H.R. 4521, America COMPETES Act of 2022
Summary
H. R. 4521 is an act to provide for a coordinated Federal research initiative to ensure continued United States leadership in engineering biology, with the short title America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength Act of 2022 or America COMPETES Act of 2022. Its table of contents includes Section 3, Prohibiting discrimination against people of Asian descent, and Division A, the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund. Division B is Research and Innovation, Division C is Energy and Commerce, and Division D is Committee on Foreign Affairs.
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“H.R. 4521, America COMPETES Act of 2022.”
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117TH CONGRESS
2D SESSION
H. R. 4521
AN ACT
To provide for a coordinated Federal research initiative to
ensure continued United States leadership in engineering
biology.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
2
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘America Creating Op-
3 portunities for Manufacturing, Pre-Eminence in Tech-
4 nology, and Economic Strength Act of 2022’’ or the
5 ‘‘America COMPETES Act of 2022’’.
6 SEC. 2. TABLE OF CONTENTS.
7 The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Prohibiting discrimination against people of Asian descent.
DIVISION A—CREATING HELPFUL INCENTIVES TO PRODUCE
SEMICONDUCTORS (CHIPS) FOR AMERICA FUND
Sec. 10001. Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America Fund.
Sec. 10002. Semiconductor incentives.
Sec. 10003. Office of Opportunity and Inclusion.
Sec. 10004. Additional GAO reporting requirement.
Sec. 10005. Comptroller General report.
Sec. 10006. Modification to certain GAO reports.
Sec. 10007. Expanding the semiconductor incentive program to include non-
profits.
DIVISION B—RESEARCH AND INNOVATION
TITLE I—DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
Sec. 10101. Mission of the Office of Science.
Sec. 10102. Basic energy sciences program.
Sec. 10103. Biological and environmental research.
Sec. 10104. Advanced scientific computing research program.
Sec. 10105. Fusion energy research.
Sec. 10106. High energy physics program.
Sec. 10107. Nuclear physics program.
Sec. 10108. Accelerator research and development.
Sec. 10109. Isotope development and production for research applications.
Sec. 10110. Science laboratories infrastructure program.
Sec. 10111. Increased collaboration with teachers and scientists.
Sec. 10112. High intensity laser research initiative; Office of Science Emerging
Infectious Disease Computing Research Initiative; helium con-
servation program; authorization of appropriations.
Sec. 10113. State-owned enterprises prohibition.
Sec. 10114. Determination of Budgetary Effects.
Sec. 10115. National Virtual Biotechnology Laboratory.
Sec. 10116. Additional research.
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TITLE II—NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY FOR THE FUTURE ACT OF 2021
Sec. 10201. Definitions.
Subtitle A—Appropriations
Sec. 10211. Authorization of appropriations.
Subtitle B—Measurement Research
Sec. 10221. Engineering biology and biometrology.
Sec. 10222. Greenhouse gas measurement research.
Sec. 10223. NIST authority for cybersecurity and privacy activities.
Sec. 10224. Software security and authentication.
Sec. 10225. Digital identity management research.
Sec. 10226. Biometrics research and testing.
Sec. 10227. Federal biometric performance standards.
Sec. 10228. Protecting research from cyber theft.
Sec. 10229. Dissemination of resources for research institutions.
Sec. 10230. Advanced communications research.
Sec. 10231. Neutron scattering.
Sec. 10232. Quantum information science.
Sec. 10233. Artificial intelligence.
Sec. 10234. Sustainable Chemistry Research and Education.
Sec. 10235. Premise plumbing research.
Subtitle C—General Activities
Sec. 10241. Educational outreach and support for underrepresented commu-
nities.
Sec. 10242. Other transactions authority.
Sec. 10243. Report to congress on collaborations with government agencies.
Sec. 10244. Hiring critical technical experts.
Sec. 10245. International standards development.
Sec. 10246. Standard technical update.
Sec. 10247. GAO study of NIST research security policies and protocols.
Sec. 10248. Standards development organization grants.
Subtitle D—Hollings Manufacturing Extension Partnership
Sec. 10251. Establishment of expansion awards pilot program as a part of the
Hollings Manufacturing Extension Partnership.
Sec. 10252. Update to manufacturing extension partnership.
Sec. 10253. National supply chain database.
Sec. 10254. Hollings Manufacturing Extension Partnership activities.
Subtitle E—Manufacturing USA Program
Sec. 10261. Supporting geographic diversity.
Subtitle F—Manufacturing USA Program
Sec. 10271. Expanding opportunities through the Manufacturing USA Pro-
gram.
TITLE III—NATIONAL SCIENCE FOUNDATION FOR THE FUTURE
Sec. 10301. Findings.
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Sec. 10302. Definitions.
Sec. 10303. Authorization of appropriations.
Sec. 10304. STEM education.
Sec. 10305. Broadening participation.
Sec. 10306. Fundamental research.
Sec. 10307. Research infrastructure.
Sec. 10308. Directorate for science and engineering solutions.
Sec. 10309. Administrative amendments.
Sec. 10310. Microgravity utilization policy.
Sec. 10311. Recognition of the Arecibo Observatory.
Sec. 10312. Hands-on learning opportunities in STEM education.
TITLE IV—BIOECONOMY RESEARCH AND DEVELOPMENT
Sec. 10401. Findings.
Sec. 10402. Definitions.
Sec. 10403. National Engineering Biology Research and Development Initia-
tive.
Sec. 10404. Initiative coordination.
Sec. 10405. Advisory committee.
Sec. 10406. External review of ethical, legal, environmental, safety, security,
and societal issues.
Sec. 10407. Agency activities.
Sec. 10408. Rule of construction.
TITLE V—BROADENING PARTICIPATION IN SCIENCE
Subtitle A—STEM Opportunities
Sec. 10501. Findings.
Sec. 10502. Purposes.
Sec. 10503. Federal science agency policies for caregivers.
Sec. 10504. Collection and reporting of data on Federal research grants.
Sec. 10505. Policies for review of Federal research grants.
Sec. 10506. Collection of data on demographics of faculty.
Sec. 10507. Cultural and institutional barriers to expanding the academic and
Federal STEM workforce.
Sec. 10508. Research and dissemination at the National Science Foundation.
Sec. 10509. Research and related activities to expand STEM opportunities.
Sec. 10510. Tribal Colleges and Universities Program.
Sec. 10511. Report to Congress.
Sec. 10512. Merit review.
Sec. 10513. Determination of budgetary effects.
Sec. 10514. Definitions.
Subtitle B—Rural STEM Education Research
Sec. 10521. Findings.
Sec. 10522. NIST engagement with rural communities.
Sec. 10523. NITR-D broadband working group.
Sec. 10524. National Academy of Sciences evaluation.
Sec. 10525. GAO review.
Sec. 10526. Capacity building through EPSCOR.
Sec. 10527. National Science Foundation rural STEM Research activities.
Sec. 10528. Researching opportunities for online education.
Sec. 10529. Definitions.
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Subtitle C—MSI STEM Achievement
Sec. 10531. Findings.
Sec. 10532. Government Accountability Office review.
Sec. 10533. Research and capacity building.
Sec. 10534. Agency responsibilities.
Sec. 10535. Definitions.
Subtitle D—Combating Sexual Harassment in Science
Sec. 10541. Findings.
Sec. 10542. Definitions.
Sec. 10543. Research grants.
Sec. 10544. Data collection.
Sec. 10545. Responsible conduct guide.
Sec. 10546. Interagency working group.
Sec. 10547. National academies assessment.
Sec. 10548. Authorization of appropriations.
TITLE VI—MISCELLANEOUS SCIENCE AND TECHNOLOGY
PROVISIONS
Subtitle A—Supporting Early-Career Researchers
Sec. 10601. Findings.
Sec. 10602. Early-career research fellowship program.
Sec. 10603. Authorization of appropriations.
Subtitle B—National Science and Technology Strategy
Sec. 10611. National science and technology strategy.
Sec. 10612. Quadrennial science and technology review.
Sec. 10613. National Circular Economy Roadmap.
Subtitle C—Energizing Technology Transfer
Sec. 10621. Definitions.
PART 1—NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS
Sec. 10623. National clean energy incubator program.
Sec. 10624. Clean energy technology university prize competition.
Sec. 10625. Clean energy technology transfer coordination.
PART 2—SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL
LABORATORIES
Sec. 10626. Lab partnering service pilot program.
Sec. 10627. Lab-embedded entrepreneurship program.
Sec. 10628. Small business voucher program.
Sec. 10629. Entrepreneurial leave program.
Sec. 10630. National laboratory non-Federal employee outside employment au-
thority.
Sec. 10631. National laboratories restoration and modernization.
PART 3—DEPARTMENT OF ENERGY MODERNIZATION
Sec. 10632. Office of technology transitions.
Sec. 10633. Management of Department of Energy demonstration projects.
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Sec. 10634. Streamlining prize competitions.
Sec. 10635. Cost-share waiver extension.
Sec. 10636. Special hiring authority for scientific, engineering, and project
management personnel.
Sec. 10637. Technology transfer reports and evaluation.
Sec. 10638. ARPA-E authorization of appropriations.
Subtitle D—Regional Innovation
Sec. 10641. Regional Innovation Capacity.
Sec. 10642. Regional Clean Energy Innovation Program.
Sec. 10643. Critical technology and innovation analytics program.
Sec. 10644. Support for commercial deployment.
Subtitle E—Malign Foreign Talent Recruitment Program Prohibition
Sec. 10651. Malign foreign talent recruitment program prohibition.
Subtitle F—Microelectronics Research for Energy Innovation
Sec. 10661. Definitions.
Sec. 10662. Findings.
Sec. 10663. Microelectronics research program.
Sec. 10664. Microelectronics science research centers.
Sec. 10665. Miscellaneous other requirements.
Subtitle G—Reports
Sec. 10671. Report on methane removal technology.
Subtitle H—Better Energy Storage Technology
Sec. 10681. Long-duration demonstration initiative and joint program.
Subtitle I—SBIR, STTR, and Pilot Extensions
Sec. 10691. Small business innovation programs and pilot extensions.
Subtitle J—Coastal and Ocean Acidification Stressors and Threats Research
Sec. 10701. Short title.
Sec. 10702. Purposes.
Sec. 10703. Definitions.
Sec. 10704. Interagency working group.
Sec. 10705. Strategic research plan.
Sec. 10706. NOAA ocean acidification activities.
Sec. 10707. NSF ocean acidification activities.
Sec. 10708. NASA ocean acidification activities.
Sec. 10709. Authorization of appropriations.
Subtitle K—National Nuclear University Research Infrastructure
Reinvestment
Sec. 10711. Short title.
Sec. 10712. Purposes.
Sec. 10713. University infrastructure collaboration.
Sec. 10714. Advanced nuclear research infrastructure enhancement subpro-
gram.
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Sec. 10715. Science education and human resources scholarships, fellowships,
and research and development projects.
Subtitle L—Steel Upgrading Partnerships and Emissions Reduction
Sec. 10721. Low-emissions steel manufacturing research program.
Subtitle M—National Academies Science, Technology, and Security
Roundtable
Sec. 10731. Ad-hoc committee on research security.
Subtitle N—Additional Provisions
Sec. 10741. Establishment of blockchain and cryptocurrency specialist position
within OSTP.
Subtitle O—Partnerships for Energy Security and Innovation
Sec. 10751. Foundation for Energy Security and Innovation.
DIVISION C—ENERGY AND COMMERCE
TITLE I—COMMUNICATIONS AND TECHNOLOGY
Sec. 20101. Appropriations for wireless supply chain innovation.
Sec. 20102. Understanding cybersecurity of mobile networks.
Sec. 20103. Information and communication technology strategy.
Sec. 20104. Open RAN outreach.
Sec. 20105. Future networks.
Sec. 20106. NTIA policy and cybersecurity coordination.
Sec. 20107. American cybersecurity literacy.
Sec. 20108. Communications security advisory council.
Sec. 20109. Promoting United States wireless leadership.
Sec. 20110. Critical Infrastructure Manufacturing Feasibility.
TITLE II—CONSUMER PROTECTION AND COMMERCE
Subtitle A—Supply Chain Resilience
Sec. 20201. Office of manufacturing security and resilience.
Sec. 20202. United states strategy to counter threats to supply chains.
Sec. 20203. Critical supply chain monitoring program.
Sec. 20204. Manufacturing security and resilience program.
Sec. 20205. Supply chain innovation and best practices.
Sec. 20206. Program evaluation by the inspector general of the department of
commerce.
Sec. 20207. Supply chain database and toolkit.
Sec. 20208. Agriculture and food system supply chain monitoring and assess-
ment.
Sec. 20209. Definitions.
Sec. 20210. Departments of Commerce and Transportation supply chain re-
port.
Sec. 20211. Supply chain report required.
Sec. 20212. National Commission on Critical Supply Chains.
Subtitle B—Strengthening Consumer Protections, Tourism, and
Manufacturing
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Sec. 20211. National manufacturing advisory council.
Sec. 20212. Availability of Travel Promotion Fund for Brand USA.
Sec. 20213. Collection, verification, and disclosure of information by online
marketplaces to inform consumers.
Sec. 20214. Supercomputing For Safer Chemicals (SUPERSAFE) Consortium.
Sec. 20215. GAO report on global semiconductor shortage.
Subtitle C—Defense Supply Chain Risk Management
Sec. 20221. Risk management for Department of Defense supply chains.
TITLE III—ENERGY
Sec. 20301. Strategic transformer reserve and resilience program.
Sec. 20302. Solar component manufacturing supply chain assistance.
Sec. 20303. Support for the first three commercial-scale implementations of
transformative industrial technologies.
Sec. 20304. Improving the natural gas distribution system.
Sec. 20305. Consideration of energy storage systems.
Sec. 20306. Coordination of programs.
Sec. 20307. State flex-tech energy program.
TITLE IV—MEDICAL PRODUCT SUPPLY CHAIN IMPROVEMENTS
Subtitle A—Medical Product Innovation, Transparency, and Safety
Sec. 20401. National Centers of Excellence in Advanced and Continuous Phar-
maceutical Manufacturing.
Sec. 20402. Notification, nondistribution, and recall of drugs.
Sec. 20403. Reporting requirement for drug manufacturers.
Sec. 20404. Enhanced penalties for false information and records destruction.
Subtitle B—Strengthening America’s Strategic National Stockpile
Sec. 20411. Reimbursable transfers.
Sec. 20412. Equipment maintenance.
Sec. 20413. Supply chain flexibility manufacturing pilot.
Sec. 20414. GAO study on the feasibility and benefits of a user fee agreement.
Sec. 20415. Grants for State strategic stockpiles.
Sec. 20416. Action reporting.
Sec. 20417. Improved, transparent processes.
Sec. 20418. Authorization of appropriations.
Sec. 20419. GAO report on automated supply-chain tracking application.
Sec. 20420. High-quality masks for children.
DIVISION D—COMMITTEE ON FOREIGN AFFAIRS
Sec. 30000. Short title.
Sec. 30001. Definitions.
Sec. 30002. Findings.
Sec. 30003. Statement of policy.
Sec. 30004. Sense of Congress.
Sec. 30005. Rules of construction.
TITLE I—INVESTING IN AMERICAN COMPETITIVENESS
Subtitle A—Science and Technology
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Sec. 30101. Authorization to assist United States companies with global supply
chain diversification and management.
Sec. 30102. Report on national technology and industrial base.
Subtitle B—Global Infrastructure and Energy Development
Sec. 30111. Appropriate committees of Congress defined.
Sec. 30112. Sense of Congress on international quality infrastructure invest-
ment standards.
Sec. 30113. Supporting economic independence from the People’s Republic of
China.
Sec. 30114. Strategy for advanced and reliable energy infrastructure.
Sec. 30115. Report on the People’s Republic of China’s investments in foreign
energy development.
Sec. 30116. Report on foreign investment in the agriculture sector of the
United States.
Subtitle C—Economic Diplomacy and Leadership
Sec. 30121. Findings on regional economic order.
Sec. 30122. Report on entrenching American economic diplomacy in the Indo-
Pacific.
Sec. 30123. Sense of Congress on the need to bolster American leadership in
the Asia Pacific Economic Cooperation.
Sec. 30124. Task force to counter China’s economic coercion.
Sec. 30125. Sense of Congress on digital technology issues.
Sec. 30126. Digital dialogue and cooperation.
Sec. 30127. Digital connectivity and cybersecurity partnership.
Sec. 30128. Sense of Congress on ideological competition.
Sec. 30129. Report on cooperation between China and United Arab Emirates.
Sec. 30129A. Authorization to hire additional staff for the Office of Foreign
Asset Control of the Department of the Treasury.
Subtitle D—Financial Diplomacy and Leadership
Sec. 30131. Findings on Chinese financial industrial policy.
Sec. 30132. Report on importance of American financial strength for global
leadership.
Sec. 30133. Review of Chinese companies on United States capital markets.
Sec. 30134. Report on the implications of changes to cross-border payment and
financial messaging systems.
Sec. 30135. Report on links between private sector Chinese technology and so-
cial media companies and the People’s Liberation Army, Chi-
nese intelligence, and the Chinese Communist Party.
TITLE II—INVESTING IN ALLIANCES AND PARTNERSHIPS
Subtitle A—Strategic and Diplomatic Matters
Sec. 30201. Appropriate committees of Congress defined.
Sec. 30202. United States commitment and support for allies and partners in
the Indo-Pacific.
Sec. 30203. Boosting Quad cooperation.
Sec. 30204. Establishment of Quad Intra-Parliamentary Working Group.
Sec. 30205. Statement of policy on cooperation with ASEAN.
Sec. 30206. Young Southeast Asian Leaders Initiative.
Sec. 30207. Sense of Congress on engagement with G7 and G20 countries.
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Sec. 30208. Enhancing the United States-Taiwan partnership.
Sec. 30209. Taiwan diplomatic review.
Sec. 30210. Taiwan Peace and Stability Act.
Sec. 30211. Taiwan International Solidarity Act.
Sec. 30212. Taiwan Fellowship Program.
Sec. 30213. Increasing Department of State personnel and resources devoted to
the Indo-Pacific.
Sec. 30214. Report on bilateral efforts to address Chinese fentanyl trafficking.
Sec. 30215. Facilitation of increased equity investments under the Better Utili-
zation of Investments Leading to Development Act of 2018.
Sec. 30216. Expanding investment by United States International Development
Finance Corporation for vaccine manufacturing, distribution,
storage, and delivery.
Sec. 30217. Actions to prevent the spread of the COVID–19 pandemic.
Sec. 30218. Ensuring United States diplomatic posts align with American stra-
tegic national security and economic objectives.
Sec. 30219. Authorization of appropriations for the Fulbright-Hays Program.
Sec. 30219A. Supporting independent media and countering disinformation.
Sec. 30219B. Global Engagement Center.
Sec. 30219C. Report on origins of the COVID–19 pandemic.
Sec. 30219D. Extension of Asia Reassurance Initiative Act of 2018.
Sec. 30219E. China Watcher Program.
Sec. 30219F. Liu Xiaobo Fund for Study of the Chinese Language.
Sec. 30219G. Oversight of funds made available through the American Rescue
Plan Act of 2021.
Sec. 30219H. Requirements relating to vaccine branding.
Sec. 30219I. National Intelligence Estimate on escalation and de-escalation of
gray zone activities in great power competition.
Sec. 30219J. Prioritizing Digital Infrastructure and Connectivity.
Sec. 30219K. Report on multilateral efforts to address Latin American fentanyl
trafficking and efforts between Latin America and China on
fentanyl trafficking.
Sec. 30219L. Report generation and sharing on long term cost of Belt and
Road Initiative to third countires.
Sec. 30219M. Sense of Congress regarding the status of China.
Sec. 30219N. Report on providing access to uncensored media in China.
Sec. 30219O. Report on open radio access networks.
Subtitle B—International Security Matters
Sec. 30221. Appropriate committees of Congress.
Sec. 30222. Additional funding for international military education and train-
ing in the Indo-Pacific.
Sec. 30223. Statement of policy.
Sec. 30224. Foreign military financing in the Indo-Pacific and authorization of
appropriations for Southeast Asia maritime security programs
and diplomatic outreach activities.
Sec. 30225. Foreign military financing compact pilot program in the Indo-Pa-
cific.
Sec. 30226. 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. 30227. Report on capability development of Indo-Pacific allies and part-
ners.
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Sec. 30228. Statement of policy regarding the threat posed by the Chinese
Communist Party to the North Atlantic Treaty Organization.
Sec. 30229. Identification of PLA–supported institutions.
Sec. 30229A. Prohibition on certain assistance to the Philippines.
Sec. 30229B. Prioritization and protection of international research.
Subtitle C—Multilateral Strategies to Bolster American Power
Sec. 30231. Findings on multilateral engagement.
Sec. 30232. Statement of policy on America’s multilateral engagement.
Sec. 30233. Support for Americans at the United Nations.
Sec. 30234. Junior professional officers.
Sec. 30235. Report on American employment in international organizations.
Subtitle D—Regional Strategies to Bolster American Power
Sec. 30241. Statement of policy on cooperation with allies and partners around
the world.
Sec. 30241A. Report on indigenous engagement.
PART 1—WESTERN HEMISPHERE
Sec. 30242. Sense of Congress regarding United States-Canada relations.
Sec. 30243. Sense of Congress regarding China’s arbitrary imprisonment of Ca-
nadian citizens.
Sec. 30244. Strategy to enhance cooperation with Canada.
Sec. 30245. Sense of Congress.
Sec. 30246. Strategy to strengthen economic competitiveness, governance,
human rights, and the rule of law in Latin America and the
Caribbean.
Sec. 30247. Engagement in international organizations and the defense sector
in Latin America and the Caribbean.
Sec. 30248. Defense cooperation in Latin America and the Caribbean.
Sec. 30249. Engagement with civil society in Latin America and the Caribbean
regarding accountability, human rights, and the risks of perva-
sive surveillance technologies.
Sec. 30250. Caribbean energy initiative as alternative to China’s Belt and Road
Initiative.
Sec. 30251. United States-Caribbean Resilience Partnership.
Sec. 30252. Countering China’s educational and cultural diplomacy in Latin
America.
Sec. 30253. Narcotics trafficking in Latin America and the Caribbean.
Sec. 30254. Report on major Chinese infrastructure investments.
PART 2—TRANSATLANTIC RELATIONSHIPS
Sec. 30255. Sense of Congress on transatlantic relationships.
Sec. 30256. Strategy to enhance transatlantic cooperation with respect to the
People’s Republic of China.
Sec. 30257. Enhancing transatlantic cooperation on promoting private sector fi-
nance.
Sec. 30258. Report and briefing on cooperation between China and Iran and
between China and Russia.
Sec. 30259. Report and briefing on China’s election interference.
Sec. 30259A. Intelligence assessment.
PART 3—SOUTH AND CENTRAL ASIA
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Sec. 30261. Sense of Congress on South and Central Asia.
Sec. 30262. Strategy to enhance cooperation with South and Central Asia.
Sec. 30263. Indian Ocean region strategic review.
PART 4—AFRICA
Sec. 30271. Assessment of political, economic, and security activity of the Peo-
ple’s Republic of China in Africa.
Sec. 30272. Increasing the competitiveness of the United States in Africa.
Sec. 30273. Digital security cooperation with respect to Africa.
Sec. 30274. Support for Young African Leaders Initiative.
Sec. 30275. Africa broadcasting networks.
Sec. 30276. Africa energy security and diversification.
PART 5—MIDDLE EAST AND NORTH AFRICA
Sec. 30281. Strategy to counter Chinese influence in, and access to, the Middle
East and North Africa.
Sec. 30282. Sense of Congress on Middle East and North Africa engagement.
Sec. 30283. Sense of Congress on People’s Republic of China-Iran relationship.
PART 6—ARCTIC REGION
Sec. 30285. Arctic diplomacy.
Sec. 30286. Statement of policy regarding observer status for Taiwan on the
Arctic Council.
PART 7—OCEANIA
Sec. 30291. Statement of policy on United States engagement in Oceania.
Sec. 30292. Oceania strategic roadmap.
Sec. 30293. Oceania Security Dialogue.
Sec. 30294. Oceania Peace Corps partnerships.
PART 8—PACIFIC ISLANDS
Sec. 30295. Short title.
Sec. 30296. Findings.
Sec. 30297. Statement of policy.
Sec. 30298. Definition.
Sec. 30299. Authority to consolidate reports; form of reports.
Sec. 30299A. Diplomatic presence in the Pacific Islands.
Sec. 30299B. Coordination with regional allies and partners.
Sec. 30299C. Climate resilient development in the Pacific Islands.
Sec. 30299D. International law enforcement academy for the Pacific Islands.
Sec. 30299E. Security assistance for the Pacific Islands.
Sec. 30299F. Countering transnational crime.
Sec. 30299G. Emergency preparedness initiative for the Pacific Islands.
Sec. 30299H. Peace Corps in the Pacific Islands.
Sec. 30299I. Pacific Islands leadership development initiative.
TITLE III—INVESTING IN OUR VALUES
Sec. 30301. Sense of Congress on the continued violation of rights and free-
doms of the people of Hong Kong.
Sec. 30302. Authorization of appropriations for promotion of democracy in
Hong Kong.
Sec. 30303. Hong Kong people’s freedom and choice.
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Sec. 30304. Export prohibition of munitions items to the Hong Kong police
force.
Sec. 30305. Sense of Congress on treatment of Uyghurs and other ethnic mi-
norities in the Xinjiang Uyghur Autonomous Region.
Sec. 30306. Uyghur human rights protection.
Sec. 30307. Removal of members of the United Nations Human Rights Council
that commit human rights abuses.
Sec. 30308. Policy with respect to Tibet.
Sec. 30309. United States policy and international engagement on the succes-
sion or reincarnation of the Dalai Lama and religious freedom
of Tibetan Buddhists.
Sec. 30310. Development and deployment of internet freedom and Great Fire-
wall circumvention tools for the people of Hong Kong.
Sec. 30311. Authorization of appropriations for protecting human rights in the
People’s Republic of China.
Sec. 30312. Modifications to and reauthorization of sanctions with respect to
human rights violations.
Sec. 30313. Sense of congress condemning anti-asian racism and discrimina-
tion.
Sec. 30314. Annual reporting on censorship of free speech with respect to inter-
national abuses of human rights.
Sec. 30315. Policy toward the XXIV Olympic Winter Games and the XIII
Paralympic Winter Games.
Sec. 30316. Review and controls on export of items with critical capabilities to
enable human rights abuses.
Sec. 30317. Sense of Congress on commercial export control policy.
Sec. 30318. Imposition of sanctions with respect to systematic rape, coercive
abortion, forced sterilization, or involuntary contraceptive im-
plantation in the Xinjiang Uyghur Autonomous Region.
Sec. 30319. Sense of Congress regarding censorship of political speech.
Sec. 30320. Report on manner and extent to which the Government of China
exploits Hong Kong to circumvent United States laws and pro-
tections.
Sec. 30321. Sense of Congress regarding annual Country Reports on Human
Rights Practices.
Sec. 30322. Sense of Congress regarding press freedom in the People’s Repub-
lic of China.
Sec. 30323. United States Special Envoy for Xinjiang Province.
Sec. 30324. China Censorship Monitor and Action Group.
Sec. 30325. Public disclosure on BIS licensing information.
Sec. 30326. Modification of authority of the President under the Export Con-
trol Reform Act of 2018.
Sec. 30327. Determination with respect to the imposition of sanctions on enti-
ties involved in using Uyghur forced labor.
TITLE IV—INVESTING IN OUR ECONOMIC STATECRAFT
Sec. 30401. Sense of Congress regarding the People’s Republic of China’s in-
dustrial policy.
Sec. 30402. Economic defense response teams.
Sec. 30403. Countering overseas kleptocracy.
Sec. 30404. Annual report on Chinese surveillance companies.
Sec. 30405. Report on the People’s Republic of China’s investments in foreign
mining and processing industries.
TITLE V—ENSURING STRATEGIC SECURITY
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Sec. 30501. Cooperation on a strategic nuclear dialogue.
Sec. 30502. Report on United States efforts to engage the People’s Republic
of China on nuclear issues and ballistic missile issues.
Sec. 30503. Countering the People’s Republic of China’s proliferation of bal-
listic missiles and nuclear technology to the Middle East.
Sec. 30504. Report on support for Biodefense Steering Committee in imple-
mentation of National Biodefense Strategy.
TITLE VI—INVESTING IN A SUSTAINABLE FUTURE
Sec. 30601. Ensuring national security and economic priorities with the Peo-
ple’s Republic of China and other countries account for envi-
ronmental issues and climate change.
Sec. 30602. Enhancing security considerations for global climate disruptions.
Sec. 30603. Balancing accountability and cooperation with China.
Sec. 30604. Promoting responsible development alternatives to the People’s Re-
public of China’s Belt and Road Initiative.
Sec. 30605. Using climate diplomacy to better serve national security and eco-
nomic interests.
Sec. 30606. Driving a global climate change resilience strategy.
Sec. 30607. Addressing international climate change mitigation, adaptation,
and security.
Sec. 30608. Reducing the negative impacts from short-lived climate pollutants.
Sec. 30609. Building United States economic growth and technological innova-
tion through the Green Climate Fund.
Sec. 30610. Ensuring a whole-of-government response to climate action.
Sec. 30611. Working with international partners to reduce deforestation.
Sec. 30612. Controlling the export of electronic waste to protect United States
supply chains.
Sec. 30613. Rural Export Center.
Sec. 30614. Report on global exports of natural gas production.
Sec. 30615. Report on global CCP investment in port infrastructure.
TITLE VII—UNITED STATES COMMITMENT TO PEACEKEEPING
Sec. 30701. Statement of policy concerning United States engagement regard-
ing United Nations peacekeeping operations.
Sec. 30702. Repeal of the 25 percent cap on United States contributions to
United Nations peacekeeping operations.
Sec. 30703. Reports on United States efforts to achieve United Nations peace-
keeping reform.
Sec. 30704. Strategy to advocate for peacekeeping reforms at the United Na-
tions.
Sec. 30705. Reporting requirements.
TITLE VIII—PREVENTING FUTURE PANDEMICS
Sec. 30801. Short title.
Sec. 30802. Definitions.
Sec. 30803. Study on risk of wildlife markets on the emergence of novel viral
pathogens.
Sec. 30804. Country-driven approach to end the commercial trade in live wild-
life and associated wildlife markets.
Sec. 30805. Sense of congress.
Sec. 30806. Statement of policy.
Sec. 30807. Prevention of future zoonotic spillover events.
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Sec. 30808. One health task force.
Sec. 30809. Reservation of rights.
DIVISION E—COMMITTEE ON OVERSIGHT AND REFORM
Sec. 40101. Federal Rotational Cyber Workforce Program.
Sec. 40102. AI in counterterrorism oversight enhancement.
Sec. 40103. Defense priorities effectiveness study.
Sec. 40104. Inflation study.
Sec. 40105. GAO report on inflation.
Sec. 40106. American Security Drone Act.
DIVISION F—COMMITTEE ON HOMELAND SECURITY
Sec. 50101. Homeland procurement reform.
Sec. 50102. DHS software supply chain risk management.
Sec. 50103. Department of Homeland Security Mentor-Protégé Program.
Sec. 50104. Unmanned aerial security.
Sec. 50105. Metrics and reports on technologies relating to irregular migration
along the southern border.
Sec. 50106. Report on current standards and guidelines for managing ports of
entry under the control of the Department of Homeland Secu-
rity.
Sec. 50107. Improving cybersecurity of small entities.
Sec. 50108. Critical Technology Security Centers.
DIVISION G—COMMITTEE ON FINANCIAL SERVICES
TITLE I—U.S. POLICY ON WORLD BANK GROUP AND ASIAN
DEVELOPMENT BANK LOANS TO CHINA
Sec. 60101. U.S. policy on World Bank Group and Asian Development Bank
Loans to China.
TITLE II—PROHIBITIONS OR CONDITIONS ON CERTAIN
TRANSMITTALS OF FUNDS
Sec. 60201. Findings.
Sec. 60202. Prohibitions or conditions on certain transmittals of funds.
TITLE III—U.S. STOCK EXCHANGE TRADING PROHIBITION FOR 2
CONSECUTIVE AUDITOR NON-INSPECTION YEARS
Sec. 60301. Trading prohibition for 2 consecutive non-inspection years.
TITLE IV—COMBATING WILDLIFE TRAFFICKING FINANCING AND
PROCEEDS STUDY ACT
Sec. 60401. Findings.
Sec. 60402. Study.
TITLE V—STUDY ON CHINESE SUPPORT FOR AFGHAN ILLICIT
FINANCE
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Sec. 60501. Study on Chinese support for Afghan illicit finance.
TITLE VI—U.S. POLICY ON MULTILATERAL DEVELOPMENT BANK
CO-FINANCING ARRANGEMENTS WITH CHINA’S INFRASTRUC-
TURE BANK
Sec. 60601. U.S. policy on co-financing arrangements at the multilateral devel-
opment banks.
TITLE VII—CHINA FINANCIAL THREAT MITIGATION
Sec. 60701. China financial threat mitigation.
TITLE VIII—SUPPORT FOR DEBT RELIEF FOR DEVELOPING
COUNTRIES
Sec. 60801. Support for international initiatives to provide debt relief to devel-
oping countries with unsustainable levels of debt.
TITLE IX—SECURING AMERICA’S VACCINES FOR EMERGENCIES
Sec. 60901. Short title.
Sec. 60902. Securing essential medical materials.
Sec. 60903. Investment in supply chain security.
TITLE X—COVID–19 EMERGENCY MEDICAL SUPPLIES
ENHANCEMENT
Sec. 61001. Short title.
Sec. 61002. Determination on emergency supplies and other public health
emergencies.
Sec. 61003. Exercise of title I authorities in relation to contracts by State,
local, or Tribal governments.
Sec. 61004. Engagement with the private sector.
Sec. 61005. Enhancement of supply chain production.
Sec. 61006. Enhanced reporting during COVID–19 emergency.
Sec. 61007. Report on activities involving small business.
Sec. 61008. Definitions.
TITLE XI—AFGHAN TRADE ZONES FOR LICIT TRADE
Sec. 61101. Study and report on feasibility of establishment and implementa-
tion of Afghan trade zones for licit trade.
TITLE XII—INTERAGENCY TASK FORCE TO ADDRESS CHINESE
MARKET MANIPULATION IN THE UNITED STATES
Sec. 61201. Establishment of interagency task force to address Chinese market
manipulation in the United States.
Sec. 61202. Expansion of study and strategy on money laundering by the Peo-
ple’s Republic of China to include risks of contributing to cor-
ruption.
TITLE XIII—DISCLOSURE REQUIREMENTS RELATING TO
CERTAIN EXEMPTED TRANSACTIONS
Sec. 61301. In general.
TITLE XIV—SAFE BANKING
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Sec. 61401. Short title; table of contents; purpose.
Sec. 61402. Safe harbor for depository institutions.
Sec. 61403. Protections for ancillary businesses.
Sec. 61404. Protections under Federal law.
Sec. 61405. Rules of construction.
Sec. 61406. Requirements for filing suspicious activity reports.
Sec. 61407. Guidance and examination procedures.
Sec. 61408. Annual diversity and inclusion report.
Sec. 61409. GAO study on diversity and inclusion.
Sec. 61410. GAO study on effectiveness of certain reports on finding certain
persons.
Sec. 61411. Application of this title with respect to hemp-related legitimate
businesses and hemp-related service providers.
Sec. 61412. Banking services for hemp-related legitimate businesses and hemp-
related service providers.
Sec. 61413. Requirements for deposit account termination requests and orders.
Sec. 61414. Definitions.
Sec. 61415. Discretionary surplus funds.
DIVISION H—COMMITTEE ON NATURAL RESOURCES
TITLE I—ILLEGAL FISHING AND FORCED LABOR PREVENTION
Sec. 70101. Definitions.
Sec. 70102. Authorization of appropriations.
Subtitle A—Combating Human Trafficking Through Seafood Import
Monitoring
Sec. 70111. Definitions.
Sec. 70112. Expansion of Seafood Import Monitoring Program to all species.
Sec. 70113. Enhancement of Seafood Import Monitoring Program Automated
Commercial Environment Message Set.
Sec. 70114. Additional data requirements for Seafood Import Monitoring Pro-
gram data collection.
Sec. 70115. Import audits.
Sec. 70116. Availability of fisheries information.
Sec. 70117. Authority to hold fish products.
Sec. 70118. Report on seafood import monitoring.
Sec. 70119. Authorization of appropriations.
Subtitle B—Strengthening International Fisheries Management to Combat
Human Trafficking
Sec. 70121. Denial of port privileges.
Sec. 70122. Identification and certification criteria.
Sec. 70123. Illegal, unreported, or unregulated fishing defined.
Sec. 70124. Equivalent conservation measures.
Sec. 70125. Regulations.
Subtitle C—Maritime Awareness
Sec. 70131. Automatic identification system requirements.
TITLE II—DRIFTNET MODERNIZATION AND BYCATCH
REDUCTION
Sec. 70201. Definition.
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Sec. 70202. Findings and policy.
Sec. 70203. Transition program.
Sec. 70204. Exception.
Sec. 70205. Fees.
TITLE III—MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 70301. Data collection and dissemination.
Sec. 70302. Stranding or entanglement response agreements.
Sec. 70303. Unusual mortality event activity funding.
Sec. 70304. Liability.
Sec. 70305. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 70306. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 70307. Health MAP.
Sec. 70308. Reports to Congress.
Sec. 70309. Authorization of appropriations.
Sec. 70310. Definitions.
Sec. 70311. Study on marine mammal mortality.
TITLE IV—REAUTHORIZATION OF CORAL REEF CONSERVATION
ACT OF 2000
Sec. 70401. Reauthorization of Coral Reef Conservation Act of 2000.
Sec. 70402. Modification to section 204 of the Coral Reef Conservation Act of
2000.
TITLE V—UNITED STATES CORAL REEF TASK FORCE
Sec. 70501. Establishment.
Sec. 70502. Duties.
Sec. 70503. Membership.
Sec. 70504. Responsibilities of Federal agency members.
Sec. 70505. Working groups.
Sec. 70506. Definitions.
TITLE VI—DEPARTMENT OF THE INTERIOR CORAL REEF
AUTHORITIES
Sec. 70601. Coral reef conservation and restoration assistance.
TITLE VII—SUSAN L. WILLIAMS NATIONAL CORAL REEF
MANAGEMENT FELLOWSHIP
Sec. 70701. Definitions.
Sec. 70702. Establishment of fellowship program.
Sec. 70703. Fellowship awards.
Sec. 70704. Authorization of appropriations.
TITLE VIII—BUY AMERICAN SEAFOOD
Sec. 70801. Sense of Congress.
Sec. 70802. Caught in the USA.
TITLE IX—INSULAR AFFAIRS
Sec. 70901. Ocean and Coastal Mapping Integration Act.
TITLE X—STUDIES AND REPORTS
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Sec. 71001. Deep sea mining.
Sec. 71002. National Academies assessment of oceanic blue carbon.
Sec. 71003. National Academies assessment of oil spills and plastic ingestion
on sea life.
Sec. 71004. Offshore aquaculture.
Sec. 71005. Expanding opportunities to increase the diversity, equity, and in-
clusion of highly skilled science, technology, engineering, and
mathematics (‘‘STEM’’) professionals in ocean research and
development.
Sec. 71006. Study on effects of 6PPD-quinone.
TITLE XI—MISCELLANEOUS
Sec. 71101. Law enforcement attache deployment.
Sec. 71102. Lacey Act amendments.
Sec. 71103. Shark fin sales elimination.
Sec. 71104. Offshore wind energy deployment.
Sec. 71105. Shovel-ready restoration grants for coastlines and fisheries.
Sec. 71106. Leasing on the Outer Continental Shelf.
Sec. 71107. Tropical Forest and Coral Reef Conservation Reauthorization.
Sec. 71108. Prohibition on Sale of American Mink.
TITLE XII—BOLSTERING LONG-TERM UNDERSTANDING AND EX-
PLORATION OF THE GREAT LAKES, OCEANS, BAYS, AND ESTU-
ARIES
Sec. 71201. Purpose.
Sec. 71202. Sense of Congress.
Sec. 71203. Definition of Administrator.
Sec. 71204. Increased coordination among agencies with respect to data and
monitoring.
Sec. 71205. Technology innovation to combat illegal, unreported, and unregu-
lated fishing.
Sec. 71206. Workforce study.
Sec. 71207. Accelerating innovation at Cooperative Institutes.
Sec. 71208. Ocean Innovation Prize and prioritization.
Sec. 71209. Reauthorization of NOAA programs.
Sec. 71210. Blue Economy valuation.
Sec. 71211. Advanced Research Projects Agency–Oceans.
TITLE XIII—CLIMATE CHANGE EDUCATION
Sec. 71301. Findings.
Sec. 71302. Definitions.
Sec. 71303. Climate Change Education Program.
Sec. 71304. Grant program.
Sec. 71305. Report.
Sec. 71306. Authorization of appropriations.
TITLE XIV—OFFICE OF EDUCATION TECHNOLOGY TO SUPPORT
THE BUREAU OF INDIAN EDUCATION
Sec. 71401. Updating Bureau of Indian Affairs programs.
Sec. 71402. Establishment for the Office of Education Technology to support
the Bureau of Indian Education.
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TITLE XV—PUBLIC LAND RENEWABLE ENERGY DEVELOPMENT
ACT
Sec. 71501. Definitions.
Sec. 71502. Land use planning; updates to programmatic environmental impact
statements.
Sec. 71503. Limited grandfathering.
Sec. 71504. Disposition of revenues.
Sec. 71505. Savings.
TITLE XVI—INCREASING COMMUNITY ACCESS TO RESILIENCY
GRANTS
Sec. 71601. Centralized website for resiliency grants.
TITLE XVII—KEEP AMERICA’S WATERFRONTS WORKING
Sec. 71701. Working Waterfronts Grant Program.
TITLE XVIII—BLUE CARBON FOR OUR PLANET
Sec. 71801. Interagency working group.
Sec. 71802. National map of coastal blue carbon ecosystems.
Sec. 71803. Restoration and protections for existing coastal blue carbon eco-
systems.
Sec. 71804. NAS assessment of containment of carbon dioxide in deep seafloor
environment.
Sec. 71805. Authorization of appropriations.
Sec. 71806. Definitions.
TITLE XIX—ELIMINATE, NEUTRALIZE, AND DISRUPT WILDLIFE
TRAFFICKING REAUTHORIZATION AND IMPROVEMENTS
Sec. 71901. Sense of Congress.
Sec. 71902. Definitions.
Sec. 71903. Framework for interagency response and reporting.
Sec. 71904. Funding safeguards.
Sec. 71905. Issuance of subpoenas in wildlife trafficking civil penalty enforce-
ment actions.
DIVISION I—COMMITTEE ON THE JUDICIARY
TITLE I—SUBCOMMITTEE ON COURTS, INTELLECTUAL
PROPERTY, AND THE INTERNET
Sec. 80101. Basic Research.
Sec. 80102. Collection of demographic information for patent inventors.
Sec. 80103. Stopping harmful offers on platforms by screening against fakes in
e-commerce.
TITLE II—SUBCOMMITTEE ON ANTITRUST, COMMERCIAL AND
ADMINISTRATIVE LAW
Sec. 80201. Premerger notification filing fees.
Sec. 80202. Authorization of appropriations.
Sec. 80203. Mergers involving foreign government subsidies.
TITLE III—IMMIGRATION PROVISIONS
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Sec. 80301. W visas.
Sec. 80302. Start-up entities; nonimmigrant entrepreneurs and employees.
Sec. 80303. Advanced degree stem graduates.
Sec. 80304. Conforming amendments.
Sec. 80305. Rulemaking.
Sec. 80306. Reciprocal visas for nationals of South Korea.
Sec. 80307. Special immigrant visas for certain Fulbright scholars.
Sec. 80308. Citizenship for certain children born outside the United States.
Sec. 80309. Foreign Corruption Accountability.
TITLE IV—ADMISSION OF ESSENTIAL SCIENTISTS AND
TECHNICAL EXPERTS
Sec. 80401. Admission of essential scientists and technical experts to promote
and protect National Security Innovation Base.
TITLE V—CRIMINAL PROVISIONS
Sec. 80501. Justice for Victims of Kleptocracy.
TITLE VI—OTHER MATTERS
Sec. 80601. Registration of agent.
DIVISION J—COMMITTEE ON EDUCATION AND LABOR
TITLE I—NATIONAL APPRENTICESHIP ACT OF 2022
Sec. 90101. Short title.
Sec. 90102. Effective date.
Sec. 90103. Amendment.
Sec. 90104. Conforming amendments.
TITLE II—ELEMENTARY AND SECONDARY EDUCATION
Sec. 90201. Postsecondary stem pathways grants.
Sec. 90202. Improving access to elementary and secondary computer science
education.
TITLE III—HIGHER EDUCATION
Sec. 90301. Reauthorization of international education programs under title VI
of the Higher Education Act of 1965.
Sec. 90302. Confucius Institutes.
Sec. 90303. Sustaining the Truman Foundation and the Madison Foundation.
Sec. 90304. Disclosures of foreign gifts and contracts at institutions of higher
education.
Sec. 90305. Eliminating short-term education loan programs; job training Fed-
eral Pell grants; technical corrections.
Sec. 90306. College transparency.
TITLE IV—IMPACT ACT
Sec. 90401. Telecommunications workforce training grant program.
TITLE V—BUILDING U.S. INFRASTRUCTURE BY LEVERAGING
DEMANDS FOR SKILLS (BUILDS)
Sec. 90501. Definitions.
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Sec. 90502. Grants authorized.
Sec. 90503. Application.
Sec. 90504. Eligible activities.
Sec. 90505. Administration by the Secretary.
Sec. 90506. Authorization of appropriations.
Sec. 90507. Special rule.
TITLE VI—DR. DAVID SATCHER CYBERSECURITY EDUCATION
GRANT PROGRAM
Sec. 90601. Dr. David Satcher cybersecurity education grant program.
TITLE VII—CRITICAL SUPPLY CHAIN SECTORS APPRENTICESHIPS
GRANTS
Sec. 90701. Grant requirements.
TITLE VIII—AI JOBS ACT OF 2021
Sec. 90801. Sense of Congress.
Sec. 90802. Report on artificial intelligence.
Sec. 90803. Definitions.
TITLE IX—SUPPORTING APPRENTICESHIP COLLEGES ACT OF
2021
Sec. 90901. Community outreach grant program.
Sec. 90902. Student support grant program for expanded academic advising.
Sec. 90903. Definitions.
DIVISION K—MATTERS RELATING TO TRADE
Sec. 100001. Short title.
TITLE I—TRADE ADJUSTMENT ASSISTANCE
Sec. 101001. Short title.
Sec. 101002. Application of provisions relating to trade adjustment assistance.
Subtitle A—Trade Adjustment Assistance for Workers
Sec. 101101. Filing petitions.
Sec. 101102. Group eligibility requirements.
Sec. 101103. Application of determinations of eligibility to workers employed by
successors-in-interest.
Sec. 101104. Provision of benefit information to workers.
Sec. 101105. Qualifying requirements for workers.
Sec. 101106. Modification to trade readjustment allowances.
Sec. 101107. Automatic extension of trade readjustment allowances.
Sec. 101108. Employment and case management services.
Sec. 101109. Training.
Sec. 101110. Job search, relocation, and child and other dependent care allow-
ances.
Sec. 101111. Agreements with States.
Sec. 101112. Reemployment trade adjustment assistance program.
Sec. 101113. Extension of trade adjustment assistance to public agency work-
ers.
Sec. 101114. Definitions.
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Sec. 101115. Requirements for certain territories.
Sec. 101116. Subpoena power.
Subtitle B—Trade Adjustment Assistance for Firms
Sec. 101201. Petitions and determinations.
Sec. 101202. Approval of adjustment proposals.
Sec. 101203. Technical assistance.
Sec. 101204. Definitions.
Sec. 101205. Plan for sustained outreach to potentially-eligible firms.
Subtitle C—Trade Adjustment Assistance for Communities and Community
Colleges
Sec. 101301. Trade adjustment assistance for communities.
Sec. 101302. Trade adjustment assistance for community colleges and career
training.
Subtitle D—Trade Adjustment Assistance for Farmers
Sec. 101401. Definitions.
Sec. 101402. Group eligibility requirements.
Sec. 101403. Benefit information to agricultural commodity producers.
Sec. 101404. Qualifying requirements and benefits for agricultural commodity
producers.
Subtitle E—Authorizations of Appropriations and Other Matters
Sec. 101501. Extension of trade adjustment assistance program.
Sec. 101502. Applicability of trade adjustment assistance provisions.
Subtitle F—Health Care Tax Credit
Sec. 101601. Permanent credit for health insurance costs.
TITLE II—IMPROVEMENTS TO TRADE REMEDIES LAWS
Subtitle A—Successive Investigations
Sec. 102001. Establishment of special rules for determination of material in-
jury in the case of successive antidumping and countervailing
duty investigations.
Sec. 102002. Initiation of successive antidumping and countervailing duty in-
vestigations.
Sec. 102003. Issuance of determinations with respect to successive antidumping
and countervailing duty investigations.
Subtitle B—Responding to Market Distortions
Sec. 102101. Addressing cross-border subsidies in countervailing duty inves-
tigations.
Sec. 102102. Modification of definition of ordinary course of trade to specify
that an insufficient quantity of foreign like products constitutes
a situation outside the ordinary course of trade.
Sec. 102103. Modification of adjustments to export price and constructed ex-
port price with respect to duty drawback.
Sec. 102104. Modification of determination of constructed value to include dis-
tortions of costs that occur in foreign countries.
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Sec. 102105. Special rules for calculation of cost of production and constructed
value to address distorted costs.
Subtitle C—Preventing Circumvention
Sec. 102201. Modification of requirements in circumvention inquiries.
Sec. 102202. Requirement of provision by importer of certification by importer
or other party.
Sec. 102203. Clarification of authority for Department of Commerce regarding
determinations of class or kind of merchandise.
Sec. 102204. Asset requirements applicable to nonresident importers.
Subtitle D—Countering Currency Undervaluation
Sec. 102301. Investigation or review of currency undervaluation under counter-
vailing duty law.
Sec. 102302. Determination of benefit with respect to currency undervaluation.
Subtitle E—Preventing Duty Evasion
Sec. 102401. Limitation on protest against decisions of U.S. Customs and Bor-
der Protection of claims of evasion of antidumping and coun-
tervailing duty orders.
Sec. 102402. Procedures for investigating claims of evasion of safeguard ac-
tions.
Sec. 102403. Application of provisions relating to certain proprietary informa-
tion.
Subtitle F—General Provisions
Sec. 102501. Application to Canada and Mexico.
Sec. 102502. Repeal of the Softwood Lumber Act of 2008.
Sec. 102503. Enforcement actions relating to cheese subject to an in-quota rate
of duty.
Sec. 102504. Effective date.
TITLE III—IMPORT SECURITY AND FAIRNESS ACT
Sec. 103001. Short title.
Sec. 103002. Additional exceptions to exemptions for de minimis treatment
under the Tariff Act of 1930.
Sec. 103003. Additional administrative provisions relating to de minimis treat-
ment under the Tariff Act of 1930.
Sec. 103004. Effective date.
TITLE IV—NATIONAL CRITICAL CAPABILITIES REVIEWS
Sec. 104001. National critical capabilities reviews.
TITLE V—MODIFICATION AND EXTENSION OF GENERALIZED
SYSTEM OF PREFERENCES
Sec. 105001. Modification and extension of Generalized System of Preferences.
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Sec. 105002. United States International Trade Commission study.
TITLE VI—REAUTHORIZATION OF THE AMERICAN MANUFAC-
TURING COMPETITIVENESS ACT OF 2016 AND OTHER MATTERS
Sec. 106001. Reauthorization of american manufacturing competitiveness act of
2016.
Sec. 106002. Limitation on duty suspensions or reductions for finished goods.
Sec. 106003. Sense of Congress on United States commitment to the World
Trade Organization.
Sec. 106004. Authority of U.S. Customs and Border Protection to consolidate,
modify, or reorganize Customs revenue functions.
Sec. 106005. Prohibition on large scale transportation of sodium cyanide bri-
quettes for mining purposes in the United States.
TITLE VII—TEMPORARY DUTY SUSPENSIONS AND REDUCTIONS
Sec. 107001. Reference.
Subtitle A—New Duty Suspensions and Reductions
Sec. 107101. Shelled pine nuts.
Sec. 107102. Licorice extract.
Sec. 107103. Refined Carrageenan.
Sec. 107104. Irish dairy chocolate crumb.
Sec. 107105. Pepperoncini, preserved in vinegar.
Sec. 107106. Coconut water in PET bottles.
Sec. 107107. 9,11-Octadecadienoic acid.
Sec. 107108. Liquid galacto-oligosaccharides.
Sec. 107109. Beverage containing coconut water.
Sec. 107110. Animal feed additive containing guanidinoacetic acid.
Sec. 107111. Tungsten concentrate.
Sec. 107112. Piperylene.
Sec. 107113. Normal paraffin M (alkanes C10–C14).
Sec. 107114. Neodymium (Nd) metal.
Sec. 107115. Praseodymium (Pr) metal.
Sec. 107116. Heavy rare earth metals, dysprosium (Dy) metal and terbium
(Tb) metal.
Sec. 107117. Scandium crystal.
Sec. 107118. Hexafluorotitanic acid.
Sec. 107119. Silica gel cat litter with tray.
Sec. 107120. Dioxosilane spherical particles (mean particle size 0.046–0.054
mm).
Sec. 107121. Silica gel cat litter.
Sec. 107122. Sulfuryl dichloride.
Sec. 107123. FS-10D acicular electroconductive tin oxide.
Sec. 107124. Certain potassium fluoride.
Sec. 107125. Other potassium fluoride.
Sec. 107126. LiPF6.
Sec. 107127. LiPO2F2.
Sec. 107128. Ammonium fluoroborate.
Sec. 107129. Sodium tetrafluoroborate.
Sec. 107130. Ferric chloride.
Sec. 107131. Ferrous chloride.
Sec. 107132. Cupric chloride dihydrate.
Sec. 107133. Copper chloride anhydrous.
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Sec. 107134. Manganese chloride anhydrous.
Sec. 107135. Manganese chloride tetrahydrate.
Sec. 107136. Reducing agent.
Sec. 107137. Manganese carbonate.
Sec. 107138. Potassium tetraborate.
Sec. 107139. Potassium pentaborate.
Sec. 107140. Ammonium thiocyanate.
Sec. 107141. Modified amine complex of boron trifluoride.
Sec. 107142. Trichlorosilane.
Sec. 107143. 1,3-Dichloropropene.
Sec. 107144. Hexafluoroisobutylene (HFIB).
Sec. 107145. 1,1,1,2,2,3,3,4,4,5,5,6,6-Tridecafluoro-8-iodooctane.
Sec. 107146. Ethyl benzyl chloride.
Sec. 107147. Perfluoroalkyl sulfonate.
Sec. 107148. D-Mannitol.
Sec. 107149. 3,3,4,4,5,5,6,6,7,7,8,8,8-Tridecafluorooctan-1-ol.
Sec. 107150. Phenyl isopropanol.
Sec. 107151. Hydroxytyrosol.
Sec. 107152. 1,6-Dihydroxynaphthalene.
Sec. 107153. Antioxidant for plastics and rubber.
Sec. 107154. Toluhydroquinone (THQ).
Sec. 107155. 1,1,1-Tris(4-hydroxyphenyl)ethane.
Sec. 107156. mPEG6-mesylate.
Sec. 107157. Monoethylene glycol dimethyl ether.
Sec. 107158. Diethylene glycol dimethyl ether.
Sec. 107159. Diethylene glycol dibutyl ether.
Sec. 107160. Tetraethylene glycol dimethyl ether.
Sec. 107161. Glycol diether.
Sec. 107162. Diglycidyl resorcinol ether.
Sec. 107163. Allyl glycidyl ether.
Sec. 107164. Vinylcyclohexane monoxide.
Sec. 107165. Technical grade of butyl glycidyl ether.
Sec. 107166. Aliphatic glycidyl ether.
Sec. 107167. Diglycidyl ether of 1,4-butanediol.
Sec. 107168. Technical grade of the glycidyl ether of cyclohexane dimethanol.
Sec. 107169. Glycidyl ester of neodecanoic acid.
Sec. 107170. Cumaldehyde.
Sec. 107171. Cyprinal.
Sec. 107172. Sodium o-formylbenzenesulfonate.
Sec. 107173. Acetylacetone.
Sec. 107174. Acetyl propionyl.
Sec. 107175. Alpha ionone.
Sec. 107176. 2,3,4,5 Tetramethylcyclopent-2-enone.
Sec. 107177. Menthone.
Sec. 107178. L-Carvone.
Sec. 107179. Benzoin.
Sec. 107180. Methyl cyclopentenolone.
Sec. 107181. 2,4-Dihydroxy-1,5-dibenzoylbenzene.
Sec. 107182. Difluorobenzophenone (DFBP).
Sec. 107183. PTMI.
Sec. 107184. Metrafenone.
Sec. 107185. Hexachloroacetone.
Sec. 107186. Fire suppression agent.
Sec. 107187. D(+)-10-Camphor sulfonic acid.
Sec. 107188. Benzyl acetate.
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Sec. 107189. Propylene glycol diacetate.
Sec. 107190. Isopropenyl acetate.
Sec. 107191. Diacetin.
Sec. 107192. Cocoamine.
Sec. 107193. Caprylic acid 98%.
Sec. 107194. Fine zinc myristate powder.
Sec. 107195. Fine magnesium myristate powder.
Sec. 107196. Dipentaerythrityl hexahydroxystearate/hexastearate/hexarosinate.
Sec. 107197. Polyglyceryl-2 triisostearate.
Sec. 107198. Neopentyl glycol diethylhexanoate.
Sec. 107199. Isononyl isononate.
Sec. 107200. Acetyl chloride.
Sec. 107201. Potassium sorbate.
Sec. 107202. Vinyl chloroformate.
Sec. 107203. Permethrin.
Sec. 107204. Sodium benzoate.
Sec. 107205. Benzoic acid, flake.
Sec. 107206. Diethylene glycol dibenzoate.
Sec. 107207. Methyl benzoate.
Sec. 107208. M-Nitrobenzoic acid sodium salt.
Sec. 107209. p-Nitrobenzoic acid.
Sec. 107210. 4-tert Butylbenzoic acid.
Sec. 107211. Sodium adipate.
Sec. 107212. Dimethyl sebacate (DMS).
Sec. 107213. Dodecanedioic acid.
Sec. 107214. Polyhydroxystearic acid of low acid value.
Sec. 107215. Undecanedioic acid.
Sec. 107216. Hexadecanedioic acid.
Sec. 107217. Tetradecanedioic acid.
Sec. 107218. Pentadecanedioic acid.
Sec. 107219. Tridecanedioic acid.
Sec. 107220. Methyl 1-(methoxycarbonyl)cyclopropanecarboxylate (CPDM).
Sec. 107221. Calcium HHPA.
Sec. 107222. Diethyl phthalate.
Sec. 107223. Ammonium lactate.
Sec. 107224. Triethyl 2-hydroxypropane-1,2,3-tricarboxylate.
Sec. 107225. Diisostearyl malate.
Sec. 107226. Salicylic acid.
Sec. 107227. Hexyl salicylate.
Sec. 107228. Alpha-ketogluteric acid.
Sec. 107229. MCPB herbicide.
Sec. 107230. 2,4-D Butoxyethylester.
Sec. 107231. 2-(2,4-Dichlorophenoxy)acetic acid.
Sec. 107232. Diglycolic acid 98%.
Sec. 107233. Tri-iso-butyl phosphate (TiBP).
Sec. 107234. Trimethylphosphite.
Sec. 107235. Organic phosphite.
Sec. 107236. Diethyl sulfate.
Sec. 107237. Diethyl carbonate.
Sec. 107238. Ethyl methyl carbonate.
Sec. 107239. Tetradecoxycarbonyloxy tetradecyl carbonate.
Sec. 107240. Dicetyl peroxydicarbonate.
Sec. 107241. Tetraethyl silicate.
Sec. 107242. tert-Octylamine.
Sec. 107243. Octadecylamine.
•HR 4521 EH
28
Sec. 107244. N′-(3-Aminopropyl)-N′-dodecylpropane-1,3-diamine.
Sec. 107245. 1,10-Diaminodecane.
Sec. 107246. 1,5-Pentanediamine.
Sec. 107247. Dicyclohexylamine.
Sec. 107248. Amantadine hydrochloride 99%.
Sec. 107249. N,N-Dimethylaniline.
Sec. 107250. Paranitroaniline (PNA).
Sec. 107251. Dicloran.
Sec. 107252. N,N-Dimethyl-p-toluidine.
Sec. 107253. Pendimethalin technical.
Sec. 107254. Benzyldimethylamine.
Sec. 107255. Diphenyl diphenylene diamine.
Sec. 107256. Curative for epoxy resin systems.
Sec. 107257. TFMB.
Sec. 107258. S-N-Alkyl-anilin.
Sec. 107259. p-Cresidine.
Sec. 107260. Iminodiacetic acid.
Sec. 107261. 11 Aminoundecanoic acid.
Sec. 107262. L-Orinithine L-aspartate.
Sec. 107263. Iron sodium DTPA.
Sec. 107264. Iron glycinate complex.
Sec. 107265. Copper glycinate complex.
Sec. 107266. Zinc glycinate complex.
Sec. 107267. Manganese glycinate complex.
Sec. 107268. Iron sodium EDDHA.
Sec. 107269. DMF-DMA.
Sec. 107270. Mixtures of DMSO and tetrabutyl ammonium fluoride.
Sec. 107271. Betaine.
Sec. 107272. Prolonium chloride in aqueous solution.
Sec. 107273. N,N-Dimethylacetamide.
Sec. 107274. N,N-Dimethylformamide.
Sec. 107275. DAAM.
Sec. 107276. L-Alanyl L-glutamine.
Sec. 107277. Granular acrylamido-tert-butyl sulfonic acid (ATBS).
Sec. 107278. Glycyl-L-glutamine hydrate.
Sec. 107279. Noviflumuron.
Sec. 107280. Propanil technical.
Sec. 107281. Hexaflumuron.
Sec. 107282. Stabilizer for plastics and rubber.
Sec. 107283. 2-Amino-5-chloro-N,3-dimethylbenzamide.
Sec. 107284. Glycyl-L-tyrosine dihydrate.
Sec. 107285. L-Alanyl-L-tyrosine.
Sec. 107286. Enzalutamide ITS-2.
Sec. 107287. 4-Bromo-2-fluoro-N-methylbenzamide.
Sec. 107288. N-Boc-1-aminocyclobutanecarboxylic acid.
Sec. 107289. N′-(1,3-dimethylbutylidene)-3-hydroxy-2-naphthohydrazide
(BMH) (oil treated).
Sec. 107290. Guanidine sulfamate.
Sec. 107291. Liquid, blocked cycloaliphatic diamine used as crosslinker for
polyisocyanate resins.
Sec. 107292. 3,4-Difluorobenzonitrile.
Sec. 107293. 2-Amino-5-cyano-N,3-dimethylbenzamide.
Sec. 107294. TFMPA.
Sec. 107295. Dimethyl 2,2′-Azobisisobutyrate.
Sec. 107296. Antioxidant/metal deactivator.
•HR 4521 EH
29
Sec. 107297. Benzyl carbazate.
Sec. 107298. Benzene-1,3-dicarbohydrazide.
Sec. 107299. Input for resins, coatings, and other products.
Sec. 107300. Aldicarb.
Sec. 107301. Flubendiamide.
Sec. 107302. Benzobicyclon.
Sec. 107303. Diphenylsulfone (DPS).
Sec. 107304. Phenolic antioxidant.
Sec. 107305. Phenolic antioxidant and heat stabilizer.
Sec. 107306. Phenylchlorothioformate (PTCFM).
Sec. 107307. Methylene bis thiocyanate.
Sec. 107308. Oxamyl.
Sec. 107309. L-Cystine.
Sec. 107310. L-Cysteine.
Sec. 107311. N,N′-Bis-L-alanyl-L-cystine.
Sec. 107312. Lubricant additive.
Sec. 107313. Sodium benzenesulfinate.
Sec. 107314. Thio-ether based co-stabilizer for plastics.
Sec. 107315. L-Cysteine hydrate hydrochloride.
Sec. 107316. Dimercaprol.
Sec. 107317. Monoammonium salt of glyphosate.
Sec. 107318. THPC.
Sec. 107319. Flame retardant for textiles.
Sec. 107320. Glyphosate.
Sec. 107321. Ethephon.
Sec. 107322. Benzene phosphinic acid.
Sec. 107323. HEDP.
Sec. 107324. Trimethylchlorosilane.
Sec. 107325. Chloro-(chloromethyl)-dimethylsilane.
Sec. 107326. Silicone for electronics cleaners.
Sec. 107327. Silicon carrier fluid for active lotions, creams.
Sec. 107328. Vinyltrimethoxysilane.
Sec. 107329. n-Octyltriethoxysilane.
Sec. 107330. Dimethylbis(s-butylamino)silane.
Sec. 107331. Aqueous solution of potassium methyl siliconate.
Sec. 107332. Octyltrimethoxysilane.
Sec. 107333. Octlytriethoxysilane.
Sec. 107334. Methyltris(sec-butylamino)silane.
Sec. 107335. Methyltris(methylethylketoximino)silane (MOS).
Sec. 107336. Heptamethyltrisiloxane.
Sec. 107337. Tetramethyldisiloxane.
Sec. 107338. Dimethylchlorosilane.
Sec. 107339. Dichloromethylsilane.
Sec. 107340. Tris(TFP)-methylcyclo-trisiloxane DR.
Sec. 107341. Tetravinyltetramethylcyclotetrasiloxane.
Sec. 107342. Divinyltetramethyldisiloxane.
Sec. 107343. Input for plant protection agent.
Sec. 107344. Strawberry furanone.
Sec. 107345. Emamectin benzoate.
Sec. 107346. Gibberellic acid.
Sec. 107347. Rose oxide.
Sec. 107348. Vinylene carbonate.
Sec. 107349. Kasugamycin technical.
Sec. 107350. 2H-Cyclododeca[b]pyran.
Sec. 107351. Bixafen.
•HR 4521 EH
30
Sec. 107352. Fluxapyroxad.
Sec. 107353. 3,5 Dimethylpyrazole.
Sec. 107354. Pyraclonil.
Sec. 107355. Imidazolidinyl urea.
Sec. 107356. Allantoin.
Sec. 107357. Emulsifiable concentrate of Imazalil fungicide.
Sec. 107358. Technical cyazofamid fungicide.
Sec. 107359. Imazalil sulfate.
Sec. 107360. 1,2-Dimethylimidazole.
Sec. 107361. 2-Methylimidazole flakes.
Sec. 107362. Diazolidinyl urea.
Sec. 107363. 1-(2-Aminoethyl)imidazolidin-2-one (AEEU).
Sec. 107364. Zinc pyrithione.
Sec. 107365. Technical Pyriofenone fungicide.
Sec. 107366. Picoxystrobin.
Sec. 107367. Triclopyr BEE.
Sec. 107368. Imazapyr.
Sec. 107369. Tetraniliprole.
Sec. 107370. Cyantraniliprole.
Sec. 107371. Chlorantraniliprole.
Sec. 107372. Chlorpyrifos.
Sec. 107373. Technical Cyclaniliprole insecticide.
Sec. 107374. Regorafenib.
Sec. 107375. N-Butyl-TAD.
Sec. 107376. Hindered amine light stabilizer and phenolic antioxidant.
Sec. 107377. 4-Hydroxy-TEMPO.
Sec. 107378. 2,2,6,6-tetramethylpiperidin-4-ol (TMP).
Sec. 107379. 5-Bromo-2-(3-chloropyridin-2-yl)pyrazole-3-carboxylic acid.
Sec. 107380. 2-Chloro-5-(trifluoromethyl)pyridine.
Sec. 107381. Picarbutrox.
Sec. 107382. 5-amino-3-(trifluromethyl) picolinonitrile (T3630).
Sec. 107383. Dextromethorphan hydrobromide.
Sec. 107384. Ipflufenoquin.
Sec. 107385. THQ.
Sec. 107386. Pyrithiobac sodium.
Sec. 107387. Larotrectinib sulfate.
Sec. 107388. Ibrutinib.
Sec. 107389. Orthosulfamuron.
Sec. 107390. 5-Bromopyrimidine.
Sec. 107391. Butylthion.
Sec. 107392. P-1062.
Sec. 107393. Carfentrazone Technical.
Sec. 107394. UV absorber 928.
Sec. 107395. UV absorber for industrial coatings.
Sec. 107396. Uniconazole-P.
Sec. 107397. VcMMAE.
Sec. 107398. UVA 360.
Sec. 107399. Trofinetide.
Sec. 107400. Flurazole.
Sec. 107401. Oxathiapiprolin.
Sec. 107402. Certain antimicrobial.
Sec. 107403. Rubber accelerator.
Sec. 107404. 2-Amino benzothiazole.
Sec. 107405. Technical Isofetamid fungicide.
Sec. 107406. Clomazone Technical.
•HR 4521 EH
31
Sec. 107407. NEM salt.
Sec. 107408. AMTC wet cake.
Sec. 107409. Photoinitiator 369.
Sec. 107410. Isatoic anhydride.
Sec. 107411. Oclacitinib maleate.
Sec. 107412. Thiencarbazone-methyl.
Sec. 107413. Penoxsulam technical herbicide.
Sec. 107414. Ethyl 2-sulfamoylbenzoate.
Sec. 107415. Sulfosulfuron.
Sec. 107416. Pyrimisulfan.
Sec. 107417. Purified steviol glycoside, rebaudioside A.
Sec. 107418. Glucosylated steviol glycosides.
Sec. 107419. Hydroxypropyl gamma cyclodextrin.
Sec. 107420. Hydroxypropylated beta cyclodextrin.
Sec. 107421. Methyl beta cyclodextrin.
Sec. 107422. 2′-Fucosyllactose.
Sec. 107423. Ascorbyl glucoside.
Sec. 107424. Dimethylamine borane (DMAB).
Sec. 107425. Elderberry extract concentrate.
Sec. 107426. Disperse Yellow 241.
Sec. 107427. Disperse Orange.
Sec. 107428. Mixtures of Disperse Yellow FD11843 and acetic acid.
Sec. 107429. Disperse Blue 54.
Sec. 107430. Mixtures of several disperse dyes.
Sec. 107431. Mixtures of 4 disperse blue dyes.
Sec. 107432. Mixtures of 4 dyes.
Sec. 107433. Disperse Red 86.
Sec. 107434. Disperse Violet 1.
Sec. 107435. Disperse Blue 60.
Sec. 107436. Mixtures of Disperse Orange 29, Disperse Red 167:1, and Dis-
perse Blue 56.
Sec. 107437. Disperse Yellow 54.
Sec. 107438. Acid Violet 48.
Sec. 107439. Acid Blue 280.
Sec. 107440. Acid Brown 282.
Sec. 107441. Acid Red 131.
Sec. 107442. Acid Red 249.
Sec. 107443. Acid Yellow 236.
Sec. 107444. Acid Red 407.
Sec. 107445. Acid Yellow 220.
Sec. 107446. Acid Yellow 232.
Sec. 107447. Acid Yellow 235.
Sec. 107448. Acid Yellow 151.
Sec. 107449. Acid Violet 43.
Sec. 107450. Acid Black 52.
Sec. 107451. Acid Black 2.
Sec. 107452. Acid Green 25.
Sec. 107453. Basic Brown 23.
Sec. 107454. Basic Violet 11:1 rhodamine dye.
Sec. 107455. Basic Yellow 37.
Sec. 107456. Basic Violet 3.
Sec. 107457. Direct Orange 118.
Sec. 107458. Direct Blue 86.
Sec. 107459. Direct Blue 199.
Sec. 107460. Direct Black 168.
•HR 4521 EH
32
Sec. 107461. Direct Red 227.
Sec. 107462. Direct Yellow 107.
Sec. 107463. Direct Green 26.
Sec. 107464. Direct Yellow 11.
Sec. 107465. Direct Orange 15.
Sec. 107466. Direct Brown 44.
Sec. 107467. Direct Red 81.
Sec. 107468. Direct Yellow 142.
Sec. 107469. Direct Red 80.
Sec. 107470. Direct Red 16.
Sec. 107471. Direct Red 254.
Sec. 107472. Colorant.
Sec. 107473. Direct Yellow 34.
Sec. 107474. Vat Orange 2 dye powder.
Sec. 107475. Vat Violet 13 dye.
Sec. 107476. Vat Brown 3 dye.
Sec. 107477. Vat Red 10 dye powder.
Sec. 107478. Vat Brown 57 dye.
Sec. 107479. Vat Red 31 dye powder.
Sec. 107480. Dye mixtures of Vat Brown 3 and Vat Black 27.
Sec. 107481. Vat Red 13.
Sec. 107482. Vat Yellow 2 dye powder.
Sec. 107483. Vat Yellow 33 dye.
Sec. 107484. Vat Green 1 dye.
Sec. 107485. Vat Green 3.
Sec. 107486. Vat Blue 6 dye.
Sec. 107487. Vat Blue 20 dye.
Sec. 107488. Vat Violet 1.
Sec. 107489. Vat Brown 1 dye.
Sec. 107490. Vat Black 16 dye.
Sec. 107491. Vat Black 25.
Sec. 107492. Vat Black 27.
Sec. 107493. Reactive Yellow 145.
Sec. 107494. Reactive Red 195.
Sec. 107495. Reactive Blue 49.
Sec. 107496. Reactive Blue 72.
Sec. 107497. Reactive Yellow 95 powder.
Sec. 107498. Reactive Red 245.
Sec. 107499. Reactive Brown 11.
Sec. 107500. Mixtures of Reactive Black 5 (Na) (FKP), Reactive Scarlet
F01–0439, and Reactive Orange 131.
Sec. 107501. Reactive Yellow F98–0159.
Sec. 107502. Dye mixtures of Reactive Orange 131 and Reactive Scarlet F07–
0522.
Sec. 107503. Reactive Black 31.
Sec. 107504. Reactive Red 120.
Sec. 107505. Reactive Blue 5.
Sec. 107506. Reactive Orange 13.
Sec. 107507. Reactive Orange 12.
Sec. 107508. Pigment Red 177.
Sec. 107509. Pigment Yellow 110.
Sec. 107510. Pigment Yellow 147.
Sec. 107511. Pigment Orange 64.
Sec. 107512. Pigment Blue 29.
Sec. 107513. Pigment Violet 15.
•HR 4521 EH
33
Sec. 107514. Pigment Blue 14.
Sec. 107515. Solvent Blue 97.
Sec. 107516. Solvent Green 5.
Sec. 107517. Solvent Yellow 98.
Sec. 107518. Solvent Green 7.
Sec. 107519. Solvent Red 195.
Sec. 107520. Solvent Orange 115.
Sec. 107521. Specialty dyes.
Sec. 107522. Solvent Green 3.
Sec. 107523. Solvent Blue 36.
Sec. 107524. Mixtures of Solvent Green 3.
Sec. 107525. Solvent Red 52.
Sec. 107526. Solvent Red 149.
Sec. 107527. Solvent Red 207.
Sec. 107528. Solvent Violet 14.
Sec. 107529. Solvent Yellow 179.
Sec. 107530. Solvent Yellow 131.
Sec. 107531. Hogen Blue XB-20.
Sec. 107532. Solvent Yellow 104.
Sec. 107533. Combination of Fluorescent Brighteners 367 and 371.
Sec. 107534. Fluorescent Brightener CBS-X.
Sec. 107535. Optical Brightener SWN.
Sec. 107536. C.I. Fluorescent Brightener 199:1.
Sec. 107537. Fluorescent Brightener 368.
Sec. 107538. 1,4-Bis(2-cyanostyryl)benzene.
Sec. 107539. Certain manufacturing inputs.
Sec. 107540. Cerium sulfide pigments.
Sec. 107541. Matte pearlescent pigments.
Sec. 107542. Angle-dependent interference pigments.
Sec. 107543. Inorganic Lumilux.
Sec. 107544. Ribbon/Matrix Resin.
Sec. 107545. Bonding agent 2005.
Sec. 107546. Fluoropolymer resin.
Sec. 107547. Zirconium 12 paint drier.
Sec. 107548. Zirconium 24 paint drier.
Sec. 107549. Drier accelerators.
Sec. 107550. Lemon oil.
Sec. 107551. Sulfonic acids, C14–17-sec-alkane, sodium salt.
Sec. 107552. Potassium ethyl octylphosphonate.
Sec. 107553. Intermediate in the production of industrial lubricants.
Sec. 107554. Polyether dispersant.
Sec. 107555. D-Glucopyranose.
Sec. 107556. 2-Dodecoxy-6-(hydroxymethyl)oxane-3,4,5-triol.
Sec. 107557. Mixtures of certain C12–14-alkyl ethers.
Sec. 107558. Manufacturing chemical.
Sec. 107559. Nonionic surfactant.
Sec. 107560. Chemical used in textile manufacturing.
Sec. 107561. Ethoxylated tristyrylphenol phosphate potassium salt.
Sec. 107562. Sodium polycarboxylate, aqueous solution.
Sec. 107563. Aqueous emulsion of a mixture of amine soaps and miscellaneous
other additives.
Sec. 107564. Aqueous dispersion of a mixture of fatty amine and amide soaps
and miscellaneous other additives.
Sec. 107565. Aqueous dispersion of a mixture of fatty amine and amide soaps
and miscellaneous other additives.
•HR 4521 EH
34
Sec. 107566. Photographic gelatin.
Sec. 107567. Ice fountains (class 1.4G).
Sec. 107568. Magic candles containing magnesium powder.
Sec. 107569. Party snappers (Class 1.4G).
Sec. 107570. Fenpyroximate 5SC.
Sec. 107571. Pyrifluquinazon 20SC.
Sec. 107572. Imidacloprid and Muscalure formulations.
Sec. 107573. Formulations of acephate and bifenthrin.
Sec. 107574. Fipronil.
Sec. 107575. Aluminum phosphide.
Sec. 107576. Magnaphos formulations.
Sec. 107577. Formulated oxamyl.
Sec. 107578. Formulated fungicides.
Sec. 107579. Certain fungicides.
Sec. 107580. Prothioconazole, Fluopyram, and Trifloxystrobin fungicides.
Sec. 107581. Prothioconazole, Metalaxyl, and Tebuconazole fungicides.
Sec. 107582. Mancozeb and Chlorothalonil formulations.
Sec. 107583. Mixtures of Picarbutrox and application adjuvants.
Sec. 107584. Mixtures of Tetraconazole and application adjuvants.
Sec. 107585. Mancozeb and Azoxystrobin formulations.
Sec. 107586. Mixtures of Cymoxanil and fumed dioxosilane.
Sec. 107587. Microthiol formulations.
Sec. 107588. Formulations of thiencarbazone-methyl, Iodosulfuron-methyl-so-
dium, and dicamba.
Sec. 107589. Thiencarbazone-methyl, Isoxadifenethyl, and Tembotrione herbi-
cides.
Sec. 107590. Herbicides used on grasses.
Sec. 107591. Thiencarbazone-methyl, Isoxaflutole, and Cyprosulfamide herbi-
cides.
Sec. 107592. Thiencarbazone-methyl and Iodosulfuron-methylsodium herbi-
cides.
Sec. 107593. Thiencarbazone-methyl and Mefenpyr-diethyl herbicides.
Sec. 107594. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 107595. Tribenuron-methyl formulations.
Sec. 107596. Chlorsulfuron and metsulfuron-methyl formulations.
Sec. 107597. Thifensulfuron-methyl and Fluroxypyr formulations.
Sec. 107598. Aciflurofen formulations.
Sec. 107599. S-Metolachlor and Mestrione herbicides.
Sec. 107600. Metribuzin formulations.
Sec. 107601. Pendimethaline and Metribuzine formulations.
Sec. 107602. Formulations of S-Metolachlor and Metribuzin.
Sec. 107603. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 107604. Metsulfuron-methyl formulations.
Sec. 107605. Chlorimuron-ethyl formulations.
Sec. 107606. Mixtures of Bromoxynil octanoate and Bromoxynil heptanoate.
Sec. 107607. Sulfometuron-methyl and Metsulfuron-methyl formulations.
Sec. 107608. Chlorimuron-ethyl and Tribenuron-methyl formulations.
Sec. 107609. Formulations containing Tiafenacil.
Sec. 107610. Diuron 80.
Sec. 107611. Flazasulfuron herbicides.
Sec. 107612. Thifensulfuron-methyl formulations.
Sec. 107613. Herbicide for farm and ranch use.
Sec. 107614. Propanil formulations.
Sec. 107615. Thifensulfuron formulations.
Sec. 107616. Tolpyralate and Nicosulfuron herbicides.
•HR 4521 EH
35
Sec. 107617. Mixtures of magnesium salts and application adjuvants.
Sec. 107618. Nisin formulations.
Sec. 107619. Certain fixatives.
Sec. 107620. Fuel oil additives: cold flow improvers containing poly(ethylene-
co-ethenyl acetate).
Sec. 107621. Fuel oil additives: cold flow improvers containing fumarate vinyl
acetate co-polymer.
Sec. 107622. Crude oil additives: cold flow improvers containing fumarate
vinyl acetate copolymer.
Sec. 107623. Pour point depressants.
Sec. 107624. Fuel oil additives: cold flow improvers containing poly (ethylene-
co-ethenyl acetate and vinyl 2-ethyl hexanoate).
Sec. 107625. Poly(isobutylene) hydroformylation products.
Sec. 107626. Input for rubber products.
Sec. 107627. Mixtures of oligomers as general antioxidants for rubber tires.
Sec. 107628. Benzene, 2,4-diisocyanato-1,3,5-tris(1-methylethyl)-,
homopolymer.
Sec. 107629. Aromatic amine antioxidants.
Sec. 107630. Antioxidant blends.
Sec. 107631. Antioxidant blends to protect polymers.
Sec. 107632. Synthetic hydrotalcite coated with fatty acid and magnesium ste-
arate.
Sec. 107633. Silica scorch retarders and polymerization inhibitors.
Sec. 107634. Synthetic hydrotalcite.
Sec. 107635. Light stabilizers for construction products.
Sec. 107636. Light stabilizer for plastics.
Sec. 107637. Preparations of bis(2,4–dichlorobenzoyl) peroxide 50 percent
paste.
Sec. 107638. Distilled tall oils.
Sec. 107639. Pyridine, alkyl derivatives.
Sec. 107640. Polyisocyanate crosslinking agents.
Sec. 107641. Bonding agent mixtures.
Sec. 107642. Liquid, chemically modified amine complex of boron trifluoride.
Sec. 107643. Phthalocyanine derivative.
Sec. 107644. Mixtures of Cocamidopropyl betaine, glycol distearate, Laureth-
4, and water.
Sec. 107645. Mixtures of tall oil mono-, di-, and triglycerides.
Sec. 107646. Tallow-bis(2-hydroxyethyl) amines.
Sec. 107647. Additive mixtures for metalworking fluids.
Sec. 107648. Naphthenic acids.
Sec. 107649. Hydroxytyrosol powders.
Sec. 107650. Secondary alcohol ethoxylates.
Sec. 107651. Ethylene glycol dimerate.
Sec. 107652. Two-part liquid silicone kits.
Sec. 107653. Hydrophobic precipitated silica.
Sec. 107654. Silane, trimethoxyoctyl-, hydrolysis products.
Sec. 107655. 1,1,1-Trimethyl-N-(trimethylsilyl)silanamine hydrolysis products.
Sec. 107656. Waterborne epoxy curing agents.
Sec. 107657. Preparations based on 1-phenylicosane-1,3-dione.
Sec. 107658. Mixtures of 2-Mercaptopropionic acid, methyl ester, O-ethyl
dithiocarbonate.
Sec. 107659. Epoxy curing agents.
Sec. 107660. Aliphatic amine curing agents.
Sec. 107661. Non-halogenated flame retardants.
Sec. 107662. Ligaphob N 90.
•HR 4521 EH
36
Sec. 107663. Organomodified siloxane.
Sec. 107664. Methyl palmitate-stearate, hydrogenated.
Sec. 107665. Olfine E1010.
Sec. 107666. Certain non-halogenated flame retardants.
Sec. 107667. Flame retardants.
Sec. 107668. Preparations based on acetyl hexapeptide-8 and pentapeptide-18.
Sec. 107669. Lithium silicon oxide.
Sec. 107670. Branched olefin from propylene polymerization.
Sec. 107671. Polypropylene pellets.
Sec. 107672. Propylene-ethylene copolymer.
Sec. 107673. Ethylene-propylene copolymers.
Sec. 107674. Benzene alkylated with polypropylene.
Sec. 107675. Chlorinated polyolefin.
Sec. 107676. Adsorbent resin.
Sec. 107677. Vinyl chloride-hydroxypropyl acrylate copolymer.
Sec. 107678. Vinyl chloride ethylene copolymer with hydrophic properties.
Sec. 107679. Fluids with boiling points above 170 °C.
Sec. 107680. Formulations of functionalized perfluoropolyether.
Sec. 107681. Perfluoropolyether-urethane acrylate.
Sec. 107682. PVDF homopolymer/PVDF/CTFE copolymer mixtures.
Sec. 107683. Chemically modified PVDF.
Sec. 107684. Fluoropolymer, fluoroethylene-alkyl vinylether alternative copoly-
mers.
Sec. 107685. Copolymer of vinyl acetate and higher vinyl esters.
Sec. 107686. Food-grade vinyl acetate copolymer.
Sec. 107687. Vinyl chloride ethylene with enhanced properties.
Sec. 107688. Vinyl acetate ethylene copolymer with enhanced properties.
Sec. 107689. Food-grade polyvinyl acetate homopolymers.
Sec. 107690. Acrylic acid/vinylsulphonate random copolymers.
Sec. 107691. Poly(methyl methacrylate) microspheres.
Sec. 107692. Methyl methacrylate crosspolymer microspheres.
Sec. 107693. Styrene acrylate copolymer with enhanced properties.
Sec. 107694. Copolymer for dental use.
