitigating
20       gaps and vulnerabilities;
21             ‘‘(2) provides a supply of secure semiconductors
22       relevant for national security;
23             ‘‘(3) strengthens the leadership of the United
24       States in semiconductor technology;




      † HR 4521 EAS
                                 373
1              ‘‘(4) grows the economy of the United States and
2        supports job creation in the United States; and
3              ‘‘(5) improves the resiliency of the semiconductor
4        supply chains of critical manufacturing industries.
5        ‘‘(e) ADDITIONAL ASSISTANCE FOR MATURE TECH-
 6   NOLOGY NODES.—

 7             ‘‘(1) IN GENERAL.—The Secretary shall establish
 8       within the program established under subsection (a)
 9       an additional program that provides Federal finan-
10       cial assistance to covered entities to incentivize invest-
11       ment in facilities and equipment in the United States
12       for the fabrication, assembly, testing, or advanced
13       packaging of semiconductors at mature technology
14       nodes.
15             ‘‘(2)    ELIGIBILITY     AND   REQUIREMENTS.—In

16       order for an entity to qualify to receive Federal fi-
17       nancial assistance under this subsection, the covered
18       entity shall—
19                     ‘‘(A) submit an application under sub-
20             section (a)(2)(A);
21                     ‘‘(B) meet the eligibility requirements under
22             subsection (a)(2)(B);
23                     ‘‘(C)(i) provide equipment or materials for
24             the fabrication, assembly, testing, or advanced




      † HR 4521 EAS
                               374
 1            packaging of semiconductors at mature tech-
 2            nology nodes in the United States; or
 3                   ‘‘(ii) fabricate, assemble using advanced
 4            packaging, or test semiconductors at mature
 5            technology nodes in the United States;
 6                   ‘‘(D) commit to using any Federal financial
 7            assistance received under this section to increase
 8            the production of semiconductors at mature tech-
 9            nology nodes; and
10                   ‘‘(E) be subject to the considerations de-
11            scribed in subsection (a)(2)(C).
12            ‘‘(3) PROCEDURES.—In granting Federal finan-
13      cial assistance to covered entities under this sub-
14      section, the Secretary may use the procedures estab-
15      lished under subsection (a).
16            ‘‘(4) CONSIDERATIONS.—In addition to the con-
17      siderations described in subsection (a)(2)(C), in
18      granting Federal financial assistance under this sec-
19      tion, the Secretary may consider whether a covered
20      entity produces or supplies equipment or materials
21      used in the fabrication, assembly, testing, or advanced
22      packaging of semiconductors at mature technology
23      nodes that are necessary to support a critical manu-
24      facturing industry.




     † HR 4521 EAS
                               375
 1               ‘‘(5) PRIORITY.—In awarding Federal financial
 2       assistance to covered entities under this subsection,
 3       the Secretary shall give priority to covered entities
 4       that support the resiliency of semiconductor supply
 5       chains for critical manufacturing industries in the
 6       United States.
 7               ‘‘(6) AUTHORIZATION   OF   APPROPRIATIONS.—

 8       There are authorized to be appropriated to the Sec-
 9       retary to carry out this subsection $2,000,000,000,
10       which shall remain available until expended.
11       ‘‘(f) CONSTRUCTION PROJECTS.—Section 602 of the
12 Public Works and Economic Development Act of 1965 (42
13 U.S.C. 3212) shall apply to a construction project that re-
14 ceives financial assistance from the Secretary under this
15 section.’’.
16       (c) ADVANCED MICROELECTRONICS RESEARCH AND
17 DEVELOPMENT.—Section 9906 of the William M. (Mac)
18 Thornberry National Defense Authorization Act for Fiscal
19 Year 2021 (Public Law 116–283) is amended by adding
20 at the end the following:
21       ‘‘(h) INFRASTRUCTURE GRANTS.—Section 602 of the
22 Public Works and Economic Development Act of 1965 (42
23 U.S.C. 3212) shall apply to a construction project that re-
24 ceives financial assistance from the Secretary under this
25 section.’’.


      † HR 4521 EAS
                                 376
 1   SEC. 2507. RESEARCH INVESTMENT TO SPARK THE ECON-

 2                    OMY ACT.

 3       (a) DEFINITIONS.—In this section:
 4             (1) AWARD.—The term ‘‘award’’ includes a
 5       grant, cooperative agreement, or other financial as-
 6       sistance.
 7             (2) COVID–19 PUBLIC HEALTH EMERGENCY.—
 8       The term ‘‘COVID–19 public health emergency’’
 9       means the public health emergency declared by the
10       Secretary of Health and Human Services under sec-
11       tion 319 of the Public Health Service Act (42 U.S.C.
12       247d) on January 31, 2020, with respect to the
13       Coronavirus Disease 2019 (COVID–19).
14             (3) RESEARCH        INSTITUTION.—The    term ‘‘re-
15       search institution’’ means the following:
16                     (A) An institution of higher education (as
17             defined in section 101(a) of the Higher Edu-
18             cation Act of 1965 (20 U.S.C. 1001(a))).
19                     (B) A Tribal College or University (as de-
20             fined in section 316 of the Higher Education Act
21             of 1965 (20 U.S.C. 1059c)).
22                     (C) A nonprofit entity that conducts Feder-
23             ally funded research.
24             (4) RESEARCH       LABORATORY.—The      term ‘‘Re-
25       search Laboratory’’ means the following:


      † HR 4521 EAS
                                  377
 1                    (A) A National Laboratory (as defined in
 2              section 2 of the Energy Policy Act of 2005 (42
 3              U.S.C. 15801)).
 4                    (B) A Federally Funded Research and De-
 5              velopment Center for purposes of section 35.017
 6              of title 48, Code of Federal Regulations, or a suc-
 7              cessor regulation.
 8          (b) AWARD AND MODIFICATION OF GRANTS, COOPERA-
 9   TIVE    AGREEMENTS AND OTHER FINANCIAL ASSISTANCE
10   FOR    INSTITUTIONS OF HIGHER EDUCATION, RESEARCH
11 LABORATORIES, AND OTHER RESEARCH INSTITUTIONS TO
12 ADDRESS MATTERS RELATING TO DISRUPTION CAUSED BY
13 COVID–19.—
14              (1) IN    GENERAL.—Each      officer specified in
15          paragraph (2) may exercise the authorities described
16          in paragraph (3).
17              (2) OFFICERS.—The officers specified in this
18          paragraph are as follows:
19                    (A) The Secretary of Commerce, acting
20              through the Administrator of the National Oce-
21              anic and Atmospheric Administration and the
22              Director of the National Institute of Standards
23              and Technology.
24                    (B) The Secretary of Agriculture.
25                    (C) The Secretary of Defense.


      † HR 4521 EAS
                                378
1                    (D) The Secretary of Education.
2                    (E) The Secretary of Energy, acting for the
3             Department of Energy (with respect to Energy
4             Efficiency and Renewable Energy, Nuclear En-
5             ergy, and Fossil Research and Development) and
6             through the Office of Science, the Advanced Re-
7             search Projects Agency–Energy (ARPA–E), and
8             the Office of Electricity.
9                    (F) The Secretary of Interior, acting
10            through the Director of the United States Geo-
11            logical Survey.
12                   (G) The Secretary of Health and Human
13            Services, acting through the Director of the Na-
14            tional Institutes of Health.
15                   (H) The Secretary of Transportation.
16                   (I) The Administrator of the National Aero-
17            nautics and Space Administration.
18                   (J) The Administrator of the Environ-
19            mental Protection Agency.
20                   (K) The Director of the National Science
21            Foundation.
22            (3) AUTHORITIES.—The officers specified in
23      paragraph (2) may—
24                   (A) provide supplemental funding to extend
25            the duration of an award disrupted because of


     † HR 4521 EAS
                                379
1             the COVID–19 public health emergency to a re-
2             search institution, Research Laboratory, or indi-
3             vidual that was awarded before the date of the
4             enactment of this division, or to expand the pur-
5             poses of such an award, in order to—
6                         (i) enable a postsecondary student or
7                    post-doctoral researcher to complete work;
8                         (ii) enable research scientists, technical
9                    staff, research associates, and principal in-
10                   vestigators to complete work;
11                        (iii) extend the training of a postsec-
12                   ondary student, or the employment of a
13                   post-doctoral researcher, on an ongoing re-
14                   search project for up to 2 years because of
15                   the disruption of the job market;
16                        (iv) create research opportunities for
17                   up to 2 years for graduate students and
18                   post-doctoral researchers;
19                        (v) replace, refurbish, or otherwise
20                   make usable laboratory animals, reagents,
21                   equipment, or other items required for re-
22                   search;
23                        (vi) facilitate other research (including
24                   field work), training, and ongoing construc-
25                   tion activities, including at institutions


     † HR 4521 EAS
                                380
1                    that are disproportionately affected by the
2                    COVID–19 public health emergency (such
3                    as minority-serving institutions and 2-year
4                    institutions of higher education);
5                         (vii) enable experimental field cam-
6                    paigns and maintenance of field infrastruc-
7                    ture, including through replacement of dis-
8                    rupted experimental data to enable comple-
9                    tion of impacted research; and
10                        (viii) support training in online course
11                   delivery and virtual research experiences
12                   that will improve quality and access needed
13                   to continue undergraduate, graduate, and
14                   post-doctoral training;
15                   (B) issue awards to research institutions,
16            Research Laboratories, or other individuals to
17            conduct research on the effects of the Coronavirus
18            Disease 2019 and future potential pandemics, on
19            the effects and effectiveness of responses to such
20            diseases, and on improving the prediction of the
21            possible courses of such pandemics; and
22                   (C) provide flexibility on an award for
23            funds made available to an agency, by any prior
24            or subsequent Act, by modifying the terms and
25            conditions of the award with a research institu-


     † HR 4521 EAS
                                381
 1              tion, Research Laboratory, or individual due to
 2              facility closures or other limitations during the
 3              COVID–19 public health emergency.
 4              (4) MODIFICATIONS.—The modifications author-
 5        ized by paragraph (3)(C) include, but are not limited
 6        to—
 7                     (A) the provision of supplemental funding
 8              to extend the duration of the award concerned;
 9              and
10                     (B) flexibility on the allowable expenses
11              under such award.
12        (c) PROCEDURES.—The officers specified in subsection
13 (b)(2) shall each establish procedures to carry out subsection
14 (b).
15        (d) EXPEDITED AWARDS.—Awards under subsection
16 (b) shall be issued as expeditiously as possible.
17   SEC. 2508. OFFICE OF MANUFACTURING AND INDUSTRIAL

18                    INNOVATION POLICY.

19        (a) FINDINGS.—Congress finds the following:
20              (1) The general welfare, security, and economic
21        health and stability of the United States require a
22        long-term, substantial, coordinated, and multidisci-
23        plinary strategy and implementation of cohesive ob-
24        jectives to remain at the forefront of industrial inno-
25        vation.


      † HR 4521 EAS
                              382
1             (2) The large and complex innovative and tech-
2       nological capabilities of global supply chains and
3       manufacturing economies, which influence the course
4       of national and international manufacturing and in-
5       novative relevance, require appropriate attention, in-
6       cluding long-range inclusive planning and more im-
7       mediate program development, to encourage and sup-
8       port private manufacturing growth in the United
9       States and participation in the public decision-mak-
10      ing process.
11            (3) The innovative and manufacturing capabili-
12      ties of business in the United States, when properly
13      fostered, applied, and supported, can effectively assist
14      in improving the quality of life for people in the
15      United States, in anticipating and addressing emerg-
16      ing international, national, and local problems, and
17      strengthening the international economic engagement
18      and pioneering leadership of the United States.
19            (4) Just as Federal funding for science and tech-
20      nology represents an investment in the future, strate-
21      gically addressing gaps in the innovation pipeline of
22      the United States would—
23                   (A) contribute to converting research and
24            development investments into high-value, quality




     † HR 4521 EAS
                               383
1             job-creating product production and capture do-
2             mestic and global markets; and
3                    (B) strengthen the economic posture of the
4             United States.
5             (5) The capabilities of the United States at both
6       the Federal and State levels need enhanced strategic
7       planning and influence over policy formulation for
8       industrial innovation and technology development, as
9       well as a means to ensure an adequate workforce.
10      (b) SENSE OF CONGRESS.—
11            (1) PRIORITY GOALS.—It is the sense of Congress
12      that manufacturing and industrial innovation should
13      include contributing to the following priority goals:
14                   (A) Taking concrete national action to re-
15            build, restore, and expand domestic manufac-
16            turing capabilities, skills, and production capac-
17            ity, including world-class infrastructure.
18                   (B) Rebuilding the industrial innovation
19            commons, including common resources, technical
20            knowledge, and entrepreneurial opportunities as-
21            sociated with technical concepts.
22                   (C) Supporting domestic supply chains.
23                   (D) Expanding production capabilities, co-
24            operation, and knowledge.




     † HR 4521 EAS
                               384
1                    (E) Revitalizing communities harmed by
2             historical and poorly conceived, implemented,
3             and enforced regulatory and trade policies.
4                    (F) Developing a strategy for innovation
5             and establishment of manufacturing industries of
6             the future, including adoption and production of
7             Industry 4.0 technology to support domestic eco-
8             nomic expansion, particularly manufacturers
9             with fewer than 800 employees, and in tradition-
10            ally underserved communities.
11                   (G) Contributing to national health and se-
12            curity and emergency readiness and resilience,
13            including addressing environmental concerns.
14                   (H) Strengthening the economy of the
15            United States and promoting full employment in
16            high-quality, high-wage jobs through useful in-
17            dustrial and technological innovation.
18                   (I) Cultivating, utilizing, and enhancing
19            academic and industrial thought-leadership with
20            practical workforce development and training to
21            the fullest extent possible.
22                   (J) Implementing a national strategy that
23            identifies and prioritizes high growth, high
24            value-added industries, products, and compo-
25            nents of national importance to the long-term


     † HR 4521 EAS
                                    385
1             economic, environmental, national security, and
2             public health of the United States.
 3            (2) NATIONAL POLICY.—In view of the findings
 4      under subsection (a), it is the sense of Congress that
 5      the Federal Government and public and private insti-
 6      tutions in the United States should pursue a national
 7      policy of manufacturing and industrial innovation
 8      that includes the following principles:
 9                   (A) Ensuring global leadership in advanced
10            manufacturing technologies critical to the long-
11            term economic, environmental, and public health
12            of the United States, and to the long-term na-
13            tional security of the United States.
14                   (B) Restoring and strengthening the indus-
15            trial commons of the United States, including—
16                        (i) essential engineering and produc-
17                   tion skills;
18                        (ii) infrastructure for research and de-
19                   velopment, standardization, and metrology;
20                        (iii) process innovations and manufac-
21                   turing know-how;
22                        (iv) equipment; and
23                        (v) suppliers that provide the founda-
24                   tion for the innovativeness and competitive-




     † HR 4521 EAS
                               386
1                    ness of all manufacturers in the United
2                    States.
3                    (C) Strengthening the technical, financial,
4             and educational commons and assets necessary
5             to ensure that the United States is the best posi-
6             tioned nation for the creation and production of
7             advanced technologies and products emerging
8             from national research and development invest-
9             ments.
10                   (D) Capitalizing on the scientific and tech-
11            nological advances produced by researchers and
12            innovators in the United States by developing
13            capable and responsive institutions focused on
14            advancing the technology and manufacturing
15            readiness levels of those advances.
16                   (E) Supporting the discovery, invention,
17            start-up, ramp-up, scale-up, and transition of
18            new products and manufacturing technologies to
19            full-scale production in the United States.
20                   (F) Addressing the evolving needs of manu-
21            facturers for a diverse set of workers with the
22            necessary skills, training, and expertise as man-
23            ufacturers in the United States increase high-
24            quality, high-wage employment opportunities.




     † HR 4521 EAS
                              387
1                    (G) Improving and expanding manufac-
2             turing engineering and technology offerings with-
3             in institutions of higher education, including 4-
4             year engineering technology programs at poly-
5             technic institutes and secondary schools, to be
6             more closely aligned with the needs of manufac-
7             turers in the United States and the goal of
8             strengthening the long-term competitiveness of
9             such manufacturing.
10                   (H) Working collaboratively with Federal
11            agencies, State and local governments, Tribal
12            governments, regional authorities, institutions of
13            higher education, economic development organi-
14            zations, and labor organizations that primarily
15            represent workers in manufacturing to leverage
16            their knowledge, resources, applied research, ex-
17            perimental development, and programs to foster
18            manufacturing in the United States so as to an-
19            ticipate and prepare for emergencies and global,
20            national, and regional supply chain disruptions,
21            including disruptions brought on and exacer-
22            bated by changing environmental and other cir-
23            cumstances.
24                   (I) Recognizing that, as changing cir-
25            cumstances require the periodic revision and ad-


     † HR 4521 EAS
                                  388
1             aptation of this section, Congress is responsible
2             for—
3                         (i) identifying and interpreting the
4                    changes in those circumstances as they
5                    occur; and
6                         (ii) affecting subsequent changes to this
7                    section, as appropriate.
8                    (J) Reforming rules, regulations, and pol-
9             icy, which negatively impact domestic manufac-
10            turing.
11            (3) PROCEDURES.—It is the sense of Congress
12      that, in order to expedite and facilitate the implemen-
13      tation of the national policy described in paragraph
14      (2)—
15                   (A) Federal procurement policy should—
16                        (i) prioritize and encourage domestic
17                   manufacturing and robust domestic supply
18                   chains;
19                        (ii) support means of expanding do-
20                   mestic manufacturing job creation;
21                        (iii) enhance manufacturing workforce
22                   preparedness;
23                        (iv)    prioritize   the   development   of
24                   means to support diversity and inclusion




     † HR 4521 EAS
                                  389
1                    throughout the manufacturing and indus-
2                    trial sector;
3                           (v) promote the consideration of, and
4                    support to, minority-owned and women-
5                    owned manufacturing contractors of the
6                    Federal Government; and
7                           (vi) support the ingenuity and entre-
8                    preneurship of the United States by pro-
9                    viding enhanced attention to manufacturing
10                   startups and small businesses in the United
11                   States;
12                   (B) Federal trade and monetary policies
13            should—
14                          (i) ensure that global competition in
15                   manufacturing is free, open, and fair;
16                          (ii) prioritize policies and investments
17                   that      support    domestic   manufacturing
18                   growth and innovation; and
19                          (iii) not be utilized to offshore poor
20                   manufacturing working conditions or de-
21                   structive       manufacturing   environmental
22                   practices;
23                   (C) Federal policies and practices should
24            reasonably prioritize competitiveness for manu-
25            facturing and industrial innovation efforts in


     † HR 4521 EAS
                                390
1             the United States, but should not sacrifice the
2             quality of employment opportunities, including
3             the health and safety of workers, pay, and bene-
4             fits;
5                     (D) Federal manufacturing and industrial
6             innovation policies, practices, and priorities
7             should reasonably improve environmental sus-
8             tainability within the manufacturing industry,
9             while minimizing economic impact;
10                    (E) Federal patent policies should be devel-
11            oped, based on uniform principles, which have as
12            their objective to preserve incentives for indus-
13            trial technological innovation and the applica-
14            tion of procedures that will continue to assure
15            the full use of beneficial technology to serve the
16            public;
17                    (F) Federal efforts should promote and sup-
18            port a strong system of intellectual property
19            rights to include trade secrets, through both pro-
20            tection of intellectual property rights and en-
21            forcement against intellectual property theft, and
22            broad engagement to limit foreign efforts to ille-
23            gally or inappropriately utilize compromised in-
24            tellectual property;




     † HR 4521 EAS
                                 391
 1                   (G) closer relationships should be encour-
 2            aged among practitioners of scientific and tech-
 3            nological research and development and those
 4            who apply those foundations to domestic com-
 5            mercial manufacturing;
 6                   (H) the full use of the contributions of man-
 7            ufacturing and industrial innovation to support
 8            State and local government goals should be en-
 9            couraged;
10                   (I) formal recognition should be accorded to
11            those persons, the manufacturing and industrial
12            innovation achievements of which contributed
13            significantly to the national welfare; and
14                   (J) departments, agencies, and instrumen-
15            talities of the Federal Government should estab-
16            lish procedures to ensure among them the system-
17            atic interchange of data, efforts, and findings de-
18            veloped under their programs.
19                   (K) policies, rules, and regulations that neg-
20            atively impact domestic manufacturing should be
21            reformed.
22            (4) IMPLEMENTATION.—To implement the na-
23      tional policy described in paragraph (2), it is the
24      sense of Congress—
25                   (A) that—


     † HR 4521 EAS
                                  392
 1                       (i) the Federal Government should
 2                   maintain integrated policy planning ele-
 3                   ments in the executive branch that assist
 4                   agencies in such branch in—
 5                            (I) identifying problems and ob-
 6                       jectives that could be addressed or en-
 7                       hanced by public policy;
 8                            (II) mobilizing industrial and in-
 9                       novative manufacturing resources for
10                       national security and emergency re-
11                       sponse purposes;
12                            (III) securing appropriate fund-
13                       ing for programs so identified by the
14                       President or the Chief Manufacturing
15                       Officer;
16                            (IV) anticipating future concerns
17                       to which industrial and innovative
18                       manufacturing can contribute and de-
19                       vise industrial strategies for such pur-
20                       poses;
21                            (V) reviewing systematically the
22                       manufacturing and industrial innova-
23                       tion policy and programs of the Fed-
24                       eral Government and recommending




     † HR 4521 EAS
                                 393
 1                         legislative amendments to those policies
 2                         and programs when needed; and
 3                              (VI) reforming policies, rules, and
 4                         regulations that harm domestic manu-
 5                         facturing and inhibit domestic manu-
 6                         facturing from competing with global
 7                         competitors; and
 8                         (ii) the elements described in clause (i)
 9                   should include a data collection, analysis,
10                   and advisory mechanism within the Execu-
11                   tive Office of the President to provide the
12                   President with independent, expert judg-
13                   ment and assessments of the complex manu-
14                   facturing and industrial features involved;
15                   and
16                   (B) that it is the responsibility of the Fed-
17            eral Government to—
18                         (i) promote prompt, effective, reliable,
19                   and systematic dissemination of manufac-
20                   turing and industrial information—
21                              (I) by such methods as may be
22                         appropriate; and
23                              (II) through efforts conducted by
24                         nongovernmental     organizations,   in-




     † HR 4521 EAS
                               394
 1                       cluding industrial groups, technical so-
 2                       cieties, and educational entities;
 3                       (ii) coordinate and develop a manufac-
 4                   turing industrial strategy and facilitate the
 5                   close coupling of this manufacturing strat-
 6                   egy with commercial manufacturing appli-
 7                   cation; and
 8                       (iii) enhance domestic development and
 9                   utilization of such industrial information
10                   by prioritization of efforts with manufac-
11                   turers, the production of which takes place
12                   in the United States.
13      (c) ESTABLISHMENT.—
14            (1) IN GENERAL.—The President shall appoint,
15      by and with the advice and consent of the Senate, a
16      Chief Manufacturing Officer to serve within the Exec-
17      utive Office of the President.
18            (2) OFFICE.—
19                   (A) IN GENERAL.—There is established in
20            the Executive Office of the President an Office of
21            Manufacturing and Industrial Innovation Policy
22            (referred to in this section as the ‘‘Office’’).
23                   (B) CMO.—The Chief Manufacturing Officer
24            shall—
25                       (i) head the Office; and


     † HR 4521 EAS
                                  395
1                            (ii) serve as a source of manufacturing
2                    and industrial innovation analysis and
3                    judgment for the President and the Director
4                    of the National Economic Council with re-
5                    spect to the major policies, plans, and pro-
6                    grams of the Federal Government relating
7                    to manufacturing and industrial innova-
8                    tion.
9       (d) CHIEF MANUFACTURING OFFICER; ASSOCIATE
10 MANUFACTURING OFFICERS.—
11            (1) CHIEF MANUFACTURING OFFICER.—
12                   (A) FUNCTIONS.—
13                           (i) PRIMARY FUNCTION.—To the extent
14                   consistent with law, the Chief Manufac-
15                   turing Officer shall report to the President,
16                   and such agencies within the Executive Of-
17                   fice of the President and the Director of the
18                   National Economic Council, as may be ap-
19                   propriate, on issues regarding and impact-
20                   ing manufacturing and industrial innova-
21                   tion efforts of the Federal Government, or of
22                   the private sector, that require attention at
23                   the highest levels of the Federal Government.
24                           (ii) OTHER    FUNCTIONS.—The     Chief
25                   Manufacturing Officer shall—


     † HR 4521 EAS
                             396
 1                       (I) advise the President on manu-
 2                   facturing and industrial innovation
 3                   considerations relating to areas of na-
 4                   tional concern, including—
 5                                 (aa) the economy of the
 6                       United States;
 7                                 (bb) national security;
 8                                 (cc) public health;
 9                                 (dd) the workforce of the
10                       United States;
11                                 (ee) education;
12                                 (ff) foreign relations (includ-
13                       ing       trade    and      supply   chain
14                       issues);
15                                 (gg) the environment; and
16                                 (hh) technological innovation
17                       in the United States;
18                       (II) convene stakeholders, includ-
19                   ing key industry stakeholders, aca-
20                   demic     stakeholders,      defense     stake-
21                   holders, governmental stakeholders, and
22                   stakeholders from nonprofit organiza-
23                   tions and labor organizations that pri-
24                   marily represent workers in manufac-
25                   turing, to develop the national stra-


     † HR 4521 EAS
                             397
 1                   tegic plan required under subsection
 2                   (f);
 3                           (III) evaluate the scale, quality,
 4                   and effectiveness of the effort of the
 5                   Federal Government to support manu-
 6                   facturing and industrial innovation by
 7                   the Federal Government or by the pri-
 8                   vate sector, and advise on appropriate
 9                   actions;
10                           (IV) to the extent consistent with
11                   law, report to the President, the Direc-
12                   tor of the National Economic Council,
13                   the Director of the Office of Manage-
14                   ment Budget, and such agencies within
15                   the Executive Office of the President as
16                   may be appropriate, advise the Presi-
17                   dent on the budgets, regulations, and
18                   regulatory reforms of agencies of the
19                   executive branch of the Federal Govern-
20                   ment with respect to issues concerning
21                   manufacturing and industrial innova-
22                   tion;
23                           (V) to the extent consistent with
24                   law, assist the President and the Direc-
25                   tor of the National Economic Council


     † HR 4521 EAS
                                398
 1                         in providing general leadership and
 2                         coordination of activities and policies
 3                         of the Federal Government relating to
 4                         and impacting manufacturing and in-
 5                         dustrial innovation; and
 6                              (VI) perform such other functions,
 7                         duties, and activities as the President
 8                         and the Director of the National Eco-
 9                         nomic Council may assign.
10                   (B) AUTHORITIES.—In carrying out the du-
11            ties and functions under this section, the Chief
12            Manufacturing Officer may—
13                         (i) appoint such officers and employees
14                   as may be determined necessary to perform
15                   the functions vested in the position and to
16                   prescribe the duties of such officers and em-
17                   ployees;
18                         (ii) obtain services as authorized under
19                   section 3109 of title 5, United States Code,
20                   at rates not to exceed the rate prescribed for
21                   grade GS–15 of the General Schedule under
22                   section 5332 of title 5, United States Code;
23                   and
24                         (iii) enter into contracts and other ar-
25                   rangements for studies, analysis, and other


     † HR 4521 EAS
                               399
 1                   services with public agencies and with pri-
 2                   vate persons, organizations, or institutions,
 3                   and make such payments as determined
 4                   necessary to carry out the provisions of this
 5                   section without legal consideration, without
 6                   performance bonds, and without regard to
 7                   section 6101 of title 41, United States Code.
 8            (2) ASSOCIATE DIRECTORS.—
 9                   (A) IN   GENERAL.—The       Chief Manufac-
10            turing Officer may appoint not more than 5 As-
11            sociate Directors, to be known as Associate Man-
12            ufacturing Officers to carry out such functions
13            as may be prescribed by the Chief Manufacturing
14            Officer.
15                   (B) COMPENSATION.—Each Associate Man-
16            ufacturing Officer shall be compensated at a rate
17            not to exceed that provided for level III of the
18            Executive Schedule under section 5314 title 5,
19            United States Code.
20      (e) POLICY PLANNING, ANALYSIS, AND ADVICE.—
21            (1) IN GENERAL.—In carrying out the provisions
22      of this section, the Chief Manufacturing Officer
23      shall—
24                   (A) monitor the status of technological de-
25            velopments, critical production capacity, skill


     † HR 4521 EAS
                               400
1             availability, investment patterns, emerging de-
2             fense needs, and other key indicators of manufac-
3             turing competitiveness to—
4                        (i) provide foresight for periodic up-
5                    dates to the national strategic plan required
6                    under subsection (f); and
7                        (ii) guide investment decisions;
8                    (B) convene interagency and public-private
9             working groups to align Federal policies that
10            drive implementation of the national strategic
11            plan required under subsection (f);
12                   (C) initiate and support translation re-
13            search in engineering and manufacturing by en-
14            tering into contracts or making other arrange-
15            ments (including grants, awards, cooperative
16            agreements, loans, and other forms of assistance)
17            to study that research and to assess the impact
18            of that research on the economic well-being, cli-
19            mate and environmental impact, public health,
20            and national security of the United States;
21                   (D) report to the President and the Director
22            of the National Economic Council on the extent
23            to which the various programs, policies, and ac-
24            tivities of the Federal Government are likely to




     † HR 4521 EAS
                                401
1             affect the achievement of priority goals of the
2             United States described in subsection (b)(1);
3                     (E) annually survey the nature and needs
4             of the policies relating to national manufac-
5             turing and industrial innovation and make rec-
6             ommendations to the President and the Director
7             of the National Economic Council, for review
8             and submission to Congress, for the timely and
9             appropriate revision of the manufacturing and
10            industrial innovation policies of the Federal
11            Government, including the reform of policies,
12            rules, and regulations that harm domestic manu-
13            facturing and inhibit the ability for domestic
14            manufacturing to compete with global competi-
15            tors;
16                    (F) perform such other duties and functions
17            and make and furnish such studies and reports
18            thereon, and recommendations with respect to
19            matters of policy and legislation as the President
20            and the Director of the National Economic
21            Council may request; and
22                    (G) coordinate, as appropriate, Federal per-
23            mitting with respect to manufacturing and in-
24            dustrial innovation.




     † HR 4521 EAS
                                402
1             (2) INTERGOVERNMENTAL MANUFACTURING AND
2       INDUSTRIAL INNOVATION PANEL.—

 3                   (A) ESTABLISHMENT.—The Chief Manufac-
 4            turing Officer shall establish an Intergovern-
 5            mental Manufacturing and Industrial Innova-
 6            tion Panel (referred to in this section as the
 7            ‘‘Panel’’) within the Office, the purpose of which
 8            shall be to—
 9                        (i) identify instances in which the
10                   policies of the Federal Government—
11                              (I) with respect to manufacturing
12                        and industrial innovation can help ad-
13                        dress problems at the State and local
14                        levels; and
15                              (II) unnecessarily impede manu-
16                        facturing and industrial innovation;
17                        (ii) make recommendations for ad-
18                   dressing the problems described in clause
19                   (i); and
20                        (iii) advise and assist the Chief Manu-
21                   facturing Officer in identifying and fos-
22                   tering policies to facilitate the application
23                   to and incorporation of federally funded re-
24                   search and development into manufacturing
25                   and industrial innovation in the United


     † HR 4521 EAS
                                   403
1                    States, so as to maximize the application of
2                    such research.
 3                   (B) COMPOSITION.—The Panel shall be
 4            composed of—
 5                           (i) the Chief Manufacturing Officer, or
 6                   a representative of the Chief Manufacturing
 7                   Officer;
 8                           (ii) not fewer than 10 members rep-
 9                   resenting the interests of the States, ap-
10                   pointed by the Chief Manufacturing Officer
11                   after consultation with State officials;
12                           (iii) the Director of the National Insti-
13                   tute of Standards and Technology;
14                           (iv) the Deputy Assistant Secretary of
15                   Defense for Manufacturing and Industrial
16                   Base Policy;
17                           (v) the Assistant Secretary of Labor for
18                   Employment and Training;
19                           (vi) the Administrator of the Small
20                   Business Administration; and
21                           (vii) the Assistant Secretary of Energy
22                   for Energy Efficiency and Renewable En-
23                   ergy.




     † HR 4521 EAS
                               404
1                    (C) CHAIR.—The Chief Manufacturing Offi-
2             cer, or the representative of the Chief Manufac-
3             turing Officer, shall serve as Chair of the Panel.
 4                   (D) MEETINGS.—The Panel shall meet at
 5            the call of the Chair.
 6                   (E) COMPENSATION.—
7                        (i) IN GENERAL.—Each member of the
8                    Panel shall be entitled to receive compensa-
9                    tion at a rate not to exceed the daily rate
10                   prescribed for GS–15 of the General Sched-
11                   ule under section 5332 of title 5, United
12                   States Code, for each day (including travel
13                   time) during which the member is engaged
14                   in the performance of the duties of the
15                   Panel.
16                       (ii) TRAVEL EXPENSES.—Each mem-
17                   ber of the Panel who is serving away from
18                   the home or regular place of business of the
19                   member in the performance of the duties of
20                   the Panel shall be allowed travel expenses,
21                   including per diem in lieu of subsistence, in
22                   the same manner as the expenses authorized
23                   by section 5703(b) of title 5, United States
24                   Code, for persons in government service em-
25                   ployed intermittently.


     † HR 4521 EAS
                                 405
1        (f) NATIONAL STRATEGIC PLAN FOR MANUFACTURING
2    AND INDUSTRIAL INNOVATION.—

 3             (1) STRATEGIC PLAN.—
 4                    (A) IN GENERAL.—Not later than 1 year
 5             after the date of enactment of this division, the
 6             Chief Manufacturing Officer, in coordination
 7             with the Director of the National Economic
 8             Council, shall, to the extent practicable, in ac-
 9             cordance with subsection (d)(1)(A)(ii) and in
10             consultation with other agencies and private in-
11             dividuals as the Chief Manufacturing Officer de-
12             termines necessary, establish a national strategic
13             plan for manufacturing and industrial innova-
14             tion that identifies—
15                          (i) short-term, medium-term, and long-
16                    term needs critical to the economy, national
17                    security, public health, workforce readiness,
18                    environmental concerns, and priorities of
19                    the United States manufacturing sector, in-
20                    cluding emergency readiness and resilience;
21                    and
22                          (ii) situations and conditions that
23                    warrant special attention by the Federal
24                    Government relating to—




      † HR 4521 EAS
                          406
 1                       (I) any problems, constraints, or
 2                   opportunities of manufacturing and
 3                   industrial innovation that—
 4                              (aa) are of national signifi-
 5                       cance;
 6                              (bb)   will   occur   or   may
 7                       emerge during the 4-year period
 8                       beginning on the date on which
 9                       the national strategic plan is es-
10                       tablished; and
11                              (cc) are identified through
12                       basic research;
13                       (II) an evaluation of activities
14                   and accomplishments of all agencies in
15                   the executive branch of the Federal
16                   Government that are related to car-
17                   rying out such plan;
18                       (III) opportunities for, and con-
19                   straints on, manufacturing and indus-
20                   trial innovation that can make a sig-
21                   nificant contribution to—
22                              (aa) the resolution of prob-
23                       lems identified under this para-
24                       graph; or




     † HR 4521 EAS
                              407
1                                   (bb) the achievement of Fed-
2                            eral program objectives or pri-
3                            ority goals, including those de-
4                            scribed in subsection (b)(1); and
5                            (IV) recommendations for pro-
6                        posals to carry out such plan.
 7                   (B) REVISIONS.—Not later than 4 years
 8            after the date on which the national strategic
 9            plan is established under subparagraph (A), and
10            every 4 years thereafter, the Chief Manufacturing
11            Officer, in coordination with the Director of the
12            National Economic Council, shall revise that
13            plan so that the plan takes account of near- and
14            long-term problems, constraints, and opportuni-
15            ties and changing national goals and cir-
16            cumstances.
17            (2) CONSULTATION WITH OTHER AGENCIES.—
18      The Chief Manufacturing Officer shall consult, as nec-
19      essary, with officials of agencies in the executive
20      branch of the Federal Government that administer
21      programs or have responsibilities relating to the prob-
22      lems, constraints, and opportunities identified in the
23      national strategic plan under paragraph (1) in order
24      to—




     † HR 4521 EAS
                                408
 1                   (A) identify and evaluate actions that
 2            might be taken by the Federal Government,
 3            State, and local governments, or the private sec-
 4            tor to deal with such problems, constraints, or
 5            opportunities; and
 6                   (B) ensure to the extent possible that actions
 7            identified under subparagraph (A) are consid-
 8            ered by each agency of the executive branch of the
 9            Federal Government in formulating proposals of
10            each such agency.
11            (3)     CONSULTATION       WITH    MANUFACTURING

12      STAKEHOLDERS.—The          Chief Manufacturing Officer
13      shall consult broadly with representatives from stake-
14      holder constituencies, including from technology
15      fields, engineering fields, manufacturing fields, aca-
16      demic fields, worker training or credentialing pro-
17      grams, industrial sectors, business sectors, consumer
18      sectors, defense sector, public interest sectors, and
19      labor organizations which primarily represent work-
20      ers in manufacturing to ensure information and per-
21      spectives from such consultations are incorporated
22      within the problems, constraints, opportunities, and
23      actions identified in the national strategic plan under
24      paragraph (1).