Sec. 107695. Vinyl phosphonic acid, acrylic acid copolymer, 20 percent solu-
tion in water.
Sec. 107696. Polyacrylate 33.
Sec. 107697. AA/AMPS copolymer.
Sec. 107698. Flocculant dry polyacrylamides.
Sec. 107699. Sorbitol, propylene oxide, ethylene oxide polymer.
Sec. 107700. Trimethoxysilylpropylcarbamate-terminated polyether.
Sec. 107701. Dimethoxy(methyl)silylmethylcarbamate-terminated polyether.
Sec. 107702. Curing agent is used in two- or three-parts epoxy systems.
Sec. 107703. Polyethylene glycol 450.
Sec. 107704. Medicinal intermediate for investigational use.
Sec. 107705. Aqueous solutions of carboxylic acid-copolymer-salt in water.
Sec. 107706. Aqueous solutions of a modified polymer bearing hydrophilic and
hydrophobic groups.
Sec. 107707. Dimethylamine/epichlorohydrin/ethylenediamine copolymer.
Sec. 107708. Linear hydroxyl-terminated aliphatic polycarb diol.
Sec. 107709. Short hollow PET fibers.
Sec. 107710. Polytetrahydrofuran.
Sec. 107711. Crystalline polyesters.
Sec. 107712. Liquid crystal polymers.
Sec. 107713. Branched polyesters.
Sec. 107714. High molecular weight co-polyester.
•HR 4521 EH
37
Sec. 107715. High molecular weight co-polyester.
Sec. 107716. Polyester-polyamide dispersants.
Sec. 107717. Nylon-12 micro-spheres.
Sec. 107718. Short nylon-66 fibers.
Sec. 107719. Short nylon 6 fibers, colored.
Sec. 107720. Short triangular nylon 6 fibers.
Sec. 107721. Short star-shaped nylon 6 fibers.
Sec. 107722. Short heart-shaped nylon 6 fibers.
Sec. 107723. PA510 polymer compounds.
Sec. 107724. MXD6 polymer compounds.
Sec. 107725. PA10T polymer compounds.
Sec. 107726. PA10T/10I polymer compounds.
Sec. 107727. Polyurethane aqueous resins.
Sec. 107728. Aqueous resin.
Sec. 107729. Aliphatic polyisocyanate.
Sec. 107730. IPDI and HDI based aliphatic polyisocyanate.
Sec. 107731. HDI/Trimethylol hexyllactone crosspolymer micro-spheres.
Sec. 107732. HDI/PPG/Polycaprolactone crosspolymer micro-spheres.
Sec. 107733. Aromatic isocyanate prepolymer.
Sec. 107734. Blocked polyisocyanate containing solvent.
Sec. 107735. Polyisocyanate adduct for powder coatings.
Sec. 107736. Blocked polyisocyanate for use in can and coil applications.
Sec. 107737. Polydimethylsiloxane.
Sec. 107738. Silicone resins.
Sec. 107739. Methoxyfunctional methyl-phenyl polysiloxane.
Sec. 107740. Hydrogenpolysiloxane.
Sec. 107741. Methyl silicone resins.
Sec. 107742. Epoxy functional polydimethylsiloxane.
Sec. 107743. Polymethylhydrogensiloxane.
Sec. 107744. Vinyl terminated siloxanes.
Sec. 107745. Silicone hybrid resin (solvent free).
Sec. 107746. Hydrogenated polycyclopentadiene resin.
Sec. 107747. Water dispersable HDI based polyisocyanate.
Sec. 107748. Cyanate ester resins for high-end electronic, aerospace, and in-
dustrial applications.
Sec. 107749. Polyethyleneimine, component used in manufacturing medical de-
vices.
Sec. 107750. Polyhexanide.
Sec. 107751. Ethylene-norbornene copolymer.
Sec. 107752. Cellulose powder.
Sec. 107753. Polymaltotriose.
Sec. 107754. Chitosan.
Sec. 107755. Plastic drinking straws.
Sec. 107756. Garden hoses.
Sec. 107757. Plastic fittings of perfluoroalkoxy.
Sec. 107758. Low density polyethylene (LDPE) sheeting.
Sec. 107759. Biaxially oriented dielectric polypropylene film.
Sec. 107760. Biaxially oriented polypropylene (BOPP) capacitor-grade film.
Sec. 107761. Polyester capacitor-grade film.
Sec. 107762. Acid form membranes.
Sec. 107763. Melamine resin foam.
Sec. 107764. Infant bathtubs and basins, of plastics.
Sec. 107765. Boxes, cases, crates, and similar articles of plastics.
Sec. 107766. Nozzles, black, of polypropylene.
Sec. 107767. Tip/cap combinations of polyethylene.
•HR 4521 EH
38
Sec. 107768. Bottles made of LDPE.
Sec. 107769. Plastic nasal irrigator caps for neti pots.
Sec. 107770. Toy character bottle toppers.
Sec. 107771. Melamine platters, other than those presented in sets.
Sec. 107772. Melamine plates, other than those presented in sets.
Sec. 107773. Melamine bowls not presented in sets.
Sec. 107774. Melamine trays not presented in sets.
Sec. 107775. Plastic measuring cups and spoons in sets.
Sec. 107776. Liquid measuring cups.
Sec. 107777. Self-anchoring beverage containers.
Sec. 107778. PVC infant bathtub mats.
Sec. 107779. Reversible playmats.
Sec. 107780. Hangers.
Sec. 107781. Infant bath rinsing cups.
Sec. 107782. Bathtub spout covers.
Sec. 107783. Infant teethers.
Sec. 107784. Lighted dog fetch toys.
Sec. 107785. Certain thermoplastic nylon 3-gang switch wallplates.
Sec. 107786. Manual plastic disposable cutlery dispensers.
Sec. 107787. Ear bulb syringes of clear silicone.
Sec. 107788. PVC inflatable pillows.
Sec. 107789. Self-inflatable queen air mattresses.
Sec. 107790. Plastic clip fasteners.
Sec. 107791. Self-venting spouts for diesel exhaust fluid.
Sec. 107792. Plastic pet carriers.
Sec. 107793. Plastic mixing tips.
Sec. 107794. Cable ties of plastics.
Sec. 107795. Flexible camera mountings.
Sec. 107796. Three-piece camera mount sets.
Sec. 107797. Magnetic swivel clips for cameras.
Sec. 107798. Helmet camera mounts.
Sec. 107799. Short extension poles for use with cameras.
Sec. 107800. Long extension poles for cameras.
Sec. 107801. Swivel mounts for cameras.
Sec. 107802. Tripod camera mounts.
Sec. 107803. Bulk hydraulic hoses.
Sec. 107804. Brake hydraulic hoses.
Sec. 107805. Bulk fabric/metal-reinforced rubber hoses.
Sec. 107806. Disposable gloves.
Sec. 107807. Reusable gloves.
Sec. 107808. Dog and cat apparel.
Sec. 107809. Polycarbonate vanity cases.
Sec. 107810. Aluminum vanity cases.
Sec. 107811. Suitcases with outer surface of aluminum with built-in zipper
locks.
Sec. 107812. Laminated recycled reusable shopping tote bags.
Sec. 107813. Reusable shopping style tote bags.
Sec. 107814. Waterproof tote bags.
Sec. 107815. Waterproof duffle bags.
Sec. 107816. Waterproof zippered bags, without handles, of plastic sheeting.
Sec. 107817. Waterproof backpacks.
Sec. 107818. Waterproof waist packs.
Sec. 107819. Guitar cases.
Sec. 107820. Jewelry boxes.
Sec. 107821. Silicone rubber camera cases with straps.
•HR 4521 EH
39
Sec. 107822. Leather gloves with flip mitts for hunting.
Sec. 107823. Men’s leather gloves valued at $18 or more per pair.
Sec. 107824. Belts of calf skin.
Sec. 107825. Bamboo engineered flooring: 12.5–12.9 mm thick.
Sec. 107826. Bamboo engineered flooring: 14.1–14.5 mm thick.
Sec. 107827. Bamboo engineered flooring: 15.7–16.1 mm thick.
Sec. 107828. Strand bamboo flooring: 12.5–12.9 mm thick.
Sec. 107829. Strand bamboo flooring: 14.1–14.5 mm thick.
Sec. 107830. Strand bamboo flooring: 10.9–11.3 mm thick.
Sec. 107831. Chopsticks made of bamboo.
Sec. 107832. Drying racks of wood.
Sec. 107833. Bamboo skewers.
Sec. 107834. Wood blinds with louvered slats.
Sec. 107835. 100 percent cotton woven crimped unbleached fabric.
Sec. 107836. Woven fabrics of cotton, containing 85 percent or more by weight
of cotton, not more than 200 grams per square meter.
Sec. 107837. 100 percent cotton woven bleached fabric pieces, open weave.
Sec. 107838. Incontinence underpad fabrics of cotton.
Sec. 107839. Woven fabrics of cotton with an average yarn number between
55 and 60.
Sec. 107840. Woven fabric of cotton of yarn number 69 or higher.
Sec. 107841. Woven fabrics of cotton with an average yarn number exceeding
68.
Sec. 107842. Incontinence underpad fabrics, cotton, plain weave, of yarn num-
ber 42 or lower.
Sec. 107843. Incontinence underpad fabrics, cotton, plain weave, of yarn num-
ber between 43 and 68.
Sec. 107844. Incontinence underpad fabrics, bleached.
Sec. 107845. Incontinence underpad fabrics, printed.
Sec. 107846. Untwisted filament polyvinyl alcohol yarn, measuring 1,100 to
1,330 decitex.
Sec. 107847. Untwisted filament polyvinyl alcohol yarn.
Sec. 107848. Polypropylene (PP) monofilament.
Sec. 107849. Acrylic fiber tow with an average decitex of 0.9.
Sec. 107850. Black polyester bi-component fibers.
Sec. 107851. Acrylic staple fibers with an average decitex of 2.2, fiber length
of 100 mm.
Sec. 107852. Modacrylic staple fibers not processed for spinning.
Sec. 107853. Short polypropylene fibers.
Sec. 107854. Polyoxadiazole fibers.
Sec. 107855. Artificial staple fibers of viscose rayon, 38–42 mm in length.
Sec. 107856. Artificial fibers of viscose rayon for the manufacture of feminine
hygiene products.
Sec. 107857. Flame retardant rayon fibers, measuring 4.78 decitex.
Sec. 107858. Flame retardant rayon fibers, measuring 4.55 decitex.
Sec. 107859. Flame retardant rayon fibers, measuring 4.4 decitex.
Sec. 107860. Other flame retardant rayon fibers.
Sec. 107861. Cellulosic man-made viscose rayon staple fibers, measuring 1.3–
1.5 decitex.
Sec. 107862. Viscose rayon staple fibers, measuring 1.5–1.67 decitex, with a
fiber length of 38–42 mm.
Sec. 107863. Cellulosic man-made viscose rayon staple fibers, measuring 1.67–
2 decitex.
Sec. 107864. Viscose rayon staple fibers, measuring 1–2 decitex, with a fiber
length of 4–8 mm.
•HR 4521 EH
40
Sec. 107865. Viscose staple fibers used in textile, medical, or hygiene applica-
tions.
Sec. 107866. Viscose rayon staple fibers, measuring 1.51–2 decitex, with a
fiber length of 8–16 mm.
Sec. 107867. Viscose rayon staple fibers, measuring 1–1.5 decitex, with a fiber
length of 8–16 mm.
Sec. 107868. Flame retardant viscose rayon staple fibers, with a decitex of 4.7
mm and a fiber length of 51–60 mm.
Sec. 107869. Viscose rayon staple fibers for nonwoven production.
Sec. 107870. Black viscose rayon staple fibers.
Sec. 107871. Acrylic or modacrylic staple fibers with a decitex of 3–5.6.
Sec. 107872. Made up hand-cast string-drawn fishing nets.
Sec. 107873. Knitted carpets containing 75 percent or more of cotton, with
a rubber backing.
Sec. 107874. Knitted carpets containing 75 percent or more by weight of poly-
ester, with a rubber backing.
Sec. 107875. Faux leather fabrics.
Sec. 107876. Grass catcher bags.
Sec. 107877. Oxygenation membrane capillary material.
Sec. 107878. Textile knitted fabrics composed of micromodal and elastane.
Sec. 107879. Textile technical knitted fabrics combining technical cotton and
elastane.
Sec. 107880. Textile knit fabrics of modal, cashmere, and spandex.
Sec. 107881. Women’s and girls’ dresses, knitted or crocheted, of synthetic fi-
bers infused with minerals.
Sec. 107882. Women’s and girls’ skirts and divided skirts of synthetic fibers
infused with minerals.
Sec. 107883. Women’s and girls’ knit cardigans or pullovers containing 70
percent or more of silk.
Sec. 107884. Men’s and boys’ knit cardigans or pullovers of linen.
Sec. 107885. Babies’ knit sweaters, pullovers, sweatshirts, waistcoats (vests),
and cardigans, of artificial fibers.
Sec. 107886. Women’s and girls’ tops, knitted or crocheted, of man-made fi-
bers infused with minerals.
Sec. 107887. Men’s and boy’s tops, knitted or crocheted, of man-made fibers
infused with minerals.
Sec. 107888. Men’s 3 mm wetsuits.
Sec. 107889. Men’s 5.5 and 6.5 mm wetsuits.
Sec. 107890. Men’s 3.5 mm wetsuits.
Sec. 107891. Men’s 4.5 mm wetsuits.
Sec. 107892. Women’s 3 mm wetsuits.
Sec. 107893. Women’s 3.5 mm wetsuits.
Sec. 107894. Women’s 4.5 mm wetsuits.
Sec. 107895. Women’s 5.5 and 6.5 mm wetsuits.
Sec. 107896. Insulated handmuffs of knit polyester.
Sec. 107897. Men’s stockingfoot wader bottom subassemblies, of compressed
neoprene.
Sec. 107898. Men’s stockingfoot wader bottom subassemblies, of non-com-
pressed neoprene.
Sec. 107899. Fishing wader pocket pouch assemblies.
Sec. 107900. Martial arts uniforms.
Sec. 107901. Women’s or girls’ linen woven blouses, shirts and shirt-blouses,
and sleeveless tank styles.
Sec. 107902. Women’s or girls’ linen woven washsuits, sunsuits, or one-piece
playsuits.
•HR 4521 EH
41
Sec. 107903. Women’s or girls’ linen woven coveralls or jumpsuits.
Sec. 107904. Women’s shawls and similar goods, 100 percent silk.
Sec. 107905. Winter cycling gloves.
Sec. 107906. Lock pocket tents.
Sec. 107907. Dark room tents.
Sec. 107908. Bi-component microfiber tube mop refills.
Sec. 107909. Microfiber duster refills.
Sec. 107910. RFID mop pads.
Sec. 107911. Microfiber cleaning cloths.
Sec. 107912. Microfiber mop pads.
Sec. 107913. Golf bag body flats.
Sec. 107914. Bathtub elbow rests.
Sec. 107915. Door swings.
Sec. 107916. Under bed restraints.
Sec. 107917. Bath kneeler.
Sec. 107918. Two-piece camera mount kits.
Sec. 107919. Sleeve covers.
Sec. 107920. Men’s cycling shoes valued over $18 per pair.
Sec. 107921. Women’s cycling shoes valued over $16 per pair.
Sec. 107922. Men’s golf shoes with outers and uppers of rubber or plastics,
valued over $20 per pair.
Sec. 107923. Golf shoes other than for men, with outers and uppers of rubber
or plastics, valued over $20 per pair.
Sec. 107924. Winter cycling boots for men.
Sec. 107925. Winter cycling boots for women.
Sec. 107926. Children’s footwear valued over $15 per pair.
Sec. 107927. Women’s protective active footwear, valued over $25 per pair,
15.35–25.4 cm in height.
Sec. 107928. Cheer shoes covering the ankle.
Sec. 107929. Sideline cheer shoes.
Sec. 107930. Men’s athletic footwear, valued under $9 per pair.
Sec. 107931. Athletic footwear for women, valued not over $9 per pair.
Sec. 107932. Athletic footwear for children, valued not over $8 per pair.
Sec. 107933. Men’s golf shoes, with outer soles and uppers of rubber or plas-
tics, not covering the ankle, valued $15 per pair or over.
Sec. 107934. 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. 107935. Men’s rubber/plastic footwear, valued not over $5 per pair.
Sec. 107936. Women’s rubber/plastic footwear, valued not over $6 per pair.
Sec. 107937. Cheer shoes with sole less than 12 mm.
Sec. 107938. Men’s golf shoes with outers and uppers of rubber or plastics,
valued over $19 per pair.
Sec. 107939. Golf shoes other than for men, outer soles and uppers of rubber
or plastics, valued over $19 per pair.
Sec. 107940. Men’s golf shoes, outer soles of rubber, plastics, leather or com-
position leather and uppers of leather (except pigskin uppers).
Sec. 107941. Women’s leather footwear, lined with pigskin with zipper, valued
$47–$60 per pair.
Sec. 107942. Women’s leather footwear, lined with pigskin, valued $31–$40
per pair.
Sec. 107943. Women’s slip-on cow/calf hair footwear, valued $50–$60 per pair.
Sec. 107944. Women’s leather footwear lined with sheepskin.
Sec. 107945. Women’s leather slip-on footwear lined with sheep leather.
Sec. 107946. Women’s leather slip-on footwear lined with pigskin.
•HR 4521 EH
42
Sec. 107947. Women’s leather footwear, lined with pigskin, valued $21–$27
per pair.
Sec. 107948. Women’s footwear with leather uppers, lined with pigskin, closed
toe or heel with functional zippers on sides.
Sec. 107949. Women’s footwear with leather uppers, lined with pigskin with
adjustable laces.
Sec. 107950. Competitive cheer shoes with leather uppers.
Sec. 107951. Women’s footwear with leather uppers, with strap and buckle,
valued $27–$40 per pair.
Sec. 107952. Children’s leather upper athletic footwear, valued not over $9 per
pair.
Sec. 107953. Men’s athletic type footwear with uppers of textile materials of
vegetable fibers and outer soles of rubber or plastic with textile
flocking.
Sec. 107954. Athletic footwear for men, with a bellows tongue, valued over
$6.50 but not over $12 per pair.
Sec. 107955. Athletic footwear for women, with a bellows tongue, valued over
$6.50 but not over $12 per pair.
Sec. 107956. Athletic footwear for children, bellows tongue, valued over $6.50
but not over $12 per pair.
Sec. 107957. Athletic footwear for men, valued over $6.50 but not over $9 per
pair.
Sec. 107958. Athletic footwear for children, valued over $6.50 but not over $9
per pair.
Sec. 107959. Cheer shoes with uppers of textile materials.
Sec. 107960. Women’s footwear with textile uppers and 50 percent or more
of the surface area of which is leather.
Sec. 107961. Women’s footwear with textile uppers, open toes or heels, valued
$15–$30 per pair.
Sec. 107962. Men’s textile upper footwear, with open toes or open heels, val-
ued not over $12 per pair.
Sec. 107963. Women’s textile upper footwear, with open toes or open heels,
valued not over $12 per pair.
Sec. 107964. Children’s textile upper footwear, with open toes or open heels,
valued not over $12 per pair.
Sec. 107965. Oxford-style work footwear with steel safety toe and static dis-
sipating protection.
Sec. 107966. Oxford footwear with textile uppers and composite toe, valued
over $20 per pair.
Sec. 107967. Men’s mid-cut footwear with a textile upper and a protective toe
cap.
Sec. 107968. Women’s footwear with leather soles and textile uppers, open
toes or heels, valued $12–$24 per pair.
Sec. 107969. Footwear for women valued over $20 but not over $24 per pair.
Sec. 107970. Women’s footwear with leather soles and textile uppers, valued
$15–$20 per pair.
Sec. 107971. Women’s footwear with leather soles and textile uppers, valued
$20–$25 per pair.
Sec. 107972. Women’s footwear with cork soles and textile uppers.
Sec. 107973. Men’s footwear with felt soles, not covering the ankle, valued $20
per pair or higher.
Sec. 107974. Women’s and girls’ footwear with cork uppers, valued less than
$25 per pair.
Sec. 107975. Women’s footwear with cow/calf hair uppers, valued $35–$40 per
pair, covering the ankle.
•HR 4521 EH
43
Sec. 107976. Women’s footwear with cow/calf hair uppers, valued $35–$40 per
pair, not covering the ankle.
Sec. 107977. Women’s footwear with cow/calf hair uppers, valued $19–$25 per
pair.
Sec. 107978. Women’s footwear with cow/calf hair uppers, valued $50–$55 per
pair.
Sec. 107979. Women’s footwear, leather soles and rubber/plastic uppers, val-
ued $16–$18 per pair.
Sec. 107980. Women’s footwear with cow/calf hair uppers, valued $19–$34 per
pair.
Sec. 107981. Footwear for women, valued over $50 but not over $60 per pair.
Sec. 107982. Calf hair upper footwear.
Sec. 107983. Gaiters of man-made fibers.
Sec. 107984. Hats of vegetable fibers.
Sec. 107985. Hairnets.
Sec. 107986. Cotton knit hats, valued $8 or less.
Sec. 107987. Babies’ woven cotton hats.
Sec. 107988. Hats of man-made fiber, valued $5–$25.
Sec. 107989. Waterproof and insulated hats with ear flaps, valued over $15.
Sec. 107990. Fishing wading staffs.
Sec. 107991. Plastic plants for aquariums, not glued or bound.
Sec. 107992. Natural stone ledger tile of sandstone.
Sec. 107993. Marble mosaic and pebble tiles.
Sec. 107994. Natural stone limestone tiles.
Sec. 107995. Natural stone marble tiles.
Sec. 107996. Waterjet natural stone mosaic tile.
Sec. 107997. Marble entertaining and serveware.
Sec. 107998. Articles of marble for kitchen and dining room.
Sec. 107999. Natural stone ledger tiles of travertine.
Sec. 108000. Travertine decorative tile.
Sec. 108001. Limestone decorative tiles.
Sec. 108002. Blank, embossed, and printed stoneware coaster disks and triv-
ets.
Sec. 108003. Rolled green glass sheets.
Sec. 108004. Framed rear-view mirrors.
Sec. 108005. Wall mirrors, unframed.
Sec. 108006. Wall mirrors, framed.
Sec. 108007. Stemware (crystalline) drinking glasses valued over $0.30 but
not over $3 each, other than those presented in sets.
Sec. 108008. Double-walled insulated glass tumblers.
Sec. 108009. Diamond-shaped stemmed wine glasses.
Sec. 108010. Twisted-center stemless wine glass.
Sec. 108011. Crystalline drinking glasses, without stems, not in sets.
Sec. 108012. Double-walled insulated glass bowls.
Sec. 108013. Leaf-shaped glass decanters.
Sec. 108014. Set of four appetizer plates made of glass with steel caddy hold-
er, valued at $2 each.
Sec. 108015. Spice rack with glass jars and wooden lids valued not over $3
each.
Sec. 108016. Glass lens blanks for infrared applications.
Sec. 108017. Hair accessories of glass beads, imitation pearls, and imitation
stones, valued less than $7.
Sec. 108018. Filter bags with acid-resistant coating, of woven fiberglass lami-
nated to ePTFE, weighing at least 325 g/m2 but not over 350
g/m2.
•HR 4521 EH
44
Sec. 108019. Fiberglass replacement wicks for outdoor garden torch.
Sec. 108020. Filter bags of woven fiberglass fabric laminated to an ePTFE,
with a polytetrafluoroethylene coated backing, not acid resist-
ant, weighing at least 721 g/m2 but not over 771 g/m2.
Sec. 108021. Silver catalyst.
Sec. 108022. Silver round blanks.
Sec. 108023. Ferroboron alloy.
Sec. 108024. Cast iron nonmalleable threaded main body combo castings for
residential fuel oil tanks.
Sec. 108025. Cast iron nonmalleable threaded vent caps for residential fuel oil
tanks.
Sec. 108026. Cast iron nonmalleable threaded bushings for residential fuel oil
tanks.
Sec. 108027. Cast iron nonmalleable threaded tank adapters for residential
fuel oil tanks.
Sec. 108028. Cast iron nonmalleable threaded fill alarm main body for residen-
tial fuel oil tanks.
Sec. 108029. Cast iron nonmalleable threaded fill box caps for residential fuel
oil tanks.
Sec. 108030. Cast iron nonmalleable threaded leg flanges for residential fuel
oil tanks.
Sec. 108031. Portable gas cooking stoves.
Sec. 108032. Portable outdoor cookers.
Sec. 108033. Self-anchored beverage containers.
Sec. 108034. Stainless steel handmade kitchen sinks.
Sec. 108035. Loose frame baskets.
Sec. 108036. Two-story fire escape ladders.
Sec. 108037. Three-story fire escape ladders.
Sec. 108038. Work support stands of steel.
Sec. 108039. Locking fixtures of iron or steel.
Sec. 108040. Stainless steel phone handle-and-stand accessories.
Sec. 108041. Circular and S-shaped stainless steel carabiners.
Sec. 108042. Pieces of refined unwrought copper cathode 99.9999 percent
pure.
Sec. 108043. Ultra-thin and wide-width aluminum foil.
Sec. 108044. Etched capacitor aluminum foil of a thickness 0.018–0.126 mm.
Sec. 108045. Stove top coffee makers.
Sec. 108046. Aluminum shower caddies.
Sec. 108047. Step stools of aluminum.
Sec. 108048. Aluminum ladders.
Sec. 108049. Circular and S-shaped aluminum carabiners.
Sec. 108050. Stationary sprinklers of zinc.
Sec. 108051. Tungsten waste and scrap.
Sec. 108052. Cobalt alloys.
Sec. 108053. Certain gallium (Ga).
Sec. 108054. Niobium (columbium) rings no thicker than 20 mm.
Sec. 108055. Tungsten secondary raw material.
Sec. 108056. Gear-driven bolt cutters and pipe cutters.
Sec. 108057. Rotary cutters.
Sec. 108058. Food graters.
Sec. 108059. Hand tools for applying plastic clip fasteners to garments.
Sec. 108060. Steel workstations with vises adjustable by foot pedal.
Sec. 108061. Fixed carbide cutter and roller cone drill bits.
Sec. 108062. Rotary food graters.
Sec. 108063. Coffee presses.
•HR 4521 EH
45
Sec. 108064. Vacuum insulated coffee servers with a brew-through lid.
Sec. 108065. Vacuum insulated coffee servers with no lid.
Sec. 108066. Vacuum insulated coffee servers with fitted hinged lid.
Sec. 108067. Commercial vacuum insulated coffee servers with sight gauge.
Sec. 108068. Commercial vacuum insulated coffee servers with plastic base.
Sec. 108069. Commercial vacuum insulated coffee servers with plastic base
and stand.
Sec. 108070. Craft knives with fixed pen-like or retractable blades.
Sec. 108071. Craft knives.
Sec. 108072. Blades for craft knives with non-fixed blades.
Sec. 108073. Ergonomic pinking shears.
Sec. 108074. Spring-action scissors.
Sec. 108075. Electronic locks for lockers.
Sec. 108076. Luggage locks of base metal, packaged for retail sale.
Sec. 108077. Key-operated door handles, push-pull-rotate.
Sec. 108078. Vent mounted magnetic mobile phone holder for automobiles.
Sec. 108079. Dash mounted magnetic mobile phone holder for automobiles.
Sec. 108080. Windshield mounted magnetic mobile phone holder for auto-
mobiles.
Sec. 108081. Steel latches with plastic plungers.
Sec. 108082. Non-key-operated door handles.
Sec. 108083. Curtain rings.
Sec. 108084. Brackets.
Sec. 108085. Curtain rods.
Sec. 108086. Curtain rod hardware.
Sec. 108087. Curtain tiebacks.
Sec. 108088. Curtain rod finials.
Sec. 108089. Curved shower rods.
Sec. 108090. Shower hooks and rings.
Sec. 108091. Straight shower rods.
Sec. 108092. Steel window rods.
Sec. 108093. Antitheft steel cases with digital locks.
Sec. 108094. Stainless steel hose kits.
Sec. 108095. Stainless steel hoses.
Sec. 108096. Wrist watch strap buckles not over 18 mm.
Sec. 108097. Wrist watch strap buckles over 18 mm.
Sec. 108098. Used cylinder heads.
Sec. 108099. Cylinder heads used solely or principally with certain engines.
Sec. 108100. Engine blocks.
Sec. 108101. Swirler assemblies for turbines.
Sec. 108102. Barrels for fuel mixing.
Sec. 108103. Injector assemblies for certain turbines.
Sec. 108104. Stem assemblies for certain turbines.
Sec. 108105. Tip assemblies for non-gas turbines.
Sec. 108106. High pressure fuel pumps.
Sec. 108107. Dry scroll vacuum pumps 364x333x485 mm.
Sec. 108108. Dry scroll vacuum pumps 297x260x420 mm.
Sec. 108109. Dry scroll vacuum pumps 254x260x420 mm.
Sec. 108110. Dry scroll vacuum pumps 181x140x358 mm.
Sec. 108111. Turbomolecular vacuum pumps.
Sec. 108112. Rotary vane vacuum pumps valued over $500 each.
Sec. 108113. Vacuum diffusion pumps valued over $900 each.
Sec. 108114. Hand- or foot-operated air pumps.
Sec. 108115. Roof vent fans.
Sec. 108116. 12-Amp corded electric leaf blowers.
•HR 4521 EH
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Sec. 108117. Cordless battery powered leaf blowers not exceeding 20 volts.
Sec. 108118. Cordless battery powered leaf blowers between 20 and 60 V.
Sec. 108119. Fan assemblies for cab climate systems.
Sec. 108120. Aquarium air pumps.
Sec. 108121. Heat pumps for residential use.
Sec. 108122. Heat pumps (outdoor units) for split air conditioner systems.
Sec. 108123. High-wall indoor units.
Sec. 108124. Single-zone outdoor units.
Sec. 108125. Mini heat pumps for split air conditioner systems.
Sec. 108126. Multi-zone outdoor unit ductless systems.
Sec. 108127. Indoor units of split air conditioner systems.
Sec. 108128. Ductless 18000 BTU heat pumps, single zone inverter.
Sec. 108129. Single-phase heat pump.
Sec. 108130. Steel vacuum pitchers with plastic hinged lid.
Sec. 108131. Oil filters.
Sec. 108132. Battery powered nasal irrigators.
Sec. 108133. Struts to absorb vibration.
Sec. 108134. Table saws (25.4 cm.), operable corded and cordless.
Sec. 108135. Sliding miter saws (25.4 cm) with laser, corded and cordless.
Sec. 108136. Electromechanical rotary hammers, corded and cordless.
Sec. 108137. Electromechanical hammer impact drivers, corded and cordless.
Sec. 108138. Rotary hammer drill tools with self-contained electric motor.
Sec. 108139. Drill driver tools with self-contained electric motor.
Sec. 108140. Extruders.
Sec. 108141. Three-dimensional drawing pens.
Sec. 108142. Professional grade three-dimensional drawing pens.
Sec. 108143. Electric multi-functional blower vacuums.
Sec. 108144. Autosamplers (multisamplers) for liquid chromatographs.
Sec. 108145. Autosamplers (vialsamplers) for liquid chromatographs.
Sec. 108146. Hydraulic hammer assembly.
Sec. 108147. Segmented bladder-operated molds, with more than 25-inch rim
diameter.
Sec. 108148. Used valves for directional control.
Sec. 108149. Keg spears with pressure release valves.
Sec. 108150. Multiport distribution controllers.
Sec. 108151. Subsea modular trees.
Sec. 108152. Flow selector unit-multi-port 6-branch engine crankshafts.
Sec. 108153. Engine crankshafts.
Sec. 108154. Turbocharger journal bearings.
Sec. 108155. Mid-range bearing housings.
Sec. 108156. Heavy duty bearing housings.
Sec. 108157. Fixed ration gear boxes.
Sec. 108158. Track drive gear boxes.
Sec. 108159. Swing bearing assembly.
Sec. 108160. Gears for use in machinery or within engines.
Sec. 108161. 14Y stepper motors.
Sec. 108162. Air door actuators.
Sec. 108163. Servo motors.
Sec. 108164. DC brushed rhombic winding NdFeb magnet motors, with output
under 18.65 W.
Sec. 108165. DC brushed rhombic winding NdFeB magnet motors.
Sec. 108166. DC brushed rhombic winding AlNiCo magnet motors, with out-
put under 18.65 W.
Sec. 108167. DC brushless rhombic winding NdFeB magnet motors, with out-
put under 18.65 W.
•HR 4521 EH
47
Sec. 108168. DC brushed rhombic winding NdFeB magnet motors, with out-
put over 18.65 but not over 37.5 W.
Sec. 108169. DC brushed rhombic winding AlNiCo magnet motors, with out-
put over 18.65 W but not over 37.5 W.
Sec. 108170. DC brushless slotless rhombic winding NdFeB magnet motors
output over 18.65 W but not over 37.5 W.
Sec. 108171. DC brushed rhombic winding NdFeB magnet motors output over
37.5 W but not over 74.6 W.
Sec. 108172. DC brushless slotless rhombic winding NdFeB magnet motors
output over 37.5 W but not over 74.6 W.
Sec. 108173. Motors.
Sec. 108174. DC motors of an output exceeding 74.6 W but not exceeding 735
W.
Sec. 108175. DC motors, of an output exceeding 74.6 W but not exceeding
735 W.
Sec. 108176. DC brushed rhombic winding NdFeB magnet motors output over
74.6 W but not over 735 W.
Sec. 108177. DC brushless slotless rhombic winding NdFeB magnet motors
output over 74.6 W but not over 735 W.
Sec. 108178. DC motors of an output exceeding 750 W but not exceeding
14.92 kW.
Sec. 108179. DC electric motor for non-aircraft gas turbines.
Sec. 108180. AC alternators.
Sec. 108181. AC alternators with copper windings.
Sec. 108182. Wound stators and rotor assemblies.
Sec. 108183. Rotors.
Sec. 108184. Stators for washing machines, with a 27-tooth design.
Sec. 108185. Stators for washing machines, with an 18-tooth design.
Sec. 108186. Rotors for washing machines, with a height of 60.8 mm.
Sec. 108187. Rotors for washing machines, with a height of 49 mm.
Sec. 108188. 6 V lead-acid storage batteries.
Sec. 108189. 12 V lead-acid storage batteries, used for the auxiliary source of
power.
Sec. 108190. Lead-acid storage batteries, used for wheelchairs.
Sec. 108191. 12 V lead-acid storage batteries, rated at less than 15 ampere-
hours.
Sec. 108192. 12 V lead-acid storage batteries, rated at 15 ampere-hours or
more.
Sec. 108193. Cell box assemblies, weighing 15 kg or more but not over 18 kg.
Sec. 108194. Cell box assemblies, weighing 30 kg or more but not over 36 kg.
Sec. 108195. Cell box assemblies, weighing 36 kg or more but not over 49 kg.
Sec. 108196. Cell box assemblies NX.
Sec. 108197. Food processors with a capacity greater than 2.9 liters but not
exceeding 3.1 liters.
Sec. 108198. Food processors with a capacity greater than 1.6 liters but not
exceeding 2.2 liters.
Sec. 108199. Cordless hand blenders.
Sec. 108200. Cordless hand mixers.
Sec. 108201. Corded hand blenders.
Sec. 108202. Burr coffee grinders.
Sec. 108203. Electric food processors with bowl scraper.
Sec. 108204. Electric food processors with snap-locking lid.
Sec. 108205. Electric juice extractors.
Sec. 108206. Electric drink mixers.
•HR 4521 EH
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Sec. 108207. Spiralizing food processors with a capacity equal to or greater
than 2.36 liters but not exceeding 2.64 liters.
Sec. 108208. Spiralizing food processors with a capacity equal to or greater
than 2.83 liters but not exceeding 3.07 liters.
Sec. 108209. Dicing food processors.
Sec. 108210. Compact food processor with smoothie function.
Sec. 108211. Juice extractors.
Sec. 108212. Integrated baby food making systems.
Sec. 108213. Electric juice mixers and grinders.
Sec. 108214. Ultrasonic humidifiers.
Sec. 108215. Automatic litterboxes, valued no more than $100.
Sec. 108216. Electric toothbrushes.
Sec. 108217. Ultrasonic cool/warm mist humidifiers with aromatherapy.
Sec. 108218. 2-in-1 can opener.
Sec. 108219. Food spiralizing devices.
Sec. 108220. Ceramic bowls.
Sec. 108221. Food grinders for certain electromechanical stand food mixers.
Sec. 108222. Pasta press extruders for certain stand food mixers.
Sec. 108223. Stainless steel bowls for certain electromechanical stand food
mixers, with capacity greater than 4.2 liters but not exceeding
4.8 liters.
Sec. 108224. Stainless steel bowls for certain electromechanical stand food
mixers, with capacity greater than 2.8 liters but not exceeding
3.4 liters.
Sec. 108225. Stainless steel bowls for certain electromechanical stand food
mixers, with capacity greater than 5.6 liters but not exceeding
8.6 liters.
Sec. 108226. Pasta rollers and cutters for stand food mixers.
Sec. 108227. Glass bowls for certain electromechanical stand food mixers.
Sec. 108228. Body trimmers for detailed hair trimming.
Sec. 108229. Hair clipper sets.
Sec. 108230. Rechargeable trimmers for trimming human hair.
Sec. 108231. PCB assemblies for clippers and trimmers.
Sec. 108232. LED bicycle wheel spoke lights.
Sec. 108233. Bicycle rear lights.
Sec. 108234. Portable electric lamps.
Sec. 108235. Space heaters.
Sec. 108236. Microwave ovens with capacity not exceeding 22.5 liters.
Sec. 108237. Microwave ovens with capacity exceeding 22.5 liters but not ex-
ceeding 31 liters.
Sec. 108238. Low-profile microwave ovens with electronic opening mechanism
and integral range hood.
Sec. 108239. Low-profile microwave ovens with push button opening mecha-
nism and integral range hood.
Sec. 108240. Low-profile microwave ovens with electronic opening mechanism
and without a range hood.
Sec. 108241. Searing grills.
Sec. 108242. Automatic drip coffee makers.
Sec. 108243. Espresso machines.
Sec. 108244. Coffee makers with dishwasher safe removable parts.
Sec. 108245. Single-service coffee makers with milk frothers.
Sec. 108246. Electric coffee makers with dual dispensers.
Sec. 108247. Electric coffee makers for brewing capsules.
Sec. 108248. Automatic or manual pour over coffee makers.
Sec. 108249. Removable reservoir coffeemakers.
•HR 4521 EH
49
Sec. 108250. Single serve coffee makers.
Sec. 108251. 2-way coffee makers with a 12-cup carafe and a pod brewer.
Sec. 108252. Rapid cold brew and hot coffee makers.
Sec. 108253. Electric kettles.
Sec. 108254. Electric toasters with even-toast feature.
Sec. 108255. Electric toasters with 6.5 inch slots.
Sec. 108256. Electric toasters with 37 mm wide slots, with an under-base cord
wrap.
Sec. 108257. 2- and 4-slot toasters, not having a button to keep toaster con-
tents warm after toasting.
Sec. 108258. 2-slot toasters, with a button to keep toaster content warm after
toasting.
Sec. 108259. Electric toasters with double-slice slots.
Sec. 108260. Electric toasters with 37 mm wide slots, with a retractable cord.
Sec. 108261. 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. 108262. 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. 108263. 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. 108264. Contoured heating pads.
Sec. 108265. Slow cookers with non-stick ceramic coated stoneware.
Sec. 108266. Heating pads.
Sec. 108267. Programmable slow cookers with digital display.
Sec. 108268. 8-Quart electric slow cookers.
Sec. 108269. Programmable slow cookers.
Sec. 108270. Electric slow cookers with locking lid.
Sec. 108271. Double flip waffle makers with removable grids.
Sec. 108272. Ice cream waffle cone and bowl makers.
Sec. 108273. Electric breakfast sandwich makers.
Sec. 108274. Pressure cookers.
Sec. 108275. 10-quart programmable slow cookers.
Sec. 108276. Polished stainless steel 1.5-quart tea kettles.
Sec. 108277. Egg bite makers.
Sec. 108278. Vacuum steel insulated coffee carafes, of a kind used with deep
ultraviolet lithography machines.
Sec. 108279. Vacuum steel insulated carafes for household coffee machines, of
a kind used with deep ultraviolet lithography machines.
Sec. 108280. Vacuum steel bodies with inner and outer steel layers.
Sec. 108281. Lamp-holder housings of plastic.
Sec. 108282. 660 W, 125 V, lamp-holder with two 15 amp outlets.
Sec. 108283. Combination duplex receptacle/outlet and USB charger, 15–20
amp, 125 V.
Sec. 108284. Range and dryer receptacles.
Sec. 108285. Residential grade receptacles.
Sec. 108286. Residential and commercial USB receptacles.
Sec. 108287. Power strips.
Sec. 108288. Surge protectors.
Sec. 108289. Programmable controllers for architectural lighting.
Sec. 108290. Electronic modular control panels for generators.
Sec. 108291. Power distribution modules and programmable controllers.
Sec. 108292. Glass capacitive touchscreen assemblies with LCD.
Sec. 108293. Lamps containing deuterium gas without radio-frequency identi-
fication (RFID).
•HR 4521 EH
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Sec. 108294. Lamps containing deuterium gas with radio-frequency identifica-
tion (RFID).
Sec. 108295. Fiber channel coaxial cables of silver-plated copper conductors
and expanded ePTFE dielectrics.
Sec. 108296. Insulated coaxial cables, of a kind used with deep ultraviolet li-
thography machines.
Sec. 108297. Coaxial cables insulated with ePTFE, vapor sealed, of a kind
used with deep ultraviolet lithography machines.
Sec. 108298. Coaxial cables insulated with ePTFE, non-vapor sealed, of a kind
used with deep ultraviolet lithography machines.
Sec. 108299. Low speed automotive ethernet USB harnesses.
Sec. 108300. High speed autolink cable USB harnesses.
Sec. 108301. Insulated electric conductors, of a kind used with extreme ultra-
violet lithography machines.
Sec. 108302. Insulated electric conductors, of a kind used with deep ultraviolet
lithography machines.
Sec. 108303. Insulated electric conductors, of a kind used with optical instru-
ments.
Sec. 108304. Rings, blocks, and other insulating fittings of quartz.
Sec. 108305. Front tire splash guards for vehicles.
Sec. 108306. Rear tire splash guards for vehicles.
Sec. 108307. Automatic gear boxes.
Sec. 108308. Suspension systems (struts) for off-highway trucks.
Sec. 108309. Suspension system stabilizer bars.
Sec. 108310. Tie rod assemblies.
Sec. 108311. Used axle housings.
Sec. 108312. Used parts for power trains.
Sec. 108313. Front windshield covers.
Sec. 108314. Expansion chambers.
Sec. 108315. Bicycle racks for car roofs.
Sec. 108316. High pressure fuel injector rails.
Sec. 108317. Stand-up bicycles, having both wheels exceeding 63.5 cm in di-
ameter.
Sec. 108318. Elliptical cycles, with wheels not exceeding 63.5 cm in diameter.
Sec. 108319. Bicycle frames, other than of steel, valued $600 or less.
Sec. 108320. Internal gear bicycle hubs, other than two or three speeds.
Sec. 108321. Bicycle pedals other than clipless pedals.
Sec. 108322. Clipless bicycle pedals and parts thereof.
Sec. 108323. Carbon fiber bicycle seatposts.
Sec. 108324. Bicycle handlebar tape, other than silicon or leather tape.
Sec. 108325. Trailer cycles.
Sec. 108326. Dropper seatposts.
Sec. 108327. Bicycle fenders.
Sec. 108328. Bicycle handlebars.
Sec. 108329. Multi-functional steel carts.
Sec. 108330. Non-mechanically propelled industrial hand truck.
Sec. 108331. Moving dollies.
Sec. 108332. Paragliders, paraglider wings and paraglider harnesses.
Sec. 108333. Sailing catamarans and power catamarans.
Sec. 108334. Projection lenses.
Sec. 108335. Mounted optical lenses.
Sec. 108336. Objective lenses for broadcast cameras.
Sec. 108337. Objective lenses for cinema cameras.
Sec. 108338. Magnifying spectacles.
•HR 4521 EH
51
Sec. 108339. LCD television panel assemblies, with a video display measuring
over 175.26 cm.
Sec. 108340. LCD television panel assemblies, with a video display measuring
over 149.86 cm but not over 175.26 cm.
Sec. 108341. LCD television panel assemblies, with a video display measuring
over 139.7 cm but not over 149.86 cm.
Sec. 108342. LCD television panel assemblies, with a video display measuring
over 137.16 cm but not over 139.7 cm.
Sec. 108343. Housings designed for infrared lenses.
Sec. 108344. Electronic temperature indicators, weighing 14.2 g.
Sec. 108345. Electronic temperature indicators, weighing 64.4 g.
Sec. 108346. Electronic temperature indicators, weighing 430 g.
Sec. 108347. Global cargo trackers, weighing 660 g.
Sec. 108348. Temperature data monitors, weighing 115 g.
Sec. 108349. Temperature data monitors, weighing 138.9 g.
Sec. 108350. Temperature data monitors, weighing 133.2 g.
Sec. 108351. Parts and accessories of bicycle speedometers.
Sec. 108352. Wired remote controllers.
Sec. 108353. Analog/digital wrist watches.
Sec. 108354. Mechanical wrist watches.
Sec. 108355. Mechanical wrist watches with leather or other band.
Sec. 108356. Analog pocket watches.
Sec. 108357. Projection alarm clocks, non-atomic.
Sec. 108358. Projection atomic alarm clocks.
Sec. 108359. Analog wall clocks without thermometer, hygrometer, or barom-
eter gauges.
Sec. 108360. Analog clocks with thermometer and hygrometer.
Sec. 108361. Atomic analog wall clocks.
Sec. 108362. Atomic digital clocks.
Sec. 108363. Analog kitchen timers.
Sec. 108364. Wrist watch movements having over one jewel and less than 7
jewels.
Sec. 108365. Watch movements having over 7 jewels and under 17 jewels.
Sec. 108366. Watch cases or ‘‘bodies’’ over 41 mm in diameter.
Sec. 108367. Watch cases or ‘‘bodies’’ not over 41 mm in diameter.
Sec. 108368. Watch case bezels, backs, and centers.
Sec. 108369. Watch case parts.
Sec. 108370. Stainless steel watch bracelets.
Sec. 108371. Watch dials.
Sec. 108372. Watch crowns.
Sec. 108373. Watch hands.
Sec. 108374. Acoustic guitars.
Sec. 108375. Console digital pianos.
Sec. 108376. Grand digital pianos.
Sec. 108377. Electronic 61-key keyboards.
Sec. 108378. Electric guitars and acoustic/electric guitars.
Sec. 108379. Memory foam travel pillows.
Sec. 108380. Lighting for wall installation.
Sec. 108381. Decorative bathroom fan assemblies (lighting fixtures) assem-
blies.
Sec. 108382. Metal household floor lamps.
Sec. 108383. Solar powered pathway lights, each measuring between 36.8 cm
and 42 cm in height.
Sec. 108384. Solar powered pathway lights, each measuring between 45 cm
and 48 cm in height.
•HR 4521 EH
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Sec. 108385. Exterior exit viewing lights, dual beam.
Sec. 108386. LED flameless candles.
Sec. 108387. Aquarium LED light strands.
Sec. 108388. LED light modules for bathroom fans/lights.
Sec. 108389. Aquarium LED light sticks.
Sec. 108390. Aquarium LED light strips.
Sec. 108391. Decorative votive candle holders.
Sec. 108392. Candle jar shades.
Sec. 108393. Non-electrical lighting.
Sec. 108394. Outdoor garden or patio torches of bamboo construction.
Sec. 108395. Outdoor garden or patio torches of non-bamboo construction.
Sec. 108396. Indoor oil lamps with base of glass or metal.
Sec. 108397. Outdoor garden torches for tabletop use.
Sec. 108398. Glass lens arrays for spotlights.
Sec. 108399. Lamp shades.
Sec. 108400. Galvanized steel LED downlight housing frames.
Sec. 108401. Aluminum cylinders for LED lighting fixtures.
Sec. 108402. Galvanized steel brackets and plates for LED lighting fixtures.
Sec. 108403. Aluminum LED downlight reflectors.
Sec. 108404. Outdoor garden torch replacement canisters.
Sec. 108405. Iris subassemblies for moving lights.
Sec. 108406. Zoom modules for automated moving lights.
Sec. 108407. Golf club heads for fairway woods.
Sec. 108408. Golf club shafts for putters.
Sec. 108409. Steel golf club shafts, other than for putters.
Sec. 108410. Golf club shaft assemblies.
Sec. 108411. Graphite driver golf club shafts, extra stiff flex.
Sec. 108412. Graphite hybrid golf club shafts, extra stiff flex.
Sec. 108413. Graphite irons golf club shafts, extra stiff flex.
Sec. 108414. Graphite driver golf club shafts, regular, senior, adult, or ladies
flex.
Sec. 108415. Graphite golf club driver shafts, stiff flex.
Sec. 108416. Graphite hybrid golf club shafts, regular, senior, adult, or ladies
flex.
Sec. 108417. Graphite hybrid golf club shafts, stiff flex.
Sec. 108418. Graphite irons golf club shafts, regular, senior, adult, or ladies
flex.
Sec. 108419. Graphite irons golf club shafts, stiff flex.
Sec. 108420. Pickleball paddles.
Sec. 108421. Pickleballs.
Sec. 108422. Exercise cycles.
Sec. 108423. Stationary trainers.
Sec. 108424. Multimodality fitness equipment, without integrated contact grip
heart rate monitor.
Sec. 108425. Multimodality fitness equipment with integrated power sensor to
measure the user’s upper body power input.
Sec. 108426. Parts and accessories for treadmills.
Sec. 108427. Parts and accessories for ellipticals.
Sec. 108428. Parts and accessories for stationary exercise cycles.
Sec. 108429. Parts and accessories for weight training equipment.
Sec. 108430. Parts and accessories for certain exercise equipment machines.
Sec. 108431. Lateral elliptical machines.
Sec. 108432. Adjustable-weight kettlebells.
Sec. 108433. Adjustable-weight barbell.
Sec. 108434. Exercise cycles with dual-position handgrips.
•HR 4521 EH
53
Sec. 108435. Exercise cycles with single handgrips.
Sec. 108436. Upright exercise cycles.
Sec. 108437. Recumbent exercise cycles with touchscreen consoles.
Sec. 108438. Leaning exercise cycles.
Sec. 108439. Rod gyms, with vertical bench.
Sec. 108440. Rod and resistance gyms, with flat benches.
Sec. 108441. Foldable treadmills, with LCD consoles with control keypads.
Sec. 108442. Foldable treadmills, with touchscreen consoles measuring 44.5
cm or less.
Sec. 108443. Indoor cycling machines with wireless data touchscreen displays.
Sec. 108444. Indoor cycling machines with LCD consoles and two water bottle
holders.
Sec. 108445. Indoor cycling machines with LCD consoles and single water bot-
tle holder.
Sec. 108446. Recumbent elliptical machines.
Sec. 108447. Fitness equipment combining the functions of an elliptical and
a stair stepper, weight over 90 kgs.
Sec. 108448. Foldable treadmills with touchscreen console greater than 44.4
cm.
Sec. 108449. Interactive indoor cycling exercise cycles.
Sec. 108450. Multimodality fitness equipment, with integrated contact grip
heart rate monitors.
Sec. 108451. Fishing reels valued not over $2.70 each, pre-spooled, with rod
and fishing line.
Sec. 108452. Fishing reels valued not over $2.70 each.
Sec. 108453. Hard artificial crankbaits.
Sec. 108454. Collapsible big game decoys.
Sec. 108455. Vacuum steel hinged lid pitchers, not exceeding 1 liter.
Sec. 108456. Vacuum insulated drinkware having a capacity exceeding 1 liter
but not exceeding 2 liters.
Sec. 108457. Vacuum insulated drinkware having a capacity exceeding 2 liters
but not exceeding 4 liters.
Sec. 108458. Vacuum glass lined steel coffee servers over 2 liters.
Sec. 108459. Vacuum glass lined steel coffee servers over 2 liters with lever
dispensing.
Subtitle B—Existing Duty Suspensions and Reductions
Sec. 108460. Extension of certain existing duty suspensions and reductions and
other modifications.
Subtitle C—Effective Date and Technical Corrections Authority
Sec. 108461. Effective date.
Sec. 108462. Authority to make technical and conforming changes.
DIVISION L—COMMITTEE ON TRANSPORTATION AND
INFRASTRUCTURE
Sec. 110001. Recompete pilot program.
Sec. 110002. Centers of excellence for domestic maritime workforce training
and education.
Sec. 110003. Freight Rail Innovation Institute.
•HR 4521 EH
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Sec. 110004. Economic adjustment assistance for energy and industrial transi-
tion communities.
DIVISION M—SENSE OF CONGRESS REGARDING NEGATIVE PER-
CEPTION OF PERSONS OF ASIAN ANCESTRY AND FEDERAL
LAW ENFORCEMENT
Sec. 120001. Sense of Congress regarding negative perception of persons of
Asian ancestry and Federal law enforcement.
DIVISION N—PROHIBITING USE OF FUNDS FOR PUBLICITY OR
PROPAGANDA
Sec. 130001. Prohibiting Use of Funds for Publicity or Propaganda.
DIVISION O—NATIONAL SECURITY RESTRICTIONS ON USE OF
CERTAIN FUNDS
Sec. 140001. Prohibition on use of funds to obtain communications equipment
or services posing national security risk.
DIVISION P—AGRICULTURE FOREIGN INVESTMENT DISCLOSURE
REFORM
Sec. 150001. Short title.
Sec. 150002. Annual reports.
Sec. 150003. Reports to Congress.
Sec. 150004. Civil penalty for failure to report or misreporting.
DIVISION Q—EMERGING TECHNOLOGY LEADS
Sec. 160001. Emerging technology leads.
DIVISION R—COMMITTEE ON SMALL BUSINESS
Sec. 170001. Child care resource guide.
DIVISION S—OCEAN SHIPPING REFORM
Sec. 180001. Purposes.
Sec. 180002. Service contracts.
Sec. 180003. Shipping exchange registry.
Sec. 180004. Data collection.
Sec. 180005. National shipper advisory committee.
Sec. 180006. Annual report and public disclosures.
Sec. 180007. General prohibitions.
Sec. 180008. Prohibition on unreasonably declining cargo.
Sec. 180009. Detention and demurrage.
Sec. 180010. Assessment of penalties.
Sec. 180011. Investigations.
Sec. 180012. Injunctive relief.
Sec. 180013. Technical amendments.
Sec. 180014. Authorization of appropriations.
Sec. 180015. NAS study on supply chain industry.
Sec. 180016. Temporary emergency authority.
•HR 4521 EH
55
1 SEC. 3. PROHIBITING DISCRIMINATION AGAINST PEOPLE
2 OF ASIAN DESCENT.
3 The President shall ensure that the provisions of this
4 Act which are aimed at countering the influence of the
5 Chinese Communist Party are implemented in a manner
6 that does not result in discrimination against people of
7 Asian descent on the basis of race, color, ethnicity, or na-
8 tionality.
9 DIVISION A—CREATING HELP-
10 FUL INCENTIVES TO
11 PRODUCE SEMICONDUCTORS
12 (CHIPS) FOR AMERICA FUND
13 SEC. 10001. CREATING HELPFUL INCENTIVES TO PRODUCE
14 SEMICONDUCTORS (CHIPS) FOR AMERICA
15 FUND.
16 (a) CHIPS FOR AMERICA FUND.—
17 (1) ESTABLISHMENT.—There is established in
18 the Treasury of the United States a fund to be
19 known as the ‘‘Creating Helpful Incentives to
20 Produce Semiconductors (CHIPS) for America
21 Fund’’ (referred to in this subsection as the
22 ‘‘Fund’’) for the Secretary of Commerce to carry out
23 sections 9902 and 9906 of the William M. (Mac)
24 Thornberry National Defense Authorization Act for
25 Fiscal Year 2021 (Public Law 116–283). Amounts
26 in the Fund to carry out section 9906 of Public Law
•HR 4521 EH
56
1 116–283 shall be transferred to and merged with ac-
2 counts within the Department of Commerce to be
3 used for such purposes.
4 (2) APPROPRIATION.—
5 (A) In addition to amounts otherwise avail-
6 able for such purposes, there is appropriated to
7 the Fund established in subsection (a)(1), out
8 of amounts in the Treasury not otherwise ap-
9 propriated—
10 (i) for fiscal year 2022,
11 $24,000,000,000, to remain available until
12 expended, of which $19,000,000,000 shall
13 be for section 9902 of Public Law 116–
14 283, $2,000,000,000 shall be for sub-
15 section (c) of section 9906 of Public Law
16 116–283, $2,500,000,000 shall be for sub-
17 section (d) of section 9906 of Public Law
18 116–283, and $500,000,000 shall be for
19 subsections (e) and (f) of section 9906 of
20 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
24 be for section 9902 of Public Law 116–
25 283 and $2,000,000,000 shall be for sub-
•HR 4521 EH
57
1 sections (c), (d), (e), and (f) of section
2 9906 of Public 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
6 be for section 9902 of Public Law 116–
7 283 and $1,300,000,000 shall be for sub-
8 sections (c), (d), (e), and (f) of section
9 9906 of Public 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
13 be for section 9902 of Public Law 116–
14 283 and $1,100,000,000 shall be for sub-
15 sections (c), (d), (e), and (f) of section
16 9906 of Public 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
20 be for section 9902 of Public Law 116–
21 283 and $1,800,000,000 shall be for sub-
22 sections (c), (d), (e), and (f) of section
23 9906 of Public Law 116–283.
24 (B) The Secretary of Commerce may
25 use—
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1 (i) up to $6,000,000,000 of the
2 amounts made available for fiscal year
3 2022 for section 9902 of Public Law 116–
4 283 for the cost of direct loans and loan
5 guarantees, as authorized by section 9902
6 of Public Law 116–283, provided that—
7 (I) such costs, including the cost
8 of modifying such loans and loan
9 guarantees shall be as defined in sec-
10 tion 502 of the Congressional Budget
11 Act of 1974; and
12 (II) these funds are available to
13 subsidize gross obligations for the
14 principal amount of direct loans and
15 total loan principal, any part of which
16 is to be guaranteed, not to exceed
17 $75,000,000,000; and
18 (ii) up to 2 percent of the amounts
19 made available in each fiscal year for sala-
20 ries and expenses, administration, and
21 oversight purposes to carry out sections
22 9902, 9904 and 9906 of Public Law 116–
23 283, of which $5,000,000 in each of fiscal
24 years 2022 through 2026 shall be trans-
25 ferred to the Office of Inspector General of
•HR 4521 EH
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1 the Department of Commerce to oversee
2 expenditures from the Fund. The require-
3 ment to transfer and merge funds for car-
4 rying out section 9906 of Public Law 116–
5 283 shall not apply to amounts used pur-
6 suant to this provision.
7 (3) ASSISTANCE FOR MATURE TECHNOLOGY
8 NODES.—
9 (A) Of the amount available in fiscal year
10 2022 to implement section 9902 of Public Law
11 116–283, $2,000,000,000 shall be to provide
12 Federal financial assistance to covered entities
13 to incentivize investment in facilities and equip-
14 ment in the United States for the fabrication,
15 assembly, testing, or advanced packaging of
16 semiconductors at mature technology nodes.
17 (B) In addition to the procedures, eligi-
18 bility, and considerations for review specified in
19 subsection 9902(a)(2) of Public Law 116–283,
20 in order for an entity to qualify to receive Fed-
21 eral financial assistance under this paragraph,
22 the covered entity shall—
23 (i)(I) provide equipment or materials
24 for the fabrication, assembly, testing, or
25 advanced packaging of semiconductors at
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1 mature technology nodes in the United
2 States; or
3 (II) fabricate, assemble using ad-
4 vanced packaging, or test semiconductors
5 at mature technology nodes in the United
6 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
18 packaging of semiconductors at mature tech-
19 nology nodes that are necessary to support a
20 critical 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
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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
9 that are assigned a North American Indus-
10 try Classification System code beginning
11 with the same 4 digits as the industry—
12 (I) manufacture primary prod-
13 ucts and parts, the sum of which ac-
14 count for not less than 5 percent of
15 the manufacturing value added by in-
16 dustry gross domestic product of the
17 United 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 Sec-
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1 retary based on the relevance of the manu-
2 facturing industry to the national and eco-
3 nomic security of the United States, in-
4 cluding the impacts of job losses.
5 (F) In this paragraph, the term ‘‘mature
6 technology node’’ has the meaning given the
7 term by the Secretary of Commerce.
8 (4) ALLOCATION AUTHORITY.—
9 (A) SUBMISSION OF COST ESTIMATES.—
10 The President shall submit to Congress detailed
11 account, program, and project allocations of the
12 full amount made available under subsection
13 (a)(2)—
14 (i) for fiscal years 2022 and 2023, not
15 later than 90 days after the date of enact-
16 ment of this Act; and
17 (ii) for each subsequent fiscal year
18 through 2026, as part of the annual budg-
19 et submission of the President under sec-
20 tion 1105(a) of title 31, United States
21 Code.
22 (B) ALTERNATE ALLOCATION.—
23 (i) IN GENERAL.—The Committees on
24 Appropriations of the House of Represent-
25 atives and the Senate may provide for al-
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1 ternate allocation of amounts made avail-
2 able under subsection (a)(2), including by
3 account, program, and project.
4 (ii) ALLOCATION BY PRESIDENT.—
5 (I) NO ALTERNATE ALLOCA-
6 TIONS.—If Congress has not enacted
7 legislation establishing alternate allo-
8 cations, including by account, pro-
9 gram, and project, by the date on
10 which the Act making full-year appro-
11 priations for the Department of Com-
12 merce, Justice, Science, and Related
13 Agencies for the applicable fiscal year
14 is enacted into law, only then shall
15 amounts made available under sub-
16 section (a)(2) be allocated by the
17 President or apportioned or allotted
18 by account, program, and project pur-
19 suant to title 31, United States Code.
20 (II) INSUFFICIENT ALTERNATE
21 ALLOCATION.—If Congress enacts leg-
22 islation establishing alternate alloca-
23 tions, including by account, program,
24 and project, for amounts made avail-
25 able under subsection (a)(2) that are
•HR 4521 EH
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1 less than the full amount appropriated
2 under that subsection, the difference
3 between the amount appropriated and
4 the alternate allocation shall be allo-
5 cated by the President and appor-
6 tioned and allotted by account, pro-
7 gram, and project pursuant to title
8 31, United States Code.
9 (b) CHIPS FOR AMERICA DEFENSE FUND.—
10 (1) ESTABLISHMENT.—There is established in
11 the Treasury of the United States a fund to be
12 known as the ‘‘Creating Helpful Incentives to
13 Produce Semiconductors (CHIPS) for America De-
14 fense Fund’’ (referred to in this subsection as the
15 ‘‘Fund’’) to provide for research, development, test
16 and evaluation, workforce development, and other re-
17 quirements that are unique to the Department of
18 Defense and the intelligence community, including
19 those requirements that are necessary to carry out
20 section 9903(b) of the William M. (Mac) Thornberry
21 National Defense Authorization Act for Fiscal Year
22 2021 (Public Law 116–283). Amounts in the Fund
23 shall be transferred to and merged with accounts
24 within the Department of Defense to be used for
25 such purposes. Amounts in the Fund or transferred
•HR 4521 EH
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1 to and merged with accounts within the Department
2 of Defense may not be used for construction of fa-
3 cilities.
4 (2) APPROPRIATION.—In addition to amounts
5 otherwise available for such purposes, there is appro-
6 priated to the Fund established in subsection (b)(1),
7 out of amounts in the Treasury not otherwise appro-
8 priated—
9 (A) for fiscal year 2022, $400,000,000, to
10 remain available until September 30, 2022;
11 (B) for fiscal year 2023, $400,000,000, to
12 remain available until September 30, 2023;
13 (C) for fiscal year 2024, $400,000,000, to
14 remain available until September 30, 2024;
15 (D) for fiscal year 2025, $400,000,000, to
16 remain available until September 30, 2025; and
17 (E) for fiscal year 2026, $400,000,000, to
18 remain available until September 30, 2026.
19 (3) ALLOCATION AUTHORITY.—
20 (A) SUBMISSION OF COST ESTIMATES.—
21 The President shall submit to Congress detailed
22 account, program element, and project alloca-
23 tions of the full amount made available under
24 subsection (b)(2)—
•HR 4521 EH
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1 (i) for fiscal years 2022 and 2023, not
2 later than 90 days after the date of enact-
3 ment of this Act; and
4 (ii) for each subsequent fiscal year
5 through 2026, as part of the annual budg-
6 et submission of the President under sec-
7 tion 1105(a) of title 31, United States
8 Code.
9 (B) ALTERNATE ALLOCATION.—
10 (i) IN GENERAL.—The Committees on
11 Appropriations of the House of Represent-
12 atives and the Senate may provide for al-
13 ternate allocation of amounts made avail-
14 able under subsection (b)(2), including by
15 account, program element, and project.
16 (ii) ALLOCATION BY PRESIDENT.—
17 (I) NO ALTERNATE ALLOCA-
18 TIONS.—If Congress has not enacted
19 legislation establishing alternate allo-
20 cations, including by account, pro-
21 gram element, and project, by the
22 date on which the Act making full-
23 year appropriations for the Depart-
24 ment of Defense for the applicable fis-
25 cal year is enacted into law, only then
•HR 4521 EH
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1 shall amounts made available under
2 subsection (b)(2) be allocated by the
3 President or apportioned or allotted
4 by account, program element, and
5 project pursuant to title 31, United
6 States Code.
7 (II) INSUFFICIENT ALTERNATE
8 ALLOCATION.—If Congress enacts leg-
9 islation establishing alternate alloca-
10 tions, including by account, program
11 element, and project, for amounts
12 made available under subsection
13 (b)(2) that are less than the full
14 amount appropriated under that sub-
15 section, the difference between the
16 amount appropriated and the alter-
17 nate allocation shall be allocated by
18 the President and apportioned and al-
19 lotted by account, program element,
20 and project pursuant to title 31,
21 United States Code.
22 (c) CHIPS FOR AMERICA INTERNATIONAL TECH-
23 NOLOGY SECURITY AND INNOVATION FUND.—
24 (1) ESTABLISHMENT.—There is established in
25 the Treasury of the United States a fund to be
•HR 4521 EH
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1 known as the ‘‘Creating Helpful Incentives to
2 Produce Semiconductors (CHIPS) for America
3 International Technology Security and Innovation
4 Fund’’ (referred to in this subsection as the
5 ‘‘Fund’’) to provide for international information
6 and communications technology security and semi-
7 conductor supply chain activities, including to sup-
8 port the development and adoption of secure and
9 trusted telecommunications technologies, secure
10 semiconductors, secure semiconductors supply
11 chains, and other emerging technologies and to carry
12 out sections 9905 and 9202(a)(2) of the William M.
13 (Mac) Thornberry National Defense Authorization
14 Act for Fiscal Year 2021 (Public Law 116–283), as
15 appropriate. Amounts in the Fund shall be trans-
16 ferred by the Secretary of State to accounts within
17 the Department of State, the United States Agency
18 for International Development, the Export-Import
19 Bank, and the United States International Develop-
20 ment Finance Corporation, as appropriate, to be
21 used for such purposes and under the terms and
22 conditions of the account to which transferred.
23 (2) APPROPRIATION.—
24 (A) In addition to amounts otherwise avail-
25 able for such purposes, there is appropriated to
•HR 4521 EH
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1 the Fund established in subsection (c)(1), out
2 of amounts in the Treasury not otherwise ap-
3 propriated—
4 (i) for fiscal year 2022, $100,000,000,
5 to remain available until September 30,
6 2026;
7 (ii) for fiscal year 2023,
8 $100,000,000, to remain available until
9 September 30, 2027;
10 (iii) for fiscal year 2024,
11 $100,000,000, to remain available until
12 September 30, 2028;
13 (iv) for fiscal year 2025,
14 $100,000,000, to remain available until
15 September 30, 2029; and
16 (v) for fiscal year 2026,
17 $100,000,000, to remain available until
18 September 30, 2030.
19 (B) In carrying out this subsection, the
20 Secretary of State may use up to $5,000,000 of
21 the amounts made available in each fiscal year
22 for the Fund for salaries and expenses, admin-
23 istration, and oversight purposes, of which
24 $500,000 in each of fiscal years 2022 through
25 2026 shall be transferred to the Office of In-
•HR 4521 EH
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1 spector General of the Department of State to
2 oversee expenditures under the Fund.
3 (3) ALLOCATION AUTHORITY.—
4 (A) SUBMISSION OF COST ESTIMATES.—
5 The President shall submit to Congress detailed
6 account, program, project, and activity alloca-
7 tions of the full amount made available under
8 subsection (c)(2)—
9 (i) for fiscal years 2022 and 2023, not
10 later than 90 days after the date of enact-
11 ment of this Act; and
12 (ii) for each subsequent fiscal year
13 through 2026, as part of the annual budg-
14 et submission of the President under sec-
15 tion 1105(a) of title 31, United States
16 Code.
17 (B) ALTERNATE ALLOCATION.—
18 (i) IN GENERAL.—The Committees on
19 Appropriations of the House of Represent-
20 atives and the Senate may provide for al-
21 ternate allocation of amounts made avail-
22 able under subsection (c)(2), including by
23 account, program, project, and activity.
24 (ii) ALLOCATION BY PRESIDENT.—
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1 (I) NO ALTERNATE ALLOCA-
2 TIONS.—If Congress has not enacted
3 legislation establishing alternate allo-
4 cations, including by account, pro-
5 gram, project, and activity, by the
6 date on which the Act making full-
7 year appropriations for the Depart-
8 ment of State, Foreign Operations,
9 and Related Programs for the applica-
10 ble fiscal year is enacted into law,
11 only then shall amounts made avail-
12 able under subsection (c)(2) be allo-
13 cated by the President or apportioned
14 or allotted by account, program,
15 project, and activity pursuant to title
16 31, United States Code.
17 (II) INSUFFICIENT ALTERNATE
18 ALLOCATION.—If Congress enacts leg-
19 islation establishing alternate alloca-
20 tions, including by account, program,
21 project, and activity, for amounts
22 made available under subsection
23 (c)(2) that are less than the full
24 amount appropriated under that sub-
25 section, the difference between the
•HR 4521 EH
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1 amount appropriated and the alter-
2 nate allocation shall be allocated by
3 the President and apportioned and al-
4 lotted by account, program, project,
5 and activity pursuant to title 31,
6 United States Code.
7 (d) SEQUESTRATION.—Section 255(g)(1)(A) of the
8 Balanced Budget and Emergency Deficit Control Act of
9 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting
10 after ‘‘Continuing Fund, Southwestern Power Administra-
11 tion (89–5649–0–2–271).’’ the following:
12 ‘‘Creating Helpful Incentives to Produce
13 Semiconductors (CHIPS) for America Fund.
14 ‘‘Creating Helpful Incentives to Produce
15 Semiconductors (CHIPS) for America Defense
16 Fund.
17 ‘‘Creating Helpful Incentives to Produce
18 Semiconductors (CHIPS) for America Inter-
19 national Technology Security and Innovation
20 Fund.’’.
21 (e) STATUTORY PAYGO SCORECARDS.—The budg-
22 etary effects of this section shall not be entered on either
23 PAYGO scorecard maintained pursuant to section 4(d) of
24 the Statutory Pay-As-You-Go Act of 2010.
•HR 4521 EH
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1 (f) LIMITATION ON USING AMOUNTS FOR STOCK
2 BUYBACKS OR THE PAYMENT OF DIVIDENDS.—
3 (1) IN GENERAL.—A person receiving amounts
4 appropriated under this section or from a covered
5 fund may not use such amounts—
6 (A) to purchase an equity security that is
7 listed on a national securities exchange of such
8 person or any parent company of such person;
9 or
10 (B) to pay dividends or make other capital
11 distributions with respect to the common stock
12 (or equivalent interest) of the person.
13 (2) COVERED FUND.—In this subsection, the
14 term ‘‘covered fund’’ means—
15 (A) the Creating Helpful Incentives to
16 Produce Semiconductors (CHIPS) for America
17 Fund;
18 (B) the Creating Helpful Incentives to
19 Produce Semiconductors (CHIPS) for America
20 Defense Fund; and
21 (C) the Creating Helpful Incentives to
22 Produce Semiconductors (CHIPS) for America
23 International Technology Security and Innova-
24 tion Fund.
•HR 4521 EH
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1 SEC. 10002. SEMICONDUCTOR INCENTIVES.
2 (a) DEFINITIONS.—Section 9901 of the William M.
3 (Mac) Thornberry National Defense Authorization Act for
4 Fiscal Year 2021 (Public Law 116–283) is amended—
5 (1) in paragraph (2)—
6 (A) by inserting ‘‘production,’’ before ‘‘or
7 research and development’’; and
8 (B) by striking ‘‘of semiconductors.’’ and
9 inserting ‘‘of semiconductors, materials used to
10 manufacture semiconductors, or semiconductor
11 manufacturing equipment.’’;
12 (2) by redesignating paragraphs (4), (5), (6),
13 (7), (8), and (9) as paragraphs (5), (6), (7), (8),
14 (10), and (11), respectively;
15 (3) by inserting after paragraph (3) the fol-
16 lowing:
17 ‘‘(4) The term ‘critical manufacturing indus-
18 try’—
19 ‘‘(A) means an industry—
20 ‘‘(i) that is assigned a North Amer-
21 ican Industry Classification System code
22 beginning with 31, 32, or 33; and
23 ‘‘(ii) for which the industry compo-
24 nents that are assigned a North American
25 Industry Classification System code begin-
•HR 4521 EH
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1 ning with the same 4 digits as the indus-
2 try—
3 ‘‘(I) manufacture primary prod-
4 ucts and parts, the sum of which ac-
5 count for not less than 5 percent of
6 the manufacturing value added by in-
7 dustry gross domestic product of the
8 United States; and
9 ‘‘(II) employ individuals for pri-
10 mary products and parts manufac-
11 turing activities that, combined, ac-
12 count for not less than 5 percent of
13 manufacturing employment in the
14 United States; and
15 ‘‘(B) may include any other manufacturing
16 industry designated by the Secretary based on
17 the relevance of the manufacturing industry to
18 the national and economic security of the
19 United States, including the impacts of job
20 losses.’’; and
21 (4) by inserting after paragraph (8), as so re-
22 designated, the following:
23 ‘‘(9) The term ‘mature technology node’ has the
24 meaning given the term by the Secretary.’’.
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1 (b) SEMICONDUCTOR PROGRAM.—Section 9902 of
2 the William M. (Mac) Thornberry National Defense Au-
3 thorization Act for Fiscal Year 2021 (Public Law 116–
4 283) is amended—
5 (1) in subsection (a)(1)—
6 (A) by striking ‘‘for semiconductor fabrica-
7 tion’’ and inserting ‘‘for the fabrication’’;
8 (B) by inserting ‘‘production,’’ before ‘‘or
9 research and development’’; and
10 (C) by striking the period at the end and
11 inserting ‘‘of semiconductors, materials used to
12 manufacture semiconductors, or semiconductor
13 manufacturing equipment.’’; and
14 (2) in subsection (a)(2)—
15 (A) in subparagraph (B)(ii)—
16 (i) in subclause (III), by striking
17 ‘‘and’’ at the end;
18 (ii) in subclause (IV), by striking the
19 period at the end and inserting ‘‘and’’; and
20 (iii) by adding at the end the fol-
21 lowing:
22 ‘‘(V) determined—
23 ‘‘(aa) the type of semicon-
24 ductor technology the covered en-
•HR 4521 EH
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1 tity will produce at the facility
2 described in clause (i); and
3 ‘‘(bb) the customers to
4 which the covered entity plans to
5 sell the semiconductor technology
6 described in item (aa).’’;
7 (B) in subparagraph (C)—
8 (i) in clause (i)—
9 (I) in subclause (II), by striking
10 ‘‘is in the interest of the United
11 States’’ and inserting ‘‘is in the eco-
12 nomic and national security interests
13 of the United States’’; and
14 (II) in subclause (III), by strik-
15 ing ‘‘and’’ at the end;
16 (ii) in clause (ii)(IV), by striking
17 ‘‘and’’ at the end;
18 (iii) by redesignating clause (iii) as
19 clause (iv); and
20 (iv) by inserting after clause (ii) the
21 following:
22 ‘‘(iii) the Secretary shall consider the
23 type of semiconductor technology produced
24 by the covered entity and whether that
25 semiconductor technology advances the
•HR 4521 EH
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1 economic and national security interests of
2 the United States; and’’;
3 (C) by redesignating subparagraph (D) as
4 subparagraph (E) and by inserting at the end
5 of such subparagraph the following: ‘‘Any appli-
6 cant with more than 100 employees shall pro-
7 vide data to the Secretary on the racial diver-
8 sity of their workforce.’’; and
9 (D) by inserting after subparagraph (C)
10 the following:
11 ‘‘(D) PRIORITY.—In awarding Federal fi-
12 nancial assistance to covered entities under sub-
13 section (a), the Secretary shall give priority to
14 ensuring that a covered entity receiving finan-
15 cial assistance will—
16 ‘‘(i) manufacture semiconductors nec-
17 essary to address gaps and vulnerabilities
18 in the domestic supply chain across a di-
19 verse range of technology and process
20 nodes; and
21 ‘‘(ii) provide a secure supply of semi-
22 conductors necessary for the national secu-
23 rity, manufacturing, critical infrastructure,
24 and technology leadership of the United
•HR 4521 EH
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1 States and other essential elements of the
2 economy of the United States.’’;
3 (3) in paragraph (4)(A), by striking ‘‘used for
4 semiconductors’’ and inserting ‘‘used for the pur-
5 poses’’;
6 (4) in subsection (c)(1)(B)—
7 (A) in clause (i), by striking ‘‘; and’’ and
8 inserting a semicolon; and
9 (B) by adding at the end the following:
10 ‘‘(iii) the Federal Government could
11 take specific actions to address shortages
12 in the semiconductor supply chain, includ-
13 ing—
14 ‘‘(I) demand-side incentives, in-
15 cluding incentives related to the infor-
16 mation and communications tech-
17 nology supply chain; and
18 ‘‘(II) additional incentives, at na-
19 tional and global scales, to accelerate
20 utilization of leading-edge semicon-
21 ductor nodes to address shortages in
22 mature semiconductor nodes; and’’;
23 (5) in subsection (c)(1)(C)(iii), by striking ‘‘in-
24 cluding efforts to hire individuals from disadvan-
25 taged populations; and’’ and inserting ‘‘including—
•HR 4521 EH
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1 ‘‘(I) efforts to hire individuals
2 from disadvantaged populations; and
3 ‘‘(II) the aggregated racial diver-
4 sity of workforce data for applicants
5 who received awards made under the
6 program and separately for applicants
7 who unsuccessfully applied for such
8 an award; and’’; and
9 (6) by adding at the end the following:
10 ‘‘(d) SENSE OF CONGRESS.—It is the sense of Con-
11 gress that, in carrying out subsection (a), the Secretary
12 should allocate funds in a manner that—
13 ‘‘(1) strengthens the security and resilience of
14 the semiconductor supply chain, including by miti-
15 gating gaps and vulnerabilities;
16 ‘‘(2) provides a supply of secure semiconductors
17 relevant for national security;
18 ‘‘(3) strengthens the leadership of the United
19 States in semiconductor technology;
20 ‘‘(4) grows the economy of the United States
21 and supports job creation in the United States;
22 ‘‘(5) in consultation with the Director of the
23 Minority Business Development Agency, adequately
24 addresses the inclusion of economically disadvan-
•HR 4521 EH
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1 taged individuals and similarly-situated small busi-
2 nesses; and
3 ‘‘(6) improves the resiliency of the semicon-
4 ductor supply chains of critical manufacturing in-
5 dustries.
6 ‘‘(e) ADDITIONAL ASSISTANCE FOR MATURE TECH-
7 NOLOGY NODES.—
8 ‘‘(1) IN GENERAL.—The Secretary shall estab-
9 lish within the program established under subsection
10 (a) an additional program that provides Federal fi-
11 nancial assistance to covered entities to incentivize
12 investment in facilities and equipment in the United
13 States for the fabrication, assembly, testing, or ad-
14 vanced packaging of semiconductors at mature tech-
15 nology nodes.
16 ‘‘(2) ELIGIBILITY AND REQUIREMENTS.—In
17 order for an entity to qualify to receive Federal fi-
18 nancial assistance under this subsection, the covered
19 entity shall—
20 ‘‘(A) submit an application under sub-
21 section (a)(2)(A);
22 ‘‘(B) meet the eligibility requirements
23 under subsection (a)(2)(B);
24 ‘‘(C)(i) provide equipment or materials for
25 the fabrication, assembly, testing, or advanced
•HR 4521 EH
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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 finan-
7 cial assistance received under this section to in-
8 crease the production of semiconductors at ma-
9 ture technology 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 sub-
19 section, the Secretary may consider whether a cov-
20 ered entity produces or supplies equipment or mate-
21 rials used in the fabrication, assembly, testing, or
22 advanced packaging of semiconductors at mature
23 technology nodes that are necessary to support a
24 critical manufacturing industry.
•HR 4521 EH
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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
14 receives 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—
20 (1) in subsection (a)(3)(A)(ii)(II), by inserting
21 ‘‘, including for technologies based on organic and
22 inorganic materials’’ before the semicolon at the end;
23 and
24 (2) by adding at the end the following:
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1 ‘‘(h) INFRASTRUCTURE GRANTS.—Section 602 of the
2 Public Works and Economic Development Act of 1965 (42
3 U.S.C. 3212) shall apply to a construction project that
4 receives financial assistance from the Secretary under this
5 section.’’.
6 (d) LOAN GUARANTEE AUTHORITIES.—Section 9902
7 of the William M. (Mac) Thornberry National Defense Au-
8 thorization Act for Fiscal Year 2021 (Public Law 116–
9 283) is amended by adding at the end the following:
10 ‘‘(d) LOANS AND LOAN GUARANTEES.—Subject to
11 the requirements of subsection (a) of this section, the Sec-
12 retary of Commerce is authorized to make or guarantee
13 loans to covered entities as financial assistance under this
14 section. Loans made or guaranteed under this section will
15 be on such terms and conditions as the Secretary may pre-
16 scribe.’’.
17 (e) ADMINISTRATIVE CHANGES.—Section 9906 of the
18 William M. (Mac) Thornberry National Defense Author-
19 ization Act for Fiscal Year 2021 (Public Law 116–283)
20 is amended—
21 (1) in subsection (c)(1) by adding at the end
22 the following: ‘‘The Secretary may make financial
23 assistance awards in support of the center.’’;
24 (2) in subsection (c)(2)(B) by inserting ‘‘and
25 capitalize’’ before ‘‘an investment fund’’;
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1 (3) in subsection (d) by—
2 (A) striking ‘‘the Manufacturing USA in-
3 stitute’’ and inserting ‘‘a Manufacturing USA
4 institute’’; and
5 (B) adding to the end the following: ‘‘The
6 Director may make financial assistance awards
7 in support of the Program.’’; and
8 (4) in subsection (f) by—
9 (A) striking ‘‘a Manufacturing USA Insti-
10 tute’’ and inserting ‘‘one or more Manufac-
11 turing USA Institutes’’;
12 (B) striking ‘‘is focused on semiconductor
13 manufacturing’’ and inserting ‘‘are focused on
14 semiconductor manufacturing’’;
15 (C) inserting ‘‘The Secretary may also pro-
16 vide financial assistance to any Manufacturing
17 USA institute for work related to semicon-
18 ductor manufacturing.’’ after ‘‘focused on semi-
19 conductor manufacturing.’’; and
20 (D) striking ‘‘Such institute may empha-
21 size’’ and inserting ‘‘Such institutes may em-
22 phasize’’.
23 (f) ADDITIONAL AUTHORITIES.—The William M.
24 (Mac) Thornberry National Defense Authorization Act for
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1 Fiscal Year 2021 (Public Law 116–283) is amended by
2 adding at the end the following:
3 ‘‘SEC. 9909. ADDITIONAL AUTHORITIES.
4 ‘‘In carrying out the responsibilities of the Depart-
5 ment of Commerce under this Act, the Secretary of Com-
6 merce may—
7 ‘‘(1) enter into agreements, including contracts,
8 grants and cooperative agreements, and other trans-
9 actions as may be necessary and on such terms as
10 the Secretary considers appropriate;
11 ‘‘(2) make advance payments under agreements
12 and other transactions authorized by paragraph (1)
13 without regard to section 3324 of title 31, United
14 States Code;
15 ‘‘(3) include a clause that requires a person or
16 other entity to make payments to the Department of
17 Commerce as a condition for receiving support
18 through an award of assistance or other transaction,
19 and any funds received shall be credited to and
20 merged with the account from which such support
21 was made;
22 ‘‘(4) procure temporary and intermittent serv-
23 ices of experts and consultants in accordance with
24 section 3109 of title 5, United States Code;
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1 ‘‘(5) notwithstanding section 3104 of title 5,
2 United States Code, or the provisions of any other
3 law relating to the appointment, number, classifica-
4 tion, or compensation of employees, make appoint-
5 ments of scientific, engineering, and professional
6 personnel, and fix the basic pay of such personnel at
7 a rate to be determined by the Secretary at rates not
8 in excess of the highest total annual compensation
9 payable at the rate determined under section 104 of
10 title 3, United States Code, except that the Sec-
11 retary shall appoint not more than 25 personnel
12 under this paragraph; and
13 ‘‘(6) with the consent of another Federal agen-
14 cy, enter into an agreement with that Federal agen-
15 cy to utilize, with or without reimbursement, any
16 service, equipment, personnel, or facility of that Fed-
17 eral agency.’’.
18 (g) CONFORMING AMENDMENT.—The analysis for
19 the William M. (Mac) Thornberry National Defense Au-
20 thorization Act for Fiscal Year 2021 (Public Law 116–
21 283) is amended by adding after the item relating to sec-
22 tion 9908 the following:
‘‘9909. Additional authorities.’’.
23 SEC. 10003. OFFICE OF OPPORTUNITY AND INCLUSION.
24 (a) ESTABLISHMENT.—Not later than 6 months after
25 the date of the enactment of this Act, the Secretary of
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1 Commerce shall establish an Office of Opportunity and In-
2 clusion in the Department of Commerce, within the pro-
3 gram established under section 9902 of the William M.
4 (Mac) Thornberry National Defense Authorization Act for
5 Fiscal Year 2021 (Public Law 116–283), that shall be re-
6 sponsible for carrying out this section using existing ap-
7 propriated funds.
8 (b) DIRECTOR.—
9 (1) IN GENERAL.—The Director shall be ap-
10 pointed by, and shall report to, the Secretary or the
11 designee of the Secretary. The position of Director
12 shall be a career reserved position in the Senior Ex-
13 ecutive Service, as that position is defined in section
14 3132 of title 5, United State Code, or an equivalent
15 designation.
16 (2) DUTIES.—The Director shall assist the Sec-
17 retary by developing standards for—
18 (A) assessing the eligibility of a covered
19 entity for financial assistance for a project as it
20 relates to section 9902(a)(2)(B)(ii)(II) and
21 (III) of the William M. (Mac) Thornberry Na-
22 tional Defense Authorization Act for Fiscal
23 Year 2021 (Public Law 116–283);
24 (B) ensuring a covered entity has carried
25 out the commitments of the covered entity to
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1 economically disadvantaged individuals as de-
2 scribed in its application by the target dates for
3 completion set by the Secretary in section
4 9902(a)(5)(A) of such Act; and
5 (C) increased participation of and outreach
6 to economically disadvantaged individuals, mi-
7 nority-owned businesses, veteran-owned busi-
8 nesses and women-owned businesses in the geo-
9 graphic area of a project under such section
10 9902 and serve as a resource for those individ-
11 uals, businesses, and covered entity.
12 (c) STAFF.—The Office of Opportunity and Inclusion
13 shall be staffed at the appropriate levels to carry out the
14 functions and responsibilities of the Office under this sec-
15 tion at least until 12 months after 95 percent of funds
16 have been expended.
17 (d) REPORT.—The Secretary shall submit to Con-
18 gress and make publicly available on its website an annual
19 report regarding the actions taken by the Department of
20 Commerce and the Office under this section.
21 SEC. 10004. ADDITIONAL GAO REPORTING REQUIREMENT.
22 Section 9902(c)(1)(C) of William M. (Mac) Thorn-
23 berry National Defense Authorization Act for Fiscal Year
24 2021 (Public Law 116–283) is amended—
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1 (1) in clause (iii), by striking ‘‘; and’’ and in-
2 serting a semicolon; and
3 (2) by inserting after clauve (iv) the following
4 new clause:
5 ‘‘(v) how projects are supporting the
6 semiconductor needs of critical infrastruc-
7 ture industries in the United States, in-
8 cluding those industries designated by the
9 Cybersecurity and Infrastructure Security
10 Agency as essential infrastructure indus-
11 tries; and’’.
12 SEC. 10005. COMPTROLLER GENERAL REPORT.
13 Not later than September 30, 2023, the Comptroller
14 General of the United States shall submit to Congress a
15 report on the number and amount of awards made pursu-
16 ant to sections 9902 and 9202(a)(1) of the William M.
17 (Mac) Thornberry National Defense Authorization Act for
18 Fiscal Year 2021 (Public Law 116–283), disaggregated
19 by recipients of each such award that are majority owned
20 and controlled by minority individuals and majority owned
21 and controlled by women.
22 SEC. 10006. MODIFICATION TO CERTAIN GAO REPORTS.
23 (a) SEMICONDUCTOR INCENTIVES.—Section
24 9902(c)(1) of the William M. (Mac) Thornberry National
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1 Defense Authorization Act for Fiscal Year 2021 (Public
2 Law 116–283) is amended—
3 (1) in subparagraph (B)(ii), by striking ‘‘and’’
4 at the end;
5 (2) by adding at the end the following new sub-
6 paragraph:
7 ‘‘(D) the number and amount of contracts
8 and subcontracts awarded by a covered entity
9 using funds made available under subsection (a)
10 disaggregated by recipients of each such con-
11 tract or subcontracts that are majority owned
12 and controlled by minority individuals and ma-
13 jority owned and controlled by women; and’’.
14 (b) DEPARTMENT OF DEFENSE.—Section
15 9202(a)(1)(G)(ii)(I) of the William M. (Mac) Thornberry
16 National Defense Authorization Act for Fiscal Year 2021
17 (Public Law 116–283) is amended by inserting ‘‘(includ-
18 ing whether recipients are majority owned and controlled
19 by minority individuals and majority owned and controlled
20 by women)’’ after ‘‘to whom’’.
21 SEC. 10007. EXPANDING THE SEMICONDUCTOR INCENTIVE
22 PROGRAM TO INCLUDE NONPROFITS.
23 Section 9901(2) of William M. (Mac) Thornberry Na-
24 tional Defense Authorization Act for Fiscal Year 2021
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1 (Public Law 116–283) is amended by inserting ‘‘a non-
2 profit entity’’ before ‘‘a private entity’’.
3 DIVISION B—RESEARCH AND
4 INNOVATION
5 TITLE I—DEPARTMENT OF EN-
6 ERGY SCIENCE FOR THE FU-
7 TURE
8 SEC. 10101. MISSION OF THE OFFICE OF SCIENCE.
9 Section 209 of the Department of Energy Organiza-
10 tion Act (42 U.S.C. 7139) is amended by adding at the
11 end the following:
12 ‘‘(d) USER FACILITIES.—The Director shall carry
13 out the construction, operation, and maintenance of user
14 facilities to support the mission described in subsection
15 (c). As practicable, these facilities shall serve the needs
16 of the Department, industry, the academic community,
17 and other relevant entities for the purposes of advancing
18 the missions of the Department, improving the competi-
19 tiveness of the United States, protecting public health and
20 safety, and addressing other national priorities including
21 emergencies.
22 ‘‘(e) COORDINATION.—
23 ‘‘(1) IN GENERAL.—The Secretary—
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1 ‘‘(A) shall ensure the coordination of the
2 Office of Science with the other activities of the
3 Department;
4 ‘‘(B) shall support joint activities among
5 the programs of the Department;
6 ‘‘(C) shall coordinate with other relevant
7 Federal agencies in supporting advancements in
8 related research areas as appropriate; and
9 ‘‘(D) may form partnerships to enhance
10 the utilization of and ensure access to user fa-
11 cilities by other Federal agencies.
12 ‘‘(2) OFFICE OF SCIENCE.—The Director—
13 ‘‘(A) shall ensure the coordination of pro-
14 grams and activities carried out by the Office of
15 Science; and
16 ‘‘(B) shall direct all programs which have
17 not recently completed a future planning road-
18 map consistent with the funding of such pro-
19 grams authorized under the America COM-
20 PETES Act of 2022 to complete such a road-
21 map.’’.
22 SEC. 10102. BASIC ENERGY SCIENCES PROGRAM.
23 (a) DEPARTMENT OF ENERGY RESEARCH AND INNO-
24 VATION ACT.—Section 303 of the Department of Energy
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1 Research and Innovation Act (42 U.S.C. 18641) is amend-
2 ed—
3 (1) by redesignating subsections (a) through (e)
4 as subsections (c) through (g), respectively; and
5 (2) by inserting before subsection (c), as so re-
6 designated, the following:
7 ‘‘(a) PROGRAM.—As part of the activities authorized
8 under section 209 of the Department of Energy Organiza-
9 tion Act (42 U.S.C. 7139), the Director shall carry out
10 a research and development program in basic energy
11 sciences, including materials sciences and engineering,
12 chemical sciences, physical biosciences, geosciences, and
13 other disciplines, to understand, model, and control matter
14 and energy at the electronic, atomic, and molecular levels
15 in order to provide the foundations for new energy tech-
16 nologies, address scientific grand challenges, and support
17 the energy, environment, and national security missions
18 of the Department.
19 ‘‘(b) SUSTAINABLE CHEMISTRY.—In carrying out
20 chemistry-related research and development activities
21 under this section, the Director shall prioritize research
22 and development of sustainable chemistry to support
23 clean, safe, and economic alternatives and methodologies
24 to traditional chemical products and processes.’’;
25 (3) in subsection (d), as so redesignated—
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1 (A) in paragraph (3)—
2 (i) subparagraph (C), by striking
3 ‘‘and’’ at the end;
4 (ii) by redesignating subparagraph
5 (D) as subparagraph (E); and
6 (iii) by inserting after subparagraph
7 (C) the following:
8 ‘‘(D) autonomous chemistry and materials
9 synthesis and characterization facilities that le-
10 verage advances in artificial intelligence; and’’;
11 and
12 (B) by adding at the end the following:
13 ‘‘(4) ADVANCED PHOTON SOURCE UPGRADE.—
14 ‘‘(A) DEFINITIONS.—In this paragraph:
15 ‘‘(i) FLUX.—The term ‘flux’ means
16 the rate of flow of photons.
17 ‘‘(ii) HARD X-RAY.—The term ‘hard
18 x-ray’ means a photon with energy greater
19 than 20 kiloelectron volts.
20 ‘‘(B) IN GENERAL.—The Secretary shall
21 provide for the upgrade to the Advanced Pho-
22 ton Source described in the publication ap-
23 proved by the Basic Energy Sciences Advisory
24 Committee on June 9, 2016, titled ‘Report on
25 Facility Upgrades’, including the development
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1 of a multi-bend achromat lattice to produce a
2 high flux of coherent x-rays within the hard x-
3 ray energy region and a suite of beamlines opti-
4 mized for this source.
5 ‘‘(C) START OF OPERATIONS.—The Sec-
6 retary shall, subject to the availability of appro-
7 priations, ensure that the start of full oper-
8 ations of the upgrade under this paragraph oc-
9 curs before March 31, 2026.
10 ‘‘(D) FUNDING.—Out of funds authorized
11 to be appropriated under subsection (j), there
12 are authorized to be appropriated to the Sec-
13 retary to carry out the upgrade under this
14 paragraph $101,000,000 for fiscal year 2022
15 and $56,000,000 for fiscal year 2023.
16 ‘‘(5) SPALLATION NEUTRON SOURCE PROTON
17 POWER UPGRADE.—
18 ‘‘(A) IN GENERAL.—The Secretary shall
19 provide for the proton power upgrade to the
20 Spallation Neutron Source.
21 ‘‘(B) PROTON POWER UPGRADE DE-
22 FINED.—For the purposes of this paragraph,
23 the term ‘proton power upgrade’ means the
24 Spallation Neutron Source power upgrade de-
25 scribed in—
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1 ‘‘(i) the publication titled ‘Facilities
2 for the Future of Science: A Twenty-Year
3 Outlook’, published by the Office of
4 Science of the Department of Energy in
5 December, 2003;
6 ‘‘(ii) the publication titled ‘Four Years
7 Later: An Interim Report on Facilities for
8 the Future of Science: A Twenty-Year
9 Outlook’, published by the Office of
10 Science of the Department of Energy in
11 August, 2007; and
12 ‘‘(iii) the publication approved by the
13 Basic Energy Sciences Advisory Committee
14 on June 9, 2016, titled ‘Report on Facility
15 Upgrades’.
16 ‘‘(C) START OF OPERATIONS.—The Sec-
17 retary shall, subject to the availability of appro-
18 priations, ensure that the start of full oper-
19 ations of the upgrade under this paragraph oc-
20 curs before July 30, 2028, with the option for
21 early operation in 2025.
22 ‘‘(D) FUNDING.—Out of funds authorized
23 to be appropriated under subsection (j), there
24 are authorized to be appropriated to the Sec-
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1 retary to carry out the upgrade under this
2 paragraph $49,800,000 for fiscal year 2022.
3 ‘‘(6) SPALLATION NEUTRON SOURCE SECOND
4 TARGET STATION.—
5 ‘‘(A) IN GENERAL.—The Secretary shall
6 provide for a second target station for the
7 Spallation Neutron Source.
8 ‘‘(B) SECOND TARGET STATION DE-
9 FINED.—For the purposes of this paragraph,
10 the term ‘second target station’ means the
11 Spallation Neutron Source second target station
12 described in—
13 ‘‘(i) the publication titled, ‘Facilities
14 for the Future of Science: A Twenty-Year
15 Outlook’, published by the Office of
16 Science of the Department of Energy in
17 December, 2003;
18 ‘‘(ii) the publication titled, ‘Four
19 Years Later: An Interim Report on Facili-
20 ties for the Future of Science: A Twenty-
21 Year Outlook’, published by the Office of
22 Science of the Department of Energy in
23 August, 2007; and
24 ‘‘(iii) the publication approved by the
25 Basic Energy Sciences Advisory Committee
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1 on June 9, 2016, titled ‘Report on Facility
2 Upgrades’.
3 ‘‘(C) START OF OPERATIONS.—The Sec-
4 retary shall, subject to the availability of appro-
5 priations, ensure that the start of full oper-
6 ations of the second target station under this
7 paragraph occurs before December 31, 2033,
8 with the option for early operation in 2029.
9 ‘‘(D) FUNDING.—Out of funds authorized
10 to be appropriated under subsection (j), there
11 are authorized to be appropriated to the Sec-
12 retary to carry out the activities under this
13 paragraph, including construction—
14 ‘‘(i) $70,000,000 for fiscal year 2022;
15 ‘‘(ii) $127,000,000 for fiscal year
16 2023;
17 ‘‘(iii) $204,000,000 for fiscal year
18 2024;
19 ‘‘(iv) $279,000,000 for fiscal year
20 2025; and
21 ‘‘(v) $300,000,000 for fiscal year
22 2026.
23 ‘‘(7) ADVANCED LIGHT SOURCE UPGRADE.—
24 ‘‘(A) DEFINITIONS.—In this paragraph:
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1 ‘‘(i) FLUX.—The term ‘flux’ means
2 the rate of flow of photons.
3 ‘‘(ii) SOFT X-RAY.—The term ‘soft x-
4 ray’ means a photon with energy in the
5 range from 50 to 2,000 electron volts.
6 ‘‘(B) IN GENERAL.—The Secretary shall
7 provide for the upgrade to the Advanced Light
8 Source described in the publication approved by
9 the Basic Energy Sciences Advisory Committee
10 on June 9, 2016, titled ‘Report on Facility Up-
11 grades’, including the development of a
12 multibend achromat lattice to produce a high
13 flux of coherent x-rays within the soft x-ray en-
14 ergy region.
15 ‘‘(C) START OF OPERATIONS.—The Sec-
16 retary shall, subject to the availability of appro-
17 priations, ensure that the start of full oper-
18 ations of the upgrade under this paragraph oc-
19 curs before September 30, 2029.
20 ‘‘(D) FUNDING.—Out of funds authorized
21 to be appropriated under subsection (j), there
22 are authorized to be appropriated to the Sec-
23 retary to carry out the upgrade under this
24 paragraph—
25 ‘‘(i) $75,100,000 for fiscal year 2022;
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1 ‘‘(ii) $135,000,000 for fiscal year
2 2023;
3 ‘‘(iii) $102,500,000 for fiscal year
4 2024;
5 ‘‘(iv) $25,000,000 for fiscal year
6 2025; and
7 ‘‘(v) $25,000,000 for fiscal year 2026.
8 ‘‘(8) LINAC COHERENT LIGHT SOURCE II HIGH
9 ENERGY UPGRADE.—
10 ‘‘(A) DEFINITIONS.—In this paragraph:
11 ‘‘(i) HIGH ENERGY X-RAY.—The term
12 ‘high energy x-ray’ means a photon with
13 an energy in the 5 to 13 kiloelectron volt
14 range.
15 ‘‘(ii) HIGH REPETITION RATE.—The
16 term ‘high repetition rate’ means the deliv-
17 ery of x-ray pulses up to 1 million pulses
18 per second.
19 ‘‘(iii) ULTRA-SHORT PULSE X-RAYS.—
20 The term ‘ultra-short pulse x-rays’ means
21 x-ray bursts capable of durations of less
22 than 100 femtoseconds.
23 ‘‘(B) IN GENERAL.—The Secretary shall—
24 ‘‘(i) provide for the upgrade to the
25 Linac Coherent Light Source II facility de-
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1 scribed in the publication approved by the
2 Basic Energy Sciences Advisory Committee
3 on June 9, 2016, titled ‘Report on Facility
4 Upgrades’, including the development of
5 experimental capabilities for high energy x-
6 rays to reveal fundamental scientific dis-
7 coveries; and
8 ‘‘(ii) ensure such upgrade enables the
9 production and use of high energy, ultra-
10 short pulse x-rays delivered at a high rep-
11 etition rate.
12 ‘‘(C) START OF OPERATIONS.—The Sec-
13 retary shall, subject to the availability of appro-
14 priations, ensure that the start of full oper-
15 ations of the upgrade under this paragraph oc-
16 curs before December 31, 2026.
17 ‘‘(D) FUNDING.—Out of funds authorized
18 to be appropriated under subsection (j), there
19 are authorized to be appropriated to the Sec-
20 retary to carry out the upgrade under this
21 paragraph—
22 ‘‘(i) $106,925,000 for fiscal year
23 2022;
24 ‘‘(ii) $125,925,000 for fiscal year
25 2023;
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1 ‘‘(iii) $115,000,000 for fiscal year
2 2024;
3 ‘‘(iv) $89,000,000 for fiscal year
4 2025; and
5 ‘‘(v) $49,344,000 for fiscal year 2026.
6 ‘‘(9) CRYOMODULE REPAIR AND MAINTENANCE
7 FACILITY.—
8 ‘‘(A) IN GENERAL.—The Secretary shall
9 provide for the construction of a cryomodule re-
10 pair and maintenance facility to service the
11 Linac Coherent Light Source II and upgrades
12 to the facility. The Secretary shall consult with
13 the private sector, universities, National Lab-
14 oratories, and relevant Federal agencies to en-
15 sure that this facility has the capability to
16 maintain, repair, and test superconducting ra-
17 diofrequency accelerator components.
18 ‘‘(B) FUNDING.—Out of funds authorized
19 to be appropriated under subsection (j), there
20 are authorized to be appropriated to the Sec-
21 retary to carry out the activities under this
22 paragraph—
23 ‘‘(i) $19,000,000 for fiscal year 2022;
24 ‘‘(ii) $25,000,000 for fiscal year 2023;
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1 ‘‘(iii) $25,000,000 for fiscal year
2 2024; and
3 ‘‘(iv) $17,000,000 for fiscal year
4 2025.
5 ‘‘(10) NANOSCALE SCIENCE RESEARCH CENTER
6 RECAPITALIZATION PROJECT.—
7 ‘‘(A) IN GENERAL.—The Secretary shall
8 provide for the recapitalization of the Nanoscale
9 Science Research Centers, to include the up-
10 grade of equipment at each Center supported
11 by the Office of Science on the date of enact-
12 ment of the America COMPETES Act of 2022,
13 to accelerate advances in the various fields of
14 science including nanoscience, materials, chem-
15 istry, biology, and quantum information science.
16 ‘‘(B) FUNDING.—Out of funds authorized
17 to be appropriated under subsection (j), there
18 are authorized to be appropriated to the Sec-
19 retary to carry out the recapitalization under
20 this paragraph—
21 ‘‘(i) $20,000,000 for fiscal year 2022;
22 ‘‘(ii) $30,000,000 for fiscal year 2023;
23 ‘‘(iii) $20,000,000 for fiscal year
24 2024; and
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1 ‘‘(iv) $20,000,000 for fiscal year
2 2025.’’; and
3 (4) by adding at the end the following:
4 ‘‘(h) COMPUTATIONAL MATERIALS AND CHEMICAL
5 SCIENCES.—
6 ‘‘(1) IN GENERAL.—The Director shall support
7 a program of research and development for the ap-
8 plication of advanced computing practices to
9 foundational and emerging research problems in
10 chemistry and materials science. Research activities
11 shall include—
12 ‘‘(A) chemical catalysis research and devel-
13 opment;
14 ‘‘(B) the use of large data sets to model
15 materials phenomena, including through ad-
16 vanced characterization of materials, materials
17 synthesis, processing, and innovative use of ex-
18 perimental and theoretical data;
19 ‘‘(C) co-design of chemical system and
20 chemistry modeling software with advanced
21 computing systems and hardware technologies;
22 and
23 ‘‘(D) modeling of chemical processes, as-
24 semblies, and reactions such as molecular dy-
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1 namics and quantum chemistry, including
2 through novel computing methods.
3 ‘‘(2) COMPUTATIONAL MATERIALS AND CHEM-
4 ICAL SCIENCES CENTERS.—
5 ‘‘(A) IN GENERAL.—In carrying out the
6 activities authorized under paragraph (1), the
7 Director shall select and establish up to six
8 computational materials and chemical sciences
9 centers to—
10 ‘‘(i) develop open-source, robust, and
11 validated computational codes and user-
12 friendly software, coupled with innovative
13 use of experimental and theoretical data,
14 to enable the design, discovery, and devel-
15 opment of new materials and chemical sys-
16 tems; and
17 ‘‘(ii) focus on overcoming challenges
18 and maximizing the benefits of exascale
19 and other high performance computing
20 underpinned by accelerated node tech-
21 nologies.
22 ‘‘(B) SELECTION.—The Director shall se-
23 lect centers under subparagraph (A) on a com-
24 petitive, merit-reviewed basis. The Director
25 shall consider applications from the National
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1 Laboratories, institutes of higher education,
2 multi-institutional collaborations, and other ap-
3 propriate entities.
4 ‘‘(C) DURATION.—
5 ‘‘(i) A center selected under subpara-
6 graph (A) shall receive support for a pe-
7 riod of not more than 5 years beginning on
8 the date of establishment of that center,
9 subject to the availability of appropria-
10 tions.
11 ‘‘(ii) A center already in existence on
12 the date of enactment of the America
13 COMPETES Act of 2022 may continue to
14 receive support for a period of not more
15 than 5 years beginning on the date of es-
16 tablishment of that center.
17 ‘‘(D) RENEWAL.—Upon the expiration of
18 any period of support of a center under this
19 subsection, the Director may renew support for
20 the center, on a merit-reviewed basis, for a pe-
21 riod of not more than 5 years.
22 ‘‘(E) TERMINATION.—Consistent with the
23 existing authorities of the Department, the Di-
24 rector may terminate an underperforming cen-
25 ter for cause during the performance period.
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1 ‘‘(i) MATERIALS RESEARCH DATABASE.—
2 ‘‘(1) IN GENERAL.—The Director shall support
3 the development of a web-based platform to develop
4 and provide access to a database of computed infor-
5 mation on known and predicted materials properties
6 and computational tools to accelerate breakthroughs
7 in materials discovery and design.
8 ‘‘(2) PROGRAM.—In carrying out this sub-
9 section, the Director shall—
10 ‘‘(A) conduct cooperative research with in-
11 dustry, academia, and other research institu-
12 tions to advance understanding, prediction, and
13 manipulation of materials and facilitate the de-
14 sign of novel materials;
15 ‘‘(B) develop and maintain data infrastruc-
16 ture at user facilities that generate data to col-
17 lect, analyze, label, and otherwise prepare the
18 data for inclusion in the database;
19 ‘‘(C) leverage existing high performance
20 computing systems to conduct high throughput
21 calculations, and develop computational and
22 data mining algorithms for the prediction of
23 material properties;
24 ‘‘(D) strengthen the foundation for new
25 technologies and advanced manufacturing; and
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1 ‘‘(E) drive the development of advanced
2 materials for applications that span the Depart-
3 ment’s missions in energy, environment, and
4 national security.
5 ‘‘(3) COORDINATION.—In carrying out this sub-
6 section, the Director shall leverage programs and ac-
7 tivities across the Department, including computa-
8 tional materials and chemical sciences centers estab-
9 lished under subsection (h).
10 ‘‘(4) FUNDING.—Out of funds authorized to be
11 appropriated under subsection (j), there are author-
12 ized to be appropriated to the Secretary to carry out
13 activities under this subsection $10,000,000 for each
14 of the fiscal years 2022 through 2026.
15 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There
16 are authorized to be appropriated to the Secretary to carry
17 out the activities described in this section—
18 ‘‘(1) $2,727,705,000 for fiscal year 2022;
19 ‘‘(2) $2,828,896,600 for fiscal year 2023;
20 ‘‘(3) $3,019,489,612 for fiscal year 2024;
21 ‘‘(4) $3,161,698,885 for fiscal year 2025; and
22 ‘‘(5) $3,291,651,600 for fiscal year 2026.’’.
23 (b) ARTIFICIAL PHOTOSYNTHESIS.—Section 973 of
24 the Energy Policy Act of 2005 (42 U.S.C. 16313) is
25 amended—
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1 (1) in subsection (b), by striking paragraph (4)
2 and inserting:
3 ‘‘(4) FUNDING.—From within funds authorized
4 to be appropriated for Basic Energy Sciences, there
5 are authorized to be appropriated to the Secretary
6 for carrying out activities under this subsection
7 $50,000,000 for each of fiscal years 2022 through
8 2026.’’; and
9 (2) in subsection (c), by striking paragraph (4)
10 and inserting:
11 ‘‘(4) FUNDING.—From within funds authorized
12 to be appropriated in section 316 of the Department
13 of Energy Research and Innovation Act, there are
14 authorized to be appropriated to the Secretary for
15 carrying out activities under this subsection
16 $50,000,000 for each of fiscal years 2022 through
17 2026.’’.
18 (c) ELECTRICITY STORAGE RESEARCH INITIATIVE.—
19 Section 975 of the Energy Policy Act of 2005 (42 U.S.C.
20 16315) is amended—
21 (1) in subsection (b), by striking paragraph (4)
22 and inserting:
23 ‘‘(4) FUNDING.—From within funds authorized
24 to be appropriated for Basic Energy Sciences, there
25 are authorized to be appropriated to the Secretary
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1 for carrying out activities under this subsection
2 $50,000,000 for each of fiscal years 2022 through
3 2026.’’;
4 (2) in subsection (c), by striking paragraph (4)
5 and inserting:
6 ‘‘(4) FUNDING.—From within funds authorized
7 to be appropriated in section 316 of the Department
8 of Energy Research and Innovation Act, there are
9 authorized to be appropriated to the Secretary for
10 carrying out activities under this subsection
11 $50,000,000 for each of fiscal years 2022 through
12 2026.’’; and
13 (3) in subsection (d), by striking paragraph (4)
14 and inserting:
15 ‘‘(4) FUNDING.—From within funds authorized
16 to be appropriated in section 316 of the Department
17 of Energy Research and Innovation Act, there are
18 authorized to be appropriated to the Secretary for
19 carrying out activities under this subsection
20 $20,000,000 for each of fiscal years 2022 through
21 2026.’’.
22 SEC. 10103. BIOLOGICAL AND ENVIRONMENTAL RESEARCH.
23 (a) PROGRAM; BIOLOGICAL SYSTEMS; BIOMOLEC-
24 ULAR CHARACTERIZATION AND IMAGING SCIENCE.—Sec-
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1 tion 306 of the Department of Energy Research and Inno-
2 vation Act (42 U.S.C. 18644) is amended—
3 (1) by striking subsection (a) and inserting the
4 following:
5 ‘‘(a) PROGRAM.—As part of the duties of the Director
6 authorized under section 209 of the Department of En-
7 ergy Organization Act (42 U.S.C. 7139), and coordinated
8 with the activities authorized under sections 303 and 304
9 of this Act, the Director shall carry out a program of re-
10 search and development in the areas of biological systems
11 science and climate and environmental science, including
12 subsurface science, relevant to the development of new en-
13 ergy technologies and to support the energy, environ-
14 mental, and national security missions of the Department.
15 ‘‘(b) BIOLOGICAL SYSTEMS.—The Director shall
16 carry out research and development activities in genomic
17 science including fundamental research on plants and mi-
18 crobes to increase systems-level understanding of the com-
19 plex biological systems, which may include activities to—
20 ‘‘(1) accelerate breakthroughs and new knowl-
21 edge that would enable the cost-effective, sustainable
22 production of—
23 ‘‘(A) biomass-based liquid transportation
24 fuels;
25 ‘‘(B) bioenergy; and
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1 ‘‘(C) biobased materials from renewable
2 biomass;
3 ‘‘(2) improve fundamental understanding of
4 plant and microbial processes impacting the global
5 carbon cycle, including processes for removing car-
6 bon dioxide from the atmosphere, through photosyn-
7 thesis and other biological processes, for sequestra-
8 tion and storage;
9 ‘‘(3) understand the microbiome mechanisms
10 used to transform, immobilize, or remove contami-
11 nants from subsurface environments;
12 ‘‘(4) develop the computational approaches and
13 integrated platforms for open access collaborative
14 science;
15 ‘‘(5) leverage tools and approaches across the
16 Office of Science to expand research to include novel
17 processes, methods, and science to develop bio-based
18 chemicals, polymers, inorganic materials, including
19 research to—
20 ‘‘(A) advance biosystems design research
21 to advance the understanding of how CRISPR
22 tools and other gene editing tools and tech-
23 nologies work in nature, in the laboratory, and
24 in practice;
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1 ‘‘(B) deepen genome-enabled knowledge of
2 root architecture and growth in crops, including
3 trees; and
4 ‘‘(C) develop biosystems design methods
5 and tools to increase the efficiency of photosyn-
6 thesis in plants; and
7 ‘‘(6) develop other relevant methods and proc-
8 esses as determined by the Director.
9 ‘‘(c) BIOMOLECULAR CHARACTERIZATION AND IMAG-
10 ING SCIENCE.—The Director shall carry out research and
11 development activities in biomolecular characterization
12 and imaging science, including development of integrative
13 imaging and analysis platforms and biosensors to under-
14 stand the expression, structure, and function of genome
15 information encoded within cells and for real-time meas-
16 urements in ecosystems and field sites of relevance to the
17 mission of the Department of Energy.’’; and
18 (2) by redesignating subsections (b) through (d)
19 as subsections (d) through (f), respectively.
20 (b) BIOENERGY RESEARCH CENTERS.—Section
21 977(f) of the Energy Policy Act of 2005 (42 U.S.C.
22 16317(f)) is amended to read as follows:
23 ‘‘(f) BIOENERGY RESEARCH CENTERS.—
24 ‘‘(1) IN GENERAL.—In carrying out the pro-
25 gram under section 306(a) of the Department of
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1 Energy Research and Innovation Act (42 U.S.C.
2 18644(a)), the Director shall support up to six bio-
3 energy research centers to conduct fundamental re-
4 search in plant and microbial systems biology, bio-
5 logical imaging and analysis, and genomics, and to
6 accelerate advanced research and development of
7 biomass-based liquid transportation fuels, bioenergy,
8 or biobased materials, chemicals, and products that
9 are produced from a variety of regionally diverse
10 feedstocks, and to facilitate the translation of re-
11 search results to industry. The activities of the cen-
12 ters authorized under this subsection may include—
13 ‘‘(A) accelerating the domestication of bio-
14 energy-relevant plants, microbes, and associated
15 microbial communities to enable high-impact,
16 value-added coproduct development at multiple
17 points in the bioenergy supply chain;
18 ‘‘(B) developing the science and techno-
19 logical advances to ensure process sustainability
20 is considered in the creation of biofuels and bio-
21 products from lignocellulose; and
22 ‘‘(C) using the latest tools in genomics,
23 molecular biology, catalysis science, chemical
24 engineering, systems biology, and computational
25 and robotics technologies to sustainably produce
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1 and transform biomass into biofuels and bio-
2 products.
3 ‘‘(2) SELECTION AND DURATION.—
4 ‘‘(A) IN GENERAL.—A center established
5 under paragraph (1) shall be selected on a com-
6 petitive, merit-reviewed basis for a period of not
7 more than 5 years, subject to the availability of
8 appropriations, beginning on the date of estab-
9 lishment of that center.
10 ‘‘(B) APPLICATIONS.—The Director shall
11 consider applications from National Labora-
12 tories, multi-institutional collaborations, and
13 other appropriate entities.
14 ‘‘(C) EXISTING CENTERS.—A center al-
15 ready in existence on the date of enactment of
16 the America COMPETES Act of 2022 may
17 continue to receive support for a period of not
18 more than 5 years beginning on the date of es-
19 tablishment of that center.
20 ‘‘(3) RENEWAL.—After the end of either period
21 described in paragraph (2), the Director may renew
22 support for the center for a period of not more than
23 5 years on a merit-reviewed basis. For a center in
24 operation for 10 years after its previous selection on
25 a competitive, merit-reviewed basis, the Director
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1 may renew support for the center on a competitive,
2 merit-reviewed basis for a period of not more than
3 5 years, and may subsequently provide an additional
4 renewal on a merit-reviewed basis for a period of not
5 more than 5 years.
6 ‘‘(4) TERMINATION.—Consistent with the exist-
7 ing authorities of the Department, the Director may
8 terminate an underperforming center for cause dur-
9 ing the performance period.
10 ‘‘(5) ACTIVITIES.—Centers shall undertake re-
11 search activities to accelerate the production of
12 biofuels and bioproducts from advanced biomass re-
13 sources by identifying the most suitable species of
14 plants for use as energy crops; and improving meth-
15 ods of breeding, propagation, planting, producing,
16 harvesting, storage and processing. Activities may
17 include the following:
18 ‘‘(A) Research activities to increase sus-
19 tainability, including—
20 ‘‘(i) advancing knowledge of how bio-
21 energy crop interactions with biotic and
22 abiotic environmental factors influence
23 crop growth, yield, and quality;
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1 ‘‘(ii) identifying the most impactful
2 research areas that address the economics
3 of biofuels and bioproducts production; and
4 ‘‘(iii) utilizing multiscale modeling to
5 advance predictive understanding of biofuel
6 cropping ecosystems.
7 ‘‘(B) Research activities to further feed-
8 stock development, including lignocellulosic,
9 algal, gaseous wastes including carbon oxides
10 and methane, and direct air capture of single
11 carbon gases via plants and microbes, includ-
12 ing—
13 ‘‘(i) developing genetic and genomic
14 tools, high-throughput analytical tools, and
15 biosystems design approaches to enhance
16 bioenergy feedstocks and their associated
17 microbiomes;
18 ‘‘(ii) conducting field testing of new
19 potential bioenergy feedstock crops under
20 environmentally benign and geographically
21 diverse conditions to assess viability and
22 robustness; and
23 ‘‘(iii) developing quantitative models
24 informed by experimentation to predict
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1 how bioenergy feedstocks perform under
2 diverse conditions.
3 ‘‘(C) Research activities to improve
4 lignocellulosic deconstruction and separation
5 methods, including—
6 ‘‘(i) developing feedstock-agnostic
7 deconstruction processes capable of effi-
8 ciently fractionating biomass into targeted
9 output streams;
10 ‘‘(ii) gaining a detailed understanding
11 of plant cell wall biosynthesis, composition,
12 structure, and properties during
13 deconstruction; and
14 ‘‘(iii) improving enzymes and ap-
15 proaches for biomass breakdown and cel-
16 lulose, hemicellulose, and lignin processing.
17 ‘‘(D) Research activities to improve the
18 feedstock conversion process for advanced
19 biofuels and bioproducts, including—
20 ‘‘(i) developing high-throughput meth-
21 ods to screen or select high-performance
22 microbial strains and communities to im-
23 prove product formation rates, yields, and
24 selectivity;
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1 ‘‘(ii) establishing a broad set of plat-
2 form microorganisms and microbial com-
3 munities suitable for metabolic engineering
4 to produce biofuels and bioproducts, as
5 well as high-throughput methods for exper-
6 imental validation of gene function;
7 ‘‘(iii) developing techniques to en-
8 hance microbial robustness for tolerating
9 toxins to improve biofuel and bioproduct
10 yields and to gain a better understanding
11 of the cellular and molecular bases of toler-
12 ance for major chemical classes of inhibi-
13 tors found in these processes;
14 ‘‘(iv) advancing technologies for the
15 use of batch, continuous, as well as con-
16 solidated bioprocessing;
17 ‘‘(v) identifying, creating, and opti-
18 mizing microbial and chemical pathways to
19 produce promising, atom-economical inter-
20 mediates and final bioproducts from bio-
21 mass with considerations given to environ-
22 mentally benign processes;
23 ‘‘(vi) developing high-throughput,
24 real-time, in situ analytical techniques to
25 understand and characterize the pre- and
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1 post-bioproduct separation streams in de-
2 tail;
3 ‘‘(vii) creating methodologies for effi-
4 ciently identifying viable target molecules,
5 identifying high-value bioproducts in exist-
6 ing biomass streams, and utilizing current
7 byproduct streams;
8 ‘‘(viii) identifying and improving plant
9 feedstocks with enhanced extractable levels
10 of desired bioproducts or bioproduct pre-
11 cursors, including lignin streams; and
12 ‘‘(ix) developing integrated biological
13 and chemical catalytic approaches to
14 valorize and produce a diverse portfolio of
15 advanced fuels and bioproducts.
16 ‘‘(6) INDUSTRY PARTNERSHIPS.—Centers shall
17 establish industry partnerships to translate research
18 results to commercial applications.
19 ‘‘(7) COORDINATION.—In coordination with the
20 Bioenergy Technologies Office of the Department,
21 the Director shall support interdisciplinary research
22 activities to improve the capacity, efficiency, resil-
23 ience, security, reliability, and affordability, of the
24 production and use of biofuels and bioproducts, as
25 well as activities to enable positive impacts and avoid
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1 the potential negative impacts that the production
2 and use of biofuels and bioproducts may have on
3 ecosystems, people, and historically marginalized
4 communities.
5 ‘‘(8) FUNDING.—Out of funds authorized to be
6 appropriated under section 306(l) of the Department
7 of Energy Research and Innovation Act (42 U.S.C.
8 18644(l)), there are authorized to be appropriated to
9 the Secretary $30,000,000, for each center in exist-
10 ence or established under this subsection, for each of
11 fiscal years 2022 through 2026.’’.
12 (c) LOW-DOSE RADIATION RESEARCH PROGRAM.—
13 Section 306(e)(8) of the Department of Energy Research
14 and Innovation Act (42 U.S.C. 18644(e)(8)), as redesig-
15 nated under subsection (a), is amended—
16 (1) in subparagraph (C), by striking ‘‘and’’;
17 (2) in subparagraph (D), by striking the period
18 at the end and inserting a semicolon; and
19 (3) by adding at the end the following:
20 ‘‘(E) $40,000,000 for fiscal year 2025; and
21 ‘‘(F) $50,000,000 for fiscal year 2026.’’.
22 (d) LOW-DOSE RADIATION AND SPACE RADIATION
23 RESEARCH PROGRAM.—Section 306(f) of the Department
24 of Energy Research and Innovation Act (42 U.S.C.
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1 18644(d)), as redesignated under subsection (a), is
2 amended to read as follows:
3 ‘‘(f) LOW-DOSE RADIATION AND SPACE RADIATION
4 RESEARCH PROGRAM.—
5 ‘‘(1) IN GENERAL.—The Secretary of Energy,
6 in consultation with the Administrator of the Na-
7 tional Aeronautics and Space Administration, shall
8 carry out a basic research program on the similar-
9 ities and differences between the effects of exposure
10 to low-dose radiation on Earth, in low Earth orbit,
11 and in the space environment.
12 ‘‘(2) PURPOSE.—The purpose of this program
13 is to accelerate breakthroughs in low-dose and low
14 dose-rate radiation research and development as de-
15 scribed in subsection (e) and to inform the advance-
16 ment of new tools, technologies, and advanced mate-
17 rials needed to facilitate long-duration space explo-
18 ration.’’.
19 (e) CLIMATE, ENVIRONMENTAL SCIENCE, AND
20 OTHER ACTIVITIES.—Section 306 of the Department of
21 Energy Research and Innovation Act (42 U.S.C. 18644)
22 is further amended by adding at the end the following:
23 ‘‘(g) EARTH AND ENVIRONMENTAL SYSTEMS
24 SCIENCES ACTIVITIES.—
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1 ‘‘(1) IN GENERAL.—As part of the activities au-
2 thorized under subsection (a), and in coordination
3 with activities carried out under subsection (b), the
4 Director shall carry out earth and environmental
5 systems science research, in consultation with the
6 National Oceanic and Atmospheric Administration
7 and other relevant agencies, which may include ac-
8 tivities to—
9 ‘‘(A) understand, observe, and model the
10 response of Earth’s atmosphere and biosphere
11 to increased concentrations of greenhouse gas
12 emissions and any associated changes in cli-
13 mate, including frequency and intensity of ex-
14 treme weather events;
15 ‘‘(B) understand the coupled physical,
16 chemical, and biological processes to transform,
17 immobilize, remove, or move carbon, nitrogen,
18 and other energy production-derived contami-
19 nants such as radionuclides and heavy metals,
20 and understand the process of sequestration
21 and transformation of these, carbon dioxide,
22 and other relevant molecules in subsurface envi-
23 ronments;
24 ‘‘(C) understand, observe, and model the
25 cycling of water, carbon, and nutrients in ter-
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1 restrial systems and at scales relevant to re-
2 sources management;
3 ‘‘(D) understand the biological, biogeo-
4 chemical, and physical processes across the
5 multiple scales that control the flux of environ-
6 mentally relevant compounds between the ter-
7 restrial surface and the atmosphere; and
8 ‘‘(E) inform potential natural mitigation
9 and adaptation options for increased concentra-
10 tions of greenhouse gas emissions and any asso-
11 ciated changes in climate.
12 ‘‘(2) PRIORITIZATION.—In carrying out the
13 program authorized under paragraph (1), the Direc-
14 tor shall prioritize—
15 ‘‘(A) the development of software and algo-
16 rithms to enable the productive application of
17 environmental systems and extreme weather in
18 climate and Earth system prediction models in
19 high-performance computing systems; and
20 ‘‘(B) capabilities that support the Depart-
21 ment’s mission needs for energy and infrastruc-
22 ture security, resilience, and reliability.
23 ‘‘(3) ENVIRONMENTAL SYSTEMS SCIENCE RE-
24 SEARCH.—
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1 ‘‘(A) IN GENERAL.—As part of the activi-
2 ties described in paragraph (1), the Director
3 shall carry out research to advance an inte-
4 grated, robust, and scale-aware predictive un-
5 derstanding of environmental systems, including
6 the role of hydrobiogeochemistry, from the sub-
7 surface to the top of the vegetative canopy that
8 considers effects of seasonal to interannual vari-
9 ability and change.
10 ‘‘(B) CLEAN WATER AND WATERSHED RE-
11 SEARCH.—As part of the activities described in
12 subparagraph (A), the Director shall—
13 ‘‘(i) support interdisciplinary research
14 to significantly advance our understanding
15 of water availability, quality, and the im-
16 pact of human activity and a changing cli-
17 mate on urban and rural watershed sys-
18 tems, including in freshwater environ-
19 ments;
20 ‘‘(ii) consult with the Interagency Re-
21 search, Development, and Demonstration
22 Coordination Committee on the Nexus of
23 Energy and Water for Sustainability estab-
24 lished under section 1010 of the Energy
25 Act of 2020 (division Z of the Consolidated
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1 Appropriations Act, 2021 (Public Law
2 116–260)) on energy-water nexus research
3 activities; and
4 ‘‘(iii) engage with representatives of
5 research and academic institutions, non-
6 profit organizations, State, territorial,
7 local, and tribal governments, and indus-
8 try, who have expertise in technologies,
9 technological innovations, or practices re-
10 lating to the energy-water nexus, as appli-
11 cable.
12 ‘‘(C) COORDINATION.—
13 ‘‘(i) DIRECTOR.—The Director shall
14 carry out activities under this paragraph in
15 accordance with priorities established by
16 the Secretary to support and accelerate the
17 decontamination of relevant facilities man-
18 aged by the Department.
19 ‘‘(ii) SECRETARY.—The Secretary
20 shall ensure the coordination of activities
21 of the Department, including activities
22 under this paragraph, to support and ac-
23 celerate the decontamination of relevant fa-
24 cilities managed by the Department.
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1 ‘‘(4) CLIMATE AND EARTH MODELING.—As
2 part of the activities described in paragraph (1), the
3 Director, in collaboration with the Advanced Sci-
4 entific Computing Research program described in
5 section 304 and other programs carried out by the
6 Department, as applicable, and in consultation with
7 the National Oceanic and Atmospheric Administra-
8 tion and other relevant agencies, shall carry out re-
9 search to develop, evaluate, and use high-resolution
10 regional climate, global climate, Earth system, and
11 other relevant models to inform decisions on reduc-
12 ing greenhouse gas emissions and the resulting im-
13 pacts of a changing global climate. Such modeling
14 shall include—
15 ‘‘(A) integrated capabilities for modeling
16 multisectoral interactions, including socio-
17 economic factors as appropriate, which may in-
18 clude the impacts of climate policies on social
19 and regional equity and well-being, and the
20 interdependencies and risks at the energy-
21 water-land nexus;
22 ‘‘(B) greenhouse gas emissions, air quality,
23 energy supply and demand, and other critical
24 elements; and
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1 ‘‘(C) interaction among human and Earth
2 systems informed by interdisciplinary research,
3 including the economic and social sciences.
4 ‘‘(5) MID-SCALE FUNDING MECHANISM.—
5 ‘‘(A) IN GENERAL.—Any of the activities
6 authorized in this subsection may be carried out
7 by competitively selected mid-scale, multi-insti-
8 tutional research centers in lieu of individual re-
9 search grants, or large-scale experiments or
10 user facilities.
11 ‘‘(B) CONSIDERATION.—The Biological
12 and Environmental Research Advisory Com-
13 mittee shall provide recommendations to the Di-
14 rector on projects most suitable for the research
15 centers described in subparagraph (A).
16 ‘‘(h) BIOLOGICAL AND ENVIRONMENTAL RESEARCH
17 USER FACILITIES.—
18 ‘‘(1) IN GENERAL.—The Director shall carry
19 out a program for the development, construction, op-
20 eration, and maintenance of user facilities to en-
21 hance the collection and analysis of observational
22 data related to complex biological, climate, and envi-
23 ronmental systems.
24 ‘‘(2) FACILITY REQUIREMENTS.—To the max-
25 imum extent practicable, the user facilities devel-
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1 oped, constructed, operated, or maintained under
2 paragraph (1) shall include—
3 ‘‘(A) distributed field research and obser-
4 vation platforms for understanding earth sys-
5 tem processes;
6 ‘‘(B) analytical techniques, instruments,
7 and modeling resources for understanding the
8 physical, chemical, and cellular processes of bio-
9 logical and environmental systems;
10 ‘‘(C) integrated high-throughput sequenc-
11 ing, advanced bioanalytic techniques, DNA de-
12 sign and synthesis, metabolomics, and computa-
13 tional analysis; and
14 ‘‘(D) such other facilities as the Director
15 considers appropriate, consistent with section
16 209 of the Department of Energy Organization
17 Act (42 U.S.C. 7139).
18 ‘‘(3) EXISTING FACILITIES.—In carrying out
19 the program established in paragraph (1), the Direc-
20 tor is encouraged to evaluate the capabilities of ex-
21 isting user facilities and, to the maximum extent
22 practicable, invest in modernization of those capa-
23 bilities to address emerging research priorities.
24 ‘‘(4) USER FACILITIES INTEGRATION AND COL-
25 LABORATION PROGRAM.—
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1 ‘‘(A) IN GENERAL.—The Director shall
2 support a program of collaboration between
3 user facilities as defined under this subsection
4 to encourage and enable researchers to more
5 readily integrate the tools, expertise, resources,
6 and capabilities of multiple Office of Science
7 user facilities (as described in section 209(d) of
8 the Department of Energy Organization Act
9 (42 U.S.C. 7139)) to further research and ad-
10 vance emerging technologies.
11 ‘‘(B) ACTIVITIES.—The program shall ad-
12 vance the integration of automation, robotics,
13 computational biology, bioinformatics, bio-
14 sensing, cellular platforms and other relevant
15 emerging technologies as determined by the Di-
16 rector to enhance productivity and scientific im-
17 pact of user facilities.
18 ‘‘(5) EARTH AND ENVIRONMENTAL SYSTEMS
19 SCIENCES USER FACILITIES.—
20 ‘‘(A) IN GENERAL.—In carrying out the
21 activities authorized under paragraph (1), the
22 Director shall establish and operate user facili-
23 ties to advance the collection, validation, and
24 analysis of atmospheric data, including activi-
25 ties to advance knowledge and improve model
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1 representations and measure the impact of at-
2 mospheric gases, aerosols, and clouds on earth
3 and environmental systems.
4 ‘‘(B) SELECTION.—The Director shall se-
5 lect user facilities under paragraph (1) on a
6 competitive, merit-reviewed basis. The Director
7 shall consider applications from the National
8 Laboratories, institutes of higher education,
9 multi-institutional collaborations, and other ap-
10 propriate entities.
11 ‘‘(C) EXISTING FACILITIES.—To the max-
12 imum extent practicable, the Director shall uti-
13 lize existing facilities to carry out this sub-
14 section.
15 ‘‘(6) COORDINATION.—In carrying out the pro-
16 gram authorized in paragraph (1), the Director shall
17 ensure that the Office of Science—
18 ‘‘(A) consults and coordinates with the Na-
19 tional Oceanic Atmospheric Administration, the
20 Environmental Protection Agency, the National
21 Aeronautics and Space Administration, the De-
22 partment of Agriculture, the Department of the
23 Interior, and any other relevant Federal agency
24 on the collection, validation, and analysis of at-
25 mospheric data; and
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1 ‘‘(B) coordinates with relevant stake-
2 holders, including institutes of higher education,
3 nonprofit research institutions, industry, State,
4 territorial, local, and tribal governments, and
5 other appropriate entities to ensure access to
6 the best available relevant atmospheric and his-
7 torical weather data.
8 ‘‘(i) COASTAL ZONE RESEARCH INITIATIVE.—
9 ‘‘(1) IN GENERAL.—The Director shall carry
10 out a research program, in consultation with the Na-
11 tional Oceanic and Atmospheric Administration, to
12 enhance the understanding of coastal ecosystems. In
13 carrying out this program, the Director shall
14 prioritize efforts to enhance the collection of obser-
15 vational data, and shall develop models to analyze
16 the ecological, biogeochemical, hydrological and
17 physical processes that interact in coastal zones.
18 ‘‘(2) NATIONAL SYSTEM FOR COASTAL DATA
19 COLLECTION.—The Director shall establish, in con-
20 sultation with the National Oceanic and Atmospheric
21 Administration and other relevant agencies, an inte-
22 grated system of geographically diverse field re-
23 search sites in order to improve the quantity and
24 quality of observational data, and that encompass
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1 the major land water interfaces of the United
2 States, including—
3 ‘‘(A) the Great Lakes region;
4 ‘‘(B) the Pacific coast;
5 ‘‘(C) the Atlantic coast;
6 ‘‘(D) the Arctic; and
7 ‘‘(E) the Gulf coast.
8 ‘‘(3) EXISTING INFRASTRUCTURE.—In carrying
9 out the programs and establishing the field research
10 sites under paragraph (1) and (2), the Secretary
11 shall leverage existing research and development in-
12 frastructure supported by the Department, including
13 the Department’s existing marine and coastal re-
14 search lab.
15 ‘‘(4) COORDINATION.—For the purposes of car-
16 rying out the programs and establishing the field re-
17 search sites under the Initiative, the Secretary may
18 enter into agreements with Federal Departments
19 and agencies with complementary capabilities.
20 ‘‘(5) REPORT.—Not less than 2 years after the
21 date of the enactment of the America COMPETES
22 Act of 2022, the Director shall provide to the Com-
23 mittee on Science, Space, and Technology and the
24 Committee on Appropriations of the House of Rep-
25 resentatives and the Committee on Energy and Nat-
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1 ural Resources and the Committee on Appropria-
2 tions of the Senate a report examining whether the
3 system described in this section should be estab-
4 lished as a National User Facility.
5 ‘‘(j) TECHNOLOGY DEVELOPMENT.—The Director
6 shall support a technology research program for the devel-
7 opment of instrumentation and other research tools re-
8 quired to meet the missions of the Department and to pro-
9 vide platform technologies for the broader scientific com-
10 munity. Technologies shall include but are not limited to—
11 ‘‘(1) cryo-electron microscopy;
12 ‘‘(2) fabricated ecosystems;
13 ‘‘(3) next generation sensors including quantum
14 sensors for biological integration and bioproduction;
15 ‘‘(4) technologies to accelerate data analysis;
16 and
17 ‘‘(5) plant and microbial phenotyping for gene
18 discovery.
19 ‘‘(k) EMERGING TECHNOLOGIES.—
20 ‘‘(1) IN GENERAL.—The Secretary shall estab-
21 lish within the Biological and Environmental Re-
22 search program an initiative focused on the develop-
23 ment of engineered ecosystems through the applica-
24 tion of artificial intelligence, novel sensing capabili-
25 ties, and other emerging technologies.
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1 ‘‘(2) INTERAGENCY COORDINATION.—The Sec-
2 retary shall coordinate with the Director of the Na-
3 tional Science Foundation, the Administrator of the
4 National Oceanic and Atmospheric Administration,
5 the Director of the U.S. Geological Survey, and
6 other relevant officials to avoid duplication of re-
7 search and observational activities and to ensure
8 that activities carried out under this initiative are
9 complimentary to those currently being undertaken
10 by other agencies.
11 ‘‘(3) REPORT.—Not later than 180 days after
12 the enactment of this Act, the Secretary shall pro-
13 vide a report to the Committee on Science, Space,
14 and Technology of the House, and the Committee on
15 Energy and Natural Resources of the Senate, on the
16 activity mandated in subsection (k).
17 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There
18 are authorized to be appropriated to the Secretary to carry
19 out the activities described in this section—
20 ‘‘(1) $820,360,000 for fiscal year 2022;
21 ‘‘(2) $886,385,200 for fiscal year 2023;
22 ‘‘(3) $956,332,164 for fiscal year 2024;
23 ‘‘(4) $1,020,475,415 for fiscal year 2025; and
24 ‘‘(5) $1,099,108,695 for fiscal year 2026.’’.
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1 SEC. 10104. ADVANCED SCIENTIFIC COMPUTING RESEARCH
2 PROGRAM.
3 (a) ADVANCED SCIENTIFIC COMPUTING RE-
4 SEARCH.—Section 304 of the Department of Energy Re-
5 search and Innovation Act (42 U.S.C. 18642) is amend-
6 ed—
7 (1) by redesignating subsections (a) through (c)
8 as subsections (b) through (d), respectively; and
9 (2) by inserting before subsection (b), as so re-
10 designated, the following:
11 ‘‘(a) IN GENERAL.—As part of the activities author-
12 ized under section 209 of the Department of Energy Orga-
13 nization Act (42 U.S.C. 7139), the Director shall carry
14 out, in coordination with academia and relevant public and
15 private sector entities, a research, development, and dem-
16 onstration program to—
17 ‘‘(1) steward applied mathematics, computa-
18 tional science, and computer science research rel-
19 evant to the missions of the Department and the
20 competitiveness of the United States;
21 ‘‘(2) develop modeling, simulation, and other
22 computational tools relevant to other scientific dis-
23 ciplines and to the development of new energy tech-
24 nologies and other technologies;
25 ‘‘(3) advance computing and networking capa-
26 bilities for data-driven discovery; and
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1 ‘‘(4) develop advanced scientific computing
2 hardware and software tools for science and engi-
3 neering.’’;
4 (3) in subsection (c) (as redesignated under
5 paragraph (1))—
6 (A) by striking ‘‘The Director’’ and insert-
7 ing the following:
8 ‘‘(1) DIRECTOR.—The Director’’; and
9 (B) by adding at the end the following:
10 ‘‘(2) COORDINATION.—The Under Secretary for
11 Science shall ensure the coordination of the activities
12 of the Department, including activities under this
13 section, to determine and meet the computational
14 and networking research and facility needs of the
15 Office of Science and all other relevant energy tech-
16 nology and energy efficiency programs within the
17 Department and with other Federal agencies as ap-
18 propriate.’’;
19 (4) by amending subsection (d), as so redesig-
20 nated, to read as follows:
21 ‘‘(d) APPLIED MATHEMATICS AND SOFTWARE DE-
22 VELOPMENT FOR HIGH-END COMPUTING SYSTEMS AND
23 COMPUTER SCIENCES RESEARCH.—
24 ‘‘(1) IN GENERAL.—The Director shall carry
25 out activities to develop, test, and support—
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1 ‘‘(A) mathematics, statistics, and algo-
2 rithms for modeling complex systems relevant
3 to the missions of the Department, including on
4 advanced computing architectures; and
5 ‘‘(B) tools, languages, programming envi-
6 ronments, and operations for high-end com-
7 puting systems (as defined in section 2 of the
8 American Super Computing Leadership Act (15
9 U.S.C. 5541).
10 ‘‘(2) PORTFOLIO BALANCE.—
11 ‘‘(A) IN GENERAL.—The Director shall
12 maintain a balanced portfolio within the ad-
13 vanced scientific computing research and devel-
14 opment program established under section 976
15 of the Energy Policy Act of 2005 (42 U.S.C.
16 16316) that supports robust investment in—
17 ‘‘(i) applied mathematical, computa-
18 tional, and computer sciences research
19 needs relevant to the mission of the De-
20 partment, including foundational areas
21 that are critical to the advancement of en-
22 ergy sciences and technologies and new
23 and emerging computing technologies; and
24 ‘‘(ii) associated high-performance
25 computing hardware and facilities.
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1 ‘‘(B) EXASCALE ECOSYSTEM
2 SUSTAINMENT.—
3 ‘‘(i) SENSE OF CONGRESS.—It is the
4 sense of Congress that the Exascale Com-
5 puting Project has successfully created a
6 broad ecosystem that provides shared soft-
7 ware packages, novel evaluation systems,
8 and applications relevant to the science
9 and engineering requirements of the De-
10 partment, and that such products must be
11 maintained and improved in order that the
12 full potential of the deployed systems can
13 be continuously realized.
14 ‘‘(ii) IN GENERAL.—The Secretary
15 shall seek to sustain and evolve the eco-
16 system referenced in clause (i) to ensure
17 that the exascale software stack and other
18 research software will continue to be main-
19 tained, hardened, and otherwise optimized
20 for long-term use on exascale systems and
21 beyond and reliable availability to the user
22 community.’’; and
23 (5) by inserting after subsection (d) the fol-
24 lowing:
25 ‘‘(e) NEXT GENERATION COMPUTING PROGRAM.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall estab-
2 lish a program to develop and implement a strategy
3 for achieving computing systems with capabilities be-
4 yond exascale computing systems. In establishing
5 this program, the Secretary shall—
6 ‘‘(A) maintain foundational research pro-
7 grams in mathematical, computational, and
8 computer sciences focused on new and emerging
9 computing needs within the mission of the De-
10 partment, including post-Moore’s law computing
11 architectures, novel approaches to modeling and
12 simulation, artificial intelligence and scientific
13 machine learning, quantum computing, edge
14 computing, extreme heterogeneity, and distrib-
15 uted high-performance computing;
16 ‘‘(B) retain best practices and maintain
17 support for essential hardware, applications,
18 and software elements of the Exascale Com-
19 puting Program that are necessary for sus-
20 taining the vitality of a long-term capable soft-
21 ware ecosystem for exascale and beyond; and
22 ‘‘(C) develop a Department-wide strategy
23 for balancing on-premises and cloud-based com-
24 puting and scientific data management.
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1 ‘‘(2) REPORT.—Not later than one year after
2 the date of the enactment of the America COM-
3 PETES Act of 2022, the Secretary shall submit to
4 the Committee on Science, Space, and Technology of
5 the House of Representatives, and the Committee on
6 Energy and Natural Resources of the Senate, a re-
7 port on the development and implementation of the
8 strategy outlined in paragraph (1).
9 ‘‘(f) ARCHITECTURAL RESEARCH IN HETERO-
10 GENEOUS COMPUTING SYSTEMS.—
11 ‘‘(1) IN GENERAL.—The Secretary shall carry
12 out a program of research and development in het-
13 erogeneous and reconfigurable computing systems to
14 expand understanding of the potential for hetero-
15 geneous and reconfigurable computing systems to
16 deliver high performance, high efficiency computing
17 for Department of Energy mission challenges. This
18 shall include research and development that explores
19 the convergence of big data analytics, simulations,
20 and artificial intelligence to drive the design of het-
21 erogenous computing system architectures.
22 ‘‘(2) COORDINATION.—In carrying out this pro-
23 gram, the Secretary shall ensure coordination be-
24 tween research activities undertaken by the Ad-
25 vanced Scientific Computing Research program and
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1 materials research supported by the Basic Energy
2 Sciences program within the Department of Energy
3 Office of Science.
4 ‘‘(g) ENERGY EFFICIENT COMPUTING PROGRAM.—
5 ‘‘(1) IN GENERAL.—The Secretary shall sup-
6 port a program of fundamental research, develop-
7 ment, and demonstration of energy efficient com-
8 puting and data center technologies relevant to ad-
9 vanced computing applications, including high per-
10 formance computing, artificial intelligence, and sci-
11 entific machine learning.
12 ‘‘(2) EXECUTION.—
13 ‘‘(A) PROGRAM.—In carrying out the pro-
14 gram under paragraph (1), the Secretary
15 shall—
16 ‘‘(i) establish a partnership for Na-
17 tional Laboratories, industry partners, and
18 institutions of higher education for co-
19 design of energy efficient hardware, tech-
20 nology, software, and applications across
21 all applicable program offices of the De-
22 partment, and provide access to energy ef-
23 ficient computing resources to such part-
24 ners;
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1 ‘‘(ii) develop hardware and software
2 technologies that decrease the energy needs
3 of advanced computing practices, including
4 through data center co-design;
5 ‘‘(iii) consider multiple heterogeneous
6 computing architectures in collaboration
7 with the program established under sub-
8 section (f) including neuromorphic com-
9 puting, persistent computing, and ultrafast
10 networking; and
11 ‘‘(iv) provide, as appropriate, on a
12 competitive, merit-reviewed basis, access
13 for researchers from institutions of higher
14 education, National Laboratories, industry,
15 and other Federal agencies to the energy
16 efficient computing technologies developed
17 pursuant to clause (i).
18 ‘‘(B) SELECTION OF PARTNERS.—In se-
19 lecting participants for the partnership estab-
20 lished under subparagraph (A)(i), the Secretary
21 shall select participants through a competitive,
22 merit review process.
23 ‘‘(C) REPORT.—Not later than one year
24 after the date of the enactment of the America
25 COMPETES Act of 2022, the Secretary shall
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1 submit to the Committee on Science, Space,
2 and Technology of the House of Representa-
3 tives, and the Committee on Energy and Nat-
4 ural Resources of the Senate, a report on—
5 ‘‘(i) the activities conducted under
6 subparagraph (A); and
7 ‘‘(ii) the coordination and manage-
8 ment of the program under subparagraph
9 (A) to ensure an integrated research pro-
10 gram across the Department.
11 ‘‘(h) ENERGY SCIENCES NETWORK.—
12 ‘‘(1) IN GENERAL.—The Secretary shall provide
13 for upgrades to the Energy Sciences Network user
14 facility in order to meet the research needs of the
15 Department for highly reliable data transport capa-
16 bilities optimized for the requirements of large-scale
17 science.
18 ‘‘(2) CAPABILITIES.—In carrying out paragraph
19 (1), the Secretary shall ensure the following capabili-
20 ties:
21 ‘‘(A) To provide high bandwidth scientific
22 networking across the continental United States
23 and the Atlantic Ocean.
24 ‘‘(B) To ensure network reliability.
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1 ‘‘(C) To protect the network infrastructure
2 from cyber-attacks.
3 ‘‘(D) To manage transport of exponentially
4 increasing levels of data from the Department’s
5 National Laboratories and sites, user facilities,
6 experiments, and sensors.
7 ‘‘(E) To contribute to the integration of
8 heterogeneous computing frameworks and sys-
9 tems.
10 ‘‘(i) COMPUTATIONAL SCIENCE GRADUATE FELLOW-
11 SHIP.—
12 ‘‘(1) IN GENERAL.—The Secretary shall sup-
13 port the Computational Science Graduate Fellowship
14 program in order to facilitate collaboration between
15 graduate students and researchers at the National
16 Laboratories, and contribute to the development of
17 a diverse and inclusive computational workforce to
18 help advance research in areas relevant to the mis-
19 sion of the Department.
20 ‘‘(2) FUNDING.—From within funds authorized
21 to be appropriated for Advanced Scientific Com-
22 puting Research Program, there are authorized to be
23 appropriated to the Secretary for carrying out the
24 activities under this section—
25 ‘‘(A) $21,000,000 for fiscal year 2022;
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1 ‘‘(B) $22,050,000 for fiscal year 2023;
2 ‘‘(C) $23,152,500 for fiscal year 2024;
3 ‘‘(D) $24,310,125 for fiscal year 2025;
4 and
5 ‘‘(E) $25,525,631 for fiscal year 2026.
6 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There
7 are authorized to be appropriated to the Secretary to carry
8 out the activities described in this section—
9 ‘‘(1) $1,126,350,000 for fiscal year 2022;
10 ‘‘(2) $1,222,674,500 for fiscal year 2023;
11 ‘‘(3) $1,324,320,715 for fiscal year 2024;
12 ‘‘(4) $1,431,660,115 for fiscal year 2025; and
13 ‘‘(5) $1,535,090,121 for fiscal year 2026.’’.
14 (b) QUANTUM SCIENCE NETWORK.—
15 (1) DEFINITIONS.—Section 2 of the National
16 Quantum Initiative Act (15 U.S.C. 8801) is amend-
17 ed—
18 (A) by redesignating paragraph (7) as
19 paragraph (8); and
20 (B) by inserting after paragraph (6) the
21 following:
22 ‘‘(7) QUANTUM NETWORK INFRASTRUCTURE.—
23 The term ‘quantum network infrastructure’ means
24 any facility, expertise, or capability that is necessary
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1 to enable the development and deployment of scal-
2 able and diverse quantum network technologies.’’.
3 (2) DEPARTMENT OF ENERGY QUANTUM NET-
4 WORK INFRASTRUCTURE RESEARCH AND DEVELOP-
5 MENT PROGRAM.—(A) Title IV of the National
6 Quantum Initiative Act (15 U.S.C. 8851 et seq.) is
7 amended by adding at the end the following:
8 ‘‘SEC. 403. DEPARTMENT OF ENERGY QUANTUM NETWORK
9 INFRASTRUCTURE RESEARCH AND DEVELOP-
10 MENT PROGRAM.
11 ‘‘(a) IN GENERAL.—The Secretary of Energy (re-
12 ferred to in this section as the ‘Secretary’) shall carry out
13 a research, development, and demonstration program to
14 accelerate innovation in quantum network infrastructure
15 in order to—
16 ‘‘(1) facilitate the advancement of distributed
17 quantum computing systems through the internet
18 and intranet;
19 ‘‘(2) improve the precision of measurements of
20 scientific phenomena and physical imaging tech-
21 nologies;
22 ‘‘(3) develop secure national quantum commu-
23 nications technologies and strategies; and
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1 ‘‘(4) demonstrate these capabilities utilizing the
2 Department of Energy’s Energy Sciences Network
3 User Facility.
4 ‘‘(b) PROGRAM.—In carrying out this section, the
5 Secretary shall—
6 ‘‘(1) coordinate with—
7 ‘‘(A) the Director of the National Science
8 Foundation;
9 ‘‘(B) the Director of the National Institute
10 of Standards and Technology;
11 ‘‘(C) the Chair of the Subcommittee on
12 Quantum Information Science of the National
13 Science and Technology Council established
14 under section 103(a); and
15 ‘‘(D) the Chair of the Subcommittee on the
16 Economic and Security Implications of Quan-
17 tum Science;
18 ‘‘(2) conduct cooperative research with indus-
19 try, National Laboratories, institutions of higher
20 education, and other research institutions to facili-
21 tate new quantum infrastructure methods and tech-
22 nologies, including—
23 ‘‘(A) quantum-limited detectors, ultra-low
24 loss optical channels, space-to-ground connec-
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1 tions, and classical networking and cybersecu-
2 rity protocols;
3 ‘‘(B) entanglement and hyper-entangled
4 state sources and transmission, control, and
5 measurement of quantum states;
6 ‘‘(C) quantum interconnects that allow
7 short range local connections between quantum
8 processors;
9 ‘‘(D) transducers for quantum sources and
10 signals between optical and telecommunications
11 regimes and quantum computer-relevant do-
12 mains, including microwaves;
13 ‘‘(E) development of quantum memory
14 buffers and small-scale quantum computers
15 that are compatible with photon-based quantum
16 bits in the optical or telecommunications wave-
17 lengths;
18 ‘‘(F) long-range entanglement distribution
19 at both the terrestrial and space-based level
20 using quantum repeaters, allowing entangle-
21 ment-based protocols between small- and large
22 scale quantum processors;
23 ‘‘(G) quantum routers, multiplexers, re-
24 peaters, and related technologies necessary to
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1 create secure long-distance quantum commu-
2 nication; and
3 ‘‘(H) integration of systems across the
4 quantum technology stack into traditional com-
5 puting networks, including the development of
6 remote controlled, high performance, and reli-
7 able implementations of key quantum network
8 components by leveraging the expertise, infra-
9 structure and supplemental investments in the
10 Energy Sciences Network User Facility;
11 ‘‘(3) engage with the Quantum Economic De-
12 velopment Consortium (QED–C) to transition com-
13 ponent technologies to help facilitate as appropriate
14 the development of a quantum supply chain for
15 quantum network technologies;
16 ‘‘(4) advance basic research in advanced sci-
17 entific computing, particle and nuclear physics, and
18 material science to enhance the understanding, pre-
19 diction, and manipulation of materials, processes,
20 and physical phenomena relevant to quantum net-
21 work infrastructure;
22 ‘‘(5) develop experimental tools and testbeds in
23 collaboration with the Department of Energy’s En-
24 ergy Sciences Network User Facility necessary to
25 support cross-cutting fundamental research and de-
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1 velopment activities with diverse stakeholders from
2 industry, National Laboratories, and institutions of
3 higher education; and
4 ‘‘(6) consider quantum network infrastructure
5 applications that span the Department of Energy’s
6 missions in energy, environment, and national secu-
7 rity.
8 ‘‘(c) LEVERAGING.—In carrying out this section, the
9 Secretary shall leverage resources, infrastructure, and ex-
10 pertise across the Department of Energy and from—
11 ‘‘(1) the National Institute of Standards and
12 Technology;
13 ‘‘(2) the National Science Foundation;
14 ‘‘(3) the National Aeronautics and Space Ad-
15 ministration;
16 ‘‘(4) other relevant Federal agencies;
17 ‘‘(5) the National Laboratories;
18 ‘‘(6) industry stakeholders;
19 ‘‘(7) institutions of higher education; and
20 ‘‘(8) the National Quantum Information
21 Science Research Centers.
22 ‘‘(d) RESEARCH PLAN.—Not later than 180 days
23 after the date of the enactment of the America COM-
24 PETES Act of 2022, the Secretary shall submit to the
25 Committee on Science, Space, and Technology of the
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1 House of Representatives and the Committee on Energy
2 and Natural Resources of the Senate, a 4-year research
3 plan that identifies and prioritizes basic research needs re-
4 lating to quantum network infrastructure.
5 ‘‘(e) STANDARD OF REVIEW.—The Secretary shall
6 review activities carried out under this section to deter-
7 mine the achievement of technical milestones.
8 ‘‘(f) FUNDING.—Out of funds authorized to be appro-
9 priated for the Department of Energy’s Office of Science,
10 there shall be made available to the Secretary to carry out
11 the activities under this section, $100,000,000 for each
12 of fiscal years 2022 through 2026.
13 ‘‘SEC. 404. DEPARTMENT OF ENERGY QUANTUM USER EX-
14 PANSION FOR SCIENCE AND TECHNOLOGY
15 PROGRAM.
16 ‘‘(a) IN GENERAL.—The Secretary of Energy (re-
17 ferred to in this section as the ‘Secretary’) shall establish
18 and carry out a program (to be known as the ‘Quantum
19 User Expansion for Science and Technology program’ or
20 ‘QUEST program’) to encourage and facilitate access to
21 United States quantum computing hardware and quantum
22 computing clouds for research purposes to—
23 ‘‘(1) enhance the United States quantum re-
24 search enterprise;
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1 ‘‘(2) educate the future quantum computing
2 workforce; and
3 ‘‘(3) accelerate the advancement of United
4 States quantum computing capabilities.
5 ‘‘(b) PROGRAM.—In carrying out this section, the
6 Secretary shall—
7 ‘‘(1) coordinate with—
8 ‘‘(A) the Director of the National Science
9 Foundation;
10 ‘‘(B) the Director of the National Institute
11 of Standards and Technology;
12 ‘‘(C) the Chair of the Subcommittee on
13 Quantum Information Science of the National
14 Science and Technology Council established
15 under section 103(a); and
16 ‘‘(D) the Chair of the Subcommittee on the
17 Economic and Security Implications of Quan-
18 tum Science;
19 ‘‘(2) provide researchers based within the
20 United States with access to, and use of, United
21 States quantum computing resources through a com-
22 petitive, merit-reviewed process;
23 ‘‘(3) consider applications from the National
24 Laboratories, multi-institutional collaborations, insti-
25 tutions of higher education, industry stakeholders,
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1 and any other entities that the Secretary determines
2 are appropriate to provide national leadership on
3 quantum computing related issues; and
4 ‘‘(4) consult and coordinate with private sector
5 stakeholders, the user community, and interagency
6 partners on program development and best manage-
7 ment practices.
8 ‘‘(c) LEVERAGING.—In carrying out this section, the
9 Secretary shall leverage resources and expertise across the
10 Department of Energy and from—
11 ‘‘(1) the National Institute of Standards and
12 Technology;
13 ‘‘(2) the National Science Foundation;
14 ‘‘(3) the National Aeronautics and Space Ad-
15 ministration;
16 ‘‘(4) other relevant Federal agencies;
17 ‘‘(5) the National Laboratories;
18 ‘‘(6) industry stakeholders;
19 ‘‘(7) institutions of higher education; and
20 ‘‘(8) the National Quantum Information
21 Science Research Centers.
22 ‘‘(d) SECURITY.—In carrying out the activities au-
23 thorized by this section, the Secretary, in consultation
24 with the Director of the National Science Foundation and
25 the Director of the National Institute of Standards and
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1 Technology, shall ensure proper security controls are in
2 place to protect sensitive information, as appropriate.
3 ‘‘(e) FUNDING.—Out of funds authorized to be ap-
4 propriated for the Department of Energy’s Office of
5 Science, there are authorized to be appropriated to the
6 Secretary to carry out the activities under this section—
7 ‘‘(1) $30,000,000 for fiscal year 2022;
8 ‘‘(2) $50,000,000 for fiscal year 2023;
9 ‘‘(3) $70,000,000 for fiscal year 2024;
10 ‘‘(4) $90,000,000 for fiscal year 2025; and
11 ‘‘(5) $100,000,000 for fiscal year 2026.
12 ‘‘(f) EQUITABLE USE OF HIGH-PERFORMANCE COM-
13 PUTING CAPABILITIES.—
14 ‘‘(1) SENSE OF CONGRESS.—It is the sense of
15 Congress that machine learning algorithms can ex-
16 hibit biases that cause harm to historically
17 marginalized communities.
18 ‘‘(2) POLICY.—In leveraging high-performance
19 computing systems for research purposes, including
20 through the use of machine learning algorithms for
21 data analysis, the Secretary shall ensure that such
22 capabilities are employed in a manner that mitigates
23 and, to the maximum extent practicable, avoids
24 harmful algorithmic bias and equitably addresses
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1 challenges impacting different populations, including
2 historically marginalized communities.’’.
3 (B) The table of contents in section 1(b) of the
4 National Quantum Initiative Act is amended by in-
5 serting after the item relating to section 402 the fol-
6 lowing items:
‘‘Sec. 403. Department of energy quantum network infrastructure research and
development program.
‘‘Sec. 404. Department of energy quantum user expansion for science and tech-
nology program.’’.
7 SEC. 10105. FUSION ENERGY RESEARCH.
8 (a) FUSION ENERGY RESEARCH.—Section 307 of the
9 Department of Energy Research and Innovation Act (42
10 U.S.C. 18645) is amended—
11 (1) in subsection (b)—
12 (A) in the matter preceding paragraph (1),
13 by striking ‘‘As part of’’ and inserting the fol-
14 lowing:
15 ‘‘(1) IN GENERAL.—As part of’’;
16 (B) by redesignating—
17 (i) paragraphs (1) and (2) as sub-
18 paragraphs (A) and (B), respectively (and
19 by adjusting the margins of such subpara-
20 graphs accordingly); and
21 (ii) in subparagraph (B) (as redesig-
22 nated by clause (i)), subparagraphs (A)
23 and (B) as clauses (i) and (ii), respectively
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1 (and by adjusting the margins of such
2 clauses accordingly); and
3 (C) by adding at the end the following:
4 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—
5 Out of funds authorized to be appropriated under
6 subsection (r), there are authorized to be appro-
7 priated to the Secretary to carry out activities de-
8 scribed in paragraph (1) $100,000,000 for each of
9 fiscal years 2022 through 2026.’’;
10 (2) in subsection (d)(3)—
11 (A) by striking the period at the end and
12 inserting ‘‘and $40,000,000 for fiscal year
13 2026.’’; and
14 (B) by striking ‘‘(o)’’ and inserting ‘‘(r)’’;
15 and
16 (3) in subsection (e)(4)—
17 (A) by striking the period at the end and
18 inserting ‘‘and $75,000,000 for fiscal year
19 2026.’’; and
20 (B) by striking ‘‘(o)’’ and inserting ‘‘(r)’’;
21 (4) in subsection (i)(10)—
22 (A) In the matter preceding subparagraph
23 (A), by striking ‘‘(o)’’ and inserting ‘‘(r)’’;
24 (B) in subparagraph (C), strike
25 ‘‘$105,000,000’’ and insert ‘‘$150,000,000’’;
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1 (C) in subparagraph (D), strike
2 ‘‘65,000,000 for fiscal year 2024; and’’ and in-
3 sert ‘‘$250,000,000 for fiscal year 2024;’’;
4 (D) in subparagraph (E), strike
5 ‘‘$45,000,000 for fiscal year 2025.’’ and insert
6 ‘‘$250,000,000 for fiscal year 2025; and’’; and
7 (E) by adding at the end the following:
8 ‘‘(F) $150,000,000 for fiscal year 2026.’’;
9 (5) in subsection (j)—
10 (A) by striking ‘‘The Director’’ and all
11 that follows through the period and inserting
12 the following:
13 ‘‘(1) IN GENERAL.—
14 ‘‘(A) ESTABLISHMENT.—Within 180 days
15 of enactment of the America COMPETES Act
16 of 2022, the Director shall establish at least 2
17 national teams, including public-private part-
18 nerships, that will develop conceptual pilot plant
19 designs and technology roadmaps and lead to
20 an engineering design of a pilot plant that will
21 bring fusion to commercial viability.
22 ‘‘(B) COMPOSITION.—The national teams
23 shall be composed of developers, manufacturers,
24 universities, national laboratories, and engineer-
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1 ing, procurement, and construction industries.’’;
2 and
3 (B) by adding at the end the following:
4 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—
5 There are authorized to be appropriated to carry out
6 activities described in paragraph (1)—
7 ‘‘(A) $20,000,000 for fiscal year 2022;
8 ‘‘(B) $35,000,000 for fiscal year 2023;
9 ‘‘(C) $50,000,000 for fiscal year 2024;
10 ‘‘(D) $65,000,000 for fiscal year 2025;
11 and
12 ‘‘(E) $80,000,000 for fiscal year 2026.’’;
13 (6) in subsection (l)—
14 (A) by striking ‘‘sense of Congress that the
15 United States should support’’ and inserting
16 ‘‘sense of Congress that—’’;
17 ‘‘(1) the United States should support’’;
18 (B) in paragraph (1) (as so designated by
19 subparagraph (A) of this paragraph), by strik-
20 ing the period at the end and inserting ‘‘; and’’;
21 and
22 (C) by adding at the end the following:
23 ‘‘(2) the Director shall incorporate the findings
24 and recommendations of the report of the Fusion
25 Energy Sciences Advisory Committee entitled
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1 ‘Powering the Future: Fusion and Plasmas’ and the
2 report of the National Academies of Science, Engi-
3 neering, and Medicine entitled ‘‘Bringing Fusion to
4 the U.S. Grid’’ into the planning process of the De-
5 partment, including the development of future budg-
6 et requests to Congress.’’;
7 (7) by redesignating subsection (o) as sub-
8 section (r);
9 (8) by inserting after subsection (n) the fol-
10 lowing:
11 ‘‘(o) HIGH-PERFORMANCE COMPUTATION COLLABO-
12 RATIVE RESEARCH PROGRAM.—
13 ‘‘(1) IN GENERAL.—The Secretary shall carry
14 out a program to conduct and support collaborative
15 research, development, and demonstration of fusion
16 energy technologies, through high-performance com-
17 putation modeling and simulation techniques, in
18 order to—
19 ‘‘(A) support fundamental research in plas-
20 mas and matter at very high temperatures and
21 densities;
22 ‘‘(B) inform the development of a broad
23 range of fusion energy systems; and
24 ‘‘(C) facilitate the translation of research
25 results in fusion energy science to industry.
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1 ‘‘(2) COORDINATION.—In carrying out the pro-
2 gram under paragraph (1), the Secretary shall co-
3 ordinate with relevant Federal agencies, and
4 prioritize the following objectives:
5 ‘‘(A) Using expertise from the private sec-
6 tor, institutions of higher education, and the
7 National Laboratories to leverage existing, and
8 develop new, computational software and capa-
9 bilities that prospective users may use to accel-
10 erate research and development of fusion energy
11 systems.
12 ‘‘(B) Developing computational tools to
13 simulate and predict fusion energy science phe-
14 nomena that may be validated through physical
15 experimentation.
16 ‘‘(C) Increasing the utility of the research
17 infrastructure of the Department by coordi-
18 nating with the Advanced Scientific Computing
19 Research program within the Office of Science.
20 ‘‘(D) Leveraging experience from existing
21 modeling and simulation entities sponsored by
22 the Department.
23 ‘‘(E) Ensuring that new experimental and
24 computational tools are accessible to relevant
25 research communities, including private sector
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1 entities engaged in fusion energy technology de-
2 velopment.
3 ‘‘(F) Ensuring that newly developed com-
4 putational tools are compatible with modern vir-
5 tual engineering and visualization capabilities to
6 accelerate the realization of fusion energy tech-
7 nologies and systems.
8 ‘‘(3) DUPLICATION.—The Secretary shall en-
9 sure the coordination of, and avoid unnecessary du-
10 plication of, the activities of this program with the
11 activities of—
12 ‘‘(A) other research entities of the Depart-
13 ment, including the National Laboratories, the
14 Advanced Research Projects Agency–Energy,
15 the Advanced Scientific Computing Research
16 program; and
17 ‘‘(B) industry.
18 ‘‘(4) HIGH-PERFORMANCE COMPUTING FOR FU-
19 SION INNOVATION CENTER.—In carrying out the
20 program under paragraph (1), the Secretary shall,
21 in coordination with the Innovation Network for Fu-
22 sion Energy, establish and operate a national High-
23 Performance Computing for Fusion Innovation Cen-
24 ter (referred to in this subsection as the ‘Center’),
25 to support the program under paragraph (1) by pro-
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1 viding, to the extent practicable, a centralized entity
2 for multidisciplinary, collaborative, fusion energy re-
3 search and development through high performance
4 computing and advanced data analytics technologies
5 and processes.
6 ‘‘(5) SELECTION.—The Secretary shall select
7 the Center under this subsection on a competitive,
8 merit-reviewed basis. The Secretary shall consider
9 applications from National Laboratories, institutions
10 of higher education, multi-institutional collabora-
11 tions, and other appropriate entities.
12 ‘‘(6) EXISTING ACTIVITIES.—The Center may
13 incorporate existing research activities that are con-
14 sistent with the program described in paragraph (1).
15 ‘‘(7) DURATION.—The Center established under
16 this subsection shall receive support for a period of
17 not more than 5 years, subject to the availability of
18 appropriations.
19 ‘‘(8) RENEWAL.—Upon the expiration of any
20 period of support of the Center, the Secretary may
21 renew support for the Center, on a merit-reviewed
22 basis, for a period of not more than 5 years.
23 ‘‘(9) TERMINATION.—Consistent with the exist-
24 ing authorities of the Department, the Secretary
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1 may terminate the Center for cause during the per-
2 formance period.
3 ‘‘(p) MATERIAL PLASMA EXPOSURE EXPERIMENT.—
4 ‘‘(1) IN GENERAL.—The Secretary shall con-
5 struct a Material Plasma Exposure Experiment fa-
6 cility as described in the 2020 publication approved
7 by the Fusion Energy Sciences Advisory Committee
8 titled ‘Powering the Future: Fusion and Plasmas’.
9 The Secretary shall consult with the private sector,
10 universities, National Laboratories, and relevant
11 Federal agencies to ensure that this facility is capa-
12 ble of meeting Federal research needs for steady
13 state, high-heat-flux and plasma-material interaction
14 testing of fusion materials over a range of fusion en-
15 ergy relevant parameters.
16 ‘‘(2) FACILITY CAPABILITIES.—The Secretary
17 shall ensure that the facility described in paragraph
18 (1) will provide the following capabilities:
19 ‘‘(A) A magnetic field at the target of 1
20 Tesla.
21 ‘‘(B) An energy flux at the target of 10
22 MW/m2.
23 ‘‘(C) The ability to expose previously irra-
24 diated plasma facing material samples to plas-
25 ma.
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1 ‘‘(3) START OF OPERATIONS.—The Secretary
2 shall, subject to the availability of appropriations,
3 ensure that the start of full operations of the facility
4 under this section occurs before December 31, 2027.
5 ‘‘(4) FUNDING.—Out of funds authorized to be
6 appropriated for Fusion Energy Sciences, there are
7 funds authorized to be appropriated to the Secretary
8 for the Office of Fusion Energy Sciences to carry
9 out to completion the construction of the facility
10 under this section:
11 ‘‘(A) $32,800,000 for fiscal year 2022;
12 ‘‘(B) $13,400,000 for fiscal year 2023;
13 ‘‘(C) $12,600,000 for fiscal year 2024; and
14 ‘‘(D) $400,000 for fiscal year 2025.