     † HR 4521 EAS
                               409
1              (4) CONSULTATION WITH OMB.—The Chief Man-
2        ufacturing Officer shall consult as necessary with offi-
3        cials of the Office of Management and Budget and
4        other appropriate elements of the Executive Office of
5        the President to ensure that the problems, constraints,
6        opportunities, and actions identified under para-
7        graph (1) are fully considered in the development of
8        legislative proposals and the President’s budget.
 9       (g) ADDITIONAL FUNCTIONS OF THE CHIEF MANUFAC-
10   TURING OFFICER; ADMINISTRATIVE PROVISIONS.—

11             (1) IN GENERAL.—The Chief Manufacturing Of-
12       ficer, in addition to the other duties and functions
13       under this section, shall serve—
14                    (A) on the Federal Strategy and Coordi-
15             nating Council on Manufacturing and Indus-
16             trial Innovation established under subsection (j);
17             and
18                    (B) as a member of the Domestic Policy
19             Council, the National Economic Council, and the
20             Office of Science and Technology Policy Council.
21             (2) ADVICE TO NATIONAL SECURITY COUNCIL.—
22       For the purpose of ensuring the optimal contribution
23       of manufacturing and industrial innovation to the
24       national security of the United States, the Chief Man-
25       ufacturing Officer, at the request of the President,


      † HR 4521 EAS
                                 410
 1      shall advise the National Security Council in such
 2      matters concerning manufacturing and industrial in-
 3      novation as may be related to national security.
 4            (3) COORDINATION         WITH   OTHER    ORGANIZA-

 5      TIONS.—

 6                   (A) IN GENERAL.—In exercising the func-
 7            tions under this section, the Chief Manufacturing
 8            Officer—
 9                       (i) shall—
10                            (I) work in close consultation and
11                       cooperation with the Director of the
12                       Domestic Policy Council, the National
13                       Security Advisor, the Assistant to the
14                       President for Economic Policy and Di-
15                       rector of the National Economic Coun-
16                       cil, the Director of the Office of Science
17                       and Technology Policy, the Director of
18                       the Office of Management and Budget,
19                       and the heads of other agencies in the
20                       executive branch of the Federal Govern-
21                       ment;
22                            (II) utilize the services of consult-
23                       ants, establish such advisory panels,
24                       and, to the extent practicable, consult
25                       with—


     † HR 4521 EAS
                           411
 1                               (aa) State and local govern-
 2                        ment agencies;
 3                               (bb) appropriate professional
 4                        groups;
 5                               (cc) representatives of indus-
 6                        try, universities, consumers, labor
 7                        organizations that primarily rep-
 8                        resent workers in manufacturing;
 9                        and
10                               (dd) such other public inter-
11                        est groups, organizations, and in-
12                        dividuals as may be necessary;
13                        (III) hold such hearings in var-
14                   ious parts of the United States as nec-
15                   essary to determine the views of the
16                   agencies, groups, and organizations de-
17                   scribed in subparagraph (B), and of
18                   the general public, concerning national
19                   needs and trends in manufacturing
20                   and industrial innovation; and
21                        (IV) utilize, with the heads of
22                   public and private agencies and orga-
23                   nizes, to the fullest extent possible the
24                   services, personnel, equipment, facili-
25                   ties, and information (including statis-


     † HR 4521 EAS
                                412
 1                         tical information) of public and pri-
 2                         vate agencies and organizations, and
 3                         individuals, in order to avoid the du-
 4                         plication of efforts and expenses; and
 5                         (ii) may transfer funds made available
 6                   pursuant to this section to other agencies in
 7                   the executive branch of the Federal Govern-
 8                   ment as reimbursement for the utilization of
 9                   such personnel, services, facilities, equip-
10                   ment, and information.
11                   (B)   FURNISHMENT       OF   INFORMATION.—

12            Each department, agency, and instrumentality
13            of the executive branch of the Federal Govern-
14            ment, including any independent agency, shall
15            furnish the Chief Manufacturing Officer such in-
16            formation as necessary to carry out this section.
17      (h) MANUFACTURING AND INDUSTRIAL INNOVATION
18 REPORT.—
19            (1) REPORT.—Not later than 3 years after the
20      date of enactment of this division, and every 4 years
21      thereafter, the Chief Manufacturing Officer, in con-
22      sultation with the Director of the National Economic
23      Council, shall submit to Congress a Manufacturing
24      and Industrial Innovation Report (referred to in this
25      section as the ‘‘report’’) with appropriate assistance


     † HR 4521 EAS
                               413
 1      from agencies in the executive branch of the Federal
 2      Government and such consultants and contractors as
 3      the Chief Manufacturing Officer determines necessary.
 4            (2) CONTENTS      OF REPORT.—Each       report re-
 5      quired under paragraph (1) shall draw upon the most
 6      recent national strategic plan established under sub-
 7      section (f) and shall include, to the extent practicable
 8      and within the limitations of available knowledge and
 9      resources—
10                   (A) a review of developments of national
11            significance in manufacturing and industrial
12            innovation;
13                   (B) the significant effects of trends at the
14            time of the submission of the report and pro-
15            jected trends in manufacturing and industrial
16            innovation on the economy, workforce, and envi-
17            ronmental, health and national security, and
18            other requirements of the United States;
19                   (C) a review and appraisal of selected man-
20            ufacturing and industrial innovation related
21            programs, policies, and activities of the Federal
22            Government, including procurement;
23                   (D) an inventory and forecast of critical
24            and emerging national problems, the resolution
25            of which might be substantially assisted by man-


     † HR 4521 EAS
                               414
 1            ufacturing and industrial innovation in the
 2            United States;
 3                   (E) the identification and assessment of
 4            manufacturing and industrial innovation meas-
 5            ures that can contribute to the resolution of the
 6            problems described in subparagraph (D) in light
 7            of the related economic, workforce, environ-
 8            mental, public health, and national security con-
 9            siderations;
10                   (F) at the time of the submission of the re-
11            port, and as projected, the manufacturing and
12            industrial resources, including specialized man-
13            power, that could contribute to the resolution of
14            the problems described in subparagraph (D); and
15                   (G) recommendations for legislation and
16            regulatory changes on manufacturing and indus-
17            trial innovation-related programs and policies
18            that will contribute to the resolution of the prob-
19            lems described in subparagraph (D).
20            (3) PREPARATION        OF REPORT.—In     preparing
21      each report required under paragraph (1), the Chief
22      Manufacturing Officer shall make maximum use of
23      relevant data available from agencies in the executive
24      branch of the Federal Government.




     † HR 4521 EAS
                               415
 1             (4) PUBLIC     AVAILABILITY   OF   REPORT.—The

 2       Chief Manufacturing Officer shall ensure that the re-
 3       port is made available to the public.
 4       (i) COMPTROLLER GENERAL REPORT.—Not later than
 5 3 years after the date of enactment of this division, the
 6 Comptroller General of the United States shall submit to
 7 the Committee on Commerce, Science, and Transportation
 8 of the Senate, the Committee on Appropriations of the Sen-
 9 ate, the Committee on Science, Space, and Technology of
10 the House of Representatives, the Committee on Energy and
11 Commerce of the House of Representatives, and the Com-
12 mittee on Appropriations of the House of Representatives,
13 and make available to the public, a report—
14             (1) containing an assessment of the efforts of the
15       Office to implement or advance the priority goals de-
16       scribed in subsection (b)(1); and
17             (2) providing recommendations on how to im-
18       prove the efforts described in paragraph (1).
19       (j) FEDERAL STRATEGY AND COORDINATING COUNCIL
20   ON MANUFACTURING AND INDUSTRIAL INNOVATION.—There

21 is established in the executive branch of the Federal Govern-
22 ment the Federal Strategy and Coordinating Council on
23 Manufacturing and Industrial Innovation (referred to in
24 this section as the ‘‘Council’’).
25             (1) MEMBERSHIP.—


      † HR 4521 EAS
                               416
 1                   (A) IN   GENERAL.—The      Council shall be
 2            composed of the following:
 3                        (i) The President, who shall serve as
 4                   Chair of the Council.
 5                        (ii) The Vice President.
 6                        (iii) The Secretary of Commerce.
 7                        (iv) The Secretary of Defense.
 8                        (v) The Secretary of Education.
 9                        (vi) The Secretary of Energy.
10                        (vii) The Secretary of Health and
11                   Human Services.
12                        (viii) The Secretary of Housing and
13                   Urban Development.
14                        (ix) The Secretary of Labor.
15                        (x) The Secretary of State.
16                        (xi) The Secretary of Transportation.
17                        (xii) The Secretary of the Treasury.
18                        (xiii) The Secretary of Veterans Af-
19                   fairs.
20                        (xiv) The Administrator of the Envi-
21                   ronmental Protection Agency.
22                        (xv) The Administrator of the National
23                   Aeronautics and Space Administration.
24                        (xvi) The Administrator of the Small
25                   Business Administration.


     † HR 4521 EAS
                                417
 1                         (xvii) The Director of the National
 2                   Science Foundation.
 3                         (xviii) The Director of the Office of
 4                   Management and Budget.
 5                         (xix) The Assistant to the President for
 6                   Science and Technology.
 7                         (xx) The United States Trade Rep-
 8                   resentative.
 9                         (xxi) The National Security Advisor.
10                         (xxii) The Assistant to the President
11                   for Economic Policy.
12                         (xxiii) The Director of the Domestic
13                   Policy Council.
14                         (xxiv) The Chair of the Council of Eco-
15                   nomic Advisers.
16                         (xxv) The Chief Manufacturing Officer.
17                   (B)      ADDITIONAL      PARTICIPANTS.—The

18            President may, from time to time and as nec-
19            essary, appoint officials in the executive branch
20            of the Federal Government to serve as members
21            of the Council.
22            (2) MEETINGS OF THE COUNCIL.—
23                   (A) IN    GENERAL.—The      President or the
24            Chief Manufacturing Officer may convene meet-
25            ings of the Council.


     † HR 4521 EAS
                               418
 1                   (B) PRESIDING OFFICER.—
 2                       (i) IN   GENERAL.—Subject     to clause
 3                   (ii), the President shall preside over the
 4                   meetings of the Council.
 5                       (ii) EXCEPTION.—If the President is
 6                   not present at a meeting of the Council, the
 7                   Vice President (and if the Vice President is
 8                   not present at a meeting of the Council, the
 9                   Chief Manufacturing Officer) shall preside
10                   and be considered the chair of the Council.
11      (k) COUNCIL ON MANUFACTURING AND INDUSTRIAL
12 INNOVATION FUNCTIONS.—
13            (1) IN GENERAL.—The Council shall—
14                   (A) consider problems and developments, in-
15            cluding concerns relating to the workforce of the
16            United States, in manufacturing and industrial
17            innovation and related activities of more than 1
18            agency in the executive branch of the Federal
19            Government;
20                   (B) coordinate the manufacturing and in-
21            dustrial innovation policy-making process;
22                   (C) harmonize the Federal permitting proc-
23            ess relating to manufacturing and industrial in-
24            novation, as appropriate;




     † HR 4521 EAS
                                 419
1                    (D) ensure manufacturing and industrial
2             innovation policy decisions and programs are
3             consistent with the priority goals described in
4             subsection (b)(1);
5                    (E) help implement the priority goals de-
6             scribed in subsection (b)(1) across the Federal
7             Government;
8                    (F) ensure manufacturing and industrial
9             innovation are considered in the development
10            and implementation of Federal policies and pro-
11            grams;
12                   (G)    achieve     more        effective   use   of
13            foundational aspects of manufacturing and in-
14            dustrial innovation, particularly scientific, engi-
15            neering, and technological resources and facili-
16            ties of agencies in the executive branch of the
17            Federal Government, including the elimination
18            of efforts that have been unwarrantedly dupli-
19            cated;
20                   (H) identify—
21                         (i) threats to, and vulnerabilities of,
22                   supply chains;
23                         (ii) workforce skills;




     † HR 4521 EAS
                                  420
 1                         (iii) aspects of supply chains and
 2                    workforce skills requiring additional empha-
 3                    sis; and
 4                         (iv) for reform policies, rules, and reg-
 5                    ulations that harm domestic manufacturing
 6                    and inhibit the ability for domestic manu-
 7                    facturing to compete with global competi-
 8                    tors; and
 9                    (I) further international cooperation on
10             manufacturing and industrial innovation poli-
11             cies that enhance the policies of the United
12             States and internationally agreed upon policies.
13             (2)    CHIEF       MANUFACTURING     OFFICER.—The

14       Chief Manufacturing Officer may take such actions as
15       may be necessary or appropriate to implement the
16       functions described in paragraph (1).
17       (l) COORDINATION.—The head of each agency in the
18 executive branch of the Federal Government, without regard
19 to whether the head of the agency is a member of the Coun-
20 cil, shall coordinate manufacturing and industrial innova-
21 tion policy with the Council.
22       (m) ADMINISTRATION.—
23             (1) COORDINATION WITH NATIONAL SCIENCE AND
24       TECHNOLOGY COUNCIL.—In carrying out the duties of




      † HR 4521 EAS
                               421
 1      the Council, the Council shall consult with the Na-
 2      tional Science and Technology Council, as necessary.
3             (2) AD     COMMITTEES; TASKS FORCES, INTER-

4       AGENCY GROUPS.—The Council may function through

5       established or ad hoc committees, task forces, or inter-
6       agency groups.
 7            (3) REQUIREMENT TO COOPERATE.—Each agen-
 8      cy in the executive branch of the Federal Government
 9      shall—
10                   (A) cooperate with the Council; and
11                   (B) provide assistance, information, and
12            advice to the Council, as the Council may re-
13            quest, to the extent permitted by law.
14            (4) ASSISTANCE TO COUNCIL.—For the purpose
15      of carrying out the provisions of this section, the head
16      of each agency that is a member of the Council shall
17      furnish necessary assistance and resources to the
18      Council, which may include—
19                   (A) detailing employees of the agency to the
20            Council to perform such functions, consistent
21            with the purposes of this section, as the Chair of
22            the Council may assign to those detailees;
23                   (B) providing office support and printing,
24            as requested by the Chair of the Council; and




     † HR 4521 EAS
                               422
1                     (C) upon the request of the Chair of the
2              Council, undertake special studies for the Coun-
3              cil that come within the functions of the Council
4              described in subsection (k).
5        (n) NATIONAL MEDAL OF MANUFACTURING AND IN-
6    DUSTRIAL INNOVATION.—

 7             (1) RECOMMENDATIONS.—The President shall
 8       from time to time award a medal, to be known as the
 9       ‘‘National Medal of Manufacturing and Industrial
10       Innovation’’, on the basis of recommendations re-
11       ceived from the National Academies of Sciences, the
12       Chief Manufacturing Officer, or on the basis of such
13       other information and evidence as the President deter-
14       mines appropriate, to individuals who in the judg-
15       ment of the President are deserving of special recogni-
16       tion by reason of outstanding contributions to knowl-
17       edge in manufacturing and industrial innovation.
18             (2) NUMBER.—Not more than 20 individuals
19       may be awarded a medal under this section in any
20       one calendar year.
21             (3) CITIZENSHIP.—An individual may not be
22       awarded a medal under this section unless at the time
23       such award is made the individual—
24                    (A) is a citizen or other national of the
25             United States; or


      † HR 4521 EAS
                                  423
 1                     (B) is an individual lawfully admitted to
 2             the United States for permanent residence who—
 3                          (i) has filed an application for petition
 4                     for naturalization in the manner prescribed
 5                     by section 334(b) of the Immigration and
 6                     Nationality Act (8 U.S.C. 1445(b)); and
 7                          (ii) is not permanently ineligible to be-
 8                     come a citizen of the United States.
 9             (4)     CEREMONIES.—The        presentation    of   the
10       award shall be made by the President with such cere-
11       monies as determined proper, including attendance by
12       appropriate Members of Congress.
13       (o) AUTHORIZATION OF APPROPRIATIONS.—There are
14 authorized to be appropriated for each of fiscal years 2022
15 through 2026—
16             (1) $5,000,000, for the purpose of carrying out
17       subsections (c) through (i); and
18             (2) $5,000,000, for the purpose of carrying out
19       subsections (j) through (m).
20   SEC. 2509. TELECOMMUNICATIONS WORKFORCE TRAINING

21                    GRANT PROGRAM.

22       (a) SHORT TITLE.—This section may be cited as the
23 ‘‘Improving Minority Participation And Careers in Tele-
24 communications Act’’ or the ‘‘IMPACT Act’’.
25       (b) DEFINITIONS.—In this section:


      † HR 4521 EAS
                                424
 1            (1) ASSISTANT SECRETARY.—The term ‘‘Assist-
 2      ant Secretary’’ means the Assistant Secretary of Com-
 3      merce for Communications and Information.
 4            (2) COVERED GRANT.—The term ‘‘covered grant’’
 5      means a grant awarded under subsection (c).
 6            (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
 7      ty’’ means a historically Black college or university,
 8      Tribal College or University, or minority-serving in-
 9      stitution, or a consortium of such entities, that forms
10      a partnership with 1 or more of the following entities
11      to carry out a training program:
12                    (A) A member of the telecommunications in-
13            dustry, such as a company or industry associa-
14            tion.
15                    (B) A labor or labor-management organiza-
16            tion with experience working in the tele-
17            communications industry or a similar industry.
18                    (C) The Telecommunications Industry Reg-
19            istered Apprenticeship Program.
20                    (D) A nonprofit organization dedicated to
21            helping individuals gain employment in the tele-
22            communications industry.
23                    (E) A community or technical college with
24            experience in providing workforce development




     † HR 4521 EAS
                              425
 1             for individuals seeking employment in the tele-
 2             communications industry or a similar industry.
 3                   (F) A Federal agency laboratory special-
 4             izing in telecommunications technology.
 5             (4) FUND.—The term ‘‘Fund’’ means the Tele-
 6      communications Workforce Training Grant Program
 7      Fund established under subsection (d)(1).
 8             (5) GRANT PROGRAM.—The term ‘‘Grant Pro-
 9      gram’’ means the Telecommunications Workforce
10      Training Grant Program established under subsection
11      (c).
12             (6) HISTORICALLY BLACK COLLEGE OR UNIVER-
13      SITY.—The term ‘‘historically Black college or univer-

14      sity’’ has the meaning given the term ‘‘part B institu-
15      tion’’ in section 322 of the Higher Education Act of
16      1965 (20 U.S.C. 1061).
17             (7) INDUSTRY FIELD ACTIVITIES.—The term ‘‘in-
18      dustry field activities’’ means activities at active tele-
19      communications, cable, and broadband network work-
20      sites, such as towers, construction sites, and network
21      management hubs.
22             (8) INDUSTRY PARTNER.—The term ‘‘industry
23      partner’’ means an entity described in subparagraphs
24      (A) through (F) of paragraph (3) with which an eligi-




     † HR 4521 EAS
                                   426
 1       ble entity forms a partnership to carry out a training
 2       program.
 3             (9) MINORITY-SERVING INSTITUTION.—The term
 4       ‘‘minority-serving institution’’ means an institution
 5       described in section 371(a) of the Higher Education
 6       Act of 1965 (20 U.S.C. 1067q(a)).
 7             (10) TRAINING PROGRAM.—The term ‘‘training
 8       program’’ means a credit or non-credit program de-
 9       veloped by an eligible entity, in partnership with an
10       industry partner, that—
11                    (A) is designed to educate and train stu-
12             dents to participate in the telecommunications
13             workforce; and
14                    (B) includes a curriculum and apprentice-
15             ship or internship opportunities that can also be
16             paired with—
17                            (i) a degree program; or
18                            (ii) stacked credentialing toward a de-
19                    gree.
20             (11) TRIBAL         COLLEGE    OR   UNIVERSITY.—The

21       term ‘‘Tribal College or University’’ has the meaning
22       given the term in section 316(b)(3) of the Higher
23       Education Act of 1965 (20 U.S.C. 1059c(b)(3)).
24       (c)   PROGRAM.—The            Assistant   Secretary,   acting
25 through the Office of Minority Broadband Initiatives estab-


      † HR 4521 EAS
                               427
 1 lished under section 902(b)(1) of division N of the Consoli-
 2 dated Appropriations Act, 2021 (Public Law 116–260),
 3 shall establish a program, to be known as the ‘‘Tele-
 4 communications Workforce Training Grant Program’’,
 5 under which the Assistant Secretary awards grants to eligi-
 6 ble entities to develop training programs.
 7       (d) FUND.—
 8             (1) ESTABLISHMENT.—There is established in
 9       the Treasury of the United States a fund to be known
10       as the ‘‘Telecommunications Workforce Training
11       Grant Program Fund’’.
12             (2) AVAILABILITY.—Amounts in the Fund shall
13       be available to the Assistant Secretary to carry out
14       the Grant Program.
15       (e) APPLICATION.—
16             (1) IN GENERAL.—An eligible entity desiring a
17       covered grant shall submit an application to the As-
18       sistant Secretary at such time, in such manner, and
19       containing such information as the Assistant Sec-
20       retary may require.
21             (2) CONTENTS.—An eligible entity shall include
22       in an application under paragraph (1)—
23                    (A) a commitment from the industry part-
24             ner of the eligible entity to collaborate with the
25             eligible entity to develop a training program, in-


      † HR 4521 EAS
                                428
 1             cluding curricula and internships or apprentice-
 2             ships;
 3                    (B) a description of how the eligible entity
 4             plans to use the covered grant, including the type
 5             of training program the eligible entity plans to
 6             develop;
 7                    (C) a plan for recruitment of students and
 8             potential students to participate in the training
 9             program;
10                    (D) a plan to increase female student par-
11             ticipation in the training program of the eligible
12             entity; and
13                    (E) a description of potential jobs to be se-
14             cured through the training program, including
15             jobs in the communities surrounding the eligible
16             entity.
17       (f) USE OF FUNDS.—An eligible entity may use a cov-
18 ered grant, with respect to the training program of the eligi-
19 ble entity, to—
20             (1) hire faculty members to teach courses in the
21       training program;
22             (2) train faculty members to prepare students for
23       employment in jobs related to the deployment of next-
24       generation wired and wireless communications net-




      † HR 4521 EAS
                                  429
 1      works, including 5G networks, hybrid fiber-coaxial
 2      networks, and fiber infrastructure, particularly in—
 3                    (A) broadband and wireless network engi-
 4            neering;
 5                    (B) network deployment, operation, and
 6            maintenance;
 7                    (C) industry field activities; and
 8                    (D) cloud networks, data centers, and cyber-
 9            security;
10            (3) design and develop curricula and other com-
11      ponents necessary for degrees, courses, or programs of
12      study,        including     certificate   programs    and
13      credentialing programs, that comprise the training
14      program;
15            (4) pay for costs associated with instruction
16      under the training program, including the costs of
17      equipment, telecommunications training towers, lab-
18      oratory space, classroom space, and instructional field
19      activities;
20            (5) fund scholarships, student internships, ap-
21      prenticeships, and pre-apprenticeship opportunities;
22            (6) recruit students for the training program;
23      and
24            (7) support the enrollment in the training pro-
25      gram of individuals working in the telecommuni-


     † HR 4521 EAS
                               430
 1      cations industry in order to advance professionally in
 2      the industry.
 3      (g) GRANT AWARDS.—
 4            (1) DEADLINE.—Not later than 2 years after the
 5      date on which amounts are appropriated to the Fund
 6      pursuant to subsection (m), the Assistant Secretary
 7      shall award all covered grants.
 8            (2) MINIMUM ALLOCATION TO CERTAIN ENTI-
9       TIES.—The Assistant Secretary shall award not less

10      than—
11                   (A) 30 percent of covered grant amounts to
12            historically Black colleges or universities; and
13                   (B) 30 percent of covered grant amounts to
14            Tribal Colleges or Universities.
15            (3) EVALUATION CRITERIA.—As part of the final
16      rules issued under subsection (h), the Assistant Sec-
17      retary shall develop criteria for evaluating applica-
18      tions for covered grants.
19            (4) COORDINATION.—The Assistant Secretary
20      shall ensure that grant amounts awarded under para-
21      graph (2) are coordinated with, and do not duplicate
22      the specific use of, grant amounts provided under sec-
23      tion 902 of division N of the Consolidated Appropria-
24      tions Act, 2021 (Public Law 116–260).




     † HR 4521 EAS
                                431
 1             (5) CONSTRUCTION.—In awarding grants under
 2       this section for training or education relating to con-
 3       struction, the Assistant Secretary may prioritize ap-
 4       plicants that partner with apprenticeship programs,
 5       pre-apprenticeship programs, or public two-year com-
 6       munity or technical colleges that have a written
 7       agreement with one or more apprenticeship programs.
 8       (h) RULES.—Not later than 180 days after the date
 9 of enactment of this division, after providing public notice
10 and an opportunity to comment, the Assistant Secretary,
11 in consultation with the Secretary of Labor and the Sec-
12 retary of Education, shall issue final rules governing the
13 Grant Program.
14       (i) TERM.—The Assistant Secretary shall establish the
15 term of a covered grant, which may not be less than 5 years.
16       (j) GRANTEE REPORTS.—During the term of a covered
17 grant received by an eligible entity, the eligible entity shall
18 submit to the Assistant Secretary a semiannual report that,
19 with respect to the preceding 6-month period—
20             (1) describes how the eligible entity used the cov-
21       ered grant amounts;
22             (2) describes the progress the eligible entity made
23       in developing and executing the training program of
24       the eligible entity;




      † HR 4521 EAS
                               432
1             (3) describes the number of faculty and students
2       participating in the training program of the eligible
3       entity;
4             (4) describes the partnership with the industry
5       partner of the eligible entity, including—
6                    (A) the commitments and in-kind contribu-
7             tions made by the industry partner; and
8                    (B) the role of the industry partner in cur-
9             riculum development, the degree program, and
10            internships and apprenticeships; and
11            (5) includes data on internship, apprenticeship,
12      and employment opportunities and placements.
13      (k) OVERSIGHT.—
14            (1) AUDITS.—The Inspector General of the De-
15      partment of Commerce shall audit the Grant Program
16      in order to—
17                   (A) ensure that eligible entities use covered
18            grant amounts in accordance with—
19                       (i) the requirements of this section; and
20                       (ii) the overall purpose of the Grant
21                   Program, as described in subsection (c); and
22                   (B) prevent waste, fraud, and abuse in the
23            operation of the Grant Program.
24            (2) REVOCATION OF FUNDS.—The Assistant Sec-
25      retary shall revoke a grant awarded to an eligible en-


     † HR 4521 EAS
                              433
 1      tity that is not in compliance with the requirements
 2      of this section or the overall purpose of the Grant Pro-
 3      gram, as described in subsection (c).
 4      (l) ANNUAL REPORT TO CONGRESS.—Each year, until
 5 all covered grants have expired, the Assistant Secretary
 6 shall submit to Congress a report that—
 7            (1) identifies each eligible entity that received a
 8      covered grant and the amount of the covered grant;
 9            (2) describes the progress each eligible entity de-
10      scribed in paragraph (1) has made toward accom-
11      plishing the overall purpose of the Grant Program, as
12      described in subsection (c);
13            (3) summarizes the job placement status or ap-
14      prenticeship opportunities of students who have par-
15      ticipated in the training program of the eligible enti-
16      ty; and
17            (4) includes the findings of any audits conducted
18      by the Inspector General of the Department of Com-
19      merce under subsection (k)(1) that were not included
20      in the previous report submitted under this sub-
21      section.
22      (m) AUTHORIZATION OF APPROPRIATIONS.—
23            (1) IN GENERAL.—There is authorized to be ap-
24      propriated to the Fund a total of $100,000,000 for fis-




     † HR 4521 EAS
                                 434
 1       cal years 2022 through 2027, to remain available
 2       until expended.
 3             (2) ADMINISTRATION.—The Assistant Secretary
 4       may use not more than 2 percent of the amounts ap-
 5       propriated to the Fund for the administration of the
 6       Grant Program.
 7   SEC. 2510. COUNTRY OF ORIGIN LABELING ONLINE ACT.

8        (a) MANDATORY ORIGIN AND LOCATION DISCLOSURE
 9   FOR PRODUCTS OFFERED FOR SALE ON THE INTERNET.—

10             (1) IN GENERAL.—It shall be unlawful for a
11       product that is required to be marked under section
12       304 of the Tariff Act of 1930 (19 U.S.C. 1304) or its
13       implementing regulations to be introduced, sold, ad-
14       vertised, or offered for sale in commerce on an inter-
15       net website unless the internet website description of
16       the product—
17                    (A)(i) indicates in a conspicuous place the
18             country of origin of the product, in a manner
19             consistent with the regulations prescribed under
20             section 304 of the Tariff Act of 1930 (19 U.S.C.
21             1304) and the country of origin marking regula-
22             tions administered by U.S. Customs and Border
23             Protection; and
24                    (ii) includes, in the case of—




      † HR 4521 EAS
                                435
 1                        (I) a new passenger motor vehicle (as
 2                   defined in section 32304 of title 49, United
 3                   States Code), the disclosure required by such
 4                   section;
 5                        (II) a textile fiber product (as defined
 6                   in section 2 of the Textile Fiber Products
 7                   Identification Act (15 U.S.C. 70b)), the dis-
 8                   closure required by such Act;
 9                        (III) a wool product (as defined in sec-
10                   tion 2 of the Wool Products Labeling Act of
11                   1939 (15 U.S.C. 68)), the disclosure re-
12                   quired by such Act;
13                        (IV) a fur product (as defined in sec-
14                   tion 2 of the Fur Products Labeling Act (15
15                   U.S.C. 69)), the disclosure required by such
16                   Act; and
17                        (V) a covered commodity (as defined in
18                   section 281 of the Agricultural Marketing
19                   Act of 1946 (7 U.S.C. 1638)), the country of
20                   origin information required by section 282
21                   of such Act (7 U.S.C. 1638a); and
22                   (B) indicates in a conspicuous place the
23            country in which the seller of the product is lo-
24            cated (and, if applicable, the country in which
25            any parent corporation of such seller is located).


     † HR 4521 EAS
                              436
 1             (2) LIMITATION.—The disclosure of a product’s
 2       country of origin required pursuant to paragraph
 3       (1)(A) shall not be made in such a manner as to rep-
 4       resent to a consumer that the product is in whole, or
 5       part, of United States origin, unless such disclosure
 6       is consistent with section 5 of the Federal Trade Com-
 7       mission Act (15 U.S.C. 45(a)), provided that no other
 8       Federal statute applies.
 9             (3) CERTAIN DRUG PRODUCTS.—It shall be un-
10       lawful for a drug that is not subject to section
11       503(b)(1) of the Federal Food, Drug, and Cosmetic
12       Act (21 U.S.C. 353(b)(1)) and that is required to be
13       marked under section 304 of the Tariff Act of 1930
14       (19 U.S.C. 1304) to be offered for sale in commerce
15       to consumers on an internet website unless the inter-
16       net website description of the drug indicates in a con-
17       spicuous manner the name and place of business of
18       the manufacturer, packer, or distributor that is re-
19       quired to appear on the label of the drug in accord-
20       ance with section 502(b) of the Federal Food, Drug,
21       and Cosmetic Act (21 U.S.C. 352(b)).
22       (b) PROHIBITION ON FALSE AND MISLEADING REP-
23   RESENTATION OF     UNITED STATES ORIGIN        ON   PROD-
24   UCTS.—




      † HR 4521 EAS
                             437
 1            (1) UNLAWFUL ACTIVITY.—Notwithstanding any
 2      other provision of law, it shall be unlawful to make
 3      any false or deceptive representation that a product
 4      or its parts or processing are of United States origin
 5      in any labeling, advertising, or other promotional
 6      materials, or any other form of marketing, including
 7      marketing through digital or electronic means in the
 8      United States.
 9            (2) DECEPTIVE      REPRESENTATION.—For         pur-
10      poses of paragraph (1), a representation that a prod-
11      uct is in whole, or in part, of United States origin
12      is deceptive if, at the time the representation is made,
13      such claim is not consistent with section 5 of the Fed-
14      eral Trade Commission Act (15 U.S.C. 45(a)), pro-
15      vided that no other Federal statute applies.
16      (c) ENFORCEMENT BY COMMISSION.—
17            (1) UNFAIR    OR   DECEPTIVE    ACTS     OR   PRAC-

18      TICES.—A violation of subsection (a) or (b) shall be

19      treated as a violation of a rule under section
20      18(a)(1)(B) of the Federal Trade Commission Act (15
21      U.S.C. 57a(a)(1)(B)).
22            (2) POWERS OF THE COMMISSION.—
23                   (A) IN GENERAL.—The Commission shall
24            enforce this section in the same manner, by the
25            same means, and with the same jurisdiction,


     † HR 4521 EAS
                               438
 1            powers, and duties as though all applicable
 2            terms and provisions of the Federal Trade Com-
 3            mission Act (15 U.S.C. 41 et seq.) were incor-
 4            porated into and made a part of this section.
 5                   (B) PRIVILEGES    AND   IMMUNITIES.—Any

 6            person that violates subsection (a) or (b) shall be
 7            subject to the penalties and entitled to the privi-
 8            leges and immunities provided in the Federal
 9            Trade Commission Act (15 U.S.C. 41 et seq.) as
10            though all applicable terms and provisions of
11            that Act were incorporated and made part of
12            this section.
13                   (C) AUTHORITY PRESERVED.—Nothing in
14            this section may be construed to limit the au-
15            thority of the Commission under any other pro-
16            vision of law.
17            (3) INTERAGENCY AGREEMENT.—Not later than
18      6 months after the date of enactment of this division,
19      the Commission and U.S. Customs and Border Pro-
20      tection shall—
21                   (A) enter into a Memorandum of Under-
22            standing or other appropriate agreement for the
23            purpose of providing consistent implementation
24            of this section; and




     † HR 4521 EAS
                                     439
 1                     (B) publish such agreement to provide pub-
 2             lic guidance.
 3             (4) DEFINITION OF COMMISSION.—In this sub-
 4       section, the term ‘‘Commission’’ means the Federal
 5       Trade Commission.
 6       (d) EFFECTIVE DATE.—This section shall take effect
 7 9 months after the date of enactment of this division.
 8   SEC. 2511. COUNTRY OF ORIGIN LABELING FOR KING CRAB

 9                    AND TANNER CRAB.

10       Section 281(7)(B) of the Agricultural Marketing Act
11 of 1946 (7 U.S.C. 1638(7)(B)) is amended—
12             (1) by striking ‘‘includes a fillet’’ and inserting
13       ‘‘includes—
14                            ‘‘(i) a fillet’’;
15             (2) by striking the period at the end and insert-
16       ing ‘‘; and’’; and
17             (3) by adding at the end the following:
18                            ‘‘(ii) whole cooked king crab and tan-
19                     ner crab and cooked king crab and tanner
20                     crab sections.’’.
21   SEC. 2512. INTERNET EXCHANGES AND SUBMARINE CA-

22                    BLES.

23       (a) DEFINITIONS.—In this section:




      † HR 4521 EAS
                               440
 1            (1) ASSISTANT SECRETARY.—The term ‘‘Assist-
 2      ant Secretary’’ means the Assistant Secretary of Com-
 3      merce for Communications and Information.
 4            (2) CORE BASED STATISTICAL AREA.—The term
 5      ‘‘core based statistical area’’ has the meaning given
 6      the term by the Office of Management and Budget in
 7      the Notice of Decision entitled ‘‘2010 Standards for
 8      Delineating Metropolitan and Micropolitan Statis-
 9      tical Areas’’, published in the Federal Register on
10      June 28, 2010 (75 Fed. Reg. 37246), or any successor
11      to that Notice.
12            (3) COVERED GRANT.—The term ‘‘covered grant’’
13      means a grant awarded under subsection (b)(1).
14            (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’—
15                   (A) has the meaning given the term in sec-
16            tion 4 of the Indian Self-Determination and
17            Education Assistance Act (25 U.S.C. 5304); and
18                   (B) includes a Native Hawaiian organiza-
19            tion, as that term is defined in section 6207 of
20            the Native Hawaiian Education Act (20 U.S.C.
21            7517).
22            (5) INTERNET EXCHANGE FACILITY.—The term
23      ‘‘internet exchange facility’’ means physical infra-
24      structure through which internet service providers




     † HR 4521 EAS
                               441
1       and content delivery networks exchange internet traf-
2       fic between their networks.
3             (6) STATE.—The term ‘‘State’’ has the meaning
4       given the term in section 3 of the Communications
5       Act of 1934 (47 U.S.C. 153).
 6            (7) SUBMARINE CABLE LANDING STATION.—The
 7      term ‘‘submarine cable landing station’’ means a
 8      cable landing station, as that term is used in section
 9      1.767(a)(5) of title 47, Code of Federal Regulations
10      (or any successor regulation), that can be utilized to
11      land a submarine cable by an entity that has ob-
12      tained a license under the first section of the Act enti-
13      tled ‘‘An Act relating to the landing and operation of
14      submarine cables in the United States’’, approved
15      May 27, 1921 (47 U.S.C. 34) (commonly known as
16      the ‘‘Cable Landing Licensing Act’’).
17      (b) INTERNET EXCHANGE FACILITY GRANTS.—
18            (1) GRANTS.—Not later than 1 year after the
19      date on which amounts are made available under sub-
20      section (e), the Assistant Secretary shall award grants
21      to entities to acquire real property and necessary
22      equipment to—
23                   (A) establish a new internet exchange facil-
24            ity in a core based statistical area in which, at




     † HR 4521 EAS
                                 442
1             the time the grant is awarded, there are no exist-
2             ing internet exchange facilities; or
3                    (B) expand operations at an existing inter-
4             net exchange facility in a core based statistical
5             area in which, at the time the grant is awarded,
6             there is only 1 internet exchange facility.
 7            (2) ELIGIBILITY.—To be eligible to receive a cov-
 8      ered grant, an entity shall—
 9                   (A) have sufficient interest from third party
10            entities that will use the internet exchange facil-
11            ity to be funded by the grant once the facility is
12            established or operations are expanded, as appli-
13            cable;
14                   (B) have sovereign control over the land or
15            building in which the internet exchange facility
16            is to be housed;
17                   (C) provide evidence of direct conduit, duct,
18            and manhole access to public rights-of-way;
19                   (D) have a plan to establish security proto-
20            cols for the internet exchange facility to prevent
21            physical or electronic intrusion from unauthor-
22            ized users; and
23                   (E) provide other information required by
24            the Assistant Secretary to protect against waste,
25            fraud, or abuse.


     † HR 4521 EAS
                              443
 1            (3) FEDERAL SHARE.—The Federal share of the
 2      total cost of the establishment of, or expansion of op-
 3      erations at, an internet exchange facility for which a
 4      covered grant is awarded may not exceed 50 percent.
5             (4) GRANT AMOUNT.—The amount of a covered
6       grant may not exceed $3,000,000.
7             (5) APPLICATIONS.—
 8                   (A) RULES   AND     TIMELINES.—Not       later
 9            than 1 year after the date of enactment of this
10            division, the Assistant Secretary shall establish
11            rules and timelines for applications for—
12                      (i) covered grants; and
13                      (ii) grants under subsection (c).
14                   (B) THIRD   PARTY    REVIEW.—To        prevent
15            fraud in the covered grant program, the Assist-
16            ant Secretary shall enter into a contract with an
17            independent third party under which the third
18            party reviews an application for a covered grant
19            not later than 60 days after the date on which
20            the application is submitted to ensure that only
21            an entity that is eligible for a covered grant re-
22            ceives a covered grant.
23            (6) RULE OF CONSTRUCTION.—Nothing in this
24      subsection shall be construed to authorize the Assist-
25      ant Secretary to regulate, issue guidance for, or other-


     † HR 4521 EAS
                                 444
 1       wise interfere with the activities at an internet ex-
 2       change facility.
 3       (c) SUBMARINE CABLE LANDING STATION GRANTS.—
 4 Not later than 1 year after the date on which amounts are
 5 made available under subsection (e), and in accordance
 6 with the rules and timelines established under subsection
 7 (b)(5)(A), the Assistant Secretary shall award grants to
 8 States and Indian Tribes to build infrastructure and ac-
 9 quire necessary equipment to establish or expand an open-
10 access, carrier-neutral submarine cable landing station that
11 serves a military facility.
12       (d) REPORT.—Not later than 5 years after the date
13 of enactment of this division, and annually thereafter for
14 5 years, the Assistant Secretary shall submit a report on
15 outcomes of grants awarded under this section to—
16             (1) the Committee on Commerce, Science, and
17       Transportation of the Senate; and
18             (2) the Committee on Energy and Commerce of
19       the House of Representatives.
20       (e) AUTHORIZATION OF APPROPRIATIONS.—
21             (1) IN GENERAL.—There is authorized to be ap-
22       propriated $35,000,000 to carry out subsections (b)
23       and (c).
24             (2) LIMITATION.—The Assistant Secretary may
25       not use more than 10 percent of the amounts made


      † HR 4521 EAS
                                 445
 1       available under paragraph (1) to administer and re-
 2       port on the outcomes of grants awarded under this
 3       section.
 4       (f) RETURN OF CERTAIN GRANT AMOUNTS.—The As-
 5 sistant Secretary may require a recipient of a grant award-
 6 ed under subsection (b) or (c) to return all or a portion
 7 of the grant amount if there is evidence of waste, fraud,
 8 or abuse of grant funds by the recipient.
 9   SEC. 2513. STUDY OF SISTER CITY PARTNERSHIPS OPER-

10                    ATING WITHIN THE UNITED STATES INVOLV-

11                    ING FOREIGN COMMUNITIES IN COUNTRIES

12                    WITH SIGNIFICANT PUBLIC SECTOR CORRUP-

13                    TION.

14       (a) SHORT TITLE.—This section may be cited as the
15 ‘‘Sister City Transparency Act’’.
16       (b) DEFINITIONS.—In this section:
17             (1)     APPROPRIATE     CONGRESSIONAL     COMMIT-

18       TEES.—The term ‘‘appropriate congressional commit-

19       tees’’ means—
20                     (A) the Committee on Foreign Relations of
21             the Senate;
22                     (B) the Committee on Health, Education,
23             Labor, and Pensions of the Senate;
24                     (C) the Committee on Armed Services of the
25             Senate;


      † HR 4521 EAS
                                446
 1                    (D) the Committee on Foreign Affairs of the
 2             House of Representatives;
 3                    (E) the Committee on Education and Labor
 4             of the House of Representatives; and
 5                    (F) the Committee on Armed Services of the
 6             House of Representatives.
 7             (2) FOREIGN COMMUNITY.—The term ‘‘foreign
 8       community’’ means any subnational unit of govern-
 9       ment outside of the United States.
10             (3) SISTER CITY PARTNERSHIP.—The term ‘‘sis-
11       ter city partnership’’ means a formal agreement be-
12       tween a United States community and a foreign com-
13       munity that—
14                    (A) is recognized by Sister Cities Inter-
15             national; and
16                    (B) is operating within the United States.
17             (4) UNITED      STATES   COMMUNITY.—The      term
18       ‘‘United States community’’ means a State, county,
19       city, or other unit of local government in the United
20       States.
21       (c) STUDY OF SISTER CITY PARTNERSHIPS OPER-
22   ATING WITHIN THE UNITED STATES INVOLVING FOREIGN

23 COMMUNITIES IN COUNTRIES WITH SIGNIFICANT PUBLIC
24 SECTOR CORRUPTION.—




      † HR 4521 EAS
                                447
1             (1) IN GENERAL.—The Comptroller General of
2       the United States shall conduct a study of the activi-
3       ties of sister city partnerships involving foreign com-
4       munities in countries receiving a score of 45 or less
5       on Transparency International’s 2019 Corruption
6       Perceptions Index.
 7            (2) ELEMENTS OF THE STUDY.—The study con-
 8      ducted under paragraph (1) shall—
 9                   (A) identify—
10                        (i) the criteria by which foreign com-
11                   munities identify United States commu-
12                   nities as candidates for sister city partner-
13                   ships, including themes with respect to the
14                   prominent economic activities and demo-
15                   graphics of such United States commu-
16                   nities;
17                        (ii) the activities conducted within sis-
18                   ter city partnerships;
19                        (iii) the economic and educational out-
20                   comes of such activities;
21                        (iv) the types of information that sister
22                   city partnerships make publicly available,
23                   including information relating to contracts
24                   and activities;




     † HR 4521 EAS
                                   448
 1                           (v) the means by which United States
 2                   communities safeguard freedom of expres-
 3                   sion within sister city partnerships; and
 4                           (vi) the oversight practices that United
 5                   States communities implement to mitigate
 6                   the risks of foreign espionage and economic
 7                   coercion within sister city partnerships;
 8                   (B) assess—
 9                           (i) the extent to which United States
10                   communities ensure transparency regarding
11                   sister city partnership contracts and activi-
12                   ties;
13                           (ii) the extent to which sister city part-
14                   nerships involve economic arrangements
15                   that make United States communities vul-
16                   nerable to malign market practices;
17                           (iii) the extent to which sister city
18                   partnerships involve educational arrange-
19                   ments that diminish the freedom of expres-
20                   sion;
21                           (iv) the extent to which sister city
22                   partnerships allow foreign nationals to ac-
23                   cess local commercial, educational, and po-
24                   litical institutions;




     † HR 4521 EAS
                                449
 1                        (v) the extent to which foreign commu-
 2                   nities could use sister city partnerships to
 3                   realize strategic objectives that do not con-
 4                   duce to the economic and national security
 5                   interests of the United States;
 6                        (vi) the extent to which sister city
 7                   partnerships could enable or otherwise con-
 8                   tribute to foreign communities’ malign ac-
 9                   tivities globally, including activities relat-
10                   ing to human rights abuses and academic
11                   and industrial espionage; and
12                        (vii) the extent to which United States
13                   communities seek to mitigate foreign na-
14                   tionals’ potentially inappropriate use of
15                   visa programs to participate in activities
16                   relating to sister city partnerships; and
17                   (C) review—
18                        (i) the range of activities conducted
19                   within sister city partnerships, including
20                   activities relating to cultural exchange and
21                   economic development;
22                        (ii) how such activities differ between
23                   sister city partnerships; and




     † HR 4521 EAS
                                 450
 1                          (iii) best practices to ensure trans-
 2                     parency regarding sister city partnerships’
 3                     agreements, activities, and employees.
 4             (3) REPORT.—
 5                     (A) IN GENERAL.—Not later than 6 months
 6             after initiating the study required under para-
 7             graph (1), the Comptroller General shall submit
 8             a report to the appropriate congressional com-
 9             mittees that contains the results of such study,
10             including the findings, conclusions, and rec-
11             ommendations (if any) of the study.
12                     (B) FORM.—The report required under sub-
13             paragraph (A) may include a classified annex, if
14             necessary.
15   SEC. 2514. PROHIBITION ON TRANSFER, ASSIGNMENT, OR

16                    DISPOSITION OF CONSTRUCTION PERMITS

17                    AND STATION LICENSES TO ENTITIES SUB-

18                    JECT TO UNDUE INFLUENCE BY THE CHI-

19                    NESE COMMUNIST PARTY OR THE GOVERN-

20                    MENT OF THE PEOPLE’S REPUBLIC OF CHINA.

21       The Federal Communications Commission shall, pur-
22 suant to section 310 of the Communications Act of 1934
23 (47 U.S.C. 310), prohibit the transfer, assignment, or dis-
24 position of construction permits and station licenses to an
25 entity that is subject to undue influence by the Chinese


      † HR 4521 EAS
                                  451
1 Communist Party or the Government of the People’s Repub-
2 lic of China.
 3   SEC. 2515. LIMITATION ON NUCLEAR COOPERATION WITH

 4                    THE PEOPLE’S REPUBLIC OF CHINA.

 5       (a) IN GENERAL.—The President shall not—
 6             (1) develop, design, plan, promulgate, imple-
 7       ment, or execute a bilateral policy, program, order, or
 8       contract of any kind to participate in, collaborate on,
 9       or coordinate bilaterally in any manner with respect
10       to nuclear cooperation activities, or otherwise engage
11       in nuclear cooperation, with—
12                     (A) the Government of the People’s Republic
13             of China; or
14                     (B) any company—
15                          (i) owned by the Government of the
16                     People’s Republic of China; or
17                          (ii) incorporated under the laws of the
18                     People’s Republic of China; or
19             (2) allow any agency of the United States Gov-
20       ernment to host official visitors at a facility belonging
21       to the agency if those visitors are—
22                     (A) officials, corporate officers, or principal
23             shareholders of any entity described in subpara-
24             graph (A) or (B) of paragraph (1); or




      † HR 4521 EAS
                                452
 1                   (B) individuals subject to undue influence
 2            by the individuals described in subparagraph
 3            (A).
 4      (b) REVIEW OF PRIOR NUCLEAR COOPERATION AND
 5 ASSOCIATED IMPACTS.—
 6            (1) AGREEMENT.—Not later than 60 days after
 7      the date of enactment of this division, the Secretary
 8      of State shall seek to enter into an agreement with the
 9      National Academy of Public Administration (referred
10      to in this section as the ‘‘National Academy’’) to
11      carry out the review and assessment described in
12      paragraph (2) and submit the report described in
13      paragraph (3).
14            (2) REVIEW AND ASSESSMENT.—
15                   (A) IN GENERAL.—Under the agreement de-
16            scribed in paragraph (1), the National Academy
17            shall—
18                        (i) conduct a review of nuclear co-
19                   operation during the 25-year period ending
20                   on the date of enactment of this division be-
21                   tween the United States Government and
22                   the People’s Republic of China, including
23                   the role of the Department of State in facili-
24                   tating such cooperation; and




     † HR 4521 EAS
                               453
 1                       (ii) perform an assessment of the im-
 2                   plications of the cooperation described in
 3                   clause (i) on the national security of the
 4                   United States.
 5                   (B) ELEMENTS.—In conducting the review
 6            and assessment under subparagraph (A), the Na-
 7            tional Academy shall examine all cooperative ac-
 8            tivities relating to nuclear cooperation between
 9            the United States Government and the People’s
10            Republic of China during the 25-year period
11            ending on the date of enactment of this division,
12            including—
13                       (i) all trips relating to nuclear co-
14                   operation taken by officials of the Depart-
15                   ment of State to the People’s Republic of
16                   China;
17                       (ii) all exchanges of goods, services,
18                   data, or information between officials of the
19                   United States Government and an entity
20                   described in subparagraph (A) or (B) of
21                   subsection (a)(1); and
22                   (C) all instances in which officials of the
23            United States Government hosted officials from,
24            or significantly tied to, an entity described in
25            subparagraph (A) or (B) of subsection (a)(1).


     † HR 4521 EAS
                                454
 1            (3) DEADLINE AND REPORT.—Not later than 1
 2      year after the date on which the Secretary and the
 3      National Academy enter into an agreement described
 4      in paragraph (1), the National Academy shall—
 5                   (A) complete the review and assessment de-
 6            scribed in paragraph (2); and
 7                   (B) submit a report containing the results
 8            of the review and assessment, which shall be un-
 9            classified but, if necessary, may contain a classi-
10            fied annex, to—
11                        (i) the Secretary; and
12                        (ii) the appropriate congressional com-
13                   mittees.
14            (4) PUBLICATION.—Not later than 60 days after
15      the date on which the National Academy submits the
16      report under paragraph (3), the Secretary shall make
17      the report publically available in an easily accessible
18      electronic format, with appropriate redactions for in-
19      formation that, in the determination of the Secretary,
20      would be damaging to the national security of the
21      United States if disclosed.
22      (c) WAIVERS.—
23            (1) WAIVER        FOR   COUNTERTERRORISM;     NON-

24      PROLIFERATION ACTIVITIES; AND THE NATIONAL IN-




     † HR 4521 EAS
                                455
 1      TEREST.—The         President may waive the limitation
 2      under subsection (a)—
 3                   (A) to continue ongoing activities with the
 4            People’s Republic of China relating to nuclear
 5            and radiological counterterrorism, nuclear and
 6            radiological counterproliferation, and nuclear
 7            and radiological nonproliferation; or
 8                   (B) if the President determines that such
 9            waiver is in the national interests of the United
10            States, provided the Federal Bureau of Investiga-
11            tion certifies prior to such waiver that the per-
12            sons covered under such waiver—
13                         (i) are not subject to undue influence
14                   by the Government of the People’s Republic
15                   of China or the Chinese Communist Party,
16                   or by officials of the People’s Republic of
17                   China or the Chinese Communist Party;
18                   and
19                         (ii) are not engaged in human rights
20                   abuses.
21            (2) WAIVER TO ADDRESS EMERGENCIES.—Sub-
22      ject to receiving appropriate licenses and other au-
23      thorizations, the President may waive the limitation
24      under subsection (a) to allow transfers of technology




     † HR 4521 EAS
                              456
 1       and equipment to address a nuclear or radiological
 2       emergency.
 3             (3) NOTIFICATION     REQUIREMENT.—The      Presi-
 4       dent shall notify Congress of any waiver issued under
 5       paragraph (1) or (2).
 6       (d) DEFINITIONS.—In this section:
 7             (1) NUCLEAR COOPERATION.—The term ‘‘nuclear
 8       cooperation’’ means cooperation with respect to nu-
 9       clear activities, including the development, use, or
10       control of atomic energy, including any activities in-
11       volving the processing or utilization of source mate-
12       rial, byproduct material, or special nuclear material
13       (as those terms are defined in section 11 of the Atomic
14       Energy Act of 1954 (42 U.S.C. 2014)).
15             (2) NUCLEAR     COOPERATION    ACTIVITIES.—The

16       term ‘‘nuclear cooperation activities’’ means activities
17       relating to nuclear cooperation.
18       (e) RULE OF CONSTRUCTION.— Nothing in this divi-
19 sion shall be construed to prohibit—
20             (1) United States commercial activities, provided
21       such activities are consistent with the laws and regu-
22       lations of the United States; and
23             (2) limited diplomatic engagement or dialogue—




      † HR 4521 EAS
                                 457
 1                      (A) including regarding protection of the
 2              intellectual property and trade secrets of Amer-
 3              ican persons; and
 4                      (B) except for any diplomatic engagement
 5              or dialogue relating to or aimed at facilitating
 6              the transfer of nuclear technology.
 7   SEC. 2516. CERTIFICATION.

 8        Section 1260I(a) of the National Defense Authoriza-
 9 tion Act for Fiscal Year 2020 (Public Law 116–92; 113
10 Stat. 1687) is amended—
11              (1) by inserting ‘‘and’’ at the end of paragraph
12        (2); and
13              (2) by striking paragraphs (3) and (4) and in-
14        serting the following:
15              ‘‘(3) Huawei does not pose an ongoing threat to
16        the critical infrastructure of the United States or its
17        allies.’’.
18   SEC. 2517. FAIRNESS AND DUE PROCESS IN STANDARDS-

19                     SETTING BODIES.

20        (a) DEFINITIONS.—In this section:
21              (1) APPROPRIATE COMMITTEES OF CONGRESS.—
22        The term ‘‘appropriate committees of Congress’’
23        means—
24                      (A) the Committee on Commerce, Science,
25              and Transportation of the Senate;


       † HR 4521 EAS
                               458
 1                   (B) the Committee on Armed Services of the
 2            Senate;
 3                   (C) the Select Committee on Intelligence of
 4            the Senate;
 5                   (D) the Committee on Foreign Relations of
 6            the Senate;
 7                   (E) the Committee on Science, Space, and
 8            Technology of the House of Representatives;
 9                   (F) the Committee on Armed Services of the
10            House of Representatives;
11                   (G) the Permanent Select Committee on In-
12            telligence of the House of Representatives; and
13                   (H) the Committee on Foreign Affairs of the
14            House of Representatives.
15            (2) ASSISTANT SECRETARY.—The term ‘‘Assist-
16      ant Secretary’’ means the Assistant Secretary of Com-
17      merce for Communications and Information.
18      (b) STUDY.—
19            (1) IN GENERAL.—Not later than 270 days after
20      the date of enactment of this division, the Secretary
21      of Commerce, acting through the Assistant Secretary,
22      shall submit to the appropriate committees of Con-
23      gress the results of a study identifying opportunities
24      for improved participation by United States Govern-
25      ment experts in the standardization activities of the


     † HR 4521 EAS
                                  459
 1      Telecommunication Standardization Sector of the
 2      International Telecommunication Union.
 3            (2) CONSULTATIONS REQUIRED.—In conducting
 4      the study required under paragraph (1), the Assistant
 5      Secretary shall—
 6                   (A) consult with—
 7                         (i) the Under Secretary of State for
 8                   Economic Growth, Energy, and the Envi-
 9                   ronment; and
10                         (ii) the Chairman of the Federal Com-
11                   munications Commission;
12                   (B) engage with the International Digital
13            Economy       and     Telecommunication    Advisory
14            Committee; and
15                   (C) provide opportunities for all relevant
16            stakeholders in the United States to provide
17            meaningful input with respect to the conduct of
18            the study.
19            (3) CONTENTS.—The study required under para-
20      graph (1) shall include—
21                   (A) the identification and assessment of fac-
22            tors that serve as a barrier to the participation
23            of United States Government experts in the
24            standards development activities of the Tele-
25            communication Standardization Sector of the


     † HR 4521 EAS
                                460
1             International Telecommunication Union, includ-
2             ing—
3                         (i) budgetary constraints;
4                         (ii) lack of awareness regarding the
5                    strategic importance of, and support for,
6                    participation in those activities;
7                         (iii) limited knowledge about opportu-
8                    nities for, and means of, participation with
9                    respect to those activities;
10                        (iv) the extent to which there are op-
11                   portunities for cooperation with government
12                   experts from like-minded foreign allies with
13                   respect to those activities; and
14                        (v) any other barriers to effective par-
15                   ticipation in, and representation with re-
16                   spect to, those activities; and
17                   (B) recommendations regarding how the
18            barriers to increased and effective participation,
19            as identified under subparagraph (A), could be
20            addressed, which may include—
21                        (i) strategies and tactics to ensure
22                   long-term participation;
23                        (ii) means for improved information
24                   sharing and coordination—




     † HR 4521 EAS
                                   461
 1                             (I) among Federal Government
 2                        participants;
 3                             (II) between the public and pri-
 4                        vate sectors; and
 5                             (III) between the Federal Govern-
 6                        ment and like-minded foreign allies;
 7                        (iii) identification of suitable leader-
 8                    ship opportunities for Federal Government
 9                    participants; and
10                        (iv) any other recommendation that
11                    the Assistant Secretary determines to be ap-
12                    propriate.
13   SEC. 2518. SHARK FIN SALES ELIMINATION.

14       (a) SHORT TITLE.—This section may be cited as the
15 ‘‘Shark Fin Sales Elimination Act of 2021’’.
16       (b) PROHIBITION ON SALE OF SHARK FINS.—
17             (1) PROHIBITION.—Except as provided in sub-
18       section (c), no person shall possess, transport, offer for
19       sale, sell, or purchase shark fins or products con-
20       taining shark fins.
21             (2) PENALTY.—A violation of paragraph (1)
22       shall be treated as an act prohibited by section 307
23       of the Magnuson-Stevens Fishery Conservation and
24       Management Act (16 U.S.C. 1857) and shall be pe-
25       nalized pursuant to section 308(a) of that Act (16


      † HR 4521 EAS
                              462
 1       U.S.C. 1858(a)), except that the maximum civil pen-
 2       alty for each violation shall be $100,000, or the fair
 3       market value of the shark fins involved, whichever is
 4       greater.
 5       (c) EXCEPTIONS.—A person may possess a shark fin
 6 that was taken lawfully under a State, territorial, or Fed-
 7 eral license or permit to take or land sharks, if the shark
 8 fin is separated from the shark in a manner consistent with
 9 the license or permit and is—
10             (1) destroyed or discarded upon separation;
11             (2) used for noncommercial subsistence purposes
12       in accordance with State or territorial law;
13             (3) used solely for display or research purposes
14       by a museum, college, or university, or other person
15       under a State or Federal permit to conduct non-
16       commercial scientific research; or
17             (4) retained by the license or permit holder for
18       a noncommercial purpose.
19       (d) DOGFISH.—
20             (1) IN GENERAL.—It shall not be a violation of
21       subsection (b) for any person to possess, transport,
22       offer for sale, sell, or purchase any fresh or frozen raw
23       fin or tail from any stock of the species Mustelus
24       canis (smooth dogfish) or Squalus acanthias (spiny
25       dogfish).


      † HR 4521 EAS
                               463
 1            (2) REPORT.—By not later than January 1,
 2      2027, the Secretary of Commerce shall review the ex-
 3      emption contained in paragraph (1) and shall pre-
 4      pare and submit to Congress a report that includes a
 5      recommendation on whether the exemption contained
 6      in paragraph (1) should continue or be terminated.
 7      In preparing such report and making such rec-
 8      ommendation, the Secretary shall analyze factors in-
 9      cluding—
10                   (A) the economic viability of dogfish fish-
11            eries with and without the continuation of the
12            exemption;
13                   (B) the impact to ocean ecosystems of con-
14            tinuing or terminating the exemption;
15                   (C) the impact on enforcement of the ban
16            contained in subsection (b) caused by the exemp-
17            tion; and
18                   (D) the impact of the exemption on shark
19            conservation.
20      (e) DEFINITION OF SHARK FIN.—In this section, the
21 term ‘‘shark fin’’ means—
22            (1) the raw or dried or otherwise processed de-
23      tached fin of a shark; or
24            (2) the raw or dried or otherwise processed de-
25      tached tail of a shark.


     † HR 4521 EAS
                                464
 1       (f) STATE AUTHORITY.—Nothing in this section may
 2 be construed to preclude, deny, or limit any right of a State
 3 or territory to adopt or enforce any regulation or standard
 4 that is more stringent than a regulation or standard in ef-
 5 fect under this section.
 6       (g) SEVERABILITY.—If any provision of this section or
 7 its application to any person or circumstance is held in-
 8 valid, the invalidity does not affect other provisions or ap-
 9 plications of this section which can be given effect without
10 the invalid provision or application, and to this end the
11 provisions of this section are severable.
12   SEC. 2519. SENSE OF CONGRESS ON FORCED LABOR.

13       It is the sense of Congress that the Federal Government
14 shall not engage in research, partnerships, contracts, or
15 other agreements with any entity (including any country
16 or institution of higher education) that has any affiliation
17 with a country that engages in forced labor.
18   SEC. 2520. OPEN NETWORK ARCHITECTURE.

19       (a) OPEN NETWORK ARCHITECTURE TESTBED.—
20             (1) DEFINITIONS.—In this subsection—
21                    (A) the term ‘‘Applied Research Open-RAN
22             testbed’’ means the testbed established under
23             paragraph (2);




      † HR 4521 EAS
                               465
1                    (B) the term ‘‘Assistant Secretary’’ means
2             the Assistant Secretary of Commerce for Commu-
3             nications and Information; and
4                    (C) the term ‘‘NTIA’’ means the National
5             Telecommunications and Information Adminis-
6             tration.
 7            (2) ESTABLISHMENT.—The Assistant Secretary
 8      shall establish an applied research open network ar-
 9      chitecture testbed at the Institute for Telecommuni-
10      cation Sciences of the NTIA to develop and dem-
11      onstrate network architectures and applications,
12      equipment integration and interoperability at scale,
13      including—
14                   (A) Open Radio Access Network (commonly
15            known as ‘‘Open-RAN’’) technology;
16                   (B) Virtualized Radio Access Network (com-
17            monly known as ‘‘vRAN’’) technology; and
18                   (C) cloud native technologies that replicate
19            telecommunications hardware as software-based
20            virtual network elements and functions.
21            (3) FOCUS;     CONSIDERATIONS.—In      establishing
22      the Applied Research Open-RAN testbed pursuant to
23      this section, the Assistant Secretary shall ensure that
24      such testbed evaluates issues related to deployment




     † HR 4521 EAS
                                466
 1      and operation of open network architectures in rural
 2      areas.
 3            (4) COOPERATIVE RESEARCH AND DEVELOPMENT
 4      AGREEMENTS.—The          Assistant Secretary shall enter
 5      into cooperative research and development agreements
 6      as appropriate to obtain equipment, devices, and ex-
 7      pertise for the Applied Research Open-RAN testbed,
 8      in accordance with section 12 of the Stevenson-Wydler
 9      Technology Innovation Act of 1980 (15 U.S.C.
10      3710a).
11            (5) PRIVATE SECTOR CONTRIBUTIONS.—The As-
12      sistant Secretary may accept private contributions to
13      the Applied Research Open-RAN testbed in the form
14      of network equipment or devices for testing purposes.
15            (6) PARTNERSHIP         WITH   GOVERNMENT      ENTI-

16      TIES.—

17                   (A) ESTABLISHMENT.—In establishing the
18            Applied Research Open-RAN testbed, the Assist-
19            ant Secretary shall—
20                        (i) consult with the Federal Commu-
21                   nications Commission, including with re-
22                   spect to ongoing work by the Commission to
23                   develop other testbeds, including private sec-
24                   tor testbeds, related to Open-RAN tech-
25                   nologies; and


     † HR 4521 EAS
                                 467
1                         (ii) ensure that the work on the testbed
2                    is coordinated with the responsibilities of
3                    the Assistant Secretary under any relevant
4                    memorandum of understanding with the
5                    Federal Communications Commission and
6                    the National Science Foundation related to
7                    spectrum.
 8                   (B) OPERATIONS.—In operating the Ap-
 9            plied Research Open-RAN testbed, the Assistant
10            Secretary shall, in consultation with the Federal
11            Communications Commission, partner with—
12                        (i) the First Responder Network Au-
13                   thority of the NTIA (also known as
14                   ‘‘FirstNet’’) and the Public Safety Commu-
15                   nications Research Division of the National
16                   Institute of Standards and Technology to
17                   examine use cases and applications for
18                   Open-RAN technologies in a public safety
19                   network;
20                        (ii) other Federal agencies, as appro-
21                   priate to examine use cases and applica-
22                   tions for Open-RAN technologies in other
23                   areas of interest to such agencies; and
24                        (iii) international partners, as appro-
25                   priate.


     † HR 4521 EAS
                              468
 1            (7) STAKEHOLDER INPUT.—The Assistant Sec-
 2      retary shall seek input from stakeholders regarding
 3      the establishment and operation of the Applied Re-
 4      search Open-RAN testbed.
 5            (8)    IMPLEMENTATION     DEADLINE.—Not     later
 6      than 180 days after the date of enactment of this divi-
 7      sion, the Assistant Secretary shall—
 8                   (A) define metrics and parameters for the
 9            Applied Research Open-RAN testbed, including
10            functionality, project configuration and capac-
11            ity, performance, security requirements, and
12            quality assurance;
13                   (B) adopt any rules as necessary, in con-
14            sultation with the Federal Communications
15            Commission; and
16                   (C) begin the development of the Applied
17            Research Open-RAN testbed, including seeking
18            stakeholder input as required by paragraph (7).
19            (9) REPORT.—Not later than 1 year after the
20      date of enactment of this division, the Assistant Sec-
21      retary shall submit to the Committee on Commerce,
22      Science and Transportation of the Senate and the
23      Committee on Energy and Commerce of the House of
24      Representatives a report on the findings of the testbed
25      and any recommendations for additional legislative


     † HR 4521 EAS
                               469
 1       or regulatory actions relating to the work of the
 2       testbed.
 3             (10) AUTHORIZATION OF APPROPRIATIONS.—
 4                    (A) IN GENERAL.—There are authorized to
 5             be appropriated for the administration of the
 6             Applied Research Open-RAN testbed $20,000,000
 7             for fiscal year 2022, to remain available until
 8             expended.
 9                    (B) RULE OF CONSTRUCTION.—Nothing in
10             paragraph (6) shall be construed to obligate
11             FirstNet or any other Federal entity to pay for
12             the cost of the Applied Research Open-RAN
13             testbed created under this section in the absence
14             of the appropriation of amounts under this
15             paragraph.
16                    (C) AUTHORIZATION FOR VOLUNTARY SUP-
17             PORT.—A      Federal entity, including FirstNet,
18             may voluntarily enter into an agreement with
19             NTIA to provide monetary or nonmonetary sup-
20             port for the Applied Research Open-RAN testbed.
21       (b) PARTICIPATION       IN   STANDARDS-SETTING BOD-
22   IES.—

23             (1) DEFINITIONS.—In this section—




      † HR 4521 EAS
                               470
1                    (A) the term ‘‘Assistant Secretary’’ means
2             the Assistant Secretary of Commerce for Commu-
3             nications and Information;
4                    (B) the term ‘‘eligible standards-setting
5             body’’—
6                        (i) means a standards-setting body,
7                    participation in which may be funded by a
8                    grant awarded under paragraph (2), as de-
9                    termined by the Assistant Secretary; and
10                       (ii) includes—
11                            (I) the 3rd Generation Partner-
12                       ship Project (commonly known as
13                       ‘‘3GPP’’);
14                            (II)    the   Alliance     for   Tele-
15                       communications       Industry     Solutions
16                       (commonly known as ‘‘ATIS’’);
17                            (III)   the     International    Tele-
18                       communications       Union      (commonly
19                       known as ‘‘ITU’’);
20                            (IV) the Institute for Electrical
21                       and Electronics Engineers (commonly
22                       known as ‘‘IEEE’’);
23                            (V)             the              World
24                       Radiocommunications             Conferences




     † HR 4521 EAS
                                471
 1                        (commonly known as the ‘‘WRC’’) of
 2                        the ITU;
 3                             (VI) the Internet Engineering
 4                        Task Force (commonly known as the
 5                        ‘‘IETF’’);
 6                             (VII) the International Organiza-
 7                        tion for Standardization (commonly
 8                        known as the ‘‘ISO’’) and the Inter-
 9                        national Electrotechnical Commission
10                        (commonly known as the ‘‘IEC’’);
11                             (VIII) the O-RAN Alliance;
12                             (IX) the Telecommunications In-
13                        dustry Association (commonly known
14                        as ‘‘TIA’’); and
15                             (X) any other standards-setting
16                        body identified under paragraph (4);
17                   (C) the term ‘‘Secretary’’ means the Sec-
18            retary of Commerce; and
19                   (D) the term ‘‘standards-setting body’’
20            means an international body that develops the
21            standards for open network architecture tech-
22            nologies.
23            (2) GRANT PROGRAM.—
24                   (A) IN GENERAL.—The Secretary, in col-
25            laboration with the Assistant Secretary, shall


     † HR 4521 EAS
                              472
 1            award grants to private sector entities based in
 2            the United States to participate in eligible
 3            standards-setting bodies.
 4                   (B) PRIORITIZATION.—The Secretary shall
 5            prioritize grants awarded under this section to
 6            private sector entities that would not otherwise
 7            be able to participate in eligible standards-set-
 8            ting bodies without the grant.
 9            (3) GRANT CRITERIA.—Not later than 180 days
10      after the date on which amounts are appropriated
11      under paragraph (5), the Secretary, in collaboration
12      with the Assistant Secretary, shall establish criteria
13      for the grants awarded under paragraph (2).
14            (4) CONSULTATION WITH FEDERAL COMMUNICA-
15      TIONS COMMISSION.—The Secretary shall consult with

16      the Federal Communications Commission in—
17                   (A) determining criteria for the grants
18            awarded under paragraph (2); and
19                   (B) determining which standards-setting
20            bodies, if any, in addition to the standards-set-
21            ting bodies listed in paragraph (1)(B)(ii) are eli-
22            gible standards-setting bodies.
23            (5) AUTHORIZATION OF APPROPRIATIONS.—
24                   (A) IN GENERAL.—There are authorized to
25            be appropriated for grants under paragraph (2)


     † HR 4521 EAS
                               473
 1             $30,000,000 in total for fiscal years 2022
 2             through 2025, to remain available until ex-
 3             pended.
 4                    (B) ADMINISTRATIVE     COSTS.—The   Sec-
 5             retary may use not more than 2 percent of any
 6             funds appropriated under this paragraph for the
 7             administration of the grant program established
 8             under this subsection.
 9   SEC. 2521. COMBATTING SEXUAL HARASSMENT IN SCIENCE.

10       (a) DEFINITIONS.—This section may be cited as the
11 ‘‘Combating Sexual Harassment in Science Act of 2021’’.
12       (b) DEFINITIONS.—In this section:
13             (1) DIRECTOR.—The term ‘‘Director’’ means the
14       Director of the National Science Foundation.
15             (2) FEDERAL SCIENCE AGENCY.—The term ‘‘Fed-
16       eral science agency’’ means any Federal agency with
17       an annual extramural research expenditure of over
18       $100,000,000.
19             (3) GRANT PERSONNEL.—The term ‘‘grant per-
20       sonnel’’ means principal investigators and co-prin-
21       cipal investigators supported by a grant award under
22       Federal law and their trainees.
23             (4) INSTITUTION OF HIGHER EDUCATION.—The
24       term ‘‘institution of higher education’’ has the mean-




      † HR 4521 EAS
                                 474
 1      ing given such term in section 101 of the Higher Edu-
 2      cation Act of 1965 (20 U.S.C. 1001).
 3            (5) NATIONAL ACADEMIES.—The term ‘‘National
 4      Academies’’      means    the   National   Academies   of
 5      Sciences, Engineering, and Medicine.
 6            (6) RECIPIENT.—The term ‘‘recipient’’ means an
 7      entity, usually a non-Federal entity, that receives a
 8      Federal award directly from a Federal awarding
 9      agency. The term ‘‘recipient’’ does not include entities
10      that receive subgrants or individuals that are the
11      beneficiaries of the award.
12            (7) SEXUAL HARASSMENT.—The term ‘‘sexual
13      harassment’’ has the meaning given such term in sec-
14      tion 1604.11 of title 29, Code of Federal Regulations
15      (or any successor regulations).
16      (c) RESEARCH GRANTS.—
17            (1) IN    GENERAL.—The      Director shall award
18      grants, on a competitive basis, to institutions of high-
19      er education or nonprofit organizations (or consortia
20      of such institutions or organizations)—
21                   (A) to expand research efforts to better un-
22            derstand the factors contributing to, and con-
23            sequences of, sexual harassment affecting individ-
24            uals in the scientific, technical, engineering, and




     † HR 4521 EAS
                               475
 1            mathematics workforce, including students and
 2            trainees; and
 3                   (B) to examine best practices to reduce the
 4            incidence and negative consequences of such har-
 5            assment.
 6            (2) USE     OF FUNDS.—Activities    funded by a
 7      grant under this subsection may include—
 8                   (A) research on the sexual harassment expe-
 9            riences of individuals in underrepresented or
10            vulnerable groups, including communities of
11            color, disabled individuals, foreign nationals,
12            sexual- and gender-minority individuals, and
13            others;
14                   (B) development and assessment of policies,
15            procedures, trainings, and interventions, with re-
16            spect to sexual harassment, conflict management,
17            and ways to foster respectful and inclusive cli-
18            mates;
19                   (C) research on approaches for remediating
20            the negative impacts and outcomes of such har-
21            assment on individuals experiencing such har-
22            assment;
23                   (D) support for institutions of higher edu-
24            cation or nonprofit organizations to develop,
25            adapt, implement, and assess the impact of inno-


     † HR 4521 EAS
                                476
 1             vative, evidence-based strategies, policies, and
 2             approaches to policy implementation to prevent
 3             and address sexual harassment;
 4                    (E) research on alternatives to the power
 5             dynamics and hierarchical and dependent rela-
 6             tionships in academia that have been shown to
 7             create higher levels of risk for and lower levels of
 8             reporting of sexual harassment; and
 9                    (F) research related to the ongoing compila-
10             tion, management, and analysis of organiza-
11             tional climate survey data.
12       (d) DATA COLLECTION.—Not later than 180 days after
13 the date of enactment of this division, the Director, through
14 the National Center for Science and Engineering Statistics
15 and with guidance from the Office of Management and
16 Budget given their oversight of the Federal statistical agen-
17 cies, shall convene a working group composed of representa-
18 tives of Federal statistical agencies—
19             (1) to develop questions on sexual harassment in
20       science, technology, engineering, and mathematics de-
21       partments to gather national data on the prevalence,
22       nature, and implications of sexual harassment in in-
23       stitutions of higher education that builds on the work
24       conducted by the National Center for Science and En-
25       gineering Statistics in response to recommendations


      † HR 4521 EAS
                               477
 1      from the National Academies to develop questions on
 2      harassment; and
 3            (2) to include such questions as appropriate,
 4      with sufficient protections of the privacy of respond-
 5      ents, in relevant surveys conducted by the National
 6      Center for Science and Engineering Statistics and
 7      other relevant entities.
 8      (e) RESPONSIBLE CONDUCT GUIDE.—
 9            (1) IN GENERAL.—Not later than 180 days after
10      the date of enactment of this division, the Director
11      shall enter into an agreement with the National Acad-
12      emies to update the report entitled ‘‘On Being a Sci-
13      entist: A Guide to Responsible Conduct in Research’’
14      issued by the National Academies. The report, as so
15      updated, shall include—
16                   (A) updated professional standards of con-
17            duct in research;
18                   (B) standards of treatment individuals can
19            expect to receive under such updated standards
20            of conduct;
21                   (C) evidence-based practices for fostering a
22            climate intolerant of sexual harassment;
23                   (D) methods, including bystander interven-
24            tion, for identifying and addressing incidents of
25            sexual harassment;


     † HR 4521 EAS
                               478
1                    (E) professional standards for mentorship
2             and teaching with an emphasis on power diffu-
3             sion mechanisms and preventing sexual harass-
4             ment;
5                    (F) recommended vetting and hiring prac-
6             tices scientific research entities are urged to im-
7             plement to eliminate serial harassers; and
8                    (G) other topics as the National Academies
9             determines appropriate.
10            (2) RECOMMENDATIONS.—In updating the report
11      under paragraph (1), the National Academies shall
12      take into account recommendations made in the re-
13      port issued by the National Academies in 2018 enti-
14      tled ‘‘Sexual Harassment of Women: Climate, Cul-
15      ture, and Consequences in Academic Sciences, Engi-
16      neering, and Medicine’’ and other relevant studies
17      and evidence.
18            (3) REPORT.—Not later than 18 months after the
19      effective date of the agreement under paragraph (1),
20      the National Academies, as part of such agreement,
21      shall submit to the Director and the Committee on
22      Science, Space, and Technology of the House of Rep-
23      resentatives    and   the    Committee   on   Commerce,
24      Science, and Transportation of the Senate the report