15 ‘‘(q) MATTER IN EXTREME CONDITIONS INSTRU-
16 MENT UPGRADE.—
17 ‘‘(1) IN GENERAL.—The Secretary shall provide
18 for the upgrade to the Matter in Extreme Conditions
19 endstation at the Linac Coherent Light Source as
20 described in the 2020 publication approved by the
21 Fusion Energy Sciences Advisory Committee titled
22 ‘Powering the Future: Fusion and Plasmas’. The
23 Secretary shall consult with the private sector, uni-
24 versities, National Laboratories, and relevant Fed-
25 eral agencies to ensure that this facility is capable
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1 of meeting Federal research needs for understanding
2 physical and chemical changes to plasmas at funda-
3 mental timescales, and explore new regimes of dense
4 material physics, astrophysics, planetary physics,
5 and short-pulse laser-plasma interactions.
6 ‘‘(2) START OF OPERATIONS.—The Secretary
7 shall, subject to the availability of appropriations,
8 ensure that the start of full operations of the facility
9 under this section occurs before December 31,
10 2028.’’; and
11 (9) in subsection (r), as so redesignated, by
12 striking paragraphs (2) through (5) and inserting
13 the following:
14 ‘‘(2) $1,002,900,000 for fiscal year 2022;
15 ‘‘(3) $1,190,707,000 for fiscal year 2023;
16 ‘‘(4) $1,364,368,490 for fiscal year 2024;
17 ‘‘(5) $1,404,042,284 for fiscal year 2025; and
18 ‘‘(6) $1,398,097,244 for fiscal year 2026.’’.
19 (b) ITER CONSTRUCTION.—Section 972 of the En-
20 ergy Policy Act of 2005 (42 U.S.C. 16312) is amended
21 in subsection (c)(3)—
22 (1) in subparagraph (A), by striking ‘‘and’’ at
23 the end; and
24 (2) by striking subparagraph (B) and inserting
25 the following:
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1 ‘‘(B) $300,000,000 for fiscal year 2022;
2 ‘‘(C) $325,000,000 for fiscal year 2023;
3 ‘‘(D) $350,000,000 for fiscal year 2024;
4 ‘‘(E) $350,000,000 for fiscal year 2025;
5 and
6 ‘‘(F) $350,000,000 for fiscal year 2026.’’.
7 SEC. 10106. HIGH ENERGY PHYSICS PROGRAM.
8 (a) PROGRAM.—Section 305 of the Department of
9 Energy Research and Innovation Act (42 U.S.C. 18643)
10 is amended—
11 (1) by redesignating subsections (b) through (d)
12 as subsections (d) through (f), respectively; and
13 (2) by inserting the following after subsection
14 (a):
15 ‘‘(b) PROGRAM.—As part of the activities authorized
16 under section 209 of the Department of Energy Organiza-
17 tion Act (42 U.S.C. 7139), the Director shall carry out
18 a research program in elementary particle physics and ad-
19 vanced technology research and development to improve
20 the understanding of the fundamental properties of the
21 universe, including constituents of matter and energy and
22 the nature of space and time.
23 ‘‘(c) HIGH ENERGY FRONTIER RESEARCH.—As part
24 of the program described in subsection (b), the Director
25 shall carry out research using high energy accelerators
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1 and advanced detectors, including accelerators and detec-
2 tors that will function as national user facilities, to create
3 and study interactions of elementary particles and inves-
4 tigate fundamental forces.’’.
5 (b) INTERNATIONAL COLLABORATION.—Section
6 305(d) of the Department of Energy Research and Inno-
7 vation Act (42 U.S.C. 18643(d)), as redesignated under
8 subsection (a), is amended to read as follows:
9 ‘‘(d) INTERNATIONAL COLLABORATION.—The Direc-
10 tor shall—
11 ‘‘(1) as practicable and in coordination with
12 other appropriate Federal agencies as necessary, en-
13 sure the access of United States researchers to the
14 most advanced accelerator facilities and research ca-
15 pabilities in the world, including the Large Hadron
16 Collider;
17 ‘‘(2) to the maximum extent practicable, con-
18 tinue to leverage United States participation in the
19 Large Hadron Collider, and prioritize expanding
20 international partnerships and investments in the
21 Long-Baseline Neutrino Facility and Deep Under-
22 ground Neutrino Experiment; and
23 ‘‘(3) to the maximum extent practicable,
24 prioritize engagement in collaborative efforts in sup-
25 port of future international facilities that would pro-
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1 vide access to the most advanced accelerator facili-
2 ties in the world to United States researchers.’’.
3 (c) COSMIC FRONTIER RESEARCH.—Section 305(f)
4 of the Department of Energy Research and Innovation Act
5 (42 U.S.C. 18645(f)), as redesignated by subsection (a),
6 is amended to read as follows:
7 ‘‘(f) COSMIC FRONTIER RESEARCH.—The Director
8 shall carry out research activities on the nature of the pri-
9 mary contents of the universe, including the nature of
10 dark energy and dark matter. These activities shall, to the
11 maximum extent practicable, be consistent with the re-
12 search priorities identified by the High Energy Physics
13 Advisory Panel or the National Academy of Sciences, and
14 may include—
15 ‘‘(1) collaborations with the National Aero-
16 nautics and Space Administration, the National
17 Science Foundation, or international partners on rel-
18 evant projects; and
19 ‘‘(2) the development of space-based, land-
20 based, water-based, and underground facilities and
21 experiments.’’.
22 (d) FURTHER ACTIVITIES.—Section 305 of the De-
23 partment of Energy Research and Innovation Act (42
24 U.S.C. 18645) is further amended by adding at the end
25 the following:
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1 ‘‘(g) FACILITY CONSTRUCTION AND MAJOR ITEMS
2 OF EQUIPMENT.—
3 ‘‘(1) PROJECTS.—Consistent with the Office of
4 Science’s project management practices, the Director
5 shall, to the maximum extent practicable, incor-
6 porate the findings and recommendations of the
7 2014 Particle Physics Project Prioritization Panel
8 (P5) report titled ‘Building for Discovery’, and sup-
9 port construction or fabrication of—
10 ‘‘(A) an international Long-Baseline Neu-
11 trino Facility based in the United States;
12 ‘‘(B) the Proton Improvement Plan II;
13 ‘‘(C) Second Generation Dark Matter ex-
14 periments;
15 ‘‘(D) the Legacy Survey of Space and
16 Time camera;
17 ‘‘(E) upgrades to detectors and other com-
18 ponents of the Large Hadron Collider; and
19 ‘‘(F) other high priority projects rec-
20 ommended in the most recent report of the Par-
21 ticle Physics Project Prioritization Panel of the
22 High Energy Physics Advisory Panel.
23 ‘‘(2) LONG-BASELINE NEUTRINO FACILITY.—
24 ‘‘(A) IN GENERAL.—The Secretary shall
25 support construction of a Long-Baseline Neu-
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1 trino Facility to facilitate the international
2 Deep Underground Neutrino Experiment to ex-
3 amine the fundamental properties of neutrinos,
4 explore physics beyond the Standard Model,
5 and better clarify the existence and nature of
6 antimatter.
7 ‘‘(B) FACILITY CAPABILITIES.—The Sec-
8 retary shall ensure that the facility described in
9 subparagraph (A) will provide, at a minimum,
10 the following capabilities:
11 ‘‘(i) A neutrino beam with wideband
12 capability of 1.2 megawatts (MW) of beam
13 power and upgradable to 2.4 MW of beam
14 power.
15 ‘‘(ii) Three caverns excavated for a 70
16 kiloton fiducial detector mass and sup-
17 porting surface buildings and utilities.
18 ‘‘(iii) Cryogenic systems to support
19 neutrino detectors.
20 ‘‘(C) START OF OPERATIONS.—The Sec-
21 retary shall, subject to the availability of appro-
22 priations, ensure that the start of full oper-
23 ations of the facility under this subsection oc-
24 curs before December 31, 2031.
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1 ‘‘(D) FUNDING.—Out of funds authorized
2 to be appropriated under subsection (k), there
3 are authorized to be appropriated to the Sec-
4 retary to carry out construction of the facility
5 under this subsection—
6 ‘‘(i) $200,000,000 for fiscal year
7 2022;
8 ‘‘(ii) $325,000,000 for fiscal year
9 2023;
10 ‘‘(iii) $400,000,000 for fiscal year
11 2024;
12 ‘‘(iv) $375,000,000 for fiscal year
13 2025; and
14 ‘‘(v) $250,000,000 for fiscal year
15 2026.
16 ‘‘(3) PROTON IMPROVEMENT PLAN–II ACCEL-
17 ERATOR UPGRADE PROJECT.—
18 ‘‘(A) IN GENERAL.—The Secretary of En-
19 ergy shall support construction of the Proton
20 Improvement Plan II, an upgrade to the
21 Fermilab accelerator complex identified in the
22 2014 Particle Physics Project Prioritization
23 Panel (P5) report titled ‘Building for Dis-
24 covery’, to provide the world’s most intense
25 beam of neutrinos to the international Long
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1 Baseline Neutrino Facility as well as abroad
2 range of future high energy physics experi-
3 ments. The Secretary of Energy shall work with
4 international partners to enable further signifi-
5 cant contributions to the capabilities of this
6 project.
7 ‘‘(B) FACILITY CAPABILITIES.—The Sec-
8 retary shall ensure that the facility described in
9 paragraph (1) will provide, at a minimum, the
10 following capabilities:
11 ‘‘(i) A state-of-the-art 800
12 megaelectron volt (MeV) superconducting
13 linear accelerator.
14 ‘‘(ii) Proton beam power of 1.2 MW
15 at the start of LBNF/DUNE, upgradeable
16 to 2.4 MW of beam power.
17 ‘‘(iii) A flexible design to enable high
18 power beam delivery to multiple users si-
19 multaneously and customized beams tai-
20 lored to specific scientific needs.
21 ‘‘(iv) Sustained high reliability oper-
22 ation of the Fermilab accelerator complex.
23 ‘‘(C) START OF OPERATIONS.—The Sec-
24 retary shall, subject to the availability of appro-
25 priations, ensure that the start of full oper-
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1 ations of the facility under this section occurs
2 before December 31, 2028.
3 ‘‘(D) FUNDING.—Out of funds authorized
4 to be appropriated under subsection (k), there
5 are authorized to be appropriated to the Sec-
6 retary to carry out construction of the facility
7 under this subsection—
8 ‘‘(i) $191,000,000 for fiscal year
9 2022;
10 ‘‘(ii) $150,000,000 for fiscal year
11 2023;
12 ‘‘(iii) $120,000,000 for fiscal year
13 2024;
14 ‘‘(iv) $120,000,000 for fiscal year
15 2025; and
16 ‘‘(v) $100,000,000 for fiscal year
17 2026.
18 ‘‘(4) COSMIC MICROWAVE BACKGROUND STAGE
19 4.—
20 ‘‘(A) IN GENERAL.—The Secretary of En-
21 ergy, in partnership with the Director of the
22 National Science Foundation, shall support con-
23 struction of the Cosmic Microwave Background
24 Stage 4 project to survey the cosmic microwave
25 background to test theories of cosmic inflation
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1 as described in the 2014 Particle Physics
2 Prioritization Panel (P5) report titled ‘Building
3 for Discovery: Strategic Plan for U.S. Particle
4 Physics in the Global Context.’.
5 ‘‘(B) CONSULTATION.—The Secretary
6 shall consult with the private sector, univer-
7 sities, National Laboratories, and relevant Fed-
8 eral agencies to ensure that this experiment is
9 capable of meeting Federal research needs in
10 accessing the ultra-high energy physics of infla-
11 tion and important neutrino properties.
12 ‘‘(C) EXPERIMENTAL CAPABILITIES.—The
13 Secretary shall ensure to the maximum extent
14 practicable that the facility described in sub-
15 section (a) will provide at minimum, 500,000
16 superconducting detectors deployed on an array
17 of mm wave telescopes with the required range
18 in frequency, sensitivity, and survey speed
19 which will provide sufficient capability to enable
20 an order of magnitude advance in observations
21 of the Cosmic Microwave Background, deliv-
22 ering transformative discoveries in fundamental
23 physics, cosmology, and astrophysics.
24 ‘‘(D) START OF OPERATIONS.—The Sec-
25 retary shall, subject to the availability of appro-
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1 priations, ensure that the start of full oper-
2 ations of the facility under this section occurs
3 before December 31, 2030.
4 ‘‘(E) FUNDING.—Out of funds authorized
5 to be appropriated under subsection (k), there
6 are authorized to be appropriated to the Sec-
7 retary to carry out construction of the facility
8 under this subsection—
9 ‘‘(i) $37,000,000 for fiscal year 2022;
10 ‘‘(ii) $50,000,000 for fiscal year 2023;
11 ‘‘(iii) $70,000,000 for fiscal year
12 2024;
13 ‘‘(iv) $80,000,000 for fiscal year
14 2025; and
15 ‘‘(v) $90,000,000 for fiscal year 2026.
16 ‘‘(h) ACCELERATOR AND DETECTOR UPGRADES.—
17 The Director shall upgrade accelerator facilities and detec-
18 tors, as necessary and appropriate, to increase beam
19 power, sustain high reliability, and improve precision
20 measurement to advance the highest priority particle phys-
21 ics research programs. In carrying out facility upgrades,
22 the Director shall continue to work with international
23 partners, when appropriate and in the United States’ in-
24 terest, to leverage investments and expertise in critical
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1 technologies to help build and upgrade accelerator and de-
2 tector facilities in the United States.
3 ‘‘(i) ACCELERATOR AND DETECTOR RESEARCH AND
4 DEVELOPMENT.—As part of the program described in
5 subsection (b), the Director shall carry out research and
6 development in particle beam physics, accelerator science
7 and technology, and particle and radiation detection with
8 relevance to the specific needs of the High Energy Physics
9 program, in coordination with the Accelerator Research
10 and Development program authorized in section 310.
11 ‘‘(j) UNDERGROUND SCIENCE.—The Director shall—
12 ‘‘(1) support an underground science program
13 consistent with the missions of the Department and
14 the scientific needs of the High Energy Physics pro-
15 gram, including those articulated in the most recent
16 report of the Particle Physics Project Prioritization
17 Panel of the High Energy Physics Advisory Panel,
18 that leverages the capabilities of relevant under-
19 ground science and engineering facilities; and
20 ‘‘(2) carry out a competitive grant program to
21 award scientists and engineers at institutions of
22 higher education, nonprofit institutions, and Na-
23 tional Laboratories to conduct research in under-
24 ground science and engineering.
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1 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There
2 are authorized to be appropriated to the Secretary to carry
3 out the activities described in this section—
4 ‘‘(1) $1,355,690,000 for fiscal year 2022;
5 ‘‘(2) $1,517,628,300 for fiscal year 2023;
6 ‘‘(3) $1,652,112,281 for fiscal year 2024;
7 ‘‘(4) $1,711,460,141 for fiscal year 2025; and
8 ‘‘(5) $1,656,012,351 for fiscal year 2026.’’.
9 SEC. 10107. NUCLEAR PHYSICS PROGRAM.
10 (a) PROGRAM.—Section 308 of the Department of
11 Energy Research and Innovation Act (42 U.S.C. 18646)
12 is amended—
13 (1) by redesignating subsection (b) as sub-
14 section (d); and
15 (2) by striking subsection (a) and inserting the
16 following:
17 ‘‘(a) PROGRAM.—As part of the activities authorized
18 under section 209 of the Department of Energy Organiza-
19 tion Act (42 U.S.C. 7139), the Director shall carry out
20 a research program, and support relevant facilities, to dis-
21 cover and understand various forms of nuclear matter.
22 ‘‘(b) USER FACILITIES.—
23 ‘‘(1) FACILITY FOR RARE ISOTOPE BEAMS.—
24 ‘‘(A) IN GENERAL.—The Secretary shall
25 support construction of a Facility for Rare Iso-
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1 tope Beams to advance the understanding of
2 rare nuclear isotopes and the evolution of the
3 cosmos.
4 ‘‘(B) FUNDING.—Out of funds authorized
5 to be appropriated under subsection (c), there
6 are authorized to be appropriated to the Sec-
7 retary to carry out construction of the facility
8 under this subsection $2,000,000 for fiscal year
9 2022.
10 ‘‘(C) START OF OPERATIONS.—The Sec-
11 retary shall, subject to the availability of appro-
12 priations, ensure that the start of full oper-
13 ations of the facility under this section occurs
14 before March 1, 2022.
15 ‘‘(2) ELECTRON-ION COLLIDER.—
16 ‘‘(A) IN GENERAL.—The Secretary shall
17 support construction of an Electron Ion Collider
18 as described in the 2015 Long Range Plan of
19 the Nuclear Science Advisory Committee and
20 the report from the National Academies of
21 Science, Engineering, and Medicine titled ‘An
22 Assessment of U.S.-Based Electron-Ion Collider
23 Science’, in order to measure the internal struc-
24 ture of the proton and the nucleus and answer
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1 fundamental questions about the nature of visi-
2 ble matter.
3 ‘‘(B) FACILITY CAPABILITY.—The Sec-
4 retary shall ensure that the facility meets the
5 requirements in the 2015 Long Range Plan, in-
6 cluding—
7 ‘‘(i) at least 70 percent polarized
8 beams of electrons and light ions;
9 ‘‘(ii) ion beams from deuterium to the
10 heaviest stable nuclei;
11 ‘‘(iii) variable center of mass energy
12 from 20 to 140 GeV;
13 ‘‘(iv) high collision luminosity of
14 1033–34cm-2s-1; and
15 ‘‘(v) the possibility of more than one
16 interaction region.
17 ‘‘(C) START OF OPERATIONS.—The Sec-
18 retary shall, subject to the availability of appro-
19 priations, ensure that the start of full oper-
20 ations of the facility under this section occurs
21 before December 31, 2030.
22 ‘‘(D) FUNDING.—Out of funds authorized
23 to be appropriated under subsection (c), there
24 are authorized to be appropriated to the Sec-
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1 retary to carry out construction of the facility
2 under this subsection—
3 ‘‘(i) $101,000,000 for fiscal year
4 2022;
5 ‘‘(ii) $155,000,000 for fiscal year
6 2023;
7 ‘‘(iii) $250,000,000 for fiscal year
8 2024;
9 ‘‘(iv) $300,000,000 for fiscal year
10 2025; and
11 ‘‘(v) $305,000,000 for fiscal year
12 2026.
13 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
14 are authorized to be appropriated to the Secretary to carry
15 out the activities described in this section—
16 ‘‘(1) $780,000,000 for fiscal year 2022;
17 ‘‘(2) $879,390,000 for fiscal year 2023;
18 ‘‘(3) $1,025,097,300 for fiscal year 2024;
19 ‘‘(4) $1,129,354,111 for fiscal year 2025; and
20 ‘‘(5) $1,192,408,899 for fiscal year 2026.’’.
21 SEC. 10108. ACCELERATOR RESEARCH AND DEVELOPMENT.
22 The Department of Energy Research and Innovation
23 Act (42 U.S.C. 18601 et seq.) is amended by adding after
24 section 309 the following:
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1 ‘‘SEC. 310. ACCELERATOR RESEARCH AND DEVELOPMENT.
2 ‘‘(a) PROGRAM.—As part of the activities authorized
3 under section 209 of the Department of Energy Organiza-
4 tion Act (42 U.S.C. 7139), the Director shall carry out
5 a research program to—
6 ‘‘(1) advance accelerator science and technology
7 relevant to the Department, other Federal agencies,
8 and U.S. industry;
9 ‘‘(2) foster partnerships to develop, dem-
10 onstrate, and enable the commercial application of
11 accelerator technologies;
12 ‘‘(3) support the development of a skilled, di-
13 verse, and inclusive accelerator workforce; and
14 ‘‘(4) provide access to accelerator design and
15 engineering resources.
16 ‘‘(b) ACCELERATOR RESEARCH.—In carrying out the
17 program authorized under subsection (a), the Director
18 shall support—
19 ‘‘(1) research activities in cross-cutting accel-
20 erator technologies including superconducting
21 magnets and accelerators, beam physics, data ana-
22 lytics-based accelerator controls, simulation software,
23 new particle sources, advanced laser technology, and
24 transformative research; and
25 ‘‘(2) optimal operation of the Accelerator Test
26 Facility.
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1 ‘‘(c) ACCELERATOR DEVELOPMENT.—In carrying out
2 the program authorized under subsection (a), the Director
3 shall support partnerships to foster the development, dem-
4 onstration, and commercial application of accelerator tech-
5 nologies including, advanced superconducting wire and
6 cable, superconducting RF cavities, and high efficiency ra-
7 diofrequency power sources for accelerators.
8 ‘‘(d) RESEARCH COLLABORATIONS.—In developing
9 accelerator technologies under the program authorized in
10 subsection (a), the Director shall—
11 ‘‘(1) consider the requirements necessary to
12 support translational research and development for
13 medical, industrial, security, and defense applica-
14 tions; and
15 ‘‘(2) leverage investments in accelerator tech-
16 nologies and fundamental research in particle phys-
17 ics by partnering with institutes of higher education,
18 industry, and other Federal agencies to enable the
19 commercial application of advanced accelerator tech-
20 nologies.
21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
22 are authorized to be appropriated to the Secretary to carry
23 out the activities described in this section—
24 ‘‘(1) $24,000,000 for fiscal year 2022;
25 ‘‘(2) $25,680,000 for fiscal year 2023;
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1 ‘‘(3) $27,477,600 for fiscal year 2024;
2 ‘‘(4) $29,401,032 for fiscal year 2025; and
3 ‘‘(5) $31,459,104 for fiscal year 2026.’’.
4 SEC. 10109. ISOTOPE DEVELOPMENT AND PRODUCTION
5 FOR RESEARCH APPLICATIONS.
6 The Department of Energy Research and Innovation
7 Act (42 U.S.C. 18601 et seq.) is amended by adding after
8 section 310 as added by this title, the following:
9 ‘‘SEC. 311. ISOTOPE DEVELOPMENT AND PRODUCTION FOR
10 RESEARCH APPLICATIONS.
11 ‘‘(a) IN GENERAL.—The Director—
12 ‘‘(1) shall carry out a program in coordination
13 with other relevant programs across the Department
14 for the production of isotopes, including the develop-
15 ment of techniques to produce isotopes, that the Sec-
16 retary determines are needed for research, medical,
17 industrial, or related purposes, to the maximum ex-
18 tent practicable, in accordance with the 2015 Nu-
19 clear Science Advisory Committee ‘Meeting Isotope
20 Needs and Capturing Opportunities For The Fu-
21 ture’ report; and
22 ‘‘(2) shall ensure that isotope production activi-
23 ties carried out under the program under this para-
24 graph do not compete with private industry unless
25 the Director determines that critical national inter-
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1 ests require the involvement of the Federal Govern-
2 ment.
3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
4 are authorized to be appropriated to carry out the pro-
5 gram under this section—
6 ‘‘(1) $90,000,000 for fiscal year 2022;
7 ‘‘(2) $96,300,000 for fiscal year 2023;
8 ‘‘(3) $103,041,000 for fiscal year 2024;
9 ‘‘(4) $110,253,870 for fiscal year 2025; and
10 ‘‘(5) $117,971,641 for fiscal year 2026.’’.
11 SEC. 10110. SCIENCE LABORATORIES INFRASTRUCTURE
12 PROGRAM.
13 (a) PROGRAM.—Section 309 of the Department of
14 Energy Research and Innovation Act (42 U.S.C. 18647)
15 is amended by adding at the end the following:
16 ‘‘(c) APPROACH.—In carrying out this section, the
17 Director shall utilize all available approaches and mecha-
18 nisms, including capital line items, minor construction
19 projects, energy savings performance contracts, and utility
20 energy service contracts, alternative financing and expense
21 funding, as appropriate.
22 ‘‘(d) ALTERNATIVE FINANCING OF RESEARCH FA-
23 CILITIES AND INFRASTRUCTURE.—
24 ‘‘(1) IN GENERAL.—Consistent with section
25 161(g) of the Atomic Energy Act of 1954 (42
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1 U.S.C. 2201(g)), the Management and Operating
2 contractors of the Department may enter into the
3 lease-purchase of research facilities and infrastruc-
4 ture under the scope of their contract with the De-
5 partment with the approval of the Secretary or their
6 designee.
7 ‘‘(2) LIMITATIONS.—To carry out lease-pur-
8 chases approved by the Secretary under subsection
9 (a), the Department shall only be required to have
10 budget authority in an amount sufficient to cover
11 the minimum required lease payments through the
12 period required to exercise a termination provision in
13 the lease agreement, plus any associated lease termi-
14 nation penalties, regardless of whether such leased
15 facility and infrastructure is on or off Government
16 land, and if—
17 ‘‘(A) the Department has established a
18 mission need for the facility or infrastructure to
19 be leased;
20 ‘‘(B) the facility or infrastructure is gen-
21 eral purpose, including offices, laboratories,
22 cafeterias, utilities, and data centers;
23 ‘‘(C) the Department is not a party to and
24 has no financial obligations under the lease-pur-
25 chase transaction entered into by the Manage-
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1 ment and Operating contractor, other than al-
2 lowability of the lease cost and conveyance of
3 Government land, if needed;
4 ‘‘(D) the lease-purchase has an advance
5 notice termination provision with reasonable
6 pre-defined penalties that the Management and
7 Operating contractor may exercise, at the direc-
8 tion of the Department, if funding for the lease
9 is no longer available or the mission need ceases
10 to exist;
11 ‘‘(E) there is an option for a no cost trans-
12 fer of ownership to the Government once the
13 underlying financing is retired, but neither the
14 Management and Operating contractor nor the
15 Department are obligated to purchase the facil-
16 ity or infrastructure at any time during or after
17 the lease term;
18 ‘‘(F) the lease-purchase transaction, as-
19 suming exercise of the ownership option, is
20 demonstrated to be the lowest lifecycle cost al-
21 ternative for the Government; and
22 ‘‘(G) the cumulative annual base rent for
23 all lease-purchases of facilities and infrastruc-
24 ture, inclusive of any transactions under consid-
25 eration, does not exceed 2 percent of the Man-
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1 agement and Operating contract operating
2 budget for the year the commitment is made for
3 the lease.
4 ‘‘(3) REPORTING.—Not later than 1 year after
5 the date of the enactment of the America COM-
6 PETES Act of 2022, and biennially thereafter, the
7 Department shall submit to the Committee on
8 Science, Space, and Technology and the Committee
9 on Appropriations of the House of Representatives,
10 and the Committee on Energy and Natural Re-
11 sources and the Committee on Appropriations of the
12 Senate, a report on the lease-purchase transactions
13 that the Management and Operating contractors of
14 the Department entered into under subsection (a)
15 that includes—
16 ‘‘(A) a list of the lease-purchase trans-
17 actions entered into by each Management and
18 Operating contractor and their respective costs;
19 ‘‘(B) the annual percentage of each Man-
20 agement and Operating contract operating
21 budget that is used for lease-purchase trans-
22 actions for the year the commitments were
23 made; and
24 ‘‘(C) any other information the Secretary
25 determines to be appropriate.
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1 ‘‘(4) AUTHORIZATION PERIOD.—The lease-pur-
2 chases authorized under paragraph (1) may be en-
3 tered into only during fiscal years 2022 through
4 2026.
5 ‘‘(e) MID-SCALE INSTRUMENTATION PROGRAM.—
6 The Director, in coordination with each of the programs
7 carried out by the Office of Science, shall establish a mid-
8 scale instrumentation program to enable the development
9 and acquisition of novel, state-of-the-art instruments rang-
10 ing in cost from $1 million to $20 million each that would
11 significantly accelerate scientific breakthroughs at user fa-
12 cilities.
13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
14 are authorized to be appropriated to the Secretary to carry
15 out the activities described in this section $500,000,000
16 for each of fiscal years 2022 through 2026.’’.
17 SEC. 10111. INCREASED COLLABORATION WITH TEACHERS
18 AND SCIENTISTS.
19 (a) IN GENERAL.—The Department of Energy Re-
20 search and Innovation Act (42 U.S.C. 18601 et seq.) is
21 amended by adding after section 311, as added by this
22 title, the following:
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1 ‘‘SEC. 312. INCREASED COLLABORATION WITH TEACHERS
2 AND SCIENTISTS.
3 ‘‘The Director shall support the development of a sci-
4 entific workforce through programs that facilitate collabo-
5 ration between K–12, university students, early-career re-
6 searchers, faculty, and the National Laboratories, includ-
7 ing through the use of proven techniques to expand the
8 number of individuals from underrepresented groups pur-
9 suing and attaining skills or undergraduate and graduate
10 degrees relevant to the Office’s mission.’’.
11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section
12 3169 of the Department of Energy Science Education En-
13 hancement Act (42 U.S.C. 7381e) is amended—
14 (1) by striking, ‘‘programs’’, and inserting
15 ‘‘programs, including the NSF INCLUDES Na-
16 tional Network,’’; and
17 (2) by striking, ‘‘year 1991’’, and inserting
18 ‘‘years 2022 through 2026’’.
19 (c) BROADENING PARTICIPATION IN WORKFORCE
20 DEVELOPMENT FOR TEACHERS AND SCIENTISTS.—
21 (1) IN GENERAL.—The Department of Energy
22 Science Education Enhancement Act (42 U.S.C.
23 7381 et seq.) is amended by inserting the following
24 sections after section 3167 (42 U.S.C. 7381c–1):
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1 ‘‘SEC. 3167A. BROADENING PARTICIPATION FOR TEACHERS
2 AND SCIENTISTS.
3 ‘‘(a) IN GENERAL.—The Secretary shall expand op-
4 portunities to increase the number and the diversity, eq-
5 uity, and inclusion of highly skilled science, technology, en-
6 gineering, and mathematics (STEM) professionals work-
7 ing in Department of Energy mission-relevant disciplines
8 and broaden the recruitment pool to increase diversity, in-
9 cluding expanded partnerships with Historically Black
10 Colleges, Tribal Colleges, Minority Serving Institutions,
11 emerging research institutions, institutions in rural and
12 remote areas, and scientific societies.
13 ‘‘(b) PLAN.—Not later than 1 year after the date of
14 enactment of the America COMPETES Act of 2022, the
15 Secretary shall submit to the Committee on Science,
16 Space, and Technology of the House of Representatives
17 and the Committee on Energy and Natural Resources and
18 the Committee on Commerce, Science, and Transportation
19 of the Senate and make available to the public a plan for
20 broadening participation of underrepresented groups in
21 science, technology, engineering, and mathematics in pro-
22 grams supported by the Department programs, includ-
23 ing—
24 ‘‘(1) a plan for supporting and leveraging the
25 National Science Foundation INCLUDES National
26 Network;
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1 ‘‘(2) metrics for assessing the participation of
2 underrepresented groups in Department programs;
3 ‘‘(3) experienced and potential barriers to
4 broadening participation of underrepresented groups
5 in Department programs, including recommended
6 solutions; and
7 ‘‘(4) any other activities the Secretary finds ap-
8 propriate.
9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—Of the
10 amounts authorized to be appropriated in section 3169
11 (42 U.S.C. 7381e), at least $2,000,000 are authorized to
12 be appropriated each fiscal year for the activities described
13 under this subsection.
14 ‘‘SEC. 3167B. EXPANDING OPPORTUNITIES TO INCREASE
15 THE DIVERSITY, EQUITY, AND INCLUSION OF
16 HIGHLY SKILLED SCIENCE, TECHNOLOGY,
17 ENGINEERING, AND MATHEMATICS (STEM)
18 PROFESSIONALS.
19 ‘‘(a) IN GENERAL.—The Secretary shall expand op-
20 portunities to increase the number and the diversity, eq-
21 uity, and inclusion of highly skilled science, technology, en-
22 gineering, and mathematics (STEM) professionals work-
23 ing in Department of Energy mission-relevant disciplines
24 and broaden the recruitment pool to increase diversity, in-
25 cluding expanded partnerships with Historically Black
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1 Colleges, Tribal Colleges, Minority Serving Institutions,
2 emerging research institutions, and scientific societies.
3 ‘‘(b) PLAN AND OUTREACH STRATEGY.—
4 ‘‘(1) PLAN.—Not later than 6 months after the
5 date of enactment of the America COMPETES Act
6 of 2022, the Secretary shall submit to the Com-
7 mittee on Science, Space, and Technology of the
8 House of Representatives and the Committee on En-
9 ergy and Natural Resources of the Senate a 10-year
10 educational plan to fund and expand new or existing
11 programs administered by the Office of Science and
12 sited at the National Laboratories and Department
13 of Energy user facilities to expand educational and
14 workforce opportunities for underrepresented high
15 school, undergraduate, and graduate students as
16 well as recent graduates, teachers and faculty in
17 STEM fields. This may include paid internships, fel-
18 lowships, temporary employment, training programs,
19 visiting student and faculty programs, sabbaticals,
20 and research support.
21 ‘‘(2) OUTREACH CAPACITY.—The Secretary
22 shall include in the plan under paragraph (1) an
23 outreach strategy to improve the advertising, recruit-
24 ment, and promotion of educational and workforce
25 programs to community colleges, Historically Black
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1 Colleges and Universities, Tribal Colleges, Minority
2 Serving Institutions, and emerging research institu-
3 tions.
4 ‘‘(c) BUILDING RESEARCH CAPACITY.—The Sec-
5 retary shall develop programs that strengthen the research
6 capacity relevant to Office of Science disciplines at emerg-
7 ing research institutions, including minority-serving insti-
8 tutions, tribal colleges and universities, Historically Black
9 Colleges and Universities, and colleges and universities.
10 This may include enabling mutually beneficial and jointly
11 managed partnerships between research-intensive institu-
12 tions and emerging research institutions, and soliciting re-
13 search proposals, fellowships, training programs, and re-
14 search support directly from emerging research institu-
15 tions.
16 ‘‘(d) TRAINEESHIPS.—The Secretary shall establish
17 a university-led Traineeship Program to address workforce
18 training needs in STEM fields relevant to the Depart-
19 ment. The focus should be on supporting training and re-
20 search experiences for underrepresented undergraduate
21 and graduate students and increasing participation from
22 underrepresented populations. The traineeships should in-
23 clude opportunities to build the next-generation workforce
24 in research areas critical to maintaining core competencies
25 across the Office of Science’s programs.
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1 ‘‘(e) EVALUATION.—The Secretary shall establish key
2 performance indicators to measure and monitor progress
3 of education and workforce programs and expand Depart-
4 mental activities for data collection and analysis. The Sec-
5 retary shall submit a report 2 years after the date of en-
6 actment of the America COMPETES Act of 2022, and
7 every 2 years thereafter, to the Committee on Science,
8 Space, and Technology of the House of Representatives
9 and the Committee on Energy and Natural Resources of
10 the Senate summarizing progress toward meeting key per-
11 formance indicators.
12 ‘‘(f) DEFINITIONS.—In this section:
13 ‘‘(1) MINORITY-SERVING INSTITUTION.—The
14 term ‘minority-serving institution’ includes the enti-
15 ties described in any of paragraphs (1) through (7)
16 of section 371(a) of the Higher Education Act of
17 1965 (20 U.S.C. 1067q(a)).
18 ‘‘(2) HISTORICALLY BLACK COLLEGE AND UNI-
19 VERSITIES.—The term ‘Historically Black Colleges
20 and Universities’ has the meaning given in ‘part B
21 institution’ in section 322 of the Higher Education
22 Act of 1965 (20 U.S.C. 1061).
23 ‘‘(3) STEM.—The term ‘STEM’ means the
24 field or disciplines listed in section 2 of the STEM
25 Education Act of 2015 (42 U.S.C. 6621 note).
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1 ‘‘(4) TRIBAL COLLEGES AND UNIVERSITIES.—
2 The term ‘Tribal College or University’ has the
3 meaning given in section 316 of the Higher Edu-
4 cation Act of 1965 (20 U.S.C. 1059c).’’.
5 (2) CLERICAL AMENDMENT.—The table of con-
6 tents in section 2(b) of the National Defense Au-
7 thorization Act for Fiscal Year 1991 is amended by
8 inserting after the item relating to section 3167 the
9 following:
‘‘Sec. 3167A. Broadening participation for teachers and scientists.
‘‘Sec. 3167B. Expanding opportunities to increase the diversity, equity, and in-
clusion of highly skilled science, technology, engineering, and
mathematics (STEM) professionals.’’.
10 SEC. 10112. HIGH INTENSITY LASER RESEARCH INITIATIVE;
11 OFFICE OF SCIENCE EMERGING INFECTIOUS
12 DISEASE COMPUTING RESEARCH INITIATIVE;
13 HELIUM CONSERVATION PROGRAM; AUTHOR-
14 IZATION OF APPROPRIATIONS.
15 (a) IN GENERAL.—The Department of Energy Re-
16 search and Innovation Act (42 U.S.C. 18601 et seq.) is
17 amended by adding at the end the following:
18 ‘‘SEC. 313. HIGH INTENSITY LASER RESEARCH INITIATIVE.
19 ‘‘(a) IN GENERAL.—The Director shall establish a
20 high intensity laser research initiative consistent with the
21 recommendations of the National Academies report, ‘Op-
22 portunities in Intense Ultrafast Lasers: Reaching for the
23 Brightest Light’, and the report from the Brightest Light
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1 Initiative workshop on ‘The Future of Intense Ultrafast
2 Lasers in the U.S.’. This initiative should include research
3 and development of petawatt-scale and of high average
4 power laser technologies necessary for future facility needs
5 in discovery science and to advance energy technologies,
6 as well as support for a user network of academic and
7 national laboratory high intensity laser facilities.
8 ‘‘(b) LEVERAGE.—The Director shall leverage new
9 laser technologies for more compact, less complex, and
10 low-cost accelerator systems needed for science applica-
11 tions.
12 ‘‘(c) COORDINATION.—The Director shall coordinate
13 this initiative among all relevant programs within the Of-
14 fice of Science, and the Under Secretary for Science shall
15 coordinate this initiative with other relevant programs
16 within the Department as well as within other Federal
17 agencies.
18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—Out of
19 funds authorized to be appropriated for the Office of
20 Science there are authorized to be appropriated to the Sec-
21 retary to carry out the activities described in this sec-
22 tion—
23 ‘‘(1) $50,000,000 for fiscal year 2022;
24 ‘‘(2) $100,000,000 for fiscal year 2023;
25 ‘‘(3) $150,000,000 for fiscal year 2024;
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1 ‘‘(4) $200,000,000 for fiscal year 2025; and
2 ‘‘(5) $250,000,000 for fiscal year 2026.
3 ‘‘SEC. 314. HELIUM CONSERVATION PROGRAM.
4 ‘‘(a) IN GENERAL.—The Secretary shall establish a
5 program to reduce the consumption of helium for Depart-
6 ment grant recipients and facilities and encourage helium
7 recycling and reuse. The program shall competitively
8 award grants for—
9 ‘‘(1) the purchase of equipment to capture,
10 reuse, and recycle helium;
11 ‘‘(2) the installation, maintenance, and repair
12 of new and existing helium capture, reuse, and recy-
13 cling equipment; and
14 ‘‘(3) helium alternatives research and develop-
15 ment activities.
16 ‘‘(b) REPORT.—In carrying out the program under
17 this section, the Director shall submit to the Committee
18 on Science, Space, and Technology of House of Represent-
19 atives and the Committee on Energy and Natural Re-
20 sources of the Senate a report, not later than two years
21 after the date of enactment of the America COMPETES
22 Act of 2022, and every 3 years thereafter, on the purchase
23 of helium as part of research projects and facilities sup-
24 ported by the Department. The report shall include—
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1 ‘‘(1) the quantity of helium purchased for
2 projects and facilities supported by Department
3 grants;
4 ‘‘(2) a cost-analysis for such helium;
5 ‘‘(3) the predominant production sources for
6 such helium;
7 ‘‘(4) expected or experienced impacts of helium
8 supply shortages or prices on the research projects
9 and facilities supported by the Department; and
10 ‘‘(5) recommendations for reducing Department
11 grant recipients’ exposure to volatile helium prices.
12 ‘‘(c) COORDINATION.—In carrying out the program
13 under this section, the Director shall coordinate with the
14 National Science Foundation and other relevant Federal
15 agencies on helium conservation activities.
16 ‘‘(d) DURATION.—The program established under
17 this section shall receive support for a period of not more
18 than 5 years, subject to the availability of appropriations.
19 ‘‘(e) RENEWAL.—Upon expiration of any period of
20 support of the program under this section, the Director
21 may renew support for the program for a period of not
22 more than 5 years.
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1 ‘‘SEC. 315. OFFICE OF SCIENCE EMERGING INFECTIOUS
2 DISEASE COMPUTING RESEARCH INITIATIVE.
3 ‘‘(a) IN GENERAL.—The Secretary, in coordination
4 with the Director of the National Science Foundation, the
5 Secretary of Health and Human Services, and the Admin-
6 istrator of the National Aeronautics and Space Adminis-
7 tration, shall establish within the Office of Science, a
8 cross-cutting research initiative to leverage the Federal
9 Government’s innovative analytical resources and tools,
10 user facilities, and advanced computational and net-
11 working capabilities in order to prevent, prepare for, and
12 respond to emerging infectious diseases, including
13 COVID–19. The Secretary shall carry out this initiative
14 through a competitive, merit-reviewed process, and con-
15 sider applications from National Laboratories, institutions
16 of higher education, multi-institutional collaborations, in-
17 dustry partners and other appropriate entities.
18 ‘‘(b) ACTIVITIES.—In carrying out the initiative es-
19 tablished under subsection (a), the Secretary shall coordi-
20 nate with programs across the Office of Science and with
21 relevant Federal agencies to determine a comprehensive
22 set of technical milestones for these research activities and
23 prioritize the following objectives—
24 ‘‘(1) supporting fundamental research and de-
25 velopment in advanced analytics, experimental stud-
26 ies, materials synthesis, high-performance computing
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1 technologies needed to characterize, model, simulate,
2 and predict complex phenomena and biological mate-
3 rials related to emerging infectious diseases, includ-
4 ing COVID–19 challenges, including a focus on test-
5 ing and diagnostics, experimental data acquisition,
6 sharing and management, advanced manufacturing,
7 and molecular design and modeling;
8 ‘‘(2) using expertise from the private sector, in-
9 stitutions of higher education, and the National
10 Laboratories to develop computational software and
11 capabilities that prospective users may accelerate
12 emerging infectious diseases research and develop-
13 ment;
14 ‘‘(3) leveraging the research infrastructure of
15 the Department, including scientific computing user
16 facilities, x-ray light sources, neutron scattering fa-
17 cilities, nanoscale science research centers, and se-
18 quencing and bio-characterization facilities by co-
19 ordinating with the Advanced Scientific Computing
20 Research, Basic Energy Sciences, and Biological and
21 Environmental Research programs within the Office
22 of Science;
23 ‘‘(4) leveraging experience from existing mod-
24 eling and simulation research and work sponsored by
25 the Department and promoting collaboration and
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1 data sharing between National Laboratories, re-
2 search entities, and user facilities of the Department
3 by providing the necessary access and secure data
4 transfer capabilities; and
5 ‘‘(5) ensuring that new experimental and com-
6 putational tools are accessible to relevant research
7 communities, including private sector entities to ad-
8 dress emerging infectious diseases, including
9 COVID–19 challenges.
10 ‘‘(c) COORDINATION.—In carrying out this initiative,
11 the Secretary shall ensure, to the maximum extent prac-
12 ticable, coordination of these activities with the Depart-
13 ment of Energy National Laboratories, institutions of
14 higher education, and the private sector.
15 ‘‘(d) EMERGING INFECTIOUS DISEASES HIGH PER-
16 FORMANCE COMPUTING RESEARCH CONSORTIUM.—
17 ‘‘(1) IN GENERAL.—The Secretary in coordina-
18 tion with the Director of the National Science Foun-
19 dation, the Secretary of Health and Human Serv-
20 ices, and the Director of the Office of Science and
21 Technology Policy shall establish and operate an
22 Emerging Infectious Diseases High Performance
23 Computing Research Consortium (referred to in this
24 section as the ‘Consortium’), to support the initiative
25 under subsection (a) by providing, to the extent
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1 practicable, a centralized entity for multidisciplinary,
2 collaborative, emerging infectious disease research
3 and development through high performance com-
4 puting and advanced data analytics technologies and
5 processes.
6 ‘‘(2) MEMBERSHIP.—The members of such con-
7 sortium may include representatives from relevant
8 Federal agencies, the private sector, institutions of
9 higher education, which can each contribute relevant
10 compute time, capabilities, or other resources.
11 ‘‘(3) ACTIVITIES.—The Consortium shall—
12 ‘‘(A) match applicants with available Fed-
13 eral and private sector computing resources;
14 ‘‘(B) consider supplemental awards for
15 computing partnerships with Consortium mem-
16 bers to qualifying entities on a competitive
17 merit-review basis;
18 ‘‘(C) encourage collaboration and commu-
19 nication among member representatives of the
20 consortium and awardees;
21 ‘‘(D) make available the high-performance
22 computing capabilities, expertise, and user fa-
23 cilities of the Department and the National
24 Laboratories; and
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1 ‘‘(E) submit an annual report to the Sec-
2 retary summarizing the activities of the Consor-
3 tium, including—
4 ‘‘(i) describing each project under-
5 taken by the Consortium;
6 ‘‘(ii) detailing organizational expendi-
7 tures; and
8 ‘‘(iii) evaluating contribution to the
9 achievement of technical milestones as de-
10 termined in subsection (a).
11 ‘‘(4) COORDINATION.—The Secretary shall en-
12 sure the coordination of, and avoid unnecessary du-
13 plication of, the activities of the Consortium with the
14 activities of other research entities of the Depart-
15 ment, institutions of higher education and the pri-
16 vate sector.
17 ‘‘(e) REPORT.—Not later than 2 years after the date
18 of enactment of the America COMPETES Act of 2022,
19 the Secretary shall submit to the Committee on Science,
20 Space, and Technology of the House of Representatives,
21 the Committee on Energy and Commerce of the House
22 of Representatives, the Committee on Energy and Natural
23 Resources of the Senate, and the Committee on Com-
24 merce, Science, and Transportation of the Senate a report
25 detailing the effectiveness of—
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1 ‘‘(1) the interagency coordination between each
2 Federal agency involved in the research initiative
3 carried out under this section;
4 ‘‘(2) the collaborative research achievements of
5 the initiative, including the achievement of the tech-
6 nical milestones determined under subsection (a);
7 and
8 ‘‘(3) potential opportunities to expand the tech-
9 nical capabilities of the Department.
10 ‘‘(f) FUNDING.—From within funds authorized to be
11 appropriated for the Department’s Office of Science, there
12 are authorized to be appropriated to the Secretary to carry
13 out the activities under this subsection, $50,000,000 for
14 fiscal years 2022 and 2023.
15 ‘‘(g) PROHIBITION.—
16 ‘‘(1) IN GENERAL.—In carrying out this Act,
17 the Secretary may not carry out gain-of-function re-
18 search of concern.
19 ‘‘(2) GAIN-OF-FUNCTION RESEARCH DE-
20 FINED.—For the purposes of this subsection, ‘gain-
21 of-function research of concern’ means research ac-
22 tivities with the potential to generate pathogens with
23 high transmissibility and high virulence in humans.
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1 ‘‘SEC. 316. AUTHORIZATION OF APPROPRIATIONS.
2 ‘‘There are authorized to be appropriated to the Sec-
3 retary to carry out the activities described in this title—
4 ‘‘(1) $8,801,915,000 for fiscal year 2022;
5 ‘‘(2) $9,546,015,300 for fiscal year 2023;
6 ‘‘(3) $10,395,677,621 for fiscal year 2024;
7 ‘‘(4) $10,948,625,004 for fiscal year 2025; and
8 ‘‘(5) $11,300,798,345 for fiscal year 2026.’’.
9 (b) TABLE OF CONTENTS.—Section 1(b) of the De-
10 partment of Energy Research and Innovation Act is
11 amended in the table of contents by inserting after the
12 item relating to section 309 the following:
‘‘Sec. 310. Accelerator research and development.
‘‘Sec. 311. Isotope Development and Production for Research Applications.
‘‘Sec. 312. Increased collaboration with teachers and scientists.
‘‘Sec. 313. High intensity laser research initiative.
‘‘Sec. 314. Helium conservation program.
‘‘Sec. 315. Office of Science Emerging Infectious Disease Computing Research
Initiative.
‘‘Sec. 316. Authorization of appropriations.’’.
13 SEC. 10113. STATE-OWNED ENTERPRISES PROHIBITION.
14 (a) INNOVATE IN AMERICA.—In carrying out this
15 title or the amendments made by this title, the Secretary
16 may not award a contract, subcontract, grant, or loan to
17 an entity that—
18 (1) is owned or controlled by, is a subsidiary of,
19 or is otherwise related legally or financially to a cor-
20 poration based in a country that—
21 (A) is identified as a nonmarket economy
22 country (as defined in section 771(18) of the
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1 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
2 the date of enactment of this Act;
3 (B) was identified by the United States
4 Trade Representative in the most recent report
5 required by section 182 of the Trade Act of
6 1974 (19 U.S.C. 2242) as a priority foreign
7 country under subsection (a)(2) of that section;
8 and
9 (C) is subject to monitoring by the Trade
10 Representative under section 306 of the Trade
11 Act of 1974 (19 U.S.C. 2416); or
12 (2) is listed pursuant to section 9(b)(3) of the
13 Uyghur Human Rights Policy Act of 2020 (Public
14 Law 116–145).
15 (b) EXCEPTION.—For purposes of subsection (a), the
16 Secretary may issue a waiver, to be made publicly avail-
17 able, to an entity in which the legal or financial connection
18 to a corporation is a minority relationship or investment.
19 (c) INTERNATIONAL AGREEMENTS.—This section
20 shall be applied in a manner consistent with the obliga-
21 tions of the United States under international agreements.
22 SEC. 10114. DETERMINATION OF BUDGETARY EFFECTS.
23 The budgetary effects of this title, for the purpose
24 of complying with the Statutory Pay-As-You-Go Act of
25 2010, shall be determined by reference to the latest state-
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1 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’
2 for this title, submitted for printing in the Congressional
3 Record by the Chairman of the House Budget Committee,
4 provided that such statement has been submitted prior to
5 the vote on passage.
6 SEC. 10115. NATIONAL VIRTUAL BIOTECHNOLOGY LABORA-
7 TORY.
8 The Office of Science may allocate any funds author-
9 ized under this title to the National Virtual Biotechnology
10 Laboratory so long as such allocation is in conformity with
11 the purpose and any other requirements of such authoriza-
12 tion.
13 SEC. 10116. ADDITIONAL RESEARCH.
14 (a) IN GENERAL.—The Secretary of Energy shall
15 support research to advance adoption of integrated rooftop
16 solar, distributed solar, and microgrid technologies.
17 (b) FUNDING.—There is authorized to be appro-
18 priated to carry out this section $50,000,000.
19 TITLE II—NATIONAL INSTITUTE
20 OF STANDARDS AND TECH-
21 NOLOGY FOR THE FUTURE
22 ACT OF 2021
23 SEC. 10201. DEFINITIONS.
24 In this title:
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1 (1) DIRECTOR.—The term ‘‘Director’’ means
2 the Director of the National Institute of Standards
3 and Technology.
4 (2) FRAMEWORK.—The term ‘‘Framework’’
5 means the Framework for Improving Critical Infra-
6 structure Cybersecurity developed by the National
7 Institute of Standards and Technology and referred
8 to in Executive Order No. 13800 issued on May 11,
9 2017 (82 Fed. Reg. 22391 et seq.).
10 (3) HISTORICALLY BLACK COLLEGES AND UNI-
11 VERSITIES.—The term ‘‘historically Black colleges
12 and universities’’ has the same meaning given to the
13 term ‘‘part B institutions’’ in section 322 of the
14 Higher Education Act of 1965 (20 U.S.C. 1061).
15 (4) INSTITUTE.—The term ‘‘Institute’’ means
16 the National Institute of Standards and Technology.
17 (5) INSTITUTION OF HIGHER EDUCATION.—The
18 term ‘‘institution of higher education’’ has the
19 meaning given such term in section 101 of the High-
20 er Education Act of 1965 (20 U.S.C. 1001).
21 (6) INTERNATIONAL STANDARDS ORGANIZA-
22 TION.—The term ‘‘International Standards Organi-
23 zation’’ has the meaning given such term in section
24 451 of the Trade Agreements Act of 1979 (19
25 U.S.C. 2571).
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1 (7) MINORITY SERVING INSTITUTION.—The
2 term ‘‘minority-serving institution’ ’’ means a His-
3 panic-serving institution, an Alaska Native-serving
4 institution, a Native Hawaiian-serving institutions, a
5 Predominantly Black Institution, an Asian American
6 and Native American Pacific Islander-serving insti-
7 tution, or a Native American-serving nontribal insti-
8 tution as described in section 371 of the Higher
9 Education Act of 1965 (20 U.S.C. 1067q(a)).
10 (8) SECRETARY.—The term ‘‘Secretary’’ means
11 the Secretary of Commerce.
12 (9) TECHNICAL STANDARDS.—The term ‘‘tech-
13 nical standard’’ has the meaning given such term in
14 section 12(d)(5) of the National Technology Trans-
15 fer and Advancement Act of 1995.
16 Subtitle A—Appropriations
17 SEC. 10211. AUTHORIZATION OF APPROPRIATIONS.
18 (a) FISCAL YEAR 2022.—
19 (1) IN GENERAL.—There are authorized to be
20 appropriated to the Secretary of Commerce
21 $1,409,070,000 for the National Institute of Stand-
22 ards and Technology for fiscal year 2022.
23 (2) SPECIFIC ALLOCATIONS.—Of the amount
24 authorized by paragraph (1)—
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1 (A) $915,570,000 is authorized to be ap-
2 propriated for scientific and technical research
3 and services laboratory activities, of which
4 $9,000,000 is authorized to be appropriated for
5 the Working Capital Fund;
6 (B) $22,000,000 is authorized to be appro-
7 priated to the Director for the purpose of inves-
8 tigating the building collapse that occurred in
9 Surfside, Florida on June 24, 2021, to under-
10 stand the source of failure, to provide rec-
11 ommendations for how to rectify any short-
12 comings in existing building standards in order
13 to prevent future similar disasters, and to in-
14 form future building codes for similar struc-
15 tures, in coordination with State and local of-
16 fices and other Federal agencies as appropriate,
17 consistent with the Institute’s responsibilities
18 under the National Construction Safety Team
19 Act of 2002 (Public Law 107–231);
20 (C) $140,000,000 is authorized to be ap-
21 propriated for the construction and mainte-
22 nance of facilities, of which $80,000,000 is au-
23 thorized to be appropriated for Safety, Capac-
24 ity, Maintenance, and Major Repairs; and
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1 (D) $331,500,000 is authorized to be ap-
2 propriated for industrial technology services ac-
3 tivities, of which $275,000,000 is authorized to
4 be appropriated for the Manufacturing Exten-
5 sion Partnership program under sections 25
6 and 26 of the National Institute of Standards
7 and Technology Act (15 U.S.C. 278k and 278l)
8 and $56,500,000 is authorized to be appro-
9 priated for the Network for Manufacturing In-
10 novation Program under section 34 of the Na-
11 tional Institute of Standards and Technology
12 Act (15 U.S.C. 278s).
13 (b) FISCAL YEAR 2023.—
14 (1) IN GENERAL.—There are authorized to be
15 appropriated to the Secretary of Commerce
16 $1,518,800,000 for the National Institute of Stand-
17 ards and Technology for fiscal year 2023.
18 (2) SPECIFIC ALLOCATIONS.—Of the amount
19 authorized by paragraph (1)—
20 (A) $979,100,000 is authorized to be ap-
21 propriated for scientific and technical research
22 and services laboratory activities, of which
23 $10,000,000 is authorized to be appropriated
24 for the Working Capital Fund;
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1 (B) $200,000,000 is authorized to be ap-
2 propriated for the construction and mainte-
3 nance of facilities, of which $80,000,000 is au-
4 thorized to be appropriated for Safety, Capac-
5 ity, Maintenance, and Major Repairs, including
6 $20,000,000 for IT infrastructure; and
7 (C) $339,800,000 is authorized to be ap-
8 propriated for industrial technology services ac-
9 tivities, of which $283,300,000 is authorized to
10 be appropriated for the Manufacturing Exten-
11 sion Partnership program under sections 25
12 and 26 of the National Institute of Standards
13 and Technology Act (15 U.S.C. 278k and 278l)
14 and $56,500,000 is authorized to be appro-
15 priated for the Network for Manufacturing In-
16 novation Program under section 34 of the Na-
17 tional Institute of Standards and Technology
18 Act (15 U.S.C. 278s).
19 (c) FISCAL YEAR 2024.—
20 (1) IN GENERAL.—There are authorized to be
21 appropriated to the Secretary of Commerce
22 $1,595,800,000 for the National Institute of Stand-
23 ards and Technology for fiscal year 2024.
24 (2) SPECIFIC ALLOCATIONS.—Of the amount
25 authorized by paragraph (1)—
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1 (A) $1,047,600,000 is authorized to be ap-
2 propriated for scientific and technical research
3 and services laboratory activities, of which
4 $12,000,000 is authorized to be appropriated
5 for the Working Capital Fund;
6 (B) $200,000,000 is authorized to be ap-
7 propriated for the construction and mainte-
8 nance of facilities, of which $80,000,000 is au-
9 thorized to be appropriated for Safety, Capac-
10 ity, Maintenance, and Major Repairs, including
11 $20,000,000 for IT infrastructure; and
12 (C) $348,200,000 is authorized to be ap-
13 propriated for industrial technology services ac-
14 tivities, of which $291,700,000 is authorized to
15 be appropriated for the Manufacturing Exten-
16 sion Partnership program under sections 25
17 and 26 of the National Institute of Standards
18 and Technology Act (15 U.S.C. 278k and 278l)
19 and $56,500,000 is authorized to be appro-
20 priated for the Network for Manufacturing In-
21 novation Program under section 34 of the Na-
22 tional Institute of Standards and Technology
23 Act (15 U.S.C. 278s).
24 (d) FISCAL YEAR 2025.—
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1 (1) IN GENERAL.—There are authorized to be
2 appropriated to the Secretary of Commerce
3 $1,677,900,000 for the National Institute of Stand-
4 ards and Technology for fiscal year 2025.
5 (2) SPECIFIC ALLOCATIONS.—Of the amount
6 authorized by paragraph (1)—
7 (A) $1,120,900,000 is authorized to be ap-
8 propriated for scientific and technical research
9 and services laboratory activities, of which
10 $15,000,000 is authorized to be appropriated
11 for the Working Capital Fund;
12 (B) $200,000,000 is authorized to be ap-
13 propriated for the construction and mainte-
14 nance of facilities, of which $80,000,000 is au-
15 thorized to be appropriated for Safety, Capac-
16 ity, Maintenance, and Major Repairs, including
17 $20,000,000 for IT infrastructure; and
18 (C) $357,000,000 is authorized to be ap-
19 propriated for industrial technology services ac-
20 tivities, of which $300,500,000 is authorized to
21 be appropriated for the Manufacturing Exten-
22 sion Partnership program under sections 25
23 and 26 of the National Institute of Standards
24 and Technology Act (15 U.S.C. 278k and 278l)
25 and $56,500,000 is authorized to be appro-
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1 priated for the Network for Manufacturing In-
2 novation Program under section 34 of the Na-
3 tional Institute of Standards and Technology
4 Act (15 U.S.C. 278s).
5 (e) FISCAL YEAR 2026.—
6 (1) IN GENERAL.—There are authorized to be
7 appropriated to the Secretary of Commerce
8 $1,765,400,000 for the National Institute of Stand-
9 ards and Technology for fiscal year 2026.
10 (2) SPECIFIC ALLOCATIONS.—Of the amount
11 authorized by paragraph (1)—
12 (A) $1,199,400,000 is authorized to be ap-
13 propriated for scientific and technical research
14 and services laboratory activities, of which
15 $18,000,000 is authorized to be appropriated
16 for the Working Capital Fund;
17 (B) $200,000,000 is authorized to be ap-
18 propriated for the construction and mainte-
19 nance of facilities, of which $80,000,000 is au-
20 thorized to be appropriated for Safety, Capac-
21 ity, Maintenance, and Major Repairs, including
22 $20,000,000 for IT infrastructure; and
23 (C) $366,000,000 is authorized to be ap-
24 propriated for industrial technology services ac-
25 tivities, of which $309,500,000 is authorized to
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1 be appropriated for the Manufacturing Exten-
2 sion Partnership program under sections 25
3 and 26 of the National Institute of Standards
4 and Technology Act (15 U.S.C. 278k and 23
5 278l) and $56,500,000 is authorized to be ap-
6 propriated for the Network for Manufacturing
7 Innovation Program under section 34 of the
8 National Institute of Standards and Technology
9 Act (15 U.S.C. 278s).
10 Subtitle B—Measurement Research
11 SEC. 10221. ENGINEERING BIOLOGY AND BIOMETROLOGY.
12 (a) IN GENERAL.—The Director shall—
13 (1) support basic measurement science, tech-
14 nology research for engineering biology, biomanufac-
15 turing, and biometrology to advance—
16 (A) measurement technologies to support
17 foundational understanding of the mechanisms
18 of conversion of DNA information into cellular
19 function, including both the natural and engi-
20 neered production of biomolecules;
21 (B) technologies for measurement of such
22 biomolecular components and for complex engi-
23 neered biological systems;
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1 (C) new data tools, techniques, and proc-
2 esses to improve engineering biology, biomanu-
3 facturing, and biometrology research; and
4 (D) all other areas deemed by the Director
5 to be critical to the development and deploy-
6 ment of engineering biology, biomanufacturing
7 and biometrology;
8 (2) support activities to inform and expand the
9 development of measurements infrastructure needed
10 to develop technical standards to establish interoper-
11 ability and facilitate commercial development of bio-
12 molecular measurement technology and engineering
13 biology applications;
14 (3) convene industry, institutions of higher edu-
15 cation, nonprofit organizations, Federal laboratories,
16 and other Federal agencies engaged in engineering
17 biology research and development to develop coordi-
18 nated technical roadmaps for authoritative measure-
19 ment of the molecular components of the cell;
20 (4) provide access to user facilities with ad-
21 vanced or unique equipment, services, materials, and
22 other resources to industry, institutions of higher
23 education, nonprofit organizations, and government
24 agencies to perform research and testing;
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1 (5) establish or expand collaborative partner-
2 ships or consortia with other Federal agencies en-
3 gaged in engineering biology research and develop-
4 ment, institutions of higher education, Federal lab-
5 oratories, and industry to advance engineering biol-
6 ogy applications; and
7 (6) support graduate and post graduate re-
8 search and training in biometrology, biomanufac-
9 turing, and engineering biology.
10 (b) DEFINITIONS.—For purposes of this section, the
11 term ‘‘Engineering Biology’’ means the application of en-
12 gineering design principles and practices to biological sys-
13 tems, including molecular and cellular systems, to advance
14 fundamental understanding of complex natural systems
15 and to enable novel or optimized functions and capabili-
16 ties.
17 (c) RULE OF CONSTRUCTION.—Nothing in this sec-
18 tion shall be construed to alter the policies, processes, or
19 practices of individual Federal agencies in effect on the
20 day before the date of the enactment of this Act relating
21 to the conduct of biomedical research and advanced devel-
22 opment, including the solicitation and review of extra-
23 mural research proposals.
24 (d) CONTROLS.—In carrying out activities authorized
25 by this section, the Secretary shall ensure proper security
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1 controls are in place to protect sensitive information, as
2 appropriate.
3 SEC. 10222. GREENHOUSE GAS MEASUREMENT RESEARCH.
4 (a) GREENHOUSE GAS MEASUREMENT PROGRAM.—
5 (1) IN GENERAL.—The Director, in consulta-
6 tion with the Administrator of the National Oceanic
7 and Atmospheric Administration, the Administrator
8 of the Environmental Protection Agency, the Na-
9 tional Aeronautics and Space Administration, the
10 National Science Foundation, and other Federal
11 agencies, as appropriate, shall carry out a measure-
12 ment research program to inform the development of
13 best practices, benchmarks, methodologies, proce-
14 dures, and technical standards for the measurement
15 of greenhouse gas emissions and to assess and im-
16 prove the performance of greenhouse gas emissions
17 measurement systems placed in-situ and on space-
18 based platforms.
19 (2) ACTIVITIES.—In carrying out such a pro-
20 gram, the Director may—
21 (A) conduct research and testing to im-
22 prove the accuracy, efficacy, and reliability of
23 the measurement of greenhouse gas emissions
24 at a range of scales that covers direct measure-
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1 ment at the component or process level through
2 atmospheric observations;
3 (B) conduct research to create novel meas-
4 urement technologies and techniques for the
5 measurement of greenhouse gas emissions;
6 (C) convene and engage with relevant Fed-
7 eral agencies and stakeholders to establish com-
8 mon definitions and characterizations for the
9 measurement of greenhouse gas emissions, tak-
10 ing into account any existing United States and
11 international technical standards and guidance;
12 (D) conduct outreach and coordination to
13 share technical expertise with relevant industry
14 and non-industry stakeholders and standards
15 development organizations to assist such enti-
16 ties in the development of best practices and
17 technical standards for greenhouse gas emis-
18 sions measurements;
19 (E) in coordination with the Administrator
20 of the National Oceanic and Atmospheric Ad-
21 ministration and the Administrator of the Envi-
22 ronmental Protection Agency, develop such
23 standard reference materials as the Director de-
24 termines is necessary to further the develop-
25 ment of such technical standards, taking into
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1 account any existing United States or inter-
2 national standards;
3 (F) coordinate with the National Oceanic
4 and Atmospheric Administration to ensure data
5 are managed, stewarded, and archived at all
6 levels and promote full and open exchange at
7 Federal and State levels, and with academia,
8 industry, and other users; and
9 (G) coordinate with international partners,
10 including international standards organizations,
11 to maintain global greenhouse gas measurement
12 technical standards.
13 (3) TEST BEDS.—In coordination with the pri-
14 vate sector, institutions of higher education, State
15 and local governments, the National Oceanic and At-
16 mospheric Administration, the Environmental Pro-
17 tection Agency, and other Federal agencies, as ap-
18 propriate, the Director may continue to develop and
19 manage testbeds to advance research and standards
20 development for greenhouse gas emissions measure-
21 ments from in-situ and space-based platforms.
22 (4) GREENHOUSE GAS MEASUREMENT CENTER
23 OF EXCELLENCE.—
24 (A) IN GENERAL.—The Director, in col-
25 laboration with the Administrator of the Na-
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1 tional Oceanic and Atmospheric Administration,
2 the Administrator of the Environmental Protec-
3 tion Agency, and the heads of other Federal
4 agencies, as appropriate, shall award to an in-
5 stitution of higher education or an eligible non-
6 profit organization (or a consortium thereof),
7 on a merit-reviewed, competitive basis, funds to
8 establish a Center of Excellence in Greenhouse
9 Gas Measurement.
10 (B) COLLABORATIONS.—The Director
11 shall require, as a condition of receipt of the
12 award under this paragraph, that the activities
13 of the Center of Excellence include collaboration
14 among public and private organizations, includ-
15 ing institutions of higher education, nonprofit
16 organizations, private sector entities, and State,
17 tribal, territorial, and local officials.
18 (C) PURPOSE.—The purpose of the Center
19 of Excellence shall be to—
20 (i) advance measurement science, data
21 analytics, and modeling at a range of
22 scales that covers direct measurement at
23 the component or process level through at-
24 mospheric observations to improve the ac-
25 curacy of greenhouse gas emissions meas-
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1 urement, validation, and attribution to spe-
2 cific underlying activities and processes;
3 (ii) test and evaluate the performance
4 of existing capabilities, and inform and im-
5 prove best practices, benchmarks, meth-
6 odologies, procedures, and technical stand-
7 ards, for the measurement and validation
8 of greenhouse gas emissions at scales
9 noted in clause (i);
10 (iii) educate and train students in
11 measurement science, computational
12 science, and systems engineering research
13 relevant to greenhouse gas emissions meas-
14 urements;
15 (iv) foster collaboration among aca-
16 demic researchers, private sector stake-
17 holders, and State, Tribal, territorial, and
18 local officials;
19 (v) support Institute test beds as de-
20 scribed in subsection (a)(3); and
21 (vi) collaborate with other Federal
22 agencies to conduct outreach and coordina-
23 tion to share technical expertise with rel-
24 evant public and private sector stake-
25 holders, including academia, State, Tribal,
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1 territorial, local officials, and international
2 partners to assist such entities in meas-
3 uring greenhouse gas emissions.
4 (D) REQUIREMENTS.—
5 (i) IN GENERAL.—An institution of
6 higher education or an eligible nonprofit
7 organization (or a consortium thereof)
8 seeking funding under this subsection shall
9 submit an application to the Director at
10 such time, in such manner, and containing
11 such information as the Director may re-
12 quire.
13 (ii) APPLICATIONS.—Each application
14 made under clause (i) shall include a de-
15 scription of—
16 (I) how the Center will work with
17 other research institutions, industry
18 partners, and State and local officials
19 to identify research, testing, and tech-
20 nical standards needs relevant to
21 greenhouse gas emissions;
22 (II) how the Center will promote
23 active collaboration among researchers
24 in multiple disciplines involved in the
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1 measurement of greenhouse gas emis-
2 sions; and
3 (III) how the Center will share
4 technical expertise with relevant pub-
5 lic and private sector stakeholders, in-
6 cluding state and local officials, to as-
7 sist such entities in measuring green-
8 house gas emissions.
9 (iii) SELECTION AND DURATION.—
10 Each Center established under this section
11 is authorized to carry out activities for a
12 period of 5 years, renewable for an addi-
13 tional 5 years at the discretion of the Di-
14 rector, in consultation with other Federal
15 agencies as appropriate.
16 SEC. 10223. NIST AUTHORITY FOR CYBERSECURITY AND
17 PRIVACY ACTIVITIES.
18 Section 2 of the National Institute of Standards and
19 Technology Act (15 U.S.C. 272 et seq.) is amended—
20 (1) in subsection (c)—
21 (A) in paragraph (16), by striking the pe-
22 riod at the end and inserting a semicolon;
23 (B) by redesignating paragraphs (16)
24 through (27) as paragraphs (21) through (32),
25 respectively; and
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1 (C) by inserting after paragraph (15) the
2 following:
3 ‘‘(16) support information security measures
4 for the development and lifecycle of software and the
5 software supply chain, including development of vol-
6 untary, consensus-based technical standards, best
7 practices, frameworks, methodologies, procedures,
8 processes, and software engineering toolkits and con-
9 figurations;
10 ‘‘(17) support information security measures,
11 including voluntary, consensus-based technical
12 standards, best practices, and guidelines, for the de-
13 sign, adoption and deployment of cloud computing
14 services;
15 ‘‘(18) support research, development, and prac-
16 tical application to improve the usability of cyberse-
17 curity processes and technologies;
18 ‘‘(19) facilitate and support the development of
19 a voluntary, consensus-based set of technical stand-
20 ards, guidelines, best practices, methodologies, pro-
21 cedures, and processes to cost-effectively ensure ap-
22 propriate privacy protections for personally identifi-
23 able information in systems, technologies, and proc-
24 esses used by both the public and private sector;
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1 ‘‘(20) support privacy measures, including vol-
2 untary, consensus-based technical standards, best
3 practices, guidelines, metrology, and testbeds for the
4 design, adoption and deployment of privacy enhanc-
5 ing technologies;’’; and
6 (2) in subsection (e)(1)(A)—
7 (A) in clause (viii), by striking ‘‘and’’ at
8 the end;
9 (B) by redesignating clause (ix) as clause
10 (xi); and
11 (C) by inserting after clause (viii) the fol-
12 lowing:
13 ‘‘(ix) conduct reviews of and create
14 impact metrics for cybersecurity solutions
15 and capabilities developed by the Institute
16 for purposes of improvement;’’.
17 SEC. 10224. SOFTWARE SECURITY AND AUTHENTICATION.
18 (a) VULNERABILITIES IN OPEN SOURCE SOFT-
19 WARE.—The Director shall assess and assign severity
20 metrics to identified vulnerabilities with open source soft-
21 ware and produce voluntary guidance to assist the entities
22 that maintain open source software repositories to discover
23 and mitigate vulnerabilities.
24 (b) ARTIFICIAL INTELLIGENCE-ENABLED DE-
25 FENSES.—The Director shall carry out research and test-
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1 ing to improve the effectiveness of artificial intelligence-
2 enabled cybersecurity, including by generating optimized
3 data sets to train artificial intelligence defense systems
4 and evaluating the performance of varying network archi-
5 tectures at strengthening network security.
6 (c) AUTHENTICATION OF INSTITUTE SOFTWARE.—
7 The Director shall ensure all software released by the In-
8 stitute is digitally signed and maintained to enable stake-
9 holders to verify its authenticity and integrity upon instal-
10 lation and execution.
11 (d) ASSISTANCE TO INSPECTORS GENERAL.—The
12 Director shall provide technical assistance to improve the
13 education and training of individual Federal agency In-
14 spectors General and staff who are responsible for the an-
15 nual independent evaluation they are required to perform
16 of the information security program and practices of Fed-
17 eral Agencies under section 3555 of title 44, United States
18 Code.
19 (e) SOFTWARE SUPPLY CHAIN SECURITY PRAC-
20 TICES.—
21 (1) IN GENERAL.—The Director shall, in co-
22 ordination with industry, academia, and other Fed-
23 eral agencies, as appropriate, develop a set of secu-
24 rity outcomes and practices, including security con-
25 trols, control enhancements, supplemental guidance,
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1 or other supporting information to enable software
2 developers and operators to identify, assess, and
3 manage cyber risks over the full lifecycle of software
4 products.
5 (2) OUTREACH.—The Director shall conduct
6 outreach and coordination activities to share tech-
7 nical expertise with Federal agencies, relevant indus-
8 try stakeholders, and standards development organi-
9 zations, as appropriate, to encourage the voluntary
10 adoption of the software lifecycle security practices
11 by Federal agencies and industry stakeholders.
12 SEC. 10225. DIGITAL IDENTITY MANAGEMENT RESEARCH.
13 Section 504 of the Cybersecurity Enhancement Act
14 of 2014 (15 U.S.C. 7464) is amended to read as follows:
15 ‘‘SEC. 504. IDENTITY MANAGEMENT RESEARCH AND DEVEL-
16 OPMENT.
17 ‘‘(a) IN GENERAL.—The Director shall carry out a
18 program of research to support the development of vol-
19 untary, consensus-based technical standards, best prac-
20 tices, benchmarks, methodologies, metrology, testbeds,
21 and conformance criteria for identity management, taking
22 into account appropriate user concerns—
23 ‘‘(1) to improve interoperability and portability
24 among identity management technologies;
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1 ‘‘(2) to strengthen identity proofing and
2 verification methods used in identity management
3 systems, including identity and attribute validation
4 services provided by Federal, State, and local gov-
5 ernments;
6 ‘‘(3) to improve privacy protection in identity
7 management systems through authentication and se-
8 curity protocols; and
9 ‘‘(4) to monitor and improve the accuracy,
10 usability, and inclusivity of identity management
11 systems.
12 ‘‘(b) DIGITAL IDENTITY TECHNICAL ROADMAP.—
13 The Director, in consultation with other relevant Federal
14 agencies and stakeholders from the private sector, shall
15 develop and maintain a technical roadmap for digital iden-
16 tity management research and development focused on en-
17 abling the voluntary use and adoption of modern digital
18 identity solutions that align with the four criteria in sub-
19 section (a).
20 ‘‘(c) DIGITAL IDENTITY MANAGEMENT GUIDANCE.—
21 ‘‘(1) IN GENERAL.—The Director shall develop,
22 and periodically update, in collaboration with other
23 public and private sector organizations, common
24 definitions and voluntary guidance for digital iden-
25 tity management systems, including identity and at-
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1 tribute validation services provided by Federal,
2 State, and local governments.
3 ‘‘(2) GUIDANCE.—The Guidance shall—
4 ‘‘(A) align with the four criteria in sub-
5 section (a), as practicable;
6 ‘‘(B) provide case studies of implementa-
7 tion of guidance;
8 ‘‘(C) incorporate voluntary technical stand-
9 ards and industry best practices; and
10 ‘‘(D) not prescribe or otherwise require the
11 use of specific technology products or services.
12 ‘‘(3) CONSULTATION.—In carrying out this sub-
13 section, the Director shall consult with—
14 ‘‘(A) Federal and State agencies;
15 ‘‘(B) industry;
16 ‘‘(C) potential end-users and individuals
17 that will use services related to digital identity
18 verification; and
19 ‘‘(D) experts with relevant experience in
20 the systems that enable digital identity
21 verification, as determined by the Director.’’.
22 SEC. 10226. BIOMETRICS RESEARCH AND TESTING.
23 (a) IN GENERAL.—The Secretary, acting through the
24 Director, shall establish a program to support measure-
25 ment research to inform the development of best practices,
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1 benchmarks, methodologies, procedures, and voluntary,
2 consensus-based technical standards for biometric identi-
3 fication systems, including facial recognition systems, to
4 assess and improve the performance of such systems. In
5 carrying out such program, the Director may—
6 (1) conduct research to support efforts to im-
7 prove the performance of biometric identification
8 systems, including in areas related to conformity as-
9 sessment, image quality and interoperability,
10 contactless biometric capture technologies, and
11 human-in-the-loop biometric identification systems
12 and processes;
13 (2) convene and engage with relevant stake-
14 holders to establish common definitions and charac-
15 terizations for biometric identification systems, in-
16 cluding accuracy, fairness, bias, privacy, consent,
17 and other properties, taking into account definitions
18 in relevant international technical standards and
19 other publications;
20 (3) carry out research and testing on a range
21 of biometric modalities, such as fingerprints, voice,
22 iris, face, vein, behavioral biometrics, genetics,
23 multimodal biometrics, and emerging applications of
24 biometric identification technology;
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1 (4) study the use of privacy-enhancing tech-
2 nologies and other technical protective controls to fa-
3 cilitate access to public data sets for biometric re-
4 search;
5 (5) conduct outreach and coordination to share
6 technical expertise with relevant industry and non-
7 industry stakeholders and standards development or-
8 ganizations to assist such entities in the development
9 of best practices and voluntary technical standards;
10 and
11 (6) develop such standard reference artifacts as
12 the Director determines is necessary to further the
13 development of such voluntary technical standards.
14 (b) BIOMETRICS VENDOR TEST PROGRAM.—
15 (1) IN GENERAL.—The Secretary, acting
16 through the Director, shall carry out a test program
17 to provide biometrics vendors the opportunity to test
18 biometric identification technologies across a range
19 of modalities.
20 (2) ACTIVITIES.—In carrying out the program
21 under this subsection, the Director shall—
22 (A) conduct research and regular testing to
23 improve and benchmark the accuracy, efficacy,
24 and bias of biometric identification systems, in-
25 cluding research and testing on demographic
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1 variations, capture devices, presentation attack
2 detection, partially occluded or computer gen-
3 erated images, privacy and security designs and
4 controls, template protection, de-identification,
5 and comparison of algorithm, human, and com-
6 bined algorithm-human recognition capability;
7 (B) develop an approach for testing soft-
8 ware and cloud-based biometrics applications,
9 including remote systems, in Institute test fa-
10 cilities;
11 (C) establish reference use cases for bio-
12 metric applications and performance criteria for
13 assessing each use case, including accuracy and
14 bias metrics;
15 (D) produce public-facing reports of the
16 findings from such testing for a general audi-
17 ence; and
18 (E) conduct such other activities as
19 deemed necessary by the Director.
20 (c) GAO REPORT TO CONGRESS.—Not later than
21 180 days after the date of enactment of this Act, the
22 Comptroller General of the United States shall submit a
23 detailed report to Congress on the impact of biometric
24 identification systems on historically marginalized commu-
25 nities, including low-income communities and minority re-
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1 ligious, racial, and ethnic groups. Such report should be
2 made publicly available on an internet website.
3 SEC. 10227. FEDERAL BIOMETRIC PERFORMANCE STAND-
4 ARDS.
5 Section 20 of the National Institute of Standards and
6 Technology Act (15 U.S.C. 278g–3) is amended in sub-
7 section (b)—
8 (1) in paragraph (2), by striking ‘‘and’’ after
9 the semicolon;
10 (2) in paragraph (3), by striking the period and
11 inserting ‘‘; and’’; and
12 (3) by adding at the end the following:
13 ‘‘(4) performance standards and guidelines for
14 high risk biometric identification systems, including
15 facial recognition systems, accounting for various
16 use cases, types of biometric identification systems,
17 and relevant operational conditions.’’.
18 SEC. 10228. PROTECTING RESEARCH FROM CYBER THEFT.
19 Section 2(e)(1)(A) of the National Institute of Stand-
20 ards and Technology Act (15 U.S.C. 272(e)(1)(A)), as
21 amended by section 10223(2), is further amended by in-
22 serting after clause (ix), as added by section 10223(2)(C),
23 the following:
24 ‘‘(x) consider institutions of higher
25 education (as defined in section 101 of the
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1 Higher Education Act of 1965 (20 U.S.C.
2 1001)); and’’.
3 SEC. 10229. DISSEMINATION OF RESOURCES FOR RE-
4 SEARCH INSTITUTIONS.
5 (a) DISSEMINATION OF RESOURCES FOR RESEARCH
6 INSTITUTIONS.—
7 (1) IN GENERAL.—Not later than one year
8 after the date of the enactment of this Act, the Di-
9 rector shall, using the authorities of the Director
10 under subsections (c)(15) and (e)(1)(A)(ix) of sec-
11 tion 2 of the National Institute of Standards and
12 Technology Act (15 U.S.C. 272), as amended by sec-
13 tion 10228, disseminate and make publicly available
14 resources to help qualifying institutions identify, as-
15 sess, manage, and reduce their cybersecurity risk re-
16 lated to conducting research.
17 (2) REQUIREMENTS.—The Director shall en-
18 sure that the resources disseminated pursuant to
19 paragraph (1)—
20 (A) are generally applicable and usable by
21 a wide range of qualifying institutions;
22 (B) vary with the nature and size of the
23 qualifying institutions, and the nature and sen-
24 sitivity of the data collected or stored on the in-
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1 formation systems or devices of the qualifying
2 institutions;
3 (C) include elements that promote aware-
4 ness of simple, basic controls, a workplace cy-
5 bersecurity culture, and third-party stakeholder
6 relationships, to assist qualifying institutions in
7 mitigating common cybersecurity risks;
8 (D) include case studies, examples, and
9 scenarios of practical application;
10 (E) are technology-neutral and can be im-
11 plemented using technologies that are commer-
12 cial and off-the-shelf; and
13 (F) to the extent practicable, are based on
14 international technical standards.
15 (3) NATIONAL CYBERSECURITY AWARENESS
16 AND EDUCATION PROGRAM.—The Director shall en-
17 sure that the resources disseminated under para-
18 graph (1) are consistent with the efforts of the Di-
19 rector under section 303 of the Cybersecurity En-
20 hancement Act of 2014 (15 U.S.C. 7451).
21 (4) UPDATES.—The Director shall review peri-
22 odically and update the resources under paragraph
23 (1) as the Director determines appropriate.
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1 (5) VOLUNTARY RESOURCES.—The use of the
2 resources disseminated under paragraph (1) shall be
3 considered voluntary.
4 (b) OTHER FEDERAL CYBERSECURITY REQUIRE-
5 MENTS.—Nothing in this section may be construed to su-
6 persede, alter, or otherwise affect any cybersecurity re-
7 quirements applicable to Federal agencies.
8 (c) DEFINITIONS.—In this section:
9 (1) QUALIFYING INSTITUTIONS.—The term
10 ‘‘qualifying institutions’’ means institutions of high-
11 er education that are classified as either very-high
12 research intensive (R1) or high research intensive
13 (R2) status universities by the Carnegie Classifica-
14 tion of Academic Institutions.
15 (2) RESOURCES.—The term ‘‘resources’’ means
16 guidelines, tools, best practices, technical standards,
17 methodologies, and other ways of providing informa-
18 tion.
19 SEC. 10230. ADVANCED COMMUNICATIONS RESEARCH.
20 The National Institute of Standards and Technology
21 Act (15 U.S.C. 271 et seq.) is amended—
22 (1) by redesignating section 35 as section 36;
23 and
24 (2) by inserting after section 34 the following:
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1 ‘‘SEC. 35. ADVANCED COMMUNICATIONS RESEARCH ACTIVI-
2 TIES.
3 ‘‘(a) ADVANCED COMMUNICATIONS RESEARCH.—
4 ‘‘(1) IN GENERAL.—The Director, in consulta-
5 tion with the Administrator of the National Tele-
6 communications and Information Administration,
7 the Director of the National Science Foundation,
8 and heads of other Federal agencies, as appropriate,
9 shall carry out a program of measurement research
10 for advanced communications technologies.
11 ‘‘(2) RESEARCH AREAS.—Research areas may
12 include—
13 ‘‘(A) radio frequency emissions and inter-
14 ference, including technologies and techniques
15 to mitigate such emissions;
16 ‘‘(B) advanced antenna arrays and artifi-
17 cial intelligence systems capable of operating
18 advanced antenna arrays;
19 ‘‘(C) artificial intelligence systems to en-
20 able internet of things networks, immersive
21 technology, and other advanced communications
22 technologies;
23 ‘‘(D) network sensing and monitoring tech-
24 nologies;
25 ‘‘(E) technologies to enable spectrum flexi-
26 bility and agility;
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1 ‘‘(F) optical and quantum communications
2 technologies;
3 ‘‘(G) security of advanced communications
4 systems;
5 ‘‘(H) public safety communications;
6 ‘‘(I) resilient internet of things applications
7 for advanced manufacturing; and
8 ‘‘(J) other research areas deemed nec-
9 essary by the Director.
10 ‘‘(3) TEST BEDS.—In coordination with the As-
11 sistant Secretary for Communications and Informa-
12 tion, the private sector, and other Federal agencies
13 as appropriate, the Director may develop and man-
14 age testbeds for research and development of ad-
15 vanced communications technologies, avoiding dupli-
16 cation of existing testbeds run by other agencies or
17 the private sector.
18 ‘‘(4) OUTREACH.—In carrying out the activities
19 under this subsection, the Director shall seek input
20 from other Federal agencies and from private sector
21 stakeholders, on an ongoing basis, to help inform re-
22 search and development priorities, including through
23 workshops and other multi-stakeholder activities.
24 ‘‘(5) TECHNICAL ROADMAPS.—In carrying out
25 the activities under this subsection, the Director
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1 shall convene industry, institutions of higher edu-
2 cation, nonprofit organizations, Federal laboratories,
3 and other Federal agencies engaged in advanced
4 communications research and development to de-
5 velop, and periodically update, coordinated technical
6 roadmaps for advanced communications research in
7 priority areas, such as those described in paragraph
8 (2).
9 ‘‘(b) NATIONAL ADVANCED SPECTRUM AND COMMU-
10 NICATIONS TEST NETWORK.—
11 ‘‘(1) IN GENERAL.—The Director, in coordina-
12 tion with the Administrator of the National Tele-
13 communications and Information Administration
14 and heads of other Federal agencies, as appropriate,
15 shall operate a national network of government, aca-
16 demic, and commercial test capabilities and facilities
17 to be known as the National Advanced Spectrum
18 and Communications Test Network (referred to in
19 this section as ‘NASCTN’).
20 ‘‘(2) PURPOSES.—NASCTN shall be for the
21 purposes of facilitating and coordinating the use of
22 intellectual capacity, modeling and simulation, lab-
23 oratory facilities, and test facilities to meet national
24 spectrum interests and challenges, including—
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1 ‘‘(A) measurements and analyses of elec-
2 tromagnetic propagation, radio systems charac-
3 teristics, and operating techniques affecting the
4 utilization of the electromagnetic spectrum in
5 coordination with specialized, related research
6 and analysis performed by other Federal agen-
7 cies in their areas of responsibility;
8 ‘‘(B) conducting research and analysis in
9 the general field of telecommunications sciences
10 in support of the Institute’s mission and in sup-
11 port of other Government agencies;
12 ‘‘(C) developing methodologies for testing,
13 measuring, and setting guidelines for inter-
14 ference;
15 ‘‘(D) conducting interference tests to bet-
16 ter understand the impact of Federal and com-
17 mercial spectrum activities;
18 ‘‘(E) conducting research and testing to
19 improve spectrum interference tolerance, flexi-
20 bility, agility, and interference mitigation meth-
21 ods; and
22 ‘‘(F) other activities as deemed necessary
23 by the Director.’’.
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1 SEC. 10231. NEUTRON SCATTERING.
2 (a) STRATEGIC PLAN FOR THE INSTITUTE NEUTRON
3 REACTOR.—The Director shall develop a strategic plan for
4 the future of the NIST Center for Neutron Research after
5 the current neutron reactor is decommissioned, includ-
6 ing—
7 (1) a succession plan for the reactor, including
8 a roadmap with timeline and milestones;
9 (2) conceptual design of a new reactor and ac-
10 companying facilities, as appropriate; and
11 (3) a plan to minimize disruptions to the user
12 community during the transition.
13 (b) COORDINATION WITH THE DEPARTMENT OF EN-
14 ERGY.—The Secretary, acting through the Director, shall
15 coordinate with the Secretary of Energy on issues related
16 to Federal support for neutron science, including esti-
17 mation of long-term needs for research using neutron
18 sources, and planning efforts for future facilities to meet
19 such needs.
20 (c) REPORT TO CONGRESS.—Not later than 18
21 months after the enactment of this Act, the Director shall
22 submit to Congress the plan required under subsection
23 (a), and shall notify Congress of any substantial updates
24 to such plan in subsequent years.
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1 SEC. 10232. QUANTUM INFORMATION SCIENCE.
2 (a) IN GENERAL.—The Director shall continue to
3 prioritize and carry out activities authorized in the Na-
4 tional Quantum Initiative Act (15 U.S.C. 8801).
5 (b) QUANTUM RESEARCH.—Section 201(a) of the
6 National Quantum Initiative Act (15 U.S.C. 8831) is
7 amended—
8 (1) by redesignating paragraphs (3) through
9 (4) as paragraphs (6) through (7); and
10 (2) by inserting after paragraph (2) the fol-
11 lowing:
12 ‘‘(3) shall carry out research to facilitate the
13 development and standardization of quantum cryp-
14 tography and post-quantum classical cryptography;
15 ‘‘(4) shall carry out research to facilitate the
16 development and standardization of quantum net-
17 working and communications technologies and appli-
18 cations, including—
19 ‘‘(A) quantum repeater technology;
20 ‘‘(B) quantum network traffic manage-
21 ment;
22 ‘‘(C) quantum transduction;
23 ‘‘(D) long baseline entanglement and
24 teleportation; and
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1 ‘‘(E) such other technologies, processes, or
2 applications as the Director considers appro-
3 priate;
4 ‘‘(5) for quantum technologies deemed by the
5 Director to be at a readiness level sufficient for
6 standardization, shall provide technical review and
7 assistance to such other Federal agencies as the Di-
8 rector considers appropriate for the development of
9 quantum network infrastructure standards;’’.
10 SEC. 10233. ARTIFICIAL INTELLIGENCE.
11 (a) IN GENERAL.—The Director shall continue to
12 support the development of artificial intelligence and data
13 science, and carry out the activities of the National Artifi-
14 cial Intelligence Initiative Act of 2020 authorized in divi-
15 sion E of the National Defense Authorization Act for Fis-
16 cal Year 2021 (Public Law 116–283), including
17 through—
18 (1) expanding the Institute’s capabilities, in-
19 cluding scientific staff and research infrastructure;
20 (2) supporting measurement research and de-
21 velopment for advanced computer chips and hard-
22 ware designed for artificial intelligence systems;
23 (3) supporting the development of technical
24 standards and guidelines that promote safe and
25 trustworthy artificial intelligence systems;
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1 (4) creating a framework for managing risks
2 associated with artificial intelligence systems;
3 (5) developing and publishing cybersecurity
4 tools, encryption methods, and best practices for ar-
5 tificial intelligence and data science; and
6 (6) creating an office to study bias in the use
7 of artificial intelligence systems and publish guid-
8 ance to reduce disparate impacts on historically
9 marginalized communities.
10 (b) TESTBEDS.—In coordination with other Federal
11 agencies as appropriate, the private sector, and institu-
12 tions of higher education, the Director may establish
13 testbeds to examine artificial intelligence and machine
14 learning systems in virtual environments for
15 vulnerabilities that may lead to failure, malfunction, or at-
16 tacks under a wide range of conditions.
17 SEC. 10234. SUSTAINABLE CHEMISTRY RESEARCH AND
18 EDUCATION.
19 In accordance with section 263 of the National De-
20 fense Authorization Act for Fiscal Year 2021, the Director
21 shall carry out activities in support of sustainable chem-
22 istry, including coordinating and partnering with aca-
23 demia, industry, non-profits, and other entities in activi-
24 ties to support clean, safe, and economic alternatives,
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1 technologies, and methodologies to traditional chemical
2 products and processes.
3 SEC. 10235. PREMISE PLUMBING RESEARCH.
4 (a) IN GENERAL.—The Secretary, acting through the
5 Director, shall create a program, in consultation with the
6 Environmental Protection Agency, for premise plumbing
7 research, including to—
8 (1) conduct metrology research on premise
9 plumbing in relation to water safety, security, effi-
10 ciency, sustainability, and resilience; and
11 (2) coordinate research activities with aca-
12 demia, the private sector, nonprofits, and other Fed-
13 eral agencies.
14 (b) DEFINITIONS.—For purposes of this section, the
15 term ‘‘premise plumbing’’ means the water distribution
16 system located within the property lines of a property, in-
17 cluding all buildings and permanent structures on such
18 property. Such term includes building supply and distribu-
19 tion pipes, fixtures, fittings, water heaters, water-treating
20 and water-using equipment, and all respective joints, con-
21 nections, devices, and appurtenances.
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1 Subtitle C—General Activities
2 SEC. 10241. EDUCATIONAL OUTREACH AND SUPPORT FOR
3 UNDERREPRESENTED COMMUNITIES.
4 Section 18 of the National Institute of Standards and
5 Technology Act (15 U.S.C. 278g–1) is amended—
6 (1) in subsection (a), in the second sentence—
7 (A) by striking ‘‘may’’ and inserting
8 ‘‘shall’’; and
9 (B) by striking ‘‘academia’’ and inserting
10 ‘‘diverse types of institutions of higher edu-
11 cation, including minority-serving institutions
12 and community colleges’’; and
13 (2) in subsection (e)—
14 (A) in paragraph (4), by striking ‘‘and’’ at
15 the end;
16 (B) in paragraph (5), by striking the pe-
17 riod at the end and inserting ‘‘; and’’; and
18 (C) by inserting after paragraph (5) the
19 following:
20 ‘‘(6) conduct outreach to and develop research
21 collaborations with historically Black colleges and
22 universities and minority-serving institutions, includ-
23 ing through the recruitment of students and faculty
24 at such institutions to participate in programs devel-
25 oped under paragraph (3);
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1 ‘‘(7) conduct outreach to and develop research
2 collaborations with community colleges, including
3 through the recruitment of students and faculty at
4 such institutions to participate in programs devel-
5 oped under paragraph (3);
6 ‘‘(8) carry out other activities to increase the
7 participation of persons historically underrep-
8 resented in STEM in the Institute’s programs; and
9 ‘‘(9) conduct outreach to and develop collabora-
10 tions with nontraditional educational organizations,
11 including those that offer training through non-prof-
12 it associations and professional associations or pro-
13 fessional societies, to engage persons historically
14 underrepresented in STEM through programs devel-
15 oped under this subsection.’’.
16 SEC. 10242. OTHER TRANSACTIONS AUTHORITY.
17 Section 2(b)(4) of the National Institute of Stand-
18 ards and Technology Act (15 U.S.C. 272(b)(4)) is amend-
19 ed to read as follows:
20 ‘‘(4) to enter into and perform such contracts,
21 including cooperative research and development ar-
22 rangements and grants and cooperative agreements
23 or other transactions, as may be necessary in the
24 conduct of its work and on such terms as it may
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1 deem appropriate, in furtherance of the purposes of
2 this Act;’’.
3 SEC. 10243. REPORT TO CONGRESS ON COLLABORATIONS
4 WITH GOVERNMENT AGENCIES.
5 Not later than 6 months after the date of the enact-
6 ment of this Act, the Director shall submit a report to
7 the Committee on Science, Space, and Technology and the
8 Committee on Appropriations of the House of Representa-
9 tives and the Committee on Commerce, Science, and
10 Transportation and the Committee on Appropriations of
11 the Senate describing the Institute’s challenges with re-
12 spect to collaboration between the Institute and other Fed-
13 eral agencies. The report shall include, at a minimum—
14 (1) an assessment of the challenges that arise
15 with interagency collaboration, including transfer of
16 funds with a limited period of availability to the In-
17 stitute and issues with sharing personnel, associates,
18 facilities, and property with collaborating agencies;
19 and
20 (2) descriptions of projects that were disrupted
21 due to the challenges outlined in paragraph (1).
22 SEC. 10244. HIRING CRITICAL TECHNICAL EXPERTS.
23 Section 6 of the National Institute of Standards and
24 Technology Act is amended to read as follows:
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1 ‘‘SEC. 6. HIRING CRITICAL TECHNICAL EXPERTS.
2 ‘‘(a) IN GENERAL.—The officers and employees of
3 the Institute, except the director, shall be appointed by
4 the Secretary at such time as their respective services may
5 become necessary.
6 ‘‘(b) HIRING CRITICAL TECHNICAL EXPERTS.—Not-
7 withstanding section 3104 of title 5 or the provisions of
8 any other law relating to the appointment, number, classi-
9 fication, or compensation of employees, the Secretary shall
10 have the authority to make appointments of scientific, en-
11 gineering, and professional personnel, and to fix the basic
12 pay of such personnel at a rate to be determined by the
13 Secretary at rates not in excess of the highest total annual
14 compensation payable at the rate determined under sec-
15 tion 104 of title 3. The Director shall appoint not more
16 than 15 personnel under this section.
17 ‘‘(c) SUNSET.—The authority under section (b) shall
18 expire on the date that is 5 years after the date of enact-
19 ment of this section.’’.
20 SEC. 10245. INTERNATIONAL STANDARDS DEVELOPMENT.
21 (a) INTERNATIONAL STANDARDS ENGAGEMENT.—
22 (1) IN GENERAL.—The Director shall lead in-
23 formation exchange and coordination among Federal
24 agencies and communication from Federal agencies
25 to the private sector of the United States to ensure
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1 effective Federal engagement in the development
2 and use of international technical standards.
3 (2) REQUIREMENTS.—To support private sec-
4 tor-led engagement and ensure effective Federal en-
5 gagement in the development and use of inter-
6 national technical standards, the Director shall con-
7 sider—
8 (A) the role and needs of the Federal Gov-
9 ernment with respect to international technical
10 standards;
11 (B) organizations developing international
12 technical standards of interest to the United
13 States, United States representation and influ-
14 ence in these organizations, and key contribu-
15 tors for technical and leadership expertise in
16 these organizations;
17 (C) support for persons with domain sub-
18 ject matter expertise, especially from small
19 businesses located in the United States, to in-
20 fluence and engage in technical standards lead-
21 ership positions, working groups and meetings;
22 (D) opportunities for partnerships for sup-
23 porting international technical standards from
24 across the Federal Government, Federally fund-
25 ed research and development centers, univer-
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1 sity-affiliated research centers, institutions of
2 higher education, industry, industry associa-
3 tions, nonprofit organizations, and other key
4 contributors;
5 (E) support for activities to encourage the
6 adoption of technical standards developed in the
7 United States to be adopted by international
8 standards organizations; and
9 (F) other activities determined by the Di-
10 rector to be necessary to support United States
11 participation in international standards develop-
12 ment, economic competitiveness, and national
13 security in the development and use of inter-
14 national technical standards.
15 (b) CAPACITY BUILDING GUIDANCE.—The Director
16 shall support education and workforce development efforts
17 to promote United States participation in international
18 standards organizations. The Director shall—
19 (1) identify and create, as appropriate, tech-
20 nical standards education and training resources for
21 interested businesses, industry associations, aca-
22 demia, nonprofits, Federal agencies, and other rel-
23 evant standards contributors, including activities
24 targeted at integrating standards content into un-
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1 dergraduate and graduate curricula in science, engi-
2 neering, business, public policy, and law;
3 (2) conduct outreach, including to private sec-
4 tor leaders, to support engagement by more United
5 States stakeholders in international technical stand-
6 ards development; and
7 (3) other activities deemed necessary by the Di-
8 rector to support increased engagement, influence,
9 and leadership of United States organizations in the
10 development of international technical standards.
11 (c) CAPACITY BUILDING PILOT PROGRAM.—
12 (1) IN GENERAL.—The Director, in coordina-
13 tion with the Director of the National Science Foun-
14 dation, the Administrator of the Small Business Ad-
15 ministration and the heads of other relevant Federal
16 agencies, as appropriate, shall establish a 5-year
17 pilot program to award grants, on a merit-reviewed,
18 competitive basis, to private sector entities, institu-
19 tions of higher education, or nonprofit institutions
20 based in the United States to support increased par-
21 ticipation by small business and academic interests
22 in international standards organizations.
23 (2) ACTIVITIES.—In carrying out the pilot pro-
24 grams established in subsection (c), the Director
25 shall award competitive, merit-reviewed grants to
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1 covered entities to cover the reasonable costs, up to
2 a specified ceiling set by the Director, of activities
3 supporting increased engagement and leadership of
4 employees of small businesses and faculty of institu-
5 tions of higher education or other nonprofit research
6 institutions with subject matter and technical exper-
7 tise necessary to be conributers in international
8 standards organizations.
9 (3) AWARD CRITERIA.—The Director may only
10 provide a grant under this section to an eligible re-
11 cipient that—
12 (A) demonstrates deep technical standards
13 expertise;
14 (B) demonstrates knowledge with the proc-
15 esses of the standards development organization
16 in which the recipient intends to engage using
17 grant funds;
18 (C) proposes a feasible set of standard
19 deliverables to be completed over the period of
20 the grant;
21 (D) explains how the recipient will fund
22 the standards work supported by the grant if
23 the grant funds are insufficient to cover all
24 costs of the work; and
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1 (E) commits personnel with appropriate
2 expertise to engage in relevant international or-
3 ganizations responsible for developing technical
4 standards over the period of the grant.
5 (4) ELIGIBILITY.—A small business concern (as
6 defined in section 3 of the Small Business Act (15
7 U.S.C. 632) based in the United States, an institu-
8 tion of higher education (as defined by section 102
9 of the Higher Education Act of 1965 (20 U.S. C.
10 1002)), or a nonprofit institution as defined in sec-
11 tion 4(5) of the Stevenson-Wydler Act (15 U.S.C.
12 3703) shall be eligible to receive grants under this
13 program.
14 (5) PRIORITIZATION.—The Director may
15 prioritize grants awarded under this section to eligi-
16 ble recipients for standards development proposals
17 that address clearly defined current or anticipated
18 market needs or gaps that would not be met without
19 the grant.
20 (6) APPLICATION.—An eligible recipient seeking
21 funding under subsection (c) shall submit an appli-
22 cation to the Director at such time, in such manner,
23 and containing such information as the Director
24 may require.
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1 (7) MERIT REVIEW PROCESS.—Not later than
2 90 days after the enactment of this Act, the Direc-
3 tor shall establish a merit review process, including
4 the creation of merit review panels made of experts
5 from government and the private sector, to evaluate
6 the application under paragraph (6) to ensure appli-
7 cations submitted are reviewed in a fair, competitive,
8 transparent, and in-depth manner.
9 (8) CONSULTATION.—In carrying out the pilot
10 program established under subsection (c), the Direc-
11 tor shall consult with other Federal agencies, private
12 sector organizations, institutions of higher edu-
13 cation, and nonprofit organizations to help inform
14 the pilot program, including selection criteria, appli-
15 cant disclosure requirements, grant amount and du-
16 ration, and the merit review process.
17 (9) REPORT TO CONGRESS.—The Director shall
18 brief Congress after the second year of the pilot pro-
19 gram and each year following that includes the fol-
20 lowing:
21 (A) An assessment of the effectiveness of
22 the pilot program for improving the participa-
23 tion of United States small businesses, United
24 States institutions of higher education, or other
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1 nonprofit research institutions in international
2 standards organizations, including—
3 (i) the type of activities supported, in-
4 cluding leadership roles;
5 (ii) the international standards orga-
6 nizations participated in; and
7 (iii) the technical areas covered by the
8 activities.
9 (B) If deemed effective, a plan for perma-
10 nent implementation of the pilot program.
11 (d) REAFFIRMING THE IMPORTANCE OF VOLUNTARY
12 CONSENSUS-BASED INTERNATIONAL STANDARDS BOD-
13 IES.—To the extent applicable, the Institute, when pre-
14 paring standards, participating in voluntary consensus
15 standard bodies, and engaging in a standards development
16 process that is open to participation from Chinese firms
17 and state-owned enterprises of the People’s Republic of
18 China, the process should include the following attributes
19 that are easily accessible, clear, and unambiguous:
20 (1) Transparency.
21 (2) Openness.
22 (3) Impartiality and Consensus.
23 (4) Effectiveness and Relevance.
24 (5) Coherence.
25 (6) Development Dimension.
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1 SEC. 10246. STANDARD TECHNICAL UPDATE.
2 (a) NATIONAL INSTITUTE OF STANDARDS AND
3 TECHNOLOGY ACT UPDATES.—The National Institute of
4 Standards and Technology Act (15 U.S.C. 271) is amend-
5 ed—
6 (1) in section 15—
7 (A) in subsection (b), by striking the pe-
8 riod at the end and inserting a semicolon;
9 (B) in subsection (g), by striking ‘‘and’’
10 after the semicolon; and
11 (C) by striking the period at the end and
12 inserting ‘‘; and (i) the protection of Institute
13 buildings and other plant facilities, equipment,
14 and property, and of employees, associates, or
15 visitors, located therein or associated therewith,
16 notwithstanding any other provision of law, the
17 direction of such of the officers and employees
18 of the Institute as the Secretary deems nec-
19 essary in the public interest hereafter to carry
20 firearms while in the conduct of their official
21 duties, and the authorization of employees of
22 contractors and subcontractors of the Institute
23 who are engaged in the protection of property
24 owned by the United States, and located at fa-
25 cilities owned by, leased, used or under the con-
26 trol of the United States, to carry firearms
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1 while in the conduct of their official duties, and,
2 under regulations prescribed by the Secretary
3 and approved by the Attorney General, the au-
4 thorization of officers and employees of the In-
5 stitute and of its contractors and subcontrac-
6 tors authorized to carry firearms hereafter to
7 arrest without warrant for any offense against
8 the United States committed in their presence,
9 or for any felony cognizable under the laws of
10 the United States if they have reasonable
11 grounds to believe that the person to be ar-
12 rested has committed or is committing such fel-
13 ony, provided that such authority to make ar-
14 rests may be exercised only while guarding and
15 protecting buildings and other plant facilities,
16 equipment, and property owned or leased by,
17 used or under the control of, the United States
18 under the administration and control of the
19 Secretary.’’; and
20 (2) by amending section 17(a) to read as fol-
21 lows:
22 ‘‘(a) The Secretary is authorized, notwithstanding
23 any other provision of law, to expend such sums, within
24 the limit of appropriated funds, as the Secretary may
25 deem desirable through direct support for activities of
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1 international organizations and foreign national metrology
2 institutes with which the Institute cooperates to advance
3 measurement methods, technical standards, and related
4 basic technologies, for official representation, to host offi-
5 cial receptions, dinners, and similar events, and to other-
6 wise extend official courtesies, including transportation of
7 foreign dignitaries and representatives of foreign national
8 metrology institutes to and from the Institute, for the pur-
9 pose of maintaining the standing and prestige of the De-
10 partment of Commerce and the Institute, through the
11 grant of fellowships or other appropriate form of financial
12 or logistical assistance or support to foreign nationals not
13 in service to the Government of the United States while
14 they are performing scientific or engineering work at the
15 Institute or participating in the exchange of scientific or
16 technical information at the Institute.’’.
17 (b) STEVENSON-WYDLER UPDATES.—Section
18 17(c)(1) of the Stevenson-Wydler Technology Innovation
19 Act of 1980 (15 U.S.C. 3711a(c)(1)) is amended—
20 (1) by moving each of subparagraphs (D) and
21 (E) two ems to the left; and
22 (2) by adding at the end the following:
23 ‘‘(G) Community.’’.
24 (c) AMERICAN INNOVATION AND COMPETITIVENESS
25 ACT UPDATE.—Section 113 of the American Innovation
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1 and Competitiveness Act (15 U.S.C. 278e note) is re-
2 pealed.
3 (d) CLERICAL AMENDMENT.—The item relating to
4 section 113 in the table of contents in section 1(b) of the
5 American Innovation and Competitiveness Act is repealed.
6 (e) FEDERAL ENERGY MANAGEMENT IMPROVEMENT
7 ACT UPDATE.—Section 4 of the Federal Energy Manage-
8 ment Improvement Act of 1988 (15 U.S.C. 5001) is
9 amended—
10 (1) by striking ‘‘Secretary of Commerce’’ and
11 ‘‘Secretary’’ each place either such term appears and
12 inserting ‘‘Consumer Product Safety Commission’’;
13 (2) by redesignating the second subsection (c)
14 as subsection (e); and
15 (3) in subsection (g), by redesignating clauses
16 (i) and (ii) as paragraphs (1) and (2), respectively.
17 SEC. 10247. GAO STUDY OF NIST RESEARCH SECURITY
18 POLICIES AND PROTOCOLS.
19 (a) EVALUATION.—Not later than 1 year after the
20 date of enactment of this Act, the Comptroller General
21 of the United States shall conduct a study of the Insti-
22 tute’s policies and protocols to protect its research and
23 combat undue foreign influence.
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1 (b) MATTERS TO BE INCLUDED.—The study con-
2 ducted under subsection (a) shall include, to the extent
3 practicable, the following:
4 (1) An analysis of steps taken by the Institute
5 to address foreign threats to Institute-funded re-
6 search over the previous 5 years.
7 (2) An analysis of the coordination and engage-
8 ment between the Department of Commerce’s Office
9 of Inspector General, the Department of Commerce’s
10 Office of Intelligence, the National Counterintel-
11 ligence and Security Center of the Office of the Di-
12 rector of National Intelligence, and the Institute in
13 identifying and addressing concerning findings.
14 (3) An assessment of the Institute’s review
15 process for Foreign National associates.
16 (4) An assessment of the Institute’s policies as
17 it relates to employees and associates participating
18 in foreign talent recruitment programs.
19 (5) An assessment of the Institute’s implemen-
20 tation of conflict-of-interest and disclosure policies
21 and requirements, including the disclosure require-
22 ments authorized in section 223 of the National De-
23 fense Authorization Act for Fiscal Year 2021 (Pub-
24 lic Law 116–283).
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1 (6) An assessment of the Institute’s, the De-
2 partment of Commerce’s Office of Security, the De-
3 partment of Commerce’s Office of Intelligence, and
4 the Department of Commerce’s Office of Inspector
5 General’s ability to monitor and enforce conflict-of-
6 interest and disclosure policies and requirements, in-
7 cluding the disclosure requirements authorized in
8 section 223 of the National Defense Authorization
9 Act for Fiscal Year 2021 (Public Law 116–283).
10 (7) An assessment of the Institute’s, the De-
11 partment of Commerce’s, and the Department of
12 Commerce’s Office of Inspector General’s ability to
13 conduct risk assessments of research and develop-
14 ment award applications and disclosures to the Insti-
15 tute.
16 (8) An assessment of the Institute’s research
17 security training programs for both internal and ex-
18 ternally-supported researchers and associates, in-
19 cluding training focused on international collabora-
20 tion, and international travel, foreign interference,
21 and rules for proper use of funds, disclosure, conflict
22 of commitment, and conflict of interest.
23 (9) An analysis and summary of incidents of
24 undue foreign influence at Institute-supported re-
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1 search facilities and programs over the past 10
2 years.
3 (10) Recommendations for the Institute to bol-
4 ster its research security policies and protocols.
5 (11) Other matters the Comptroller General de-
6 termines appropriate.
7 (c) CONGRESSIONAL BRIEFING.—Not later than 180
8 days after the date of enactment of this Act, the Comp-
9 troller General shall brief the Committee on Science,
10 Space, and Technology and the Permanent Select Com-
11 mittee on Intelligence of the House of Representatives and
12 the Committee of Commerce, Science, and Transportation
13 and the Select Committee on Intelligence of the Senate
14 on the findings available from the evaluation conducted
15 under subsection (a).
16 (d) REPORT.—Not later than 18 months after the
17 date of enactment of this Act, the Comptroller General
18 shall submit to the congressional committees specified in
19 subsection (c) a report on the findings and recommenda-
20 tions of the evaluation conducted under subsection (a).
21 SEC. 10248. STANDARDS DEVELOPMENT ORGANIZATION
22 GRANTS.
23 (a) NONGOVERNMENTAL STANDARDS DEVELOPMENT
24 ORGANIZATION DEFINED.—In this section, the term
25 ‘‘nongovernmental standards development organization’’
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1 means a nongovernmental standards development organi-
2 zation (as defined in section 2(e) of the Office of Manage-
3 ment and Budget Circular A–119 (relating to Federal par-
4 ticipation in the development and use of voluntary con-
5 sensus standards in conformity assessment activities), or
6 any successor document) that adheres to the American
7 National Standards Institute (ANSI) Essential Require-
8 ments for Due Process for American National Standards.
9 (b) GRANT AUTHORITY.—The Secretary of Com-
10 merce, acting through the Director, shall establish a com-
11 petitive program of grants for nongovernmental standards
12 development organizations for the purposes described in
13 subsection (c).
14 (c) PURPOSES.—A grant awarded under subsection
15 (b) shall be used to develop, approve, disseminate, main-
16 tain, and review forensic science voluntary consensus
17 standards and best practices that shall be available to the
18 public free of charge.
19 (d) ADDITIONAL REQUIREMENTS.—The Director
20 may promulgate such requirements, guidelines, and proce-
21 dures as may be necessary to carry out this section.
22 (e) AUTHORIZATION OF APPROPRIATIONS.—There
23 are authorized to be appropriated to carry out this section
24 $2,000,000 for each of fiscal years 2022 through 2026.
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1 Subtitle D—Hollings Manufac-
2 turing Extension Partnership
3 SEC. 10251. ESTABLISHMENT OF EXPANSION AWARDS
4 PILOT PROGRAM AS A PART OF THE HOL-
5 LINGS MANUFACTURING EXTENSION PART-
6 NERSHIP.
7 The National Institute of Standards and Technology
8 Act (15 U.S.C. 271 et seq.) is amended by inserting after
9 section 25A (15 U.S.C. 278k–1) the following:
10 ‘‘SEC. 25B. EXPANSION AWARDS PILOT PROGRAM.
11 ‘‘(a) DEFINITIONS.—The terms used in this section
12 have the meanings given the terms in section 25.
13 ‘‘(b) ESTABLISHMENT.—The Director shall establish
14 as a part of the Hollings Manufacturing Extension Part-
15 nership a pilot program of expansion awards among par-
16 ticipants described in subsection (c) of this section for the
17 purposes described in subsection (e) of this section.
18 ‘‘(c) PARTICIPANTS.—Participants receiving awards
19 under this section shall be Centers, or a consortium of
20 Centers.
21 ‘‘(d) AWARD AMOUNTS.—Subject to the availability
22 of appropriations, an award for a recipient under this sec-
23 tion shall be in an amount equal to the sum of the fol-
24 lowing:
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1 ‘‘(1) Such amount as the Director considers ap-
2 propriate as a minimum base funding level for each
3 award under this section.
4 ‘‘(2) Such additional amount as the Director
5 considers in proportion to the manufacturing density
6 of the region of the recipient.
7 ‘‘(3) Such supplemental amounts as the Direc-
8 tor considers appropriate.
9 ‘‘(e) PURPOSE OF AWARDS.—An award under this
10 section shall be made for one or more of the following pur-
11 poses:
12 ‘‘(1) To provide coordinating services on em-
13 ployee engagement, including employee ownership
14 and workforce training, including connecting manu-
15 facturers with career and technical education enti-
16 ties, institutions of higher education (including com-
17 munity colleges), workforce development boards,
18 labor organizations, and nonprofit job training pro-
19 viders to develop and support training and job place-
20 ment services, including apprenticeship and online
21 learning platforms, for new and incumbent workers,
22 programming to prevent job losses when adopting
23 new technologies and processes, and development of
24 employee ownership practices.
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1 ‘‘(2) To provide services to improve the resil-
2 iency of domestic supply chains and to mitigate
3 vulnerabilities to cyberattacks, including helping to
4 offset the cost of cybersecurity projects for small
5 manufacturers.
6 ‘‘(3) To expand advanced technology services to
7 United States-based small- and medium-sized manu-
8 facturers, which may include—
9 ‘‘(A) developing advanced technology dem-
10 onstration laboratories for training and dem-
11 onstration in areas of supply chain and critical
12 technology needs, including a focus on the dem-
13 onstration of technologies developed by compa-
14 nies based in the United States;
15 ‘‘(B) services for the adoption of advanced
16 technologies, including smart manufacturing
17 technologies and practices; and
18 ‘‘(C) establishing partnerships, for the de-
19 velopment, demonstration, and deployment of
20 advanced technologies, between United States-
21 based small- and medium-sized manufacturers
22 and—
23 ‘‘(i) national laboratories (as defined
24 in section 2 of the Energy Policy Act of
25 2005 (42 U.S.C. 15801));
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1 ‘‘(ii) Federal laboratories;
2 ‘‘(iii) Manufacturing USA institutes
3 (as described in section 34(d)); and
4 ‘‘(iv) institutions of higher education.
5 ‘‘(4) To build capabilities across the Hollings
6 Manufacturing Extension Partnership for domestic
7 supply chain resiliency and optimization, including—
8 ‘‘(A) assessment of domestic manufac-
9 turing capabilities, expanded capacity for re-
10 searching and deploying information on supply
11 chain risk, hidden costs of reliance on offshore
12 suppliers, redesigning products and processes to
13 encourage reshoring, and other relevant topics;
14 and
15 ‘‘(B) expanded services to provide indus-
16 try-wide support that assists United States
17 manufacturers with reshoring manufacturing to
18 strengthen the resiliency of domestic supply
19 chains, including in critical technology areas
20 and foundational manufacturing capabilities
21 that are key to domestic manufacturing com-
22 petitiveness and resiliency, including forming,
23 casting, machining, joining, surface treatment,
24 and tooling.
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1 ‘‘(f) REIMBURSEMENT.—The Director may reim-
2 burse Centers for costs incurred by the Centers under this
3 section.
4 ‘‘(g) APPLICATIONS.—Applications for awards under
5 this section shall be submitted in such manner, at such
6 time, and containing such information as the Director
7 shall require in consultation with the Manufacturing Ex-
8 tension Partnership Advisory Board.
9 ‘‘(h) SELECTION.—
10 ‘‘(1) REVIEWED AND MERIT-BASED.—The Di-
11 rector shall ensure that awards under this section
12 are reviewed and merit-based.
13 ‘‘(2) GEOGRAPHIC DIVERSITY.—The Director
14 shall endeavor to have broad geographic diversity
15 among selected proposals.
16 ‘‘(3) CRITERIA.—The Director shall select ap-
17 plications consistent with the purposes identified
18 pursuant to subsection (e) to receive awards that the
19 Director determines will achieve one or more of the
20 following:
21 ‘‘(A) Improvement of the competitiveness
22 of industries in the region in which the Center
23 or Centers are located.
24 ‘‘(B) Creation of jobs or training of newly
25 hired employees.
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1 ‘‘(C) Promotion of the transfer and com-
2 mercialization of research and technology from
3 institutions of higher education, national lab-
4 oratories, or other Federally funded research
5 programs, and nonprofit research institutes.
6 ‘‘(D) Recruitment of a diverse manufac-
7 turing workforce, including through outreach to
8 underrepresented populations, including individ-
9 uals identified in section 33 or section 34 of the
10 Science and Engineering Equal Opportunities
11 Act (42 U.S.C. 1885a, 1885b).
12 ‘‘(E) Any other result the Director deter-
13 mines will advance the objective set forth in
14 section 25(c) or 26.
15 ‘‘(i) PROGRAM CONTRIBUTION.—Recipients of
16 awards under this section shall not be required to provide
17 a matching contribution.
18 ‘‘(j) GLOBAL MARKETPLACE PROJECTS.—In making
19 an award under this section, the Director, in consultation
20 with the Manufacturing Extension Partnership Advisory
21 Board and the Secretary, may take into consideration
22 whether an application has significant potential for en-
23 hancing the competitiveness of small and medium-sized
24 United States manufacturers in the global marketplace.
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1 ‘‘(k) DURATION.—The Director shall ensure that the
2 duration of an award under this section is aligned and
3 consistent with a Center’s cooperative agreement estab-
4 lished in section 25(e).
5 ‘‘(l) REPORT.—After the completion of the pilot pro-
6 gram under subsection (b) and not later than October 1,
7 2024, the Director shall submit to Congress a report that
8 includes—
9 ‘‘(1) a summary description of what activities
10 were funded and the measurable outcomes of such
11 activities;
12 ‘‘(2) a description of which types of activities
13 under paragraph (1) could be integrated into, and
14 supported under, the program under section 25;
15 ‘‘(3) a description of which types of activities
16 under paragraph (1) could be integrated into, and
17 supported under, the competitive awards program
18 under section 25A; and
19 ‘‘(4) a recommendation, supported by a clear
20 explanation, as to whether the pilot program should
21 be continued.’’.
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1 SEC. 10252. UPDATE TO MANUFACTURING EXTENSION
2 PARTNERSHIP.
3 (a) ACCEPTANCE OF FUNDS.—Section 25(l) of the
4 National Institute of Standards and Technology Act (15
5 U.S.C. 278k(l)) is amended to read as follows:
6 ‘‘(l) ACCEPTANCE OF FUNDS.—
7 ‘‘(1) IN GENERAL.—In addition to such sums
8 as may be appropriated to the Secretary and Direc-
9 tor to operate the Program, the Secretary and Di-
10 rector may also accept funds from other Federal de-
11 partments and agencies, as well as funds provided
12 by the private sector pursuant to section 2(c)(7) of
13 this Act (15 U.S.C. 272(c)(7)), to be available to the
14 extent provided by appropriations Acts, for the pur-
15 pose of strengthening United States manufacturing.
16 ‘‘(2) COMPETITIVE AWARDS.—Funds accepted
17 from other Federal departments and agencies and
18 from the private sector under paragraph (1) shall be
19 awarded competitively by the Secretary and by the
20 Director to Manufacturing Extension Partnership
21 Centers, provided that the Secretary and Director
22 may make non-competitive awards, pursuant to this
23 section or section 25A, or as a non-competitive con-
24 tract, as appropriate, if the Secretary and the Direc-
25 tor determine that—
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1 ‘‘(A) the manufacturing market or sector
2 targeted is limited geographically or in scope;
3 ‘‘(B) the number of States (or territory, in
4 the case of Puerto Rico) with Manufacturing
5 Extension Partnership Centers serving manu-
6 facturers of such market or sector is five or
7 fewer; and
8 ‘‘(C) such Manufacturing Extension Part-
9 nership Center or Centers has received a posi-
10 tive evaluation in the most recent evaluation
11 conducted pursuant to subsection (g).’’.
12 (b) SUPPORTING AMERICAN MANUFACTURING.—Sec-
13 tion 25 of the National Institute of Standards and Tech-
14 nology Act (15 U.S.C. 278k) is amended—
15 (1) in subsection (a)(5)—
16 (A) by striking ‘‘or consortium thereof,’’;
17 and
18 (B) by inserting ‘‘or a consortium thereof’’
19 before the period at the end of the sentence;
20 (2) in subsection (c)(4), by inserting ‘‘United
21 States-based’’ before ‘‘industrial’’;
22 (3) in subsection (d)—
23 (A) in paragraph (1), by inserting ‘‘at
24 United States-based industrial facilities, includ-
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1 ing small and medium manufacturing compa-
2 nies’’ before ‘‘based’’;
3 (B) in paragraph (2), by inserting ‘‘United
4 States-based’’ before ‘‘companies’’; and
5 (C) in paragraph (3), by inserting ‘‘United
6 States-based’’ before ‘‘small’’;
7 (4) in subsection (f)(5)(B)(i), by inserting ‘‘in
8 the United States’’ before the semicolon at the end
9 of the clause; and
10 (5) in subsection (n)(1)(A), by inserting
11 ‘‘United States-based’’ before ‘‘small’’.
12 (c) AMENDING THE MEP COMPETITIVE AWARDS
13 PROGRAM.—Section 25A(c)(2) of the National Institute of
14 Standards and Technology Act (15 U.S.C. 278k-1(c)(2))
15 is amended by inserting ‘‘United States’’ before ‘‘manu-
16 facturers’’.
17 SEC. 10253. NATIONAL SUPPLY CHAIN DATABASE.
18 (a) ESTABLISHMENT OF NATIONAL SUPPLY CHAIN
19 DATABASE.—The Director shall establish and maintain a
20 National Supply Chain Database, subject to the avail-
21 ability of appropriations.
22 (b) PURPOSE.—The purpose of the National Supply
23 Chain Database shall be to assist the Federal government
24 and industry sectors in minimizing disruptions to the
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1 United States supply chain by having an assessment of
2 United States manufacturers’ capabilities.
3 (c) STUDY ON NATIONAL SUPPLY CHAIN DATA-
4 BASE.—In establishing the National Supply Chain Data-
5 base, the Director shall consider the findings and rec-
6 ommendations from the study authorized in section 9413
7 of the National Defense Authorization Act for Fiscal Year
8 2021 (Public Law 116–283), including measures to secure
9 and protect the National Supply Chain Database from ad-
10 versarial attacks and vulnerabilities.
11 (d) DATABASE AND MANUFACTURING EXTENSION
12 PARTNERSHIP.—
13 (1) IN GENERAL.—The National Supply Chain
14 Database shall be carried out and managed through
15 the Hollings Manufacturing Extension Partnership
16 program or its designee and the Director shall en-
17 sure that the Hollings Manufacturing Extension
18 Partnership Centers are connected to the National
19 Supply Chain Database.
20 (2) CAPABILITIES.—The National Supply Chain
21 Database shall be capable of providing a national
22 view of the supply chain and enable authorized data-
23 base users to determine in near real-time the United
24 States manufacturing capabilities for critical prod-
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1 ucts, including defense supplies, food, and medical
2 devices, including personal protective equipment.
3 (3) DATABASE CONTENT.—The Database may
4 include the following:
5 (A) Basic company information.
6 (B) An overview of capabilities, accredita-
7 tions, and products.
8 (C) Proprietary information.
9 (D) Such other items as the Director con-
10 siders necessary.
11 (4) STANDARD CLASSIFICATION SYSTEM.—The
12 Database may use the North American Industry
13 Classification System (NAICS) Codes as follows:
14 (A) Sector 31-33 — Manufacturing.
15 (B) Sector 54 — Professional, Scientific,
16 and Technical Services.
17 (C) Sector 48-49 — Transportation and
18 Warehousing.
19 (5) LEVELS.—The Database may be multi-lev-
20 eled as agreed to under terms of mutual disclosure
21 as follows:
22 (A) Level 1 may have basic company infor-
23 mation and shall be available to the public.
24 (B) Level 2 may have a deeper, nonpropri-
25 etary overview into capabilities, products, and
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1 accreditations and shall be available to all com-
2 panies that contribute to the Database.
3 (C) Level 3 may hold proprietary informa-
4 tion.
5 (6) INDIVIDUAL STATE DATABASES.—Each
6 State’s supply chain database maintained by the In-
7 stitute-recognized Manufacturing Extension Partner-
8 ship Center within the State shall be complementary
9 in design to the National Supply Chain Database.
10 (e) MAINTENANCE OF NATIONAL SUPPLY CHAIN
11 DATABASE.—The Director, acting through the Hollings
12 Manufacturing Extension Partnership program, shall
13 maintain the National Supply Chain Database as an inte-
14 gration of the State level databases from each State’s
15 Manufacturing Extension Partnership Center and may be
16 populated with information from past, current, or poten-
17 tial Center clients.
18 (f) EXEMPT FROM PUBLIC DISCLOSURE.—The Na-
19 tional Supply Chain Database and any information related
20 to it not publicly released by the Institute shall be exempt
21 from public disclosure under section 552 of title 5, United
22 States Code, and access to non-public content shall be lim-
23 ited to the contributing company and Manufacturing Ex-
24 tension Partnership Center staff who sign an appropriate
25 non-disclosure agreement. The Director may make aggre-
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1 gated, de-identified information available to contributing
2 companies, Centers, or the public, as the Director con-
3 siders appropriate, in support of the purposes of this sec-
4 tion.
5 (g) AUTHORIZATION OF APPROPRIATIONS.—There
6 are authorized to be appropriated—
7 (1) $31,000,000 for fiscal year 2022 to develop
8 and launch the Database; and
9 (2) $26,000,000 for each of fiscal years 2023
10 through 2026 to maintain, update, and support Fed-
11 eral coordination of the State supply chain databases
12 maintained by the Centers.
13 SEC. 10254. HOLLINGS MANUFACTURING EXTENSION PART-
14 NERSHIP ACTIVITIES.
15 Section 70924(b) of the Infrastructure Investment
16 and Jobs Act (Public Law 117–58) is amended to read
17 as follows:
18 ‘‘(b) AUTOMATIC ENROLLMENT IN GSA ADVAN-
19 TAGE!.—The Administrator of the General Services Ad-
20 ministration and the Secretary of Commerce, acting
21 through the Under Secretary of Commerce for Standards
22 and Technology, shall jointly ensure that businesses that
23 participate in the Hollings Manufacturing Extension Part-
24 nership may, as the business considers appropriate, enroll
25 in General Services Administration Advantage!.’’.
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1 Subtitle E—Manufacturing USA
2 Program
3 SEC. 10261. SUPPORTING GEOGRAPHIC DIVERSITY.
4 Section 34(e) of the National Institute of Standards
5 and Technology Act (15 U.S.C. 278s(e)) is amended by
6 adding at the end the following:
7 ‘‘(8) DIVERSITY PREFERENCES.—In awarding
8 financial assistance under paragraph (1) for plan-
9 ning or establishing a Manufacturing USA institute,
10 an agency head shall give special consideration to
11 Manufacturing USA institutes that—
12 ‘‘(A) contribute to the geographic diversity
13 of the Manufacturing USA Program;
14 ‘‘(B) are located in an area with a low per
15 capita income; or
16 ‘‘(C) are located in an area with a high
17 proportion of socially disadvantaged residents.’’.
18 Subtitle F—Manufacturing USA
19 Program
20 SEC. 10271. EXPANDING OPPORTUNITIES THROUGH THE
21 MANUFACTURING USA PROGRAM.
22 (a) PARTICIPATION OF MINORITY-SERVING INSTITU-
23 TIONS, HISTORICALLY BLACK COLLEGES AND UNIVER-
24 SITIES, AND TRIBAL COLLEGES AND UNIVERSITIES.—
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1 (1) IN GENERAL.—The Secretary of Commerce,
2 in consultation with the Secretary of Energy, the
3 Secretary of Defense, and the heads of such other
4 Federal agencies as the Secretary of Commerce con-
5 siders relevant, shall coordinate with existing and
6 new Manufacturing USA institutes to integrate cov-
7 ered entities as active members of the Manufac-
8 turing USA institutes, including through the devel-
9 opment of preferences in selection criteria for pro-
10 posals to create new Manufacturing USA institutes
11 or renew existing Manufacturing USA institutes that
12 include one or more covered entities.
13 (2) COVERED ENTITIES.—For purposes of this
14 subsection, a covered entity is—
15 (A) an historically Black college or univer-
16 sity;
17 (B) a Tribal college or university;
18 (C) a minority-serving institution; or
19 (D) a minority business enterprise (as de-
20 fined in section 1400.2 of title 15, Code of Fed-
21 eral Regulations, or successor regulation).
22 TITLE III—NATIONAL SCIENCE
23 FOUNDATION FOR THE FUTURE
24 SEC. 10301. FINDINGS.
25 Congress finds the following:
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1 (1) Over the past seven decades, the National
2 Science Foundation has played a critical role in ad-
3 vancing the United States academic research enter-
4 prise by supporting fundamental research and edu-
5 cation across science and engineering disciplines.
6 (2) Discoveries enabled by sustained investment
7 in fundamental research and the education of the
8 United States science and engineering workforce
9 have led to transformational innovations and
10 spawned new industries.
11 (3) While the traditional approach to invest-
12 ment in research has delivered myriad benefits to so-
13 ciety, a concerted effort is needed to ensure the ben-
14 efits of federally funded science and engineering are
15 enjoyed by all Americans.
16 (4) As countries around the world increase in-
17 vestments in research and STEM education, United
18 States global leadership in science and engineering is
19 eroding, posing significant risks to economic com-
20 petitiveness, national security, and public well-being.
21 (5) To address major societal challenges and
22 sustain United States leadership in innovation, the
23 Federal Government must increase investments in
24 research, broaden participation in the STEM work-
25 force, and bolster collaborations among universities,
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1 National Laboratories, field stations and marine lab-
2 oratories, companies, labor organizations, non-profit
3 funders of research, local policymakers, civil societies
4 and stakeholder communities, and international
5 partners.
6 SEC. 10302. DEFINITIONS.
7 In this title:
8 (1) ACADEMIES.—The term ‘‘Academies’’
9 means the National Academies of Sciences, Engi-
10 neering, and Medicine.
11 (2) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar-
12 tificial intelligence’’ has the meaning given such
13 term in section 5002 of the William M. (MAC)
14 Thornberry National Defense Authorization Act for
15 Fiscal Year 2021.
16 (3) AWARDEE.—The term ‘‘awardee’’ means
17 the legal entity to which Federal assistance is
18 awarded and that is accountable to the Federal Gov-
19 ernment for the use of the funds provided.
20 (4) BOARD.—The term ‘‘Board’’ means the Na-
21 tional Science Board.
22 (5) DIRECTOR.—The term ‘‘Director’’ means
23 the Director of the National Science Foundation.
24 (6) EMERGING RESEARCH INSTITUTION.—The
25 term ‘‘emerging research institution’’ means an in-
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1 stitution of higher education with an established un-
2 dergraduate student program that has, on average
3 for 3 years prior to the time of application for an
4 award, received less than $35,000,000 in Federal re-
5 search funding.
6 (7) FEDERAL RESEARCH AGENCY.—The term
7 ‘‘Federal research agency’’ means any Federal agen-
8 cy with an annual extramural research expenditure
9 of over $100,000,000.
10 (8) FOUNDATION.—The term ‘‘Foundation’’
11 means the National Science Foundation.
12 (9) HISTORICALLY BLACK COLLEGE AND UNI-
13 VERSITY.—The term ‘‘historically Black college and
14 university’’ has the meaning given the term ‘‘part B
15 institution’’ in section 322 of the Higher Education
16 Act of 1965 (20 U.S.C. 1061).
17 (10) INSTITUTION OF HIGHER EDUCATION.—
18 The term ‘‘institution of higher education’’ has the
19 meaning given the term in section 101(a) of the
20 Higher Education Act of 1965 (20 U.S.C. 1001(a)).
21 (11) LABOR ORGANIZATION.—The term ‘‘labor
22 organization’’ has the meaning given the term in
23 section 2(5) of the National Labor Relations Act (29
24 U.S.C. 152(5)), except that such term shall also in-
25 clude—
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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
6 such section 2(5) but for the fact that the orga-
7 nization represents—
8 (i) individuals employed by the United
9 States, any wholly owned Government cor-
10 poration, any Federal Reserve Bank, or
11 any State or political subdivision thereof;
12 (ii) individuals employed by persons
13 subject to the Railway Labor Act (45
14 U.S.C. 151 et seq.); or
15 (iii) individuals employed as agricul-
16 tural laborers.
17 (12) MINORITY-SERVING INSTITUTION.—The
18 term ‘‘minority-serving institution’’ means a His-
19 panic-serving institution, an Alaska Native-serving
20 institution, a Native Hawaiian-serving institutions, a
21 Predominantly Black Institution, an Asian American
22 and Native American Pacific Islander-serving insti-
23 tution, or a Native American-serving nontribal insti-
24 tution as described in section 371 of the Higher
25 Education Act of 1965 (20 U.S.C. 1067q(a)).
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1 (13) NON-PROFIT ORGANIZATION.—The term
2 ‘‘non-profit organization’’ means an organization
3 which is described in section 501(c)(3) of the Inter-
4 nal Revenue Code of 1986 and exempt from tax
5 under section 501(a) of such code.
6 (14) NSF INCLUDES.—The term ‘‘NSF in-
7 cludes’’ means the initiative carried out under sec-
8 tion 10306(c).
9 (15) PREK–12.—The term ‘‘preK–12’’ means
10 pre-kindergarten through grade 12.
11 (16) RESEARCH AND DEVELOPMENT AWARD.—
12 The term ‘‘research and development award’’ means
13 support provided to an individual or entity by a Fed-
14 eral research agency to carry out research and devel-
15 opment activities, which may include support in the
16 form of a grant, contract, cooperative agreement, or
17 other such transaction. The term does not include a
18 grant, contract, agreement or other transaction for
19 the procurement of goods or services to meet the ad-
20 ministrative needs of a Federal research agency.
21 (17) SKILLED TECHNICAL WORK.—The term
22 ‘‘skilled technical work’’ means an occupation that
23 requires a high level of knowledge in a technical do-
24 main and does not require a bachelor’s degree for
25 entry.
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1 (18) STEM.—The term ‘‘STEM’’ has the
2 meaning given the term in section 2 of the America
3 COMPETES Reauthorization Act of 2010 (42
4 U.S.C. 6621 note).
5 (19) STEM EDUCATION.—The term ‘‘STEM
6 education’’ has the meaning given the term in sec-
7 tion 2 of the STEM Education Act of 2015 (42
8 U.S.C. 6621 note).
9 (20) TRIBAL COLLEGE OR UNIVERSITY.—The
10 term ‘‘Tribal College or University’’ has the meaning
11 given such term in section 316 of the Higher Edu-
12 cation Act of 1965 (20 U.S.C. 1059c).
13 SEC. 10303. AUTHORIZATION OF APPROPRIATIONS.
14 (a) FISCAL YEAR 2022.—
15 (1) IN GENERAL.—There are authorized to be
16 appropriated to the Foundation $12,504,890,000 for
17 fiscal year 2022.
18 (2) SPECIFIC ALLOCATIONS.—Of the amount
19 authorized under paragraph (1)—
20 (A) $10,025,000,000 is authorized to be
21 appropriated to carry out research and related
22 activities, of which—
23 (i) $55,000,000 is authorized to be
24 appropriated for the Mid-Scale Research
25 Infrastructure Program; and
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1 (ii) $1,400,000,000 is authorized to
2 be appropriated for the Directorate for
3 Science and Engineering Solutions;
4 (B) $1,583,160,000 is authorized to be ap-
5 propriated for education and human resources,
6 of which—
7 (i) $73,700,000 is authorized to be
8 appropriated for the Robert Noyce Teacher
9 Scholarship Program;
10 (ii) $59,500,000 is authorized to be
11 appropriated for the NSF Research
12 Traineeship Program;
13 (iii) $416,300,000 is authorized to be
14 appropriated for the Graduate Research
15 Fellowship Program; and
16 (iv) $70,000,000 is authorized to be
17 appropriated for the Cybercorps Scholar-
18 ship for Service Program;
19 (C) $249,000,000 is authorized to be ap-
20 propriated for major research equipment and
21 facilities construction, of which $76,250,000 is
22 authorized to be appropriated for the Mid-Scale
23 Research Infrastructure Program;
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1 (D) $620,000,000 is authorized to be ap-
2 propriated for agency operations and award
3 management;
4 (E) $4,620,000 is authorized to be appro-
5 priated for the Office of the National Science
6 Board; and
7 (F) $23,120,000 is authorized to be appro-
8 priated for the Office of the Inspector General.
9 (b) FISCAL YEAR 2023.—
10 (1) IN GENERAL.—There are authorized to be
11 appropriated to the Foundation $14,620,800,000 for
12 fiscal year 2023.
13 (2) SPECIFIC ALLOCATIONS.—Of the amount
14 authorized under paragraph (1)—
15 (A) $11,870,000,000 is authorized to be
16 appropriated to carry out research and related
17 activities, of which—
18 (i) $60,000,000 is authorized to be
19 appropriated for the Mid-Scale Research
20 Infrastructure Program; and
21 (ii) $2,300,000,000 is authorized to
22 be appropriated for the Directorate for
23 Science and Engineering Solutions;
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1 (B) $1,654,520,000 is authorized to be ap-
2 propriated for education and human resources,
3 of which—
4 (i) $80,400,000 is authorized to be
5 appropriated for the Robert Noyce Teacher
6 Scholarship Program;
7 (ii) $64,910,000 is authorized to be
8 appropriated for the NSF Research
9 Traineeship Program;
10 (iii) $454,140,000 is authorized to be
11 appropriated for the Graduate Research
12 Fellowship Program; and
13 (iv) $72,000,000 is authorized to be
14 appropriated for the Cybercorps Scholar-
15 ship for Service Program;
16 (C) $355,000,000 is authorized to be ap-
17 propriated for major research equipment and
18 facilities construction, of which $80,000,000 is
19 authorized to be appropriated for the Mid-Scale
20 Research Infrastructure Program;
21 (D) $710,000,000 is authorized to be ap-
22 propriated for agency operations and award
23 management;
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1 (E) $4,660,000 is authorized to be appro-
2 priated for the Office of the National Science
3 Board; and
4 (F) $26,610,000 is authorized to be appro-
5 priated for the Office of the Inspector General.
6 (c) FISCAL YEAR 2024.—
7 (1) IN GENERAL.—There are authorized to be
8 appropriated to the Foundation $15,945,020,000 for
9 fiscal year 2024.
10 (2) SPECIFIC ALLOCATIONS.—Of the amount
11 authorized under paragraph (1)—
12 (A) $13,050,000,000 is authorized to be
13 appropriated to carry out research and related
14 activities, of which—
15 (i) $70,000,000 is authorized to be
16 appropriated for the Mid-Scale Research
17 Infrastructure Program; and
18 (ii) $2,900,000,000 is authorized to
19 be appropriated for the Directorate for
20 Science and Engineering Solutions;
21 (B) $1,739,210,000 is authorized to be ap-
22 propriated for education and human resources,
23 of which—
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1 (i) $87,100,000 is authorized to be
2 appropriated for the Robert Noyce Teacher
3 Scholarship Program;
4 (ii) $70,320,000 is authorized to be
5 appropriated for the NSF Research
6 Traineeship Program;
7 (iii) $491,990,000 is authorized to be
8 appropriated for the Graduate Research
9 Fellowship Program; and
10 (iv) $78,000,000 is authorized to be
11 appropriated for the Cybercorps Scholar-
12 ship for Service Program;
13 (C) $370,000,000 is authorized to be ap-
14 propriated for major research equipment and
15 facilities construction, of which $85,000,000 is
16 authorized to be appropriated for the Mid-Scale
17 Research Infrastructure Program;
18 (D) $750,000,000 is authorized to be ap-
19 propriated for agency operations and award
20 management;
21 (E) $4,700,000 is authorized to be appro-
22 priated for the Office of the National Science
23 Board; and
24 (F) $31,110,000 is authorized to be appro-
25 priated for the Office of the Inspector General.
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1 (d) FISCAL YEAR 2025.—
2 (1) IN GENERAL.—There are authorized to be
3 appropriated to the Foundation $17,004,820,000 for
4 fiscal year 2025.
5 (2) SPECIFIC ALLOCATIONS.—Of the amount
6 authorized under paragraph (1)—
7 (A) $14,000,000,000 is authorized to be
8 appropriated to carry out research and related
9 activities, of which—
10 (i) $75,000,000 is authorized to be
11 appropriated for the Mid-Scale Research
12 Infrastructure Program; and
13 (ii) $3,250,000,000 is authorized to
14 be appropriated for the Directorate for
15 Science and Engineering Solutions;
16 (B) $1,823,470,000 is authorized to be ap-
17 propriated for education and human resources,
18 of which—
19 (i) $93,800,000 is authorized to be
20 appropriated for the Robert Noyce Teacher
21 Scholarship Program;
22 (ii) $75,730,000 is authorized to be
23 appropriated for the NSF Research
24 Traineeship Program;
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1 (iii) $529,830,000 is authorized to be
2 appropriated for the Graduate Research
3 Fellowship Program; and
4 (iv) $84,000,000 is authorized to be
5 appropriated for the Cybercorps Scholar-
6 ship for Service Program;
7 (C) $372,000,000 is authorized to be ap-
8 propriated for major research equipment and
9 facilities construction, of which $90,000,000 is
10 authorized to be appropriated for the Mid-Scale
11 Research Infrastructure Program;
12 (D) $770,000,000 is authorized to be ap-
13 propriated for agency operations and award
14 management;
15 (E) $4,740,000 is authorized to be appro-
16 priated for the Office of the National Science
17 Board; and
18 (F) $34,610,000 is authorized to be appro-
19 priated for the Office of the Inspector General.
20 (e) FISCAL YEAR 2026.—
21 (1) IN GENERAL.—There are authorized to be
22 appropriated to the Foundation $17,939,490,000 for
23 fiscal year 2026.
24 (2) SPECIFIC ALLOCATIONS.—Of the amount
25 authorized under paragraph (1)—
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1 (A) $14,800,000,000 is authorized to be
2 appropriated to carry out research and related
3 activities, of which—
4 (i) $80,000,000 is authorized to be
5 appropriated for the Mid-Scale Research
6 Infrastructure Program; and
7 (ii) $3,400,000,000 is authorized to
8 be appropriated for the Directorate for
9 Science and Engineering Solutions;
10 (B) $1,921,600,000 is authorized to be ap-
11 propriated for education and human resources,
12 of which—
13 (i) $100,500,000 is authorized to be
14 appropriated for the Robert Noyce Teacher
15 Scholarship Program;
16 (ii) $81,140,000 is authorized to be
17 appropriated for the NSF Research
18 Traineeship Program;
19 (iii) $567,680,000 is authorized to be
20 appropriated for the Graduate Research
21 Fellowship Program; and
22 (iv) $90,000,000 is authorized to be
23 appropriated for the Cybercorps Scholar-
24 ship for Service Program;
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1 (C) $375,000,000 is authorized to be ap-
2 propriated for major research equipment and
3 facilities construction, of which $100,000,000 is
4 authorized to be appropriated for the Mid-Scale
5 Research Infrastructure Program;
6 (D) $800,000,000 is authorized to be ap-
7 propriated for agency operations and award
8 management;
9 (E) $4,780,000 is authorized to be appro-
10 priated for the Office of the National Science
11 Board; and
12 (F) $38,110,000 is authorized to be appro-
13 priated for the Office of the Inspector General.
14 SEC. 10304. STEM EDUCATION.
15 (a) PREK–12 STEM EDUCATION.—
16 (1) DECADAL SURVEY OF STEM EDUCATION RE-
17 SEARCH.—Not later than 45 days after the date of
18 enactment of this Act, the Director shall enter into
19 a contract with the Academies to review and assess
20 the status and opportunities for PreK–12 STEM
21 education research and make recommendations for
22 research priorities over the next decade.
23 (2) SCALING INNOVATIONS IN PREK–12 STEM
24 EDUCATION.—
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1 (A) IN GENERAL.—The Director shall es-
2 tablish a program to award grants, on a com-
3 petitive basis, to institutions of higher edu-
4 cation or non-profit organizations (or consortia
5 of such institutions or organizations) to estab-
6 lish no fewer than 3 multidisciplinary Centers
7 for Transformative Education Research and
8 Translation (in this section referred to as ‘‘Cen-
9 ters’’) to support research and development on
10 widespread and sustained implementation of
11 STEM education innovations.
12 (B) APPLICATION.—An institution of high-
13 er education or non-profit organization (or a
14 consortium of such institutions or organiza-
15 tions) seeking funding under subparagraph (A)
16 shall submit an application to the Director at
17 such time, in such manner, and containing such
18 information as the Director may require. The
19 application shall include, at a minimum, a de-
20 scription of how the proposed Center will—
21 (i) establish partnerships among aca-
22 demic institutions, local or State education
23 agencies, and other relevant stakeholders
24 in supporting programs and activities to
25 facilitate the widespread and sustained im-
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1 plementation of promising, evidence-based
2 STEM education practices, models, pro-
3 grams, curriculum, and technologies;
4 (ii) support enhanced STEM edu-
5 cation infrastructure, including
6 cyberlearning technologies, to facilitate the
7 widespread adoption of promising, evi-
8 dence-based practices;
9 (iii) support research and development
10 on scaling practices, partnerships, and al-
11 ternative models to current approaches, in-
12 cluding approaches sensitive to the unique
13 combinations of capabilities, resources, and
14 needs of varying localities, educators, and
15 learners;
16 (iv) include a focus on the learning
17 needs of under resourced schools and
18 learners in low-resource or underachieving
19 local education agencies in urban and rural
20 communities and the development of high-
21 quality curriculum that engages these
22 learners in the knowledge and practices of
23 STEM fields;
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1 (v) include a focus on the learning
2 needs and unique challenges facing stu-
3 dents with disabilities; and
4 (vi) support research and development
5 on scaling practices and models to support
6 and sustain highly-qualified STEM edu-
7 cators in urban and rural communities.
8 (C) ADDITIONAL CONSIDERATIONS.—In
9 awarding a grant under this paragraph, the Di-
10 rector may also consider the extent to which the
11 proposed Center will—
12 (i) leverage existing collaborations,
13 tools, and strategies supported by the
14 Foundation, including NSF INCLUDES
15 and the Convergence Accelerators;
16 (ii) support research on and the devel-
17 opment and scaling of innovative ap-
18 proaches to distance learning and edu-
19 cation for various student populations;
20 (iii) support education innovations
21 that leverage new technologies or deepen
22 understanding of the impact of technology
23 on educational systems; and
24 (iv) include a commitment from local
25 or State education administrators to mak-
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1 ing the proposed reforms and activities a
2 priority.
3 (D) PARTNERSHIP.—In carrying out the
4 program under subparagraph (A), the Director
5 shall explore opportunities to partner with the
6 Department of Education, including through
7 jointly funding activities under this paragraph.
8 (E) ANNUAL MEETING.—The Director
9 shall encourage and facilitate an annual meet-
10 ing of the Centers to foster collaboration among
11 the Centers and to further disseminate the re-
12 sults of the Centers’ activities.
13 (F) REPORT.—Not later than 5 years after
14 the date of enactment of this Act, the Director
15 shall submit to Congress a report describing the
16 activities carried out pursuant to this para-
17 graph that includes—
18 (i) a description of the focus and pro-
19 posed goals of each Center; and
20 (ii) an assessment of the program’s
21 success in helping to promote scalable solu-
22 tions in PreK–12 STEM education.
23 (3) NATIONAL ACADEMIES STUDY.—Not later
24 than 45 days after the date of enactment of this
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1 Act, the Director shall enter into an agreement with
2 the Academies to conduct a study to—
3 (A) review the research literature and iden-
4 tify research gaps regarding the interconnected
5 factors that foster and hinder successful imple-
6 mentation of promising, evidence-based PreK–
7 12 STEM education innovations at the local,
8 regional, and national level;
9 (B) present a compendium of promising,
10 evidence-based PreK–12 STEM education prac-
11 tices, models, programs, and technologies;
12 (C) identify barriers to widespread and
13 sustained implementation of such innovations;
14 and
15 (D) make recommendations to the Founda-
16 tion, the Department of Education, the Na-
17 tional Science and Technology Council’s Com-
18 mittee on Science, Technology, Engineering,
19 and Mathematics Education, State and local
20 educational agencies, and other relevant stake-
21 holders on measures to address such barriers.
22 (4) SUPPORTING PRE-K–8 INFORMAL STEM OP-
23 PORTUNITIES.—Section 3 of the STEM Education
24 Act of 2015 (42 U.S.C. 1862q) is amended by add-
25 ing at the end the following:
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1 ‘‘(c) PRE-K–8 INFORMAL STEM PROGRAM.—
2 ‘‘(1) IN GENERAL.—The Director of the Na-
3 tional Science Foundation shall provide grants to in-
4 stitutions of higher education or a non-profit organi-
5 zations (or a consortia of such intuitions or organi-
6 zation) on a merit-reviewed, competitive basis for re-
7 search on programming that engages students in
8 grades PREK–8, including underrepresented and
9 rural students, in STEM in order to prepare such
10 students to pursue degrees or careers in STEM.
11 ‘‘(2) USE OF FUNDS.—
12 ‘‘(A) IN GENERAL.—Grants awarded under
13 this section shall be used toward research to ad-
14 vance the engagement of students, including
15 underrepresented and rural students, in grades
16 PREK–8 in STEM through providing before-
17 school, after-school, out-of-school, or summer
18 activities, including in single-gender environ-
19 ments or programming, that are designed to en-
20 courage interest, engagement, and skills devel-
21 opment for students in STEM.
22 ‘‘(B) PERMITTED ACTIVITIES.—The activi-
23 ties described in subparagraph (A) may in-
24 clude—
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1 ‘‘(i) the provision of programming de-
2 scribed in such subparagraph for the pur-
3 pose of research described in such subpara-
4 graph;
5 ‘‘(ii) the use of a variety of engage-
6 ment methods, including cooperative and
7 hands-on learning;
8 ‘‘(iii) exposure of students to role
9 models in the fields of STEM and near-
10 peer mentors;
11 ‘‘(iv) training of informal learning
12 educators, youth-serving professionals, and
13 volunteers who lead informal STEM pro-
14 grams in using evidence-based methods
15 consistent with the target student popu-
16 lation being served;
17 ‘‘(v) education of students on the rel-
18 evance and significance of STEM careers,
19 provision of academic advice and assist-
20 ance, and activities designed to help stu-
21 dents make real-world connections to
22 STEM content;
23 ‘‘(vi) the attendance of students at
24 events, competitions, and academic pro-
25 grams to provide content expertise and en-
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1 courage career exposure in STEM, which
2 may include the purchase of parts and sup-
3 plies needed to participate in such competi-
4 tions;
5 ‘‘(vii) activities designed to engage
6 parents and families of students in grades
7 PREK–8 in STEM;
8 ‘‘(viii) innovative strategies to engage
9 students, such as using leadership skills
10 and outcome measures to impart youth
11 with the confidence to pursue STEM
12 coursework and academic study;
13 ‘‘(ix) coordination with STEM-rich
14 environments, including other nonprofit,
15 nongovernmental organizations, out-of-
16 classroom settings, single-gender environ-
17 ments, institutions of higher education, vo-
18 cational facilities, corporations, museums,
19 or science centers; and
20 ‘‘(x) the acquisition of instructional
21 materials or technology-based tools to con-
22 duct applicable grant activity.
23 ‘‘(3) APPLICATION.—An applicant seeking
24 funding under the section shall submit an applica-
25 tion at such time, in such manner, and containing
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1 such information as may be required. Applications
2 that include or partner with a nonprofit, nongovern-
3 mental organization that has extensive experience
4 and expertise in increasing the participation of stu-
5 dents in PREK–8 in STEM are encouraged. The
6 application may include the following:
7 ‘‘(A) A description of the target audience
8 to be served by the research activity or activi-
9 ties for which such funding is sought.
10 ‘‘(B) A description of the process for re-
11 cruitment and selection of students to partici-
12 pate in such activities.
13 ‘‘(C) A description of how such activity or
14 activities may inform programming that en-
15 gages students in grades PREK–8 in STEM.
16 ‘‘(D) A description of how such activity or
17 activities may inform programming that pro-
18 motes student academic achievement in STEM.
19 ‘‘(E) An evaluation plan that includes, at
20 a minimum, the use of outcome-oriented meas-
21 ures to determine the impact and efficacy of
22 programming being researched.
23 ‘‘(4) EVALUATIONS.—Each recipient of a grant
24 under this section shall provide, at the conclusion of
25 every year during which the grant funds are re-
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1 ceived, an evaluation in a form prescribed by the Di-
2 rector.
3 ‘‘(5) ACCOUNTABILITY AND DISSEMINATION.—
4 ‘‘(A) EVALUATION REQUIRED.—The Direc-
5 tor shall evaluate the activities established
6 under this section. Such evaluation shall—
7 ‘‘(i) use a common set of benchmarks
8 and tools to assess the results of research
9 conducted under such grants; and
10 ‘‘(ii) to the extent practicable, inte-
11 grate the findings of the research resulting
12 from the activity or activities funded
13 through the grant with the current re-
14 search on serving students with respect to
15 the pursuit of degrees or careers in STEM,
16 including underrepresented and rural stu-
17 dents, in grades PREK–8.
18 ‘‘(B) REPORT ON EVALUATIONS.—Not
19 later than 180 days after the completion of the
20 evaluation under subparagraph (A), the Direc-
21 tor shall submit to Congress and make widely
22 available to the public a report that includes—
23 ‘‘(i) the results of the evaluation; and
24 ‘‘(ii) any recommendations for admin-
25 istrative and legislative action that could
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1 optimize the effectiveness of the program
2 under this section.
3 ‘‘(6) COORDINATION.—In carrying out this sec-
4 tion, the Director shall, for purposes of enhancing
5 program effectiveness and avoiding duplication of ac-
6 tivities, consult, cooperate, and coordinate with the
7 programs and policies of other relevant Federal
8 agencies.’’.
9 (b) UNDERGRADUATE STEM EDUCATION.—
10 (1) RESEARCH ON STEM EDUCATION AND
11 WORKFORCE NEEDS.—The Director shall award
12 grants, on a competitive basis, to four-year institu-
13 tions of higher education or non-profit organizations
14 (or consortia of such institutions or organizations) to
15 support research and development activities to—
16 (A) encourage greater collaboration and
17 coordination between institutions of higher edu-
18 cation and industry to enhance education, foster
19 hands-on learn experiences, and improve align-
20 ment with workforce needs;
21 (B) understand the current composition of
22 the STEM workforce and the factors that influ-
23 ence growth, retention, and development of that
24 workforce;
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1 (C) increase the size, diversity, capability,
2 and flexibility of the STEM workforce; and
3 (D) increase dissemination and widespread
4 adoption of effective practices in undergraduate
5 education and workforce development.
6 (2) ADVANCED TECHNOLOGICAL EDUCATION
7 PROGRAM UPDATE.—Section 3(b) of the Scientific
8 and Advanced-Technology Act of 1992 (42 U.S.C.
9 1862i(b)) is amended to read as follows:
10 ‘‘(b) NATIONAL COORDINATION NETWORK FOR
11 SCIENCE AND TECHNICAL EDUCATION.—The Director
12 shall award grants to institutions of higher education,
13 non-profit organizations, and associate-degree granting
14 colleges (or consortia of such institutions or organizations)
15 to establish a network of centers for science and technical
16 education. The centers shall—
17 ‘‘(1) coordinate research, training, and edu-
18 cation activities funded by awards under subsection
19 (a) and share information and best practices across
20 the network of awardees;
21 ‘‘(2) serve as a national and regional clearing-
22 house and resource to communicate and coordinate
23 research, training, and educational activities across
24 disciplinary, organizational, geographic, and inter-
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1 national boundaries and disseminate best practices;
2 and
3 ‘‘(3) develop national and regional partnerships
4 between PreK–12 schools, two-year colleges, institu-
5 tions of higher education, workforce development
6 programs, labor organizations, and industry to meet
7 workforce needs.’’.
8 (3) INNOVATIONS IN STEM EDUCATION AT COM-
9 MUNITY COLLEGES.—
10 (A) IN GENERAL.—The Director shall
11 award grants on a merit-reviewed, competitive
12 basis to institutions of higher education or non-
13 profit organizations (or consortia of such insti-
14 tutions or organizations) to advance research on
15 the nature of learning and teaching at commu-
16 nity colleges and to improve outcomes for stu-
17 dents who enter the workforce upon completion
18 of their STEM degree or credential or transfer
19 to 4-year institutions, including by—
20 (i) examining how to scale up success-
21 ful programs at Community Colleges that
22 are improving student outcomes in
23 foundational STEM courses;
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1 (ii) supporting research on effective
2 STEM teaching practices in community
3 college settings;
4 (iii) designing and developing new
5 STEM curricula;
6 (iv) providing STEM students with
7 hands-on training and research experi-
8 ences, internships, and other experiential
9 learning opportunities;
10 (v) increasing access to high quality
11 STEM education through new tech-
12 nologies;
13 (vi) re-skilling or up-skilling incum-
14 bent workers for new STEM jobs;
15 (vii) building STEM career and seam-
16 less transfer pathways; and
17 (viii) developing novel mechanisms to
18 identify and recruit talent into STEM pro-
19 grams, in particular talent from groups
20 historically underrepresented in STEM.
21 (B) PARTNERSHIPS.—In carrying out ac-
22 tivities under this paragraph, the Director shall
23 encourage applications to develop, enhance, or
24 expand cooperative STEM education and train-
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1 ing partnerships between institutions of higher
2 education, industry, and labor organizations.
3 (4) IMPROVING ACCESS TO STEM EDUCATION
4 AT CTE INSTITUTIONS.—
5 (A) IN GENERAL.—The Director shall
6 award grants, on a competitive basis, to institu-
7 tions of higher education (including
8 postecondary vocational institutions) to support
9 career and technical education in STEM and
10 computer science related fields.
11 (B) PRIORITY.—In awarding grants under
12 subparagraph (A), the Director shall give pri-
13 ority to institutions that demonstrate effective
14 strategies to recruit and provide career and
15 technical education to veterans and members of
16 the Armed Forces transitioning to the private
17 sector workforce.
18 (C) CAREER AND TECHNICAL EDUCATION
19 DEFINED.—In this paragraph, the term ‘‘career
20 and technical education’’ has the meaning given
21 that term in section 3 of the Carl D. Perkins
22 Career and Technical Education Act of 2006
23 (20 U.S.C. 2302).
24 (5) COURSE-BASED UNDERGRADUATE RE-
25 SEARCH EXPERIENCES.—
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1 (A) IN GENERAL.—The Director shall
2 carry out a 4-year pilot program under which
3 the Director shall award grants, on a competi-
4 tive basis, to institutions of higher education
5 and non-profit organizations (or consortia of
6 such institutions or organizations) to establish
7 a total of not fewer than five Centers to develop
8 and scale up successful models for providing
9 undergraduate students with hands-on, dis-
10 covery-based research courses.
11 (B) USE OF FUNDS.—Grants made under
12 this paragraph shall be used to—
13 (i) develop, assess, and disseminate
14 models for providing undergraduate stu-
15 dents with course-based research experi-
16 ences across STEM disciplines and edu-
17 cation levels;
18 (ii) identify and address opportunities
19 and challenges in facilitating implementa-
20 tion across a broad range of institution
21 types, including minority-serving institu-
22 tions and community colleges;
23 (iii) identify and develop best prac-
24 tices to address barriers for faculty, includ-
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1 ing institutional culture, resources, and in-
2 centive structures;
3 (iv) identify and address factors that
4 may facilitate or discourage participation
5 by students from all backgrounds;
6 (v) provide faculty with curriculum,
7 professional development, training, net-
8 working opportunities, and other support
9 to enable the development, adaptation, or
10 expansion of a discovery-based research
11 course; and
12 (vi) collect data and carry out re-
13 search to evaluate the impacts of course-
14 based undergraduate research experiences
15 on the STEM workforce.
16 (C) PARTNERSHIPS.—In making awards
17 under this paragraph, the Director shall con-
18 sider the extent to which the proposed Center
19 will establish partnerships among multiple types
20 of academic institutions, including community
21 colleges, emerging research institutions, histori-
22 cally Black colleges and universities, Tribal Col-
23 leges or Universities, and minority serving insti-
24 tutions, the private sector, and other relevant
25 stakeholders in supporting programs and activi-
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1 ties to facilitate faculty training and the wide-
2 spread and sustained implementation of prom-
3 ising, evidence-based practices, models, pro-
4 grams, and curriculum.
5 (D) REPORT.—Not later than 180 days
6 after the date on which the pilot program is
7 completed, the Director shall submit to Con-
8 gress a report that includes—
9 (i) an assessment, that includes feed-
10 back from the research community, of the
11 effectiveness of the pilot program in in-
12 creasing the number, diversity, and work-
13 force readiness of STEM graduates; and
14 (ii) if determined to be effective, a
15 plan for permanent implementation of the
16 pilot program.
17 (c) ADVANCED TECHNOLOGICAL MANUFACTURING
18 ACT.—
19 (1) FINDINGS AND PURPOSE.—Section 2 of the
20 Scientific and Advanced-Technology Act of 1992 (42
21 U.S.C. 1862h) is amended—
22 (A) in subsection (a)—
23 (i) in paragraph (3), by striking
24 ‘‘science, mathematics, and technology’’
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1 and inserting ‘‘science, technology, engi-
2 neering, and mathematics or STEM’’;
3 (ii) in paragraph (4), by inserting
4 ‘‘educated’’ and before ‘‘trained’’; and
5 (iii) in paragraph (5), by striking
6 ‘‘scientific and technical education and
7 training’’ and inserting ‘‘STEM education
8 and training’’; and
9 (B) in subsection (b)—
10 (i) in paragraph (2), by striking
11 ‘‘mathematics and science’’ and inserting
12 ‘‘STEM fields’’; and
13 (ii) in paragraph (4), by striking
14 ‘‘mathematics and science instruction’’ and
15 inserting ‘‘STEM instruction’’.
16 (2) MODERNIZING REFERENCES TO STEM.—
17 Section 3 of the Scientific and Advanced-Technology
18 Act of 1992 (42 U.S.C. 1862i) is amended—
19 (A) in the section heading, by striking
20 ‘‘SCIENTIFIC AND TECHNICAL EDUCATION
21 ’’ and inserting ‘‘STEM EDUCATION’’;
22 (B) in subsection (a)—
23 (i) in the subsection heading, by strik-
24 ing ‘‘SCIENTIFIC AND TECHNICAL EDU-
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1 CATION ’’ and inserting ‘‘STEM EDU-
2 CATION’’;
3 (ii) in the matter preceding paragraph
4 (1)—
5 (I) by inserting ‘‘and education
6 to prepare the skilled technical work-
7 force to meet workforce demands’’ be-
8 fore ‘‘, and to improve’’;
9 (II) by striking ‘‘core education
10 courses in science and mathematics’’
11 and inserting ‘‘core education courses
12 in STEM fields’’;
13 (III) by inserting ‘‘veterans and
14 individuals engaged in’’ before ‘‘work
15 in the home’’; and
16 (IV) by inserting ‘‘and on build-
17 ing a pathway from secondary schools,
18 to associate-degree-granting institu-
19 tions, to careers that require technical
20 training’’ before ‘‘, and shall be de-
21 signed’’;
22 (iii) in paragraph (1)—
23 (I) by inserting ‘‘and study’’
24 after ‘‘development’’; and
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1 (II) by striking ‘‘core science and
2 mathematics courses’’ and inserting
3 ‘‘core STEM courses’’;
4 (iv) in paragraph (2), by striking
5 ‘‘science, mathematics, and advanced-tech-
6 nology fields’’ and inserting ‘‘STEM and
7 advanced-technology fields’’;
8 (v) in paragraph (3)(A), by inserting
9 ‘‘to support the advanced-technology indus-
10 tries that drive the competitiveness of the
11 United States in the global economy’’ be-
12 fore the semicolon at the end;
13 (vi) in paragraph (4), by striking ‘‘sci-
14 entific and advanced-technology fields’’ and
15 inserting ‘‘STEM and advanced-technology
16 fields’’; and
17 (vii) in paragraph (5), by striking
18 ‘‘advanced scientific and technical edu-
19 cation’’ and inserting ‘‘advanced STEM
20 and advanced-technology’’;
21 (C) in subsection (c)—
22 (i) in paragraph (1)—
23 (I) in subparagraph (A)—
24 (aa) in the matter preceding
25 clause (i), by striking ‘‘to encour-
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1 age’’ and all that follows through
2 ‘‘such means as—’’ and inserting
3 ‘‘to encourage the development of
4 career and educational pathways
5 with multiple entry and exit
6 points leading to credentials and
7 degrees, and to assist students
8 pursuing pathways in STEM
9 fields to transition from asso-
10 ciate-degree-granting colleges to
11 bachelor-degree-granting institu-
12 tions, through such means as—’’;
13 (bb) in clause (i), by striking
14 ‘‘to ensure’’ and inserting ‘‘to de-
15 velop articulation agreements
16 that ensure’’; and
17 (cc) in clause (ii), by strik-
18 ing ‘‘courses at the bachelor-de-
19 gree-granting institution’’ and in-
20 serting ‘‘the career and edu-
21 cational pathways supported by
22 the articulation agreements’’;
23 (II) in subparagraph (B)—
24 (aa) in clause (i), by insert-
25 ing ‘‘veterans and individuals en-
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1 gaged in’’ before ‘‘work in the
2 home’’;
3 (bb) in clause (iii)—
4 (AA) by striking ‘‘bach-
5 elor’s-degree-granting insti-
6 tutions’’ and inserting ‘‘in-
7 stitutions or work sites’’;
8 and
9 (BB) by inserting ‘‘or
10 industry internships’’ after
11 ‘‘summer programs’’; and
12 (cc) by striking the flush
13 text following clause (iv); and
14 (III) by striking subparagraph
15 (C);
16 (ii) in paragraph (2)—
17 (I) by striking ‘‘mathematics and
18 science programs’’ and inserting
19 ‘‘STEM programs’’;
20 (II) by inserting ‘‘and, as appro-
21 priate, elementary schools,’’ after
22 ‘‘with secondary schools’’;
23 (III) by striking ‘‘mathematics
24 and science education’’ and inserting
25 ‘‘STEM education’’;
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1 (IV) by striking ‘‘secondary
2 school students’’ and inserting ‘‘stu-
3 dents at these schools’’;
4 (V) by striking ‘‘science and ad-
5 vanced-technology fields’’ and insert-
6 ing ‘‘STEM and advanced-technology
7 fields’’; and
8 (VI) by striking ‘‘agreements
9 with local educational agencies’’ and
10 inserting ‘‘articulation agreements or
11 dual credit courses with local sec-
12 ondary schools, or other means as the
13 Director determines appropriate,’’;
14 and
15 (iii) in paragraph (3)—
16 (I) by striking subparagraph (B);
17 (II) by striking ‘‘shall—’’and all
18 that follows through ‘‘establish a’’ and
19 inserting ‘‘shall establish a’’;
20 (III) by striking ‘‘the fields of
21 science, technology, engineering, and
22 mathematics’’ and inserting ‘‘STEM
23 fields’’; and
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1 (IV) by striking ‘‘; and’’ and in-
2 serting ‘‘, including jobs at Federal
3 and academic laboratories.’’;
4 (D) in subsection (d)(2)—
5 (i) in subparagraph (D), by striking
6 ‘‘and’’ after the semicolon;
7 (ii) in subparagraph (E), by striking
8 the period at the end and inserting a ‘‘;
9 and’’; and
10 (iii) by adding at the end the fol-
11 lowing:
12 ‘‘(F) as appropriate, applications that
13 apply the best practices for STEM education
14 and technical skills education through distance
15 learning or in a simulated work environment, as
16 determined by research described in subsection
17 (f); and’’;
18 (E) in subsection (g), by striking the sec-
19 ond sentence;
20 (F) in subsection (h)(1)—
21 (i) in subparagraph (A), by striking
22 ‘‘2022’’ and inserting ‘‘2026’’;
23 (ii) in subparagraph (B), by striking
24 ‘‘2022’’ and inserting ‘‘2026’’; and
25 (iii) in subparagraph (C)—
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1 (I) by striking ‘‘up to
2 $2,500,000’’ and inserting ‘‘not less
3 than $3,000,000’’; and
4 (II) by striking ‘‘2022’’ and in-
5 serting ‘‘2026’’;
6 (G) in subsection (i)—
7 (i) by striking paragraph (3); and
8 (ii) by redesignating paragraphs (4)
9 and (5) as paragraphs (3) and (4), respec-
10 tively; and
11 (H) in subsection (j)—
12 (i) by striking paragraph (1) and in-
13 serting the following:
14 ‘‘(1) the term advanced-technology includes
15 technological fields such as advanced manufacturing,
16 agricultural-, biological- and chemical-technologies,
17 energy and environmental technologies, engineering
18 technologies, information technologies, micro and
19 nano-technologies, cybersecurity technologies,
20 geospatial technologies, and new, emerging tech-
21 nology areas;’’;
22 (ii) in paragraph (4), by striking
23 ‘‘separate bachelor-degree-granting institu-
24 tions’’ and inserting ‘‘other entities’’;
25 (iii) by striking paragraph (7);
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1 (iv) by redesignating paragraphs (8)
2 and (9) as paragraphs (7) and (8), respec-
3 tively;
4 (v) in paragraph (7), as redesignated
5 by subparagraph (D), by striking ‘‘and’’
6 after the semicolon;
7 (vi) in paragraph (8), as redesignated
8 by subparagraph (D)—
9 (I) by striking ‘‘mathematics,
10 science, engineering, or technology’’
11 and inserting ‘‘science, technology, en-
12 gineering, or mathematics’’; and
13 (II) by striking the period at the
14 end and inserting ‘‘; and’’; and
15 (vii) by adding at the end the fol-
16 lowing:
17 ‘‘(9) the term skilled technical workforce means
18 workers—
19 ‘‘(A) in occupations that use significant
20 levels of science and engineering expertise and
21 technical knowledge; and
22 ‘‘(B) whose level of educational attainment
23 is less than a bachelor degree.’’.