     † HR 4521 EAS
                               479
1       referred to in such subsection, as updated pursuant to
2       such subsection.
3       (f) POLICY GUIDELINES.—
 4            (1) RESPONSIBILITIES OF OSTP.—The Director
 5      of the Office of Science and Technology Policy, in co-
 6      ordination with the working group on inclusion in
 7      STEM fields established under section 308 of the
 8      American Innovation and Competitiveness Act (42
 9      U.S.C. 6626) and the Safe Inclusive Research Envi-
10      ronments Subcommittee of the National Science and
11      Technology Council, and in consultation with rep-
12      resentatives from each Federal science agency, the De-
13      partment of Education, and the Equal Employment
14      Opportunity Commission, shall—
15                   (A) not later than 90 days after the date of
16            the enactment of this division, submit to the
17            Committee on Science, Space, and Technology of
18            the House of Representatives and the Committee
19            on Commerce, Science, and Transportation of
20            the Senate an inventory of Federal science agen-
21            cy policies, procedures, and resources dedicated
22            to preventing and responding to reports of sexual
23            harassment;




     † HR 4521 EAS
                                480
1                    (B) not later than 6 months after the date
2             on which the inventory is submitted under sub-
3             paragraph (A)—
4                         (i) in consultation with outside stake-
5                    holders, develop a set of policy guidelines for
6                    Federal science agencies; and
7                         (ii) submit a report to the committees
8                    referred to in subparagraph (A) containing
9                    such guidelines;
10                   (C) encourage Federal science agencies to
11            develop or maintain and implement policies
12            based on the guidelines developed under subpara-
13            graph (B);
14                   (D) not later than 1 year after the date on
15            which the inventory under subparagraph (A) is
16            submitted, and every 5 years thereafter, the Di-
17            rector of the Office of Science and Technology
18            Policy shall report to Congress on the implemen-
19            tation by Federal science agencies of the policy
20            guidelines developed under subparagraph (B);
21            and
22                   (E) update such policy guidelines as needed.
23            (2) REQUIREMENTS.—
24                   (A) IN    GENERAL.—In      developing policy
25            guidelines under paragraph (1)(B), the Director


     † HR 4521 EAS
                                481
1             of the Office of Science and Technology Policy
2             shall consider guidelines that require, to the ex-
3             tent practicable—
4                          (i) recipients to submit to the Federal
5                    science agency or agencies from which the
6                    recipients receive funding reports relating
7                    to—
8                               (I) any decision made to launch a
9                          formal investigation of sexual harass-
10                         ment by, or of, grant personnel; and
11                              (II) findings or determinations of
12                         sexual harassment by, or of, grant per-
13                         sonnel, including the final disposition
14                         of a matter involving a violation of or-
15                         ganizational policies and processes, to
16                         include the exhaustion of permissible
17                         appeals, or a conviction of a sexual of-
18                         fense in a criminal court of law;
19                         (ii) the updating and sharing of re-
20                   ports of sexual harassment submitted under
21                   clause (i) with relevant Federal science
22                   agencies by agency request; and
23                         (iii) consistency among relevant Fed-
24                   eral agencies with regards to the policies




     † HR 4521 EAS
                                482
 1                   and procedures for receiving reports sub-
 2                   mitted pursuant to clause (i).
 3                   (B) FERPA.—The Director of the Office of
 4            Science and Technology Policy shall ensure that
 5            such guidelines and requirements are consistent
 6            with the requirements of section 444 of the Gen-
 7            eral Education Provisions Act (20 U.S.C. 1232g)
 8            (commonly referred to as the ‘‘Family Edu-
 9            cational Rights and Privacy Act of 1974’’).
10                   (C) PRIVACY PROTECTIONS.—The Director
11            of the Office of Science and Technology Policy
12            shall ensure that such guidelines and require-
13            ments—
14                        (i) do not infringe upon the privacy
15                   rights of individuals associated with reports
16                   submitted to Federal science agencies; and
17                        (ii) do not require recipients to provide
18                   interim reports to Federal science agencies.
19            (3)    CONSIDERATIONS.—In        developing   policy
20      guidelines under paragraph (1)(B), the Director of
21      the Office of Science and Technology Policy shall con-
22      sider protocols that require or incent—
23                   (A) recipients that receive funds from Fed-
24            eral science agencies to periodically assess their
25            organizational climate, which may include the


     † HR 4521 EAS
                                483
1             use of climate surveys, focus groups, or exit
2             interviews;
3                     (B) recipients that receive funds from Fed-
4             eral science agencies to publish on a publicly
5             available internet website the results of assess-
6             ments conducted pursuant to paragraph (1),
7             disaggregated by gender and, if possible, race,
8             ethnicity, disability status, and sexual orienta-
9             tion, and in a manner that does not include per-
10            sonally identifiable information;
11                    (C) recipients that receive funds from Fed-
12            eral science agencies to make public on an an-
13            nual basis the number of determinations of sex-
14            ual harassment at that institution or organiza-
15            tion;
16                    (D) recipients that receive funds from Fed-
17            eral science agencies to regularly assess and im-
18            prove policies, procedures, and interventions to
19            reduce the prevalence of and improve the report-
20            ing of sexual harassment;
21                    (E) each entity applying for Federal assist-
22            ance awards from a Federal science agency to
23            have a code of conduct for maintaining a healthy
24            and welcoming workplace for grant personnel
25            posted on their public website;


     † HR 4521 EAS
                                484
 1                    (F) each recipient that receives funds from
 2             Federal science agencies to have in place mecha-
 3             nisms for the re-integration of individuals who
 4             have experienced sexual harassment; and
 5                    (G) recipients that receive funds from Fed-
 6             eral science agencies to work to create a climate
 7             intolerant of sexual harassment and that values
 8             and promotes diversity and inclusion.
 9             (4) FEDERAL      SCIENCE AGENCY IMPLEMENTA-

10       TION.—Each Federal science agency shall—

11                    (A) develop or maintain and implement
12             policies with respect to sexual harassment that
13             are consistent with policy guidelines under para-
14             graph (1)(B) and that protect the privacy of all
15             parties involved in any report and investigation
16             of sexual harassment; and
17                    (B) broadly disseminate such policies to
18             current and potential recipients of research
19             grants awarded by such agency.
20       (g) NATIONAL ACADEMIES ASSESSMENT.—Not later
21 than 3 years after the date of enactment of this division,
22 the Director shall enter into an agreement with the National
23 Academies to undertake a study and issue a report on the
24 influence of sexual harassment in institutions of higher edu-
25 cation on the career advancement of individuals in the sci-


      † HR 4521 EAS
                              485
 1 entific, engineering, technical, and mathematics workforce.
 2 The study shall assess—
 3             (1) the state of research on sexual harassment in
 4       such workforce;
 5             (2) whether research demonstrates a decrease in
 6       the prevalence of sexual harassment in such workforce;
 7             (3) the progress made with respect to imple-
 8       menting recommendations promulgated in the Na-
 9       tional Academies consensus study report entitled
10       ‘‘Sexual Harassment of Women: Climate, Culture,
11       and Consequences in Academic Sciences, Engineering,
12       and Medicine’’;
13             (4) where to focus future efforts with respect to
14       decreasing sexual harassment in such institutions, in-
15       cluding specific recommendations; and
16             (5) other recommendations and issues, as the Na-
17       tional Academies determines appropriate.
18       (h) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.—
19 Not later than 3 years after the date of enactment of this
20 division, the Comptroller General of the United States
21 shall—
22             (1) complete a study that assesses the degree to
23       which Federal science agencies have implemented the
24       policy guidelines developed under subsection (f)(1)(B)
25       and the effectiveness of that implementation; and


      † HR 4521 EAS
                                   486
 1              (2) submit a report to the Committee on Science,
 2        Space, and Technology of the House of Representa-
 3        tives and the Committee on Commerce, Science, and
 4        Transportation of the Senate on the results of such
 5        study,       including   recommendations   on   potential
 6        changes to practices and policies to improve those
 7        guidelines and that implementation.
 8        (i) HARASSMENT ON THE BASIS OF PREGNANCY STA-
 9   TUS.—The Director of the Office of Science and Technology

10 Policy, in consultation with the Equal Employment Oppor-
11 tunity Commission, shall develop a definition of ‘‘harass-
12 ment on the basis of pregnancy status’’ for the purposes of
13 carrying out this section.
14   SEC. 2522. NATIONAL SCIENCE CORPS.

15        (a) PURPOSE.—It is the purpose of this section to ele-
16 vate the profession of STEM teaching by establishing a Na-
17 tional Science Corps that identifies outstanding STEM
18 teachers in our Nation’s classrooms, rewards them for their
19 accomplishments, elevates their public profile, and creates
20 rewarding career paths to which all STEM teachers can
21 aspire, both to prepare future STEM researchers and to cre-
22 ate a scientifically literate public.
23        (b) DEFINITIONS.—In this section:




       † HR 4521 EAS
                               487
 1            (1)    ADMINISTRATOR.—The       term   ‘‘Adminis-
 2      trator’’ means the Administrator of the National
 3      Science Corps.
4             (2) ELIGIBLE APPLICANT.—The term ‘‘eligible
5       applicant’’ means a STEM teacher who has not less
6       than 2 years of STEM teaching experience and is em-
7       ployed as a public school classroom instructor on the
8       date of selection.
 9            (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
10      ty’’ means—
11                   (A) an institution of higher education (as
12            defined in section 101(a) of the Higher Edu-
13            cation Act of 1965 (20 U.S.C. 1001(a));
14                   (B) a State educational agency (as defined
15            in section 8101 of the Elementary and Sec-
16            ondary Education Act of 1965 (20 U.S.C.
17            7801));
18                   (C) a local educational agency (as defined
19            in section 8101 of the Elementary and Sec-
20            ondary Education Act of 1965 (20 U.S.C.
21            7801)); and
22                   (D) a consortium composed of 1 or more of
23            the entities described in subparagraph (A), (B),
24            or (C), or all 3, and 1 of the following entities:
25                       (i) An education nonprofit association.


     † HR 4521 EAS
                               488
 1                       (ii) A cross sector STEM organization.
 2                       (iii) A private entity, including a
 3                   STEM-related business.
 4            (4) HIGH-NEED SCHOOL.—The term ‘‘high-need
 5      school’’ has the meaning given the term in section
 6      2211(b) of the Elementary and Secondary Education
 7      Act of 1965 (20 U.S.C. 6631(b)).
 8            (5) NATIONAL SCIENCE CORPS CENTRAL ENTI-
 9      TY.—The term ‘‘National Science Corps central enti-

10      ty’’ means an office of the Foundation that—
11                   (A) operates the National Science Corps in
12            accordance with the purposes of this section;
13                   (B) serves as a national convener to im-
14            prove STEM instruction, including improving
15            the diversity of students participating in STEM
16            education and STEM teachers;
17                   (C) serves as standard-bearer and evaluator
18            of regional centers; and
19                   (D) is headed by the Administrator, who re-
20            ports to the Director.
21            (6) PROFESSIONAL         DEVELOPMENT.—The       term
22      ‘‘professional development’’ has the meaning given the
23      term in section 8101 of the Elementary and Sec-
24      ondary Education Act of 1965 (20 U.S.C. 7801).




     † HR 4521 EAS
                               489
 1             (7) REGIONAL      CENTER.—The   term ‘‘regional
 2       center’’ means a regional center of the National
 3       Science Corps.
 4             (8) STEM.—The term ‘‘STEM’’ means science,
 5       technology, engineering, and mathematics, including
 6       computer science.
 7             (9) STEM EDUCATION ADVISORY BOARD.—The
 8       term ‘‘STEM Education Advisory Board’’ means the
 9       Advisory Board for the National Science Corps estab-
10       lished under subsection (e).
11       (c) ESTABLISHMENT OF NATIONAL SCIENCE CORPS.—
12 There is established a National Science Corps 5-year pilot
13 program to be administered by the Administrator, who shall
14 be appointed by the Director, and overseen by the STEM
15 Education Advisory Board.
16       (d) DUTIES OF THE ADMINISTRATOR.—The Adminis-
17 trator shall—
18             (1) create a process and standards for selection
19       of eligible applicants to become members of the Na-
20       tional Science Corps, including—
21                    (A) uniform selection criteria that in-
22             cludes—
23                        (i) deep knowledge of STEM content
24                    and pedagogy;




      † HR 4521 EAS
                                490
 1                        (ii) a passion for STEM subjects and
 2                   dedication to teaching, evidence of leader-
 3                   ship skills, and potential for continued ca-
 4                   reer growth as an educator; and
 5                        (iii) demonstrated experience increas-
 6                   ing STEM student achievement and STEM
 7                   participation rates for all students, particu-
 8                   larly those from rural and high-need
 9                   schools; and
10                   (B) a uniform selection process, including a
11            comprehensive application that includes rec-
12            ommendations and other relevant professional
13            information;
14            (2) build an infrastructure to support the func-
15      tions and operations of the National Science Corps;
16            (3) promote the National Science Corps and ele-
17      vate best practices that emerge from the National
18      Science Corps to a national audience;
19            (4) evaluate the operation and effectiveness of the
20      regional centers; and
21            (5) evaluate the overall and long-term impact of
22      the National Science Corps by—
23                   (A) documenting, monitoring, and assessing
24            the program outcomes or impact on the STEM
25            careers of participants; and


     † HR 4521 EAS
                                 491
 1                   (B) documenting, monitoring, and assessing
 2            the program outcomes for the STEM education
 3            profession nationwide, particularly for rural and
 4            high-need schools.
 5      (e) STEM EDUCATION ADVISORY BOARD.—
 6            (1) ESTABLISHMENT.—There is established a
 7      STEM Education Advisory Board to oversee the oper-
 8      ations of the National Science Corps for the length of
 9      the pilot program.
10            (2) COMPOSITION.—
11                   (A) IN      GENERAL.—The      members of the
12            STEM Education Advisory Board shall comply
13            with the following:
14                        (i) Be appointed by the Director.
15                        (ii) Include a representative from each
16                   of the following:
17                               (I) School leaders.
18                               (II) STEM researchers.
19                               (III) STEM education research-
20                        ers.
21                               (IV) Business leaders.
22                               (V) Kindergarten through grade
23                        12 STEM educators.
24                               (VI) Students pursuing a postsec-
25                        ondary STEM degree.


     † HR 4521 EAS
                                492
 1                    (B) STEM     EDUCATION     ADVISORY    COM-

 2             MITTEE IN EXISTENCE.—The         Director may as-
 3             sign the duties of the STEM Education Advisory
 4             Board, described in paragraph (3), to an advi-
 5             sory committee of the Foundation in existence on
 6             the date of enactment of this division.
 7             (3) DUTIES OF THE STEM EDUCATION ADVISORY
 8       BOARD.—In overseeing the operations of the National

 9       Science Corps, the STEM Education Advisory Board
10       shall—
11                    (A) create a steering committee that is com-
12             prised of STEM educators and researchers rep-
13             resenting a variety of STEM fields and rep-
14             resenting geographic diversity, to help establish
15             the National Science Corps in its initial phases;
16             and
17                    (B) provide a direct connection of the Na-
18             tional Science Corps to the existing research and
19             education communities, ensuring that the Na-
20             tional Science Corps program is consistent with
21             the aspirations of both.
22       (f) DUTIES OF THE REGIONAL CENTERS.—The Ad-
23 ministrator shall award not less than 10 and not more than
24 20 grants, on a competitive basis, to establish regional cen-
25 ters at eligible entities. Each regional center shall—


      † HR 4521 EAS
                                493
1             (1) engage local partners, which may include
2       local educational agencies, institutions of higher edu-
3       cation, STEM organizations, or education nonprofit
4       organizations, to—
5                    (A) develop and serve the community of Na-
6             tional Science Corps members within the region,
7             in coordination local partners to carry out day-
8             to-day activities;
9                    (B) coordinate professional development ac-
10            tivities, including activities led by National
11            Science Corps members;
12                   (C) connect National Science Corps mem-
13            bers with existing educator professional develop-
14            ment programs and coordinate members’ involve-
15            ment as cooperating teachers or mentors;
16                   (D) seek opportunities to involve teachers
17            who are not members of the National Science
18            Corps to participate in National Science Corps
19            activities; and
20                   (E) build partnerships with existing edu-
21            cation organizations and other efforts by State
22            educational agencies and local educational agen-
23            cies that operate programs relevant to the Na-
24            tional Science Corps and its activities;




     † HR 4521 EAS
                              494
 1             (2) recruit eligible applicants, with a focus on
 2       recruiting diverse STEM educators based on race, eth-
 3       nicity, sex, socioeconomic status, age, disability sta-
 4       tus, and language ability;
 5             (3) screen, interview, and select members of the
 6       National Science Corps using procedures and stand-
 7       ards provided by the Administrator;
 8             (4) coordinate the online network that supports
 9       all National Science Corps members in the region;
10             (5) convene occasional meetings of National
11       Science Corps members in a region;
12             (6) create opportunities for the professional
13       growth of National Service Corps members, with a
14       focus on increasing STEM student achievement and
15       STEM participation rates for all students, particu-
16       larly those from rural and high-need schools; and
17             (7) support the retention and success of National
18       Science Corps members in the region.
19       (g) DUTIES OF MEMBERS OF THE NATIONAL SCIENCE
20 CORPS.—An eligible applicant that is selected by a regional
21 center to be a member of the National Science Corps shall—
22             (1) serve a 4-year term with a possibility of re-
23       appointment;
24             (2) receive an annual stipend in an amount of
25       up to $15,000; and


      † HR 4521 EAS
                                495
 1             (3) have substantial responsibilities, including—
 2                    (A) working with other members of the Na-
 3             tional Science Corps to develop and improve in-
 4             novative teaching practices, including practices
 5             such as inquiry-based learning;
 6                    (B) participating in professional develop-
 7             ment on innovative teaching methodology and
 8             mentorship; and
 9                    (C) continuing to excel in teaching the
10             member’s own students, with a focus on advanc-
11             ing equity by spending additional time teaching
12             and coaching underserved students to increase
13             STEM student achievement and STEM partici-
14             pation rates for students from rural and high-
15             need schools.
16       (h) EVALUATIONS.—The Administrator shall evaluate
17 the activities of the regional centers every 2 years.
18       (i) AUTHORIZATION       OF   APPROPRIATIONS.—Out of
19 funds authorized under section 2106, there are authorized
20 to be appropriated $100,000,000 in fiscal years 2022
21 through 2026 to carry out this section.
22   SEC. 2523. ANNUAL REPORT ON FOREIGN RESEARCH.

23       (a) IN GENERAL.—Not later than 180 days after the
24 date of enactment of this division, and not less frequently
25 than every 2 years thereafter, the Director shall prepare and


      † HR 4521 EAS
                                  496
 1 submit a report to the relevant congressional committees re-
 2 garding the research funding from the National Science
 3 Foundation provided to foreign entities.
 4       (b) CONTENTS.—The report submitted under sub-
 5 section (a) shall include the following:
 6             (1) The total amount of National Science Foun-
 7       dation funds provided to research institutions in for-
 8       eign countries.
 9             (2) A complete list of projects funded by the Na-
10       tional Science Foundation provided to foreign enti-
11       ties, including for each project—
12                     (A) a complete abstract;
13                     (B) the previous fiscal year’s funding
14             amount;
15                     (C) whether they have a connection to a for-
16             eign government and to what extent the connec-
17             tion exists;
18                     (D) the names of principal investigators;
19             and
20                     (E) a specific justification for funding the
21             research abroad instead of in the United States.
22   SEC. 2524. ACCELERATING UNMANNED MARITIME SYSTEMS

23                    RESEARCH.

24       (a) IN GENERAL.—In order to support advances in
25 marine science and security at sea, the Director shall issue


      † HR 4521 EAS
                                497
 1 awards, on a competitive basis, to institutions of higher
 2 education or nonprofit organizations (or consortia of such
 3 institutions or organizations) to support basic and applied
 4 research that will accelerate innovation to advance un-
 5 manned maritime systems for the purpose of providing
 6 greater maritime domain awareness to the Nation.
 7          (b) PARTNERSHIPS.—In implementing this section, the
 8 Director shall establish partnerships with other Federal
 9 agencies, including those established under the Commercial
10 Engagement Through Ocean Technology Act of 2018 (Public
11 Law 115–394).
12          (c) USE OF NSF OCEANOGRAPHIC RESEARCH VES-
13   SELS.—The Director may leverage the resources and capa-

14 bilities of the consortium operating the Directorate’s re-
15 gional class research vessels to complement the research in
16 unmanned maritime systems.
17   SEC.    2525.   FOUNDATION    FUNDING    TO   INSTITUTIONS

18                    HOSTING OR SUPPORTING CONFUCIUS INSTI-

19                    TUTES.

20          (a) DEFINITIONS.—In this section—
21              (1) the term ‘‘Confucius Institute’’ means a cul-
22          tural institute established as a partnership between a
23          United States institution of higher education and a
24          Chinese institution of higher education to promote
25          and teach Chinese language and culture that is fund-


      † HR 4521 EAS
                              498
 1       ed, directly or indirectly, by the Government of the
 2       People’s Republic of China; and
 3             (2) the term ‘‘institution of higher education’’
 4       has the meaning given the term in section 102 of the
 5       Higher Education Act of 1965 (20 U.S.C. 1002).
 6       (b) RESTRICTIONS OF CONFUCIUS INSTITUTES.—Ex-
 7 cept as provided in subsection (d), none of the funds made
 8 available to the Foundation under this Act, or an amend-
 9 ment made by this Act, may be obligated or expended to
10 an institution of higher education that maintains a con-
11 tract or agreement between the institution and a Confucius
12 Institute, unless the Director, after consultation with the
13 National Academies of Science, Engineering, and Medicine,
14 determines such a waiver is appropriate in accordance with
15 subsection (c).
16       (c) WAIVER.—The Director, after consultation with the
17 National Academies of Science, Engineering, and Medicine,
18 may issue a waiver for an institution of higher education
19 that maintains a contract or agreement between the institu-
20 tion and a Confucius Institute if such contract or agreement
21 includes clear provisions that—
22             (1) protect academic freedom at the institution;
23             (2) prohibit the application of any foreign law
24       on any campus of the institution;




      † HR 4521 EAS
                              499
1             (3) grant full managerial authority of the Confu-
2       cius Institute to the institution, including full control
3       over what is being taught, the activities carried out,
4       the research grants that are made, and who is em-
5       ployed at the Confucius Institute; and
6             (4) prohibit co-location with the institution’s
7       Chinese language, history, and cultural programs and
8       require separate promotional materials.
 9      (d) SPECIAL RULE.—
10            (1) IN GENERAL.—Notwithstanding any other
11      provision of this section, this section shall not apply
12      to an institution of higher education if that institu-
13      tion has fulfilled the requirements—
14                   (A) for a waiver from the Department of
15            Defense as described under section 1062 of the
16            National Defense Authorization Act for Fiscal
17            Year 2021 (Public Law 116–283); or
18                   (B) under section 6122 with respect to
19            funding the provided under the Higher Edu-
20            cation Act of 1965 (20 U.S.C. 1001 et seq.), ex-
21            cept funds provided under title IV of such Act.
22            (2) EXCEPTION.—Notwithstanding any other
23      provision of this section, the prohibition under sub-
24      section (b) shall not apply to amounts provided to
25      students as educational assistance.


     † HR 4521 EAS
                               500
 1        (e) EFFECTIVE DATE.—The limitation under sub-
 2 section (b) shall apply with respect to the first fiscal year
 3 that begins after the date that is 2 years after the date of
 4 enactment of this Act and to any subsequent fiscal year sub-
 5 ject to subsection (f).
 6        (f) SUNSET.—This section shall cease to be effective on
 7 the date that is 5 years after the date of enactment of this
 8 Act.
 9   SEC. 2526. SUPPORTING DOCUMENTS.

10        (a) IN GENERAL.— To ensure the security of research
11 products developed under this division, the Director shall,
12 on an annual basis, request from an institution of higher
13 education receiving an award made available by the Na-
14 tional Science Foundation Technology and Innovation Di-
15 rectorate under this division—
16             (1) final copies of any contracts, agreements, or
17        documentation of financial transactions between the
18        institution, a foundation of the institution, or related
19        entities, and any educational, cultural, or language
20        entity that is directly or indirectly funded by the
21        Government of the People’s Republic of China; and
22             (2) a detailed description of any financial con-
23        tributions from the Government of the People’s Re-
24        public of China or its affiliates to the institution, a
25        foundation of the institution, or related entities.


      † HR 4521 EAS
                                 501
 1       (b) OFFICE OF THE INSPECTOR GENERAL.—The Di-
 2 rector may request an investigation by the Office of the In-
 3 spector General into the research security practices of an
 4 institution of higher education and, as appropriate, rec-
 5 ommend revocation of funding for relevant grants, in the
 6 case that—
 7             (1) an institution of higher education fails to
 8       provide information requested under subsection (a);
 9       or
10             (2) a review of the information under subsection
11       (a) by the Chief of Research Security indicates threats
12       to research security.
13   SEC. 2527. BASIC RESEARCH.

14       (a) NONDISCLOSURE OF MEMBERS OF GRANT REVIEW
15 PANEL.—Notwithstanding any other provision of law, each
16 agency that awards a Federal research grant shall not dis-
17 close, either publicly or privately, to an applicant for such
18 grant the identity of any member of the grant review panel
19 for such applicant.
20       (b) PUBLIC ACCESSIBILITY OF RESEARCH FUNDED BY
21 TAXPAYERS.—
22             (1) DEFINITION OF FEDERAL AGENCY.—In this
23       section, the term ‘‘Federal agency’’ means an Execu-
24       tive agency, as defined under section 105 of title 5,
25       United States Code.


      † HR 4521 EAS
                                502
 1            (2) FEDERAL RESEARCH PUBLIC ACCESS POL-
 2      ICY.—

 3                   (A) REQUIREMENT TO DEVELOP POLICY.—
 4                        (i) IN    GENERAL.—Not     later than 1
 5                   year after the date of enactment of this sec-
 6                   tion, each Federal agency with annual ex-
 7                   tramural research expenditures of over
 8                   $100,000,000 shall develop an agency re-
 9                   search public access policy that is consistent
10                   with and advances the purposes of the Fed-
11                   eral agency.
12                        (ii) COMMON     PROCEDURES.—To        the
13                   extent practicable, Federal agencies required
14                   to develop a policy under clause (i) shall
15                   follow common procedures for the collection
16                   and depositing of research papers.
17                   (B) CONTENT.—Each Federal research pub-
18            lic access policy shall provide for—
19                        (i) submission to a digital repository
20                   designated or maintained by the Federal
21                   agency of an electronic version of the au-
22                   thor’s final manuscript of original research
23                   papers that have been accepted for publica-
24                   tion in peer-reviewed journals and that re-
25                   sult from research supported, in whole or in


     † HR 4521 EAS
                                   503
1                    part, from funding by the Federal Govern-
2                    ment;
3                          (ii) the incorporation of any changes
4                    resulting from the peer review publication
5                    process in the manuscript described under
6                    clause (i);
7                          (iii) the replacement of the final
8                    manuscript with the final published version
9                    if—
10                                 (I) the publisher consents to the
11                         replacement; and
12                                 (II) the goals of the Federal agen-
13                         cy for functionality and interoper-
14                         ability are retained;
15                         (iv) free online public access to such
16                   final peer-reviewed manuscripts or pub-
17                   lished versions within a time period that is
18                   appropriate for each type of research con-
19                   ducted or sponsored by the Federal agency,
20                   not later than 12 months after publication
21                   in peer-reviewed journals, preferably sooner,
22                   or as adjusted under established mecha-
23                   nisms;
24                         (v) providing research papers as de-
25                   scribed in clause (iv) in formats and under


     † HR 4521 EAS
                                 504
 1                   terms that enable productive reuse of the re-
 2                   search and computational analysis by state-
 3                   of-the-art technologies;
 4                        (vi) improving the ability of the public
 5                   to locate and access research papers made
 6                   accessible under the Federal research public
 7                   access policy; and
 8                        (vii) long-term preservation of, and
 9                   free public access to, published research
10                   findings—
11                             (I) in a stable digital repository
12                        maintained by the Federal agency; or
13                             (II) if consistent with the pur-
14                        poses of the Federal agency, in any re-
15                        pository meeting conditions determined
16                        favorable by the Federal agency, in-
17                        cluding free public access, interoper-
18                        ability, and long-term preservation.
19                   (C) APPLICATION OF POLICY.—Each Fed-
20            eral research public access policy shall—
21                        (i) apply to—
22                             (I) researchers employed by the
23                        Federal agency whose works remain in
24                        the public domain; and




     † HR 4521 EAS
                                505
 1                             (II) researchers funded by the
 2                        Federal agency;
 3                        (ii) provide that works described under
 4                   clause (i)(I) shall be—
 5                             (I) marked as being public do-
 6                        main material when published; and
 7                             (II) made available at the same
 8                        time such works are made available
 9                        under subparagraph (B)(iv); and
10                        (iii) make effective use of any law or
11                   guidance relating to the creation and res-
12                   ervation of a Government license that pro-
13                   vides for the reproduction, publication, re-
14                   lease, or other uses of a final manuscript for
15                   Federal purposes.
16                   (D) EXCLUSIONS.—Each Federal research
17            public access policy shall not apply to—
18                        (i) research progress reports presented
19                   at professional meetings or conferences;
20                        (ii) laboratory notes, preliminary data
21                   analyses, notes of the author, phone logs, or
22                   other information used to produce final
23                   manuscripts;
24                        (iii) classified research, research result-
25                   ing in works that generate revenue or royal-


     † HR 4521 EAS
                               506
1                    ties for authors (such as books) or patent-
2                    able discoveries, to the extent necessary to
3                    protect a copyright or patent; or
4                         (iv) authors who do not submit their
5                    work to a journal or works that are rejected
6                    by journals.
 7            (3) RULE OF CONSTRUCTION REGARDING PATENT
 8      OR COPYRIGHT LAW.—Nothing in this section shall be

 9      construed to affect any right under the provisions of
10      title 17 or 35, United States Code.
11            (4) GAO REPORT.—Not later than 3 years after
12      the date of enactment of this section, and every 5
13      years thereafter, the Comptroller General of the
14      United States shall submit to Congress a report
15      that—
16                   (A) includes an analysis of the period be-
17            tween the date on which each applicable paper
18            becomes publicly available in a journal and the
19            date on which the paper is in the online reposi-
20            tory of the applicable Federal agency; and
21                   (B) examines the effectiveness of the Federal
22            research public access policy in providing the
23            public with free online access to papers on re-
24            search funded by each Federal agency required to




     † HR 4521 EAS
                                507
1             develop a policy under paragraph (2)(A), includ-
2             ing—
3                         (i) whether the terms of use applicable
4                    to such research papers in effect are effective
5                    in enabling productive reuse of the research
6                    and computational analysis by state-of-the-
7                    art technologies; and
8                         (ii) whether such research papers
9                    should include a royalty-free copyright li-
10                   cense that is available to the public and
11                   that permits the reuse of those research pa-
12                   pers, on the condition that attribution is
13                   given to the author or authors of the re-
14                   search and any others designated by the
15                   copyright owner.
16            (5) DOWNSTREAM REPORTING.—Any person or
17      institution awarded a grant from a Federal research
18      agency shall—
19                   (A) notify and seek authorization from the
20            relevant agency for any funds derived from the
21            grant made available through a subgrant or sub-
22            sequent grant (including to an employee or sub-
23            division of the grant recipient’s organization);
24            and




     † HR 4521 EAS
                                 508
 1                     (B) ensure that each subgrant or subsequent
 2             grant award (including to an employee or sub-
 3             division of the grant recipient’s organization)
 4             funded with funds derived from the Federal
 5             grant is within the scope of the Federal grant
 6             award.
 7             (6) IMPARTIALITY IN FUNDING SCIENTIFIC RE-
 8       SEARCH.—Notwithstanding         any other provision of
 9       law, each Federal agency, in awarding grants for sci-
10       entific research, shall be impartial and shall not seek
11       to advance any political position or fund a grant to
12       reach a predetermined conclusion.
13   SEC. 2528. FOUNDATION FOR ENERGY SECURITY AND INNO-

14                    VATION.

15       (a) DEFINITIONS.—In this section:
16             (1) BOARD.—The term ‘‘Board’’ means the
17       Board of Directors described in subsection (b)(2)(A).
18             (2) DEPARTMENT.—The term ‘‘Department’’
19       means the Department of Energy.
20             (3) EXECUTIVE DIRECTOR.—The term ‘‘Execu-
21       tive Director’’ means the Executive Director described
22       in subsection (b)(5)(A).
23             (4)     FOUNDATION.—The       term   ‘‘Foundation’’
24       means the Foundation for Energy Security and Inno-
25       vation established under subsection (b)(1).


      † HR 4521 EAS
                                509
 1             (5) INDIVIDUAL LABORATORY-ASSOCIATED FOUN-
 2       DATION.—The       term ‘‘Individual Laboratory-Associ-
 3       ated Foundation’’ means a Laboratory Foundation
 4       established by an operating contractor of a National
 5       Laboratory.
 6             (6) NATIONAL      LABORATORY.—The       term ‘‘Na-
 7       tional Laboratory’’ has the meaning given the term in
 8       section 2 of the Energy Policy Act of 2005 (42 U.S.C.
 9       15801).
10             (7) SECRETARY.—The term ‘‘Secretary’’ means
11       the Secretary of Energy.
12       (b) FOUNDATION FOR ENERGY SECURITY AND INNOVA-
13   TION.—

14             (1) ESTABLISHMENT.—
15                    (A) IN GENERAL.—Not later than 180 days
16             after the date of enactment of this Act, the Sec-
17             retary shall establish a nonprofit corporation to
18             be known as the ‘‘Foundation for Energy Secu-
19             rity and Innovation’’.
20                    (B) MISSION.—The mission of the Founda-
21             tion shall be—
22                        (i) to support the mission of the De-
23                    partment; and
24                        (ii) to advance collaboration with en-
25                    ergy researchers, institutions of higher edu-


      † HR 4521 EAS
                                 510
 1                    cation, industry, and nonprofit and philan-
 2                    thropic organizations to accelerate the com-
 3                    mercialization of energy technologies.
 4                    (C) LIMITATION.—The Foundation shall not
 5            be an agency or instrumentality of the Federal
 6            Government.
 7                    (D) TAX-EXEMPT STATUS.—The Board shall
 8            take all necessary and appropriate steps to en-
 9            sure that the Foundation is an organization that
10            is described in section 501(c) of the Internal
11            Revenue Code of 1986 and exempt from taxation
12            under section 501(a) of that Code.
13                    (E) COLLABORATION WITH EXISTING ORGA-
14            NIZATIONS.—The Secretary may collaborate with

15            1 or more organizations to establish the Founda-
16            tion and carry out the activities of the Founda-
17            tion.
18            (2) BOARD OF DIRECTORS.—
19                    (A)    ESTABLISHMENT.—The        Foundation
20            shall be governed by a Board of Directors.
21                    (B) COMPOSITION.—
22                          (i) IN GENERAL.—The Board shall be
23                    composed of the ex officio nonvoting mem-
24                    bers described in clause (ii) and the ap-




     † HR 4521 EAS
                                    511
 1                   pointed voting members described in clause
 2                   (iii).
 3                            (ii) EX     OFFICIO MEMBERS.—The      ex
 4                   officio members of the Board shall be the fol-
 5                   lowing individuals or designees of those in-
 6                   dividuals:
 7                                 (I) The Secretary.
 8                                 (II) The Under Secretary for
 9                            Science and Energy.
10                                 (III) The Under Secretary for Nu-
11                            clear Security.
12                                 (IV) The Chief Commercialization
13                            Officer.
14                            (iii) APPOINTED MEMBERS.—
15                                 (I) INITIAL MEMBERS.—The Sec-
16                            retary and the other ex officio members
17                            of the Board shall—
18                                        (aa) seek to enter into an
19                                 agreement    with    the   National
20                                 Academies of Sciences, Engineer-
21                                 ing, and Medicine to develop a
22                                 list of individuals to serve as
23                                 members of the Board who are
24                                 well-qualified and will meet the




     † HR 4521 EAS
                           512
1                         requirements of subclauses (II)
2                         and (III); and
3                                 (bb)   appoint    the   initial
4                         members of the Board from that
5                         list, if applicable, in consultation
6                         with the National Academies of
7                         Sciences, Engineering, and Medi-
8                         cine.
 9                        (II) REPRESENTATION.—The ap-
10                   pointed members of the Board shall re-
11                   flect a broad cross-section of stake-
12                   holders from academia, industry, non-
13                   profit organizations, State or local gov-
14                   ernments, the investment community,
15                   and the philanthropic community.
16                        (III)     EXPERIENCE.—The         Sec-
17                   retary shall ensure that a majority of
18                   the appointed members of the Board—
19                                (aa)(AA) has experience in
20                        the energy sector;
21                                (BB) has research experience
22                        in the energy field; or
23                                (CC) has experience in tech-
24                        nology commercialization or foun-
25                        dation operations; and


     † HR 4521 EAS
                                 513
 1                                     (bb) to the extent practicable,
 2                               represents diverse regions, sectors,
 3                               and communities.
 4                   (C) CHAIR AND VICE CHAIR.—
 5                       (i) IN GENERAL.—The Board shall des-
 6                   ignate from among the members of the
 7                   Board—
 8                               (I) an individual to serve as
 9                       Chair of the Board; and
10                               (II) an individual to serve as Vice
11                       Chair of the Board.
12                       (ii) TERMS.—The term of service of the
13                   Chair and Vice Chair of the Board shall
14                   end on the earlier of—
15                               (I) the date that is 3 years after
16                       the date on which the Chair or Vice
17                       Chair of the Board, as applicable, is
18                       designated for the position; and
19                               (II) the last day of the term of
20                       service of the member, as determined
21                       under subparagraph (D)(i), who is des-
22                       ignated to be Chair or Vice Chair of
23                       the Board, as applicable.
24                       (iii)    REPRESENTATION.—The           Chair
25                   and Vice Chair of the Board—


     † HR 4521 EAS
                                  514
 1                            (I) shall not be representatives of
 2                       the same area of subject matter exper-
 3                       tise, or entity, as applicable, under
 4                       subparagraph (B)(iii)(II); and
 5                            (II) shall not be representatives of
 6                       any area of subject matter expertise, or
 7                       entity, as applicable, represented by
 8                       the immediately preceding Chair and
 9                       Vice Chair of the Board.
10                   (D) TERMS AND VACANCIES.—
11                       (i) TERMS.—
12                            (I) IN    GENERAL.—The      term of
13                       service of each appointed member of
14                       the Board shall be not more than 5
15                       years.
16                            (II) INITIAL    APPOINTED     MEM-

17                       BERS.—Of the initial members of the

18                       Board appointed under subparagraph
19                       (B)(iii)(I), half of the members shall
20                       serve for 4 years and half of the mem-
21                       bers shall serve for 5 years, as deter-
22                       mined by the Chair of the Board.
23                       (ii) VACANCIES.—Any vacancy in the
24                   membership of the appointed members of the
25                   Board—


     † HR 4521 EAS
                                515
 1                             (I) shall be filled in accordance
 2                        with the bylaws of the Foundation by
 3                        an individual capable of representing
 4                        the same area or entity, as applicable,
 5                        as represented by the vacating board
 6                        member          under       subparagraph
 7                        (B)(iii)(II);
 8                             (II) shall not affect the power of
 9                        the remaining appointed members to
10                        execute the duties of the Board; and
11                             (III) shall be filled by an indi-
12                        vidual selected by the Board.
13                   (E) MEETINGS; QUORUM.—
14                        (i) INITIAL MEETING.—Not later than
15                   60 days after the Board is established, the
16                   Secretary shall convene a meeting of the ex
17                   officio and appointed members of the Board
18                   to incorporate the Foundation.
19                        (ii) QUORUM.—A majority of the ap-
20                   pointed members of the Board shall con-
21                   stitute a quorum for purposes of conducting
22                   the business of the Board.
23                   (F) DUTIES.—The Board shall—
24                        (i) establish bylaws for the Foundation
25                   in accordance with subparagraph (G);


     † HR 4521 EAS
                                  516
 1                        (ii) provide overall direction for the ac-
 2                   tivities of the Foundation and establish pri-
 3                   ority activities;
 4                        (iii) carry out any other necessary ac-
 5                   tivities of the Foundation;
 6                        (iv) evaluate the performance of the
 7                   Executive Director; and
 8                        (v) actively solicit and accept funds,
 9                   gifts, grants, devises, or bequests of real or
10                   personal property to the Foundation, in-
11                   cluding from private entities.
12                   (G) BYLAWS.—
13                        (i) IN GENERAL.—The bylaws estab-
14                   lished under subparagraph (F)(i) may in-
15                   clude—
16                                (I) policies for the selection of
17                        Board members, officers, employees,
18                        agents, and contractors of the Founda-
19                        tion;
20                                (II) policies, including ethical
21                        standards, for—
22                                      (aa) the acceptance, solicita-
23                                tion, and disposition of donations
24                                and grants to the Foundation, in-
25                                cluding appropriate limits on the


     † HR 4521 EAS
                               517
 1                             ability of donors to designate, by
 2                             stipulation or restriction, the use
 3                             or recipient of donated funds; and
 4                                   (bb) the disposition of assets
 5                             of the Foundation;
 6                             (III) policies that subject all em-
 7                       ployees, fellows, trainees, and other
 8                       agents of the Foundation (including ex
 9                       officio and appointed members of the
10                       Board) to conflict of interest standards;
11                       and
12                             (IV) the specific duties of the Ex-
13                       ecutive Director.
14                       (ii) REQUIREMENTS.—The Board shall
15                   ensure that the bylaws of the Foundation
16                   and the activities carried out under those
17                   bylaws shall not—
18                             (I) reflect unfavorably on the abil-
19                       ity of the Foundation to carry out ac-
20                       tivities in a fair and objective manner;
21                       or
22                             (II) compromise, or appear to
23                       compromise, the integrity of any gov-
24                       ernmental agency or program, or any
25                       officer or employee employed by, or in-


     † HR 4521 EAS
                               518
 1                       volved in, a governmental agency or
 2                       program.
 3                   (H) COMPENSATION.—
 4                       (i) IN GENERAL.—No member of the
 5                   Board shall receive compensation for serv-
 6                   ing on the Board.
 7                       (ii) CERTAIN EXPENSES.—In accord-
 8                   ance with the bylaws of the Foundation,
 9                   members of the Board may be reimbursed
10                   for travel expenses, including per diem in
11                   lieu of subsistence, and other necessary ex-
12                   penses incurred in carrying out the duties
13                   of the Board.
14            (3) PURPOSES.—The purposes of the Foundation
15      are—
16                   (A) to support the Department in carrying
17            out the mission of the Department to ensure the
18            security and prosperity of the United States by
19            addressing energy, environmental, and nuclear
20            challenges through transformative science and
21            technology solutions; and
22                   (B) to increase private and philanthropic
23            sector investments that support efforts to create,
24            characterize, develop, test, validate, and deploy
25            or commercialize innovative technologies that ad-


     † HR 4521 EAS
                                    519
1             dress crosscutting national energy challenges by
2             methods that include—
3                            (i) fostering collaboration and partner-
4                    ships with researchers from the Federal
5                    Government, State governments, institu-
6                    tions of higher education, federally funded
7                    research and development centers, industry,
8                    and nonprofit organizations for the re-
9                    search, development, or commercialization
10                   of transformative energy and associated
11                   technologies;
12                           (ii) strengthening and sharing best
13                   practices relating to regional economic de-
14                   velopment through scientific and energy in-
15                   novation, including in partnership with an
16                   Individual Laboratory-Associated Founda-
17                   tion;
18                           (iii) promoting new product develop-
19                   ment that supports job creation;
20                           (iv)    administering   prize   competi-
21                   tions—
22                                  (I) to accelerate private sector
23                           competition and investment; and
24                                  (II) that complement the use of
25                           prize authority by the Department;


     † HR 4521 EAS
                                520
 1                         (v) supporting programs that advance
 2                   technology maturation, especially where
 3                   there may be gaps in Federal or private
 4                   funding in advancing a technology to de-
 5                   ployment or commercialization from the
 6                   prototype stage to a commercial stage; and
 7                         (vi) facilitating access to Department
 8                   facilities, equipment, and human expertise
 9                   to assist in tackling national challenges.
10            (4) ACTIVITIES.—
11                   (A)     STUDIES,      COMPETITIONS,          AND

12            PROJECTS.—The         Foundation may conduct and
13            support studies, competitions, projects, and other
14            activities that further the purposes of the Foun-
15            dation described in paragraph (3).
16                   (B) FELLOWSHIPS AND GRANTS.—
17                         (i) IN    GENERAL.—The      Foundation
18                   may award fellowships and grants for ac-
19                   tivities relating to research, development,
20                   demonstration, maturation, or commer-
21                   cialization of energy and other Department-
22                   supported technologies.
23                         (ii) FORM OF AWARD.—A fellowship or
24                   grant under clause (i) may consist of a sti-
25                   pend, health insurance benefits, funds for


     † HR 4521 EAS
                                521
 1                   travel, and funds for other appropriate ex-
 2                   penses.
 3                        (iii) SELECTION.—In selecting a re-
 4                   cipient for a fellowship or grant under
 5                   clause (i), the Foundation—
 6                              (I) shall make the selection based
 7                        on the technical and commercialization
 8                        merits of the proposed project of the
 9                        potential recipient; and
10                              (II) may consult with a potential
11                        recipient regarding the ability of the
12                        potential recipient to carry out various
13                        projects that would further the pur-
14                        poses of the Foundation described in
15                        paragraph (3).
16                        (iv) NATIONAL LABORATORIES.—A Na-
17                   tional Laboratory that applies for or ac-
18                   cepts an award under clause (i) shall not be
19                   considered to be engaging in a competitive
20                   process.
21                   (C) ACCESSING      FACILITIES   AND   EXPER-

22            TISE.—The Foundation may work with the De-

23            partment—




     † HR 4521 EAS
                                522
1                          (i) to leverage the capabilities and fa-
2                    cilities of National Laboratories to commer-
3                    cialize technology; and
4                          (ii) to assist with resources, including
5                    by providing information on the assets of
6                    each National Laboratory that may enable
7                    the deployment and commercialization of
8                    technology.
 9                   (D) TRAINING AND EDUCATION.—The Foun-
10            dation may support programs that provide
11            training to researchers, scientists, other relevant
12            personnel at National Laboratories and institu-
13            tions of higher education, and previous or cur-
14            rent recipients of or applicants for Department
15            funding to help demonstrate, deploy, and com-
16            mercialize federally funded technology.
17                   (E) MATURATION FUNDING.—The Founda-
18            tion shall support programs that provide matu-
19            ration funding to researchers to advance the
20            technology of those researchers for the purpose of
21            moving products from a prototype stage to a
22            commercial stage.
23                   (F)    STAKEHOLDER        ENGAGEMENT.—The

24            Foundation shall convene, and may consult with,
25            representatives from the Department, institutions


     † HR 4521 EAS
                                523
 1            of higher education, National Laboratories, the
 2            private sector, and commercialization organiza-
 3            tions to develop programs for the purposes of the
 4            Foundation described in paragraph (3) and to
 5            advance the activities of the Foundation.
 6                   (G) INDIVIDUAL      AND      FEDERAL   LABORA-

 7            TORY-ASSOCIATED FOUNDATIONS.—

 8                        (i) DEFINITION OF COVERED FOUNDA-
 9                   TION.—In    this subparagraph, the term
10                   ‘‘covered foundation’’ means each of the fol-
11                   lowing:
12                             (I) An Individual Laboratory-As-
13                        sociated Foundation.
14                             (II) A Federal Laboratory-Associ-
15                        ated Foundation established pursuant
16                        to subsection (c)(1).
17                        (ii) SUPPORT.—The Foundation shall
18                   provide support to and collaborate with cov-
19                   ered foundations.
20                        (iii) GUIDELINES AND TEMPLATES.—
21                   For the purpose of providing support under
22                   clause (ii), the Secretary shall establish sug-
23                   gested guidelines and templates for covered
24                   foundations, including—




     † HR 4521 EAS
                                   524
 1                             (I) a standard adaptable organi-
 2                         zational design for responsible manage-
 3                         ment;
 4                             (II) standard and legally tenable
 5                         bylaws and money-handling proce-
 6                         dures; and
 7                             (III) a standard training cur-
 8                         riculum to orient and expand the oper-
 9                         ating expertise of personnel employed
10                         by covered foundations.
11                         (iv) AFFILIATIONS.—Nothing in this
12                   subparagraph requires—
13                             (I) an existing Individual Lab-
14                         oratory-Associated Foundation to mod-
15                         ify current practices or affiliate with
16                         the Foundation; or
17                             (II) a covered foundation to be
18                         bound by charter or corporate bylaws
19                         as permanently affiliated with the
20                         Foundation.
21                   (H)     SUPPLEMENTAL        PROGRAMS.—The

22            Foundation may carry out supplemental pro-
23            grams—
24                         (i) to conduct and support forums,
25                   meetings, conferences, courses, and training


     † HR 4521 EAS
                                 525
1                    workshops consistent with the purposes of
2                    the Foundation described in paragraph (3);
3                          (ii) to support and encourage the un-
4                    derstanding and development of data that
5                    promotes the translation of technologies
6                    from the research stage, through the develop-
7                    ment and maturation stage, and ending in
8                    the market stage;
9                          (iii) for writing, editing, printing,
10                   publishing, and vending books and other
11                   materials relating to research carried out
12                   under the Foundation and the Department;
13                   and
14                         (iv) to conduct other activities to carry
15                   out and support the purposes of the Foun-
16                   dation described in paragraph (3).
17                   (I) EVALUATIONS.—The Foundation shall
18            support the development of an evaluation meth-
19            odology, to be used as part of any program sup-
20            ported by the Foundation, that shall—
21                         (i) consist of qualitative and quan-
22                   titative metrics; and
23                         (ii) include periodic third party eval-
24                   uation of those programs and other activi-
25                   ties of the Foundation.


     † HR 4521 EAS
                               526
 1                   (J)    COMMUNICATIONS.—The     Foundation
 2            shall develop an expertise in communications to
 3            promote the work of grant and fellowship recipi-
 4            ents under subparagraph (B), the commercializa-
 5            tion successes of the Foundation, opportunities
 6            for partnership with the Foundation, and other
 7            activities.
 8                   (K) SOLICITATION AND USE OF FUNDS.—
 9            The Foundation may solicit and accept gifts,
10            grants, and other donations, establish accounts,
11            and invest and expend funds in support of the
12            activities and programs of the Foundation.
13            (5) ADMINISTRATION.—
14                   (A) EXECUTIVE    DIRECTOR.—The        Board
15            shall hire an Executive Director of the Founda-
16            tion, who shall serve at the pleasure of the
17            Board.
18                   (B) COMPENSATION.—The Executive Direc-
19            tor shall be compensated at a level not greater
20            than the rate payable for level IV of the Execu-
21            tive Schedule under section 5315 of title 5,
22            United States Code.
23                   (C) ADMINISTRATIVE CONTROL.—No mem-
24            ber of the Board, officer or employee of the Foun-
25            dation or of any program established by the


     † HR 4521 EAS
                                  527
1             Foundation, or participant in a program estab-
2             lished by the Foundation, shall exercise adminis-
3             trative control over any Federal employee.
 4                   (D) STRATEGIC PLAN.—Not later than 1
 5            year after the date of enactment of this Act, the
 6            Foundation shall submit to the Committee on
 7            Energy and Natural Resources of the Senate and
 8            the Committee on Science, Space, and Tech-
 9            nology of the House of Representatives a stra-
10            tegic plan that contains—
11                          (i) a plan for the Foundation to be-
12                   come financially self-sustaining in fiscal
13                   year 2023 and thereafter (except for the
14                   amounts provided each fiscal year under
15                   paragraph (12)(A)(iii));
16                          (ii) a forecast of major crosscutting en-
17                   ergy     challenge   opportunities,    including
18                   short- and long-term objectives, identified by
19                   the Board, with input from communities
20                   representing the entities and areas of subject
21                   matter expertise, as applicable, described in
22                   paragraph (2)(B)(iii)(II);
23                          (iii) a description of the efforts that the
24                   Foundation will take to be transparent in




     † HR 4521 EAS
                               528
 1                   the processes of the Foundation, including
 2                   processes relating to—
 3                             (I) grant awards, including selec-
 4                       tion, review, and notification;
 5                             (II) communication of past, cur-
 6                       rent, and future research priorities;
 7                       and
 8                             (III) solicitation of and response
 9                       to public input on the opportunities
10                       identified under clause (ii);
11                       (iv) a description of the financial goals
12                   and benchmarks of the Foundation for the
13                   following 10 years; and
14                       (v) a description of the efforts under-
15                   taken by the Foundation to ensure max-
16                   imum complementarity and minimum re-
17                   dundancy with investments made by the
18                   Department.
19                   (E) ANNUAL REPORT.—Not later than 1
20            year after the date on which the Foundation is
21            established, and every 2 years thereafter, the
22            Foundation shall submit to the Committee on
23            Energy and Natural Resources of the Senate, the
24            Committee on Science, Space, and Technology of
25            the House of Representatives, and the Secretary


     † HR 4521 EAS
                                529
 1            a report that, for the year covered by the re-
 2            port—
 3                        (i) describes the activities of the Foun-
 4                   dation and the progress of the Foundation
 5                   in furthering the purposes of the Founda-
 6                   tion described in paragraph (3);
 7                        (ii) provides a specific accounting of
 8                   the source and use of all funds made avail-
 9                   able to the Foundation to carry out those
10                   activities to ensure transparency in the
11                   alignment of Department missions and
12                   policies with national security;
13                        (iii) describes how the results of the ac-
14                   tivities of the Foundation could be incor-
15                   porated into the procurement processes of
16                   the General Services Administration; and
17                        (iv) includes a summary of each eval-
18                   uation conducted using the evaluation meth-
19                   odology described in paragraph (4)(I).
20                   (F) EVALUATION      BY COMPTROLLER GEN-

21            ERAL.—Not later than 5 years after the date on

22            which the Foundation is established, the Comp-
23            troller General of the United States shall submit
24            to the Committee on Energy and Natural Re-
25            sources of the Senate and the Committee on


     † HR 4521 EAS
                                530
1             Science, Space, and Technology of the House of
2             Representatives—
3                          (i) an evaluation of—
4                              (I) the extent to which the Foun-
5                          dation is achieving the mission of the
6                          Foundation; and
7                              (II) the operation of the Founda-
8                          tion; and
9                          (ii) any recommendations on how the
10                   Foundation may be improved.
11                   (G) AUDITS.—The Foundation shall—
12                         (i) provide for annual audits of the fi-
13                   nancial condition of the Foundation; and
14                         (ii) make the audits, and all other
15                   records, documents, and papers of the Foun-
16                   dation, available to the Secretary and the
17                   Comptroller General of the United States
18                   for examination or audit.
19                   (H)    SEPARATE     FUND      ACCOUNTS.—The

20            Board shall ensure that any funds received under
21            paragraph (12)(A) are held in a separate ac-
22            count from any other funds received by the
23            Foundation.
24                   (I) INTEGRITY.—




     † HR 4521 EAS
                                531
 1                         (i) IN GENERAL.—To ensure integrity
 2                   in the operations of the Foundation, the
 3                   Board shall develop and enforce procedures
 4                   relating to standards of conduct, financial
 5                   disclosure statements, conflicts of interest
 6                   (including recusal and waiver rules), au-
 7                   dits, and any other matters determined ap-
 8                   propriate by the Board.
 9                         (ii) FINANCIAL CONFLICTS OF INTER-
10                   EST.—To mitigate conflicts of interest and

11                   risks from malign foreign influence, any in-
12                   dividual who is an officer, employee, or
13                   member of the Board is prohibited from any
14                   participation in deliberations by the Foun-
15                   dation of a matter that would directly or
16                   predictably affect any financial interest
17                   of—
18                             (I) the individual;
19                             (II) a relative (as defined in sec-
20                         tion 109 of the Ethics in Government
21                         Act of 1978 (5 U.S.C. App.)) of that
22                         individual; or
23                             (III) a business organization or
24                         other entity in which the individual
25                         has an interest, including an organiza-


     † HR 4521 EAS
                               532
 1                       tion or other entity with which the in-
 2                       dividual is negotiating employment.
 3                   (J) LIABILITY.—
 4                       (i) IN GENERAL.—The United States
 5                   shall not be liable for any debts, defaults,
 6                   acts, or omissions of—
 7                            (I) the Foundation;
 8                            (II) a Federal entity with respect
 9                       to an agreement of that Federal entity
10                       with the Foundation; or
11                            (III) an Individual Laboratory-
12                       Associated Foundation with respect to
13                       an agreement of that Federal entity
14                       with the Foundation.
15                       (ii) FULL FAITH AND CREDIT.—The
16                   full faith and credit of the United States
17                   shall not extend to any obligations of the
18                   Foundation.
19                   (K) NONAPPLICABILITY OF FACA.—The Fed-
20            eral Advisory Committee Act (5 U.S.C. App.)
21            shall not apply to the Foundation or an Indi-
22            vidual Laboratory-Associated Foundation.
23            (6) DEPARTMENT COLLABORATION.—
24                   (A) NATIONAL      LABORATORIES.—The    Sec-
25            retary shall collaborate with the Foundation to


     † HR 4521 EAS
                               533
1             develop a process to ensure collaboration and co-
2             ordination between the Department, the Founda-
3             tion, and National Laboratories—
4                        (i) to streamline contracting processes
5                    between National Laboratories and the
6                    Foundation, including by—
7                             (I) streamlining the ability of the
8                        Foundation to transfer equipment and
9                        funds to National Laboratories;
10                            (II) standardizing contract mech-
11                       anisms to be used by the Foundation
12                       in engaging with National Labora-
13                       tories; and
14                            (III) streamlining the ability of
15                       the Foundation to fund endowed posi-
16                       tions at National Laboratories;
17                       (ii) to allow a National Laboratory or
18                   site of a National Laboratory—
19                            (I) to accept and perform work for
20                       the Foundation, consistent with pro-
21                       vided resources, notwithstanding any
22                       other provision of law governing the
23                       administration, mission, use, or oper-
24                       ations of the National Laboratory or
25                       site, as applicable; and


     † HR 4521 EAS
                                534
 1                             (II) to perform that work on a
 2                         basis equal to other missions at the Na-
 3                         tional Laboratory; and
 4                         (iii) to permit the director of any Na-
 5                   tional Laboratory or site of a National Lab-
 6                   oratory to enter into a cooperative research
 7                   and development agreement or negotiate a
 8                   licensing agreement with the Foundation
 9                   pursuant to section 12 of the Stevenson-
10                   Wydler Technology Innovation Act of 1980
11                   (15 U.S.C. 3710a).
12                   (B)    DEPARTMENT      LIAISONS.—The     Sec-
13            retary shall appoint liaisons from across the De-
14            partment to collaborate and coordinate with the
15            Foundation, including not less than 1 liaison
16            from the Office of Technology Transitions, who
17            shall ensure that the Foundation works in con-
18            junction with the Technology Commercialization
19            Fund of the Department.
20                   (C) ADMINISTRATION.—The Secretary shall
21            leverage appropriate arrangements, contracts,
22            and directives to carry out the process developed
23            under subparagraph (A).




     † HR 4521 EAS
                              535
 1             (7) NATIONAL SECURITY.—Nothing in this sub-
 2      section exempts the Foundation from any national se-
 3      curity policy of the Department.
 4             (8) SUPPORT    SERVICES.—The      Secretary may
 5      provide facilities, utilities, and support services to the
 6      Foundation if it is determined by the Secretary to be
 7      advantageous to the research programs of the Depart-
 8      ment.
 9             (9) ANTI-DEFICIENCY ACT.—Subsection (a)(1) of
10      section 1341 of title 31, United States Code (com-
11      monly referred to as the ‘‘Anti-Deficiency Act’’), shall
12      not apply to any Federal officer or employee carrying
13      out any activity of the Foundation using funds of the
14      Foundation.
15             (10) PREEMPTION       OF AUTHORITY.—This      sub-
16      section shall not preempt any authority or responsi-
17      bility of the Secretary under any other provision of
18      law.
19             (11) TRANSFER FUNDS.—The Foundation may
20      transfer funds to the Department, which shall be sub-
21      ject to all applicable Federal limitations relating to
22      federally funded research.
23             (12) AUTHORIZATION OF APPROPRIATIONS.—
24                   (A) IN GENERAL.—Of the amounts author-
25             ized to be appropriated under section 2117(a)—


     † HR 4521 EAS
                                  536
 1                          (i) not less than $1,500,000 shall be for
 2                    the Secretary for fiscal year 2022 to estab-
 3                    lish the Foundation;
 4                          (ii) not less than $30,000,000 shall be
 5                    for the Foundation for fiscal year 2023 to
 6                    carry out the activities of the Foundation;
 7                    and
 8                          (iii) not less than $3,000,000 shall be
 9                    for the Foundation for fiscal year 2024, and
10                    each fiscal year thereafter, for administra-
11                    tive and operational costs.
12                    (B) COST SHARE.—Funds made available
13             under subparagraph (A)(ii) shall be required to
14             be cost-shared by a partner of the Foundation
15             other than the Department or a National Lab-
16             oratory.
17       (c) NATIONAL ENERGY TECHNOLOGY LABORATORY-AS-
18   SOCIATED FOUNDATION.—

19             (1) ESTABLISHMENT.—
20                    (A) IN     GENERAL.—Notwithstanding        any
21             other provision of law, the National Energy
22             Technology Laboratory may establish, or enter
23             into an agreement with a nonprofit organization
24             to establish, a Federal Laboratory-Associated
25             Foundation (referred to in this subsection as a


      † HR 4521 EAS
                                537
1             ‘‘Laboratory Foundation’’) to support the mis-
2             sion of the National Energy Technology Labora-
3             tory.
4                     (B) NOT AGENCY OR INSTRUMENTALITY.—A
5             Laboratory Foundation shall not be an agency
6             or instrumentality of the Federal Government.
 7                    (C) GOVERNANCE STRUCTURE.—A Labora-
 8            tory Foundation established under subparagraph
 9            (A) shall have a separate governance structure
10            from, and shall be managed independently of, the
11            National Energy Technology Laboratory.
12            (2) ACTIVITIES.—Activities of a Laboratory
13      Foundation may include—
14                    (A) conducting support studies, competi-
15            tions, projects, research, and other activities that
16            further the purpose of the Laboratory Founda-
17            tion;
18                    (B) carrying out programs to foster collabo-
19            ration and partnership among researchers from
20            the Federal Government, State governments, in-
21            stitutions of higher education, federally funded
22            research and development centers, and industry
23            and nonprofit organizations relating to the re-
24            search, development, and commercialization of
25            federally supported technologies;


     † HR 4521 EAS
                                538
1                    (C) carrying out programs to leverage tech-
2             nologies to support new product development
3             that supports regional economic development;
4                    (D) administering prize competitions—
5                         (i) to accelerate private sector competi-
6                    tion and investment; and
7                         (ii) that complement the use of prize
8                    authority by the Department;
9                    (E) providing fellowships and grants to re-
10            search and development personnel at, or affili-
11            ated with, federally funded centers, in accordance
12            with paragraph (3);
13                   (F) carrying out programs—
14                        (i) that allow scientists from foreign
15                   countries to serve in research capacities in
16                   the United States or other countries in asso-
17                   ciation with the National Energy Tech-
18                   nology Laboratory;
19                        (ii) that provide opportunities for em-
20                   ployees of the National Energy Technology
21                   Laboratory to serve in research capacities
22                   in foreign countries;
23                        (iii) to conduct studies, projects, or re-
24                   search in collaboration with national and
25                   international nonprofit and for-profit orga-


     † HR 4521 EAS
                                  539
1                    nizations, which may include the provision
2                    of stipends, travel, and other support for
3                    personnel;
4                         (iv)(I) to hold forums, meetings, con-
5                    ferences, courses, and training workshops
6                    that may include undergraduate, graduate,
7                    post-graduate, and post-doctoral accredited
8                    courses; and
9                         (II) for the accreditation of those
10                   courses by the Laboratory Foundation at
11                   the State and national level for college de-
12                   grees or continuing education credits;
13                        (v) to support and encourage teachers
14                   and students of science at all levels of edu-
15                   cation;
16                        (vi) to promote an understanding of
17                   science amongst the general public;
18                        (vii) for writing, editing, printing,
19                   publishing, and vending of relevant books
20                   and other materials; and
21                        (viii) for the conduct of other activities
22                   to carry out and support the purpose of the
23                   Laboratory Foundation; and
24                   (G) receiving, administering, soliciting, ac-
25            cepting, and using funds, gifts, devises, or be-


     † HR 4521 EAS
                                540
 1            quests, either absolutely or in trust of real or
 2            personal property or any income therefrom, or
 3            other interest or equity therein for the benefit of,
 4            or in connection with, the mission of the appli-
 5            cable Federal laboratory, in accordance with
 6            paragraph (4).
 7            (3) FELLOWSHIPS AND GRANTS.—
 8                   (A) SELECTION.—Recipients of fellowships
 9            and grants described in paragraph (2)(E) shall
10            be selected—
11                        (i) by a Laboratory Foundation and
12                   the donors to a Laboratory Foundation;
13                        (ii) subject to the agreement of the head
14                   of the agency the mission of which is sup-
15                   ported by a Laboratory Foundation; and
16                        (iii) in the case of a fellowship, based
17                   on the recommendation of the employees of
18                   the National Energy Technology Laboratory
19                   at which the fellow would serve.
20                   (B) EXPENSES.—Fellowships and grants
21            described in paragraph (2)(E) may include sti-
22            pends, travel, health insurance, benefits, and
23            other appropriate expenses.
24            (4) GIFTS.—An amount of funds, a gift, a de-
25      vise, or a bequest described in paragraph (2)(G) may


     † HR 4521 EAS
                              541
 1      be accepted by a Laboratory Foundation regardless of
 2      whether it is encumbered, restricted, or subject to a
 3      beneficial interest of a private person if any current
 4      or future interest of the funds, gift, devise, or bequest
 5      is for the benefit of the research and development ac-
 6      tivities of the National Energy Technology Labora-
 7      tory.
 8              (5) OWNERSHIP BY FEDERAL GOVERNMENT.—A
 9      contribution, gift, or any other transfer made to or
10      for the use of a Laboratory Foundation shall be re-
11      garded as a contribution, gift, or transfer to or for the
12      use of the Federal Government.
13              (6) LIABILITY.—The United States shall not be
14      liable for any debts, defaults, acts, or omissions of a
15      Laboratory Foundation.
16              (7) TRANSFER OF FUNDS.—Notwithstanding any
17      other provision of law, a Laboratory Foundation may
18      transfer funds to the National Energy Technology
19      Laboratory and the National Energy Technology Lab-
20      oratory may accept that transfer of funds.
21              (8) OTHER   LAWS.—This    subsection shall not
22      alter or supersede any other provision of law gov-
23      erning the authority, scope, establishment, or use of
24      nonprofit organizations by a Federal agency.




     † HR 4521 EAS
                                  542
 1        TITLE VI—SPACE MATTERS
 2           Subtitle A—SPACE Act
 3   SEC. 2601. SHORT TITLE.

 4        This subtitle may be cited as the ‘‘Space Preservation
 5 and Conjunction Emergency Act of 2021’’ or the ‘‘SPACE
 6 Act of 2021’’.
 7   SEC. 2602. SENSE OF CONGRESS.

 8        It is the sense of Congress that—
 9                (1) the increasingly congested nature of the space
10        environment requires immediate action to address the
11        threat of collisions between spacecraft and orbital de-
12        bris;
13                (2) such collisions threaten the billions of dollars
14        of existing United States and allied spacecraft, in-
15        cluding the International Space Station, and endan-
16        ger the future usability of space;
17                (3) the provision of accurate and timely notice
18        to commercial satellite operators with respect to po-
19        tential conjunctions enhances safety;
20                (4) a 2020 National Academies for Public Ad-
21        ministration study identified the Department of Com-
22        merce as the preferred Federal agency to manage,
23        process, and disseminate space situational awareness
24        data to commercial satellite operators; and



       † HR 4521 EAS
                                 543
 1              (5) given the growing space economy, elevating
 2        the Office of Space Commerce within the Department
 3        of Commerce may enhance the ability of the Office of
 4        Space Commerce—
 5                     (A) to promote space safety through future
 6              space situational awareness and space traffic
 7              management efforts; and
 8                     (B) to coordinate with other Federal agen-
 9              cies and foreign entities.
10   SEC. 2603. DEFINITIONS.

11        In this subtitle:
12              (1) CENTER.—The term ‘‘Center’’ means a Cen-
13        ter of Excellence for Space Situational Awareness es-
14        tablished under section 2605.
15              (2) INSTITUTION OF HIGHER EDUCATION.—The
16        term ‘‘institution of higher education’’ has the mean-
17        ing given the term in section 101 of the Higher Edu-
18        cation Act of 1965 (20 U.S.C. 1001).
19              (3) ORBITAL DEBRIS.—The term ‘‘orbital debris’’
20        means any space object that—
21                     (A) remains in orbit; and
22                     (B) no longer serves any useful function or
23              purpose.
24              (4) SECRETARY.—The term ‘‘Secretary’’ means
25        the Secretary of Commerce.


       † HR 4521 EAS
                                 544
 1             (5) SPACE OBJECT.—The term ‘‘space object’’
 2       means any object launched into space or created in
 3       space by humans.
 4             (6) SPACE SITUATIONAL AWARENESS.—The term
 5       ‘‘space situational awareness’’ means—
 6                     (A) the identification and characterization
 7             of space objects and orbital debris; and
 8                     (B) the understanding of the manner in
 9             which space objects and orbital debris behave in
10             space.
11   SEC. 2604. SPACE SITUATIONAL AWARENESS DATA, INFOR-

12                    MATION, AND SERVICES: PROVISION TO NON-

13                    UNITED STATES GOVERNMENT ENTITIES.

14       (a) IN GENERAL.—Chapter 507 of title 51, United
15 States Code, is amended by adding at the end the following:
16 ‘‘§ 50704. Space situational awareness data, informa-
17                tion, and services: provision to non-United

18                States Government entities

19       ‘‘(a) SPACE SITUATIONAL AWARENESS PROGRAM.—
20             ‘‘(1) REQUIREMENT.—Pursuant to the authority
21       provided in section 50702, the Director of Space Com-
22       merce, in coordination with appropriate entities
23       within the Department of Commerce and the heads of
24       other relevant Federal agencies—




      † HR 4521 EAS
                               545
 1                   ‘‘(A) shall carry out a program to improve
 2            the collection, processing, and dissemination of
 3            space situational awareness data, information,
 4            and services;
 5                   ‘‘(B) subject to paragraph (2), may provide
 6            such data, information, and services to 1 or more
 7            eligible entities described in subsection (b);
 8                   ‘‘(C) may obtain such data, information,
 9            and services from 1 or more such eligible entities;
10            and
11                   ‘‘(D) not later than 180 days after the date
12            of the enactment of this section, shall obtain data
13            or services from 1 or more United States com-
14            mercial entities, to be stored in an open-architec-
15            ture data repository that uses commercially
16            available cloud-based computing platforms and
17            other analytic or visualization capabilities.
18            ‘‘(2) TYPE OF INFORMATION PROVIDED.—
19                   ‘‘(A) IN GENERAL.—Data and information
20            provided to eligible entities under paragraph
21            (1)(B) shall be safety-related and unclassified.
22                   ‘‘(B) NATIONAL SECURITY.—The Secretary
23            of Commerce, in consultation with the Secretary
24            of Defense and the heads of other relevant Fed-
25            eral agencies, shall develop a policy to determine


     † HR 4521 EAS
                                 546
 1            the type of information that may be provided
 2            under paragraph (1) without compromising the
 3            national security interests of the United States.
 4      ‘‘(b) ELIGIBLE ENTITY DESCRIBED.—An eligible enti-
 5 ty described in this subsection is any non-United States
 6 Government entity, including—
 7            ‘‘(1) a State;
 8            ‘‘(2) a political subdivision of a State;
 9            ‘‘(3) a United States commercial entity;
10            ‘‘(4) the government of a foreign country; and
11            ‘‘(5) a foreign commercial entity.
12      ‘‘(c) PUBLIC SERVICES.—
13            ‘‘(1) IN GENERAL.—The Secretary of Commerce
14      shall designate a basic level of space situational
15      awareness data, information, and services to be pro-
16      vided at no charge to 1 or more eligible entities de-
17      scribed in subsection (b), which shall include public
18      services, free of charge, such as—
19                     ‘‘(A) a public catalog of tracked space ob-
20            jects;
21                     ‘‘(B) emergency conjunction notifications;
22            and
23                     ‘‘(C) any other data or services the Director
24            of Space Commerce considers appropriate.




     † HR 4521 EAS
                                547
 1             ‘‘(2) LIMITATION.—The Secretary of Commerce
 2       may only provide data or services under paragraph
 3       (1)(C) that compete with products offered by United
 4       States commercial entities if the provision of such
 5       data or services is required to address a threat to
 6       space safety.
 7       ‘‘(d) ADVANCED SERVICES.—The Secretary of Com-
 8 merce may undertake activities to promote the development
 9 of advanced space situational awareness data, information,
10 and services to foster the growth of a global space safety
11 industry.
12       ‘‘(e) PROCEDURES.—The Secretary of Commerce shall
13 establish procedures by which the authority under this sec-
14 tion shall be carried out.
15       ‘‘(f) IMMUNITY.—The United States, any agency or in-
16 strumentality thereof, and any individual, firm, corpora-
17 tion, or other person acting for the United States shall be
18 immune from any suit in any court for any cause of action
19 arising from the provision or receipt of space situational
20 awareness data, information, or services, whether or not
21 provided in accordance with this section, or any related ac-
22 tion or omission.




      † HR 4521 EAS
                                        548
 1 ‘‘§ 50705. Authorization of appropriations
 2         ‘‘There is authorized to be appropriated to the Sec-
 3 retary of Commerce to carry out this chapter $15,000,000
 4 for fiscal year 2021.’’.
 5         (b) TECHNICAL AND CONFORMING AMENDMENT.—The
 6 table of sections for chapter 507 of title 51, United States
 7 Code, is amended by inserting after the item relating to
 8 section 50703 the following:
     ‘‘50704. Space situational awareness data, information, and services: provision to
                       non-United States Government entities.
     ‘‘50705. Authorization of appropriations.’’.

 9   SEC. 2605. CENTERS OF EXCELLENCE FOR SPACE SITUA-

10                     TIONAL AWARENESS.

11         (a) IN GENERAL.—Subject to appropriations, the Sec-
12 retary shall award grants to eligible entities to establish 1
13 or more Centers of Excellence for Space Situational Aware-
14 ness to advance scientific, technological, transdisciplinary,
15 and policy research in space situational awareness.
16         (b) PURPOSES.—Each Center shall—
17                (1) conduct transdisciplinary research, develop-
18         ment, and demonstration projects related to detecting,
19         tracking, identifying, characterizing, modeling, and
20         minimizing space safety, security, and sustainability
21         risks to improve—
22                       (A) space situational awareness and the de-
23                velopment of open-architecture resources for im-
24                proved space safety, security, and sustainability;

       † HR 4521 EAS
                                549
1                    (B) the unique identification, tracking, clas-
2             sification, prediction, and modeling of orbital
3             debris and space objects;
4                    (C) the monitoring, quantification, assess-
5             ment, modeling, and prediction of space oper-
6             ations and environmental threats and hazards,
7             including in space collisions;
8                    (D) peer exchange and documentation of
9             evidence-based practices, policies, laws, and regu-
10            lations related to orbital debris mitigation and
11            remediation; and
12                   (E) sharing, modeling, and curation of data
13            related to orbital debris, space objects, and the
14            environment of orbital debris and space objects;
15            (2) conduct policy research related to space safe-
16      ty, security, and sustainability so as to improve shar-
17      ing of common data and legal standards related to or-
18      bital debris;
19            (3) leverage non-Federal sources of support to
20      improve space situational awareness and minimize
21      space safety, security, and sustainability risks; and
22            (4) draw on commercial capabilities and data,
23      as appropriate.
24      (c) ELIGIBLE ENTITIES.—




     † HR 4521 EAS
                                550
 1             (1) IN GENERAL.—To be eligible for a grant
 2       under this section, an entity shall be a consortium led
 3       by—
 4                    (A) an institution of higher education; or
 5                    (B) a nonprofit organization.
 6             (2) MEMBERSHIP OF CONSORTIUM.—The consor-
 7       tium referred to in paragraph (1) may include 1 or
 8       more—
 9                    (A) commercial entities;
10                    (B) Federal laboratories, including Depart-
11             ment of Defense research laboratories; and
12                    (C) other institutions of higher education or
13             nonprofit organizations.
14       (d) CONSIDERATIONS.—In awarding grants under this
15 section, the Secretary shall consider, at a minimum—
16             (1) the potential of a proposed Center—
17                    (A) to improve the science and technology of
18             space situational awareness; and
19                    (B) to reduce the amount of space safety, se-
20             curity, and sustainability risks; and
21             (2) the commitment of financial support, advice,
22       participation, and other contributions from non-Fed-
23       eral sources.
24       (e) GRANT PERIOD.—A grant awarded under this sec-
25 tion shall be awarded for a period of 5 years.