24 (3) AUTHORIZATION OF APPROPRIATIONS.—
25 Section 5 of the Scientific and Advanced-Technology
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1 Act of 1992 (42 U.S.C. 1862j) is amended to read
2 as follows:
3 ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
4 ‘‘There are authorized to be appropriated to the Di-
5 rector for carrying out sections 2 through 4, $150,000,000
6 for fiscal years 2022 through 2026.’’.
7 (d) GRADUATE STEM EDUCATION.—
8 (1) MENTORING AND PROFESSIONAL DEVELOP-
9 MENT.—
10 (A) MENTORING PLANS.—
11 (i) UPDATE.—Section 7008 of the
12 America Creating Opportunities to Mean-
13 ingfully Promote Excellence in Technology,
14 Education, and Science Act (42 U.S.C.
15 1862o) is amended by—
16 (I) inserting ‘‘and graduate stu-
17 dent’’ after ‘‘postdoctoral’’; and
18 (II) inserting ‘‘The requirement
19 may be satisfied by providing such in-
20 dividuals with access to mentors, in-
21 cluding individuals not listed on the
22 grant.’’ after ‘‘review criterion.’’.
23 (ii) EVALUATION.—Not later than 45
24 days after the date of enactment of this
25 Act, the Director shall enter into an agree-
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1 ment with a qualified independent organi-
2 zation to evaluate the effectiveness of the
3 postdoctoral mentoring plan requirement
4 for improving mentoring for Foundation-
5 supported postdoctoral researchers.
6 (B) CAREER EXPLORATION.—
7 (i) IN GENERAL.—The Director shall
8 award grants, on a competitive basis, to in-
9 stitutions of higher education and non-
10 profit organizations (or consortia of such
11 institutions or organizations) to develop in-
12 novative approaches for facilitating career
13 exploration of academic and non-academic
14 career options and for providing oppor-
15 tunity-broadening experiences, including
16 work-integrated opportunities, for graduate
17 students and postdoctoral scholars that
18 can then be considered, adopted, or adapt-
19 ed by other institutions and to carry out
20 research on the impact and outcomes of
21 such activities.
22 (ii) REVIEW OF PROPOSALS.—In se-
23 lecting grant recipients under this subpara-
24 graph, the Director shall consider, at a
25 minimum—
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1 (I) the extent to which the ad-
2 ministrators of the institution are
3 committed to making the proposed ac-
4 tivity a priority; and
5 (II) the likelihood that the insti-
6 tution or organization will sustain or
7 expand the proposed activity effort be-
8 yond the period of the grant.
9 (C) DEVELOPMENT PLANS.—The Director
10 shall require that annual project reports for
11 awards that support graduate students and
12 postdoctoral scholars include certification by the
13 principal investigator that each graduate stu-
14 dent and postdoctoral scholar receiving substan-
15 tial support from such award, as determined by
16 the Director, in consultation with faculty advi-
17 sors, has developed and annually updated an in-
18 dividual development plan to map educational
19 goals, career exploration, and professional de-
20 velopment.
21 (D) PROFESSIONAL DEVELOPMENT SUP-
22 PLEMENT.—The Director shall carry out a five-
23 year pilot initiative to award up to 2,500 ad-
24 ministrative supplements of up to $2,000 to ex-
25 isting research grants annually, on a competi-
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1 tive basis, to support professional development
2 experiences for graduate students and
3 postdoctoral researchers who receive a substan-
4 tial portion of their support under such grants,
5 as determined by the Director. Not more than
6 10 percent of supplements awarded under this
7 subparagraph may be used to support profes-
8 sional development experiences for postdoctoral
9 researchers.
10 (E) GRADUATE EDUCATION RESEARCH.—
11 The Director shall award grants, on a competi-
12 tive basis, to institutions of higher education or
13 non-profit organizations (or consortia of such
14 institutions or organizations) to support re-
15 search on the graduate education system and
16 outcomes of various interventions and policies,
17 including—
18 (i) the effects of traineeships, fellow-
19 ships, internships, and teaching and re-
20 search assistantships on outcomes for
21 graduate students;
22 (ii) the effects of graduate education
23 and mentoring policies and procedures on
24 degree completion, including differences
25 by—
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1 (I) gender, race and ethnicity,
2 sexual orientation, gender identity,
3 and citizenship; and
4 (II) student debt load;
5 (iii) the development and assessment
6 of new or adapted interventions, including
7 approaches that improve mentoring rela-
8 tionships, develop conflict management
9 skills, and promote healthy research teams;
10 and
11 (iv) research, data collection, and as-
12 sessment of the state of graduate student
13 mental health and wellbeing, factors con-
14 tributing to and consequences of poor
15 graduate student mental health, and the
16 development, adaptation, and assessment
17 of evidence-based strategies and policies to
18 support emotional wellbeing and mental
19 health.
20 (2) GRADUATE RESEARCH FELLOWSHIP PRO-
21 GRAM UPDATE.—
22 (A) SENSE OF CONGRESS.—It is the sense
23 of Congress that the Foundation should in-
24 crease the number of new graduate research fel-
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1 lows supported annually over the next 5 years
2 to no fewer than 3,000 fellows.
3 (B) PROGRAM UPDATE.—Section 10 of the
4 National Science Foundation Act of 1950 (42
5 U.S.C. 1869) is amended—
6 (i) in subsection (a), by inserting
7 ‘‘and as will address national workforce de-
8 mand in critical STEM fields’’ after
9 ‘‘throughout the United States’’;
10 (ii) in subsection (b), by striking ‘‘of
11 $12,000’’ and inserting ‘‘of at least
12 $16,000’’; and
13 (iii) by adding at the end the fol-
14 lowing:
15 ‘‘(c) OUTREACH.—The Director shall ensure program
16 outreach to recruit fellowship applicants from fields of
17 study that are in areas of critical national need, from all
18 regions of the country, and from historically underrep-
19 resented populations in STEM.’’.
20 (C) CYBERSECURITY SCHOLARSHIPS AND
21 GRADUATE FELLOWSHIPS.—The Director shall
22 ensure that students pursuing master’s degrees
23 and doctoral degrees in fields relating to cyber-
24 security are considered as applicants for schol-
25 arships and graduate fellowships under the
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1 Graduate Research Fellowship Program under
2 section 10 of the National Science Foundation
3 Act of 1950 (42 U.S.C. 1869).
4 (3) STUDY ON GRADUATE STUDENT FUND-
5 ING.—
6 (A) IN GENERAL.—Not later than 45 days
7 after the date of enactment of this Act, the Di-
8 rector shall enter into an agreement with a
9 qualified independent organization to evalu-
10 ate—
11 (i) the role of the Foundation in sup-
12 porting graduate student education and
13 training through fellowships, traineeships,
14 and other funding models; and
15 (ii) the impact of different funding
16 mechanisms on graduate student experi-
17 ences and outcomes, including whether
18 such mechanisms have differential impacts
19 on subsets of the student population.
20 (B) REPORT.—Not later than 1 year after
21 the date of enactment of this Act, the organiza-
22 tion charged with carrying out the study under
23 subparagraph (A) shall publish the results of its
24 evaluation, including a recommendation for the
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1 appropriate balance between fellowships,
2 traineeships, and other funding models.
3 (4) FELLOWSHIPS AND TRAINEESHIPS FOR
4 EARLY-CAREER AI RESEARCHERS.—
5 (A) ARTIFICIAL INTELLIGENCE
6 TRAINEESHIPS.—
7 (i) IN GENERAL.—The Director shall
8 award grants to institutions of higher edu-
9 cation to establish traineeship programs
10 for graduate students who pursue artificial
11 intelligence-related research leading to a
12 masters or doctorate degree by providing
13 funding and other assistance, and by pro-
14 viding graduate students opportunities for
15 research experiences in government or in-
16 dustry related to the students’ artificial in-
17 telligence studies.
18 (ii) USE OF FUNDS.—A institution of
19 higher education shall use grant funds pro-
20 vided under clause (i) for the purposes
21 of—
22 (I) providing traineeships to stu-
23 dents who are pursuing research in
24 artificial intelligence leading to a mas-
25 ters or doctorate degree;
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1 (II) paying tuition and fees for
2 students receiving traineeships;
3 (III) creating and requiring
4 courses or training programs in tech-
5 nology ethics for students receiving
6 traineeships;
7 (IV) creating opportunities for
8 research in technology ethics for stu-
9 dents receiving traineeships;
10 (V) establishing scientific intern-
11 ship programs for students receiving
12 traineeships in artificial intelligence at
13 for-profit institutions, nonprofit re-
14 search institutions, or government lab-
15 oratories; and
16 (VI) other costs associated with
17 the administration of the program.
18 (B) ARTIFICIAL INTELLIGENCE FELLOW-
19 SHIPS.—The Director shall award fellowships to
20 masters and doctoral students and postdoctoral
21 researchers who are pursuing degrees or re-
22 search in artificial intelligence and related
23 fields, including in the field of technology eth-
24 ics. In making such awards, the Director shall
25 conduct outreach, including through formal so-
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1 licitations, to solicit proposals from students
2 and postdoctoral researchers seeking to carry
3 out research in aspects of technology ethics
4 with relevance to artificial intelligence systems.
5 (e) STEM WORKFORCE DATA.—
6 (1) SKILLED TECHNICAL WORKFORCE PORT-
7 FOLIO REVIEW.—
8 (A) IN GENERAL.—Not later than 1 year
9 after the date of enactment of this Act, the Di-
10 rector shall conduct a full portfolio analysis of
11 the Foundation’s skilled technical workforce in-
12 vestments across all Directorates in the areas of
13 education, research, infrastructure, data collec-
14 tion, and analysis.
15 (B) REPORT.—Not later than 180 days
16 after the date of the review under subparagraph
17 (A) is complete, the Director shall submit to
18 Congress and make widely available to the pub-
19 lic a summary report of the portfolio review.
20 (2) SURVEY DATA.—
21 (A) ROTATING TOPIC MODULES.—To meet
22 evolving needs for data on the state of the
23 science and engineering workforce, the Director
24 shall assess, through coordination with other
25 Federal statistical agencies and drawing on
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1 input from relevant stakeholders, the feasibility
2 and benefits of incorporating questions or topic
3 modules to existing National Center for Science
4 and Engineering Statistics surveys that would
5 vary from cycle to cycle.
6 (B) NEW DATA.—Not later than 1 year
7 after the date of enactment of this Act, the Di-
8 rector shall submit to Congress and the Board
9 the results of an assessment, carried out in co-
10 ordination with other Federal agencies and with
11 input from relevant stakeholders, of the feasi-
12 bility and benefits of incorporating new ques-
13 tions or topic modules to existing National Cen-
14 ter for Science and Engineering Statistics sur-
15 veys on—
16 (i) the skilled technical workforce;
17 (ii) working conditions and work-life
18 balance;
19 (iii) harassment and discrimination;
20 (iv) sexual orientation and gender
21 identity;
22 (v) immigration and emigration; and
23 (vi) any other topics at the discretion
24 of the Director.
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1 (C) LONGITUDINAL DESIGN.—The Direc-
2 tor shall continue and accelerate efforts to en-
3 hance the usefulness of National Center for
4 Science and Engineering Statistics survey data
5 for longitudinal research and analysis.
6 (D) GOVERNMENT ACCOUNTABILITY OF-
7 FICE REVIEW.—Not later than 1 year after the
8 date of enactment of this Act, the Comptroller
9 General of the United States shall submit a re-
10 port to Congress that—
11 (i) evaluates Foundation processes for
12 ensuring the data and analysis produced
13 by the National Center for Science and
14 Engineering Statistics meets current and
15 future needs; and
16 (ii) includes such recommendations as
17 the Comptroller General determines are
18 appropriate to improve such processes.
19 (f) CYBER WORKFORCE DEVELOPMENT RESEARCH
20 AND DEVELOPMENT.—
21 (1) IN GENERAL.—The Director shall award
22 grants on a merit-reviewed, competitive basis to in-
23 stitutions of higher education or non-profit organiza-
24 tions (or a consortia of such institutions or organiza-
25 tions) to carry out research on the cyber workforce.
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1 (2) RESEARCH.—In carrying out research pur-
2 suant to paragraph (1), the Director shall support
3 research and development activities to—
4 (A) understand the current state of the
5 cyber workforce, including factors that influence
6 growth, retention, and development of that
7 workforce;
8 (B) examine paths to entry and re-entry
9 into the cyber workforce;
10 (C) understand trends of the cyber work-
11 force, including demographic representation,
12 educational and professional backgrounds
13 present, competencies available, and factors
14 that shape employee recruitment, development,
15 and retention and how to increase the size, di-
16 versity, and capability of the cyber workforce;
17 (D) examine and evaluate training prac-
18 tices, models, programs, and technologies; and
19 (E) other closely related topics as the Di-
20 rector determines appropriate.
21 (3) REQUIREMENTS.—In carrying out the ac-
22 tivities described in paragraph (2), the Director
23 shall—
24 (A) collaborate with the National Institute
25 of Standards and Technology, including the Na-
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1 tional Initiative for Cybersecurity Education,
2 the Department of Homeland Security, the De-
3 partment of Defense, the Office of Personnel
4 Management, and other Federal departments
5 and agencies, as appropriate;
6 (B) align with or build on the National
7 Initiative on Cybersecurity Education Cyberse-
8 curity Workforce Framework wherever prac-
9 ticable and applicable;
10 (C) leverage the collective body of knowl-
11 edge from existing cyber workforce development
12 research and education activities; and
13 (D) engage with other Federal depart-
14 ments and agencies, research communities, and
15 potential users of information produced under
16 this subsection.
17 (g) FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE
18 PROGRAM.—
19 (1) SENSE OF CONGRESS.—It is the sense of
20 Congress that—
21 (A) since cybersecurity risks are constant
22 in the growing digital world, it is critical that
23 the United States stay ahead of malicious cyber
24 activity with a workforce that can safeguard
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1 our innovation, research, and work environ-
2 ments; and
3 (B) Federal investments in the Federal
4 Cyber Scholarship-for-Service Program at the
5 National Science Foundation play a critical role
6 in preparing and sustaining a strong, talented,
7 and much-needed national cybersecurity work-
8 force and should be strengthened.
9 (2) IN GENERAL.—Section 302(b)(1) of the Cy-
10 bersecurity Enhancement Act of 2014 (15 U.S.C.
11 7442(b)(1)) is amended by striking the semicolon at
12 the end and inserting the following ‘‘and cybersecu-
13 rity-related aspects of other related fields as appro-
14 priate, including artificial intelligence, quantum com-
15 puting and aerospace;’’.
16 (h) CYBERSECURITY WORKFORCE DATA INITIA-
17 TIVE.—The Director, acting through the National Center
18 for Science and Engineering Statistics established in sec-
19 tion 505 of the America COMPETES Reauthorization Act
20 of 2010 (42 U.S.C. 1862p) and in coordination with the
21 Director of the National Institute of Standards and Tech-
22 nology and other appropriate Federal statistical agencies,
23 shall establish a cybersecurity workforce data initiative
24 that—
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1 (1) assesses the feasibility of providing nation-
2 ally representative estimates and statistical informa-
3 tion on the cybersecurity workforce;
4 (2) utilizes the National Initiative for Cyberse-
5 curity Education (NICE) Cybersecurity Workforce
6 Framework (NIST Special Publication 800–181), or
7 other frameworks, as appropriate, to enable a con-
8 sistent measurement of the cybersecurity workforce;
9 (3) utilizes and complements existing data on
10 employer requirements and unfilled positions in the
11 cybersecurity workforce;
12 (4) consults key stakeholders and the broader
13 community of practice in cybersecurity workforce de-
14 velopment to determine data requirements needed to
15 strengthen the cybersecurity workforce;
16 (5) evaluates existing Federal survey data for
17 information pertinent to developing national esti-
18 mates of the cybersecurity workforce;
19 (6) evaluates administrative data and other
20 supplementary data sources, as available, to describe
21 and measure the cybersecurity workforce; and
22 (7) collects statistical data, to the greatest ex-
23 tent practicable, on credential attainment and em-
24 ployment outcomes information for the cybersecurity
25 workforce.
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1 (i) INCORPORATION OF ART AND DESIGN INTO CER-
2 TAIN STEM EDUCATION .—Section 9(a) of the National
3 Science Foundation Authorization Act of 2002 (42 U.S.C.
4 1862n(a)) is amended—
5 (1) in paragraph (3)—
6 (A) in subparagraph (M), by striking
7 ‘‘and’’ at the end;
8 (B) by redesignating subparagraph (N) as
9 subparagraph (O); and
10 (C) after subparagraph (M), by inserting
11 the following new subparagraph:
12 ‘‘(N) developing science, technology, engi-
13 neering, and mathematics educational cur-
14 riculum that incorporates art and design to pro-
15 mote creativity and innovation; and’’; and
16 (2) in paragraph (10)(A)—
17 (A) in clause (xi), by striking ‘‘and’’ at the
18 end;
19 (B) in clause (xii), by striking the period
20 and inserting ‘‘; and’’; and
21 (C) after clause (xii), by inserting the fol-
22 lowing new clause:
23 ‘‘(xiii) have a component that includes
24 the integration of art and design principles
25 and processes.’’.
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1 (j) MANDATORY COST-SHARING.—
2 (1) WAIVER.—The cost-sharing requirements
3 under section 7036(c) of the America Creating Op-
4 portunities to Meaningfully Promote Excellence in
5 Technology, Education, and Science Act (42 U.S.C.
6 1862o–14(c)) for the Major Research Instrumenta-
7 tion Program and under section 10A(i) of the Na-
8 tional Science Foundation Authorization Act of 2002
9 (42 U.S.C. 1862n–1a(i)) for teaching fellowships ad-
10 ministered within the Robert Noyce Teacher Schol-
11 arship Program are waived for a period of 5 years
12 following the date of enactment of this Act.
13 (2) ASSESSMENT.—Not later than 5 years fol-
14 lowing the date of enactment of this Act, the Direc-
15 tor shall submit to Congress an assessment, that in-
16 cludes feedback from the research community, of the
17 impacts of the waivers provided under paragraph
18 (1), including—
19 (A) programmatic and scientific goals;
20 (B) institutional commitment and steward-
21 ship of Federal resources;
22 (C) institutional strategic planning and ad-
23 ministrative burden;
24 (D) equity among grantee institutions; and
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1 (E) recommendations for or against ex-
2 tending or making permanent such waivers.
3 (k) INTEGRATING ART AND DESIGN INTO NATIONAL
4 SCIENCE FOUNDATION INFORMAL STEM EDUCATION
5 PROGRAM.—Section 3 of the STEM Education Act of
6 2015 (42 U.S.C. 1862q) is amended—
7 (1) in subsection (a)—
8 (A) in paragraph (2), by striking ‘‘and’’ at
9 the end;
10 (B) in paragraph (3), by striking the pe-
11 riod and inserting ‘‘; and’’; and
12 (C) by adding at the end the following:
13 ‘‘(4) the integration of art and design in STEM
14 educational programs.’’;
15 (2) in subsection (b)—
16 (A) in paragraph (3), by striking ‘‘and’’ at
17 the end;
18 (B) in paragraph (4), by striking the pe-
19 riod and inserting ‘‘; and’’; and
20 (C) by adding at the end the following:
21 ‘‘(5) design and testing of programming that
22 integrates art and design in STEM education to pro-
23 mote creativity and innovation.’’; and
24 (3) in subsection (c)(2)(B), as added by sub-
25 section (a)(4) of this section—
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1 (A) in clause (ix), by striking ‘‘and’’ at the
2 end;
3 (B) in clause (x), by striking the period
4 and inserting ‘‘; and;’’; and
5 (C) by adding at the end the following:
6 ‘‘(xi) the design and testing of pro-
7 gramming that integrates art and design
8 in STEM education to promote creativity
9 and innovation.’’.
10 SEC. 10305. BROADENING PARTICIPATION.
11 (a) PRESIDENTIAL AWARDS FOR EXCELLENCE IN
12 MATHEMATICS AND SCIENCE TEACHING.—
13 (1) IN GENERAL.—Section 117(a) of the Na-
14 tional Science Foundation Authorization Act of 1988
15 (42 U.S.C. 1881b(a)) is amended—
16 (A) in subparagraph (B)—
17 (i) by striking ‘‘108’’ and inserting
18 ‘‘110’’;
19 (ii) by striking clause (iv);
20 (iii) in clause (v), by striking the pe-
21 riod at the end and inserting ‘‘; and’’;
22 (iv) by redesignating clauses (i), (ii),
23 (iii), and (v) as subclauses (I), (II), (III),
24 and (IV), respectively, and moving the
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1 margins of such subclauses (as so redesig-
2 nated) two ems to the right; and
3 (v) by striking ‘‘In selecting teachers’’
4 and all that follows through ‘‘two teach-
5 ers—’’ and inserting the following:
6 ‘‘(C) In selecting teachers for an award authorized
7 by this subsection, the President shall select—
8 ‘‘(i) at least two teachers—’’; and
9 (B) in subparagraph (C), as designated by
10 paragraph (1)(A)(v), by adding at the end the
11 following:
12 ‘‘(ii) at least one teacher—
13 ‘‘(I) from the Commonwealth of the North-
14 ern Mariana Islands;
15 ‘‘(II) from American Samoa;
16 ‘‘(III) from the Virgin Islands of the
17 United States; and
18 ‘‘(IV) from Guam.’’.
19 (2) EFFECTIVE DATE.—The amendments made
20 by paragraph (1) shall apply with respect to awards
21 made on or after the date of the enactment of this
22 Act.
23 (b) ROBERT NOYCE TEACHER SCHOLARSHIP PRO-
24 GRAM UPDATE.—
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1 (1) SENSE OF CONGRESS.—It is the sense of
2 Congress that over the next five years the Founda-
3 tion should increase the number of scholarships
4 awarded under the Robert Noyce Teacher Scholar-
5 ship program established under section 10 of the
6 National Science Foundation Authorization Act of
7 2002 (42 U.S.C. 1862n–1) by 50 percent.
8 (2) OUTREACH.—To increase the diversity of
9 participants, the Director shall support symposia, fo-
10 rums, conferences, and other activities to expand
11 and enhance outreach to—
12 (A) historically Black colleges and univer-
13 sities that are part B institutions, as defined in
14 section 322(2) of the Higher Education Act of
15 1965 (20 U.S.C. 1061(2));
16 (B) Tribal Colleges or Universities;
17 (C) Minority serving institutions;
18 (D) institutions of higher education that
19 are located near or serve rural communities;
20 (E) labor organizations;
21 (F) emerging research institutions; and
22 (G) higher education programs that serve
23 or support veterans.
24 (c) NSF INCLUDES INITIATIVE.—The Director
25 shall award grants and cooperative agreements, on a com-
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1 petitive basis, to institutions of higher education or non-
2 profit organizations (or consortia of such institutions or
3 organizations) to carry out a comprehensive national ini-
4 tiative to facilitate the development of networks and part-
5 nerships to build on and scale up effective practices in
6 broadening participation in STEM studies and careers of
7 groups historically underrepresented in such studies and
8 careers.
9 (d) BROADENING PARTICIPATION ON MAJOR FACILI-
10 TIES AWARDS.—The Director shall require organizations
11 seeking a cooperative agreement for the management of
12 the operations and maintenance of a Foundation project
13 to demonstrate prior experience and current capabilities
14 in employing best practices in broadening participation in
15 science and engineering and ensure implementation of
16 such practices is considered in oversight of the award.
17 (e) PARTNERSHIPS WITH EMERGING RESEARCH IN-
18 STITUTIONS.—The Director shall establish a five-year
19 pilot program to enhance partnerships between emerging
20 research institutions and institutions classified as very
21 high research activity by the Carnegie Classification of In-
22 stitutions of Higher Education at the time of application.
23 In carrying out this program, the Director shall—
24 (1) require that each proposal submitted by a
25 multi-institution collaboration for an award, includ-
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1 ing those under section 10309, that exceeds
2 $1,000,000, as appropriate, specify how the appli-
3 cants will support substantive, meaningful, and mu-
4 tually-beneficial partnerships with one or more
5 emerging research institutions;
6 (2) require awardees funded under paragraph
7 (1) to direct no less than 25 percent of the total
8 award to one or more emerging research institutions
9 to build research capacity, including through support
10 for faculty salaries and training, field and laboratory
11 research experiences for undergraduate and grad-
12 uate students, and maintenance and repair of re-
13 search equipment and instrumentation;
14 (3) require awardees funded under paragraph
15 (1) to report on the partnership activities as part of
16 the annual reporting requirements of the Founda-
17 tion;
18 (4) solicit feedback on the partnership directly
19 from partner emerging research institutions, in such
20 form as the Director deems appropriate; and
21 (5) submit a report to Congress after the third
22 year of the pilot program that includes—
23 (A) an assessment, drawing on feedback
24 from the research community and other sources
25 of information, of the effectiveness of the pilot
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1 program for improving the quality of partner-
2 ships with emerging research institutions; and
3 (B) if deemed effective, a plan for perma-
4 nent implementation of the pilot program.
5 (f) TRIBAL COLLEGES AND UNIVERSITIES PROGRAM
6 UPDATE.—
7 (1) IN GENERAL.—Section 525 of the America
8 COMPETES Reauthorization Act of 2010 (42
9 U.S.C. 1862p–13) is amended—
10 (A) in subsection (a) by—
11 (i) striking ‘‘Native American’’ and
12 inserting ‘‘American Indian, Alaska Na-
13 tive, and Native Hawaiian’’;
14 (ii) inserting ‘‘post-secondary creden-
15 tials and’’ before ‘‘associate’s’’; and
16 (iii) striking ‘‘or baccalaureate de-
17 grees’’ and inserting ‘‘, baccalaureate, and
18 graduate degrees’’; and
19 (B) in subsection (b) by striking ‘‘under-
20 graduate’’; and
21 (C) in subsection (c) by inserting ‘‘and
22 STEM’’ after ‘‘laboratory’’.
23 (2) AUTHORIZATION OF APPROPRIATIONS.—
24 There is authorized to be appropriated to the Direc-
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1 tor to carry out this program $107,250,000 for fis-
2 cal year 2022 through fiscal year 2026.
3 (g) DIVERSITY IN TECH RESEARCH.—The Director
4 shall award grants, on a competitive basis, to institutions
5 of higher education or non-profit organizations (or con-
6 sortia of such institutions or organizations) to support
7 basic and applied research that yields a scientific evidence
8 base for improving the design and emergence, development
9 and deployment, and management and ultimate effective-
10 ness of organizations of all kinds, including research re-
11 lated to diversity, equity, and inclusion in the technology
12 sector.
13 (h) CONTINUING SUPPORT FOR EPSCOR.—
14 (1) SENSE OF CONGRESS.—
15 (A) IN GENERAL.—It is the sense of Con-
16 gress that—
17 (i) since maintaining the Nation’s sci-
18 entific and economic leadership requires
19 the participation of talented individuals na-
20 tionwide, EPSCoR investments into State
21 research and education capacities are in
22 the Federal interest and should be sus-
23 tained; and
24 (ii) EPSCoR should maintain its ex-
25 perimental component by supporting inno-
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1 vative methods for improving research ca-
2 pacity and competitiveness.
3 (B) DEFINITION OF EPSCOR.—In this sub-
4 section, the term ‘‘EPSCoR’’ has the meaning
5 given the term in section 502 of the America
6 COMPETES Reauthorization Act of 2010 (42
7 U.S.C. 1862p note).
8 (2) UPDATE OF EPSCOR.—Section 517(f)(2) of
9 the America COMPETES Reauthorization Act of
10 2010 (42 U.S.C. 1862p–9(f)(2)) is amended—
11 (A) in subparagraph (A), by striking
12 ‘‘and’’ at the end; and
13 (B) by adding at the end the following:
14 ‘‘(C) to increase the capacity of rural com-
15 munities to provide quality STEM education
16 and STEM workforce development program-
17 ming to students, and teachers; and’’.
18 (i) FOSTERING STEM RESEARCH DIVERSITY AND
19 CAPACITY PROGRAM.—
20 (1) IN GENERAL.—The Director shall establish
21 a program to make awards on a competitive, merit-
22 reviewed basis to eligible institutions to implement
23 and study innovative approaches for building re-
24 search capacity in order to engage and retain stu-
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1 dents from a range of institutions and diverse back-
2 grounds in STEM.
3 (2) ELIGIBLE INSTITUTION DEFINED.—In this
4 subsection the term ‘‘eligible institution’’ means an
5 institution of higher education that, according to the
6 data published by the National Center for Science
7 and Engineering Statistics, is not, on average,
8 among the top 100 institutions in Federal research
9 and development expenditures during the 3 year pe-
10 riod prior to the year of the award.
11 (3) PURPOSE.—The program established in
12 paragraph (1) shall be focused on achieving simulta-
13 neous impacts at the student, faculty, and institu-
14 tional levels by increasing the research capacity at
15 eligible institutions and the number of under-
16 graduate and graduate students pursuing STEM de-
17 grees from eligible institutions.
18 (4) REQUIREMENTS.—In carrying out this pro-
19 gram, the Director shall—
20 (A) require eligible institutions seeking
21 funding under this subsection to submit an ap-
22 plication to the Director at such time, in such
23 manner, containing such information and assur-
24 ances as the Director may require. The applica-
25 tion shall include, at a minimum a description
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1 of how the eligible institution plans to sustain
2 the proposed activities beyond the duration of
3 the grant;
4 (B) require applicants to identify dis-
5 ciplines and focus areas in which the eligible in-
6 stitution can excel, and explain how the appli-
7 cant will use the award to build capacity to bol-
8 ster the institutional research competitiveness
9 of eligible entities to support grants awarded by
10 the Foundation and increase regional and na-
11 tional capacity in STEM;
12 (C) require the awards funded under this
13 subsection to support research and related ac-
14 tivities, which may include—
15 (i) development or expansion of re-
16 search programs in disciplines and focus
17 areas in subparagraph (B);
18 (ii) faculty recruitment and profes-
19 sional development in disciplines and focus
20 areas in subparagraph (B), including for
21 early-career researchers;
22 (iii) stipends for undergraduate and
23 graduate students participating in research
24 in disciplines and focus areas in subpara-
25 graph (B);
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1 (iv) acquisition of instrumentation
2 necessary to build research capacity at an
3 eligible institution in disciplines and focus
4 areas in subparagraph (B);
5 (v) an assessment of capacity-building
6 and research infrastructure needs;
7 (vi) administrative research develop-
8 ment support; and
9 (vii) other activities necessary to build
10 research capacity; and
11 (D) require that no eligible institution
12 should receive more than $10,000,000 in any
13 single year of funds made available under this
14 section.
15 (5) ADDITIONAL CONSIDERATIONS.—In award-
16 ing a grant under this subsection, the Director may
17 also consider—
18 (A) the extent to which the applicant will
19 support students from diverse backgrounds, in-
20 cluding first-generation undergraduate stu-
21 dents;
22 (B) the geographic and institutional diver-
23 sity of the applying institutions; and
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1 (C) how the applicants can leverage public-
2 private partnerships and existing partnerships
3 with Federal Research Agencies.
4 (6) DUPLICATION.—The Director shall ensure
5 the awards made under this subsection are com-
6 plementary and not duplicative of existing programs.
7 (7) REPORT.—The Director shall submit a re-
8 port to Congress after the third year of the program
9 that includes—
10 (A) an assessment of the effectiveness of
11 the program for growing the geographic and in-
12 stitutional diversity of institutions of higher
13 education receiving research awards from the
14 Foundation;
15 (B) an assessment of the quality, quantity
16 and geographic and institutional diversity of in-
17 stitutions of higher education conducting Foun-
18 dation-sponsored research since the establish-
19 ment of the program in this subsection;
20 (C) an assessment of the quantity and di-
21 versity of undergraduate and graduate students
22 graduating from eligible institutions with
23 STEM degrees; and
24 (D) statistical summary data on the pro-
25 gram, including the geographic and institutional
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1 allocation of award funding, the number and di-
2 versity of supported graduate and under-
3 graduate students, and how it contributes to ca-
4 pacity building at eligible entities.
5 (8) AUTHORIZATION OF APPROPRIATIONS.—
6 There is authorized to be appropriated to the Direc-
7 tor $150,000,000 for each of the fiscal years 2022
8 through 2026 to carry out the activities under this
9 subsection.
10 (j) CAPACITY-BUILDING PROGRAM FOR DEVELOPING
11 UNIVERSITIES.—
12 (1) IN GENERAL.—
13 (A) The Director shall make awards, on a
14 competitive basis, to eligible institutions de-
15 scribed in paragraph (2) to support the mission
16 of the Foundation and to build institutional re-
17 search capacity at eligible institutions.
18 (B) The Director shall administer separate
19 competitions for each category of eligible insti-
20 tution described in subclauses (I) through (IV)
21 of paragraph (2)(A)(i).
22 (2) ELIGIBLE INSTITUTION.—
23 (A) IN GENERAL.—To be eligible to receive
24 an award under this subsection, an institu-
25 tion—
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1 (i) shall be—
2 (I) a historically Black college or
3 university;
4 (II) a Tribal College or Univer-
5 sity;
6 (III) a minority-serving institu-
7 tion; or
8 (IV) 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; and
15 (ii) shall—
16 (I) have not more than
17 $50,000,000 in annual federally fi-
18 nanced research and development ex-
19 penditures for science and engineering
20 as reported through the National
21 Science Foundation Higher Education
22 Research and Development Survey; or
23 (II) not be an institution classi-
24 fied as having very high research ac-
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1 tivity by the Carnegie Classification of
2 Institutions of Higher Education.
3 (B) PARTNERSHIPS.—An eligible institu-
4 tion receiving a grant under this subsection
5 may carry out the activities of the grant
6 through a partnership with other entities, in-
7 cluding community colleges and other eligible
8 institutions.
9 (3) PROPOSALS.—To receive an award under
10 this subsection, an eligible institution shall submit
11 an application to the Director at such time, in such
12 manner, and containing such information as the Di-
13 rector may require, including a plan that describes
14 how the eligible institution will establish or expand
15 research office capacity and how such award would
16 be used to—
17 (A) conduct an assessment of capacity-
18 building and research infrastructure needs of
19 an eligible institution;
20 (B) enhance institutional resources to pro-
21 vide administrative research development sup-
22 port to faculty at an eligible institution;
23 (C) bolster the institutional research com-
24 petitiveness of an eligible institution to support
25 grants awarded by the Foundation;
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1 (D) support the acquisition of instrumen-
2 tation necessary to build research capacity at
3 an eligible institution in research areas directly
4 associated with the Foundation;
5 (E) increase capability of an eligible insti-
6 tution to move technology into the marketplace;
7 (F) increase engagement with industry to
8 execute research through the SBIR and STTR
9 programs (as defined in section 9(e) of the
10 Small Business Act (15 U.S.C. 638(e)) and di-
11 rect contracts at an eligible institution;
12 (G) provide student engagement and re-
13 search training opportunities at the under-
14 graduate, graduate, and postdoctoral levels at
15 an eligible institution;
16 (H) further faculty development initiatives
17 and strengthen institutional research training
18 infrastructure, capacity, and competitiveness of
19 an eligible institution; or
20 (I) address plans and prospects for long-
21 term sustainability of institutional enhance-
22 ments at an eligible institution resulting from
23 the award including, if applicable, how the
24 award may be leveraged by an eligible institu-
25 tion to build a broader base of support.
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1 (4) AWARDS.—Awards made under this sub-
2 section shall be for periods of 3 years, and may be
3 extended for periods of not more than 5 years.
4 (5) AUTHORIZATION OF APPROPRIATIONS.—
5 There are authorized to be appropriated to the Di-
6 rector $200,000,000 for fiscal year 2022 and
7 $250,000,000 for each of fiscal years 2023 through
8 2026 to carry out the activities in this title.
9 (k) CHIEF DIVERSITY OFFICER OF THE NSF.—
10 (1) CHIEF DIVERSITY OFFICER.—
11 (A) APPOINTMENT.—The Director shall
12 appoint a senior agency official within the Of-
13 fice of the Director as a Chief Diversity Officer.
14 (B) QUALIFICATIONS.—The Chief Diver-
15 sity Officer shall have significant experience,
16 within the Federal Government and the science
17 community, with diversity- and inclusion-related
18 matters, including—
19 (i) civil rights compliance;
20 (ii) harassment policy, reviews, and
21 investigations;
22 (iii) equal employment opportunity;
23 and
24 (iv) disability policy.
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1 (C) OVERSIGHT.—The Chief Diversity Of-
2 ficer shall direct the Office of Diversity and In-
3 clusion of the Foundation and report directly to
4 the Director in the performance of the duties of
5 the Chief Diversity Officer under this sub-
6 section.
7 (2) DUTIES.—The Chief Diversity Officer is re-
8 sponsible for providing advice on policy, oversight,
9 guidance, and coordination with respect to matters
10 of the Foundation related to diversity and inclusion,
11 including ensuring the geographic diversity of the
12 Foundation programs. Other duties may include—
13 (A) establishing and maintaining a stra-
14 tegic plan that publicly states a diversity defini-
15 tion, vision, and goals for the Foundation;
16 (B) defining a set of strategic metrics that
17 are—
18 (i) directly linked to key organiza-
19 tional priorities and goals;
20 (ii) actionable; and
21 (iii) actively used to implement the
22 strategic plan under paragraph (1);
23 (C) advising in the establishment of a stra-
24 tegic plan for diverse participation by individ-
25 uals and institutions of higher education, in-
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1 cluding community colleges, historically Black
2 colleges and universities, Tribal colleges or uni-
3 versities, minority-serving institutions, institu-
4 tions of higher education with an established
5 STEM capacity building program focused on
6 traditionally underrepresented populations in
7 STEM, including Native Hawaiians, Alaska
8 Natives, and Indians, and institutions from ju-
9 risdictions eligible to participate under section
10 113 of the National Science Foundation Au-
11 thorization Act of 1988 (42 U.S.C. 1862g);
12 (D) advising in the establishment of a
13 strategic plan for outreach to, and recruiting
14 from, untapped locations and underrepresented
15 populations;
16 (E) advising on a diversity and inclusion
17 strategy for the Foundation’s portfolio of
18 PreK–12 STEM education focused programs
19 and activities, including goals for addressing
20 barriers to participation;
21 (F) advising on the application of the
22 Foundation’s broader impacts review criterion;
23 and
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1 (G) performing such additional duties and
2 exercise such powers as the Director may pre-
3 scribe.
4 (3) FUNDING.—From any amounts appro-
5 priated for the Foundation for each of fiscal years
6 2022 through 2026, the Director shall allocate
7 $5,000,000 to carry out this subsection for each
8 such year.
9 (l) GRANT PROGRAM TO INCREASE THE PARTICIPA-
10 TION OF WOMEN AND UNDERREPRESENTED MINORITIES
11 IN STEM FIELDS.—
12 (1) PROGRAM AUTHORIZED.—The Director of
13 the National Science Foundation shall award grants
14 to eligible entities, on a competitive basis, to enable
15 such eligible entities to carry out the activities de-
16 scribed in paragraph (4), in order to increase the
17 participation of women and underrepresented mi-
18 norities in the fields of science, technology, engineer-
19 ing, and mathematics.
20 (2) APPLICATION.—Each eligible entity that de-
21 sires to receive a grant under this subsection shall
22 submit an application to the National Science Foun-
23 dation at such time, in such manner, and containing
24 such information as the Director of the National
25 Science Foundation may reasonably require.
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1 (3) AUTHORIZED ACTIVITIES.—An eligible enti-
2 ty that receives a grant under this subsection shall
3 use such grant funds to carry out one or more of the
4 following activities designed to increase the partici-
5 pation of women or minorities underrepresented in
6 science and engineering, or both:
7 (A) Online workshops.
8 (B) Mentoring programs that partner
9 science, technology, engineering, or mathe-
10 matics professionals with students.
11 (C) Internships for undergraduate and
12 graduate students in the fields of science, tech-
13 nology, engineering, and mathematics.
14 (D) Conducting outreach programs that
15 provide elementary school and secondary school
16 students with opportunities to increase their ex-
17 posure to the fields of science, technology, engi-
18 neering, or mathematics.
19 (E) Programs to increase the recruitment
20 and retention of underrepresented faculty.
21 (F) Such additional programs as the Di-
22 rector of the National Science Foundation may
23 determine.
24 (4) DEFINITIONS.—In this subsection—
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1 (A) the term ‘‘minority’’ means American
2 Indian, Alaskan Native, Black (not of Hispanic
3 origin), Hispanic (including persons of Mexican,
4 Puerto Rican, Cuban, and Central or South
5 American origin), Asian (including underrep-
6 resented subgroups), Native Hawaiian, Pacific
7 Islander origin subgroup, or other ethnic group
8 underrepresented in science and engineering;
9 and
10 (B) the term ‘‘underrepresented in science
11 and engineering’’ means a minority group
12 whose number of scientists and engineers per
13 10,000 population of that group is substantially
14 below the comparable figure for scientists and
15 engineers who are White and not of Hispanic
16 origin, as determined by the Secretary of Edu-
17 cation under section 637.4(b) of title 34, Code
18 of Federal Regulations.
19 (5) AUTHORIZATION OF APPROPRIATIONS.—
20 There are authorized to be appropriated to carry out
21 this subsection $15,000,000 for each of fiscal years
22 2023, 2024, 2025, 2026, and 2027.
23 SEC. 10306. FUNDAMENTAL RESEARCH.
24 (a) DEFINITIONS.—In this section:
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1 (1) COVERED INDIVIDUAL.—The term ‘‘covered
2 individual’’ means the principal investigator, co-prin-
3 cipal investigators, and any other person at the in-
4 stitution who is responsible for the design, conduct,
5 or reporting of research or educational activities
6 funded or proposed for funding by the Foundation.
7 (2) FOREIGN COUNTRY OF CONCERN.—The
8 term ‘‘foreign country of concern’’ means the Peo-
9 ple’s Republic of China, the Democratic People’s Re-
10 public of Korea, the Russian Federation, the Islamic
11 Republic of Iran, or any other country deemed to be
12 a country of concern as determined by the Depart-
13 ment of State.
14 (3) MALIGN FOREIGN GOVERNMENT TALENT
15 RECRUITMENT PROGRAM.—The term ‘‘malign for-
16 eign government talent recruitment program’’ means
17 any program or activity that includes compensation,
18 including cash, research funding, honorific titles,
19 promised future compensation, or other types of re-
20 muneration, provided by the foreign state or an enti-
21 ty sponsored by the foreign state to the targeted in-
22 dividual in exchange for the individual transferring
23 knowledge and expertise to the foreign country.
24 (b) BROADER IMPACTS.—
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1 (1) ASSESSMENT.—Not later than 45 days
2 after the date of enactment of this Act, the Director
3 shall enter into an agreement with a qualified inde-
4 pendent organization to assess how the Broader Im-
5 pacts review criterion is applied across the Founda-
6 tion and make recommendations for improving the
7 effectiveness for meeting the goals established in sec-
8 tion 526 of the America Creating Opportunities to
9 Meaningfully Promote Excellence in Technology,
10 Education, and Science Reauthorization Act of 2010
11 (42 U.S.C. 1862p–14).
12 (2) ACTIVITIES.—The Director shall award
13 grants on a competitive basis, to institutions of high-
14 er education or non-profit organizations (or con-
15 sortia of such institutions or organizations) to sup-
16 port activities to increase the efficiency, effective-
17 ness, and availability of resources for implementing
18 the Broader Impacts review criterion, including—
19 (A) training and workshops for program
20 officers, merit review panelists, grant office ad-
21 ministrators, faculty, and students to improve
22 understanding of the goals and the full range of
23 potential broader impacts available to research-
24 ers to satisfy this criterion;
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1 (B) repositories and clearinghouses for
2 sharing best practices and facilitating collabora-
3 tion; and
4 (C) tools for evaluating and documenting
5 societal impacts of research.
6 (c) SENSE OF CONGRESS.—It is the sense of Con-
7 gress that the Director should continue to identify oppor-
8 tunities to reduce the administrative burden on research-
9 ers.
10 (d) RESEARCH INTEGRITY AND SECURITY.—
11 (1) OFFICE OF RESEARCH SECURITY AND POL-
12 ICY.—The Director shall maintain a Research Secu-
13 rity and Policy office within the Office of the Direc-
14 tor with no fewer than 4 full-time equivalent posi-
15 tions, in addition to the Chief of Research Security
16 established in paragraph (2) of this subsection. The
17 functions of the Research Security and Policy office
18 shall be to coordinate all research security policy
19 issues across the Foundation, including by—
20 (A) consulting and coordinating with the
21 Foundation Office of Inspector General and
22 with other Federal research agencies and intel-
23 ligence and law enforcement agencies, as appro-
24 priate, through the National Science and Tech-
25 nology Council in accordance with the authority
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1 provided under section 1746 of the National
2 Defense Authorization Act for Fiscal Year 2020
3 (Public Law 116–92; 42 U.S.C. 6601 note), to
4 identify and address potential security risks
5 that threaten research integrity and other risks
6 to the research enterprise;
7 (B) serving as the Foundation’s primary
8 resource for all issues related to the security
9 and integrity of the conduct of Foundation-sup-
10 ported research;
11 (C) conducting outreach and education ac-
12 tivities for awardees on research policies and
13 potential security risks;
14 (D) educating Foundation program man-
15 agers and other directorate staff on evaluating
16 Foundation awards and awardees for potential
17 security risks; and
18 (E) communicating reporting and disclo-
19 sure requirements to awardees and applicants
20 for funding.
21 (2) CHIEF OF RESEARCH SECURITY.—The Di-
22 rector shall appoint a senior agency official within
23 the Office of the Director as a Chief of Research Se-
24 curity, whose primary responsibility is to manage the
25 office established under paragraph (1).
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1 (3) REPORT TO CONGRESS.—No later than 180
2 days after the date of enactment of this Act, the Di-
3 rector shall provide a report to the Committee on
4 Science, Space, and Technology of the House of
5 Representatives, the Committee on Commerce,
6 Science, and Transportation of the Senate, the Com-
7 mittee on Appropriations of the House of Represent-
8 atives, and the Committee on Appropriations of the
9 Senate on the resources and the number of full time
10 employees needed to carry out the functions of the
11 Office established in paragraph (1).
12 (4) ONLINE RESOURCE.—The Director shall de-
13 velop an online resource hosted on the Foundation’s
14 website containing up-to-date information, tailored
15 for institutions and individual researchers, includ-
16 ing—
17 (A) an explanation of Foundation research
18 security policies;
19 (B) unclassified guidance on potential se-
20 curity risks that threaten scientific integrity
21 and other risks to the research enterprise;
22 (C) examples of beneficial international
23 collaborations and how such collaborations dif-
24 fer from foreign government interference efforts
25 that threaten research integrity;
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1 (D) promising practices for mitigating se-
2 curity risks that threaten research integrity;
3 and
4 (E) additional reference materials, includ-
5 ing tools that assist organizations seeking
6 Foundation funding and awardees in informa-
7 tion disclosure to the Foundation.
8 (5) RISK ASSESSMENT CENTER.—The Director
9 shall enter into an agreement with a qualified inde-
10 pendent organization to create a new risk assess-
11 ment center to—
12 (A) help the Foundation develop the online
13 resources under paragraph (4); and
14 (B) help awardees in assessing and identi-
15 fying issues related to nondisclosure of current
16 and pending research funding, risks to the
17 Foundation merit review process, and other
18 issues that may negatively affect the Founda-
19 tion proposal and award process due to undue
20 foreign interference.
21 (6) RESEARCH GRANTS.—The Director shall
22 continue to award grants, on a competitive basis, to
23 institutions of higher education or non-profit organi-
24 zations (or consortia of such institutions or organi-
25 zations) to support research on the conduct of re-
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1 search and the research environment, including re-
2 search on research misconduct or breaches of re-
3 search integrity and detrimental research practices.
4 (7) AUTHORITIES.—
5 (A) IN GENERAL.—In addition to existing
6 authorities for preventing waste, fraud, abuse,
7 and mismanagement of federal funds, the Di-
8 rector, acting through the Office of Research
9 Security and Policy and in coordination with
10 the Foundation’s Office of Inspector General,
11 shall have the authority to—
12 (i) conduct risk assessments, including
13 through the use of open-source analysis
14 and analytical tools, of research and devel-
15 opment award applications and disclosures
16 to the Foundation, in coordination with the
17 Risk Assessment Center established in
18 paragraph (5);
19 (ii) request the submission to the
20 Foundation, by an institution of higher
21 education or other organization applying
22 for a research and development award, of
23 supporting documentation, including copies
24 of contracts, grants, or any other agree-
25 ment specific to foreign appointments, em-
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1 ployment with a foreign institution, partici-
2 pation in a foreign talent program and
3 other information reported as current and
4 pending support for all covered individuals
5 in a research and development award ap-
6 plication; and
7 (iii) upon receipt and review of the in-
8 formation provided under clause (ii) and in
9 consultation with the institution of higher
10 education or other organization submitting
11 such information, initiate the substitution
12 or removal of a covered individual from a
13 research and development award, reduce
14 the award funding amount, or suspend or
15 terminate the award if the Director deter-
16 mines such contracts, grants, or agree-
17 ments include obligations that—
18 (I) interfere with the capacity for
19 Foundation-supported activities to be
20 carried out; or
21 (II) create duplication with
22 Foundation-supported activities.
23 (B) LIMITATIONS.—In exercising the au-
24 thorities under this paragraph, the Director
25 shall—
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1 (i) take necessary steps, as prac-
2 ticable, to protect the privacy of all covered
3 individuals and other parties involved in
4 the application and disclosure assessments
5 under clause (A)(i);
6 (ii) endeavor to provide justification
7 for requests for supporting documentation
8 made under clause (A)(ii);
9 (iii) require that allegations be proven
10 by a preponderance of evidence; and
11 (iv) as practicable, afford subjects an
12 opportunity to provide comments and re-
13 buttal and an opportunity to appeal before
14 final administrative action is taken.
15 (8) MALIGN FOREIGN TALENT RECRUITMENT
16 PROGRAM PROHIBITION.—
17 (A) IN GENERAL.—Not later than 12
18 months after the date of enactment of this Act,
19 the Director shall establish a requirement that,
20 as part of an application for a research and de-
21 velopment award from the agency—
22 (i) each covered individual listed on
23 the application for a research and develop-
24 ment award certify that they are not an
25 active participant of a malign foreign tal-
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1 ent recruitment program from a foreign
2 country of concern and will not be a par-
3 ticipant in such a program for the duration
4 of the award; and
5 (ii) each institution of higher edu-
6 cation or other organization applying for
7 such an award certify that each covered in-
8 dividual who is employed by the institution
9 of higher education or other organization
10 has been made aware of the requirement
11 under this subsection.
12 (B) INTERNATIONAL COLLABORATION.—
13 Each policy developed under subparagraph (A)
14 shall not prohibit—
15 (i) making scholarly presentations re-
16 garding scientific information not other-
17 wise controlled under current law;
18 (ii) participation in international con-
19 ferences or other international exchanges,
20 partnerships or programs that involve open
21 and reciprocal exchange of scientific infor-
22 mation, and which are aimed at advancing
23 international scientific understanding; and
24 (iii) other international activities
25 deemed appropriate by the Director.
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1 (C) LIMITATION.—The policy developed
2 under subparagraph (A) shall not apply retro-
3 actively to research and development awards
4 made prior to the establishment of the policy by
5 the Director.
6 (9) SECURITY TRAINING MODULES.—
7 (A) IN GENERAL.—Not later than 90 days
8 after the date of enactment of this Act, the Di-
9 rector, in collaboration with the Director of the
10 National Institutes of Health and other relevant
11 Federal research agencies, shall enter into an
12 agreement or contract with a qualified entity
13 for the development of online research security
14 training modules for the research community,
15 including modules focused on international col-
16 laboration and international travel, foreign in-
17 terference, and rules for proper use of funds,
18 disclosure, conflict of commitment, and conflict
19 of interest.
20 (B) STAKEHOLDER INPUT.—Prior to en-
21 tering into the agreement under clause (A), the
22 Director shall seek input from academic, private
23 sector, intelligence, and law enforcement stake-
24 holders regarding the scope and content of
25 training modules, including the diversity of
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1 needs across institutions of higher education
2 and other grantees of different sizes and types,
3 and recommendations for minimizing adminis-
4 trative burden on institutions of higher edu-
5 cation and researchers.
6 (C) DEVELOPMENT.—The Director shall
7 ensure that the entity identified in (A)—
8 (i) develops modules that can be
9 adapted and utilized across Federal re-
10 search agencies; and
11 (ii) develops and implements a plan
12 for regularly updating the modules as
13 needed.
14 (D) GUIDELINES.—The Director, in col-
15 laboration with the Director of the National In-
16 stitutes of Health, shall develop guidelines for
17 institutions of higher education and other orga-
18 nizations receiving Federal research and devel-
19 opment funds to use in developing their own
20 training programs to address the unique needs,
21 challenges, and risk profiles of such institu-
22 tions, including adoption of training modules
23 developed under this paragraph.
24 (E) IMPLEMENTATION.—Drawing on
25 stakeholder input under subparagraph (B), not
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1 later than 12 months after the date of enact-
2 ment of this Act, the Director shall establish a
3 requirement that, as part of an application for
4 a research and development award from the
5 Foundation—
6 (i) each covered individual listed on
7 the application for a research and develop-
8 ment award certify that they have com-
9 pleted research security training that
10 meets the guidelines developed under
11 clause (D) within one year of the applica-
12 tion; and
13 (ii) each institution of higher edu-
14 cation or other organization applying for
15 such award certify that each covered indi-
16 vidual who is employed by the institution
17 or organization and listed on the applica-
18 tion has been made aware of the require-
19 ment under this subparagraph.
20 (10) RESPONSIBLE CONDUCT IN RESEARCH
21 TRAINING.—Section 7009 of the America Creating
22 Opportunities to Meaningfully Promote Excellence in
23 Technology, Education, and Science Act (42 U.S.C.
24 1862o–1) is amended by—
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1 (A) striking ‘‘and postdoctoral research-
2 ers’’ and inserting ‘‘postdoctoral researchers,
3 faculty, and other senior personnel’’; and
4 (B) by inserting before the period at the
5 end the following ‘‘, including mentor training’’.
6 (11) NATIONAL ACADEMIES GUIDE TO RESPON-
7 SIBLE CONDUCT IN RESEARCH.—
8 (A) IN GENERAL.—Not later than 180
9 days after the date of enactment of this Act,
10 the Director shall enter into an agreement with
11 the Academies to update the report entitled
12 ‘‘On Being a Scientist: A Guide to Responsible
13 Conduct in Research’’ issued by the Academies.
14 The report, as so updated, shall include—
15 (i) updated professional standards of
16 conduct in research;
17 (ii) promising practices for preventing,
18 addressing, and mitigating the negative
19 impact of harassment, including sexual
20 harassment and gender harassment as de-
21 fined in the 2018 Academies report enti-
22 tled ‘‘Sexual Harassment of Women: Cli-
23 mate, Culture, and Consequences in Aca-
24 demic Sciences, Engineering, and Medi-
25 cine’’; and
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1 (iii) promising practices for mitigating
2 potential security risks that threaten re-
3 search integrity.
4 (B) REPORT.—Not later than 18 months
5 after the effective date of the agreement under
6 subparagraph (A), the Academies, as part of
7 such agreement, shall submit to the Director
8 and the Committee on Science, Space, and
9 Technology of the House of Representatives
10 and the Committee on Commerce, Science, and
11 Transportation of the Senate the report re-
12 ferred to in such subparagraph, as updated pur-
13 suant to such subparagraph.
14 (e) RESEARCH ETHICS.—
15 (1) SENSE OF CONGRESS.—It is the sense of
16 Congress that—
17 (A) a number of emerging areas of re-
18 search have potential ethical, social, safety, and
19 security implications that might be apparent as
20 early as the basic research stage;
21 (B) the incorporation of ethical, social,
22 safety, and security considerations into the re-
23 search design and review process for Federal
24 awards, may help mitigate potential harms be-
25 fore they happen;
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1 (C) the Foundation’s agreement with the
2 Academies to conduct a study and make rec-
3 ommendations with respect to governance of re-
4 search in emerging technologies is a positive
5 step toward accomplishing this goal; and
6 (D) the Foundation should continue to
7 work with stakeholders to understand and
8 adopt policies that promote best practices for
9 governance of research in emerging technologies
10 at every stage of research.
11 (2) ETHICS STATEMENTS.—Drawing on stake-
12 holder input, not later than 18 months after the
13 date of enactment of this Act, the Director shall
14 amend award proposal instructions to include a re-
15 quirement for an ethics statement to be included as
16 part of any proposal for funding prior to making the
17 award. Such statement shall be considered by the
18 Director in the review of proposals, taking into con-
19 sideration any relevant input from the peer-reviewers
20 for the proposal, and shall factor into award deci-
21 sions as deemed necessary by the Director. Such
22 statements may include, as appropriate—
23 (A) any foreseeable or quantifiable risks to
24 society, including how the research could enable
25 products, technologies, or other outcomes that
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1 could intentionally or unintentionally cause sig-
2 nificant societal harm;
3 (B) how technical or social solutions can
4 mitigate such risks and, as appropriate, a plan
5 to implement such mitigation measures; and
6 (C) how partnerships and collaborations in
7 the research can help mitigate potential harm
8 and amplify potential societal benefits.
9 (3) GUIDANCE.—The Director shall solicit
10 stakeholder input to develop clear guidance on what
11 constitutes a foreseeable or quantifiable risk as de-
12 scribed in paragraph (2)(A), and to the extent prac-
13 ticable harmonize this policy with existing ethical
14 policies or related requirements for human subjects.
15 (4) RESEARCH.—The Director shall award
16 grants, on a competitive basis, to institutions of
17 higher education or non-profit organizations (or con-
18 sortia of such institutions or organizations) to sup-
19 port—
20 (A) research to assess the potential ethical
21 and societal implications of Foundation-sup-
22 ported research and products or technologies
23 enabled by such research, including the benefits
24 and risks identified pursuant to paragraph
25 (2)(A); and
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1 (B) the development and verification of ap-
2 proaches to proactively mitigate foreseeable
3 risks to society, including the technical and so-
4 cial solutions identified pursuant to paragraph
5 (2)(B).
6 (5) ANNUAL REPORT.—The Director shall en-
7 courage awardees to update their ethics statements
8 as appropriate as part of the annual reports re-
9 quired by all awardees under the award terms and
10 conditions.
11 (f) RESEARCH REPRODUCIBILITY AND
12 REPLICABILITY.—Consistent with existing Federal law for
13 privacy, intellectual property, and security, the Director
14 shall facilitate the public access to research products, in-
15 cluding data, software, and code, developed as part of
16 Foundation-supported projects.
17 (1) DATA MANAGEMENT PLANS.—
18 (A) The Director shall require that every
19 proposal for funding for research include a ma-
20 chine-readable data management plan that in-
21 cludes a description of how the awardee will ar-
22 chive and preserve public access to data, soft-
23 ware, and code developed as part of the pro-
24 posed project.
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1 (B) In carrying out the requirement in
2 subparagraph (A), the Director shall—
3 (i) provide necessary resources, in-
4 cluding trainings and workshops, to edu-
5 cate researchers and students on how to
6 develop and review high quality data man-
7 agement plans;
8 (ii) ensure program officers and merit
9 review panels are equipped with the re-
10 sources and training necessary to review
11 the quality of data management plans; and
12 (iii) ensure program officers and
13 merit review panels treat data management
14 plans as essential elements of grant pro-
15 posals, where appropriate.
16 (2) OPEN REPOSITORIES.—The Director
17 shall—
18 (A) coordinate with the heads of other
19 Federal research agencies, and solicit input
20 from the scientific community, to develop and
21 widely disseminate a set of criteria for trusted
22 open repositories, accounting for discipline-spe-
23 cific needs and necessary protections for sen-
24 sitive information, to be used by federally fund-
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1 ed researchers for the sharing of data, software,
2 and code;
3 (B) work with stakeholders to identify sig-
4 nificant gaps in available repositories meeting
5 the criteria developed under subparagraph (A)
6 and options for supporting the development of
7 additional or enhanced repositories;
8 (C) award grants on a competitive basis to
9 institutions of higher education or non-profit
10 organizations (or consortia of such institutions
11 or organizations) for the development, up-
12 grades, and maintenance of open data reposi-
13 tories that meet the criteria developed under
14 subparagraph (A);
15 (D) work with stakeholders and build on
16 existing models, where appropriate, to establish
17 a single, public, web-based point of access to
18 help users locate repositories storing data, soft-
19 ware, and code resulting from or used in Foun-
20 dation-supported projects;
21 (E) work with stakeholders to establish the
22 necessary policies and procedures and allocate
23 the necessary resources to ensure, as prac-
24 ticable, data underlying published findings re-
25 sulting from Foundation-supported projects are
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1 deposited in repositories meeting the criteria
2 developed under subparagraph (A) at the time
3 of publication;
4 (F) incentivize the deposition of data, soft-
5 ware, and code into repositories that meet the
6 criteria developed under subparagraph (A); and
7 (G) coordinate with the scientific pub-
8 lishing community to develop uniform consensus
9 standards around data archiving and sharing.
10 (3) RESEARCH, DEVELOPMENT, AND EDU-
11 CATION.—The Director shall award grants, on a
12 competitive basis to institutions of higher education
13 or non-profit organizations (or consortia of such in-
14 stitutions or organizations) to—
15 (A) support research and development of
16 open source, sustainable, usable tools and infra-
17 structure that support reproducibility for a
18 broad range of studies across different dis-
19 ciplines;
20 (B) support research on computational re-
21 producibility, including the limits of reproduc-
22 ibility and the consistency of computational re-
23 sults in the development of new computation
24 hardware, tools, and methods; and
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1 (C) support the education and training of
2 students, faculty, and researchers on computa-
3 tional methods, tools, and techniques to improve
4 the quality and sharing of data, code, and sup-
5 porting metadata to produce reproducible re-
6 search.
7 (g) CLIMATE CHANGE RESEARCH.—
8 (1) IN GENERAL.—The Director shall award
9 grants, on a competitive basis, to institutions of
10 higher education or non-profit organizations (or con-
11 sortia of such institutions or organizations) to sup-
12 port research to improve our understanding of the
13 climate system and related human and environ-
14 mental systems.
15 (2) USE OF FUNDS.—Activities funded by a
16 grant under this subsection may include—
17 (A) fundamental research on climate
18 forcings, feedbacks, responses, and thresholds
19 in the earth system, including impacts on and
20 contributions from local and regional systems;
21 (B) research on climate-related human be-
22 haviors and institutions;
23 (C) research on climate-related risk, vul-
24 nerability, resilience, and adaptive capacity of
25 coupled human-environment systems, including
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1 risks to ecosystem stability and risks to vulner-
2 able populations;
3 (D) research to support the development
4 and implementation of effective strategies and
5 tools for mitigating and adapting to climate
6 change, including social strategies and research
7 focused on local level forecasting, impacts, and
8 challenges;
9 (E) research on the design, development,
10 and assessment of effective information and de-
11 cision-support systems, including understanding
12 and developing effective dissemination path-
13 ways;
14 (F) improved modeling, projections, anal-
15 yses, and assessments of climate and other
16 Earth system changes;
17 (G) research to understand the atmos-
18 pheric processes related to solar radiation man-
19 agement strategies and technologies and exam-
20 ine related economic, geopolitical, societal, envi-
21 ronmental, and ethical implications, not includ-
22 ing research designed to advance future deploy-
23 ment of these strategies and technologies;
24 (H) the development of effective strategies
25 for educating and training future climate
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1 change researchers, and climate change re-
2 sponse and mitigation professionals, in both re-
3 search and development methods, as well as
4 community engagement and science commu-
5 nication;
6 (I) the development of effective strategies
7 for public and community engagement in the all
8 stages of the research and development process;
9 and
10 (J) partnerships with other agencies to ad-
11 dress climate related challenges for specific
12 agency missions.
13 (h) VIOLENCE RESEARCH.—
14 (1) IN GENERAL.—The Director shall award
15 grants, on a competitive basis, to institutions of
16 higher education or non-profit organizations (or con-
17 sortia of such institutions or organizations) to sup-
18 port research to improve our understanding of the
19 nature, scope, causes, consequences, prevention, and
20 response to all forms of violence.
21 (2) USE OF FUNDS.—Activities funded by a
22 grant under this subsection may include—
23 (A) research on the magnitude and dis-
24 tribution of fatal and nonfatal violence;
25 (B) research on risk and protective factors;
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1 (C) research on the design, development,
2 implementation, and evaluation of interventions
3 for preventing and responding to violence;
4 (D) research on scaling up effective inter-
5 ventions; and
6 (E) one or more interdisciplinary research
7 centers to conduct violence research, foster new
8 and expanded collaborations, and support ca-
9 pacity building activities to increase the number
10 and diversity of new researchers trained in
11 cross-disciplinary violence research.
12 (i) SOCIAL, BEHAVIORAL, AND ECONOMIC
13 SCIENCES.—The Director shall—
14 (1) actively communicate opportunities and so-
15 licit proposals for social, behavioral, and economic
16 science researchers to participate in cross-cutting
17 and interdisciplinary programs, including the Con-
18 vergence Accelerator and agency priority activities,
19 and the Mid-Scale Research Infrastructure program;
20 and
21 (2) ensure social, behavioral, and economic
22 science researchers are represented on relevant merit
23 review panels for such activities.
24 (j) MEASURING IMPACTS OF FEDERALLY FUNDED
25 R&D.—The Director shall award grants on a competitive,
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1 merit-reviewed basis to institutions of higher education or
2 non-profit organizations (or consortia of such institutions
3 or organizations) to support research and development of
4 data, models, indicators, and associated analytical tools to
5 improve our understanding of the impacts of Federally
6 funded research on society, the economy, and the work-
7 force, including domestic job creation.
8 (k) FOOD-ENERGY-WATER RESEARCH.—The Direc-
9 tor shall award grants on a competitive basis to institu-
10 tions of higher education or non-profit organizations (or
11 consortia of such institutions or organizations) to—
12 (1) support research to significantly advance
13 our understanding of the food-energy-water system
14 through quantitative and computational modeling,
15 including support for relevant cyberinfrastructure;
16 (2) develop real-time, cyber-enabled interfaces
17 that improve understanding of the behavior of food-
18 energy-water systems and increase decision support
19 capability;
20 (3) support research that will lead to innovative
21 solutions to critical food-energy-water system prob-
22 lems; and
23 (4) grow the scientific workforce capable of
24 studying and managing the food-energy-water sys-
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1 tem, through education and other professional devel-
2 opment.
3 (l) BIOLOGICAL FIELD STATIONS AND MARINE LAB-
4 ORATORIES.—The Director shall continue to support en-
5 hancing, repairing and maintaining research instrumenta-
6 tion, laboratories, telecommunications and housing at bio-
7 logical field stations and marine laboratories.
8 (m) SUSTAINABLE CHEMISTRY RESEARCH AND EDU-
9 CATION.—In accordance with section 263 of the National
10 Defense Authorization Act for Fiscal Year 2021, the Di-
11 rector shall carry out activities in support of sustainable
12 chemistry, including—
13 (1) establishing a program to award grants, on
14 a competitive basis, to institutions of higher edu-
15 cation or non-profit organizations (or consortia of
16 such institutions or organizations) to support—
17 (A) individual investigators and teams of
18 investigators, including to the extent prac-
19 ticable, early career investigators for research
20 and development;
21 (B) collaborative research and development
22 partnerships among universities, industry, and
23 non-profit organizations; and
24 (C) integrating sustainable chemistry prin-
25 ciples into elementary, secondary, under-
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1 graduate, and graduate chemistry and chemical
2 engineering curriculum and research training,
3 as appropriate to that level of education and
4 training; and
5 (2) incorporating sustainable chemistry into ex-
6 isting Foundation research and development pro-
7 grams.
8 (n) RISK AND RESILIENCE RESEARCH.—The Direc-
9 tor shall award grants on a competitive basis to institu-
10 tions of higher education or non-profit organizations (or
11 consortia of such institutions or organizations) to advance
12 knowledge of risk assessment and predictability and to
13 support the creation of tools and technologies, including
14 advancing data analytics and utilization of artificial intel-
15 ligence, for increased resilience through—
16 (1) improvements in our ability to understand,
17 model, and predict extreme events and natural haz-
18 ards, including pandemics;
19 (2) the creation of novel engineered systems so-
20 lutions for resilient complex infrastructures, particu-
21 larly those that address critical interdependence
22 among infrastructures and leverage the growing in-
23 fusion of cyber-physical-social components into the
24 infrastructures;
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1 (3) development of equipment and instrumenta-
2 tion for innovation in resilient engineered infrastruc-
3 tures;
4 (4) multidisciplinary research on the behaviors
5 individuals and communities engage in to detect,
6 perceive, understand, predict, assess, mitigate, and
7 prevent risks and to improve and increase resilience;
8 and
9 (5) advancements in multidisciplinary wildfire
10 science, including those related to air quality im-
11 pacts, human behavior, and early detection and
12 warning.
13 (o) UAV TECHNOLOGIES.—The Director shall carry
14 out a program of research and related activities for un-
15 manned aerial vehicle technologies, which may include a
16 prize competition pursuant to section 24 of the Stevenson-
17 Wydler Technology Innovation Act of 1980 (15 U.S.C.
18 3719) and support for undergraduate and graduate cur-
19 riculum development.
20 (p) LEVERAGING INTERNATIONAL EXPERTISE IN RE-
21 SEARCH.—The Director shall explore and advance oppor-
22 tunities for leveraging international capabilities and re-
23 sources that align with the Foundation and United States
24 research community priorities and have the potential to
25 benefit United States prosperity, security, health, and
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1 well-being, including through binational research and de-
2 velopment organizations and foundations and by sending
3 teams of Foundation scientific staff for site visits of sci-
4 entific facilities and agencies in other countries.
5 (q) BIOLOGICAL RESEARCH COLLECTIONS.—
6 (1) IN GENERAL.—The Director shall continue
7 to support databases, tools, methods, and other ac-
8 tivities that secure and improve existing physical and
9 digital biological research collections, improve the ac-
10 cessibility of collections and collection-related data
11 for research and educational purposes, develop ca-
12 pacity for curation and collection management, and
13 to transfer ownership of collections that are signifi-
14 cant to the biological research community, including
15 to museums and universities.
16 (2) SPECIMEN MANAGEMENT PLAN.—In con-
17 sultation with other relevant Federal research agen-
18 cies, the Director shall require that every proposal
19 for funding for research that involves collecting or
20 generating specimens include a specimen manage-
21 ment plan that includes a description of how the
22 specimens and associated data will be accessioned
23 into and permanently maintained in an established
24 biological collection.
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1 (3) ACTION CENTER FOR BIOLOGICAL COLLEC-
2 TIONS.—The Director shall award grants on a com-
3 petitive basis to institutions of higher education or
4 non-profit organizations (or consortia of such insti-
5 tutions or organizations) to establish an Action Cen-
6 ter for Biological Collections to facilitate coordina-
7 tion and data sharing among communities of prac-
8 tice for research, education, workforce training, eval-
9 uation, and business model development.
10 (r) CLEAN WATER RESEARCH AND TECHNOLOGY
11 ACCELERATION.—The Director shall award grants on a
12 competitive, merit-reviewed basis to institutions of higher
13 education or non-profit organizations (or consortia of such
14 institutions or organizations) to—
15 (1) support transdisciplinary research to signifi-
16 cantly advance our understanding of water avail-
17 ability, quality, and dynamics and the impact of
18 human activity and a changing climate on urban and
19 rural water and wastewater systems, including in
20 low-income, underserved, and disadvantaged commu-
21 nities;
22 (2) develop, pilot and deploy innovative tech-
23 nologies, systems, and other approaches to identi-
24 fying and addressing challenges that affect water
25 availability, quality, and security, including through
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1 direct engagement with affected communities and
2 partnerships with the private sector, State, terri-
3 torial, tribal, and local governments, non-profit orga-
4 nizations and water management professionals; and
5 (3) grow the scientific workforce capable of
6 studying and managing water and wastewater sys-
7 tems, through education, training, and other profes-
8 sional development.
9 (s) TECHNOLOGY AND BEHAVIORAL SCIENCE RE-
10 SEARCH.—The Director shall award grants on a merit-
11 based, competitive basis for research to—
12 (1) increase understanding of social media and
13 consumer technology access and use patterns and re-
14 lated psychological and behavioral issues, particu-
15 larly for adolescents; and
16 (2) explore the role of social media and con-
17 sumer technology in rising rates of depressive symp-
18 toms, suicidal ideation, drug use, and deaths of de-
19 spair, particularly for communities experiencing
20 long-term economic distress.
21 (t) MANUFACTURING RESEARCH AMENDMENT.—
22 Section 506(a) of the America COMPETES Reauthoriza-
23 tion Act of 2010 (42 U.S.C. 1862p–1(a)) is amended—
24 (1) in paragraph (5), by striking ‘‘and’’ at the
25 end;
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1 (2) in paragraph (6)—
2 (A) by striking ‘‘and’’ before ‘‘virtual man-
3 ufacturing’’; and
4 (B) by striking the period at the end and
5 inserting ‘‘; and artificial intelligence and ma-
6 chine learning;’’; and
7 (3) by adding at the end the following:
8 ‘‘(7) additive manufacturing, including new ma-
9 terial designs, complex materials, rapid printing
10 techniques, and real-time process controls; and
11 ‘‘(8) continuous manufacturing of biological
12 products and similar innovative monitoring and con-
13 trol techniques.’’.
14 (u) CRITICAL MINERALS MINING RESEARCH AND
15 DEVELOPMENT.—
16 (1) IN GENERAL.—The Director shall award
17 grants, on a competitive basis, to institutions of
18 higher education or nonprofit organizations (or con-
19 sortium of such institutions or organizations) to sup-
20 port basic research that will accelerate innovation to
21 advance critical minerals mining strategies and tech-
22 nologies for the purpose of making better use of do-
23 mestic resources and eliminating national reliance on
24 minerals and mineral materials that are subject to
25 supply disruptions.
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1 (2) USE OF FUNDS.—Activities funded by a
2 grant under this subsection may include—
3 (A) advancing mining research and devel-
4 opment activities to develop new mapping and
5 mining technologies and techniques, including
6 advanced critical mineral extraction, production,
7 separation, alloying, or processing techniques
8 and technologies that can decrease energy in-
9 tensity, potential environmental impact and
10 costs of those activities;
11 (B) conducting long-term Earth observa-
12 tion of reclaimed mine sites, including the study
13 of the evolution of microbial diversity at such
14 sites;
15 (C) examining the application of artificial
16 intelligence for geological exploration of critical
17 minerals, including what the size and diversity
18 of data sets would be required;
19 (D) examining the application of machine
20 learning for detection and sorting of critical
21 minerals, including what the size and diversity
22 of data sets would be required;
23 (E) conducting detailed isotope studies of
24 critical minerals and the development of more
25 refined geologic models;
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1 (F) improved understanding of the geologi-
2 cal and geochemical processes through which
3 critical minerals form and are concentrated into
4 economically viable deposits; or
5 (G) providing training and researcher op-
6 portunities to undergraduate and graduate stu-
7 dents to prepare the next generation of mining
8 engineers and researchers.
9 (3) EXISTING PROGRAMS.—The Director shall
10 ensure awards made under this subsection are com-
11 plementary and not duplicative of existing programs
12 across the foundation and Federal Government.
13 (v) STUDY OF AI RESEARCH CAPACITY.—
14 (1) IN GENERAL.—The Director shall conduct a
15 study, or support the development of a study
16 through the Science and Technology Policy Institute
17 or by any other appropriate organization as deter-
18 mined by the Director, on artificial intelligence re-
19 search capacity at U.S. institutions of higher edu-
20 cation.
21 (2) STUDY CONTENTS.—The Director shall en-
22 sure that, at a minimum, the study under subsection
23 (a) addresses the following topics:
24 (A) Which universities are putting out sig-
25 nificant peer-reviewed artificial intelligence re-
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1 search, including based on quantity and number
2 of citations.
3 (B) For each of the universities described
4 in paragraph (1), what specific factors enable
5 their AI research, including computing power,
6 data sets and availability, specialized cur-
7 riculum, and industry and other partnerships.
8 (C) Promising practices at universities de-
9 scribed in paragraph (1) for advancing diver-
10 sity, equity, and inclusion in AI research pro-
11 grams.
12 (D) How universities not included in para-
13 graph (1) could implement the factors in para-
14 graph (2) to produce AI research, as well as
15 case studies that universities can look to as ex-
16 amples and potential pilot programs that the
17 Federal Government could develop or support
18 to help universities produce AI research.
19 (3) WORKSHOPS.—The Director may support
20 workshops to help inform the study required under
21 this subsection.
22 (4) PUBLICATION.—The Director shall ensure
23 that the study carried out under this subsection is
24 made publicly available not later than 12 months
25 after the date of enactment of this Act.
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1 (w) ADVANCING IOT FOR PRECISION AGRI-
2 CULTURE.—
3 (1) NATIONAL SCIENCE FOUNDATION DIREC-
4 TIVE ON AGRICULTURAL SENSOR RESEARCH.—In
5 awarding grants under its sensor systems and
6 networked systems programs, and in consultation
7 with the Secretary of Agriculture, the Director shall
8 include in consideration of portfolio balance research
9 and development on sensor connectivity in environ-
10 ments of intermittent connectivity and intermittent
11 computation—
12 (A) to improve the reliable use of advance
13 sensing systems in rural and agricultural areas;
14 and
15 (B) that considers—
16 (i) direct gateway access for locally
17 stored data;
18 (ii) attenuation of signal transmission;
19 (iii) loss of signal transmission; and
20 (iv) at-scale performance for wireless
21 power.
22 (2) UPDATING CONSIDERATIONS FOR PRECI-
23 SION AGRICULTURE TECHNOLOGY WITHIN THE NSF
24 ADVANCED TECHNICAL EDUCATION PROGRAM.—Sec-
25 tion 3 of the Scientific and Advanced-Technology
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1 Act of 1992 (42 U.S.C. 1862i) is amended in sub-
2 section (e)(3)—
3 (A) in subparagraph (C), by striking
4 ‘‘and’’ after the semicolon;
5 (B) in subparagraph (D), by striking the
6 period at the end and inserting ‘‘; and’’; and
7 (C) by adding at the end the following:
8 ‘‘(E) applications that incorporate distance
9 learning tools and approaches.’’.
10 (3) GAO REVIEW.—Not later than 18 months
11 after the date of enactment of this Act, the Comp-
12 troller General of the United States shall provide—
13 (A) a technology assessment of precision
14 agriculture technologies, such as the existing
15 use of—
16 (i) sensors, scanners, radio-frequency
17 identification, and related technologies that
18 can monitor soil properties, irrigation con-
19 ditions, and plant physiology;
20 (ii) sensors, scanners, radio-frequency
21 identification, and related technologies that
22 can monitor livestock activity and health;
23 (iii) network connectivity and wireless
24 communications that can securely support
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1 digital agriculture technologies in rural
2 and remote areas;
3 (iv) aerial imagery generated by sat-
4 ellites or unmanned aerial vehicles;
5 (v) ground-based robotics;
6 (vi) control systems design and
7 connectivity, such as smart irrigation con-
8 trol systems;
9 (vii) Global Positioning System-based
10 applications; and
11 (viii) data management software and
12 advanced analytics that can assist decision
13 making and improve agricultural outcomes;
14 and
15 (B) a review of Federal programs that pro-
16 vide support for precision agriculture research,
17 development, adoption, education, or training,
18 in existence on the date of enactment of this
19 Act.
20 (x) ASTRONOMY AND SATELLITE CONSTELLA-
21 TIONS.—The Director shall support research into and the
22 design, development, and testing of mitigation measures
23 to address the impact of satellite constellations on Foun-
24 dation scientific programs by—
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1 (1) awarding grants on a competitive basis to
2 support investigations into the impacts of satellite
3 constellations on ground-based optical, infrared, and
4 radio astronomy, including through existing pro-
5 grams such Spectrum and Wireless Innovation en-
6 abled by Future Technologies (SWIFT) and the
7 Spectrum Innovation Initiative;
8 (2) supporting research on satellite impacts and
9 benefits and mitigation strategies to be carried out
10 at one or more Foundation supported Federally
11 Funded Research and Development Centers or large
12 facilities, as appropriate; and
13 (3) supporting workshops related to the impact
14 of satellite constellations on scientific research and
15 how those constellations could be used to improve
16 scientific research.
17 (y) GAO TECHNOLOGY ASSESSMENT TO ADDRESS
18 THE OPIOID EPIDEMIC.—
19 (1) IN GENERAL.—The Comptroller General of
20 the United States shall conduct a technology assess-
21 ment on the use of current and emerging predictive
22 analytic tools and technologies to address the opioid
23 epidemic. Such assessment shall address the fol-
24 lowing:
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1 (A) The prevention of deaths occurring
2 from overdoses of opioid drugs.
3 (B) The improvement of Federal, State,
4 and local government responses to the opioid
5 epidemic and the quality of interventions, treat-
6 ments, and resources for opioid use disorder.
7 (C) The identification of challenges and
8 risks related to the use of predictive analytic
9 tools and technologies.
10 (2) RECOMMENDATIONS.—Not later than 1
11 year after the date of the enactment of this Act, the
12 Comptroller General of the United States shall sub-
13 mit to Congress recommendations based on the find-
14 ings of the technology assessment conducted under
15 paragraph (1). Not later than 180 days after such
16 date of enactment, the Comptroller General shall
17 provide a briefing to Congress on the progress of
18 such recommendations.
19 (3) DEFINITIONS.—In this subsection:
20 (A) OPIOID DRUG.—The term ‘‘opioid
21 drug’’ means a class of drugs that contains an
22 opioid and includes heroin, synthetic opioids
23 (including fentanyl), and prescription pain re-
24 lievers.
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1 (B) OPIOID EPIDEMIC.—The term ‘‘opioid
2 epidemic’’ means the misuse of and addiction to
3 opioid drugs.
4 (z) NATIONAL SCIENCE FOUNDATION STUDY ON IN-
5 FLATION.—
6 (1) IN GENERAL.—Not later than 45 days after
7 the date of enactment of this Act, the Director shall
8 commission a study to—
9 (A) measure the economic impact of infla-
10 tion on the American people, including an anal-
11 ysis of cost-of-living impacts;
12 (B) assess how the increase in inflation
13 has harmed the American workforce through
14 decreased, less valuable wages;
15 (C) consider the impact of inflation on
16 American international competitiveness, par-
17 ticularly as it relates to offshoring jobs in the
18 manufacturing industry;
19 (D) evaluate the impact of inflation on
20 rural and underserved communities throughout
21 the country;
22 (E) assess the ways inflation at its current
23 trajectory could impact future American gen-
24 erations; and
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1 (F) make recommendations to Congress on
2 the impact of further government spending in
3 regards to inflation.
4 (2) FUNDING.—Of the funds authorized to
5 carry out this section, $1,000,000 shall be used to
6 carry out the study under paragraph (1).
7 SEC. 10307. RESEARCH INFRASTRUCTURE.
8 (a) FACILITY OPERATION AND MAINTENANCE.—
9 (1) IN GENERAL.—The Director shall continue
10 the Facility Operation Transition pilot program for
11 a total of 5 years.
12 (2) COST SHARING.—The Facility Operation
13 Transition program shall provide funding for 10–50
14 percent of the operations and maintenance costs for
15 major research facilities that are within the first five
16 years of operation, where the share is determined
17 based on—
18 (A) the operations and maintenance costs
19 of the major research facility; and
20 (B) the capacity of the managing direc-
21 torate or division to absorb such costs.
22 (3) REPORT.—After the fifth year of the pilot
23 program, the Director shall transmit a report to
24 Congress that includes—
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1 (A) an assessment, that includes feedback
2 from the research community, of the effective-
3 ness of the pilot program for—
4 (i) supporting research directorates
5 and divisions in balancing investments in
6 research grants and funding for the initial
7 operation and maintenance of major facili-
8 ties;
9 (ii) incentivizing the development of
10 new world-class facilities;
11 (iii) facilitating interagency and inter-
12 national partnerships;
13 (iv) funding core elements of multi-
14 disciplinary facilities; and
15 (v) supporting facility divestment
16 costs; and
17 (B) if deemed effective, a plan for perma-
18 nent implementation of the pilot program.