      † HR 4521 EAS
                                551
 1        (f) AUTHORIZATION OF APPROPRIATIONS.—There is
 2 authorized to be appropriated to carry out this section
 3 $20,000,000.
 4 Subtitle B—National Aeronautics
 5   and Space Administration Au-
 6   thorization Act
 7   SEC. 2611. SHORT TITLE.

 8        This subtitle may be cited as the ‘‘National Aero-
 9 nautics and Space Administration Authorization Act of
10 2021’’.
11   SEC. 2612. DEFINITIONS.

12        In this subtitle:
13              (1) ADMINISTRATION.—The term ‘‘Administra-
14        tion’’ means the National Aeronautics and Space Ad-
15        ministration.
16              (2)    ADMINISTRATOR.—The      term     ‘‘Adminis-
17        trator’’ means the Administrator of the National Aer-
18        onautics and Space Administration.
19              (3) APPROPRIATE COMMITTEES OF CONGRESS.—
20        Except as otherwise expressly provided, the term ‘‘ap-
21        propriate committees of Congress’’ means—
22                     (A) the Committee on Commerce, Science,
23              and Transportation of the Senate; and
24                     (B) the Committee on Science, Space, and
25              Technology of the House of Representatives.


       † HR 4521 EAS
                             552
 1            (4) CISLUNAR    SPACE.—The         term ‘‘cislunar
 2      space’’ means the region of space beyond low-Earth
 3      orbit out to and including the region around the sur-
 4      face of the Moon.
 5            (5) DEEP SPACE.—The term ‘‘deep space’’ means
 6      the region of space beyond low-Earth orbit, including
 7      cislunar space.
 8            (6) DEVELOPMENT COST.—The term ‘‘develop-
 9      ment cost’’ has the meaning given the term in section
10      30104 of title 51, United States Code.
11            (7) ISS.—The term ‘‘ISS’’ means the Inter-
12      national Space Station.
13            (8) ISS MANAGEMENT ENTITY.—The term ‘‘ISS
14      management entity’’ means the organization with
15      which the Administrator has entered into a coopera-
16      tive agreement under section 504(a) of the National
17      Aeronautics and Space Administration Authorization
18      Act of 2010 (42 U.S.C. 18354(a)).
19            (9) NASA.—The term ‘‘NASA’’ means the Na-
20      tional Aeronautics and Space Administration.
21            (10) ORION.—The term ‘‘Orion’’ means the mul-
22      tipurpose crew vehicle described in section 303 of the
23      National Aeronautics and Space Administration Au-
24      thorization Act of 2010 (42 U.S.C. 18323).




     † HR 4521 EAS
                              553
 1             (11) OSTP.—The term ‘‘OSTP’’ means the Of-
 2       fice of Science and Technology Policy.
 3             (12) SPACE LAUNCH SYSTEM.—The term ‘‘Space
 4       Launch System’’ means the Space Launch System
 5       authorized under section 302 of the National Aero-
 6       nautics and Space Administration Act of 2010 (42
 7       U.S.C. 18322).
 8    PART I—AUTHORIZATION OF APPROPRIATIONS

 9   SEC. 2613. AUTHORIZATION OF APPROPRIATIONS.

10       There are authorized to be appropriated to the Admin-
11 istration for fiscal year 2021 $23,495,000,000 as follows:
12             (1) For Exploration, $6,706,400,000.
13             (2) For Space Operations, $3,988,200,000.
14             (3) For Science, $7,274,700,000.
15             (4) For Aeronautics, $828,700,000.
16             (5) For Space Technology, $1,206,000,000.
17             (6) For Science, Technology, Engineering, and
18       Mathematics Engagement, $120,000,000.
19             (7) For Safety, Security, and Mission Services,
20       $2,936,500,000.
21             (8) For Construction and Environmental Com-
22       pliance and Restoration, $390,300,000.
23             (9) For Inspector General, $44,200,000.




      † HR 4521 EAS
                                 554
1           PART II—HUMAN SPACEFLIGHT AND

2                           EXPLORATION

3    SEC. 2614. COMPETITIVENESS WITHIN THE HUMAN LAND-

4                     ING SYSTEM PROGRAM.

 5       (a) SENSE OF CONGRESS.—It is the sense of Congress
 6 that—
 7             (1) advances in space technology and space ex-
 8       ploration capabilities ensure the long-term techno-
 9       logical preeminence, economic competitiveness, STEM
10       workforce development, and national security of the
11       United States;
12             (2) the development of technologies that enable
13       human exploration of the lunar surface and other ce-
14       lestial bodies is critical to the space industrial base
15       of the United States;
16             (3) commercial entities in the United States have
17       made significant investment and progress toward the
18       development of human-class lunar landers;
19             (4) NASA developed the Artemis program—
20                     (A) to fulfill the goal of landing United
21             States astronauts, including the first woman and
22             the next man, on the Moon; and
23                     (B) to collaborate with commercial and
24             international partners to establish sustainable
25             lunar exploration by 2028;


      † HR 4521 EAS
                             555
 1            (5) in carrying out the Artemis program, the
 2      Administrator should ensure that the entire Artemis
 3      program is inclusive and representative of all people
 4      of the United States, including women and minori-
 5      ties; and
 6            (6) maintaining multiple technically credible
 7      providers within NASA commercial programs is a
 8      best practice that reduces programmatic risk.
 9      (b) STATEMENT OF POLICY.—It shall be the policy of
10 the United States—
11            (1) to bolster the domestic space technology in-
12      dustrial base, using existing tools and authorities,
13      particularly in areas central to competition between
14      the United States and the People’s Republic of China;
15      and
16            (2) to mitigate threats and minimize challenges
17      to the superiority of the United States in space tech-
18      nology, including lunar infrastructure and lander ca-
19      pabilities.
20      (c) HUMAN LANDING SYSTEM PROGRAM.—
21            (1) IN GENERAL.—Not later than 60 days after
22      the date of the enactment of this division, the Admin-
23      istrator shall maintain competitiveness within the
24      human landing system program by funding design,




     † HR 4521 EAS
                                 556
 1      development, testing, and evaluation for not fewer
 2      than 2 entities.
 3              (2)    REQUIREMENTS.—In        carrying    out   the
 4      human landing system program referred to in para-
 5      graph (1), the Administrator shall, to the extent prac-
 6      ticable—
 7                     (A) encourage reusability and sustainability
 8              of systems developed; and
 9                     (B) offer existing capabilities and assets of
10              NASA centers to support such partnerships.
11              (3) BRIEFING.—Not later than 60 days after the
12      date of the enactment of this division, the Adminis-
13      trator shall provide to the appropriate committees of
14      Congress a briefing on the implementation of para-
15      graph (1).
16              (4) AUTHORIZATION        OF APPROPRIATIONS.—In

17      addition to amounts otherwise appropriated for the
18      Artemis program, for fiscal years 2021 through 2025,
19      there         is   authorized     to    be    appropriated
20      $10,032,000,000 to NASA to carry out the human
21      landing system program.
22              (5) SAVINGS.—The Administrator shall not, in
23      order to comply with the obligations referred to in
24      paragraph (1), modify, terminate, or rescind any se-
25      lection decisions or awards made under the human


     † HR 4521 EAS
                               557
 1        landing system program that were announced prior
 2        to the date of enactment of this division.
 3        (d) APPROPRIATE COMMITTEES OF CONGRESS DE-
 4   FINED.—In this section, the term ‘‘appropriate committees

 5 of Congress’’ means—
 6              (1) the Committee on Commerce, Science, and
 7        Transportation and the Committee on Appropriations
 8        of the Senate; and
 9              (2) the Committee on Science, Space, and Tech-
10        nology and the Committee on Appropriations of the
11        House of Representatives.
12   SEC. 2615. SPACE LAUNCH SYSTEM CONFIGURATIONS.

13        (a) MOBILE LAUNCH PLATFORM.—The Administrator
14 is authorized to maintain 2 operational mobile launch plat-
15 forms to enable the launch of multiple configurations of the
16 Space Launch System.
17        (b) EXPLORATION UPPER STAGE.—To meet the capa-
18 bility requirements under section 302(c)(2) of the National
19 Aeronautics and Space Administration Authorization Act
20 of 2010 (42 U.S.C. 18322(c)(2)), the Administrator shall
21 continue development of the Exploration Upper Stage for
22 the Space Launch System with a scheduled availability suf-
23 ficient for use on the third launch of the Space Launch Sys-
24 tem.




       † HR 4521 EAS
                              558
1       (c) BRIEFING.—Not later than 90 days after the date
2 of the enactment of this division, the Administrator shall
3 brief the appropriate committees of Congress on the develop-
4 ment and scheduled availability of the Exploration Upper
5 Stage for the third launch of the Space Launch System.
 6      (d) MAIN PROPULSION TEST ARTICLE.—To meet the
 7 requirements under section 302(c)(3) of the National Aero-
 8 nautics and Space Administration Authorization Act of
 9 2010 (42 U.S.C. 18322(c)(3)), the Administrator shall—
10            (1) immediately on completion of the first full-
11      duration integrated core stage test of the Space
12      Launch System, initiate development of a main pro-
13      pulsion test article for the integrated core stage pro-
14      pulsion elements of the Space Launch System, con-
15      sistent with cost and schedule constraints, particu-
16      larly for long-lead propulsion hardware needed for
17      flight;
18            (2) not later than 180 days after the date of the
19      enactment of this division, submit to the appropriate
20      committees of Congress a detailed plan for the devel-
21      opment and operation of such main propulsion test
22      article; and
23            (3) use existing capabilities of NASA centers for
24      the design, manufacture, and operation of the main
25      propulsion test article.


     † HR 4521 EAS
                             559
 1   SEC. 2616. ADVANCED SPACESUITS.

 2       (a) SENSE OF CONGRESS.—It is the sense of Congress
 3 that next-generation advanced spacesuits are a critical tech-
 4 nology for human space exploration and use of low-Earth
 5 orbit, cislunar space, the surface of the Moon, and Mars.
 6       (b) DEVELOPMENT PLAN.—The Administrator shall
 7 establish a detailed plan for the development and manufac-
 8 ture of advanced spacesuits, consistent with the deep space
 9 exploration goals and timetables of NASA.
10       (c) DIVERSE ASTRONAUT CORPS.—The Administrator
11 shall ensure that spacesuits developed and manufactured
12 after the date of the enactment of this division are capable
13 of accommodating a wide range of sizes of astronauts so
14 as to meet the needs of the diverse NASA astronaut corps.
15       (d) ISS USE.—Throughout the operational life of the
16 ISS, the Administrator should fully use the ISS for testing
17 advanced spacesuits.
18       (e) PRIOR INVESTMENTS.—
19             (1) IN GENERAL.—In developing an advanced
20       spacesuit, the Administrator shall, to the maximum
21       extent practicable, partner with industry-proven
22       spacesuit design, development, and manufacturing
23       suppliers and leverage prior and existing investments
24       in advanced spacesuit technologies and existing capa-
25       bilities at NASA centers to maximize the benefits of
26       such investments and technologies.
      † HR 4521 EAS
                                 560
 1             (2) AGREEMENTS WITH PRIVATE ENTITIES.—In
 2        carrying out this subsection, the Administrator may
 3        enter into 1 or more agreements with 1 or more pri-
 4        vate entities for the manufacture of advanced
 5        spacesuits, as the Administrator considers appro-
 6        priate.
 7        (f) BRIEFING.—Not later than 180 days after the date
 8 of the enactment of this division, and semiannually there-
 9 after until NASA procures advanced spacesuits under this
10 section, the Administrator shall brief the appropriate com-
11 mittees of Congress on the development plan in subsection
12 (b).
13   SEC. 2617. ACQUISITION OF DOMESTIC SPACE TRANSPOR-

14                    TATION AND LOGISTICS RESUPPLY SERVICES.

15        (a) IN GENERAL.—Except as provided in subsection
16 (b), the Administrator shall not enter into any contract
17 with a person or entity that proposes to use, or will use,
18 a foreign launch provider for a commercial service to pro-
19 vide space transportation or logistics resupply for—
20             (1) the ISS; or
21             (2) any Government-owned or Government-fund-
22        ed platform in Earth orbit or cislunar space, on the
23        lunar surface, or elsewhere in space.
24        (b) EXCEPTION.—The Administrator may enter into
25 a contract with a person or an entity that proposes to use,


      † HR 4521 EAS
                                 561
 1 or will use, a foreign launch provider for a commercial serv-
 2 ice to carry out an activity described in subsection (a) if—
 3             (1) a domestic vehicle or service is unavailable;
 4       or
 5             (2) the launch vehicle or service is a contribution
 6       by a partner to an international no-exchange-of-funds
 7       collaborative effort.
 8       (c) RULE OF CONSTRUCTION.—Nothing in this section
 9 shall be construed to prohibit the Administrator from enter-
10 ing into 1 or more no-exchange-of-funds collaborative agree-
11 ments with an international partner in support of the deep
12 space exploration plan of NASA.
13   SEC. 2618. ROCKET ENGINE TEST INFRASTRUCTURE.

14       (a) IN GENERAL.—The Administrator shall continue
15 to carry out a program to modernize rocket propulsion test
16 infrastructure at NASA facilities—
17             (1) to increase capabilities;
18             (2) to enhance safety;
19             (3) to support propulsion development and test-
20       ing; and
21             (4) to foster the improvement of Government and
22       commercial space transportation and exploration.
23       (b) PROJECTS.—Projects funded under the program
24 described in subsection (a) may include—




      † HR 4521 EAS
                               562
 1             (1) infrastructure and other facilities and sys-
 2       tems relating to rocket propulsion test stands and
 3       rocket propulsion testing;
 4             (2) enhancements to test facility capacity and
 5       flexibility; and
 6             (3) such other projects as the Administrator con-
 7       siders appropriate to meet the goals described in that
 8       subsection.
 9       (c) REQUIREMENTS.—In carrying out the program
10 under subsection (a), the Administrator shall—
11             (1) prioritize investments in projects that en-
12       hance test and flight certification capabilities for
13       large thrust-level atmospheric and altitude engines
14       and engine systems, and multi-engine integrated test
15       capabilities;
16             (2) continue to make underutilized test facilities
17       available for commercial use on a reimbursable basis;
18       and
19             (3) ensure that no project carried out under this
20       program adversely impacts, delays, or defers testing
21       or other activities associated with facilities used for
22       Government programs, including—
23                    (A) the Space Launch System and the Ex-
24             ploration Upper Stage of the Space Launch Sys-
25             tem;


      † HR 4521 EAS
                                563
 1                    (B) in-space propulsion to support explo-
 2             ration missions; or
 3                    (C) nuclear propulsion testing.
 4       (d) RULE OF CONSTRUCTION.—Nothing in this section
 5 shall preclude a NASA program, including the Space
 6 Launch System and the Exploration Upper Stage of the
 7 Space Launch System, from using the modernized test in-
 8 frastructure developed under this section.
 9       (e) WORKING CAPITAL FUND STUDY.—
10             (1) IN GENERAL.—Not later than 180 days after
11       the date of the enactment of this division, the Admin-
12       istrator shall submit to the appropriate committees of
13       Congress a report on the use of the authority under
14       section 30102 of title 51, United States Code, to pro-
15       mote increased use of NASA rocket propulsion test in-
16       frastructure for research, development, testing, and
17       evaluation activities by other Federal agencies, firms,
18       associations, corporations, and educational institu-
19       tions.
20             (2) MATTERS TO BE INCLUDED.—The report re-
21       quired by paragraph (1) shall include the following:
22                    (A) An assessment of prior use, if any, of
23             the authority under section 30102 of title 51,
24             United States Code, to improve testing infra-
25             structure.


      † HR 4521 EAS
                                564
 1                     (B) An analysis of any barrier to imple-
 2              mentation of such authority for the purpose of
 3              promoting increased use of NASA rocket propul-
 4              sion test infrastructure.
 5   SEC. 2619. PEARL RIVER MAINTENANCE.

 6        (a) IN GENERAL.—The Administrator shall coordinate
 7 with the Chief of the Army Corps of Engineers to ensure
 8 the continued navigability of the Pearl River and Little
 9 Lake channels sufficient to support NASA barge operations
10 surrounding Stennis Space Center and the Michoud Assem-
11 bly Facility.
12        (b) REPORT TO CONGRESS.—Not later than 180 days
13 after the date of the enactment of this division, the Adminis-
14 trator shall submit to the appropriate committees of Con-
15 gress a report on efforts under subsection (a).
16        (c) APPROPRIATE COMMITTEES OF CONGRESS DE-
17   FINED.—In this section, the term ‘‘appropriate committees

18 of Congress’’ means—
19              (1) the Committee on Commerce, Science, and
20        Transportation, the Committee on Environment and
21        Public Works, and the Committee on Appropriations
22        of the Senate; and
23              (2) the Committee on Science, Space, and Tech-
24        nology, the Committee on Transportation and Infra-




       † HR 4521 EAS
                                565
 1       structure, and the Committee on Appropriations of
 2       the House of Representatives.
 3   SEC. 2620. VALUE OF INTERNATIONAL SPACE STATION AND

 4                    CAPABILITIES IN LOW-EARTH ORBIT.

 5       (a) SENSE OF CONGRESS.—It is the sense of Congress
 6 that—
 7             (1) it is in the national and economic security
 8       interests of the United States to maintain a contin-
 9       uous human presence in low-Earth orbit;
10             (2) low-Earth orbit should be used as a test bed
11       to advance human space exploration and scientific
12       discoveries; and
13             (3) the ISS is a critical component of economic,
14       commercial, and industrial development in low-Earth
15       orbit.
16       (b) HUMAN PRESENCE REQUIREMENT.—The United
17 States shall continuously maintain the capability for a con-
18 tinuous human presence in low-Earth orbit through and be-
19 yond the useful life of the ISS.
20   SEC. 2621. EXTENSION AND MODIFICATION RELATING TO

21                    INTERNATIONAL SPACE STATION.

22       (a) POLICY.—Section 501(a) of the National Aero-
23 nautics and Space Administration Authorization Act of
24 2010 (42 U.S.C. 18351(a)) is amended by striking ‘‘2024’’
25 and inserting ‘‘2030’’.


      † HR 4521 EAS
                                  566
 1       (b) MAINTENANCE OF UNITED STATES SEGMENT AND
 2 ASSURANCE OF CONTINUED OPERATIONS.—Section 503(a)
 3 of the National Aeronautics and Space Administration Au-
 4 thorization Act of 2010 (42 U.S.C. 18353(a)) is amended
 5 by striking ‘‘September 30, 2024’’ and inserting ‘‘September
 6 30, 2030’’.
 7       (c) RESEARCH CAPACITY ALLOCATION AND INTEGRA-
 8   TION OF RESEARCH PAYLOADS.—Section 504(d) of the Na-

 9 tional Aeronautics and Space Administration Authoriza-
10 tion Act of 2010 (42 U.S.C. 18354(d)) is amended—
11             (1) in paragraph (1), in the first sentence—
12                    (A) by striking ‘‘As soon as practicable’’
13             and all that follows through ‘‘2011,’’ and insert-
14             ing ‘‘The’’; and
15                    (B) by striking ‘‘September 30, 2024’’ and
16             inserting ‘‘September 30, 2030’’; and
17             (2) in paragraph (2), in the third sentence, by
18       striking ‘‘September 30, 2024’’ and inserting ‘‘Sep-
19       tember 30, 2030’’.
20       (d) MAINTENANCE OF USE.—Section 70907 of title 51,
21 United States Code, is amended—
22             (1) in the section heading, by striking ‘‘2024’’
23       and inserting ‘‘2030’’;
24             (2) in subsection (a), by striking ‘‘September 30,
25       2024’’ and inserting ‘‘September 30, 2030’’; and


      † HR 4521 EAS
                                         567
 1                (3) in subsection (b)(3), by striking ‘‘September
 2         30, 2024’’ and inserting ‘‘September 30, 2030’’.
 3         (e) TRANSITION PLAN REPORTS.—Section 50111(c)(2)
 4 of title 51, United States Code is amended—
 5                (1) in the matter preceding subparagraph (A),
 6         by striking ‘‘2023’’ and inserting ‘‘2028’’; and
 7                (2) in subparagraph (J), by striking ‘‘2028’’ and
 8         inserting ‘‘2030’’.
 9         (f) ELIMINATION OF INTERNATIONAL SPACE STATION
10 NATIONAL LABORATORY ADVISORY COMMITTEE.—Section
11 70906 of title 51, United States Code, is repealed.
12         (g) CONFORMING AMENDMENTS.—Chapter 709 of title
13 51, United States Code, is amended—
14                (1) by redesignating section 70907 as section
15         70906; and
16                (2) in the table of sections for the chapter, by
17         striking the items relating to sections 70906 and
18         70907 and inserting the following:
     ‘‘70906. Maintaining use through at least 2030.’’.

19   SEC. 2622. DEPARTMENT OF DEFENSE ACTIVITIES ON

20                     INTERNATIONAL SPACE STATION.

21         (a) IN GENERAL.—Not later than 180 days after the
22 date of the enactment of this division, the Secretary of De-
23 fense shall—
24                (1) identify and review each activity, program,
25         and project of the Department of Defense completed,
       † HR 4521 EAS
                                568
 1        being carried out, or planned to be carried out on the
 2        ISS as of the date of the review; and
 3              (2) provide to the appropriate committees of
 4        Congress a briefing that describes the results of the re-
 5        view.
 6        (b) APPROPRIATE COMMITTEES OF CONGRESS DE-
 7   FINED.—In this section, the term ‘‘appropriate committees

 8 of Congress’’ means—
 9              (1) the Committee on Armed Services, the Com-
10        mittee on Appropriations, and the Committee on
11        Commerce, Science, and Transportation of the Senate;
12        and
13              (2) the Committee on Armed Services, the Com-
14        mittee on Appropriations, and the Committee on
15        Science, Space, and Technology of the House of Rep-
16        resentatives.
17   SEC. 2623. COMMERCIAL DEVELOPMENT IN LOW-EARTH

18                     ORBIT.

19        (a) STATEMENT OF POLICY.—It is the policy of the
20 United States to encourage the development of a thriving
21 and robust United States commercial sector in low-Earth
22 orbit.
23        (b) PREFERENCE FOR UNITED STATES COMMERCIAL
24 PRODUCTS AND SERVICES.—The Administrator shall con-
25 tinue to increase the use of assets, products, and services


       † HR 4521 EAS
                              569
 1 of private entities in the United States to fulfill the low-
 2 Earth orbit requirements of the Administration.
 3       (c) NONCOMPETITION.—
 4             (1) IN GENERAL.—Except as provided in para-
 5       graph (2), the Administrator may not offer to a for-
 6       eign person or a foreign government a spaceflight
 7       product or service relating to the ISS, if a com-
 8       parable spaceflight product or service, as applicable,
 9       is offered by a private entity in the United States.
10             (2) EXCEPTION.—The Administrator may offer a
11       spaceflight product or service relating to the ISS to
12       the government of a country that is a signatory to the
13       Agreement Among the Government of Canada, Gov-
14       ernments of Member States of the European Space
15       Agency, the Government of Japan, the Government of
16       the Russian Federation, and the Government of the
17       United States of America Concerning Cooperation on
18       the Civil International Space Station, signed at
19       Washington January 29, 1998, and entered into force
20       on March 27, 2001 (TIAS 12927), including an inter-
21       national partner astronaut (as defined in section
22       50902 of title 51, United States Code) that is spon-
23       sored by the government of such a country.
24       (d) SHORT-DURATION COMMERCIAL MISSIONS.—To
25 provide opportunities for additional transport of astronauts


      † HR 4521 EAS
                                 570
 1 to the ISS and help establish a commercial market in low-
 2 Earth orbit, the Administrator may permit short-duration
 3 missions to the ISS for commercial passengers on a fully
 4 or partially reimbursable basis.
 5       (e) PROGRAM AUTHORIZATION.—
 6             (1) ESTABLISHMENT.—The Administrator shall
 7       establish a low-Earth orbit commercial development
 8       program to encourage the fullest commercial use and
 9       development of space by private entities in the United
10       States.
11             (2) ELEMENTS.—The program established under
12       paragraph (1) shall, to the maximum extent prac-
13       ticable, include activities—
14                    (A) to stimulate demand for—
15                          (i) space-based commercial research,
16                    development, and manufacturing;
17                          (ii) spaceflight products and services;
18                    and
19                          (iii) human spaceflight products and
20                    services in low-Earth orbit;
21                    (B) to improve the capability of the ISS to
22             accommodate commercial users; and
23                    (C) subject to paragraph (3), to foster the
24             development of commercial space stations and
25             habitats.


      † HR 4521 EAS
                                571
1             (3) COMMERCIAL SPACE STATIONS AND HABI-
 2      TATS.—

 3                   (A) PRIORITY.—With respect to an activity
 4            to develop a commercial space station or habitat,
 5            the Administrator shall give priority to an activ-
 6            ity for which a private entity provides a signifi-
 7            cant share of the cost to develop and operate the
 8            activity.
 9                   (B) REPORT.—Not later than 30 days after
10            the date that an award or agreement is made to
11            carry out an activity to develop a commercial
12            space station or habitat, the Administrator shall
13            submit to the appropriate committees of Congress
14            a report on the development of the commercial
15            space station or habitat, as applicable, that in-
16            cludes—
17                        (i) a business plan that describes the
18                   manner in which the project will—
19                              (I) meet the future requirements
20                        of NASA for low-Earth orbit human
21                        space-flight services; and
22                              (II) fulfill the cost-share funding
23                        prioritization under subparagraph (A);
24                        and




     † HR 4521 EAS
                                 572
 1                         (ii) a review of the viability of the
 2                     operational business case, including—
 3                               (I) the level of expected Govern-
 4                         ment participation;
 5                               (II) a list of anticipated non-
 6                         governmental an international cus-
 7                         tomers and associated contributions;
 8                         and
 9                               (III) an assessment of long-term
10                         sustainability for the nongovernmental
11                         customers, including an independent
12                         assessment of the viability of the mar-
13                         ket for such commercial services or
14                         products.
15   SEC. 2624. MAINTAINING A NATIONAL LABORATORY IN

16                    SPACE.

17       (a) SENSE OF CONGRESS.—It is the sense of Congress
18 that—
19             (1) the United States segment of the Inter-
20       national Space Station (as defined in section 70905
21       of title 51, United States Code), which is designated
22       as a national laboratory under section 70905(b) of
23       title 51, United States Code—
24                     (A) benefits the scientific community and
25             promotes commerce in space;


      † HR 4521 EAS
                               573
1                    (B) fosters stronger relationships among
2             NASA and other Federal agencies, the private
3             sector, and research groups and universities;
4                    (C) advances science, technology, engineer-
5             ing, and mathematics education through use of
6             the unique microgravity environment; and
7                    (D) advances human knowledge and inter-
8             national cooperation;
9             (2) after the ISS is decommissioned, the United
10      States should maintain a national microgravity lab-
11      oratory in space;
12            (3) in maintaining a national microgravity lab-
13      oratory in space, the United States should make ap-
14      propriate accommodations for different types of own-
15      ership and operation arrangements for the ISS and
16      future space stations;
17            (4) to the maximum extent practicable, a na-
18      tional microgravity laboratory in space should be
19      maintained in cooperation with international space
20      partners; and
21            (5) NASA should continue to support funda-
22      mental science research on future platforms in low-
23      Earth orbit and cislunar space, orbital and suborbital
24      flights, drop towers, and other microgravity testing
25      environments.


     † HR 4521 EAS
                                 574
 1       (b) REPORT.—The Administrator, in coordination
 2 with the National Space Council and other Federal agencies
 3 as the Administrator considers appropriate, shall issue a
 4 report detailing the feasibility of establishing a micro-
 5 gravity national laboratory federally funded research and
 6 development center to carry out activities relating to the
 7 study and use of in-space conditions.
 8   SEC. 2625. INTERNATIONAL SPACE STATION NATIONAL LAB-

 9                    ORATORY;   PROPERTY   RIGHTS   IN   INVEN-

10                    TIONS.

11       (a) IN GENERAL.—Subchapter III of chapter 201 of
12 title 51, United States Code, is amended by adding at the
13 end the following:
14 ‘‘§ 20150. Property rights in designated inventions
15       ‘‘(a)     EXCLUSIVE     PROPERTY    RIGHTS.—Notwith-
16 standing section 3710a of title 15, chapter 18 of title 35,
17 section 20135, or any other provision of law, a designated
18 invention shall be the exclusive property of a user, and shall
19 not be subject to a Government-purpose license, if—
20               ‘‘(1)(A) the Administration is reimbursed under
21       the terms of the contract for the full cost of a con-
22       tribution by the Federal Government of the use of
23       Federal facilities, equipment, materials, proprietary
24       information of the Federal Government, or services of
25       a Federal employee during working hours, including


      † HR 4521 EAS
                                 575
 1      the cost for the Administration to carry out its re-
 2      sponsibilities under paragraphs (1) and (4) of section
 3      504(d) of the National Aeronautics and Space Ad-
 4      ministration Authorization Act of 2010 (42 U.S.C.
 5      18354(d));
 6            ‘‘(B) Federal funds are not transferred to the
 7      user under the contract; and
 8            ‘‘(C) the designated invention was made (as de-
 9      fined in section 20135(a))—
10                   ‘‘(i) solely by the user; or
11                   ‘‘(ii)(I) by the user with the services of a
12            Federal employee under the terms of the contract;
13            and
14                   ‘‘(II) the Administration is reimbursed for
15            such services under subparagraph (B); or
16            ‘‘(2) the Administrator determines that the rel-
17      evant field of commercial endeavor is sufficiently im-
18      mature that granting exclusive property rights to the
19      user is necessary to help bolster demand for products
20      and services produced on crewed or crew-tended space
21      stations.
22      ‘‘(b) NOTIFICATION TO CONGRESS.—On completion of
23 a determination made under paragraph (2), the Adminis-
24 trator shall submit to the appropriate committees of Con-




     † HR 4521 EAS
                             576
 1 gress a notification of the determination that includes a
 2 written justification.
 3       ‘‘(c) PUBLIC AVAILABILITY.—A determination or part
 4 of such determination under paragraph (1) shall be made
 5 available to the public on request, as required under section
 6 552 of title 5, United States Code (commonly referred to
 7 as the ‘Freedom of Information Act’).
 8       ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
 9 tion may be construed to affect the rights of the Federal
10 Government, including property rights in inventions, under
11 any contract, except in the case of a written contract with
12 the Administration or the ISS management entity for the
13 performance of a designated activity.
14       ‘‘(e) DEFINITIONS.—In this section—
15             ‘‘(1) CONTRACT.—The term ‘contract’ has the
16       meaning giving the term in section 20135(a).
17             ‘‘(2) DESIGNATED    ACTIVITY.—The    term ‘des-
18       ignated activity’ means any non-NASA scientific use
19       of the ISS national laboratory as described in section
20       504 of the National Aeronautics and Space Adminis-
21       tration Authorization Act of 2010 (42 U.S.C. 18354).
22             ‘‘(3) DESIGNATED INVENTION.—The term ‘des-
23       ignated invention’ means any invention, product, or
24       service conceived or first reduced to practice by any
25       person in the performance of a designated activity


      † HR 4521 EAS
                              577
 1      under a written contract with the Administration or
 2      the ISS management entity.
 3              ‘‘(4) FULL COST.—The term ‘full cost’ means the
 4      cost of transporting materials or passengers to and
 5      from the ISS, including any power needs, the disposal
 6      of mass, crew member time, stowage, power on the
 7      ISS, data downlink, crew consumables, and life sup-
 8      port.
 9              ‘‘(5)   GOVERNMENT-PURPOSE      LICENSE.—The

10      term ‘Government-purpose license’ means the reserva-
11      tion by the Federal Government of an irrevocable,
12      nonexclusive, nontransferable, royalty-free license for
13      the use of an invention throughout the world by or on
14      behalf of the United States or any foreign government
15      pursuant to a treaty or agreement with the United
16      States.
17              ‘‘(6) ISS MANAGEMENT ENTITY.—The term ‘ISS
18      management entity’ means the organization with
19      which the Administrator enters into a cooperative
20      agreement under section 504(a) of the National Aero-
21      nautics and Space Administration Authorization Act
22      of 2010 (42 U.S.C. 18354(a)).
23              ‘‘(7) USER.—The term ‘user’ means a person, in-
24      cluding a nonprofit organization or small business
25      firm (as such terms are defined in section 201 of title


     † HR 4521 EAS
                                         578
 1          35), or class of persons that enters into a written con-
 2          tract with the Administration or the ISS manage-
 3          ment entity for the performance of designated activi-
 4          ties.’’.
 5          (b) CONFORMING AMENDMENT.—The table of sections
 6 for chapter 201 of title 51, United States Code, is amended
 7 by inserting after the item relating to section 20149 the fol-
 8 lowing:
     ‘‘20150. Property rights in designated inventions.’’.

 9   SEC. 2626. DATA FIRST PRODUCED DURING NON-NASA SCI-

10                      ENTIFIC USE OF THE ISS NATIONAL LABORA-

11                      TORY.

12          (a) DATA RIGHTS.—Subchapter III of chapter 201 of
13 title 51, United States Code, as amended by section 2626,
14 is further amended by adding at the end the following:
15 ‘‘§ 20151. Data rights
16          ‘‘(a) NON-NASA SCIENTIFIC USE OF THE ISS NA-
17   TIONAL LABORATORY.—The Federal Government may not

18 use or reproduce, or disclose outside of the Government, any
19 data first produced in the performance of a designated ac-
20 tivity under a written contract with the Administration or
21 the ISS management entity, unless—
22                 ‘‘(1) otherwise agreed under the terms of the con-
23          tract with the Administration or the ISS manage-
24          ment entity, as applicable;


        † HR 4521 EAS
                                579
 1            ‘‘(2) the designated activity is carried out with
 2      Federal funds;
 3            ‘‘(3) disclosure is required by law;
 4            ‘‘(4) the Federal Government has rights in the
 5      data under another Federal contract, grant, coopera-
 6      tive agreement, or other transaction; or
 7            ‘‘(5) the data is—
 8                   ‘‘(A) otherwise lawfully acquired or inde-
 9            pendently developed by the Federal Government;
10                   ‘‘(B) related to the health and safety of per-
11            sonnel on the ISS; or
12                   ‘‘(C) essential to the performance of work by
13            the ISS management entity or NASA personnel.
14      ‘‘(b) DEFINITIONS.—In this section:
15            ‘‘(1) CONTRACT.—The term ‘contract’ has the
16      meaning given the term under section 20135(a).
17            ‘‘(2) DATA.—
18                   ‘‘(A) IN GENERAL.—The term ‘data’ means
19            recorded information, regardless of form or the
20            media on which it may be recorded.
21                   ‘‘(B) INCLUSIONS.—The term ‘data’ in-
22            cludes technical data and computer software.
23                   ‘‘(C) EXCLUSIONS.—The term ‘data’ does
24            not include information incidental to contract
25            administration, such as financial, administra-


     † HR 4521 EAS
                                    580
 1             tive, cost or pricing, or management informa-
 2             tion.
 3             ‘‘(3) DESIGNATED           ACTIVITY.—The   term ‘des-
 4       ignated activity’ has the meaning given the term in
 5       section 20150.
 6             ‘‘(4) ISS MANAGEMENT ENTITY.—The term ‘ISS
 7       management entity’ has the meaning given the term
 8       in section 20150.’’.
 9       (b) SPECIAL HANDLING OF TRADE SECRETS OR CON-
10   FIDENTIAL INFORMATION.—Section 20131(b)(2) of title 51,

11 United States Code, is amended to read as follows:
12             ‘‘(2) INFORMATION DESCRIBED.—
13                     ‘‘(A) ACTIVITIES UNDER AGREEMENT.—In-
14             formation referred to in paragraph (1) is infor-
15             mation that—
16                          ‘‘(i) results from activities conducted
17                     under an agreement entered into under sub-
18                     sections (e) and (f) of section 20113; and
19                          ‘‘(ii) would be a trade secret or com-
20                     mercial or financial information that is
21                     privileged or confidential within the mean-
22                     ing of section 552(b)(4) of title 5 if the in-
23                     formation had been obtained from a non-
24                     Federal party participating in such an
25                     agreement.


      † HR 4521 EAS
                                       581
 1                         ‘‘(B) CERTAIN DATA.—Information referred
 2                 to in paragraph (1) includes data (as defined in
 3                 section 20151) that—
 4                              ‘‘(i) was first produced by the Admin-
 5                         istration in the performance of any des-
 6                         ignated activity (as defined in section
 7                         20150); and
 8                              ‘‘(ii) would be a trade secret or com-
 9                         mercial or financial information that is
10                         privileged or confidential within the mean-
11                         ing of section 552(b)(4) of title 5 if the data
12                         had been obtained from a non-Federal
13                         party.’’.
14          (c) CONFORMING AMENDMENT.—The table of sections
15 for chapter 201 of title 51, United States Code, as amended
16 by section 2626, is further amended by inserting after the
17 item relating to section 20150 the following:
     ‘‘20151. Data rights.’’.

18   SEC. 2627. PAYMENTS RECEIVED FOR COMMERCIAL SPACE-

19                       ENABLED PRODUCTION ON THE ISS.

20          (a) SENSE OF CONGRESS.—It is the sense of Congress
21 that—
22                 (1) the Administrator should determine a thresh-
23          old for NASA to recover the costs of supporting the
24          commercial development of products or services
25          aboard the ISS, through the negotiation of agree-
        † HR 4521 EAS
                                582
 1       ments, similar to agreements made by other Federal
 2       agencies that support private sector innovation; and
 3             (2) the amount of such costs that to be recovered
 4       or profits collected through such agreements should be
 5       applied by the Administrator through a tiered proc-
 6       ess, taking into consideration the relative maturity
 7       and profitability of the applicable product or service.
 8       (b) IN GENERAL.—Subchapter III of chapter 201 of
 9 title 51, United States Code, as amended by section 2627,
10 is further amended by adding at the end the following:
11 ‘‘§ 20152. Payments received for commercial space-en-
12                able production

13       ‘‘(a) ANNUAL REVIEW.—
14             ‘‘(1) IN GENERAL.—Not later than one year after
15       the date of the enactment of this section, and annu-
16       ally thereafter, the Administrator shall review the
17       profitability of any partnership with a private entity
18       under a contract in which the Administrator—
19                    ‘‘(A) permits the use of the ISS by such pri-
20             vate entities to produce a commercial product or
21             service; and
22                    ‘‘(B) provides the total unreimbursed cost of
23             a contribution by the Federal Government for the
24             use of Federal facilities, equipment, materials,
25             proprietary information of the Federal Govern-


      † HR 4521 EAS
                               583
 1            ment, or services of a Federal employee during
 2            working hours, including the cost for the Admin-
 3            istration to carry out its responsibilities under
 4            paragraphs (1) and (4) of section 504(d) of the
 5            National Aeronautics and Space Administration
 6            Authorization Act of 2010 (42 U.S.C. 18354(d)).
 7            ‘‘(2) NEGOTIATION OF REIMBURSEMENTS.—Sub-
 8      ject to the review described in paragraph (1), the Ad-
 9      ministrator shall seek to enter into an agreement to
10      negotiate reimbursements for payments received, or
11      portions of profits created, by any mature, profitable
12      private entity described in that paragraph, as appro-
13      priate, through a tiered process that reflects the prof-
14      itability of the relevant product or service.
15            ‘‘(3) USE OF FUNDS.—Amounts received by the
16      Administrator in accordance with an agreement
17      under paragraph (2) shall be used by the Adminis-
18      trator in the following order of priority:
19                   ‘‘(A) To defray the operating cost of the
20            ISS.
21                   ‘‘(B) To develop, implement, or operate fu-
22            ture low-Earth orbit platforms or capabilities.
23                   ‘‘(C) To develop, implement, or operate fu-
24            ture human deep space platforms or capabilities.




     † HR 4521 EAS
                                584
 1                    ‘‘(D) Any other costs the Administrator con-
 2             siders appropriate.
 3             ‘‘(4) REPORT.—On completion of the first an-
 4       nual review under paragraph (1), and annually
 5       thereafter, the Administrator shall submit to the ap-
 6       propriate committees of Congress a report that in-
 7       cludes a description of the results of the annual re-
 8       view, any agreement entered into under this section,
 9       and the amounts recouped or obtained under any
10       such agreement.
11       ‘‘(b) LICENSING AND ASSIGNMENT OF INVENTIONS.—
12 Notwithstanding sections 3710a and 3710c of title 15 and
13 any other provision of law, after payment in accordance
14 with subsection (A)(i) of such section 3710c(a)(1)(A)(i) to
15 the inventors who have directly assigned to the Federal Gov-
16 ernment their interests in an invention under a written
17 contract with the Administration or the ISS management
18 entity for the performance of a designated activity, the bal-
19 ance of any royalty or other payment received by the Ad-
20 ministrator or the ISS management entity from licensing
21 and assignment of such invention shall be paid by the Ad-
22 ministrator or the ISS management entity, as applicable,
23 to the Space Exploration Fund.
24       ‘‘(c) SPACE EXPLORATION FUND.—




      † HR 4521 EAS
                                585
1             ‘‘(1) ESTABLISHMENT.—There is established in
2       the Treasury of the United States a fund, to be known
3       as the ‘Space Exploration Fund’ (referred to in this
4       subsection as the ‘Fund’), to be administered by the
5       Administrator.
 6            ‘‘(2) USE OF FUND.—The Fund shall be avail-
 7      able to carry out activities described in subsection
 8      (a)(3).
 9            ‘‘(3) DEPOSITS.—There shall be deposited in the
10      Fund—
11                   ‘‘(A) amounts appropriated to the Fund;
12                   ‘‘(B) fees and royalties collected by the Ad-
13            ministrator or the ISS management entity under
14            subsections (a) and (b); and
15                   ‘‘(C) donations or contributions designated
16            to support authorized activities.
17            ‘‘(4) RULE OF CONSTRUCTION.—Amounts avail-
18      able to the Administrator under this subsection shall
19      be—
20                   ‘‘(A) in addition to amounts otherwise
21            made available for the purpose described in
22            paragraph (2); and
23                   ‘‘(B) available for a period of 5 years, to the
24            extent and in the amounts provided in annual
25            appropriation Acts.


     † HR 4521 EAS
                                        586
 1         ‘‘(d) DEFINITIONS.—
 2                ‘‘(1) IN GENERAL.—In this section, any term
 3         used in this section that is also used in section 20150
 4         shall have the meaning given the term in that section.
 5                ‘‘(2)     APPROPRIATE            COMMITTEES            OF   CON-

 6         GRESS.—The          term ‘appropriate committees of Con-
 7         gress’ means—
 8                        ‘‘(A) the Committee on Commerce, Science,
 9                and Transportation and the Committee on Ap-
10                propriations of the Senate; and
11                        ‘‘(B) the Committee on Science, Space, and
12                Technology and the Committee on Appropria-
13                tions of the House of Representatives.’’.
14         (c) CONFORMING AMENDMENT.—The table of sections
15 for chapter 201 of title 51, United States Code, as amended
16 by section and 2626, is further amended by inserting after
17 the item relating to section 20151 the following:
     ‘‘20152. Payments received for commercial space-enabled production.’’.

18   SEC. 2628. STEPPING STONE APPROACH TO EXPLORATION.

19         (a) IN GENERAL.—Section 70504 of title 51, United
20 States Code, is amended to read as follows:
21 ‘‘§ 70504. Stepping stone approach to exploration
22         ‘‘(a) IN GENERAL.—The Administrator, in sustainable
23 steps, may conduct missions to intermediate destinations,
24 such as the Moon, in accordance with section 20302(b), and
25 on a timetable determined by the availability of funding,
       † HR 4521 EAS
                             587
 1 in order to achieve the objective of human exploration of
 2 Mars specified in section 202(b)(5) of the National Aero-
 3 nautics and Space Administration Authorization Act of
 4 2010 (42 U.S.C. 18312(b)(5)), if the Administrator—
 5            ‘‘(1) determines that each such mission dem-
 6      onstrates or advances a technology or operational con-
 7      cept that will enable human missions to Mars; and
 8            ‘‘(2) incorporates each such mission into the
 9      human exploration roadmap under section 432 of the
10      National Aeronautics and Space Administration
11      Transition Authorization Act of 2017 (Public Law
12      115–10; 51 U.S.C. 20302 note).
13      ‘‘(b) CISLUNAR SPACE EXPLORATION ACTIVITIES.—In
14 conducting a mission under subsection (a), the Adminis-
15 trator shall—
16            ‘‘(1) use a combination of launches of the Space
17      Launch System and space transportation services
18      from United States commercial providers, as appro-
19      priate, for the mission;
20            ‘‘(2) plan for not fewer than 1 Space Launch
21      System launch annually beginning after the first suc-
22      cessful crewed launch of Orion on the Space Launch
23      System; and
24            ‘‘(3) establish an outpost in orbit around the
25      Moon that—


     † HR 4521 EAS
                                 588
 1                    ‘‘(A) demonstrates technologies, systems,
 2             and operational concepts directly applicable to
 3             the space vehicle that will be used to transport
 4             humans to Mars;
 5                    ‘‘(B) has the capability for periodic human
 6             habitation; and
 7                    ‘‘(C) can function as a point of departure,
 8             return, or staging for Administration or non-
 9             governmental or international partner missions
10             to multiple locations on the lunar surface or
11             other destinations.
12       ‘‘(c) COST-EFFECTIVENESS.—To maximize the cost-ef-
13 fectiveness of the long-term space exploration and utiliza-
14 tion activities of the United States, the Administrator shall
15 take all necessary steps, including engaging nongovern-
16 mental and international partners, to ensure that activities
17 in the Administration’s human space exploration program
18 are balanced in order to help meet the requirements of fu-
19 ture exploration and utilization activities leading to human
20 habitation on the surface of Mars.
21       ‘‘(d) COMPLETION.—Within budgetary considerations,
22 once an exploration-related project enters its development
23 phase, the Administrator shall seek, to the maximum extent
24 practicable, to complete that project without undue delay.




      † HR 4521 EAS
                                 589
 1       ‘‘(e) INTERNATIONAL PARTICIPATION.—To achieve the
 2 goal of successfully conducting a crewed mission to the sur-
 3 face of Mars, the Administrator shall invite the partners
 4 in the ISS program and other nations, as appropriate, to
 5 participate in an international initiative under the leader-
 6 ship of the United States.’’.
 7       (b) DEFINITION OF CISLUNAR SPACE.—Section 10101
 8 of title 51, United States Code, is amended by adding at
 9 the end the following:
10             ‘‘(3) CISLUNAR      SPACE.—The     term ‘cislunar
11       space’ means the region of space beyond low-Earth
12       orbit out to and including the region around the sur-
13       face of the Moon.’’.
14       (c) TECHNICAL AND CONFORMING AMENDMENTS.—
15 Section 3 of the National Aeronautics and Space Adminis-
16 tration Authorization Act of 2010 (42 U.S.C. 18302) is
17 amended by striking paragraphs (2) and (3) and inserting
18 the following:
19             ‘‘(2)    APPROPRIATE     COMMITTEES     OF    CON-

20       GRESS.—The        term ‘appropriate committees of Con-
21       gress’ means—
22                     ‘‘(A) the Committee on Commerce, Science,
23             and Transportation of the Senate; and
24                     ‘‘(B) the Committee on Science, Space, and
25             Technology of the House of Representatives.


      † HR 4521 EAS
                                   590
 1               ‘‘(3) CISLUNAR        SPACE.—The   term ‘cislunar
 2          space’ means the region of space beyond low-Earth
 3          orbit out to and including the region around the sur-
 4          face of the Moon.’’.
 5   SEC.    2629.    TECHNICAL       AMENDMENTS    RELATING    TO

 6                    ARTEMIS MISSIONS.

 7          (a) Section 421 of the National Aeronautics and Space
 8 Administration Authorization Act of 2017 (Public Law
 9 115–10; 51 U.S.C. 20301 note) is amended—
10               (1) in subsection (c)(3)—
11                     (A) by striking ‘‘EM–1’’ and inserting
12               ‘‘Artemis I’’;
13                     (B) by striking ‘‘EM–2’’ and inserting
14               ‘‘Artemis II’’; and
15                     (C) by striking ‘‘EM–3’’ and inserting
16               ‘‘Artemis III’’; and
17               (2) in subsection (f)(3), by striking ‘‘EM–3’’ and
18          inserting ‘‘Artemis III’’.
19          (b) Section 432(b) of the National Aeronautics and
20 Space Administration Authorization Act of 2017 (Public
21 Law 115–10; 51 U.S.C. 20302 note) is amended—
22               (1) in paragraph (3)(D)—
23                     (A) by striking ‘‘EM–1’’ and inserting
24               ‘‘Artemis I’’; and




      † HR 4521 EAS
                                591
 1                     (B) by striking ‘‘EM–2’’ and inserting
 2              ‘‘Artemis II’’; and
 3              (2) in paragraph (4)(C), by striking ‘‘EM–3’’
 4        and inserting ‘‘Artemis III’’.
 5                        PART III—SCIENCE

 6   SEC. 2631. SCIENCE PRIORITIES.

 7        (a) SENSE OF CONGRESS ON SCIENCE PORTFOLIO.—
 8 Congress reaffirms the sense of Congress that—
 9              (1) a balanced and adequately funded set of ac-
10        tivities, consisting of research and analysis grant pro-
11        grams, technology development, suborbital research
12        activities, and small, medium, and large space mis-
13        sions, contributes to a robust and productive science
14        program and serves as a catalyst for innovation and
15        discovery; and
16              (2) the Administrator should set science prior-
17        ities by following the guidance provided by the sci-
18        entific community through the decadal surveys of the
19        National Academies of Sciences, Engineering, and
20        Medicine.
21        (b) NATIONAL ACADEMIES DECADAL SURVEYS.—Sec-
22 tion 20305(c) of title 51, United States Code, is amended—
23              (1) by striking ‘‘The Administrator shall’’ and
24        inserting the following:




       † HR 4521 EAS
                               592
 1             ‘‘(1) REEXAMINATION      OF PRIORITIES BY NA-

 2       TIONAL ACADEMIES.—The Administrator shall’’; and

 3             (2) by adding at the end the following:
 4             ‘‘(2) REEXAMINATION OF PRIORITIES BY ADMIN-
 5       ISTRATOR.—If the Administrator decides to reexam-

 6       ine the applicability of the priorities of the decadal
 7       surveys to the missions and activities of the Adminis-
 8       tration due to scientific discoveries or external factors,
 9       the Administrator shall consult with the relevant com-
10       mittees of the National Academies.’’.
11   SEC. 2632. LUNAR DISCOVERY PROGRAM.

12       (a) IN GENERAL.—The Administrator may carry out
13 a program to conduct lunar science research, including mis-
14 sions to the surface of the Moon, that materially contributes
15 to the objective described in section 20102(d)(1) of title 51,
16 United States Code.
17       (b) COMMERCIAL LANDERS.—In carrying out the pro-
18 gram under subsection (a), the Administrator shall procure
19 the services of commercial landers developed primarily by
20 United States industry to land science payloads of all class-
21 es on the lunar surface.
22       (c) LUNAR SCIENCE RESEARCH.—The Administrator
23 shall ensure that lunar science research carried out under
24 subsection (a) is consistent with recommendations made by




      † HR 4521 EAS
                                593
 1 the National Academies of Sciences, Engineering, and Med-
 2 icine.
 3        (d) LUNAR POLAR VOLATILES.—In carrying out the
 4 program under subsection (a), the Administrator shall, at
 5 the earliest opportunity, consider mission proposals to
 6 evaluate the potential of lunar polar volatiles to contribute
 7 to sustainable lunar exploration.
 8   SEC. 2633. SEARCH FOR LIFE.

 9        (a) SENSE OF CONGRESS.—It is the sense of Congress
10 that—
11              (1) the report entitled ‘‘An Astrobiology Strategy
12        for the Search for Life in the Universe’’ published by
13        the National Academies of Sciences, Engineering, and
14        Medicine outlines the key scientific questions and
15        methods for fulfilling the objective of NASA to search
16        for the origin, evolution, distribution, and future of
17        life in the universe; and
18              (2) the interaction of lifeforms with their envi-
19        ronment, a central focus of astrobiology research, is a
20        topic of broad significance to life sciences research in
21        space and on Earth.
22        (b) PROGRAM CONTINUATION.—
23              (1) IN GENERAL.—The Administrator shall con-
24        tinue to implement a collaborative, multidisciplinary
25        science and technology development program to search


       † HR 4521 EAS
                               594
 1       for proof of the existence or historical existence of life
 2       beyond Earth in support of the objective described in
 3       section 20102(d)(10) of title 51, United States Code.
 4             (2) ELEMENT.—The program under paragraph
 5       (1) shall include activities relating to astronomy, bi-
 6       ology, geology, and planetary science.
 7             (3) COORDINATION WITH LIFE SCIENCES PRO-
 8       GRAM.—In      carrying out the program under para-
 9       graph (1), the Administrator shall coordinate efforts
10       with the life sciences program of the Administration.
11             (4) TECHNOSIGNATURES.—In carrying out the
12       program under paragraph (1), the Administrator
13       shall support activities to search for and analyze
14       technosignatures.
15             (5)    INSTRUMENTATION     AND     SENSOR    TECH-

16       NOLOGY.—In carrying out the program under para-

17       graph (1), the Administrator may strategically invest
18       in the development of new instrumentation and sensor
19       technology.
20   SEC. 2634. JAMES WEBB SPACE TELESCOPE.

21       (a) SENSE OF CONGRESS.—It is the sense of Congress
22 that—
23             (1) the James Webb Space Telescope will be the
24       next premier observatory in space and has great po-




      † HR 4521 EAS
                              595
 1      tential to further scientific study and assist scientists
 2      in making new discoveries in the field of astronomy;
 3            (2) the James Webb Space Telescope was devel-
 4      oped as an ambitious project with a scope that was
 5      not fully defined at inception and with risk that was
 6      not fully known or understood;
 7            (3) despite the major technology development and
 8      innovation that was needed to construct the James
 9      Webb Space Telescope, major negative impacts to the
10      cost and schedule of the James Webb Space Telescope
11      resulted from poor program management and poor
12      contractor performance;
13            (4) the Administrator should take into account
14      the lessons learned from the cost and schedule issues
15      relating to the development of the James Webb Space
16      Telescope in making decisions regarding the scope of
17      and the technologies needed for future scientific mis-
18      sions; and
19            (5) in selecting future scientific missions, the Ad-
20      ministrator should take into account the impact that
21      large programs that overrun cost and schedule esti-
22      mates may have on other NASA programs in earlier
23      phases of development.
24      (b) PROJECT CONTINUATION.—The Administrator
25 shall continue—


     † HR 4521 EAS
                               596
 1             (1) to closely track the cost and schedule per-
 2       formance of the James Webb Space Telescope project;
 3       and
 4             (2) to improve the reliability of cost estimates
 5       and contractor performance data throughout the re-
 6       maining development of the James Webb Space Tele-
 7       scope.
 8       (c) REVISED ESTIMATE.—Due to delays to the James
 9 Webb Space Telescope project resulting from the COVID–
10 19 pandemic, the Administrator shall provide to Con-
11 gress—
12             (1) an estimate of any increase to program de-
13       velopment costs, if such costs are anticipated to exceed
14       $8,802,700,000; and
15             (2) an estimate for a revised launch date.
16   SEC. 2635. NANCY GRACE ROMAN SPACE TELESCOPE.

17       (a) SENSE OF CONGRESS.—It is the sense of Congress
18 that—
19             (1) major growth in the cost of astrophysics flag-
20       ship-class missions has impacted the overall portfolio
21       balance of the Science Mission Directorate; and
22             (2) the Administrator should continue to develop
23       the Nancy Grace Roman Space Telescope with a de-
24       velopment cost of not more than $3,200,000,000.




      † HR 4521 EAS
                                  597
 1        (b) PROJECT CONTINUATION.—The Administrator
 2 shall continue to develop the Nancy Grace Roman Space
 3 Telescope to meet the objectives outlined in the 2010 decadal
 4 survey on astronomy and astrophysics of the National
 5 Academies of Sciences, Engineering, and Medicine in a
 6 manner that maximizes scientific productivity based on the
 7 resources invested.
 8   SEC. 2636. STUDY ON SATELLITE SERVICING FOR SCIENCE

 9                    MISSIONS.

10        (a) IN GENERAL.—The Administrator shall conduct a
11 study on the feasibility of using in-space robotic refueling,
12 repair, or refurbishment capabilities to extend the useful life
13 of telescopes and other science missions that are operational
14 or in development as of the date of the enactment of this
15 Act.
16        (b) ELEMENTS.—The study conducted under sub-
17 section (a) shall include the following:
18             (1) An identification of the technologies and in-
19        space testing required to demonstrate the in-space
20        robotic refueling, repair, or refurbishment capabilities
21        described in that subsection.
22             (2) The projected cost of using such capabilities,
23        including the cost of extended operations for science
24        missions described in that subsection.




      † HR 4521 EAS
                                598
 1        (c) BRIEFING.—Not later than 1 year after the date
 2 of the enactment of this division, the Administrator shall
 3 provide to the appropriate committees of Congress a brief-
 4 ing on the results of the study conducted under subsection
 5 (a).
 6        (d) PUBLIC AVAILABILITY.—Not later than 30 days
 7 after the Administrator provides the briefing under sub-
 8 section (c), the Administrator shall make the study con-
 9 ducted under subsection (a) available to the public.
10   SEC. 2637. EARTH SCIENCE MISSIONS AND PROGRAMS.

11        (a) SENSE OF CONGRESS.—It is the sense of Congress
12 that the Earth Science Division of NASA plays an impor-
13 tant role in national efforts—
14             (1) to collect and use Earth observations in serv-
15        ice to society; and
16             (2) to understand global change.
17        (b) EARTH SCIENCE MISSIONS AND PROGRAMS.—With
18 respect to the missions and programs of the Earth Science
19 Division, the Administrator shall, to the maximum extent
20 practicable, follow the recommendations and guidance pro-
21 vided by the scientific community through the decadal sur-
22 vey for Earth science and applications from space of the
23 National Academies of Sciences, Engineering, and Medi-
24 cine, including—




      † HR 4521 EAS
                                599
1               (1) the science priorities described in such sur-
2        vey;
3               (2) the execution of the series of existing or pre-
4        viously planned observations (commonly known as the
5        ‘‘program of record’’); and
6               (3) the development of a range of missions of all
7        classes, including opportunities for principal investi-
8        gator-led, competitively selected missions.
 9   SEC. 2638. LIFE SCIENCE AND PHYSICAL SCIENCE RE-

10                    SEARCH.

11       (a) SENSE OF CONGRESS.—It is the sense of Congress
12 that—
13              (1) the 2011 decadal survey on biological and
14       physical sciences in space identifies—
15                     (A) many areas in which fundamental sci-
16              entific research is needed to efficiently advance
17              the range of human activities in space, from the
18              first stages of exploration to eventual economic
19              development; and
20                     (B) many areas of basic and applied sci-
21              entific research that could use the microgravity,
22              radiation, and other aspects of the spaceflight en-
23              vironment to answer fundamental scientific ques-
24              tions;




      † HR 4521 EAS
                               600
 1            (2) given the central role of life science and phys-
 2      ical science research in developing the future of space
 3      exploration, NASA should continue to invest strategi-
 4      cally in such research to maintain United States
 5      leadership in space exploration; and
 6            (3) such research remains important to the objec-
 7      tives of NASA with respect to long-duration deep
 8      space human exploration to the Moon and Mars.
 9      (b) PROGRAM CONTINUATION.—
10            (1) IN GENERAL.—In support of the goals de-
11      scribed in section 20302 of title 51, United States
12      Code, the Administrator shall continue to implement
13      a collaborative, multidisciplinary life science and
14      physical science fundamental research program—
15                   (A) to build a scientific foundation for the
16            exploration and development of space;
17                   (B) to investigate the mechanisms of
18            changes to biological systems and physical sys-
19            tems, and the environments of those systems in
20            space, including the effects of long-duration expo-
21            sure to deep space-related environmental factors
22            on those systems;
23                   (C) to understand the effects of combined
24            deep space radiation and altered gravity levels




     † HR 4521 EAS
                               601
1             on biological systems so as to inform the develop-
2             ment and testing of potential countermeasures;
3                    (D) to understand physical phenomena in
4             reduced gravity that affect design and perform-
5             ance of enabling technologies necessary for the
6             space exploration program;
7                    (E) to provide scientific opportunities to
8             educate, train, and develop the next generation of
9             researchers and engineers; and
10                   (F) to provide state-of-the-art data reposi-
11            tories and curation of large multi-data sets to
12            enable comparative research analyses.
13            (2) ELEMENTS.—The program under paragraph
14      (1) shall—
15                   (A) include fundamental research relating
16            to life science, space bioscience, and physical
17            science; and
18                   (B) maximize intra-agency and interagency
19            partnerships to advance space exploration, sci-
20            entific knowledge, and benefits to Earth.
21            (3) USE OF FACILITIES.—In carrying out the
22      program under paragraph (1), the Administrator
23      may use ground-based, air-based, and space-based fa-
24      cilities in low-Earth orbit and beyond low-Earth
25      orbit.


     † HR 4521 EAS
                              602
 1   SEC. 2639. SCIENCE MISSIONS TO MARS.

 2       (a) IN GENERAL.—The Administrator shall conduct 1
 3 or more science missions to Mars to enable the selection of
 4 1 or more sites for human landing.
 5       (b) SAMPLE PROGRAM.—The Administrator may
 6 carry out a program—
 7             (1) to collect samples from the surface of Mars;
 8       and
 9             (2) to return such samples to Earth for scientific
10       analysis.
11       (c) USE OF EXISTING CAPABILITIES AND ASSETS.—
12 In carrying out this section, the Administrator shall, to the
13 maximum extent practicable, use existing capabilities and
14 assets of NASA centers.
15   SEC. 2640. PLANETARY DEFENSE COORDINATION OFFICE.

16       (a) FINDINGS.—Congress makes the following findings:
17             (1) Near-Earth objects remain a threat to the
18       United States.
19             (2) Section 321(d)(1) of the National Aero-
20       nautics and Space Administration Authorization Act
21       of 2005 (Public Law 109–155; 119 Stat. 2922; 51
22       U.S.C. 71101 note prec.) established a requirement
23       that the Administrator plan, develop, and implement
24       a Near-Earth Object Survey program to detect, track,
25       catalogue, and characterize the physical characteris-
26       tics of near-Earth objects equal to or greater than 140
      † HR 4521 EAS
                                603
 1       meters in diameter in order to assess the threat of
 2       such near-Earth objects to the Earth, with the goal of
 3       90-percent completion of the catalogue of such near-
 4       Earth objects by December 30, 2020.
 5             (3) The current planetary defense strategy of
 6       NASA acknowledges that such goal will not be met.
 7             (4) The report of the National Academies of
 8       Sciences, Engineering, and Medicine entitled ‘‘Find-
 9       ing Hazardous Asteroids Using Infrared and Visible
10       Wavelength Telescopes’’ issued in 2019 states that—
11                    (A) NASA cannot accomplish such goal
12             with currently available assets;
13                    (B) NASA should develop and launch a
14             dedicated space-based infrared survey telescope to
15             meet the requirements of section 321(d)(1) of the
16             National Aeronautics and Space Administration
17             Authorization Act of 2005 (Public Law 109–155;
18             119 Stat. 2922; 51 U.S.C. 71101 note prec.); and
19                    (C) the early detection of potentially haz-
20             ardous near-Earth objects enabled by a space-
21             based infrared survey telescope is important to
22             enable deflection of a dangerous asteroid.
23       (b) ESTABLISHMENT OF PLANETARY DEFENSE CO-
24   ORDINATION OFFICE.—




      † HR 4521 EAS
                               604
 1            (1) IN GENERAL.—Not later than 90 days after
 2      the date of the enactment of this division, the Admin-
 3      istrator shall establish an office within the Planetary
 4      Science Division of the Science Mission Directorate,
 5      to be known as the ‘‘Planetary Defense Coordination
 6      Office’’, to plan, develop, and implement a program
 7      to survey threats posed by near-Earth objects equal to
 8      or greater than 140 meters in diameter, as required
 9      by section 321(d)(1) of the National Aeronautics and
10      Space Administration Authorization Act of 2005
11      (Public Law 109–155; 119 Stat. 2922; 51 U.S.C.
12      71101 note prec.).
13            (2) ACTIVITIES.—The Administrator shall—
14                   (A) develop and, not later than September
15            30, 2025, launch a space-based infrared survey
16            telescope that is capable of detecting near-Earth
17            objects equal to or greater than 140 meters in di-
18            ameter, with preference given to planetary mis-
19            sions selected by the Administrator as of the date
20            of the enactment of this division to pursue con-
21            cept design studies relating to the development of
22            a space-based infrared survey telescope;
23                   (B) identify, track, and characterize poten-
24            tially hazardous near-Earth objects and issue




     † HR 4521 EAS
                               605
 1             warnings of the effects of potential impacts of
 2             such objects; and
 3                    (C) assist in coordinating Government
 4             planning for response to a potential impact of a
 5             near-Earth object.
 6       (c) ANNUAL REPORT.—Section 321(f) of the National
 7 Aeronautics and Space Administration Authorization Act
 8 of 2005 (Public Law 109–155; 119 Stat. 2922; 51 U.S.C.
 9 71101 note prec.) is amended to read as follows:
10       ‘‘(f) ANNUAL REPORT.—Not later than 180 days after
11 the date of the enactment of the National Aeronautics and
12 Space Administration Authorization Act of 2021, and an-
13 nually thereafter through 90-percent completion of the cata-
14 logue required by subsection (d)(1), the Administrator shall
15 submit to the Committee on Commerce, Science, and Trans-
16 portation of the Senate and the Committee on Science,
17 Space, and Technology of the House of Representatives a
18 report that includes the following:
19             ‘‘(1) A summary of all activities carried out by
20       the Planetary Defense Coordination Office established
21       under section 2640(b)(1) of the National Aeronautics
22       and Space Administration Authorization Act of 2021
23       since the date of enactment of that Act.
24             ‘‘(2) A description of the progress with respect to
25       the design, development, and launch of the space-


      † HR 4521 EAS
                                606
 1       based infrared survey telescope required by section
 2       2640 (b)(2)(A) of the National Aeronautics and Space
 3       Administration Authorization Act of 2021.
 4             ‘‘(3) An assessment of the progress toward meet-
 5       ing the requirements of subsection (d)(1).
 6             ‘‘(4) A description of the status of efforts to co-
 7       ordinate planetary defense activities in response to a
 8       threat posed by a near-Earth object with other Fed-
 9       eral agencies since the date of enactment of the Na-
10       tional Aeronautics and Space Administration Author-
11       ization Act of 2021.
12             ‘‘(5) A description of the status of efforts to co-
13       ordinate and cooperate with other countries to dis-
14       cover hazardous asteroids and comets, plan a mitiga-
15       tion strategy, and implement that strategy in the
16       event of the discovery of an object on a likely collision
17       course with Earth.
18             ‘‘(6) A summary of expenditures for all activities
19       carried out by the Planetary Defense Coordination
20       Office since the date of enactment of the National Aer-
21       onautics and Space Administration Authorization
22       Act of 2021.’’.
23       (d) LIMITATION ON USE OF FUNDS.—None of the
24 amounts authorized to be appropriated by this subtitle for
25 a fiscal year may be obligated or expended for the Office


      † HR 4521 EAS
                             607
 1 of the Administrator during the last 3 months of that fiscal
 2 year unless the Administrator submits the report for that
 3 fiscal year required by section 321(f) of the National Aero-
 4 nautics and Space Administration Authorization Act of
 5 2005 (Public Law 109–155; 119 Stat. 2922; 51 U.S.C.
 6 71101 note prec.).
 7       (e) NEAR-EARTH OBJECT DEFINED.—In this section,
 8 the term ‘‘near-Earth object’’ means an asteroid or comet
 9 with a perihelion distance of less than 1.3 Astronomical
10 Units from the Sun.
11   SEC. 2641. SUBORBITAL SCIENCE FLIGHTS.

12       (a) SENSE OF CONGRESS.—It is the sense of Congress
13 that commercially available suborbital flight platforms en-
14 able low-cost access to a microgravity environment to ad-
15 vance science and train scientists and engineers under the
16 Suborbital Research Program established under section
17 802(c) of the National Aeronautics and Space Administra-
18 tion Authorization Act of 2010 (42 U.S.C. 18382(c)).
19       (b) REPORT.—
20             (1) IN GENERAL.—Not later than 270 days after
21       the date of the enactment of this division, the Admin-
22       istrator shall submit to the appropriate committees of
23       Congress a report evaluating the manner in which
24       suborbital flight platforms can contribute to meeting
25       the science objectives of NASA for the Science Mission


      † HR 4521 EAS
                                608
 1       Directorate and the Human Exploration and Oper-
 2       ations Mission Directorate.
 3             (2) CONTENTS.—The report required by para-
 4       graph (1) shall include the following:
 5                    (A) An assessment of the advantages of sub-
 6             orbital flight platforms to meet science objectives.
 7                    (B) An evaluation of the challenges to great-
 8             er use of commercial suborbital flight platforms
 9             for science purposes.
10                    (C) An analysis of whether commercial sub-
11             orbital flight platforms can provide low-cost
12             flight opportunities to test lunar and Mars
13             science payloads.
14   SEC. 2642. EARTH SCIENCE DATA AND OBSERVATIONS.

15       (a) IN GENERAL.—The Administrator shall to the
16 maximum extent practicable, make available to the public
17 in an easily accessible electronic database all data (includ-
18 ing metadata, documentation, models, data processing
19 methods, images, and research results) of the missions and
20 programs of the Earth Science Division of the Administra-
21 tion, or any successor division.
22       (b) OPEN DATA PROGRAM.—In carrying out sub-
23 section (a), the Administrator shall establish and continue
24 to operate an open data program that—




      † HR 4521 EAS
                                609
 1              (1) is consistent with the greatest degree of inter-
 2         activity, interoperability, and accessibility; and
 3              (2) enables outside communities, including the
 4         research and applications community, private indus-
 5         try, academia, and the general public, to effectively
 6         collaborate in areas important to—
 7                    (A) studying the Earth system and improv-
 8              ing the prediction of Earth system change; and
 9                    (B) improving model development, data as-
10              similation techniques, systems architecture inte-
11              gration, and computational efficiencies; and
12              (3) meets basic end-user requirements for run-
13         ning on public computers and networks located out-
14         side of secure Administration information and tech-
15         nology systems.
16         (c) HOSTING.—The program under subsection (b) shall
17 use, as appropriate and cost-effective, innovative strategies
18 and methods for hosting and management of part or all
19 of the program, including cloud-based computing capabili-
20 ties.
21         (d) RULE OF CONSTRUCTION.—Nothing in this section
22 shall be interpreted to require the Administrator to release
23 classified, proprietary, or otherwise restricted information
24 that would be harmful to the national security of the United
25 States.


      † HR 4521 EAS
                                  610
 1   SEC. 2643. SENSE OF CONGRESS ON SMALL SATELLITE

 2                    SCIENCE.

 3       It is the sense of Congress that—
 4             (1) small satellites—
 5                     (A) are increasingly robust, effective, and
 6             affordable platforms for carrying out space
 7             science missions;
 8                     (B) can work in tandem with or augment
 9             larger NASA spacecraft to support high-priority
10             science missions of NASA; and
11                     (C) are cost effective solutions that may
12             allow NASA to continue collecting legacy obser-
13             vations while developing next-generation science
14             missions; and
15             (2) NASA should continue to support small sat-
16       ellite research, development, technologies, and pro-
17       grams, including technologies for compact and light-
18       weight instrumentation for small satellites.
19   SEC. 2644. SENSE OF CONGRESS ON COMMERCIAL SPACE

20                    SERVICES.

21       It is the sense of Congress that—
22             (1) the Administration should explore partner-
23       ships with the commercial space industry for space
24       science missions in and beyond Earth orbit, including
25       partnerships relating to payload and instrument
26       hosting and commercially available datasets; and
      † HR 4521 EAS
                                 611
 1              (2) such partnerships could result in increased
 2        mission cadence, technology advancement, and cost
 3        savings for the Administration.
 4   SEC. 2645. PROCEDURES FOR IDENTIFYING AND ADDRESS-

 5                     ING ALLEGED VIOLATIONS OF SCIENTIFIC IN-

 6                     TEGRITY POLICY.

 7        Not later than 180 days after the date of the enactment
 8 of this division, the Administrator shall develop and docu-
 9 ment procedures for identifying and addressing alleged vio-
10 lations of the scientific integrity policy of NASA.
11                      PART IV—AERONAUTICS

12   SEC. 2646. SHORT TITLE.

13        This part may be cited as the ‘‘Aeronautics Innovation
14 Act’’.
15   SEC. 2647. DEFINITIONS.

16        In this part:
17              (1) AERONAUTICS STRATEGIC IMPLEMENTATION
18        PLAN.—The term ‘‘Aeronautics Strategic Implementa-

19        tion Plan’’ means the Aeronautics Strategic Imple-
20        mentation Plan issued by the Aeronautics Research
21        Mission Directorate.
22              (2) UNMANNED AIRCRAFT; UNMANNED AIRCRAFT
23        SYSTEM.—The terms ‘‘unmanned aircraft’’ and ‘‘un-

24        manned aircraft system’’ have the meanings given




       † HR 4521 EAS
                                612
1        those terms in section 44801 of title 49, United States
2        Code.
3              (3) X-PLANE.—The term ‘‘X-plane’’ means an
4        experimental aircraft that is—
5                     (A) used to test and evaluate a new tech-
6              nology or aerodynamic concept; and
7                     (B) operated by NASA or the Department
8              of Defense.
9    SEC. 2648. EXPERIMENTAL AIRCRAFT PROJECTS.

10       (a) SENSE OF CONGRESS.—It is the sense of Congress
11 that—
12             (1) developing high-risk, precompetitive aero-
13       space technologies for which there is not yet a profit
14       rationale is a fundamental role of NASA;
15             (2) large-scale piloted flight test experimentation
16       and validation are necessary for—
17                    (A) transitioning new technologies and ma-
18             terials, including associated manufacturing proc-
19             esses, for general aviation, commercial aviation,
20             and military aeronautics use; and
21                    (B) capturing the full extent of benefits
22             from investments made by the Aeronautics Re-
23             search Mission Directorate in priority programs
24             called for in—




      † HR 4521 EAS
                                613
 1                        (i) the National Aeronautics Research
 2                   and Development Plan issued by the Na-
 3                   tional Science and Technology Council in
 4                   February 2010;
 5                        (ii) the NASA 2014 Strategic Plan;
 6                        (iii) the Aeronautics Strategic Imple-
 7                   mentation Plan; and
 8                        (iv) any updates to the programs
 9                   called for in the plans described in clauses
10                   (i) through (iii);
11            (3) a level of funding that adequately supports
12      large-scale piloted flight test experimentation and val-
13      idation, including related infrastructure, should be
14      ensured over a sustained period of time to restore the
15      capacity of NASA—
16                   (A) to see legacy priority programs through
17            to completion; and
18                   (B) to achieve national economic and secu-
19            rity objectives; and
20            (4) NASA should not be directly involved in the
21      Type Certification of aircraft for current and future
22      scheduled commercial air service under part 121 or
23      135 of title 14, Code of Federal Regulations, that
24      would result in reductions in crew augmentation or
25      single pilot or autonomously operated aircraft.