19 (b) REVIEWS.—The Director shall periodically carry
20 out reviews within each of the directorates and divisions
21 to assess the cost and benefits of extending the operations
22 of research facilities that have exceeded their planned
23 operational lifespan.
24 (c) HELIUM CONSERVATION.—
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1 (1) MAJOR RESEARCH INSTRUMENTATION SUP-
2 PORT.—
3 (A) IN GENERAL.—The Director shall sup-
4 port, through the Major Research Instrumenta-
5 tion program, proposal requests that include
6 the purchase, installation, operation, and main-
7 tenance of equipment and instrumentation to
8 reduce consumption of helium.
9 (B) COST SHARING.—The Director may
10 waive the cost-sharing requirement for helium
11 conservation measures for non-Ph.D.-granting
12 institutions of higher education and Ph.D.-
13 granting institutions of higher education that
14 are not ranked among the top 100 institutions
15 receiving Federal research and development
16 funding, as documented by the National Center
17 for Science and Engineering Statistics.
18 (2) ANNUAL REPORT.—No later than 1 year
19 after the date of enactment of this Act and annually
20 for the subsequent two years, the Director shall sub-
21 mit an annual report to Congress on the use of
22 funding awarded by the Foundation for the purchase
23 and conservation of helium. The report should in-
24 clude—
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1 (A) the volume and price of helium pur-
2 chased;
3 (B) changes in pricing and availability of
4 helium; and
5 (C) any supply disruptions impacting a
6 substantial number of institutions.
7 (d) ADVANCED COMPUTING.—
8 (1) COMPUTING NEEDS.—To gather informa-
9 tion about the computational needs of Foundation-
10 funded projects, the Director shall require grant pro-
11 posals submitted to the Foundation, as appropriate,
12 to include estimates of computational resource needs
13 for projects that require use of advanced computing.
14 The Director shall encourage and provide access to
15 tools that facilitate the inclusion of these measures,
16 including those identified in the 2016 Academies re-
17 port entitled ‘‘Future Directions for NSF Advanced
18 Computing Infrastructure to Support U.S. Science
19 and Engineering in 2017–2020’’.
20 (2) REPORTS.—The Director shall document
21 and publish every two years a summary of the
22 amount and types of advanced computing capabili-
23 ties that are needed to fully meet the Foundation’s
24 project needs as identified under paragraph (1).
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1 (3) ROADMAP.—To set priorities and guide
2 strategic decisions regarding investments in ad-
3 vanced computing capabilities, the Director shall de-
4 velop, publish, and regularly update a 5-year ad-
5 vanced computing roadmap that—
6 (A) describes the advanced computing re-
7 sources and capabilities that would fully meet
8 anticipated project needs, including through in-
9 vestments in the Mid-Scale Research Infra-
10 structure program and the Major Research
11 Equipment and Facilities Construction account;
12 (B) draws on community input, informa-
13 tion contained in research proposals, allocation
14 requests, insights from Foundation-funded
15 cyber-infrastructure operators, and Foundation-
16 wide information gathering regarding commu-
17 nity needs;
18 (C) considers computational needs of
19 planned major facilities;
20 (D) reflects anticipated technology trends;
21 (E) informs users and potential partners
22 about future facilities and services;
23 (F) addresses the needs of groups histori-
24 cally underrepresented in STEM and geo-
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1 graphic regions with low availability and high
2 demand for advanced computing resources;
3 (G) considers how Foundation-supported
4 advanced computing capabilities can be lever-
5 aged for activities through the Directorate for
6 Science and Engineering Solutions; and
7 (H) provides an update to Congress about
8 the level of funding necessary to fully meet
9 computational resource needs for the research
10 community.
11 (4) SECURING AMERICAN RESEARCH FROM
12 CYBER THEFT.—
13 (A) NETWORKING AND INFORMATION
14 TECHNOLOGY RESEARCH AND DEVELOPMENT
15 UPDATE.—Section 101(a)(1) of the High-Per-
16 formance Computing Act of 1991 (15 U.S.C.
17 5511) is amended—
18 (i) by moving the margins of subpara-
19 graphs (D) and (J) through (O) two ems
20 to the left;
21 (ii) by redesignating subparagraphs
22 (J) through (O) as subparagraphs (K)
23 through (P), respectively; and
24 (iii) by inserting after subparagraph
25 (I) the following:
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1 ‘‘(J) provide for improving the security, reli-
2 ability, and resiliency of computing and networking
3 systems used by institutions of higher education and
4 other nonprofit research institutions for the proc-
5 essing, storage and transmission of sensitive feder-
6 ally funded research and associated data;’’.
7 (B) COMPUTING ENCLAVE PILOT PRO-
8 GRAM.—
9 (i) IN GENERAL.—The Director, in
10 consultation with the Director of the Na-
11 tional Institute of Standards and Tech-
12 nology and the Secretary of Energy, shall
13 establish a pilot program to award grants
14 to ensure the security of federally-sup-
15 ported research data and to assist regional
16 institutions of higher education and their
17 researchers in compliance with regulations
18 regarding the safeguarding of sensitive in-
19 formation and other relevant regulations
20 and Federal guidelines.
21 (ii) STRUCTURE.—In carrying out the
22 pilot program established pursuant to
23 clause (i), the Director shall select three
24 institutions of higher education from
25 among institutions classified under the In-
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1 diana University Center for Postsecondary
2 Research Carnegie Classification as a doc-
3 torate-granting university with a very high
4 level of research activity, and with a his-
5 tory of working with secure information for
6 the development, installation, maintenance,
7 or sustainment of secure computing en-
8 claves.
9 (iii) REGIONALIZATION.—
10 (I) IN GENERAL.—In selecting
11 universities pursuant to clause (ii),
12 the Director shall give preference to
13 institutions of higher education with
14 the capability of serving other regional
15 universities.
16 (II) GEOGRAPHIC DISPERSAL.—
17 The enclaves should be geographically
18 dispersed to better meet the needs of
19 regional interests.
20 (iv) PROGRAM ELEMENTS.—The Di-
21 rector shall work with institutions of high-
22 er education selected pursuant to clause
23 (ii) to—
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1 (I) develop an approved design
2 blueprint for compliance with Federal
3 data protection protocols;
4 (II) develop a comprehensive and
5 confidential list, or a bill of materials,
6 of each binary component of the soft-
7 ware, firmware, or product that is re-
8 quired to deploy additional secure
9 computing enclaves;
10 (III) develop templates for all
11 policies and procedures required to
12 operate the secure computing enclave
13 in a research setting;
14 (IV) develop a system security
15 plan template; and
16 (V) develop a process for man-
17 aging a plan of action and milestones
18 for the secure computing enclave.
19 (v) DURATION.—Subject to other
20 availability of appropriations, the pilot pro-
21 gram established pursuant to clause (i)
22 shall operate for not less than 3 years.
23 (vi) REPORT.—
24 (I) IN GENERAL.—The Director
25 shall report to Congress not later than
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1 6 months after the completion of the
2 pilot program under clause (i).
3 (II) CONTENTS.—The report re-
4 quired under subclause (I) shall in-
5 clude—
6 (aa) an assessment of the
7 pilot program under clause (i),
8 including an assessment of the
9 security benefits provided by such
10 secure computing enclaves;
11 (bb) recommendations re-
12 lated to the value of expanding
13 the network of secure computing
14 enclaves; and
15 (cc) recommendations on the
16 efficacy of the use of secure com-
17 puting enclaves by other Federal
18 agencies in a broader effort to
19 expand security of Federal re-
20 search.
21 (vii) AUTHORIZATION OF APPROPRIA-
22 TIONS.—There is authorized to be appro-
23 priated to the Director, $38,000,000 for
24 fiscal years 2022 through 2024, to carry
25 out the activities outlined in this section.
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1 (e) NATIONAL SECURE DATA SERVICE.—
2 (1) IN GENERAL.—The Director, in consulta-
3 tion with the Chief Statistician of the United States,
4 shall establish a demonstration project to develop,
5 refine and test models to inform the full implemen-
6 tation of the Commission on Evidence-Based Policy-
7 making recommendation for a government-wide data
8 linkage and access infrastructure for statistical ac-
9 tivities conducted for statistical purposes, as defined
10 in chapter 35 of title 44, United States Code.
11 (2) ESTABLISHMENT.—Not later than one year
12 after the date of enactment of this Act, the Director
13 shall establish a National Secure Data Service dem-
14 onstration project. The National Secure Data Serv-
15 ice demonstration project shall be—
16 (A) aligned with the principles, best prac-
17 tices, and priority actions recommended by the
18 Advisory Committee on Data for Evidence
19 Building, to the extent feasible; and
20 (B) operated directly by or via a contract
21 that is managed by the National Center for
22 Science and Engineering Statistics.
23 (3) DATA.—In carrying out this subsection, the
24 Director shall engage with Federal and State agen-
25 cies to collect, acquire, analyze, report, and dissemi-
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1 nate statistical data in the United States and other
2 nations to support government-wide evidence-build-
3 ing activities consistent with the Foundations for
4 Evidence-Based Policymaking Act of 2018.
5 (4) PRIVACY AND CONFIDENTIALITY PROTEC-
6 TIONS.—If the Director issues a management con-
7 tract under paragraph (2), the awardee shall be des-
8 ignated as an ‘‘agent’’ under chapter 35 of title 44,
9 United States Code, subchapter III, section 3561 et
10 seq., with all requirements and obligations for pro-
11 tecting confidential information delineated in the
12 Confidential Information Protection and Statistical
13 Efficiency Act of 2018 and the Privacy Act of 1974.
14 (5) TECHNOLOGY AND PRIVACY STANDARDS.—
15 In carrying out this subsection, the Director shall—
16 (A) consider application and use of sys-
17 tems and technologies that incorporate protec-
18 tion measures to reasonably ensure confidential
19 data and statistical products are protected in
20 accordance with obligations under chapter 35 of
21 title 44, United States Code, subchapter III,
22 section 3561 et seq., including systems and
23 technologies that ensure raw data and other
24 sensitive inputs are not accessible to recipients
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1 of statistical outputs from the National Secure
2 Data Service demonstration project; and
3 (B) to the extent feasible, consider apply-
4 ing privacy-enhancing technologies to approved
5 projects when appropriate, or take appropriate
6 measures to minimize re-identification risks
7 consistent with any applicable guidance or regu-
8 lations issued under chapter 35 of title 44,
9 United States Code, subchapter III, section
10 3561 et seq.
11 (6) TRANSPARENCY.—The National Secure
12 Data Service established under paragraph (2) shall
13 maintain a public website with up-to-date informa-
14 tion on supported projects.
15 (7) REPORT.—Not later than 2 years after the
16 date of enactment of this Act, the National Secure
17 Data Service demonstration project established
18 under paragraph (2) shall submit a report to Con-
19 gress that includes—
20 (A) a description of policies for protecting
21 data, consistent with applicable Federal law;
22 (B) a comprehensive description of all
23 completed or active data linkage activities and
24 projects;
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1 (C) an assessment of the effectiveness of
2 the demonstration project for mitigating risks
3 and removing barriers to a sustained implemen-
4 tation of the National Secure Data Service as
5 recommended by the Commission on Evidence-
6 Based Policymaking; and
7 (D) if deemed effective by the Director, a
8 plan for scaling up the demonstration project to
9 facilitate data access for evidence building while
10 ensuring transparency and privacy.
11 (8) AUTHORIZATION OF APPROPRIATIONS.—
12 There are authorized to be appropriated to the Di-
13 rector to carry out this subsection $9,000,000 for
14 each of fiscal years 2022 through 2026.
15 SEC. 10308. DIRECTORATE FOR SCIENCE AND ENGINEER-
16 ING SOLUTIONS.
17 (a) ESTABLISHMENT.—Subject to the availability of
18 appropriated funds, there is established within the Foun-
19 dation the Directorate for Science and Engineering Solu-
20 tions to advance research and development solutions to ad-
21 dress societal and national challenges for the benefit of
22 all Americans.
23 (b) PURPOSE.—The purpose of the Directorate estab-
24 lished under subsection (a) is to support use-inspired re-
25 search, accelerate the translation of Foundation-supported
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1 fundamental research and to advance technologies, facili-
2 tate commercialization and use of federally funded re-
3 search, and expand the pipeline of United States students
4 and researchers in areas of societal and national impor-
5 tance.
6 (c) ACTIVITIES.—The Director shall achieve the pur-
7 poses described in subsection (b) by awarding financial as-
8 sistance through the Directorate to—
9 (1) support transformational advances in use-
10 inspired and translational research through diverse
11 funding mechanisms and models, including conver-
12 gence accelerators;
13 (2) translate research into science and engineer-
14 ing innovations, including through developing inno-
15 vative approaches to connect research with societal
16 outcomes, developing approaches to technology
17 transfer that do not rely only on traditional market
18 and commercialization tools, education and training
19 for students and researchers on engaging with end
20 users and the public, partnerships that facilitate re-
21 search uptake, application, and scaling, prototype
22 development, entrepreneurial education, developing
23 tech-to-market strategies, and partnerships that con-
24 nect research products to businesses, accelerators,
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1 and incubators and encourage the formation and
2 growth of new companies;
3 (3) develop and expand sustainable and mutu-
4 ally-beneficial use-inspired and translational research
5 and development partnerships and collaborations
6 among institutions of higher education, including
7 minority serving institutions and emerging research
8 institutions, non-profit organizations, labor organiza-
9 tions, businesses and other for-profit entities, Fed-
10 eral or State agencies, community organizations,
11 other Foundation directorates, national labs, field
12 stations and marine laboratories, international enti-
13 ties as appropriate, binational research and develop-
14 ment foundations and funds, excluding foreign enti-
15 ties of concern, and other organizations;
16 (4) build capacity for use-inspired and
17 translational research at institutions of higher edu-
18 cation, including necessary administrative support;
19 (5) expand opportunities for researchers to con-
20 tribute to use-inspired and translational research in-
21 cluding through support for workshops and con-
22 ferences, targeted incentives and training, and multi-
23 disciplinary research centers;
24 (6) support the education, mentoring, and
25 training of undergraduate students, graduate stu-
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1 dents, and postdoctoral researchers in use-inspired
2 and translational approaches to research and entre-
3 preneurship in key focus areas identified under sub-
4 section (g) through scholarships, fellowships, and
5 traineeships;
6 (7) support translational research infrastruc-
7 ture, including platforms and testbeds, data manage-
8 ment and software tools, and networks and commu-
9 nication platforms for interactive and collective
10 learning and information sharing;
11 (8) identify social, behavioral, and economic
12 drivers and consequences of technological innova-
13 tions; and
14 (9) ensure the programmatic work of the Direc-
15 torate and Foundation incorporates a worker per-
16 spective through participation by labor organizations
17 and workforce training organizations.
18 (d) ASSISTANT DIRECTOR.—
19 (1) IN GENERAL.—The Director shall appoint
20 an Assistant Director responsible for the manage-
21 ment of the Directorate established under this sec-
22 tion.
23 (2) TERM LIMIT.—The Assistant Director ap-
24 pointed under paragraph (1) shall serve a term last-
25 ing no longer than 4 years.
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1 (3) QUALIFICATIONS.—The Assistant Director
2 shall be an individual, who by reason of professional
3 background and experience, is specially qualified
4 to—
5 (A) advise the Director on all matters per-
6 taining to use-inspired and translational re-
7 search, development, and commercialization at
8 the Foundation, including partnership with the
9 private sector and other users of Foundation
10 funded research; and
11 (B) develop and implement the necessary
12 policies and procedures to promote a culture of
13 use-inspired and translational research within
14 the Directorate and across the Foundation and
15 carry out the responsibilities under paragraph
16 (4).
17 (4) RESPONSIBILITIES.—The responsibilities of
18 the Assistant Director shall include—
19 (A) advising the Director on all matters
20 pertaining to use-inspired and translational re-
21 search and development activities at the Foun-
22 dation, including effective practices for conver-
23 gence research;
24 (B) identifying opportunities for and facili-
25 tating coordination and collaboration, where ap-
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1 propriate, on use-inspired and translational re-
2 search, development, commercialization, and so-
3 cietal application activities—
4 (i) among the offices, directorates,
5 and divisions within the Foundation; and
6 (ii) between the Foundation and
7 stakeholders in academia, the private sec-
8 tor, including non-profit entities, labor or-
9 ganizations, Federal or State agencies, and
10 international entities, as appropriate;
11 (C) ensuring that the activities carried out
12 under this section are not duplicative of activi-
13 ties supported by other parts of the Foundation
14 or other relevant Federal agencies;
15 (D) approving all new programs within the
16 Directorate;
17 (E) developing and testing diverse merit-
18 review models and mechanisms for selecting
19 and providing awards for use-inspired and
20 translational research and development at dif-
21 ferent scales, from individual investigator
22 awards to large multi-institution collaborations;
23 (F) assessing the success of programs;
24 (G) administering awards to achieve the
25 purposes described in subsection (b); and
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1 (H) performing other such duties per-
2 taining to the purposes in subsection (b) as are
3 required by the Director.
4 (5) RELATIONSHIP TO THE DIRECTOR.—The
5 Assistant Director shall report to the Director.
6 (6) RELATIONSHIP TO OTHER PROGRAMS.—No
7 other directorate within the Foundation shall report
8 to the Assistant Director.
9 (e) ADVISORY COMMITTEE.—
10 (1) IN GENERAL.—In accordance with the Fed-
11 eral Advisory Committee Act (5 U.S.C. App.) the
12 Director shall establish an advisory committee to as-
13 sess, and make recommendations regarding, the ac-
14 tivities carried out under this section.
15 (2) MEMBERSHIP.—The advisory committee
16 members shall—
17 (A) be individuals with relevant experience
18 or expertise, including individuals from industry
19 and national labs, educators, academic subject
20 matter experts, including individuals with
21 knowledge of the technical and social dimen-
22 sions of science and technology, technology
23 transfer experts, labor organizations, and rep-
24 resentatives of civil society, community organi-
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1 zations, and other nongovernmental organiza-
2 tions; and
3 (B) consist of at least 10 members broadly
4 representative of stakeholders, including no less
5 than 3 members from the private sector, none
6 of whom shall be an employee of the Federal
7 Government.
8 (3) RESPONSIBILITIES.—The Committee shall
9 be responsible for—
10 (A) reviewing and evaluating activities car-
11 ried out under this section; and
12 (B) assessing the success of the Direc-
13 torate in and proposing new strategies for ful-
14 filling the purposes in subsection (b).
15 (f) EXISTING PROGRAMS.—The Convergence Accel-
16 erator, the Growing Convergence Research Big Idea, and
17 any other program, at the discretion of the Director, may
18 be managed by the Directorate.
19 (g) FOCUS AREAS.—In consultation with the Assist-
20 ant Director, the Board, and other Federal agencies and
21 taking into account advice under subsection (e), the Direc-
22 tor shall identify, and regularly update, up to 5 focus
23 areas to guide activities under this section. In selecting
24 such focus areas, the Director shall consider the following
25 societal challenges:
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1 (1) Climate change and environmental sustain-
2 ability.
3 (2) Global competitiveness and domestic job
4 creation in critical technologies.
5 (3) Cybersecurity.
6 (4) National security.
7 (5) STEM education and workforce.
8 (6) Social and economic inequality.
9 (h) ELIGIBILITY.—Recipients of funds under this
10 section may include institutions of higher education, re-
11 search institutions, non-profit organizations, private sector
12 entities, consortia, or other entities, as defined by the Di-
13 rector.
14 (i) TECHNOLOGY RESEARCH INSTITUTES.—
15 (1) IN GENERAL.—The Director may award
16 grants and cooperative agreements to institutions of
17 higher education, or consortia thereof, for the plan-
18 ning, establishment, and support of Technology Re-
19 search Institutes in key technology areas, as deter-
20 mined by the Director.
21 (2) USES OF FUNDS.—Funds awarded under
22 this section may be used by a Technology Research
23 Institute to—
24 (A) conduct fundamental research to ad-
25 vance innovation in a key technology;
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1 (B) conduct research involving a key tech-
2 nology to solve challenges with social, economic,
3 health, scientific, and national security implica-
4 tions;
5 (C) further the development, adoption, and
6 commercialization of innovations in key tech-
7 nology focus areas, including through partner-
8 ship with other Federal agencies and Federal
9 laboratories, industry, including startup compa-
10 nies, labor organizations, civil society organiza-
11 tions, and State, territorial, local, and Tribal
12 governments;
13 (D) develop and manage multi-user re-
14 search testbeds and instrumentation for key
15 technologies;
16 (E) develop and manage an accessible re-
17 pository, as appropriate, for research data and
18 computational models relevant to the relevant
19 key technology field, consistent with applicable
20 privacy and intellectual property laws;
21 (F) convene national workshops for re-
22 searchers and other stakeholders in that tech-
23 nology area;
24 (G) establish traineeship programs for
25 graduate students who pursue research related
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1 to the technology leading to a masters or doc-
2 torate degree by providing funding and other
3 assistance, and by providing graduate students
4 opportunities for research experiences in gov-
5 ernment or industry related to the students’
6 studies in that technology area;
7 (H) engage in outreach and engagement to
8 broaden participation in technology research
9 and education; and
10 (I) support such other activities that the
11 Director determines appropriate.
12 (3) CONSIDERATIONS.—In making awards
13 under this section, the Director may consider the ex-
14 tent to which the activities proposed—
15 (A) have the potential to create an innova-
16 tion ecosystem, or enhance existing ecosystems,
17 to translate Technology Research Institute re-
18 search into applications and products, as appro-
19 priate to the topic of each Institute;
20 (B) support transdisciplinary research and
21 development across multiple institutions of
22 higher education and organizations;
23 (C) support transdisciplinary education ac-
24 tivities, including curriculum development, re-
25 search experiences, and faculty professional de-
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1 velopment across undergraduate, graduate, and
2 professional academic programs;
3 (D) involve partnerships with multiple
4 types of institutions, including emerging re-
5 search institutions, historically Black colleges
6 and universities, Tribal Colleges or Universities,
7 and minority serving institutions, and with
8 other Federal agencies, Federal laboratories, in-
9 dustry, State, territorial, local, and Tribal gov-
10 ernments, labor organizations, civil society or-
11 ganizations, and other entities that may use or
12 be affected by the technology; and
13 (E) include a component that addresses
14 the ethical, societal, safety, and security impli-
15 cations relevant to the application of the tech-
16 nology.
17 (4) DURATION.—
18 (A) INITIAL PERIOD.—An award under
19 this section shall be for an initial period of 5
20 years.
21 (B) RENEWAL.—An established Tech-
22 nology Institute may apply for, and the Direc-
23 tor may grant, extended funding for periods of
24 5 years on a merit-reviewed basis.
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1 (5) APPLICATION.—An institution of higher
2 education or consortia thereof seeking financial as-
3 sistance under this section shall submit to the Direc-
4 tor an application at such time, in such manner, and
5 containing such information as the Director may re-
6 quire.
7 (6) COMPETITIVE, MERIT-REVIEW.—In making
8 awards under the section, the Director shall—
9 (A) use a competitive, merit review process
10 that includes peer review by a diverse group of
11 individuals with relevant expertise from both
12 the private and public sectors; and
13 (B) ensure the focus areas of the Institute
14 do not substantially and unnecessarily duplicate
15 the efforts of any other Technology Research
16 Institute or any other similar effort at another
17 Federal agency.
18 (7) COLLABORATION.—In making awards under
19 this section, the Director may collaborate with Fed-
20 eral departments and agencies whose missions con-
21 tribute to or are affected by the technology focus
22 area of the institute.
23 (j) PLANNING AND CAPACITY BUILDING GRANTS.—
24 Section 602 of the American Innovation and Competitive-
25 ness Act (42 U.S.C. 1862s–9) is amended—
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1 (1) by redesignating subsection (e) as sub-
2 section (f); and
3 (2) by inserting after subsection (d), the fol-
4 lowing:
5 ‘‘(e) PLANNING AND CAPACITY BUILDING GRANTS.—
6 ‘‘(1) IN GENERAL.—Under the program estab-
7 lished in section 508 of the America COMPETES
8 Reauthorization Act of 2010 (42 U.S.C. 1862p–2)
9 and the activities authorized under this section, the
10 Director shall award grants to eligible entities for
11 planning and capacity building at institutions of
12 higher education.
13 ‘‘(2) ELIGIBLE ENTITY DEFINED.—In this sub-
14 section, the term ‘eligible entity’ means an institu-
15 tion of higher education (or a consortium of such in-
16 stitutions) that, according to the data published by
17 the National Center for Science and Engineering
18 Statistics, is not, on average, among the top 100 in-
19 stitutions in Federal R&D expenditures during the 3
20 year period prior to the year of the award.
21 ‘‘(3) USE OF FUNDS.—In addition to activities
22 listed under subsection (c), an eligible entity receiv-
23 ing a grant under this subsection may use funds
24 to—
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1 ‘‘(A) ensure the availability of staff, includ-
2 ing technology transfer professionals, entre-
3 preneurs in residence, and other mentors as re-
4 quired to accomplish the purpose of this sub-
5 section;
6 ‘‘(B) revise institution policies, including
7 policies related to intellectual property and fac-
8 ulty entrepreneurship, and taking other nec-
9 essary steps to implement relevant best prac-
10 tices for academic technology transfer;
11 ‘‘(C) develop new local and regional part-
12 nerships among institutions of higher education
13 and between institutions of higher education
14 and private sector entities and other relevant
15 organizations with the purpose of building net-
16 works, expertise, and other capacity to identify
17 promising research that may have potential
18 market value and enable researchers to pursue
19 further development and transfer of their ideas
20 into possible commercial or other use;
21 ‘‘(D) develop seminars, courses, and other
22 educational opportunities for students, post-doc-
23 toral researchers, faculty, and other relevant
24 staff at institutions of higher education to in-
25 crease awareness and understanding of entre-
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1 preneurship, patenting, business planning, and
2 other areas relevant to technology transfer, and
3 connect students and researchers to relevant re-
4 sources, including mentors in the private sector;
5 and
6 ‘‘(E) create and fund competitions to allow
7 entrepreneurial students and faculty to illus-
8 trate the commercialization potential of their
9 ideas.
10 ‘‘(4) MINIMUM DURATION AND SIZE OF
11 AWARD.—Grants awarded under this subsection
12 shall be at least 3 years in duration and $500,000
13 in total amount.
14 ‘‘(5) APPLICATION.—An eligible entity seeking
15 funding under this subsection shall submit an appli-
16 cation to the Director of the Foundation at such
17 time, in such manner, and containing such informa-
18 tion and assurances as such Director may require.
19 The application shall include, at a minimum, a de-
20 scription of how the eligible entity submitting an ap-
21 plication plans to sustain the proposed activities be-
22 yond the duration of the grant.
23 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—
24 From within funds authorized for the Directorate
25 for Science and Engineering Solutions, there are au-
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1 thorized to carry out the activities under this sub-
2 section $40 million for each of fiscal years 2022
3 through 2026.’’.
4 (k) ENTREPRENEURIAL FELLOWSHIPS.—
5 (1) IN GENERAL.—The Director shall award
6 fellowships to Ph.D.-trained scientists and engineers
7 to help develop leaders capable of maturing prom-
8 ising ideas and technologies from lab to market and
9 forge connections between academic research and
10 government, industry, and finance.
11 (2) APPLICATIONS.—An applicant for a fellow-
12 ship under this subsection shall submit to the Direc-
13 tor an application at such time, in such manner, and
14 containing such information as the Director may re-
15 quire. At a minimum, the Director shall require that
16 applicants—
17 (A) have completed a doctoral degree in a
18 STEM field no more than 5 years prior to the
19 date of the application; and
20 (B) have included in the application a let-
21 ter of support from the intended host institu-
22 tion that describes how the fellow will be em-
23 bedded in that institution’s research environ-
24 ment.
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1 (3) OUTREACH.—The Director shall conduct
2 program outreach to recruit fellowship applicants—
3 (A) from diverse research institutions;
4 (B) from all regions of the country; and
5 (C) from groups historically underrep-
6 resented in STEM fields;
7 (4) The Director may enter into an agreement
8 with a third-party entity to administer the fellow-
9 ships, subject to the provisions of this subsection.
10 (5) AUTHORIZATION OF APPROPRIATIONS.—
11 There is authorized to be appropriated to the Direc-
12 tor $100,000,000 for fiscal years 2022 through
13 2026, to carry out the activities outlined in this sub-
14 section.
15 (l) LOW-INCOME SCHOLARSHIP PROGRAM.—
16 (1) IN GENERAL.—The Director shall award
17 scholarships to low-income individuals to enable such
18 individuals to pursue associate, undergraduate, or
19 graduate level degrees in mathematics, engineering,
20 or computer science.
21 (2) ELIGIBILITY.—
22 (A) IN GENERAL.—To be eligible to receive
23 a scholarship under this section, an indi-
24 vidual—
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1 (i) must be a citizen of the United
2 States, a national of the United States (as
3 defined in section 1101(a) of title 8), an
4 alien admitted as a refugee under section
5 1157 of title 8, or an alien lawfully admit-
6 ted to the United States for permanent
7 residence;
8 (ii) shall prepare and submit to the
9 Director an application at such time, in
10 such manner, and containing such infor-
11 mation as the Director may require; and
12 (iii) shall certify to the Director that
13 the individual intends to use amounts re-
14 ceived under the scholarship to enroll or
15 continue enrollment at an institution of
16 higher education (as defined in section
17 1001(a) of title 20) in order to pursue an
18 associate, undergraduate, or graduate level
19 degree in mathematics, engineering, com-
20 puter science, or other technology and
21 science programs designated by the Direc-
22 tor.
23 (B) ABILITY.—Awards of scholarships
24 under this section shall be made by the Director
25 solely on the basis of the ability of the appli-
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1 cant, except that in any case in which 2 or
2 more applicants for scholarships are deemed by
3 the Director to be possessed of substantially
4 equal ability, and there are not sufficient schol-
5 arships available to grant one to each of such
6 applicants, the available scholarship or scholar-
7 ships shall be awarded to the applicants in a
8 manner that will tend to result in a geographi-
9 cally wide distribution throughout the United
10 States of recipients’ places of permanent resi-
11 dence.
12 (3) SCHOLARSHIP AMOUNT AND RENEWAL.—
13 The amount of a scholarship awarded under this
14 section shall be determined by the Director. The Di-
15 rector may renew scholarships for up to 5 years.
16 (4) AUTHORIZATION.—Of amounts authorized
17 for the Directorate for Science and Engineering So-
18 lutions, $100,000,000 shall be authorized for this
19 program.
20 (m) AUTHORITIES.—In addition to existing authori-
21 ties available to the Foundation, the Director may exercise
22 the following authorities in carrying out the activities
23 under this section:
24 (1) AWARDS.—In carrying out this section, the
25 Director may provide awards in the form of grants,
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1 contracts, cooperative agreements, cash prizes, and
2 other transactions.
3 (2) APPOINTMENTS.—The Director shall have
4 the authority to make appointments of scientific, en-
5 gineering, and professional personnel for carrying
6 out research and development functions which re-
7 quire the services of specially qualified personnel re-
8 lating to the focus areas identified under subsection
9 (g) and such other areas of national research prior-
10 ities as the Director may determine.
11 (n) ETHICAL, LEGAL, AND SOCIETAL CONSIDER-
12 ATIONS.—The Director shall establish policies regarding
13 engagement with experts in the social dimensions of
14 science and technology and set up formal avenues for pub-
15 lic input, as appropriate, to ensure that ethical, legal, and
16 societal considerations are explicitly integrated into the
17 priorities for the Directorate, including the selection of
18 focus areas under subsection (g), the award-making proc-
19 ess, and throughout all stages of supported projects.
20 (o) REPORTS AND ROADMAPS.—
21 (1) ANNUAL REPORT.—The Director shall pro-
22 vide to the relevant authorizing and appropriations
23 committees of Congress an annual report describing
24 projects supported by the Directorate during the
25 previous year.
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1 (2) ROADMAP.—Not later than 1 year after the
2 date of enactment of this Act, the Director shall pro-
3 vide to the relevant authorizing and appropriations
4 committees of Congress a roadmap describing the
5 strategic vision that the Directorate will use to guide
6 investment decisions over the following 3 years.
7 (p) EVALUATION.—
8 (1) IN GENERAL.—After the Directorate has
9 been in operation for 6 years, the National Science
10 Board shall evaluate how well the Directorate is
11 achieving the purposes identified in subsection (b),
12 including an assessment of the impact of Directorate
13 activities on the Foundation’s primary science mis-
14 sion.
15 (2) INCLUSIONS.—The evaluation shall in-
16 clude—
17 (A) a recommendation on whether the Di-
18 rectorate should be continued or terminated;
19 and
20 (B) a description of lessons learned from
21 operation of the Directorate.
22 (3) AVAILABILITY.—On completion of the eval-
23 uation, the evaluation shall be made available to
24 Congress and the public.
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1 SEC. 10309. ADMINISTRATIVE AMENDMENTS.
2 (a) SUPPORTING VETERANS IN STEM CAREERS.—
3 Section 3(c) of the Supporting Veterans in STEM Careers
4 Act is amended by striking ‘‘annual’’ and inserting ‘‘bien-
5 nial’’.
6 (b) SUNSHINE ACT COMPLIANCE.—Section 15 of the
7 National Science Foundation Authorization Act of 2002
8 is amended—
9 (1) so that paragraph (3) reads as follows:
10 ‘‘(3) COMPLIANCE REVIEW.—The Inspector
11 General of the Foundation shall conduct a review of
12 the compliance by the Board with the requirements
13 described in paragraph (2) as necessary based on a
14 triennial risk assessment. Any review deemed nec-
15 essary shall examine the proposed and actual con-
16 tent of closed meetings and determine whether the
17 closure of the meetings was consistent with section
18 552b of title 5, United States Code.’’; and
19 (2) by striking paragraphs (4) and (5) and in-
20 serting the following:
21 ‘‘(4) MATERIALS RELATING TO CLOSED POR-
22 TIONS OF MEETING.—To facilitate the risk assess-
23 ment required under paragraph (3) of this sub-
24 section, and any subsequent review conducted by the
25 Inspector General, the Office of the National Science
26 Board shall maintain the General Counsel’s certifi-
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1 cate, the presiding officer’s statement, and a tran-
2 script or recording of any closed meeting, for at
3 least 3 years after such meeting.’’.
4 (c) SCIENCE AND ENGINEERING INDICATORS RE-
5 PORT SUBMISSION.—Section 4(j)(1) of the National
6 Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1))
7 is amended by striking ‘‘January 15’’ and inserting
8 ‘‘March 15’’.
9 (d) OTHER REQUIREMENTS.—All laborers and me-
10 chanics employed by contractors or subcontractors in the
11 performance of construction, alteration or repair work as-
12 sisted in whole or in part under this title shall be paid
13 wages at rates not less than those prevailing on projects
14 of a similar character in the locality as determined by the
15 Secretary of Labor in accordance with subchapter IV of
16 chapter 31 of title 40, United States Code. With respect
17 to the labor standards specified in this section, the Sec-
18 retary of Labor shall have the authority and functions set
19 forth in Reorganization Plan Numbered 14 of 1950 (64
20 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40,
21 United States Code.
22 SEC. 10310. MICROGRAVITY UTILIZATION POLICY.
23 (a) SENSE OF CONGRESS.—It is the sense of Con-
24 gress that space technology and the utilization of the
25 microgravity environment for science, engineering, and
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1 technology development is critical to long-term competi-
2 tiveness with near-peer competitors, including China.
3 (b) POLICY.—To the greatest extent appropriate, the
4 National Science Foundation (in this section referred to
5 as the ‘‘Foundation’’) shall facilitate access to the micro-
6 gravity environment for awardees of funding from the
7 Foundation, including in private sector platforms, for the
8 development of science, engineering, and technology.
9 (c) REPORT.—Not later than 180 days after the date
10 of enactment of this Act, the Director of the Foundation
11 shall provide to the appropriate committees of Congress
12 a report on the Foundation’s plan for facilitating awardee
13 access to the microgravity environment.
14 SEC. 10311. RECOGNITION OF THE ARECIBO OBSERVATORY.
15 (a) FINDINGS.—Congress finds the following:
16 (1) The Department of Defense began devel-
17 oping the Arecibo Observatory located in Barrio
18 Esperanza, Arecibo, Puerto Rico, during the 1950s,
19 and its characteristic instrument, a large radio tele-
20 scope of 305 meters in diameter was completed in
21 1963.
22 (2) The facility was later owned by the National
23 Science Foundation, and supported by the National
24 Aeronautics and Space Administration and various
25 university partners.
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1 (3) The Arecibo Observatory’s 305-meter fixed
2 spherical radio telescope, was the world’s largest sin-
3 gle-dish radio telescope until the Five-Hundred-
4 Meter Aperture Spherical Radio Telescope located in
5 Gizhou, China, began observing in 2016.
6 (4) The 305-meter radio telescope made unpar-
7 alleled contributions to the fields of radio astronomy,
8 planetary, and atmospheric sciences, and played a
9 role in inspiring thousands of students in Puerto
10 Rico, the Nation, and the world to pursue careers in
11 STEM fields through the Arecibo Observatory Edu-
12 cation and Public Outreach Programs.
13 (5) The radio telescope significantly advanced
14 the field of radio astronomy, including the first indi-
15 rect detection of gravitational waves, the first detec-
16 tion of extrasolar planets, innumerable contributions
17 to the field of time domain astronomy and the study
18 of the interstellar medium, and played a key role in
19 the search for extraterrestrial intelligence.
20 (6) The Arecibo Observatory had the best plan-
21 etary radar system in the world, used by the Na-
22 tional Aeronautics and Space Administration for
23 near-Earth object detection and was an essential
24 part of the agency’s planetary defense program.
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1 (7) The planetary radar at the Arecibo Observ-
2 atory has contributed fundamentally and signifi-
3 cantly to the knowledge of the solar system.
4 (8) The Arecibo Observatory’s Incoherent Scat-
5 ter Radar and supporting facilities have provided
6 fundamental understanding of the ionosphere and
7 upper atmosphere, and the interface between the at-
8 mosphere and space that protects the planet from
9 solar wind, meteors, and other potential threats.
10 (9) December 1, 2021, marks the 1-year anni-
11 versary of the uncontrolled collapse sustained by the
12 radio telescope after a series of cable failures in
13 tower 4.
14 (b) SENSE OF CONGRESS.—It is the sense of Con-
15 gress that the Congress—
16 (1) acknowledges the loss of the Arecibo Ob-
17 servatory’s radio telescope due to its collapse and its
18 implications for the loss of a unique world-class mul-
19 tidisciplinary science facility which conducted re-
20 search in the areas of space and atmospheric
21 sciences, radar astronomy and planetary sciences,
22 astronomy, and astrophysics;
23 (2) acknowledges that the uncontrolled collapse
24 of the 305-meter radio telescope represents a loss of
25 astronomical observation capabilities, scientific re-
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1 search and development, planetary defense capabili-
2 ties, and applied science capabilities for the United
3 States;
4 (3) recognizes the rich scientific, educational,
5 and economic benefits that the Arecibo Telescope
6 has made to the people of Puerto Rico, the Nation,
7 and the world;
8 (4) recognizes the work and contributions made
9 by the thousands of dedicated staff who have sup-
10 ported the Arecibo Observatory for close to 6 dec-
11 ades;
12 (5) commends the National Science Foundation
13 for convening a virtual workshop in June 2021, to
14 explore ideas for future scientific and educational ac-
15 tivities at the Arecibo Observatory; and
16 (6) encourages the National Science Founda-
17 tion, the National Aeronautics and Space Adminis-
18 tration, and other agencies to explore opportunities
19 for strengthening and expanding the role of the Are-
20 cibo Observatory in Puerto Rico through education,
21 outreach, and diversity programs, and future re-
22 search capabilities and technology at the site.
23 SEC. 10312. HANDS-ON LEARNING OPPORTUNITIES IN STEM
24 EDUCATION.
25 (a) DEFINITIONS.—In this section:
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1 (1) ESEA TERMS.—The terms ‘‘elementary
2 school’’, ‘‘high school’’, ‘‘secondary school’’, and
3 ‘‘State’’ have the meanings given the terms in sec-
4 tion 8101 of the Elementary and Secondary Edu-
5 cation Act of 1965 (20 U.S.C. 7801).
6 (2) ELIGIBLE NONPROFIT PROGRAM.—The
7 term ‘‘eligible nonprofit program’’—
8 (A) means a nonprofit program serving
9 prekindergarten, elementary school, or sec-
10 ondary school students; and
11 (B) includes a program described in sub-
12 paragraph (A) that covers the continuum of
13 education from prekindergarten through high
14 school and is available in every State.
15 (3) DIRECTOR.—The term ‘‘Director’’ means
16 the Director of the National Science Foundation.
17 (4) STEM.—The term ‘‘STEM’’ means science,
18 technology, engineering, and mathematics.
19 (b) PURPOSES.—The purposes of this section are
20 to—
21 (1) provide effective, compelling, and engaging
22 means for teaching and reinforcing fundamental
23 STEM concepts and inspiring the youth of the
24 United States to pursue careers in STEM-related
25 fields;
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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 (c) PROGRAM AUTHORIZED.—
7 (1) IN GENERAL.—The Director shall, subject
8 to the availability of appropriations for such pur-
9 poses, make awards to eligible nonprofit programs
10 for supporting hands-on learning opportunities in
11 STEM education, including via after-school activities
12 and innovative learning opportunities such as robot-
13 ics competitions and for the purposes of evaluating
14 the impact of such programs on STEM learning and
15 disseminating the results of such evaluations.
16 (2) PRIORITY.—In making awards under the
17 program, the Director shall give priority to eligible
18 nonprofit programs serving students that attend ele-
19 mentary schools or secondary schools (including high
20 schools) that—
21 (A) are implementing comprehensive sup-
22 port and improvement activities or targeted
23 support and improvement activities under para-
24 graph (1) or (2) of section 1111(d) of the Ele-
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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
8 using comparable data from the schools that
9 feed into the high school).
10 TITLE IV—BIOECONOMY
11 RESEARCH AND DEVELOPMENT
12 SEC. 10401. FINDINGS.
13 The Congress makes the following findings:
14 (1) Cellular and molecular processes may be
15 used, mimicked, or redesigned to develop new prod-
16 ucts, processes, and systems that improve societal
17 well-being, strengthen national security, and con-
18 tribute to the economy.
19 (2) Engineering biology relies on a workforce
20 with a diverse and unique set of skills combining the
21 biological, physical, chemical, and information
22 sciences and engineering.
23 (3) Long-term research and development is nec-
24 essary to create breakthroughs in engineering biol-
25 ogy. Such research and development requires govern-
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1 ment investment as many of the benefits are too dis-
2 tant or uncertain for industry to support alone.
3 (4) Research is necessary to inform evidence-
4 based governance of engineering biology and to sup-
5 port the growth of the engineering biology industry.
6 (5) The Federal Government has an obligation
7 to ensure that ethical, legal, environmental, safety,
8 security, and societal implications of its science and
9 technology research and investment follows policies
10 of responsible innovation and fosters public trans-
11 parency.
12 (6) The Federal Government can play an im-
13 portant role by facilitating the development of tools
14 and technologies to further advance engineering biol-
15 ogy, including user facilities, by facilitating public-
16 private partnerships, by supporting risk research,
17 and by facilitating the commercial application in the
18 United States of research funded by the Federal
19 Government.
20 (7) The United States led the development of
21 the science and engineering techniques that created
22 the field of engineering biology, but due to increas-
23 ing international competition, the United States is
24 at risk of losing its competitive advantage if it does
25 not strategically invest the necessary resources.
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1 (8) A National Engineering Biology Initiative
2 can serve to establish new research directions and
3 technology goals, improve interagency coordination
4 and planning processes, drive technology transfer to
5 the private sector, and help ensure optimal returns
6 on the Federal investment.
7 SEC. 10402. DEFINITIONS.
8 In this title:
9 (1) BIOMANUFACTURING.—The term ‘‘bio-
10 manufacturing’’ means the utilization of biological
11 systems to develop new and advance existing prod-
12 ucts, tools, and processes at commercial scale.
13 (2) ENGINEERING BIOLOGY.—The term ‘‘engi-
14 neering biology’’ means the application of engineer-
15 ing design principles and practices to biological sys-
16 tems, including molecular and cellular systems, to
17 advance fundamental understanding of complex nat-
18 ural systems and to enable novel or optimize func-
19 tions and capabilities.
20 (3) INITIATIVE.—The term ‘‘Initiative’’ means
21 the National Engineering Biology Research and De-
22 velopment Initiative established under section
23 10403.
24 (4) OMICS.—The term ‘‘omics’’ refers to the
25 collective technologies used to explore the roles, rela-
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1 tionships, and actions of the various types of mol-
2 ecules that make up the cells and systems of an or-
3 ganism and the systems level analysis of their func-
4 tions.
5 SEC. 10403. NATIONAL ENGINEERING BIOLOGY RESEARCH
6 AND DEVELOPMENT INITIATIVE.
7 (a) IN GENERAL.—The President, acting through the
8 Office of Science and Technology Policy, shall implement
9 a National Engineering Biology Research and Develop-
10 ment Initiative to advance societal well-being, national se-
11 curity, sustainability, and economic productivity and com-
12 petitiveness through—
13 (1) advancing areas of research at the intersec-
14 tion of the biological, physical, chemical, data, and
15 computational and information sciences and engi-
16 neering to accelerate scientific understanding and
17 technological innovation in engineering biology;
18 (2) advancing areas of biomanufacturing re-
19 search to optimize, standardize, scale, and deliver
20 new products and solutions;
21 (3) supporting social and behavioral sciences
22 and economics research that advances the field of
23 engineering biology and contributes to the develop-
24 ment and public understanding of new products,
25 processes, and technologies;
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1 (4) improving the understanding of engineering
2 biology of the scientific and lay public and sup-
3 porting greater evidence-based public discourse
4 about its benefits and risks;
5 (5) supporting research relating to the risks
6 and benefits of engineering biology, including under
7 subsection (d);
8 (6) supporting the development of novel tools
9 and technologies to accelerate scientific under-
10 standing and technological innovation in engineering
11 biology;
12 (7) expanding the number of researchers, edu-
13 cators, and students and a retooled workforce with
14 engineering biology training, including from tradi-
15 tionally underrepresented and underserved popu-
16 lations;
17 (8) accelerating the translation and commer-
18 cialization of engineering biology and biomanufac-
19 turing research and development by the private sec-
20 tor; and
21 (9) improving the interagency planning and co-
22 ordination of Federal Government activities related
23 to engineering biology.
24 (b) INITIATIVE ACTIVITIES.—The activities of the
25 Initiative shall include—
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1 (1) sustained support for engineering biology
2 research and development through—
3 (A) grants to fund the work of individual
4 investigators and teams of investigators, includ-
5 ing interdisciplinary teams;
6 (B) projects funded under joint solicita-
7 tions by a collaboration of no fewer than two
8 agencies participating in the Initiative; and
9 (C) interdisciplinary research centers that
10 are organized to investigate basic research
11 questions, carry out technology development
12 and demonstration activities, and increase un-
13 derstanding of how to scale up engineering biol-
14 ogy processes, including biomanufacturing;
15 (2) sustained support for databases and related
16 tools, including—
17 (A) support for the establishment,
18 curation, and maintenance of curated genomics,
19 epigenomics, and other relevant omics data-
20 bases, including plant, animal, and microbial
21 databases, that are available to researchers to
22 carry out engineering biology research in a
23 manner that does not compromise national se-
24 curity or the privacy or security of information
25 within such databases;
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1 (B) development of standards for such
2 databases, including for curation, interoper-
3 ability, and protection of privacy and security;
4 (C) support for the development of com-
5 putational tools, including artificial intelligence
6 tools, that can accelerate research and innova-
7 tion using such databases; and
8 (D) an inventory and assessment of all
9 Federal government omics databases to identify
10 opportunities to improve the utility of such
11 databases, as appropriate and in a manner that
12 does not compromise national security or the
13 privacy and security of information within such
14 databases, and inform investment in such data-
15 bases as critical infrastructure for the engineer-
16 ing biology research enterprise;
17 (3) sustained support for the development, opti-
18 mization, and validation of novel tools and tech-
19 nologies to enable the dynamic study of molecular
20 processes in situ, including through—
21 (A) research conducted at Federal labora-
22 tories;
23 (B) grants to fund the work of investiga-
24 tors at institutions of higher education and
25 other nonprofit research institutions;
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1 (C) incentivized development of retooled in-
2 dustrial sites across the country that foster a
3 pivot to modernized engineering biology initia-
4 tives; and
5 (D) awards under the Small Business In-
6 novation Research Program and the Small
7 Business Technology Transfer Program, as de-
8 scribed in section 9 of the Small Business Act
9 (15 U.S.C. 638);
10 (4) support for education and training of un-
11 dergraduate and graduate students in engineering
12 biology, biomanufacturing, bioprocess engineering,
13 and computational science applied to engineering bi-
14 ology and in the related ethical, legal, environmental,
15 safety, security, and other societal domains;
16 (5) support for a national network of testbeds
17 based on open standards, interfaces, and processes,
18 including by repurposing existing facilities such as
19 those in paragraph 3(C), that would enable scale up
20 of laboratory engineering biology research;
21 (6) activities to develop robust mechanisms for
22 documenting and quantifying the outputs and eco-
23 nomic benefits of engineering biology; and
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1 (7) activities to accelerate the translation and
2 commercialization of new products, processes, and
3 technologies by—
4 (A) identifying precompetitive research op-
5 portunities;
6 (B) facilitating public-private partnerships
7 in engineering biology research and develop-
8 ment, including to address barriers to scaling
9 up innovations in engineering biology;
10 (C) connecting researchers, graduate stu-
11 dents, and postdoctoral fellows with entrepre-
12 neurship education and training opportunities;
13 and
14 (D) supporting proof of concept activities
15 and the formation of startup companies includ-
16 ing through programs such as the Small Busi-
17 ness Innovation Research Program and the
18 Small Business Technology Transfer Program.
19 (c) EXPANDING PARTICIPATION.—The Initiative
20 shall include, to the maximum extent practicable, outreach
21 to primarily undergraduate and minority-serving institu-
22 tions about Initiative opportunities, and shall encourage
23 the development of research collaborations between re-
24 search-intensive universities and primarily undergraduate
25 and minority-serving institutions.
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1 (d) ETHICAL, LEGAL, ENVIRONMENTAL, SAFETY,
2 SECURITY, AND SOCIETAL ISSUES.—Initiative activities
3 shall take into account ethical, legal, environmental, safe-
4 ty, security, and other appropriate societal issues by—
5 (1) supporting research, including in the social
6 sciences, and other activities addressing ethical,
7 legal, environmental, and other appropriate societal
8 issues related to engineering biology, including inte-
9 grating research on such topics with the research
10 and development in engineering biology, and encour-
11 aging the dissemination of the results of such re-
12 search, including through interdisciplinary engineer-
13 ing biology research centers described in subsection
14 (b)(1);
15 (2) supporting research and other activities re-
16 lated to the safety and security implications of engi-
17 neering biology, including outreach to increase
18 awareness among Federal researchers and Federally-
19 funded researchers at institutions of higher edu-
20 cation about potential safety and security implica-
21 tions of engineering biology research, as appropriate;
22 (3) ensuring that input from Federal and non-
23 Federal experts on the ethical, legal, environmental,
24 safety, security, and other appropriate societal issues
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1 related to engineering biology is integrated into the
2 Initiative;
3 (4) ensuring, through the agencies and depart-
4 ments that participate in the Initiative, that public
5 input and outreach are integrated into the Initiative
6 by the convening of regular and ongoing public dis-
7 cussions through mechanisms such as workshops,
8 consensus conferences, and educational events, as
9 appropriate; and
10 (5) complying with all applicable provisions of
11 Federal law.
12 SEC. 10404. INITIATIVE COORDINATION.
13 (a) INTERAGENCY COMMITTEE.—The President, act-
14 ing through the Office of Science and Technology Policy,
15 shall designate an interagency committee to coordinate ac-
16 tivities of the Initiative as appropriate, which shall be co-
17 chaired by the Office of Science and Technology Policy.
18 The Director of the Office of Science and Technology Pol-
19 icy shall select an additional co-chairperson from among
20 the members of the Interagency Committee. The Inter-
21 agency Committee shall oversee the planning, manage-
22 ment, and coordination of the Initiative. The Interagency
23 Committee shall—
24 (1) provide for interagency coordination of Fed-
25 eral engineering biology research, development, and
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1 other activities undertaken pursuant to the Initia-
2 tive;
3 (2) establish and periodically update goals and
4 priorities for the Initiative;
5 (3) develop, not later than 12 months after the
6 date of the enactment of this Act, and update every
7 5 years thereafter, a strategic plan submitted to the
8 Committee on Science, Space, and Technology, the
9 Committee on Agriculture, and the Committee on
10 Energy and Commerce of the House of Representa-
11 tives and the Committee on Commerce, Science, and
12 Transportation, the Committee on Agriculture, Nu-
13 trition, and Forestry, and the Committee on Health,
14 Education, Labor, and Pensions of the Senate
15 that—
16 (A) guides the activities of the Initiative
17 for purposes of meeting the goals and priorities
18 established under (and updated pursuant to)
19 paragraph (2); and
20 (B) describes—
21 (i) the Initiative’s support for long-
22 term funding for interdisciplinary engineer-
23 ing biology research and development;
24 (ii) the Initiative’s support for edu-
25 cation and public outreach activities;
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1 (iii) the Initiative’s support for re-
2 search and other activities on ethical, legal,
3 environmental, safety, security, and other
4 appropriate societal issues related to engi-
5 neering biology including—
6 (I) an applied biorisk manage-
7 ment research plan;
8 (II) recommendations for inte-
9 grating security into biological data
10 access and international reciprocity
11 agreements;
12 (III) recommendations for manu-
13 facturing restructuring to support en-
14 gineering biology research, develop-
15 ment, and scaling-up initiatives; and
16 (IV) an evaluation of existing
17 biosecurity governance policies, guid-
18 ance, and directives for the purposes
19 of creating an adaptable, evidence-
20 based framework to respond to emerg-
21 ing biosecurity challenges created by
22 advances in engineering biology;
23 (iv) how the Initiative will contribute
24 to moving results out of the laboratory and
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1 into application for the benefit of society
2 and United States competitiveness; and
3 (v) how the Initiative will measure
4 and track the contributions of engineering
5 biology to United States economic growth
6 and other societal indicators;
7 (4) develop a national genomic sequencing
8 strategy to ensure engineering biology research fully
9 leverages plant, animal, and microbe biodiversity, as
10 appropriate and in a manner that does not com-
11 promise economic competitiveness, national security,
12 or the privacy or security of human genetic informa-
13 tion, to enhance long-term innovation and competi-
14 tiveness in engineering biology in the United States;
15 (5) develop a plan to utilize Federal programs,
16 such as the Small Business Innovation Research
17 Program and the Small Business Technology Trans-
18 fer Program as described in section 9 of the Small
19 Business Act (15 U.S.C. 638), in support of the ac-
20 tivities described in section 10403(b)(3); and
21 (6) in carrying out this section, take into con-
22 sideration the recommendations of the advisory com-
23 mittee established under section 10405, the results
24 of the workshop convened under section 10406, ex-
25 isting reports on related topics, and the views of aca-
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1 demic, State, industry, and other appropriate
2 groups.
3 (b) QUINQUENNIAL REPORT.—Beginning with fiscal
4 year 2022 and ending in fiscal year 2028, not later than
5 90 days after submission of the President’s annual budget
6 request and every fifth fiscal year thereafter, the Inter-
7 agency Committee shall prepare and submit to the Com-
8 mittee on Science, Space, and Technology and the Com-
9 mittee on Agriculture of the House of Representatives and
10 the Committee on Commerce, Science, and Transportation
11 and the Committee on Agriculture, Nutrition, and For-
12 estry of the Senate a report that includes—
13 (1) a summarized agency budget in support of
14 the Initiative for the fiscal year to which such budg-
15 et request applies, for the following 2 fiscal years,
16 for the then current fiscal year, including a breakout
17 of spending for each agency participating in the Pro-
18 gram, and for the development and acquisition of
19 any research facilities and instrumentation; and
20 (2) an assessment of how Federal agencies are
21 implementing the plan described in subsection
22 (a)(3), including—
23 (A) a description of the amount and num-
24 ber of awards made under the Small Business
25 Innovation Research Program and the Small
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1 Business Technology Transfer Program (as de-
2 scribed in section 9 of the Small Business Act
3 (15 U.S.C. 638)) in support of the Initiative;
4 (B) a description of the amount and num-
5 ber of projects funded under joint solicitations
6 by a collaboration of no fewer than 2 agencies
7 participating in the Initiative; and
8 (C) a description of the effect of the newly
9 funded projects by the Initiative.
10 (c) INITIATIVE OFFICE.—
11 (1) IN GENERAL.—The President shall establish
12 an Initiative Coordination Office, with a Director
13 and full-time staff, which shall—
14 (A) provide technical and administrative
15 support to the interagency committee and the
16 advisory committee established under section
17 10405;
18 (B) serve as the point of contact on Fed-
19 eral engineering biology activities for govern-
20 ment organizations, academia, industry, profes-
21 sional societies, State governments, interested
22 citizen groups, and others to exchange technical
23 and programmatic information;
24 (C) oversee interagency coordination of the
25 Initiative, including by encouraging and sup-
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1 porting joint agency solicitation and selection of
2 applications for funding of activities under the
3 Initiative, as appropriate;
4 (D) conduct public outreach, including dis-
5 semination of findings and recommendations of
6 the advisory committee established under sec-
7 tion 10405, as appropriate;
8 (E) serve as the coordinator of ethical,
9 legal, environmental, safety, security, and other
10 appropriate societal input; and
11 (F) promote access to, and early applica-
12 tion of, the technologies, innovations, and ex-
13 pertise derived from Initiative activities to agen-
14 cy missions and systems across the Federal
15 Government, and to United States industry, in-
16 cluding startup companies.
17 (2) FUNDING.—The Director of the Office of
18 Science and Technology Policy, in coordination with
19 each participating Federal department and agency,
20 as appropriate, shall develop and annually update an
21 estimate of the funds necessary to carry out the ac-
22 tivities of the Initiative Coordination Office and sub-
23 mit such estimate with an agreed summary of con-
24 tributions from each agency to Congress as part of
25 the President’s annual budget request to Congress.
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1 (3) TERMINATION.—The Initiative Coordination
2 Office established under this subsection shall termi-
3 nate on the date that is 10 years after the date of
4 the enactment of this Act.
5 (d) RULE OF CONSTRUCTION.—Nothing in this sec-
6 tion shall be construed to alter the policies, processes, or
7 practices of individual Federal agencies in effect on the
8 day before the date of the enactment of this Act relating
9 to the conduct of biomedical research and advanced devel-
10 opment, including the solicitation and review of extra-
11 mural research proposals.
12 SEC. 10405. ADVISORY COMMITTEE.
13 (a) IN GENERAL.—The agency co-chair of the inter-
14 agency committee established in section 10404 shall, in
15 consultation with the Office of Science and Technology
16 Policy, designate or establish an advisory committee on
17 engineering biology research and development (in this sec-
18 tion referred to as the ‘‘advisory committee’’) to be com-
19 posed of not fewer than 12 members, including representa-
20 tives of research and academic institutions, industry, and
21 nongovernmental entities, who are qualified to provide ad-
22 vice on the Initiative.
23 (b) ASSESSMENT.—The advisory committee shall as-
24 sess—
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1 (1) the current state of United States competi-
2 tiveness in engineering biology, including the scope
3 and scale of United States investments in engineer-
4 ing biology research and development in the inter-
5 national context;
6 (2) current market barriers to commercializa-
7 tion of engineering biology products, processes, and
8 tools in the United States;
9 (3) progress made in implementing the Initia-
10 tive;
11 (4) the need to revise the Initiative;
12 (5) the balance of activities and funding across
13 the Initiative;
14 (6) whether the strategic plan developed or up-
15 dated by the interagency committee established
16 under section 10404 is helping to maintain United
17 States leadership in engineering biology; and
18 (7) whether ethical, legal, environmental, safety,
19 security, and other appropriate societal issues are
20 adequately addressed by the Initiative.
21 (c) REPORTS.—Beginning not later than 2 years
22 after the date of enactment of this Act, and not less fre-
23 quently than once every 5 years thereafter, the advisory
24 committee shall submit to the President, the Committee
25 on Science, Space, and Technology and the Committee on
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1 Agriculture of the House of Representatives, and the Com-
2 mittee on Commerce, Science, and Transportation and the
3 Committee on Agriculture, Nutrition, and Forestry of the
4 Senate, a report on—
5 (1) the findings of the advisory committee’s as-
6 sessment under subsection (b); and
7 (2) the advisory committee’s recommendations
8 for ways to improve the Initiative.
9 (d) APPLICATION OF FEDERAL ADVISORY COM-
10 MITTEE ACT.—Section 14 of the Federal Advisory Com-
11 mittee Act (5 U.S.C. App.) shall not apply to the Advisory
12 Committee.
13 (e) TERMINATION.—The advisory committee estab-
14 lished under subsection (a) shall terminate on the date
15 that is 10 years after the date of the enactment of this
16 Act.
17 SEC. 10406. EXTERNAL REVIEW OF ETHICAL, LEGAL, ENVI-
18 RONMENTAL, SAFETY, SECURITY, AND SOCI-
19 ETAL ISSUES.
20 (a) IN GENERAL.—Not later than 6 months after the
21 date of enactment of this Act, the Director of the National
22 Science Foundation shall seek to enter into an agreement
23 with the National Academies of Sciences, Engineering,
24 and Medicine to conduct a review, and make recommenda-
25 tions with respect to, the ethical, legal, environmental,
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1 safety, security, and other appropriate societal issues re-
2 lated to engineering biology research and development.
3 The review shall include—
4 (1) an assessment of the current research on
5 such issues;
6 (2) a description of the research gaps relating
7 to such issues;
8 (3) recommendations on how the Initiative can
9 address the research needs identified pursuant to
10 paragraph (2); and
11 (4) recommendations on how researchers en-
12 gaged in engineering biology can best incorporate
13 considerations of ethical, legal, environmental, safe-
14 ty, security, and other societal issues into the devel-
15 opment of research proposals and the conduct of re-
16 search.
17 (b) REPORT TO CONGRESS.—The agreement entered
18 into under subsection (a) shall require the National Acad-
19 emies of Sciences, Engineering, and Medicine to, not later
20 than 2 years after the date of the enactment of this Act—
21 (1) submit to the Committee on Science, Space,
22 and Technology and the Committee on Agriculture
23 of the House of Representatives and the Committee
24 on Commerce, Science, and Transportation and the
25 Committee on Agriculture, Nutrition, and Forestry
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1 of the Senate a report containing the findings and
2 recommendations of the review conducted under sub-
3 section (a); and
4 (2) make a copy of such report available on a
5 publicly accessible website.
6 SEC. 10407. AGENCY ACTIVITIES.
7 (a) NATIONAL SCIENCE FOUNDATION.—As part of
8 the Initiative, the National Science Foundation shall—
9 (1) support research in engineering biology and
10 biomanufacturing through individual grants, collabo-
11 rative grants, and through interdisciplinary research
12 centers;
13 (2) support research on the environmental,
14 legal, ethical, and social implications of engineering
15 biology;
16 (3) provide support for research instrumenta-
17 tion, equipment, and cyberinfrastructure for engi-
18 neering biology disciplines, including support for re-
19 search, development, optimization and validation of
20 novel technologies to enable the dynamic study of
21 molecular processes in situ;
22 (4) support curriculum development and re-
23 search experiences for secondary, undergraduate,
24 and graduate students in engineering biology and
25 biomanufacturing, including through support for
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1 graduate fellowships and traineeships in engineering
2 biology; and
3 (5) award grants, on a competitive basis, to en-
4 able institutions to support graduate students and
5 postdoctoral fellows who perform some of their engi-
6 neering biology research in an industry setting.
7 (b) DEPARTMENT OF COMMERCE.—
8 (1) NATIONAL INSTITUTE OF STANDARDS AND
9 TECHNOLOGY.—As part of the Initiative, the Direc-
10 tor of the National Institute of Standards and Tech-
11 nology shall—
12 (A) advance the development of standard
13 reference materials and measurements, includ-
14 ing to promote interoperability between new
15 component technologies and processes for engi-
16 neering biology and biomanufacturing discovery,
17 innovation, and production processes;
18 (B) create new data tools, techniques, and
19 processes necessary to advance engineering biol-
20 ogy and biomanufacturing;
21 (C) provide access to user facilities with
22 advanced or unique equipment, services, mate-
23 rials, and other resources to industry, institu-
24 tions of higher education, nonprofit organiza-
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1 tions, and government agencies to perform re-
2 search and testing; and
3 (D) provide technical expertise to inform
4 the potential development of guidelines or safe-
5 guards for new products, processes, and sys-
6 tems of engineering biology.
7 (2) NATIONAL OCEANIC AND ATMOSPHERIC AD-
8 MINISTRATION.—As part of the initiative, the Ad-
9 ministrator of the National Oceanic and Atmos-
10 pheric Administration shall—
11 (A) conduct and support research in omics
12 and associated bioinformatic sciences and de-
13 velop tools and products to improve ecosystem
14 stewardship, monitoring, management, assess-
15 ments and forecasts, consistent with the mis-
16 sion of the agency; and
17 (B) collaborate with other agencies to un-
18 derstand potential environmental threats and
19 safeguards related to engineering biology.
20 (c) DEPARTMENT OF ENERGY.—As part of the Ini-
21 tiative, the Secretary of Energy shall—
22 (1) conduct and support research, development,
23 demonstration, and commercial application activities
24 in engineering biology, including in the areas of syn-
25 thetic biology, advanced biofuel and bioproduct de-
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1 velopment, biobased materials, and environmental
2 remediation;
3 (2) support the development, optimization and
4 validation of novel, scalable tools and technologies to
5 enable the dynamic study of molecular processes in
6 situ;
7 (3) provide access to user facilities with ad-
8 vanced or unique equipment, services, materials, and
9 other resources, including secure access to high-per-
10 formance computing, as appropriate, to industry, in-
11 stitutions of higher education, nonprofit organiza-
12 tions, and government agencies to perform research
13 and testing; and
14 (4) strengthen collaboration between the Office
15 of Science and the Energy Efficiency and Renewable
16 Energy Office to help transfer fundamental research
17 results to industry and accelerate commercial appli-
18 cations.
19 (d) NATIONAL AERONAUTICS AND SPACE ADMINIS-
20 TRATION.—As part of the Initiative, the National Aero-
21 nautics and Space Administration shall—
22 (1) conduct and support research in engineering
23 biology, including in synthetic biology, and related to
24 Earth and space sciences, aeronautics, space tech-
25 nology, and space exploration and experimentation,
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1 consistent with the priorities established in the Na-
2 tional Academies’ decadal surveys; and
3 (2) award grants, on a competitive basis, that
4 enable institutions to support graduate students and
5 postdoctoral fellows who perform some of their engi-
6 neering biology research in an industry setting.
7 (e) DEPARTMENT OF AGRICULTURE.—As part of the
8 Initiative, the Secretary of Agriculture shall support re-
9 search and development in engineering biology, including
10 in synthetic biology, alternative proteins, and biomaterials,
11 through the Agricultural Research Service, the National
12 Institute of Food and Agriculture programs, and the Of-
13 fice of the Chief Scientist.
14 (f) ENVIRONMENTAL PROTECTION AGENCY.—As
15 part of the Initiative, the Environmental Protection Agen-
16 cy shall support research on how products, processes, and
17 systems of engineering biology will affect or can protect
18 the environment.
19 (g) DEPARTMENT OF HEALTH AND HUMAN SERV-
20 ICES.—As part of the Initiative, the Secretary of Health
21 and Human Services, as appropriate and consistent with
22 activities of the Department of Health and Human Serv-
23 ices in effect on the day before the date of the enactment
24 of this Act, shall—
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1 (1) support research and development to ad-
2 vance the understanding and application of engineer-
3 ing biology for human health;
4 (2) support relevant interdisciplinary research
5 and coordination; and
6 (3) support activities necessary to facilitate
7 oversight of relevant emerging biotechnologies.
8 SEC. 10408. RULE OF CONSTRUCTION.
9 Nothing in this title shall be construed to require
10 public disclosure of information that is exempt from man-
11 datory disclosure under section 552 of title 5, United
12 States Code.
13 TITLE V—BROADENING
14 PARTICIPATION IN SCIENCE
15 Subtitle A—STEM Opportunities
16 SEC. 10501. FINDINGS.
17 The Congress finds the following:
18 (1) Many reports over the past decade have
19 found that it is critical to our Nation’s economic
20 leadership and global competitiveness that the
21 United States educates and trains more scientists
22 and engineers.
23 (2) Research shows that women and minorities
24 who are interested in STEM careers are dispropor-
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1 tionately lost at nearly every educational transition
2 and at every career milestone.
3 (3) The National Center for Science and Engi-
4 neering Statistics at the National Science Founda-
5 tion collects, compiles, analyzes, and publishes data
6 on the demographics of STEM degrees and STEM
7 jobs in the United States.
8 (4) Women now earn nearly 37 percent of all
9 STEM bachelor’s degrees, but major variations per-
10 sist among fields. In 2017, women earned only 20
11 percent of all bachelor’s degrees awarded in engi-
12 neering and 19 percent of bachelor’s degrees award-
13 ed in computer sciences. Based on Bureau of Labor
14 Statistics data, jobs in computing occupations are
15 expected to account for nearly 60 percent of the pro-
16 jected annual growth of newly created STEM job
17 openings from 2016 to 2026.
18 (5) In 2017, underrepresented minority groups
19 comprised 39 percent of the college-age population
20 of the United States, but only 18 percent of stu-
21 dents who earned bachelor’s degrees in STEM fields.
22 The Higher Education Research Institute at the
23 University of California, Los Angeles, found that,
24 while freshmen from underrepresented minority
25 groups express an interest in pursuing a STEM un-
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1 dergraduate degree at the same rate as all other
2 freshmen, only 22.1 percent of Latino students, 18.4
3 percent of African-American students, and 18.8 per-
4 cent of Native American students studying in STEM
5 fields complete their degree within 5 years, com-
6 pared to approximately 33 percent of White students
7 and 42 percent of Asian students who complete their
8 degree within 5 years.
9 (6) In some STEM fields, including the com-
10 puter sciences, women persist at about the same rate
11 through doctorate degrees. In other STEM fields,
12 women persist through doctorate degrees at a lower
13 rate. In mathematics, women earn just 26 percent of
14 doctorate degrees compared with 42 percent of un-
15 dergraduate degrees. Overall, women earned 38 per-
16 cent of STEM doctorate degrees in 2016. The rate
17 of minority students earning STEM doctorate de-
18 grees in physics is 9 percent, compared with 15 per-
19 cent for bachelor’s degree. Students from underrep-
20 resented minority groups accounted for only 11.5
21 percent of STEM doctorate degrees awarded in
22 2016.
23 (7) The representation of women in STEM
24 drops significantly from the doctorate degree level to
25 the faculty level. Overall, women hold only 26 per-
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1 cent of all tenured and tenure-track positions and 27
2 percent of full professor positions in STEM fields in
3 our Nation’s universities and 4-year colleges. Black
4 and Hispanic faculty together hold about 6.8 percent
5 of all tenured and tenure-track positions and 7.5
6 percent of full professor positions. Many of the num-
7 bers in the American Indian or Alaskan Native and
8 Native Hawaiian or Other Pacific Islander cat-
9 egories for different faculty ranks were too small for
10 the National Science Foundation to report publicly
11 without potentially compromising confidential infor-
12 mation about the individuals being surveyed.
13 (8) The representation of women is especially
14 low at our Nation’s top research universities. Even
15 in the biological sciences, in which women now earn
16 more than 50 percent of the doctorates and passed
17 the 25 percent level 37 years ago, women make up
18 only 25 percent of the full professors at the approxi-
19 mately 100 most research-intensive universities in
20 the United States. In the physical sciences and
21 mathematics, women make up only 11 percent of full
22 professors, in computer sciences only 10 percent,
23 and across engineering fields only 7 percent. The
24 data suggest that approximately 6 percent of all ten-
25 ure-track STEM faculty members at the most re-
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1 search-intensive universities are from underrep-
2 resented minority groups, but in some fields the
3 numbers are too small to report publicly.
4 (9) By 2050, underrepresented minorities will
5 comprise 52 percent of the college-age population of
6 the United States. If the percentage of female stu-
7 dents and students from underrepresented minority
8 groups earning bachelor’s degrees in STEM fields
9 does not significantly increase, the United States
10 will face an acute shortfall in the overall number of
11 students who earn degrees in STEM fields just as
12 United States companies are increasingly seeking
13 students with those skills. With this impending
14 shortfall, the United States will almost certainly lose
15 its competitive edge in the 21st century global econ-
16 omy.
17 (10) According to a 2014 Association for
18 Women in Science survey of over 4,000 scientists
19 across the globe, 70 percent of whom were men,
20 STEM researchers face significant challenges in
21 work-life integration. Researchers in the United
22 States were among the most likely to experience a
23 conflict between work and their personal life at least
24 weekly. One-third of researchers surveyed said that
25 ensuring good work-life integration has negatively
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1 impacted their careers, and, of researchers intending
2 to leave their current job within the next year, 9
3 percent indicated it was because they were unable to
4 balance work and life demands.
5 (11) Female students and students from under-
6 represented minority groups at institutions of higher
7 education who see few others ‘‘like themselves’’
8 among faculty and student populations often do not
9 experience the social integration that is necessary for
10 success in all disciplines, including STEM.
11 (12) One in five children in the United States
12 attend school in a rural community. The data shows
13 that rural students are at a disadvantage with re-
14 spect to STEM readiness. Among STEM-interested
15 students, 17 percent of students in rural high
16 schools and 18 percent of students in town-located
17 high schools meet the ACT STEM Benchmark, com-
18 pared with 33 percent of students in suburban high
19 schools and 27 percent of students in urban high
20 schools.
21 (13) A substantial body of evidence establishes
22 that most people hold implicit biases. Decades of
23 cognitive psychology research reveal that most peo-
24 ple carry prejudices of which they are unaware but
25 that nonetheless play a large role in evaluations of
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1 people and their work. Unintentional biases and out-
2 moded institutional structures are hindering the ac-
3 cess and advancement of women, minorities, and
4 other groups historically underrepresented in STEM.
5 (14) Workshops held to educate faculty about
6 unintentional biases have demonstrated success in
7 raising awareness of such biases.
8 (15) In 2012, the Office of Diversity and Equal
9 Opportunity of the National Aeronautics and Space
10 Administration (in this subtitle referred to as
11 ‘‘NASA’’) completed a report that—
12 (A) is specifically designed to help NASA
13 grant recipients identify why the dearth of
14 women in STEM fields continues and to ensure
15 that it is not due to discrimination; and
16 (B) provides guidance that is usable by all
17 institutions of higher education receiving sig-
18 nificant Federal research funding on how to
19 conduct meaningful self-evaluations of campus
20 culture and policies.
21 (16) The Federal Government provides 55 per-
22 cent of research funding at institutions of higher
23 education and, through its grant-making policies,
24 has had significant influence on institution of higher
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1 education policies, including policies related to insti-
2 tutional culture and structure.
3 SEC. 10502. PURPOSES.
4 The purposes of this subtitle are as follows:
5 (1) To ensure that Federal science agencies and
6 institutions of higher education receiving Federal re-
7 search and development funding are fully engaging
8 the entire talent pool of the United States.
9 (2) To promote research on, and increase un-
10 derstanding of, the participation and trajectories of
11 women, minorities, and other groups historically
12 underrepresented in STEM studies and careers, in-
13 cluding persons with disabilities, older learners, vet-
14 erans, and rural, poor, and tribal populations, at in-
15 stitutions of higher education and Federal science
16 agencies, including Federal laboratories.
17 (3) To raise awareness within Federal science
18 agencies, including Federal laboratories, and institu-
19 tions of higher education about cultural and institu-
20 tional barriers limiting the recruitment, retention,
21 promotion, and other indicators of participation and
22 achievement of women, minorities, and other groups
23 historically underrepresented in academic and Gov-
24 ernment STEM research careers at all levels.
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1 (4) To identify, disseminate, and implement
2 best practices at Federal science agencies, including
3 Federal laboratories, and at institutions of higher
4 education to remove or reduce cultural and institu-
5 tional barriers limiting the recruitment, retention,
6 and success of women, minorities, and other groups
7 historically underrepresented in academic and Gov-
8 ernment STEM research careers.
9 (5) To provide grants to institutions of higher
10 education to recruit, retain, and advance STEM fac-
11 ulty members from underrepresented minority
12 groups and to implement or expand reforms in un-
13 dergraduate STEM education in order to increase
14 the number of students from underrepresented mi-
15 nority groups receiving degrees in these fields.
16 SEC. 10503. FEDERAL SCIENCE AGENCY POLICIES FOR
17 CAREGIVERS.
18 (a) OSTP GUIDANCE.—Not later than 6 months
19 after the date of enactment of this Act, the Director, in
20 consultation with relevant agencies, shall provide guidance
21 to each Federal science agency to establish policies that—
22 (1) apply to all—
23 (A) research awards granted by such agen-
24 cy; and
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1 (B) principal investigators of such research
2 and their trainees, including postdoctoral re-
3 searchers and graduate students, who have
4 caregiving responsibilities, including care for a
5 newborn or newly adopted child and care for an
6 immediate family member who is sick or dis-
7 abled; and
8 (2) provide—
9 (A) flexibility in timing for the initiation of
10 approved research awards granted by such
11 agency;
12 (B) no-cost extensions of such research
13 awards;
14 (C) grant supplements, as appropriate, to
15 research awards for research technicians or
16 equivalent positions to sustain research activi-
17 ties conducted under such awards; and
18 (D) any other appropriate accommodations
19 at the discretion of the director of each such
20 agency.
21 (b) UNIFORMITY OF GUIDANCE.—In providing guid-
22 ance under subsection (a), the Director shall encourage
23 uniformity and consistency in the policies established pur-
24 suant to such guidance across all Federal science agencies.
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1 (c) ESTABLISHMENT OF POLICIES.—Consistent with
2 the guidance under subsection (a), Federal science agen-
3 cies shall—
4 (1) maintain or develop and implement policies
5 for individuals described in paragraph (1)(B) of
6 such subsection; and
7 (2) broadly disseminate such policies to current
8 and potential grantees.
9 (d) DATA ON USAGE.—Federal science agencies
10 shall—
11 (1) collect data on the usage of the policies
12 under subsection (c), by gender, at both institutions
13 of higher education and Federal laboratories; and
14 (2) report such data on an annual basis to the
15 Director in such form as required by the Director.
16 SEC. 10504. COLLECTION AND REPORTING OF DATA ON
17 FEDERAL RESEARCH GRANTS.
18 (a) COLLECTION OF DATA.—
19 (1) IN GENERAL.—Each Federal science agency
20 shall collect, as practicable, with respect to all appli-
21 cations for merit-reviewed research and development
22 grants to institutions of higher education and Fed-
23 eral laboratories supported by that agency, the
24 standardized record-level annual information on de-
25 mographics, primary field, award type, institution
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1 type, review rating, budget request, funding out-
2 come, and awarded budget.
3 (2) UNIFORMITY AND STANDARDIZATION.—The
4 Director, in consultation with the Director of the
5 National Science Foundation, shall establish a policy
6 to ensure uniformity and standardization of the data
7 collection required under paragraph (1).
8 (3) RECORD-LEVEL DATA.—
9 (A) REQUIREMENT.—Beginning not later
10 than 2 years after the date of the enactment of
11 this Act, and on an annual basis thereafter,
12 each Federal science agency shall submit to the
13 Director of the National Science Foundation
14 record-level data collected under paragraph (1)
15 in the form required by such Director.
16 (B) PREVIOUS DATA.—As part of the first
17 submission under subparagraph (A), each Fed-
18 eral science agency, to the extent practicable,
19 shall also submit comparable record-level data
20 for the 5 years preceding the date of such sub-
21 mission.
22 (b) REPORTING OF DATA.—The Director of the Na-
23 tional Science Foundation shall publish statistical sum-
24 mary data, as practicable, collected under this section,
25 disaggregated and cross-tabulated by race, ethnicity, gen-
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1 der, and years since completion of doctoral degree, includ-
2 ing in conjunction with the National Science Foundation’s
3 report required by section 37 of the Science and Tech-
4 nology Equal Opportunities Act (42 U.S.C. 1885d; Public
5 Law 96–516).
6 SEC. 10505. POLICIES FOR REVIEW OF FEDERAL RESEARCH
7 GRANTS.
8 (a) IN GENERAL.—Each Federal science agency shall
9 implement the policy recommendations with respect to re-
10 ducing the impact of implicit bias at Federal science agen-
11 cies and grantee institutions as developed by the Office
12 of Science and Technology Policy in the 2016 report enti-
13 tled ‘‘Reducing the Impact of Bias in the STEM Work-
14 force’’ and any subsequent updates.
15 (b) PILOT ACTIVITY.—In consultation with the Na-
16 tional Science Foundation and consistent with policy rec-
17 ommendations referenced in subsection (a), each Federal
18 science agency shall implement a 2-year pilot orientation
19 activity for program officers and members of standing re-
20 view committees to educate reviewers on research related
21 to, and minimize the effects of, implicit bias in the review
22 of extramural and intramural Federal research grants.
23 (c) ESTABLISHMENT OF POLICIES.—Drawing upon
24 lessons learned from the pilot activity under subsection
25 (b), each Federal science agency shall maintain or develop
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1 and implement evidence-based policies and practices to
2 minimize the effects of implicit bias in the review of extra-
3 mural and intramural Federal research grants.
4 (d) ASSESSMENT OF POLICIES.—Federal science
5 agencies shall regularly assess, and amend as necessary,
6 the policies and practices implemented pursuant to sub-
7 section (c) to ensure effective measures are in place to
8 minimize the effects of implicit bias in the review of extra-
9 mural and intramural Federal research grants.
10 SEC. 10506. COLLECTION OF DATA ON DEMOGRAPHICS OF
11 FACULTY.
12 (a) COLLECTION OF DATA.—
13 (1) IN GENERAL.—Not later than 3 years after
14 the date of enactment of this Act, and at least every
15 5 years thereafter, the Director of the National
16 Science Foundation shall carry out a survey to col-
17 lect data from grantees on the demographics of
18 STEM faculty, by broad fields of STEM, at dif-
19 ferent types of institutions of higher education.
20 (2) CONSIDERATIONS.—To the extent prac-
21 ticable, the Director of the National Science Foun-
22 dation shall consider, by gender, race, ethnicity, citi-
23 zenship status, and years since completion of doc-
24 toral degree—
25 (A) the number and percentage of faculty;
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1 (B) the number and percentage of faculty
2 at each rank;
3 (C) the number and percentage of faculty
4 who are in nontenure-track positions, including
5 teaching and research;
6 (D) the number and percentage of faculty
7 who are reviewed for promotion, including ten-
8 ure, and the percentage of that number who are
9 promoted, including being awarded tenure;
10 (E) faculty years in rank;
11 (F) the number and percentage of faculty
12 to leave tenure-track positions;
13 (G) the number and percentage of faculty
14 hired, by rank; and
15 (H) the number and percentage of faculty
16 in leadership positions.
17 (b) EXISTING SURVEYS.—The Director of the Na-
18 tional Science Foundation, may, in modifying or expand-
19 ing existing Federal surveys of higher education (as nec-
20 essary)—
21 (1) take into account the considerations under
22 subsection (a)(2) by collaborating with statistical
23 centers at other Federal agencies; or
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1 (2) award a grant or contract to an institution
2 of higher education or other nonprofit organization
3 to take such considerations into account.
4 (c) REPORTING DATA.—The Director of the National
5 Science Foundation shall publish statistical summary data
6 collected under this section, including as part of the Na-
7 tional Science Foundation’s report required by section 37
8 of the Science and Technology Equal Opportunities Act
9 (42 U.S.C. 1885d; Public Law 96–516).
10 (d) AUTHORIZATION OF APPROPRIATIONS.—There
11 are authorized to be appropriated to the Director of the
12 National Science Foundation $3,000,000 in each of fiscal
13 years 2022 through 2024 to develop and carry out the
14 initial survey required under subsection (a).
15 SEC. 10507. CULTURAL AND INSTITUTIONAL BARRIERS TO
16 EXPANDING THE ACADEMIC AND FEDERAL
17 STEM WORKFORCE.
18 (a) BEST PRACTICES AT INSTITUTIONS OF HIGHER
19 EDUCATION AND FEDERAL LABORATORIES.—
20 (1) DEVELOPMENT OF GUIDANCE.—Not later
21 than 12 months after the date of enactment of this
22 Act, the Director, in consultation with the inter-
23 agency working group on inclusion in STEM, shall
24 develop written guidance for institutions of higher
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1 education and Federal laboratories on the best prac-
2 tices for—
3 (A) conducting periodic climate surveys of
4 STEM departments and divisions, with a par-
5 ticular focus on identifying any cultural or in-
6 stitutional barriers to the recruitment, reten-
7 tion, or advancement of women, racial and eth-
8 nic minorities, and other groups historically
9 underrepresented in STEM studies and careers;
10 and
11 (B) providing educational opportunities, in-
12 cluding workshops as described in subsection
13 (b), for STEM faculty, research personnel, and
14 administrators to learn about current research
15 on implicit bias in recruitment, evaluation, and
16 promotion of undergraduate and graduate stu-
17 dents and research personnel.
18 (2) EXISTING GUIDANCE.—In developing the
19 guidance under paragraph (1), the Director shall
20 utilize guidance already developed by Federal science
21 agencies.
22 (3) DISSEMINATION OF GUIDANCE.—Federal
23 science agencies shall broadly disseminate the guid-
24 ance developed under paragraph (1) to institutions
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1 of higher education that receive Federal research
2 funding and Federal laboratories.