     † HR 4521 EAS
                               614
 1      (b) STATEMENT OF POLICY.—It is the policy of the
 2 United States—
 3            (1) to maintain world leadership in—
 4                   (A) military and civilian aeronautical
 5            science and technology;
 6                   (B) global air power projection; and
 7                   (C) aerospace industrialization; and
 8            (2) to maintain as a fundamental objective of
 9      NASA aeronautics research the steady progression
10      and expansion of flight research and capabilities, in-
11      cluding the science and technology of critical under-
12      lying disciplines and competencies, such as—
13                   (A) computational-based analytical and
14            predictive tools and methodologies;
15                   (B) aerothermodynamics;
16                   (C) propulsion;
17                   (D) advanced materials and manufacturing
18            processes;
19                   (E) high-temperature structures and mate-
20            rials; and
21                   (F) guidance, navigation, and flight con-
22            trols.
23      (c) ESTABLISHMENT AND CONTINUATION OF X-PLANE
24 PROJECTS.—




     † HR 4521 EAS
                               615
 1            (1) IN GENERAL.—The Administrator shall es-
 2      tablish or continue to implement, in a manner that
 3      is consistent with the roadmap for supersonic aero-
 4      nautics research and development required by section
 5      604(b) of the National Aeronautics and Space Admin-
 6      istration Transition Authorization Act of 2017 (Pub-
 7      lic Law 115–10; 131 Stat. 55), the following projects:
 8                   (A) A low-boom supersonic aircraft project
 9            to demonstrate supersonic aircraft designs and
10            technologies that—
11                       (i) reduce sonic boom noise; and
12                       (ii) assist the Administrator of the
13                   Federal Aviation Administration in ena-
14                   bling—
15                            (I) the safe commercial deploy-
16                       ment of civil supersonic aircraft tech-
17                       nology; and
18                            (II) the safe and efficient oper-
19                       ation of civil supersonic aircraft.
20                   (B) A subsonic flight demonstrator aircraft
21            project to advance high-aspect-ratio, thin-wing
22            aircraft designs and to integrate propulsion,
23            composites, and other technologies that enable
24            significant increases in energy efficiency and re-




     † HR 4521 EAS
                                  616
 1            duced life-cycle emissions in the aviation system
 2            while reducing noise and emissions.
 3                   (C) A series of large-scale X-plane dem-
 4            onstrators that are—
 5                        (i) developed sequentially or in par-
 6                   allel; and
 7                        (ii) each based on a set of new configu-
 8                   ration concepts or technologies determined
 9                   by the Administrator to demonstrate—
10                                (I) aircraft and propulsion con-
11                        cepts and technologies and related ad-
12                        vances in alternative propulsion and
13                        energy; and
14                                (II) flight propulsion concepts
15                        and technologies.
16            (2) ELEMENTS.—For each project under para-
17      graph (1), the Administrator shall—
18                   (A) include the development of X-planes and
19            all necessary supporting flight test assets;
20                   (B) pursue a robust technology maturation
21            and flight test validation effort;
22                   (C) improve necessary facilities, flight test-
23            ing capabilities, and computational tools to sup-
24            port the project;




     † HR 4521 EAS
                                617
 1                   (D) award any primary contracts for de-
 2            sign, procurement, and manufacturing to United
 3            States persons, consistent with international ob-
 4            ligations and commitments;
 5                   (E) coordinate research and flight test dem-
 6            onstration activities with other Federal agencies
 7            and the United States aviation community, as
 8            the Administrator considers appropriate; and
 9                   (F) ensure that the project is aligned with
10            the Aeronautics Strategic Implementation Plan
11            and any updates to the Aeronautics Strategic
12            Implementation Plan.
13            (3) UNITED STATES PERSON DEFINED.—In this
14      subsection, the term ‘‘United States person’’ means—
15                   (A) a United States citizen or an alien law-
16            fully admitted for permanent residence to the
17            United States; or
18                   (B) an entity organized under the laws of
19            the United States or of any jurisdiction within
20            the United States, including a foreign branch of
21            such an entity.
22      (d) ADVANCED MATERIALS            AND   MANUFACTURING
23 TECHNOLOGY PROGRAM.—




     † HR 4521 EAS
                                618
 1            (1) IN GENERAL.—The Administrator may estab-
 2      lish an advanced materials and manufacturing tech-
 3      nology program—
 4                   (A) to develop—
 5                        (i) new materials, including composite
 6                   and high-temperature materials, from base
 7                   material   formulation    through    full-scale
 8                   structural validation and manufacture;
 9                        (ii) advanced materials and manufac-
10                   turing processes, including additive manu-
11                   facturing, to reduce the cost of manufac-
12                   turing scale-up and certification for use in
13                   general aviation, commercial aviation, and
14                   military aeronautics; and
15                        (iii) noninvasive or nondestructive
16                   techniques for testing or evaluating aviation
17                   and aeronautics structures, including for
18                   materials and manufacturing processes;
19                   (B) to reduce the time it takes to design, in-
20            dustrialize, and certify advanced materials and
21            manufacturing processes;
22                   (C) to provide education and training op-
23            portunities for the aerospace workforce; and
24                   (D) to address global cost and human cap-
25            ital competitiveness for United States aero-


     † HR 4521 EAS
                               619
1             nautical industries and technological leadership
2             in advanced materials and manufacturing tech-
3             nology.
 4            (2) ELEMENTS.—In carrying out a program
 5      under paragraph (1), the Administrator shall—
 6                   (A) build on work that was carried out by
 7            the Advanced Composites Project of NASA;
 8                   (B) partner with the private and academic
 9            sectors, such as members of the Advanced Com-
10            posites Consortium of NASA, the Joint Advanced
11            Materials and Structures Center of Excellence of
12            the Federal Aviation Administration, the Manu-
13            facturing USA institutes of the Department of
14            Commerce, and national laboratories, as the Ad-
15            ministrator considers appropriate;
16                   (C) provide a structure for managing intel-
17            lectual property generated by the program based
18            on or consistent with the structure established for
19            the Advanced Composites Consortium of NASA;
20                   (D) ensure adequate Federal cost share for
21            applicable research; and
22                   (E) coordinate with advanced manufac-
23            turing and composites initiatives in other mis-
24            sion directorates of NASA, as the Administrator
25            considers appropriate.


     † HR 4521 EAS
                              620
1        (e) RESEARCH PARTNERSHIPS.—In carrying out the
2 projects under subsection (c) and a program under sub-
3 section (d), the Administrator may engage in cooperative
4 research programs with—
5              (1) academia; and
6              (2) commercial aviation and aerospace manufac-
7        turers.
 8   SEC. 2649. UNMANNED AIRCRAFT SYSTEMS.

 9       (a) UNMANNED AIRCRAFT SYSTEMS OPERATION PRO-
10   GRAM.—The Administrator shall—

11             (1) research and test capabilities and concepts,
12       including unmanned aircraft systems communica-
13       tions, for integrating unmanned aircraft systems into
14       the national airspace system;
15             (2) leverage the partnership NASA has with in-
16       dustry focused on the advancement of technologies for
17       future air traffic management systems for unmanned
18       aircraft systems; and
19             (3) continue to align the research and testing
20       portfolio of NASA to inform the integration of un-
21       manned aircraft systems into the national airspace
22       system, consistent with public safety and national se-
23       curity objectives.




      † HR 4521 EAS
                                 621
 1       (b) SENSE OF CONGRESS ON COORDINATION WITH
 2 FEDERAL AVIATION ADMINISTRATION.—It is the sense of
 3 Congress that—
 4             (1) NASA should continue—
 5                     (A) to coordinate with the Federal Aviation
 6             Administration on research on air traffic man-
 7             agement systems for unmanned aircraft systems;
 8             and
 9                     (B) to assist the Federal Aviation Adminis-
10             tration in the integration of air traffic manage-
11             ment systems for unmanned aircraft systems
12             into the national airspace system; and
13             (2) the test ranges (as defined in section 44801
14       of title 49, United States Code) should continue to be
15       leveraged for research on—
16                     (A) air traffic management systems for un-
17             manned aircraft systems; and
18                     (B) the integration of such systems into the
19             national airspace system.
20   SEC. 2650. 21ST CENTURY AERONAUTICS CAPABILITIES INI-

21                    TIATIVE.

22       (a) IN GENERAL.—The Administrator may establish
23 an initiative, to be known as the ‘‘21st Century Aeronautics
24 Capabilities Initiative’’, within the Construction and Envi-
25 ronmental Compliance and Restoration Account, to ensure


      † HR 4521 EAS
                                 622
1 that NASA possesses the infrastructure and capabilities nec-
2 essary to conduct proposed flight demonstration projects
3 across the range of NASA aeronautics interests.
 4       (b) ACTIVITIES.—In carrying out the 21st Century
 5 Aeronautics Capabilities Initiative, the Administrator may
 6 carry out the following activities:
 7             (1) Any investments the Administrator considers
 8       necessary to upgrade and create facilities for civil
 9       and national security aeronautics research to support
10       advancements in—
11                    (A) long-term foundational science and
12             technology;
13                    (B) advanced aircraft systems;
14                    (C) air traffic management systems;
15                    (D) fuel efficiency;
16                    (E) electric propulsion technologies;
17                    (F) system-wide safety assurance;
18                    (G) autonomous aviation; and
19                    (H) supersonic and hypersonic aircraft de-
20             sign and development.
21             (2) Any measures the Administrator considers
22       necessary to support flight testing activities, includ-
23       ing—
24                    (A) continuous refinement and development
25             of free-flight test techniques and methodologies;


      † HR 4521 EAS
                                 623
1                      (B) upgrades and improvements to real-
2              time tracking and data acquisition; and
3                      (C) such other measures relating to aero-
4              nautics research support and modernization as
5              the Administrator considers appropriate to carry
6              out the scientific study of the problems of flight,
7              with a view to practical solutions for such prob-
8              lems.
 9   SEC. 2651. SENSE OF CONGRESS ON ON-DEMAND AIR

10                    TRANSPORTATION.

11       It is the sense of Congress that—
12             (1) greater use of high-speed air transportation,
13       small airports, helipads, vertical flight infrastructure,
14       and other aviation-related infrastructure can alleviate
15       surface transportation congestion and support eco-
16       nomic growth within cities;
17             (2) with respect to urban air mobility and re-
18       lated concepts, NASA should continue—
19                     (A) to conduct research focused on concepts,
20             technologies, and design tools; and
21                     (B) to support the evaluation of advanced
22             technologies and operational concepts that can be
23             leveraged by—
24                         (i) industry to develop future vehicles
25                     and systems; and


      † HR 4521 EAS
                                  624
1                           (ii) the Federal Aviation Administra-
2                      tion to support vehicle safety and oper-
3                      ational certification; and
4              (3) NASA should leverage ongoing efforts to de-
5        velop advanced technologies to actively support the re-
6        search needed for on-demand air transportation.
 7   SEC. 2652. SENSE OF CONGRESS ON HYPERSONIC TECH-

 8                    NOLOGY RESEARCH.

 9       It is the sense of Congress that—
10             (1) hypersonic technology is critical to the devel-
11       opment of advanced high-speed aerospace vehicles for
12       both civilian and national security purposes;
13             (2) for hypersonic vehicles to be realized, research
14       is needed to overcome technical challenges, including
15       in propulsion, advanced materials, and flight per-
16       formance in a severe environment;
17             (3) NASA plays a critical role in supporting
18       fundamental hypersonic research focused on system
19       design, analysis and validation, and propulsion tech-
20       nologies;
21             (4) NASA research efforts in hypersonic tech-
22       nology should complement research supported by the
23       Department of Defense to the maximum extent prac-
24       ticable, since contributions from both agencies work-




      † HR 4521 EAS
                               625
 1      ing in partnership with universities and industry are
 2      necessary to overcome key technical challenges;
 3            (5) previous coordinated research programs be-
 4      tween NASA and the Department of Defense enabled
 5      important progress on hypersonic technology;
 6            (6) the commercial sector could provide flight
 7      platforms and other capabilities that are able to host
 8      and support NASA hypersonic technology research
 9      projects; and
10            (7) in carrying out hypersonic technology re-
11      search projects, the Administrator should—
12                   (A) focus research and development efforts
13            on high-speed propulsion systems, reusable vehi-
14            cle technologies, high-temperature materials, and
15            systems analysis;
16                   (B) coordinate with the Department of De-
17            fense to prevent duplication of efforts and of in-
18            vestments;
19                   (C) include partnerships with universities
20            and industry to accomplish research goals; and
21                   (D) maximize public-private use of commer-
22            cially available platforms for hosting research
23            and development flight projects.




     † HR 4521 EAS
                              626
 1               PART V—SPACE TECHNOLOGY

 2   SEC. 2653. SPACE TECHNOLOGY MISSION DIRECTORATE.

 3       (a) SENSE OF CONGRESS.—It is the sense of Congress
 4 that an independent Space Technology Mission Directorate
 5 is critical to ensuring continued investments in the develop-
 6 ment of technologies for missions across the portfolio of
 7 NASA, including science, aeronautics, and human explo-
 8 ration.
 9       (b) SPACE TECHNOLOGY MISSION DIRECTORATE.—
10 The Administrator shall maintain a Space Technology Mis-
11 sion Directorate consistent with section 702 of the National
12 Aeronautics and Space Administration Transition Author-
13 ization Act of 2017 (51 U.S.C. 20301 note).
14   SEC. 2654. FLIGHT OPPORTUNITIES PROGRAM.

15       (a) SENSE OF CONGRESS.—It is the sense of Congress
16 that the Administrator should provide flight opportunities
17 for payloads to microgravity environments and suborbital
18 altitudes as required by section 907(c) of the National Aero-
19 nautics and Space Administration Authorization Act of
20 2010 (42 U.S.C. 18405(c)), as amended by subsection (b).
21       (b) ESTABLISHMENT.—Section 907(c) of the National
22 Aeronautics and Space Administration Authorization Act
23 of 2010 (42 U.S.C. 18405(c)) is amended to read as follows:
24       ‘‘(c) ESTABLISHMENT.—
25             ‘‘(1) IN GENERAL.—The Administrator shall es-
26       tablish a Commercial Reusable Suborbital Research
      † HR 4521 EAS
                                627
 1      Program within the Space Technology Mission Direc-
 2      torate to fund—
 3                    ‘‘(A) the development of payloads for sci-
 4            entific research, technology development, and
 5            education;
 6                    ‘‘(B) flight opportunities for those payloads
 7            to microgravity environments and suborbital al-
 8            titudes; and
 9                    ‘‘(C) transition of those payloads to orbital
10            opportunities.
11            ‘‘(2)      COMMERCIAL        REUSABLE       VEHICLE

12      FLIGHTS.—In carrying out the Commercial Reusable

13      Suborbital Research Program, the Administrator may
14      fund engineering and integration demonstrations,
15      proofs of concept, and educational experiments for
16      flights of commercial reusable vehicles.
17            ‘‘(3) COMMERCIAL SUBORBITAL LAUNCH VEHI-
18      CLES.—In        carrying out the Commercial Reusable
19      Suborbital Research Program, the Administrator may
20      not fund the development of new commercial sub-
21      orbital launch vehicles.
22            ‘‘(4) WORKING WITH MISSION DIRECTORATES.—
23      In carrying out the Commercial Reusable Suborbital
24      Research Program, the Administrator shall work with




     † HR 4521 EAS
                                 628
 1       the mission directorates of NASA to achieve the re-
 2       search, technology, and education goals of NASA.’’.
 3       (c) CONFORMING AMENDMENT.—Section 907(b) of the
 4 National Aeronautics and Space Administration Author-
 5 ization Act of 2010 (42 U.S.C. 18405(b)) is amended, in
 6 the first sentence, by striking ‘‘Commercial Reusable Sub-
 7 orbital Research Program in’’ and inserting ‘‘Commercial
 8 Reusable Suborbital Research Program established under
 9 subsection (c)(1) within’’.
10   SEC. 2655. SMALL SPACECRAFT TECHNOLOGY PROGRAM.

11       (a) SENSE OF CONGRESS.—It is the sense of Congress
12 that the Small Spacecraft Technology Program is impor-
13 tant for conducting science and technology validation for—
14             (1) short- and long-duration missions in low-
15       Earth orbit;
16             (2) deep space missions; and
17             (3) deorbiting capabilities designed specifically
18       for smaller spacecraft.
19       (b) ACCOMMODATION OF CERTAIN PAYLOADS.—In car-
20 rying out the Small Spacecraft Technology Program, the
21 Administrator shall, as the mission risk posture and tech-
22 nology development objectives allow, accommodate science
23 payloads that further the goal of long-term human explo-
24 ration to the Moon and Mars.




      † HR 4521 EAS
                                629
 1   SEC. 2656. NUCLEAR PROPULSION TECHNOLOGY.

 2       (a) SENSE OF CONGRESS.—It is the sense of Congress
 3 that nuclear propulsion is critical to the development of ad-
 4 vanced spacecraft for civilian and national defense pur-
 5 poses.
 6       (b) DEVELOPMENT; STUDIES.—The Administrator
 7 shall, in coordination with the Secretary of Energy and the
 8 Secretary of Defense—
 9             (1) continue to develop the fuel element design
10       for NASA nuclear propulsion technology;
11             (2) undertake the systems feasibility studies for
12       such technology; and
13             (3) partner with members of commercial indus-
14       try to conduct studies on such technology.
15       (c) NUCLEAR PROPULSION TECHNOLOGY DEMONSTRA-
16   TION.—

17             (1) DETERMINATION; REPORT.—Not later than
18       December 31, 2022, the Administrator shall—
19                    (A) determine the correct approach for con-
20             ducting a flight demonstration of nuclear pro-
21             pulsion technology; and
22                    (B) submit to Congress a report on a plan
23             for such a demonstration.
24             (2) DEMONSTRATION.—Not later than December
25       31, 2026, the Administrator shall conduct the flight
26       demonstration described in paragraph (1).
      † HR 4521 EAS
                               630
 1   SEC. 2657. MARS-FORWARD TECHNOLOGIES.

 2       (a) SENSE OF CONGRESS.—It is the sense of Congress
 3 that the Administrator should pursue multiple technical
 4 paths for entry, descent, and landing for Mars, including
 5 competitively selected technology demonstration missions.
 6       (b) PRIORITIZATION OF LONG-LEAD TECHNOLOGIES
 7   AND SYSTEMS.—The Administrator shall prioritize, within

 8 the Space Technology Mission Directorate, research, testing,
 9 and development of long-lead technologies and systems for
10 Mars, including technologies and systems relating to—
11             (1) entry, descent, and landing; and
12             (2) in-space propulsion, including nuclear pro-
13       pulsion, cryogenic fluid management, in-situ large-
14       scale additive manufacturing, and electric propulsion
15       (including solar electric propulsion leveraging lessons
16       learned from the power and propulsion element of the
17       lunar outpost) options.
18       (c) TECHNOLOGY DEMONSTRATION.—The Adminis-
19 trator may use low-Earth orbit and cis-lunar missions, in-
20 cluding missions to the lunar surface, to demonstrate tech-
21 nologies for Mars.
22   SEC. 2658. PRIORITIZATION OF LOW-ENRICHED URANIUM

23                    TECHNOLOGY.

24       (a) SENSE OF CONGRESS.—It is the sense of Congress
25 that—


      † HR 4521 EAS
                                631
1             (1) space technology, including nuclear propul-
2       sion technology and space surface power reactors,
3       should be developed in a manner consistent with
4       broader United States foreign policy, national de-
5       fense, and space exploration and commercialization
6       priorities;
7             (2) highly enriched uranium presents security
8       and nuclear nonproliferation concerns;
9             (3) since 1977, based on the concerns associated
10      with highly enriched uranium, the United States has
11      promoted the use of low-enriched uranium over highly
12      enriched uranium in nonmilitary contexts, including
13      research and commercial applications;
14            (4) as part of United States efforts to limit
15      international use of highly enriched uranium, the
16      United States has actively pursued—
17                    (A) since 1978, the conversion of domestic
18            and foreign research reactors that use highly en-
19            riched uranium fuel to low-enriched uranium
20            fuel and the avoidance of any new research reac-
21            tors that use highly enriched uranium fuel; and
22                    (B) since 1994, the elimination of inter-
23            national commerce in highly enriched uranium
24            for civilian purposes; and




     † HR 4521 EAS
                             632
 1             (5) the use of low-enriched uranium in place of
 2       highly enriched uranium has security, nonprolifera-
 3       tion, and economic benefits, including for the na-
 4       tional space program.
 5       (b) PRIORITIZATION       OF   LOW-ENRICHED URANIUM
 6 TECHNOLOGY.—The Administrator shall—
 7             (1) establish, within the Space Technology Mis-
 8       sion Directorate, a program for the research, testing,
 9       and development of in-space reactor designs, includ-
10       ing a surface power reactor, that uses low-enriched
11       uranium fuel; and
12             (2) prioritize the research, demonstration, and
13       deployment of such designs over designs using highly
14       enriched uranium fuel.
15       (c)     REPORT      ON        NUCLEAR   TECHNOLOGY
16 PRIORITIZATION.—Not later than 120 days after the date
17 of the enactment of this division, the Administrator shall
18 submit to the appropriate committees of Congress a report
19 that—
20             (1) details the actions taken to implement sub-
21       section (b); and
22             (2) identifies a plan and timeline under which
23       such subsection will be implemented.
24       (d) DEFINITIONS.—In this section:




      † HR 4521 EAS
                                 633
1              (1) HIGHLY       ENRICHED    URANIUM.—The     term
2        ‘‘highly enriched uranium’’ means uranium having
3        an assay of 20 percent or greater of the uranium-235
4        isotope.
 5             (2) LOW-ENRICHED URANIUM.—The term ‘‘low-
 6       enriched uranium’’ means uranium having an assay
 7       greater than the assay for natural uranium but less
 8       than 20 percent of the uranium-235 isotope.
 9   SEC. 2659. SENSE OF CONGRESS ON NEXT-GENERATION

10                    COMMUNICATIONS TECHNOLOGY.

11       It is the sense of Congress that—
12             (1) optical communications technologies—
13                     (A) will be critical to the development of
14             next-generation space-based communications net-
15             works;
16                     (B) have the potential to allow NASA to ex-
17             pand the volume of data transmissions in low-
18             Earth orbit and deep space; and
19                     (C) may provide more secure and cost-effec-
20             tive solutions than current radio frequency com-
21             munications systems;
22             (2) quantum encryption technology has prom-
23       ising implications for the security of the satellite and
24       terrestrial communications networks of the United
25       States, including optical communications networks,


      † HR 4521 EAS
                                634
 1       and further research and development by NASA with
 2       respect to quantum encryption is essential to main-
 3       taining the security of the United States and United
 4       States leadership in space; and
 5             (3) in order to provide NASA with more secure
 6       and reliable space-based communications, the Space
 7       Communications and Navigation program office of
 8       NASA should continue—
 9                    (A) to support research on and development
10             of optical communications; and
11                    (B) to develop quantum encryption capa-
12             bilities, especially as those capabilities apply to
13             optical communications networks.
14   SEC. 2660. LUNAR SURFACE TECHNOLOGIES.

15       (a) SENSE OF CONGRESS.—It is the sense of Congress
16 that the Administrator should—
17             (1) identify and develop the technologies needed
18       to live on and explore the lunar surface and prepare
19       for future operations on Mars;
20             (2) convene teams of experts from academia, in-
21       dustry, and government to shape the technology devel-
22       opment priorities of the Administration for lunar
23       surface exploration and habitation; and
24             (3) establish partnerships with researchers, uni-
25       versities, and the private sector to rapidly develop


      † HR 4521 EAS
                                 635
 1       and deploy technologies required for successful lunar
 2       surface exploration.
 3       (b) DEVELOPMENT AND DEMONSTRATION.—The Ad-
 4 ministrator shall carry out a program, within the Space
 5 Technology Mission Directorate, to conduct technology de-
 6 velopment and demonstrations to enable human and robotic
 7 exploration on the lunar surface.
 8       (c) RESEARCH CONSORTIUM.—The Administrator
 9 shall establish a consortium consisting of experts from aca-
10 demia, industry, and government—
11             (1) to assist the Administrator in developing a
12       cohesive, executable strategy for the development and
13       deployment of technologies required for successful
14       lunar surface exploration; and
15             (2) to identify specific technologies relating to
16       lunar surface exploration that—
17                    (A) should be developed to facilitate such ex-
18             ploration; or
19                    (B) require future research and develop-
20             ment.
21       (d) RESEARCH AWARDS.—
22             (1) IN GENERAL.—The Administrator may task
23       any member of the research consortium established
24       under subsection (c) with conducting research and de-




      † HR 4521 EAS
                               636
 1       velopment with respect to a technology identified
 2       under paragraph (2) of that subsection.
3              (2) STANDARD PROCESS FOR ARRANGEMENTS.—
 4                    (A) IN GENERAL.—The Administrator shall
 5             develop a standard process by which a consor-
 6             tium member tasked with research and develop-
 7             ment under paragraph (1) may enter into a for-
 8             mal arrangement with the Administrator to
 9             carry out such research and development, such as
10             an arrangement under section 2666 or 2667.
11                    (B) REPORT.—Not later than 120 days
12             after the date of the enactment of this division,
13             the Administrator shall submit to the appro-
14             priate committees of Congress a report on the
15             one or more types of arrangement the Adminis-
16             trator intends to enter into under this subsection.
17               PART VI—STEM ENGAGEMENT

18   SEC. 2661. SENSE OF CONGRESS.

19       It is the sense of Congress that—
20             (1) NASA serves as a source of inspiration to the
21       people of the United States; and
22             (2) NASA is uniquely positioned to help increase
23       student interest in science, technology, engineering,
24       and math;




      † HR 4521 EAS
                                637
 1             (3) engaging students, and providing hands-on
 2       experience at an early age, in science, technology, en-
 3       gineering, and math are important aspects of ensur-
 4       ing and promoting United States leadership in inno-
 5       vation; and
 6             (4) NASA should strive to leverage its unique po-
 7       sition—
 8                    (A) to increase kindergarten through grade
 9             12 involvement in NASA projects;
10                    (B) to enhance higher education in STEM
11             fields in the United States;
12                    (C) to support individuals who are under-
13             represented in science, technology, engineering,
14             and math fields, such as women, minorities, and
15             individuals in rural areas; and
16                    (D) to provide flight opportunities for stu-
17             dent experiments and investigations.
18   SEC. 2662. STEM EDUCATION ENGAGEMENT ACTIVITIES.

19       (a) IN GENERAL.—The Administrator shall continue
20 to provide opportunities for formal and informal STEM
21 education engagement activities within the Office of NASA
22 STEM Engagement and other NASA directorates, includ-
23 ing—
24             (1) the Established Program to Stimulate Com-
25       petitive Research;


      † HR 4521 EAS
                               638
 1             (2) the Minority University Research and Edu-
 2       cation Project; and
 3             (3) the National Space Grant College and Fel-
 4       lowship Program.
 5       (b) LEVERAGING NASA NATIONAL PROGRAMS TO PRO-
 6   MOTE STEM EDUCATION.—The Administrator, in partner-

 7 ship with museums, nonprofit organizations, and commer-
 8 cial entities, shall, to the maximum extent practicable, le-
 9 verage human spaceflight missions, Deep Space Explo-
10 ration Systems (including the Space Launch System,
11 Orion, and Exploration Ground Systems), and NASA
12 science programs to engage students at the kindergarten
13 through grade 12 and higher education levels to pursue
14 learning and career opportunities in STEM fields.
15       (c) BRIEFING.—Not later than 1 year after the date
16 of the enactment of this division, the Administrator shall
17 brief the appropriate committees of Congress on—
18             (1) the status of the programs described in sub-
19       section (a); and
20             (2) the manner by which each NASA STEM edu-
21       cation engagement activity is organized and funded.
22       (d) STEM EDUCATION DEFINED.—In this section, the
23 term ‘‘STEM education’’ has the meaning given the term
24 in section 2 of the STEM Education Act of 2015 (Public
25 Law 114–59; 42 U.S.C. 6621 note).


      † HR 4521 EAS
                                 639
 1   SEC. 2663. SKILLED TECHNICAL EDUCATION OUTREACH

 2                    PROGRAM.

 3       (a) ESTABLISHMENT.—The Administrator shall estab-
 4 lish a program to conduct outreach to secondary school stu-
 5 dents—
 6             (1) to expose students to careers that require ca-
 7       reer and technical education; and
 8             (2) to encourage students to pursue careers that
 9       require career and technical education.
10       (b) OUTREACH PLAN.—Not later than 180 days after
11 the date of the enactment of this division, the Administrator
12 shall submit to the appropriate committees of Congress a
13 report on the outreach program under subsection (a) that
14 includes—
15             (1) an implementation plan;
16             (2) a description of the resources needed to carry
17       out the program; and
18             (3) any recommendations on expanding outreach
19       to secondary school students interested in skilled tech-
20       nical occupations.
21       (c) SYSTEMS OBSERVATION.—
22             (1) IN GENERAL.—The Administrator shall de-
23       velop a program and associated policies to allow stu-
24       dents from accredited educational institutions to view
25       the manufacturing, assembly, and testing of NASA-


      † HR 4521 EAS
                                 640
 1       funded space and aeronautical systems, as the Ad-
 2       ministrator considers appropriate.
 3             (2) CONSIDERATIONS.—In developing the pro-
 4       gram and policies under paragraph (1), the Adminis-
 5       trator shall take into consideration factors such as
 6       workplace safety, mission needs, and the protection of
 7       sensitive and proprietary technologies.
 8   SEC. 2664. NATIONAL SPACE GRANT COLLEGE AND FELLOW-

 9                    SHIP PROGRAM.

10       (a) PURPOSES.—Section 40301 of title 51, United
11 States Code, is amended—
12             (1) in paragraph (3)—
13                     (A) in subparagraph (B), by striking ‘‘and’’
14             at the end;
15                     (B) in subparagraph (C), by adding ‘‘and’’
16             after the semicolon at the end; and
17                     (C) by adding at the end the following:
18                     ‘‘(D) promote equally the State and re-
19             gional STEM interests of each space grant con-
20             sortium;’’; and
21             (2) in paragraph (4), by striking ‘‘made up of
22       university and industry members, in order to ad-
23       vance’’ and inserting ‘‘comprised of members of uni-
24       versities in each State and other entities, such as 2-




      † HR 4521 EAS
                              641
1       year colleges, industries, science learning centers, mu-
2       seums, and government entities, to advance’’.
3       (b) DEFINITIONS.—Section 40302 of title 51, United
4 States Code, is amended—
5             (1) by striking paragraph (3);
6             (2) by inserting after paragraph (2) the fol-
7       lowing:
 8            ‘‘(3) LEAD INSTITUTION.—The term ‘lead insti-
 9      tution’ means an entity in a State that—
10                   ‘‘(A) was designated by the Administrator
11            under section 40306, as in effect on the day be-
12            fore the date of the enactment of the National
13            Aeronautics and Space Administration Author-
14            ization Act of 2021; or
15                   ‘‘(B) is designated by the Administrator
16            under section 40303(d)(3).’’;
17            (3) in paragraph (4), by striking ‘‘space grant
18      college, space grant regional consortium, institution of
19      higher education,’’ and inserting ‘‘lead institution,
20      space grant consortium,’’;
21            (4) by striking paragraphs (6), (7), and (8);
22            (5) by inserting after paragraph (5) the fol-
23      lowing:
24            ‘‘(6) SPACE     GRANT     CONSORTIUM.—The       term
25      ‘space grant consortium’ means a State-wide group,


     † HR 4521 EAS
                              642
 1      led by a lead institution, that has established partner-
 2      ships with other academic institutions, industries,
 3      science learning centers, museums, and government
 4      entities to promote a strong educational base in the
 5      space and aeronautical sciences.’’;
 6            (6) by redesignating paragraph (9) as para-
 7      graph (7);
 8            (7) in paragraph (7)(B), as so redesignated, by
 9      inserting ‘‘and aeronautics’’ after ‘‘space’’;
10            (8) by striking paragraph (10); and
11            (9) by adding at the end the following:
12            ‘‘(8) STEM.—The term ‘STEM’ means science,
13      technology, engineering, and mathematics.’’.
14      (c) PROGRAM OBJECTIVE.—Section 40303 of title 51,
15 United States Code, is amended—
16            (1) by striking subsections (d) and (e);
17            (2) by redesignating subsection (c) as subsection
18      (e); and
19            (3) by striking subsection (b) and inserting the
20      following:
21      ‘‘(b) PROGRAM OBJECTIVE.—
22            ‘‘(1) IN   GENERAL.—The       Administrator shall
23      carry out the national space grant college and fellow-
24      ship program with the objective of providing hands-
25      on research, training, and education programs with


     † HR 4521 EAS
                               643
 1      measurable outcomes in each State, including pro-
 2      grams to provide—
 3                   ‘‘(A) internships, fellowships, and scholar-
 4            ships;
 5                   ‘‘(B) interdisciplinary hands-on mission
 6            programs and design projects;
 7                   ‘‘(C) student internships with industry or
 8            university researchers or at centers of the Ad-
 9            ministration;
10                   ‘‘(D) faculty and curriculum development
11            initiatives;
12                   ‘‘(E) university-based research initiatives
13            relating to the Administration and the STEM
14            workforce needs of each State; or
15                   ‘‘(F) STEM engagement programs for kin-
16            dergarten through grade 12 teachers and stu-
17            dents.
18            ‘‘(2) PROGRAM PRIORITIES.—In carrying out the
19      objective described in paragraph (1), the Adminis-
20      trator shall ensure that each program carried out by
21      a space grant consortium under the national space
22      grant college and fellowship program balances the fol-
23      lowing priorities:




     † HR 4521 EAS
                               644
 1                    ‘‘(A) The space and aeronautics research
 2             needs of the Administration, including the mis-
 3             sion directorates.
 4                    ‘‘(B) The need to develop a national STEM
 5             workforce.
 6                    ‘‘(C) The STEM workforce needs of the
 7             State.
 8       ‘‘(c) PROGRAM ADMINISTERED THROUGH SPACE
 9 GRANT CONSORTIA.—The Administrator shall carry out the
10 national space grant college and fellowship program
11 through the space grant consortia.
12       ‘‘(d) SUSPENSION; TERMINATION; NEW COMPETI-
13   TION.—

14             ‘‘(1) SUSPENSION.—The Administrator may, for
15       cause and after an opportunity for hearing, suspend
16       a lead institution that was designated by the Admin-
17       istrator under section 40306, as in effect on the day
18       before the date of the enactment of the National Aero-
19       nautics and Space Administration Authorization Act
20       of 2021.
21             ‘‘(2) TERMINATION.—If the issue resulting in a
22       suspension under paragraph (1) is not resolved with-
23       in a period determined by the Administrator, the Ad-
24       ministrator may terminate the designation of the en-
25       tity as a lead institution.


      † HR 4521 EAS
                                   645
 1              ‘‘(3) NEW COMPETITION.—If the Administrator
 2        terminates the designation of an entity as a lead in-
 3        stitution, the Administrator may initiate a new com-
 4        petition in the applicable State for the designation of
 5        a lead institution.’’.
 6        (d) GRANTS.—Section 40304 of title 51, United States
 7 Code, is amended to read as follows:
 8 ‘‘§ 40304. Grants
 9        ‘‘(a) ELIGIBLE SPACE GRANT CONSORTIUM DE-
10   FINED.—In this section, the term ‘eligible space grant con-

11 sortium’ means a space grant consortium that the Adminis-
12 trator has determined—
13              ‘‘(1) has the capability and objective to carry out
14        not fewer than 3 of the 6 programs under section
15        40303(b)(1);
16              ‘‘(2) will carry out programs that balance the
17        priorities described in section 40303(b)(2); and
18              ‘‘(3) is engaged in research, training, and edu-
19        cation relating to space and aeronautics.
20        ‘‘(b) GRANTS.—
21              ‘‘(1) IN   GENERAL.—The      Administrator shall
22        award grants to the lead institutions of eligible space
23        grant consortia to carry out the programs under sec-
24        tion 40303(b)(1).
25              ‘‘(2) REQUEST FOR PROPOSALS.—


       † HR 4521 EAS
                                646
 1                   ‘‘(A) IN GENERAL.—On the expiration of
 2            existing cooperative agreements between the Ad-
 3            ministration and the space grant consortia, the
 4            Administrator shall issue a request for proposals
 5            from space grant consortia for the award of
 6            grants under this section.
 7                   ‘‘(B) APPLICATIONS.—A lead institution of
 8            a space grant consortium that seeks a grant
 9            under this section shall submit, on behalf of such
10            space grant consortium, an application to the
11            Administrator at such time, in such manner,
12            and accompanied by such information as the Ad-
13            ministrator may require.
14            ‘‘(3) GRANT AWARDS.—The Administrator shall
15      award 1 or more 5-year grants, disbursed in annual
16      installments, to the lead institution of the eligible
17      space grant consortium of—
18                   ‘‘(A) each State;
19                   ‘‘(B) the District of Columbia; and
20                   ‘‘(C) the Commonwealth of Puerto Rico.
21            ‘‘(4) USE OF FUNDS.—A grant awarded under
22      this section shall be used by an eligible space grant
23      consortium to carry out not fewer than 3 of the 6 pro-
24      grams under section 40303(b)(1).
25      ‘‘(c) ALLOCATION OF FUNDING.—


     † HR 4521 EAS
                                 647
 1            ‘‘(1) PROGRAM IMPLEMENTATION.—
 2                   ‘‘(A) IN GENERAL.—To carry out the objec-
 3            tive described in section 40303(b)(1), of the funds
 4            made available each fiscal year for the national
 5            space grant college and fellowship program, the
 6            Administrator shall allocate not less than 85 per-
 7            cent as follows:
 8                        ‘‘(i) The 52 eligible space grant con-
 9                   sortia shall each receive an equal share.
10                        ‘‘(ii) The territories of Guam and the
11                   United States Virgin Islands shall each re-
12                   ceive funds equal to approximately 1⁄5 of the
13                   share for each eligible space grant consortia.
14                   ‘‘(B) MATCHING REQUIREMENT.—Each eli-
15            gible space grant consortium shall match the
16            funds allocated under subparagraph (A)(i) on a
17            basis of not less than 1 non-Federal dollar for
18            every 1 Federal dollar, except that any program
19            funded under paragraph (3) or any program to
20            carry out 1 or more internships or fellowships
21            shall not be subject to that matching require-
22            ment.
23            ‘‘(2) PROGRAM ADMINISTRATION.—
24                   ‘‘(A) IN    GENERAL.—Of     the funds made
25            available each fiscal year for the national space


     † HR 4521 EAS
                                 648
 1            grant college and fellowship program, the Ad-
 2            ministrator shall allocate not more than 10 per-
 3            cent for the administration of the program.
 4                   ‘‘(B) COSTS COVERED.—The funds allocated
 5            under subparagraph (A) shall cover all costs of
 6            the Administration associated with the adminis-
 7            tration of the national space grant college and
 8            fellowship program, including—
 9                        ‘‘(i) direct costs of the program, includ-
10                   ing costs relating to support services and
11                   civil service salaries and benefits;
12                        ‘‘(ii) indirect general and administra-
13                   tive costs of centers and facilities of the Ad-
14                   ministration; and
15                        ‘‘(iii) indirect general and administra-
16                   tive costs of the Administration head-
17                   quarters.
18            ‘‘(3) SPECIAL PROGRAMS.—Of the funds made
19      available each fiscal year for the national space grant
20      college and fellowship program, the Administrator
21      shall allocate not more than 5 percent to the lead in-
22      stitutions of space grant consortia established as of
23      the date of the enactment of the National Aeronautics
24      and Space Administration Authorization Act of 2021
25      for grants to carry out innovative approaches and

Full text truncated for size; the complete document is in the PDF above.

File and source

File

BILLS_bills-117hr4521eas_bills-117hr4521eas.pdf

Size

2,882,290 bytes

SHA-256

8ca9d4eb51332a1590c41ef69515c46afc69be6e777204c96519860af2215071

Our copy

BILLS_bills-117hr4521eas_bills-117hr4521eas.pdf

Original

www.govinfo.gov