3 (4) ESTABLISHMENT OF POLICIES.—Consistent
4 with the guidance developed under paragraph (1)—
5 (A) the Director of the National Science
6 Foundation shall develop a policy that—
7 (i) applies to, at a minimum, doctoral
8 degree granting institutions that receive
9 Federal research funding; and
10 (ii) requires each such institution, not
11 later than 3 years after the date of enact-
12 ment of this Act, to report to the Director
13 of the National Science Foundation on ac-
14 tivities and policies developed and imple-
15 mented based on the guidance developed
16 under paragraph (1); and
17 (B) each Federal science agency with a
18 Federal laboratory shall maintain or develop
19 and implement practices and policies for the
20 purposes described in paragraph (1) for such
21 laboratory.
22 (b) WORKSHOPS TO ADDRESS CULTURAL BARRIERS
23 TO EXPANDING THE ACADEMIC AND FEDERAL STEM
24 WORKFORCE.—
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1 (1) IN GENERAL.—Not later than 6 months
2 after the date of enactment of this Act, the Director,
3 in consultation with the interagency working group
4 on inclusion in STEM, shall recommend a uniform
5 policy for Federal science agencies to carry out a
6 program of workshops that educate STEM depart-
7 ment chairs at institutions of higher education, sen-
8 ior managers at Federal laboratories, and other fed-
9 erally funded researchers about methods that mini-
10 mize the effects of implicit bias in the career ad-
11 vancement, including hiring, tenure, promotion, and
12 selection for any honor based in part on the recipi-
13 ent’s research record, of academic and Federal
14 STEM researchers.
15 (2) INTERAGENCY COORDINATION.—The Direc-
16 tor shall, to the extent practicable, ensure that work-
17 shops supported under this subsection are coordi-
18 nated across Federal science agencies and jointly
19 supported as appropriate.
20 (3) MINIMIZING COSTS.—To the extent prac-
21 ticable, workshops shall be held in conjunction with
22 national or regional STEM disciplinary meetings to
23 minimize costs associated with participant travel.
24 (4) PRIORITY FIELDS FOR ACADEMIC PARTICI-
25 PANTS.—In considering the participation of STEM
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1 department chairs and other academic researchers,
2 the Director shall prioritize workshops for the broad
3 fields of STEM in which the national rate of rep-
4 resentation of women among tenured or tenure-track
5 faculty or nonfaculty researchers at doctorate-grant-
6 ing institutions of higher education is less than 25
7 percent, according to the most recent data available
8 from the National Center for Science and Engineer-
9 ing Statistics.
10 (5) ORGANIZATIONS ELIGIBLE TO CARRY OUT
11 WORKSHOPS.—A Federal science agency may carry
12 out the program of workshops under this subsection
13 by making grants to organizations made eligible by
14 the Federal science agency and any of the following
15 organizations:
16 (A) Nonprofit scientific and professional
17 societies and organizations that represent one
18 or more STEM disciplines.
19 (B) Nonprofit organizations that have the
20 primary mission of advancing the participation
21 of women, minorities, or other groups histori-
22 cally underrepresented in STEM.
23 (6) CHARACTERISTICS OF WORKSHOPS.—The
24 workshops shall have the following characteristics:
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1 (A) Invitees to workshops shall include at
2 least—
3 (i) the chairs of departments in the
4 relevant STEM discipline or disciplines
5 from doctoral degree granting institutions
6 that receive Federal research funding; and
7 (ii) in the case of Federal laboratories,
8 individuals with personnel management re-
9 sponsibilities comparable to those of an in-
10 stitution of higher education department
11 chair.
12 (B) Activities at the workshops shall in-
13 clude research presentations and interactive dis-
14 cussions or other activities that increase the
15 awareness of the existence of implicit bias in re-
16 cruitment, hiring, tenure review, promotion, and
17 other forms of formal recognition of individual
18 achievement for faculty and other federally
19 funded STEM researchers and shall provide
20 strategies to overcome such bias.
21 (C) Research presentations and other
22 workshop programs, as appropriate, shall in-
23 clude a discussion of the unique challenges
24 faced by different underrepresented groups, in-
25 cluding minority women, minority men, persons
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1 from rural and underserved areas, persons with
2 disabilities, gender and sexual minority individ-
3 uals, and first generation graduates in research.
4 (D) Workshop programs shall include in-
5 formation on best practices for mentoring un-
6 dergraduate, graduate, and postdoctoral
7 women, minorities, and other students from
8 groups historically underrepresented in STEM.
9 (7) DATA ON WORKSHOPS.—Any proposal for
10 funding by an organization seeking to carry out a
11 workshop under this subsection shall include a de-
12 scription of how such organization will—
13 (A) collect data on the rates of attendance
14 by invitees in workshops, including information
15 on the home institution and department of
16 attendees, and the rank of faculty attendees;
17 (B) conduct attitudinal surveys on work-
18 shop attendees before and after the workshops;
19 and
20 (C) collect follow-up data on any relevant
21 institutional policy or practice changes reported
22 by attendees not later than 1 year after attend-
23 ance in such a workshop.
24 (8) REPORT TO NSF.—Organizations receiving
25 funding to carry out workshops under this sub-
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1 section shall report the data required in paragraph
2 (7) to the Director of the National Science Founda-
3 tion in such form as required by such Director.
4 (c) REPORT TO CONGRESS.—Not later than 4 years
5 after the date of enactment of this Act, the Director of
6 the National Science Foundation shall submit a report to
7 Congress that includes—
8 (1) a summary and analysis of the types and
9 frequency of activities and policies developed and
10 carried out under subsection (a) based on the re-
11 ports submitted under paragraph (4) of such sub-
12 section; and
13 (2) a description and evaluation of the status
14 and effectiveness of the program of workshops re-
15 quired under subsection (b), including a summary of
16 any data reported under paragraph (8) of such sub-
17 section.
18 (d) AUTHORIZATION OF APPROPRIATIONS.—There
19 are authorized to be appropriated to the Director of the
20 National Science Foundation $1,000,000 in each of fiscal
21 years 2022 through 2026 to carry out this section.
22 SEC. 10508. RESEARCH AND DISSEMINATION AT THE NA-
23 TIONAL SCIENCE FOUNDATION.
24 (a) IN GENERAL.—The Director of the National
25 Science Foundation shall award research grants and carry
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1 out dissemination activities consistent with the purposes
2 of this subtitle, including—
3 (1) research grants to analyze the record-level
4 data collected under section 10504 and section
5 10506, consistent with policies to ensure the privacy
6 of individuals identifiable by such data;
7 (2) research grants to study best practices for
8 work-life accommodation;
9 (3) research grants to study the impact of poli-
10 cies and practices that are implemented under this
11 subtitle or that are otherwise consistent with the
12 purposes of this subtitle;
13 (4) collaboration with other Federal science
14 agencies and professional associations to exchange
15 best practices, harmonize work-life accommodation
16 policies and practices, and overcome common bar-
17 riers to work-life accommodation; and
18 (5) collaboration with institutions of higher
19 education in order to clarify and catalyze the adop-
20 tion of a coherent and consistent set of work-life ac-
21 commodation policies and practices.
22 (b) AUTHORIZATION OF APPROPRIATIONS.—There
23 are authorized to be appropriated to the Director of the
24 National Science Foundation $5,000,000 in each of fiscal
25 years 2022 through 2026 to carry out this section.
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1 SEC. 10509. RESEARCH AND RELATED ACTIVITIES TO EX-
2 PAND STEM OPPORTUNITIES.
3 (a) NATIONAL SCIENCE FOUNDATION SUPPORT FOR
4 INCREASING DIVERSITY AMONG STEM FACULTY AT IN-
5 STITUTIONS OF HIGHER EDUCATION.—Section 305 of the
6 American Innovation and Competitiveness Act (42 U.S.C.
7 1862s–5) is amended—
8 (1) by redesignating subsections (e) and (f) as
9 subsections (f) and (g), respectively; and
10 (2) by inserting after subsection (d) the fol-
11 lowing:
12 ‘‘(e) SUPPORT FOR INCREASING DIVERSITY AMONG
13 STEM FACULTY AT INSTITUTIONS OF HIGHER EDU-
14 CATION.—
15 ‘‘(1) IN GENERAL.—The Director of the Foun-
16 dation shall award grants to institutions of higher
17 education (or consortia thereof) for the development
18 and assessment of innovative reform efforts designed
19 to increase the recruitment, retention, and advance-
20 ment of individuals from underrepresented minority
21 groups in academic STEM careers.
22 ‘‘(2) MERIT REVIEW; COMPETITION.—Grants
23 shall be awarded under this subsection on a merit-
24 reviewed, competitive basis.
25 ‘‘(3) USE OF FUNDS.—Activities supported by
26 grants under this subsection may include—
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1 ‘‘(A) institutional assessment activities,
2 such as data analyses and policy review, in
3 order to identify and address specific issues in
4 the recruitment, retention, and advancement of
5 faculty members from underrepresented minor-
6 ity groups;
7 ‘‘(B) implementation of institution-wide
8 improvements in workload distribution, such
9 that faculty members from underrepresented
10 minority groups are not disadvantaged in the
11 amount of time available to focus on research,
12 publishing papers, and engaging in other activi-
13 ties required to achieve tenure status and run
14 a productive research program;
15 ‘‘(C) development and implementation of
16 training courses for administrators and search
17 committee members to ensure that candidates
18 from underrepresented minority groups are not
19 subject to implicit biases in the search and hir-
20 ing process;
21 ‘‘(D) development and hosting of intra- or
22 inter-institutional workshops to propagate best
23 practices in recruiting, retaining, and advancing
24 faculty members from underrepresented minor-
25 ity groups;
•HR 4521 EH
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1 ‘‘(E) professional development opportuni-
2 ties for faculty members from underrepresented
3 minority groups;
4 ‘‘(F) activities aimed at making under-
5 graduate STEM students from underrep-
6 resented minority groups aware of opportunities
7 for academic careers in STEM fields;
8 ‘‘(G) activities to identify and engage ex-
9 ceptional graduate students and postdoctoral
10 researchers from underrepresented minority
11 groups at various stages of their studies and to
12 encourage them to enter academic careers; and
13 ‘‘(H) other activities consistent with para-
14 graph (1), as determined by the Director of the
15 Foundation.
16 ‘‘(4) SELECTION PROCESS.—
17 ‘‘(A) APPLICATION.—An institution of
18 higher education (or a consortium of such insti-
19 tutions) seeking funding under this subsection
20 shall submit an application to the Director of
21 the Foundation at such time, in such manner,
22 and containing such information and assur-
23 ances as such Director may require. The appli-
24 cation shall include, at a minimum, a descrip-
25 tion of—
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1 ‘‘(i) the reform effort that is being
2 proposed for implementation by the insti-
3 tution of higher education;
4 ‘‘(ii) any available evidence of specific
5 difficulties in the recruitment, retention,
6 and advancement of faculty members from
7 underrepresented minority groups in
8 STEM academic careers within the institu-
9 tion of higher education submitting an ap-
10 plication, and how the proposed reform ef-
11 fort would address such issues;
12 ‘‘(iii) how the institution of higher
13 education submitting an application plans
14 to sustain the proposed reform effort be-
15 yond the duration of the grant; and
16 ‘‘(iv) how the success and effective-
17 ness of the proposed reform effort will be
18 evaluated and assessed in order to con-
19 tribute to the national knowledge base
20 about models for catalyzing institutional
21 change.
22 ‘‘(B) REVIEW OF APPLICATIONS.—In se-
23 lecting grant recipients under this subsection,
24 the Director of the Foundation shall consider,
25 at a minimum—
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1 ‘‘(i) the likelihood of success in under-
2 taking the proposed reform effort at the
3 institution of higher education submitting
4 the application, including the extent to
5 which the administrators of the institution
6 are committed to making the proposed re-
7 form effort a priority;
8 ‘‘(ii) the degree to which the proposed
9 reform effort will contribute to change in
10 institutional culture and policy such that
11 greater value is placed on the recruitment,
12 retention, and advancement of faculty
13 members from underrepresented minority
14 groups;
15 ‘‘(iii) the likelihood that the institu-
16 tion of higher education will sustain or ex-
17 pand the proposed reform effort beyond
18 the period of the grant; and
19 ‘‘(iv) the degree to which evaluation
20 and assessment plans are included in the
21 design of the proposed reform effort.
22 ‘‘(C) GRANT DISTRIBUTION.—The Director
23 of the Foundation shall ensure, to the extent
24 practicable, that grants awarded under this sec-
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1 tion are made to a variety of types of institu-
2 tions of higher education.
3 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
4 There are authorized to be appropriated to carry out
5 this subsection $8,000,000 for each of fiscal years
6 2022 through 2026.’’.
7 (b) NATIONAL SCIENCE FOUNDATION SUPPORT FOR
8 BROADENING PARTICIPATION IN UNDERGRADUATE
9 STEM EDUCATION.—Section 305 of the American Inno-
10 vation and Competitiveness Act (42 U.S.C. 1862s–5), as
11 amended by subsection (b), is further amended by insert-
12 ing after subsection (e) the following:
13 ‘‘(f) SUPPORT FOR BROADENING PARTICIPATION IN
14 UNDERGRADUATE STEM EDUCATION.—
15 ‘‘(1) IN GENERAL.—The Director of the Foun-
16 dation shall award grants to institutions of higher
17 education (or a consortium of such institutions) to
18 implement or expand research-based reforms in un-
19 dergraduate STEM education for the purpose of re-
20 cruiting and retaining students from minority
21 groups who are underrepresented in STEM fields.
22 ‘‘(2) MERIT REVIEW; COMPETITION.—Grants
23 shall be awarded under this subsection on a merit-
24 reviewed, competitive basis.
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1 ‘‘(3) USE OF FUNDS.—Activities supported by
2 grants under this subsection may include—
3 ‘‘(A) implementation or expansion of inno-
4 vative, research-based approaches to broaden
5 participation of underrepresented minority
6 groups in STEM fields;
7 ‘‘(B) implementation or expansion of
8 bridge, cohort, tutoring, or mentoring pro-
9 grams, including those involving community col-
10 leges and technical schools, designed to enhance
11 the recruitment and retention of students from
12 underrepresented minority groups in STEM
13 fields;
14 ‘‘(C) implementation or expansion of out-
15 reach programs linking institutions of higher
16 education and K–12 school systems in order to
17 heighten awareness among pre-college students
18 from underrepresented minority groups of op-
19 portunities in college-level STEM fields and
20 STEM careers;
21 ‘‘(D) implementation or expansion of fac-
22 ulty development programs focused on improv-
23 ing retention of undergraduate STEM students
24 from underrepresented minority groups;
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1 ‘‘(E) implementation or expansion of
2 mechanisms designed to recognize and reward
3 faculty members who demonstrate a commit-
4 ment to increasing the participation of students
5 from underrepresented minority groups in
6 STEM fields;
7 ‘‘(F) expansion of successful reforms
8 aimed at increasing the number of STEM stu-
9 dents from underrepresented minority groups
10 beyond a single course or group of courses to
11 achieve reform within an entire academic unit,
12 or expansion of successful reform efforts beyond
13 a single academic unit or field to other STEM
14 academic units or fields within an institution of
15 higher education;
16 ‘‘(G) expansion of opportunities for stu-
17 dents from underrepresented minority groups to
18 conduct STEM research in industry, at Federal
19 labs, and at international research institutions
20 or research sites;
21 ‘‘(H) provision of stipends for students
22 from underrepresented minority groups partici-
23 pating in research;
24 ‘‘(I) development of research collaborations
25 between research-intensive universities and pri-
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1 marily undergraduate minority-serving institu-
2 tions;
3 ‘‘(J) support for graduate students and
4 postdoctoral fellows from underrepresented mi-
5 nority groups to participate in instructional or
6 assessment activities at primarily under-
7 graduate institutions, including primarily un-
8 dergraduate minority-serving institutions and 2-
9 year institutions of higher education; and
10 ‘‘(K) other activities consistent with para-
11 graph (1), as determined by the Director of the
12 Foundation.
13 ‘‘(4) SELECTION PROCESS.—
14 ‘‘(A) APPLICATION.—An institution of
15 higher education (or a consortia thereof) seek-
16 ing a grant under this subsection shall submit
17 an application to the Director of the Founda-
18 tion at such time, in such manner, and con-
19 taining such information and assurances as
20 such Director may require. The application
21 shall include, at a minimum—
22 ‘‘(i) a description of the proposed re-
23 form effort;
24 ‘‘(ii) a description of the research
25 findings that will serve as the basis for the
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1 proposed reform effort or, in the case of
2 applications that propose an expansion of a
3 previously implemented reform, a descrip-
4 tion of the previously implemented reform
5 effort, including data about the recruit-
6 ment, retention, and academic achievement
7 of students from underrepresented minor-
8 ity groups;
9 ‘‘(iii) evidence of an institutional com-
10 mitment to, and support for, the proposed
11 reform effort, including a long-term com-
12 mitment to implement successful strategies
13 from the current reform beyond the aca-
14 demic unit or units included in the grant
15 proposal;
16 ‘‘(iv) a description of existing or
17 planned institutional policies and practices
18 regarding faculty hiring, promotion, ten-
19 ure, and teaching assignment that reward
20 faculty contributions to improving the edu-
21 cation of students from underrepresented
22 minority groups in STEM; and
23 ‘‘(v) how the success and effectiveness
24 of the proposed reform effort will be evalu-
25 ated and assessed in order to contribute to
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1 the national knowledge base about models
2 for catalyzing institutional change.
3 ‘‘(B) REVIEW OF APPLICATIONS.—In se-
4 lecting grant recipients under this subsection,
5 the Director of the Foundation shall consider,
6 at a minimum—
7 ‘‘(i) the likelihood of success of the
8 proposed reform effort at the institution
9 submitting the application, including the
10 extent to which the faculty, staff, and ad-
11 ministrators of the institution are com-
12 mitted to making the proposed institu-
13 tional reform a priority of the participating
14 academic unit or units;
15 ‘‘(ii) the degree to which the proposed
16 reform effort will contribute to change in
17 institutional culture and policy such that
18 greater value is placed on faculty engage-
19 ment in the retention of students from
20 underrepresented minority groups;
21 ‘‘(iii) the likelihood that the institu-
22 tion will sustain or expand the proposed
23 reform effort beyond the period of the
24 grant; and
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1 ‘‘(iv) the degree to which evaluation
2 and assessment plans are included in the
3 design of the proposed reform effort.
4 ‘‘(C) GRANT DISTRIBUTION.—The Director
5 of the Foundation shall ensure, to the extent
6 practicable, that grants awarded under this
7 subsection are made to a variety of types of in-
8 stitutions of higher education, including 2-year
9 and minority-serving institutions of higher edu-
10 cation.
11 ‘‘(5) EDUCATION RESEARCH.—
12 ‘‘(A) IN GENERAL.—All grants made under
13 this subsection shall include an education re-
14 search component that will support the design
15 and implementation of a system for data collec-
16 tion and evaluation of proposed reform efforts
17 in order to build the knowledge base on prom-
18 ising models for increasing recruitment and re-
19 tention of students from underrepresented mi-
20 nority groups in STEM education at the under-
21 graduate level across a diverse set of institu-
22 tions.
23 ‘‘(B) DISSEMINATION.—The Director of
24 the Foundation shall coordinate with relevant
25 Federal agencies in disseminating the results of
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1 the research under this paragraph to ensure
2 that best practices in broadening participation
3 in STEM education at the undergraduate level
4 are made readily available to all institutions of
5 higher education, other Federal agencies that
6 support STEM programs, non-Federal funders
7 of STEM education, and the general public.
8 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—
9 There are authorized to be appropriated to carry out
10 this subsection $15,000,000 for each of fiscal years
11 2022 through 2026.’’.
12 SEC. 10510. TRIBAL COLLEGES AND UNIVERSITIES PRO-
13 GRAM.
14 (a) GRANTS TO BROADEN TRIBAL COLLEGE AND
15 UNIVERSITY STUDENT PARTICIPATION IN COMPUTER
16 SCIENCE.—Section 525 of the America COMPETES Re-
17 authorization Act of 2010 (42 U.S.C. 1862p–13) is
18 amended by inserting after subsection (c) the following:
19 ‘‘(d) GRANTS TO BROADEN TRIBAL COLLEGE AND
20 UNIVERSITY STUDENT PARTICIPATION IN COMPUTER
21 SCIENCE.—
22 ‘‘(1) IN GENERAL.—The Director, as part of
23 the program authorized under this section, shall
24 award grants on a competitive, merit-reviewed basis
25 to eligible entities to increase the participation of
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1 tribal populations in computer science and computa-
2 tional thinking education programs to enable stu-
3 dents to develop skills and competencies in coding,
4 problem-solving, critical thinking, creativity and col-
5 laboration.
6 ‘‘(2) PURPOSE.—Grants awarded under this
7 subsection shall support—
8 ‘‘(A) research and development needed to
9 bring computer science and computational
10 thinking courses and degrees to tribal colleges
11 and universities;
12 ‘‘(B) research and development of instruc-
13 tional materials needed to integrate computer
14 science and computational thinking into pro-
15 grams that are culturally relevant to students
16 attending tribal colleges and universities;
17 ‘‘(C) research, development and evaluation
18 of distance education for computer science and
19 computational thinking courses and degree pro-
20 grams for students attending tribal colleges and
21 universities; and
22 ‘‘(D) other activities consistent with the
23 activities described in paragraphs (1) through
24 (4) of subsection (b), as determined by the Di-
25 rector.
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1 ‘‘(3) PARTNERSHIPS.—A tribal college or uni-
2 versity seeking a grant under this subsection, or a
3 consortia thereof, may partner with an institution of
4 higher education or nonprofit organization with dem-
5 onstrated expertise in academic program develop-
6 ment.
7 ‘‘(4) COORDINATION.—In carrying out this sub-
8 section, the Director shall consult and cooperate
9 with the programs and policies of other relevant
10 Federal agencies to avoid duplication with and en-
11 hance the effectiveness of the program under this
12 subsection.
13 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
14 There are authorized to be appropriated to the Di-
15 rector of the Foundation $2,000,000 in each of fis-
16 cal years 2022 through 2026 to carry out this sub-
17 section.’’.
18 (b) EVALUATION.—
19 (1) IN GENERAL.—Not later than 2 years after
20 the date of enactment of this Act, the Director of
21 the National Science Foundation shall evaluate the
22 grant program authorized under section 525 of the
23 America COMPETES Reauthorization Act of 2010
24 (42 U.S.C. 1862p–13), as amended.
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1 (2) REQUIREMENTS.—In conducting the evalua-
2 tion under paragraph (1), the Director of the Na-
3 tional Science Foundation shall, as practicable—
4 (A) use a common set of benchmarks and
5 assessment tools to identify best practices and
6 materials developed or demonstrated by the re-
7 search conducted pursuant to grants programs
8 under section 525 of the America COMPETES
9 Reauthorization Act of 2010 (42 U.S.C.
10 1862p–13);
11 (B) include an assessment of the effective-
12 ness of such grant programs in expanding ac-
13 cess to high quality STEM education, research,
14 and outreach at tribal colleges and universities,
15 as applicable;
16 (C) assess the number of students who
17 participated in such grant programs; and
18 (D) assess the percentage of students par-
19 ticipating in such grant programs who success-
20 fully complete their education programs.
21 (3) REPORT.—Not later than 180 days after
22 the date on which the evaluation under paragraph
23 (1) is completed, the Director of the National
24 Science Foundation shall submit to Congress and
25 make available to the public, a report on the results
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1 of the evaluation, including any recommendations for
2 legislative action that could optimize the effective-
3 ness of the grant program authorized under section
4 525 of the America COMPETES Reauthorization
5 Act of 2010, as amended by subsection (a).
6 SEC. 10511. REPORT TO CONGRESS.
7 Not later than 4 years after the date of enactment
8 of this Act, the Director shall submit a report to Congress
9 that includes—
10 (1) a description and evaluation of the status
11 and usage of policies implemented pursuant to sec-
12 tion 10503 at all Federal science agencies, including
13 any recommendations for revising or expanding such
14 policies;
15 (2) with respect to efforts to minimize the ef-
16 fects of implicit bias in the review of extramural and
17 intramural Federal research grants under section
18 10505—
19 (A) what steps all Federal science agencies
20 have taken to implement policies and practices
21 to minimize such effects;
22 (B) a description of any significant up-
23 dates to the policies for review of Federal re-
24 search grants required under such section; and
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1 (C) any evidence of the impact of such
2 policies on the review or awarding of Federal
3 research grants; and
4 (3) a description and evaluation of the status of
5 institution of higher education and Federal labora-
6 tory policies and practices required under section
7 10507(a), including any recommendations for revis-
8 ing or expanding such policies.
9 SEC. 10512. MERIT REVIEW.
10 Nothing in this subtitle shall be construed as altering
11 any intellectual or broader impacts criteria at Federal
12 science agencies for evaluating grant applications.
13 SEC. 10513. DETERMINATION OF BUDGETARY EFFECTS.
14 The budgetary effects of this subtitle, for the purpose
15 of complying with the Statutory Pay-As-You-Go Act of
16 2010, shall be determined by reference to the latest state-
17 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’
18 for this subtitle, submitted for printing in the Congres-
19 sional Record by the Chairman of the House Budget Com-
20 mittee, provided that such statement has been submitted
21 prior to the vote on passage.
22 SEC. 10514. DEFINITIONS.
23 In this subtitle:
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1 (1) DIRECTOR.—The term ‘‘Director’’ means
2 the Director of the Office of Science and Technology
3 Policy.
4 (2) FEDERAL LABORATORY.—The term ‘‘Fed-
5 eral laboratory’’ has the meaning given such term in
6 section 4 of the Stevenson-Wydler Technology Inno-
7 vation Act of 1980 (15 U.S.C. 3703).
8 (3) FEDERAL SCIENCE AGENCY.—The term
9 ‘‘Federal science agency’’ means any Federal agency
10 with an annual extramural research expenditure of
11 over $100,000,000.
12 (4) INSTITUTION OF HIGHER EDUCATION.—The
13 term ‘‘institution of higher education’’ has the
14 meaning given such term in section 101(a) of the
15 Higher Education Act of 1965 (20 U.S.C. 1001(a)).
16 (5) INTERAGENCY WORKING GROUP ON INCLU-
17 SION IN STEM.—The term ‘‘interagency working
18 group on inclusion in STEM’’ means the interagency
19 working group established by section 308 of the
20 American Innovation and Competitiveness Act (42
21 U.S.C. 6626).
22 (6) STEM.—The term ‘‘STEM’’ means science,
23 technology, engineering, and mathematics, including
24 computer science.
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1 Subtitle B—Rural STEM Education
2 Research
3 SEC. 10521. FINDINGS.
4 Congress finds the following:
5 (1) The supply of STEM workers is not keeping
6 pace with the rapidly evolving needs of the public
7 and private sector, resulting in a deficit often re-
8 ferred to as a STEM skills shortage.
9 (2) According to the Bureau of Labor Statis-
10 tics, the United States will need one million addi-
11 tional STEM professionals than it is on track to
12 produce in the coming decade.
13 (3) Many STEM occupations offer higher
14 wages, more opportunities for advancement, and a
15 higher degree of job security than non-STEM jobs.
16 (4) The 60,000,000 individuals in the United
17 States who live in rural settings are significantly
18 under-represented in STEM.
19 (5) According to the National Center for Edu-
20 cation Statistics, nine million students in the United
21 States—nearly 20 percent of the total K–12 popu-
22 lation—attend rural schools, and for reasons rang-
23 ing from teacher quality to shortages of resources,
24 these students often have fewer opportunities for
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1 high-quality STEM learning than their peers in the
2 Nation’s urban and suburban schools.
3 (6) Rural areas represent one of the most
4 promising, yet underutilized, opportunities for
5 STEM education to impact workforce development
6 and regional innovation, including agriculture.
7 (7) The study of agriculture, food, and natural
8 resources involves biology, engineering, physics,
9 chemistry, math, geology, computer science, and
10 other scientific fields.
11 (8) Employment in computer and information
12 technology occupations is projected to grow 11 per-
13 cent from 2019 to 2029. To help meet this demand,
14 it is important rural students have the opportunity
15 to acquire computing skills through exposure to com-
16 puter science learning in grades Pre–K through 12
17 and in informal learning settings.
18 (9) More than 293,000,000 individuals in the
19 United States use high-speed broadband to work,
20 learn, access healthcare, and operate their busi-
21 nesses, while 19,000,000 individuals in the United
22 States still lack access to high-speed broadband.
23 Rural areas are hardest hit, with over 26 percent of
24 individuals in rural areas in the United States lack-
25 ing access to high-speed broadband compared to 1.7
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1 percent of individuals in urban areas in the United
2 States.
3 SEC. 10522. NIST ENGAGEMENT WITH RURAL COMMU-
4 NITIES.
5 (a) MEP OUTREACH.—Section 25 of the National
6 Institute of Standards and Technology Act (15 U.S.C.
7 278k) is amended—
8 (1) in subsection (c)—
9 (A) in paragraph (6), by striking ‘‘commu-
10 nity colleges and area career and technical edu-
11 cation schools’’ and inserting the following:
12 ‘‘secondary schools (as defined in section 8101
13 of the Elementary and Secondary Education
14 Act of 1965 (20 U.S.C. 7801)), community col-
15 leges, and area career and technical education
16 schools, including those in underserved and
17 rural communities,’’; and
18 (B) in paragraph (7)—
19 (i) by striking ‘‘and local colleges’’
20 and inserting the following: ‘‘local high
21 schools and local colleges, including histori-
22 cally Black colleges and universities, Tribal
23 Colleges or Universities, minority serving
24 institutions, and those in underserved and
25 rural communities,’’; and
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1 (ii) by inserting ‘‘or other applied
2 learning opportunities’’ after ‘‘apprentice-
3 ships’’; and
4 (2) in subsection (d)(3) by striking ‘‘, commu-
5 nity colleges, and area career and technical edu-
6 cation schools,’’ and inserting the following: ‘‘and
7 local high schools, community colleges, and area ca-
8 reer and technical education schools, including those
9 in underserved and rural communities,’’.
10 (b) RURAL CONNECTIVITY PRIZE COMPETITION.—
11 (1) PRIZE COMPETITION.—Pursuant to section
12 24 of the Stevenson-Wydler Technology Innovation
13 Act of 1980 (15 U.S.C. 3719), the Secretary of
14 Commerce, acting through the Under Secretary of
15 Commerce for Standards and Technology (referred
16 to in this subsection as the ‘‘Secretary’’), shall, sub-
17 ject to appropriations, carry out a program to award
18 prizes competitively to stimulate research and devel-
19 opment of creative technologies in order to deploy
20 affordable and reliable broadband connectivity to un-
21 derserved rural communities.
22 (2) PLAN FOR DEPLOYMENT IN RURAL COMMU-
23 NITIES.—Each proposal submitted pursuant to para-
24 graph (1) shall include a plan for deployment of the
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1 technology that is the subject of such proposal in an
2 underserved rural community.
3 (3) PRIZE AMOUNT.—In carrying out the pro-
4 gram under paragraph (1), the Secretary may award
5 not more than a total of $5,000,000 to one or more
6 winners of the prize competition.
7 (4) REPORT.—Not later than 60 days after the
8 date on which a prize is awarded under the prize
9 competition, the Secretary shall submit to the rel-
10 evant committees of Congress a report that describes
11 the winning proposal of the prize competition.
12 (5) CONSULTATION.—In carrying out the pro-
13 gram under subsection (a), the Secretary may con-
14 sult with the heads of relevant departments and
15 agencies of the Federal Government.
16 SEC. 10523. NITR-D BROADBAND WORKING GROUP.
17 Title I of the High-Performance Computing Act of
18 1991 (15 U.S.C. 5511 et seq.) is amended by adding at
19 the end the following:
20 ‘‘SEC. 103. BROADBAND RESEARCH AND DEVELOPMENT
21 WORKING GROUP.
22 ‘‘(a) IN GENERAL.—The Director shall establish a
23 broadband research and development working group to ad-
24 dress national research challenges and opportunities for
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1 improving broadband access and adoption across the
2 United States.
3 ‘‘(b) ACTIVITIES.—The working group shall identify
4 and coordinate key research priorities for addressing
5 broadband access and adoption, including—
6 ‘‘(1) promising research areas;
7 ‘‘(2) requirements for data collection and shar-
8 ing;
9 ‘‘(3) opportunities for better alignment and co-
10 ordination across Federal agencies and external
11 stakeholders; and
12 ‘‘(4) input on the development of new Federal
13 policies and programs to enhance data collection and
14 research.
15 ‘‘(c) COORDINATION.—The working group shall co-
16 ordinate, as appropriate, with the Rural Broadband Inte-
17 gration Working Group established under section 6214 of
18 the Agriculture Improvement Act of 2018 (Public Law
19 115–334) and the National Institute of Food and Agri-
20 culture of the Department of Agriculture.
21 ‘‘(d) REPORT.—The working group shall report to
22 Congress on their activities as part of the annual report
23 submitted under section 101(a)(2)(D).
24 ‘‘(e) SUNSET.—The authority to carry out this sec-
25 tion shall terminate on the date that is 5 years after the
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1 date of enactment of the America COMPETES Act of
2 2022.’’.
3 SEC. 10524. NATIONAL ACADEMY OF SCIENCES EVALUA-
4 TION.
5 (a) STUDY.—Not later than 12 months after the date
6 of enactment of this Act, the Director shall enter into an
7 agreement with the National Academy of Sciences under
8 which the National Academy agrees to conduct an evalua-
9 tion and assessment that—
10 (1) evaluates the quality and quantity of cur-
11 rent Federal programming and research directed at
12 examining STEM education for students in grades
13 Pre–K through 12 and workforce development in
14 rural areas;
15 (2) assesses the impact of the scarcity of
16 broadband connectivity in rural communities has on
17 STEM and technical literacy for students in grades
18 Pre–K through 12 in rural areas;
19 (3) assesses the core research and data needed
20 to understand the challenges rural areas are facing
21 in providing quality STEM education and workforce
22 development; and
23 (4) makes recommendations for action at the
24 Federal, State, and local levels for improving STEM
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1 education for students in grades Pre–K through 12
2 and workforce development in rural areas.
3 (b) REPORT TO DIRECTOR.—The agreement entered
4 into under subsection (a) shall require the National Acad-
5 emy of Sciences, not later than 24 months after the date
6 of enactment of this Act, to submit to the Director a re-
7 port on the study conducted under such subsection, includ-
8 ing the National Academy’s findings and recommenda-
9 tions.
10 (c) AUTHORIZATION OF APPROPRIATIONS.—There
11 are authorized to be appropriated to the Director to carry
12 out this section $1,000,000 for fiscal year 2022.
13 SEC. 10525. GAO REVIEW.
14 Not later than 3 years after the date of enactment
15 of this Act, the Comptroller General of the United States
16 shall conduct a study on the engagement of rural popu-
17 lations in Federal STEM programs and submit to Con-
18 gress a report that includes—
19 (1) an assessment of how Federal STEM edu-
20 cation programs are serving rural populations;
21 (2) a description of initiatives carried out by
22 Federal agencies that are targeted at supporting
23 STEM education in rural areas;
24 (3) an assessment of what is known about the
25 impact and effectiveness of Federal investments in
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1 STEM education programs that are targeted to
2 rural areas; and
3 (4) an assessment of challenges that state and
4 Federal STEM education programs face in reaching
5 rural population centers.
6 SEC. 10526. CAPACITY BUILDING THROUGH EPSCOR.
7 Section 517(f)(2) of the America COMPETES Reau-
8 thorization Act of 2010 (42 U.S.C. 1862p–9(f)(2)) is
9 amended—
10 (1) in subparagraph (A), by striking ‘‘and’’ at
11 the end; and
12 (2) by adding at the end the following:
13 ‘‘(C) to increase the capacity of rural com-
14 munities to provide quality STEM education
15 and STEM workforce development program-
16 ming to students, and teachers; and’’.
17 SEC. 10527. NATIONAL SCIENCE FOUNDATION RURAL STEM
18 RESEARCH ACTIVITIES.
19 (a) PREPARING RURAL STEM EDUCATORS.—
20 (1) IN GENERAL.—The Director shall provide
21 grants on a merit-reviewed, competitive basis to in-
22 stitutions of higher education or nonprofit organiza-
23 tions (or a consortium thereof) for research and de-
24 velopment to advance innovative approaches to sup-
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1 port and sustain high-quality STEM teaching in
2 rural schools.
3 (2) USE OF FUNDS.—
4 (A) IN GENERAL.—Grants awarded under
5 this section shall be used for the research and
6 development activities referred to in paragraph
7 (1), which may include—
8 (i) engaging rural educators of stu-
9 dents in grades Pre–K through 12 in pro-
10 fessional learning opportunities to enhance
11 STEM knowledge, including computer
12 science, and develop best practices;
13 (ii) supporting research on effective
14 STEM teaching practices in rural settings,
15 including the use of rubrics and mastery-
16 based grading practices to assess student
17 performance when employing the transdis-
18 ciplinary teaching approach for STEM dis-
19 ciplines;
20 (iii) designing and developing pre-
21 service and in-service training resources to
22 assist such rural educators in adopting
23 transdisciplinary teaching practices across
24 STEM courses;
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1 (iv) coordinating with local partners
2 to adapt STEM teaching practices to lever-
3 age local natural and community assets in
4 order to support in-place learning in rural
5 areas;
6 (v) providing hands-on training and
7 research opportunities for rural educators
8 described in clause (i) at Federal Labora-
9 tories, institutions of higher education, or
10 in industry;
11 (vi) developing training and best prac-
12 tices for educators who teach multiple
13 grade levels within a STEM discipline;
14 (vii) designing and implementing pro-
15 fessional development courses and experi-
16 ences, including mentoring, for rural edu-
17 cators described in clause (i) that combine
18 face-to-face and online experiences; and
19 (viii) any other activity the Director
20 determines will accomplish the goals of this
21 subsection.
22 (B) RURAL STEM COLLABORATIVE.—The
23 Director may establish a pilot program of re-
24 gional cohorts in rural areas that will provide
25 peer support, mentoring, and hands-on research
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1 experiences for rural STEM educators of stu-
2 dents in grades Pre–K through 12, in order to
3 build an ecosystem of cooperation among edu-
4 cators, researchers, academia, and local indus-
5 try.
6 (b) BROADENING PARTICIPATION OF RURAL STU-
7 DENTS IN STEM.—
8 (1) IN GENERAL.—The Director shall provide
9 grants on a merit-reviewed, competitive basis to in-
10 stitutions of higher education or nonprofit organiza-
11 tions (or a consortium thereof) for—
12 (A) research and development of program-
13 ming to identify the barriers rural students face
14 in accessing high-quality STEM education; and
15 (B) development of innovative solutions to
16 improve the participation and advancement of
17 rural students in grades Pre–K through 12 in
18 STEM studies.
19 (2) USE OF FUNDS.—
20 (A) IN GENERAL.—Grants awarded under
21 this section shall be used for the research and
22 development activities referred to in paragraph
23 (1), which may include—
24 (i) developing partnerships with com-
25 munity colleges to offer advanced STEM
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1 course work, including computer science, to
2 rural high school students;
3 (ii) supporting research on effective
4 STEM practices in rural settings;
5 (iii) implementing a school-wide
6 STEM approach;
7 (iv) improving the National Science
8 Foundation’s Advanced Technology Edu-
9 cation program’s coordination and engage-
10 ment with rural communities;
11 (v) collaborating with existing commu-
12 nity partners and networks, such as the co-
13 operative research and extension services
14 of the Department of Agriculture and
15 youth serving organizations like 4–H, after
16 school STEM programs, and summer
17 STEM programs, to leverage community
18 resources and develop place-based pro-
19 gramming;
20 (vi) connecting rural school districts
21 and institutions of higher education, to im-
22 prove precollegiate STEM education and
23 engagement;
24 (vii) supporting partnerships that
25 offer hands-on inquiry-based science activi-
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1 ties, including coding, and access to lab re-
2 sources for students studying STEM in
3 grades Pre–K through 12 in a rural area;
4 (viii) evaluating the role of broadband
5 connectivity and its associated impact on
6 the STEM and technology literacy of rural
7 students;
8 (ix) building capacity to support ex-
9 tracurricular STEM programs in rural
10 schools, including mentor-led engagement
11 programs, STEM programs held during
12 nonschool hours, STEM networks, maker-
13 spaces, coding activities, and competitions;
14 (x) creating partnerships with local in-
15 dustries and local educational agencies to
16 tailor STEM curricula and educational ex-
17 periences to the needs of a particular local
18 or regional economy; and
19 (xi) any other activity the Director de-
20 termines will accomplish the goals of this
21 subsection.
22 (c) APPLICATION.—An applicant seeking a grant
23 under subsection (a) or (b) shall submit an application at
24 such time, in such manner, and containing such informa-
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1 tion as the Director may require. The application may in-
2 clude the following:
3 (1) A description of the target population to be
4 served by the research activity or activities for which
5 such grant is sought.
6 (2) A description of the process for recruitment
7 and selection of students, educators, or schools from
8 rural areas to participate in such activity or activi-
9 ties.
10 (3) A description of how such activity or activi-
11 ties may inform efforts to promote the engagement
12 and achievement of rural students in grades Pre–K
13 through 12 in STEM studies.
14 (4) In the case of a proposal consisting of a
15 partnership or partnerships with one or more rural
16 schools and one or more researchers, a plan for es-
17 tablishing a sustained partnership that is jointly de-
18 veloped and managed, draws from the capacities of
19 each partner, and is mutually beneficial.
20 (d) PARTNERSHIPS.—In awarding grants under sub-
21 section (a) or (b), the Director shall—
22 (1) encourage applicants which, for the purpose
23 of the activity or activities funded through the grant,
24 include or partner with a nonprofit organization or
25 an institution of higher education (or a consortium
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1 thereof) that has extensive experience and expertise
2 in increasing the participation of rural students in
3 grades Pre–K through 12 in STEM;
4 (2) encourage applicants which, for the purpose
5 of the activity or activities funded through the grant,
6 include or partner with a consortium of rural schools
7 or rural school districts; and
8 (3) encourage applications which, for the pur-
9 pose of the activity or activities funded through the
10 grant, include commitments from school principals
11 and administrators to making reforms and activities
12 proposed by the applicant a priority.
13 (e) EVALUATIONS.—All proposals for grants under
14 subsections (a) and (b) shall include an evaluation plan
15 that includes the use of outcome oriented measures to as-
16 sess the impact and efficacy of the grant. Each recipient
17 of a grant under this section shall include results from
18 these evaluative activities in annual and final projects.
19 (f) ACCOUNTABILITY AND DISSEMINATION.—
20 (1) EVALUATION REQUIRED.—The Director
21 shall evaluate the portfolio of grants awarded under
22 subsections (a) and (b). Such evaluation shall—
23 (A) use a common set of benchmarks and
24 tools to assess the results of research conducted
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1 under such grants and identify best practices;
2 and
3 (B) to the extent practicable, integrate the
4 findings of research resulting from the activity
5 or activities funded through such grants with
6 the findings of other research on rural student’s
7 pursuit of degrees or careers in STEM.
8 (2) REPORT ON EVALUATIONS.—Not later than
9 180 days after the completion of the evaluation
10 under paragraph (1), the Director shall submit to
11 Congress and make widely available to the public a
12 report that includes—
13 (A) the results of the evaluation; and
14 (B) any recommendations for administra-
15 tive and legislative action that could optimize
16 the effectiveness of the grants awarded under
17 this section.
18 (g) REPORT BY COMMITTEE ON EQUAL OPPORTUNI-
19 TIES IN SCIENCE AND ENGINEERING.—
20 (1) IN GENERAL.—As part of the first report
21 required by section 36(e) of the Science and Engi-
22 neering Equal Opportunities Act (42 U.S.C.
23 1885c(e)) transmitted to Congress after the date of
24 enactment of this Act, the Committee on Equal Op-
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1 portunities in Science and Engineering shall in-
2 clude—
3 (A) a description of past and present poli-
4 cies and activities of the Foundation to encour-
5 age full participation of students in rural com-
6 munities in science, mathematics, engineering,
7 and computer science fields; and
8 (B) an assessment of trends in participa-
9 tion of rural students in grades Pre–K through
10 12 in Foundation activities, and an assessment
11 of the policies and activities of the Foundation,
12 along with proposals for new strategies or the
13 broadening of existing successful strategies to-
14 wards facilitating the goals of this subtitle.
15 (2) TECHNICAL CORRECTION.—
16 (A) IN GENERAL.—Section 313 of the
17 American Innovation and Competitiveness Act
18 (Public Law 114–329) is amended by striking
19 ‘‘Section 204(e) of the National Science Foun-
20 dation Authorization Act of 1988’’ and insert-
21 ing ‘‘Section 36(e) of the Science and Engineer-
22 ing Equal Opportunities Act’’.
23 (B) APPLICABILITY.—The amendment
24 made by paragraph (1) shall take effect as if
25 included in the enactment of section 313 of the
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1 American Innovation and Competitiveness Act
2 (Public Law 114–329).
3 (h) COORDINATION.—In carrying out this section, the
4 Director shall, for purposes of enhancing program effec-
5 tiveness and avoiding duplication of activities, consult, co-
6 operate, and coordinate with the programs and policies of
7 other relevant Federal agencies.
8 (i) AUTHORIZATION OF APPROPRIATIONS.—There
9 are authorized to be appropriated to the Director—
10 (1) $8,000,000 to carry out the activities under
11 subsection (a) for each of fiscal years 2022 through
12 2026; and
13 (2) $12,000,000 to carry out the activities
14 under subsection (b) for each of fiscal years 2022
15 through 2026.
16 SEC. 10528. RESEARCHING OPPORTUNITIES FOR ONLINE
17 EDUCATION.
18 (a) IN GENERAL.—The Director shall, subject to ap-
19 propriations, award competitive grants to institutions of
20 higher education or nonprofit organizations (or a consor-
21 tium thereof, which may include a private sector partner)
22 to conduct research on online STEM education courses for
23 rural communities.
24 (b) RESEARCH AREAS.—The research areas eligible
25 for funding under this subsection shall include—
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1 (1) evaluating the learning and achievement of
2 rural students in grades Pre–K through 12 in
3 STEM subjects;
4 (2) understanding how computer-based and on-
5 line professional development courses and mentor ex-
6 periences can be integrated to meet the needs of
7 educators of rural students in grades Pre–K through
8 12;
9 (3) combining computer-based and online
10 STEM education and training with apprenticeships,
11 mentoring, or other applied learning arrangements;
12 (4) leveraging online programs to supplement
13 STEM studies for rural students that need physical
14 and academic accommodation; and
15 (5) any other activity the Director determines
16 will accomplish the goals of this subsection.
17 (c) EVALUATIONS.—All proposals for grants under
18 this section shall include an evaluation plan that includes
19 the use of outcome oriented measures to assess the impact
20 and efficacy of the grant. Each recipient of a grant under
21 this section shall include results from these evaluative ac-
22 tivities in annual and final projects.
23 (d) ACCOUNTABILITY AND DISSEMINATION.—
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1 (1) EVALUATION REQUIRED.—The Director
2 shall evaluate the portfolio of grants awarded under
3 this section. Such evaluation shall—
4 (A) use a common set of benchmarks and
5 tools to assess the results of research conducted
6 under such grants and identify best practices;
7 and
8 (B) to the extent practicable, integrate
9 findings from activities carried out pursuant to
10 research conducted under this section, with re-
11 spect to the pursuit of careers and degrees in
12 STEM, with those activities carried our pursu-
13 ant to other research on serving rural students
14 and communities.
15 (2) REPORT ON EVALUATIONS.—Not later than
16 180 days after the completion of the evaluation
17 under paragraph (1), the Director shall submit to
18 Congress and make widely available to the public a
19 report that includes—
20 (A) the results of the evaluation; and
21 (B) any recommendations for administra-
22 tive and legislative action that could optimize
23 the effectiveness of the grants awarded under
24 this section.
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1 (e) COORDINATION.—In carrying out this section, the
2 Director shall, for purposes of enhancing program effec-
3 tiveness and avoiding duplication of activities, consult, co-
4 operate, and coordinate with the programs and policies of
5 other relevant Federal agencies.
6 SEC. 10529. DEFINITIONS.
7 In this subtitle:
8 (1) DIRECTOR.—The term ‘‘Director’’ means
9 the Director of the National Science Foundation es-
10 tablished under section 2 of the National Science
11 Foundation Act of 1950 (42 U.S.C. 1861).
12 (2) FEDERAL LABORATORY.—The term ‘‘Fed-
13 eral laboratory’’ has the meaning given such term in
14 section 4 of the Stevenson-Wydler Technology Inno-
15 vation Act of 1980 (15 U.S.C. 3703).
16 (3) FOUNDATION.—The term ‘‘Foundation’’
17 means the National Science Foundation established
18 under section 2 of the National Science Foundation
19 Act of 1950 (42 U.S.C. 1861).
20 (4) INSTITUTION OF HIGHER EDUCATION.—The
21 term ‘‘institution of higher education’’ has the
22 meaning given such term in section 101(a) of the
23 Higher Education Act of 1965 (20 U.S.C. 1001(a)).
24 (5) STEM.—The term ‘‘STEM’’ has the mean-
25 ing given the term in section 2 of the America COM-
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1 PETES Reauthorization Act of 2010 (42 U.S.C.
2 6621 note).
3 (6) STEM EDUCATION.—The term ‘‘STEM
4 education’’ has the meaning given the term in sec-
5 tion 2 of the STEM Education Act of 2015 (42
6 U.S.C. 6621 note).
7 Subtitle C—MSI STEM
8 Achievement
9 SEC. 10531. FINDINGS.
10 Congress makes the following findings:
11 (1) Evidence suggests that the supply of STEM
12 workers is not keeping pace with the rapidly evolving
13 needs of the public and private sector, resulting in
14 a deficit often referred to as a STEM skills short-
15 age.
16 (2) According to the Bureau of Labor Statis-
17 tics, the United States will need one million addi-
18 tional STEM professionals than it is on track to
19 produce in the coming decade.
20 (3) STEM occupations offer higher wages, more
21 opportunities for advancement, and a higher degree
22 of job security than non-STEM occupations.
23 (4) The composition of the STEM workforce
24 does not reflect the current or projected diversity of
25 the Nation, with Hispanics, African Americans, and
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1 other racial and ethnic minorities, significantly
2 underrepresented in the STEM workforce compared
3 to their presence in the workforce more generally.
4 (5) A stronger national commitment to increas-
5 ing the diversity of the STEM workforce is needed
6 to help address the STEM skills shortage.
7 (6) According to a 2019 National Academies of
8 Sciences, Engineering, and Medicine report entitled
9 ‘‘Minority Serving Institutions: America’s Underuti-
10 lized Resource for Strengthening the STEM Work-
11 force’’, 2- and 4-year minority serving institutions
12 enroll nearly 30 percent of all undergraduate stu-
13 dents—a percentage that is expected to grow in the
14 coming years—in the United States higher education
15 system and play a critical role in providing impor-
16 tant pathways to STEM-related education, training,
17 and careers for students of color.
18 (7) HBCUs, TCUs, and MSIs are highly suc-
19 cessful at educating underrepresented minority stu-
20 dents in STEM fields and can serve as best practice
21 models for other colleges and universities to further
22 expand participation of underrepresented minorities
23 in the STEM workforce.
24 (8) Increased investment in STEM infrastruc-
25 ture at HBCUs, TCUs, and MSIs has the potential
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1 to increase these institutions’ ability to educate even
2 more students in the STEM disciplines.
3 (9) With the demand for STEM skills exceeding
4 the supply of STEM graduates, success of HBCUs,
5 TCUs, and MSIs in educating and training science
6 and engineering leaders is increasingly important for
7 United States economic growth and competitiveness.
8 SEC. 10532. GOVERNMENT ACCOUNTABILITY OFFICE RE-
9 VIEW.
10 Not later than 3 years after the date of enactment
11 of this Act, the Comptroller General of the United States
12 shall report to Congress—
13 (1) an inventory of competitive funding pro-
14 grams and initiatives carried out by Federal science
15 agencies that are targeted to HBCUs, TCUs, and
16 MSIs or partnerships with HBCUs, TCUs, and
17 MSIs;
18 (2) an assessment of Federal science agency
19 outreach activities to increase the participation and
20 competitiveness of HBCUs, TCUs, and MSIs in the
21 funding programs and initiatives identified in para-
22 graph (1); and
23 (3) recommendations of the Comptroller Gen-
24 eral to increase the participation of and the rate of
25 success of HBCUs, TCUs, and MSIs in competitive
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1 funding programs offered by Federal science agen-
2 cies.
3 SEC. 10533. RESEARCH AND CAPACITY BUILDING.
4 (a) IN GENERAL.—The Director of the National
5 Science Foundation shall award grants, on a competitive
6 basis, to institutions of higher education or nonprofit orga-
7 nizations (or consortia thereof) to—
8 (1) conduct research described in subsection (b)
9 with respect to HBCUs, TCUs, and MSIs;
10 (2) conduct activities described in subsection (c)
11 to build the capacity of HBCUs, TCUs, and MSIs
12 to graduate students who are competitive in attain-
13 ing and advancing in the STEM workforce;
14 (3) build the research capacity and competitive-
15 ness of HBCUs, TCUs, and MSIs in STEM dis-
16 ciplines; and
17 (4) identify and broadly disseminate effective
18 models for programs and practices at HBCUs,
19 TCUs, and MSIs that promote the education and
20 workforce preparation of minority students pursuing
21 STEM studies and careers in which such students
22 are underrepresented.
23 (b) RESEARCH.—Research described in this sub-
24 section is research on the contribution of HBCUs, TCUs,
25 and MSIs to the education and training of underrep-
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1 resented minority students in STEM fields and to the
2 meeting of national STEM workforce needs, including—
3 (1) the diversity with respect to local context,
4 cultural differences, and institutional structure
5 among HBCUs, TCUs, and MSIs and any associ-
6 ated impact on education and research endeavors;
7 (2) effective practices at HBCUs, TCUs, and
8 MSIs and associated outcomes on student recruit-
9 ment, retention, and advancement in STEM fields,
10 including the ability for students to compete for fel-
11 lowships, employment, and advancement in the
12 workforce;
13 (3) contributions made by HBCUs, TCUs, and
14 MSIs to local, regional, and national workforces;
15 (4) the unique challenges and opportunities for
16 HBCUs, TCUs, and MSIs in attaining the resources
17 needed for integrating effective practices in STEM
18 education, including providing research experiences
19 for underrepresented minority students;
20 (5) the access of students at HBCUs, TCUs,
21 and MSIs to STEM infrastructure and any associ-
22 ated outcomes for STEM competency;
23 (6) models of STEM curriculum, learning, and
24 teaching successful at HBCUs, TCUs, and MSIs for
•HR 4521 EH
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1 increasing participation, retention, and success of
2 underrepresented minority students; and
3 (7) successful or promising partnerships be-
4 tween HBCUs, TCUs, and MSIs and other institu-
5 tions of higher education, private sector and non-
6 profit organizations, Federal laboratories, and inter-
7 national research institutions.
8 (c) CAPACITY BUILDING.—Activities described in this
9 subsection include the design, development, implementa-
10 tion, expansion, and assessment of—
11 (1) metrics of success to best capture the
12 achievements of HBCUs, TCUs, and MSIs and stu-
13 dents of such institutions to account for institutional
14 context and missions, faculty investment, student
15 populations, student needs, and institutional re-
16 source constraints;
17 (2) enhancements to undergraduate STEM cur-
18 riculum at HBCUs, TCUs, and MSIs to increase the
19 participation, retention, degree completion, and suc-
20 cess of underrepresented students;
21 (3) professional development programs to in-
22 crease the numbers and the high-quality preparation
23 of STEM faculty at HBCUs, TCUs, and MSIs, in-
24 cluding programs to encourage STEM doctoral stu-
25 dents to teach at HBCUs, TCUs, and MSIs; and
•HR 4521 EH
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1 (4) mechanisms for institutions of higher edu-
2 cation that are not HBCUs, TCUs, or MSIs to part-
3 ner with HBCUs, TCUs, and MSIs on STEM edu-
4 cation, including the facilitation of student transfer,
5 mentoring programs for students and junior faculty,
6 joint research projects, and student access to grad-
7 uate education.
8 (d) RESEARCH EXPERIENCES.—Grants under this
9 section may fund the development or expansion of oppor-
10 tunities for the exchange of students and faculty to con-
11 duct research, facilitate professional development, and
12 provide mentorship including through partnerships with
13 institutions of higher education that are not HBCUs,
14 TCUs, or MSIs, private sector and non-profit organiza-
15 tions, Federal laboratories, and international research in-
16 stitutions.
17 (e) PARTNERSHIPS.—In awarding grants under this
18 section, the Director of the National Science Foundation
19 shall—
20 (1) encourage HBCUs, TCUs, and MSIs and
21 consortia thereof and partnerships with one or more
22 HBCU, TCU, or MSI, to submit proposals;
23 (2) require proposals submitted in partnership
24 with one or more HBCU, TCU, or MSI include a
25 plan for establishing a sustained partnership that is
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1 jointly developed and managed, draws from the ca-
2 pacities of each institution, and is mutually bene-
3 ficial; and
4 (3) encourage proposals submitted in partner-
5 ship with the private sector, non-profit organiza-
6 tions, Federal laboratories, and international re-
7 search institutions, as appropriate.
8 (f) MSI CENTERS OF INNOVATION.—Grants under
9 this section may fund the establishment of no more than
10 five MSI Centers of Innovation to leverage successes of
11 HBCUs, TCUs, and MSIs in STEM education and re-
12 search training of underrepresented minority students as
13 models for other institutions, including both HBCUs,
14 TCUs, and MSIs and institutions of higher education that
15 are not HBCUs, TCUs, or MSIs. Such centers will be lo-
16 cated on campuses of selected institutions of higher edu-
17 cation and serve as incubators to allow institutions of
18 higher education to experiment, pilot, evaluate, and scale
19 up promising practices.
20 (g) AUTHORIZATION OF APPROPRIATIONS.—There
21 are authorized to be appropriated to the Director of the
22 National Science Foundation $170,000,000 for fiscal year
23 2022, $175,000,000 for fiscal year 2023, $180,000,000
24 for fiscal year 2024, $185,000,000 for fiscal year 2025,
•HR 4521 EH
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1 and $190,000,000 fiscal year 2026 to carry out this sec-
2 tion.
3 SEC. 10534. AGENCY RESPONSIBILITIES.
4 (a) IN GENERAL.—In consultation with outside
5 stakeholders and the heads of the Federal science agen-
6 cies, the Director shall develop a uniform set of policy
7 guidelines for Federal science agencies to carry out a sus-
8 tained program of outreach activities to increase clarity,
9 transparency, and accountability for Federal science agen-
10 cy investments in STEM education and research activities
11 at HBCUs, TCUs, and MSIs.
12 (b) OUTREACH ACTIVITIES.—In developing policy
13 guidelines under subsection (a) the Director shall include
14 guidelines that require each Federal science agency—
15 (1) to designate a liaison for HBCUs, TCUs,
16 and MSIs responsible for—
17 (A) enhancing direct communication with
18 HBCUs, TCUs, and MSIs to increase the Fed-
19 eral science agency’s understanding of the ca-
20 pacity and needs of such institutions and to
21 raise awareness of available Federal funding op-
22 portunities at such institutions;
23 (B) coordinating programs, activities, and
24 initiatives while accounting for the capacity and
25 needs of HBCUs, TCUs, and MSIs;
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1 (C) tracking Federal science agency invest-
2 ments in and engagement with HBCUs, TCUs,
3 and MSIs; and
4 (D) reporting progress toward increasing
5 participation of HBCUs, TCUs, and MSIs in
6 grant programs;
7 (2) to publish annual forecasts of funding op-
8 portunities and proposal deadlines, including for
9 grants, contracts, subcontracts, and cooperative
10 agreements;
11 (3) to conduct on-site reviews of research facili-
12 ties at HBCUs, TCUs, and MSIs, as practicable,
13 and make recommendations regarding strategies for
14 becoming more competitive in research;
15 (4) to hold geographically accessible or virtual
16 workshops on research priorities of the Federal
17 science agency and on how to write competitive
18 grant proposals and how to bolster grant manage-
19 ment capacity for the entire grant lifecycle, from ap-
20 plication to completion;
21 (5) to ensure opportunities for HBCUs, TCUs,
22 and MSIs to directly communicate with Federal
23 science agency officials responsible for managing
24 competitive grant programs in order to receive feed-
25 back on research ideas and proposals, including
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1 guidance on the Federal science agency’s peer review
2 process;
3 (6) to foster mutually beneficial public-private
4 collaboration among Federal science agencies, indus-
5 try, Federal laboratories, academia, and nonprofit
6 organizations to—
7 (A) identify alternative sources of funding
8 for STEM education and research at HBCUs,
9 TCUs, and MSIs;
10 (B) provide access to high-quality, relevant
11 research experiences for students and faculty of
12 HBCUs, TCUs, and MSIs;
13 (C) expand the professional networks of
14 students and faculty of HBCUs, TCUs, and
15 MSIs;
16 (D) broaden STEM educational opportuni-
17 ties for students and faculty of HBCUs, TCUs,
18 and MSIs; and
19 (E) support the transition of students of
20 HBCUs, TCUs, and MSIs into the STEM
21 workforce; and
22 (7) to publish an annual report that provides an
23 account of Federal science agency investments in
24 HBCUs, TCUs, and MSIs, including data on the
25 level of participation of HBCUs, TCUs, and MSIs
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1 as prime recipients/contractors or subrecipients/sub-
2 contractors.
3 (c) STRATEGIC PLAN.—
4 (1) IN GENERAL.—Not later than 1 year after
5 the date of enactment of this Act, the Director, in
6 collaboration with the head of each Federal science
7 agency, shall submit to Congress a report containing
8 a strategic plan for each Federal science agency to
9 increase the capacity of HBCUs, TCUs, and MSIs
10 to compete effectively for grants, contracts, or coop-
11 erative agreements and to encourage HBCUs,
12 TCUs, and MSIs to participate in Federal programs.
13 (2) CONSIDERATIONS.—In developing a stra-
14 tegic plan under paragraph (1), the Director and
15 each head of each Federal science agency shall con-
16 sider—
17 (A) issuing new or expanding existing
18 funding opportunities targeted to HBCUs,
19 TCUs, and MSIs;
20 (B) modifying existing research and devel-
21 opment program solicitations to incentivize ef-
22 fective partnerships with HBCUs, TCUs, and
23 MSIs;
24 (C) offering planning grants for HBCUs,
25 TCUs, and MSIs to develop or equip grant of-
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1 fices with the requisite depth of knowledge to
2 submit competitive grant proposals and manage
3 awarded grants;
4 (D) offering additional training programs
5 and individualized and timely guidance to grant
6 officers faculty and postdoctoral researchers at
7 HBCUs, TCUs, and MSIs to ensure they un-
8 derstand the requirements for an effective grant
9 proposal; and
10 (E) other approaches for making current
11 competitive funding models more accessible for
12 under-resourced HBCUs, TCUs, and MSIs.
13 (d) REPORT TO CONGRESS.—Not later than 2 years
14 after the date of enactment of this Act, and every 5 years
15 thereafter, the Director shall report to Congress on the
16 implementation by Federal science agencies of the policy
17 guidelines developed under this section.
18 SEC. 10535. DEFINITIONS.
19 In this subtitle:
20 (1) DIRECTOR.—The term ‘‘Director’’ means
21 the Director of the Office of Science and Technology
22 Policy.
23 (2) FEDERAL LABORATORY.—The term ‘‘Fed-
24 eral laboratory’’ has the meaning given such term in
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1 section 4 of the Stevenson-Wydler Technology Inno-
2 vation Act of 1980 (15 U.S.C. 3703).
3 (3) FEDERAL SCIENCE AGENCY.—The term
4 ‘‘Federal science agency’’ means any Federal agency
5 with an annual extramural research expenditure of
6 over $100,000,000.
7 (4) HBCU.—The term ‘‘HBCU’’ has the mean-
8 ing given the term ‘‘part B institution’’ in section
9 322 of the Higher Education Act of 1965 (20
10 U.S.C. 1061).
11 (5) INSTITUTION OF HIGHER EDUCATION.—The
12 term ‘‘institution of higher education’’ has the
13 meaning given such term in section 101 of the High-
14 er Education Act of 1965 (20 U.S.C. 1001).
15 (6) MINORITY SERVING INSTITUTION.—The
16 term ‘‘minority serving institution’’ or ‘‘MSI’’ means
17 Hispanic-Serving Institutions as defined in section
18 502 of the Higher Education Act of 1965 (20
19 U.S.C. 1101a); Alaska Native Serving Institutions
20 and Native Hawaiian-Serving Institutions as defined
21 in section 317 of the Higher Education Act of 1965
22 (20 U.S.C. 1059d); and Predominantly Black Insti-
23 tutions, Asian American and Native American Pa-
24 cific Islander-Serving Institutions, and Native Amer-
25 ican-Serving Nontribal Institutions as defined in sec-
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1 tion 371 of the Higher Education Act of 1965 (20
2 U.S.C. 1067q(c)).
3 (7) STEM.—The term ‘‘STEM’’ has the mean-
4 ing given the term in the STEM Education Act of
5 2015 (42 U.S.C. 1861 et seq.).
6 (8) TCU.—The term ‘‘TCU’’ has the meaning
7 given the term ‘‘Tribal College or University’’ in sec-
8 tion 316 of the Higher Education Act of 1965 (20
9 U.S.C. 1059c).
10 Subtitle D—Combating Sexual
11 Harassment in Science
12 SEC. 10541. FINDINGS.
13 Congress makes the following findings:
14 (1) According to the report issued by the Na-
15 tional Academies of Sciences, Engineering, and Med-
16 icine in 2018 entitled ‘‘Sexual Harassment of
17 Women: Climate, Culture, and Consequences in Aca-
18 demic Sciences, Engineering, and Medicine’’—
19 (A) sexual harassment is pervasive in insti-
20 tutions of higher education;
21 (B) the most common type of sexual har-
22 assment is gender harassment, which includes
23 verbal and nonverbal behaviors that convey in-
24 sulting, hostile, and degrading attitudes about
25 members of one gender;
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1 (C) 58 percent of individuals in the aca-
2 demic workplace experience sexual harassment,
3 the second highest rate when compared to the
4 military, the private sector, and Federal, State,
5 and local government;
6 (D) women who are members of racial or
7 ethnic minority groups are more likely to expe-
8 rience sexual harassment and to feel unsafe at
9 work than White women, White men, or men
10 who are members of such groups;
11 (E) the training for each individual who
12 has a doctor of philosophy in the science, tech-
13 nology, engineering, and mathematics fields is
14 estimated to cost approximately $500,000; and
15 (F) attrition of an individual so trained re-
16 sults in a loss of talent and money.
17 (2) Sexual harassment undermines career ad-
18 vancement for women.
19 (3) According to a 2017 University of Illinois
20 study, among astronomers and planetary scientists,
21 18 percent of women who are members of racial or
22 ethnic minority groups and 12 percent of White
23 women skipped professional events because they did
24 not feel safe attending.
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1 (4) Many women report leaving employment at
2 institutions of higher education due to sexual har-
3 assment.
4 (5) Research shows the majority of individuals
5 do not formally report experiences of sexual harass-
6 ment due to a justified fear of retaliation or other
7 negative professional or personal consequences.
8 (6) Reporting procedures with respect to such
9 harassment are inconsistent among Federal science
10 agencies and have varying degrees of accessibility.
11 (7) There is not adequate communication
12 among Federal science agencies and between such
13 agencies and grantees regarding reports of sexual
14 harassment, which has resulted in harassers receiv-
15 ing Federal funding after moving to a different in-
16 stitution.
17 SEC. 10542. DEFINITIONS.
18 In this subtitle:
19 (1) ACADEMIES.—The term ‘‘Academies’’
20 means the National Academies of Sciences, Engi-
21 neering, and Medicine.
22 (2) DIRECTOR.—The term ‘‘Director’’ means
23 the Director of the National Science Foundation.
24 (3) FEDERAL SCIENCE AGENCY.—The term
25 ‘‘Federal science agency’’ means any Federal agency
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1 with an annual extramural research expenditure of
2 over $100,000,000.
3 (4) FINDING OR DETERMINATION.—The term
4 ‘‘finding or determination’’ means the final disposi-
5 tion of a matter involving a violation of organiza-
6 tional policies and processes, to include the exhaus-
7 tion of permissible appeals, or a conviction of a sex-
8 ual offense in a criminal court of law.
9 (5) GENDER HARASSMENT.—The term ‘‘gender
10 harassment’’ means verbal and nonverbal behaviors
11 that convey hostility, objectification, exclusion, or
12 second-class status about one’s gender, gender iden-
13 tity, gender presentation, sexual orientation, or preg-
14 nancy status.
15 (6) GRANTEE.—The term ‘‘grantee’’ means the
16 legal entity to which a grant is awarded and that is
17 accountable to the Federal Government for the use
18 of the funds provided.
19 (7) GRANT PERSONNEL.—The term ‘‘grant per-
20 sonnel’’ means principal investigators, co-principal
21 investigators, postdoctoral researchers and other em-
22 ployees supported by a grant award, cooperative
23 agreement, or contract under Federal law.
24 (8) INSTITUTION OF HIGHER EDUCATION.—The
25 term ‘‘institution of higher education’’ has the
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1 meaning given such term in section 101 of the High-
2 er Education Act of 1965 (20 U.S.C. 1001).
3 (9) SEXUAL HARASSMENT.—The term ‘‘sexual
4 harassment’’ means conduct that encompasses—
5 (A) unwelcome sexual advances;
6 (B) unwanted physical contact that is sex-
7 ual in nature, including assault;
8 (C) unwanted sexual attention, including
9 sexual comments and propositions for sexual ac-
10 tivity;
11 (D) conditioning professional or edu-
12 cational benefits on sexual activity; and
13 (E) retaliation for rejecting unwanted sex-
14 ual attention.
15 (10) STEM.—The term ‘‘STEM’’ means
16 science, technology, engineering, and mathematics,
17 including computer science.
18 SEC. 10543. RESEARCH GRANTS.
19 (a) IN GENERAL.—The Director shall establish a pro-
20 gram to award grants, on a competitive basis, to institu-
21 tions of higher education or nonprofit organizations (or
22 consortia of such institutions or organizations)—
23 (1) to expand research efforts to better under-
24 stand the factors contributing to, and consequences
25 of, sexual harassment and gender harassment affect-
•HR 4521 EH
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1 ing individuals in the STEM workforce, including
2 students and trainees; and
3 (2) to examine interventions to reduce the inci-
4 dence and negative consequences of such harass-
5 ment.
6 (b) USE OF FUNDS.—Activities funded by a grant
7 under this section may include—
8 (1) research on the sexual harassment and gen-
9 der harassment experiences of individuals in under-
10 represented or vulnerable groups, including racial
11 and ethnic minority groups, disabled individuals, for-
12 eign nationals, sexual- and gender-minority individ-
13 uals, and others;
14 (2) development and assessment of policies,
15 procedures, trainings, and interventions, with respect
16 to sexual harassment and gender harassment, con-
17 flict management, and ways to foster respectful and
18 inclusive climates;
19 (3) research on approaches for remediating the
20 negative impacts and outcomes of such harassment
21 on individuals experiencing such harassment;
22 (4) support for institutions of higher education
23 to develop, adapt, and assess the impact of innova-
24 tive, evidence-based strategies, policies, and ap-
•HR 4521 EH
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1 proaches to policy implementation to prevent and
2 address sexual harassment and gender harassment;
3 (5) research on alternatives to the hierarchical
4 and dependent relationships, including but not lim-
5 ited to the mentor-mentee relationship, in academia
6 that have been shown to create higher levels of risk
7 for sexual harassment and gender harassment; and
8 (6) establishing a center for the ongoing com-
9 pilation, management, and analysis of campus cli-
10 mate survey data.
11 SEC. 10544. DATA COLLECTION.
12 Not later than 180 days after the date of enactment
13 of this Act, the Director shall convene a working group
14 composed of representatives of Federal statistical agen-
15 cies—
16 (1) to develop questions on sexual harassment
17 and gender harassment in STEM departments to
18 gather national data on the prevalence, nature, and
19 implications of sexual harassment and gender har-
20 assment in institutions of higher education; and
21 (2) to include such questions as appropriate,
22 with sufficient protections of the privacy of respond-
23 ents, in relevant surveys conducted by the National
24 Center for Science and Engineering Statistics and
25 other relevant entities.
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1 SEC. 10545. RESPONSIBLE CONDUCT GUIDE.
2 (a) IN GENERAL.—Not later than 180 days after the
3 date of enactment of this Act, the Director shall enter into
4 an agreement with the Academies to update the report en-
5 titled ‘‘On Being a Scientist: A Guide to Responsible Con-
6 duct in Research’’ issued by the Academies. The report,
7 as so updated, shall include—
8 (1) updated professional standards of conduct
9 in research;
10 (2) standards of treatment individuals can ex-
11 pect to receive under such updated standards of con-
12 duct;
13 (3) evidence-based practices for fostering a cli-
14 mate intolerant of sexual harassment and gender
15 harassment;
16 (4) methods, including bystander intervention,
17 for identifying and addressing incidents of sexual
18 harassment and gender harassment; and
19 (5) professional standards for mentorship and
20 teaching with an emphasis on preventing sexual har-
21 assment and gender harassment.
22 (b) RECOMMENDATIONS.—In updating the report
23 under subsection (a), the Academies shall take into ac-
24 count recommendations made in the report issued by the
25 Academies in 2018 entitled ‘‘Sexual Harassment of
26 Women: Climate, Culture, and Consequences in Academic
•HR 4521 EH
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1 Sciences, Engineering, and Medicine’’ and other relevant
2 studies and evidence.
3 (c) REPORT.—Not later than 18 months after the ef-
4 fective date of the contract under subsection (a), the Acad-
5 emies, as part of such agreement, shall submit to the Di-
6 rector and the Committee on Science, Space, and Tech-
7 nology of the House of Representatives and the Committee
8 on Commerce, Science, and Transportation of the Senate
9 the report referred to in such subsection, as updated pur-
10 suant to such subsection.
11 SEC. 10546. INTERAGENCY WORKING GROUP.
12 (a) IN GENERAL.—The Director of the Office of
13 Science and Technology Policy, acting through the Na-
14 tional Science and Technology Council, shall establish an
15 interagency working group for the purpose of coordinating
16 Federal science agency efforts to reduce the prevalence of
17 sexual harassment and gender harassment involving grant
18 personnel. The working group shall be chaired by the Di-
19 rector of the Office of Science and Technology Policy (or
20 the Director’s designee) and shall include a representative
21 from each Federal science agency with annual extramural
22 research expenditures totaling over $1,000,000,000, a rep-
23 resentative from the Department of Education, and a rep-
24 resentative from the U.S. Equal Employment Opportunity
25 Commission.
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1 (b) RESPONSIBILITIES OF WORKING GROUP.—The
2 interagency working group established under subsection
3 (a) shall coordinate Federal science agency efforts to im-
4 plement the policy guidelines developed under subsection
5 (c)(2).
6 (c) RESPONSIBILITIES OF OSTP.—The Director of
7 the Office of Science and Technology Policy shall—
8 (1) not later than 90 days after the date of the
9 enactment of this Act, submit to the Committee on
10 Science, Space, and Technology of the House of
11 Representatives and the Committee on Commerce,
12 Science, and Transportation of the Senate an inven-
13 tory of policies, procedures, and resources dedicated
14 to preventing and responding to reports of sexual
15 harassment and gender harassment at Federal agen-
16 cies that provide legal definitions to which institu-
17 tions of higher education must comply;
18 (2) not later than 6 months after the date on
19 which the inventory is submitted under paragraph
20 (1)—
21 (A) in consultation with outside stake-
22 holders and Federal science agencies, develop a
23 uniform set of policy guidelines for Federal
24 science agencies; and
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1 (B) submit a report to the committees re-
2 ferred to in paragraph (1) containing such
3 guidelines;
4 (3) encourage and monitor efforts of Federal
5 science agencies to develop or maintain and imple-
6 ment policies based on the guidelines developed
7 under paragraph (2), including the extent to which
8 Federal science agency policies depart from the uni-
9 form policy guidelines;
10 (4) not later than 1 year after the date on
11 which the inventory under paragraph (1) is sub-
12 mitted, and every 5 years thereafter, the Director of
13 the Office of Science and Technology Policy shall re-
14 port to Congress on the implementation by Federal
15 science agencies of the policy guidelines developed
16 under paragraph (2); and
17 (5) update such policy guidelines as needed.
18 (d) REQUIREMENTS.—In developing policy guidelines
19 under subsection (c)(2), the Director of the Office of
20 Science and Technology Policy shall include guidelines
21 that require—
22 (1) grantees to submit to the Federal science
23 agency or agencies from which the grantees receive
24 funding reports relating to—
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1 (A) administrative action, related to an al-
2 legation against grant personnel of any sexual
3 harassment or gender harassment, as set forth
4 in organizational policies or codes of conduct,
5 statutes, regulations, or executive orders, that
6 affects the ability of grant personnel or their
7 trainees to carry out the activities of the grant;
8 and
9 (B) findings or determinations against
10 grant personnel of sexual harassment or gender
11 harassment, as set forth in organizational poli-
12 cies or codes of conduct, statutes, regulations,
13 or Executive orders, including any findings or
14 determinations related to reports submitted
15 under subparagraph (A) and any disciplinary
16 action that was taken;
17 (2) the sharing, updating, and archiving of re-
18 ports of sexual harassment and gender harassment
19 from grantees submitted under paragraph (1)(B)
20 with relevant Federal science agencies on a quarterly
21 basis; and
22 (3) to the extent practicable, ensure consistency
23 among Federal agencies with regards to the policies
24 and procedures for receiving reports submitted pur-
25 suant to paragraph (1), which may include the des-
•HR 4521 EH
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1 ignation of a single agency to field reports so sub-
2 mitted.
3 (e) CONSIDERATIONS.—In developing policy guide-
4 lines under subsection (c)(2), the Director of the Office
5 of Science and Technology Policy shall consider guidelines
6 that require or incentivize—
7 (1) grantees to periodically assess their organi-
8 zational climate, which may include the use of cli-
9 mate surveys, focus groups, or exit interviews;
10 (2) grantees to publish on a publicly available
11 internet website the results of assessments con-
12 ducted pursuant to paragraph (1), disaggregated by
13 gender and, if possible, race, ethnicity, disability sta-
14 tus, and sexual orientation;
15 (3) grantees to make public on an annual basis
16 the number of reports of sexual harassment and
17 gender harassment at each such institution;
18 (4) grantees to regularly assess and improve
19 policies, procedures, and interventions to reduce the
20 prevalence of sexual harassment and gender harass-
21 ment;
22 (5) each grantee to demonstrate in its proposal
23 for a grant award, cooperative agreement, or con-
24 tract that a code of conduct is in place for maintain-
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1 ing a healthy and welcoming workplace for grant
2 personnel and their trainees;
3 (6) the diffusion of the hierarchical and depend-
4 ent relationships between grant personnel and their
5 trainees;
6 (7) each grantee and Federal science agency to
7 have in place mechanisms for the re-integration of
8 individuals who have experienced sexual harassment
9 and gender harassment; and
10 (8) grantees to work to create a climate intoler-
11 ant of sexual harassment and gender harassment.
12 (f) FEDERAL SCIENCE AGENCY IMPLEMENTATION.—
13 Each Federal science agency shall—
14 (1) develop or maintain and implement policies
15 with respect to sexual harassment and gender har-
16 assment that are consistent with policy guidelines
17 under subsection (c)(2) and that protect the privacy
18 of all parties involved in any report and investigation
19 of sexual harassment and gender harassment, except
20 to the extent necessary to carry out an investigation;
21 (2) broadly disseminate such policies to current
22 and potential recipients of research grants, coopera-
23 tive agreements, or contracts awarded by such agen-
24 cy; and
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1 (3) take into consideration any reports filed
2 under subsection (d)(1) when issuing grant awards,
3 cooperative agreements, or contracts.
4 (g) FERPA.—The Director of the Office of Science
5 and Technology Policy shall ensure that such guidelines
6 and requirements are consistent with the requirements of
7 section 444 of the General Education Provisions Act (20
8 U.S.C. 1232g) (commonly referred to as the ‘‘Family Edu-
9 cational Rights and Privacy Act of 1974’’).
10 (h) SUNSET.—The interagency working group estab-
11 lished under subsection (a) shall terminate on the date
12 that is 7 years after the date of the enactment of this
13 Act.
14 SEC. 10547. NATIONAL ACADEMIES ASSESSMENT.
15 (a) IN GENERAL.—Not later than 3 years after the
16 date of enactment of this Act, the Director shall enter into
17 an agreement with the Academies to undertake a study
18 of the influence of sexual harassment and gender harass-
19 ment in institutions of higher education on the career ad-
20 vancement of individuals in the STEM workforce. The
21 study shall assess—
22 (1) the state of research on sexual harassment
23 and gender harassment in such workforce;
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1 (2) whether research demonstrates a change in
2 the prevalence of sexual harassment and gender har-
3 assment in such workforce;
4 (3) the progress made with respect to imple-
5 menting recommendations promulgated in the Acad-
6 emies consensus study report entitled ‘‘Sexual Har-
7 assment of Women: Climate, Culture, and Con-
8 sequences in Academic Sciences, Engineering, and
9 Medicine’’; and
10 (4) where to focus future efforts with respect to
11 decreasing sexual harassment and gender harass-
12 ment in such institutions.
13 SEC. 10548. AUTHORIZATION OF APPROPRIATIONS.
14 There is authorized to be appropriated to the Direc-
15 tor to carry out this subtitle, $17,500,000.
16 TITLE VI—MISCELLANEOUS
17 SCIENCE AND TECHNOLOGY
18 PROVISIONS
19 Subtitle A—Supporting Early-
20 Career Researchers
21 SEC. 10601. FINDINGS.
22 Congress finds the following:
23 (1) The Nation’s universities and industrial re-
24 search labs are facing unprecedented budget pres-
25 sure as part of the COVID–19 health crisis, result-
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1 ing in considerably fewer openings for research and
2 teaching positions.
3 (2) Emergency funding is needed to forestall
4 the loss of research talent likely to occur if early-ca-
5 reer researchers are forced to seek employment out-
6 side of research due to the sharp economic decline
7 caused by the COVID–19 health crisis.
8 (3) The future of America’s defense will rely on
9 advanced technologies to maintain its military supe-
10 riority over its rivals, including China. These tech-
11 nologies will require new levels of scientific and engi-
12 neering aptitude and understanding. Early career re-
13 searchers will play a critical role in the development
14 of these technologies, and the loss of an entire gen-
15 eration of researchers due to the COVID–19 pan-
16 demic will be detrimental to the United States na-
17 tional security.
18 SEC. 10602. EARLY-CAREER RESEARCH FELLOWSHIP PRO-
19 GRAM.
20 (a) IN GENERAL.—The Director of the National
21 Science Foundation may establish a 2-year pilot program
22 to award grants to highly qualified early-career investiga-
23 tors to carry out an independent research program at the
24 qualified institution of higher education chosen by such
25 investigator, to last for a period not greater than 2 years.
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1 (b) SELECTION PROCESS.—The Director of the Na-
2 tional Science Foundation shall select grantees under sub-
3 section (a) from among citizens, nationals, and lawfully
4 admitted permanent resident aliens of the United States.
5 (c) OUTREACH.—The Director shall conduct program
6 outreach to recruit fellowship applicants—
7 (1) from all regions of the country;
8 (2) from historically underrepresented popu-
9 lations in the fields of science, technology, engineer-
10 ing, and mathematics; and
11 (3) who graduate from or intend to carry out
12 research at a variety of types of institutions of high-
13 er education, including—
14 (A) Historically Black Colleges and Uni-
15 versities;
16 (B) Hispanic-Serving Institutions;
17 (C) Tribal Colleges and Universities; and
18 (D) institutions of higher education that
19 are not among the top 50 institutions in annual
20 Federal funding for research.
21 (d) SPECIAL CONSIDERATION.—The Director shall
22 give special consideration to an application from an indi-
23 vidual who graduated from or is intending to carry out
24 research at an institution of the type listed in subsection
25 (c)(3).
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1 (e) REPORT.—Not later than 90 days after the con-
2 clusion of the second year of the pilot program, the Direc-
3 tor shall submit a report to Congress that includes—
4 (1) statistical summary data on fellowship
5 awardees disaggregated by race, ethnicity, gender,
6 age, years since completion of doctoral degree, and
7 institution type;
8 (2) an assessment, drawing on feedback from
9 the research community and other sources of infor-
10 mation, of the effectiveness of the pilot program for
11 mitigating the loss of research talent due to the pan-
12 demic; and
13 (3) if determined effective, a plan for perma-
14 nent implementation of the pilot program.
15 (f) QUALIFIED INSTITUTION OF HIGHER EDUCATION
16 DEFINED.—The term ‘‘qualified institution of higher edu-
17 cation’’ has the meaning given the term in section 102
18 of the Higher Education of Act of 1965, except that such
19 term does not include an institution described in sub-
20 section (a)(1)(C) of such section.
21 SEC. 10603. AUTHORIZATION OF APPROPRIATIONS.
22 There is authorized to be appropriated to the Direc-
23 tor of the National Science Foundation $250,000,000 for
24 each of fiscal years 2021 through 2022 to carry out the
25 activities in this subtitle.
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1 Subtitle B—National Science and
2 Technology Strategy
3 SEC. 10611. NATIONAL SCIENCE AND TECHNOLOGY STRAT-
4 EGY.
5 Section 206 of the National Science and Technology
6 Policy, Organization, and Priorities Act of 1976 (42
7 U.S.C. 6615) is amended to read as follows:
8 ‘‘SEC. 206. NATIONAL SCIENCE AND TECHNOLOGY STRAT-
9 EGY.
10 ‘‘(a) IN GENERAL.—Not later than the end of each
11 calendar year immediately after the calendar year in which
12 a review under section 206b is completed, the Director of
13 the Office of Science and Technology Policy, in consulta-
14 tion with the National Science and Technology Council,
15 shall develop and submit to Congress a comprehensive na-
16 tional science and technology strategy of the United States
17 to meet national research and development objectives for
18 the following 4-year period (in this Act referred to as ‘the
19 national science and technology strategy’).
20 ‘‘(b) REQUIREMENTS.—Each national science and
21 technology strategy required by subsection (a) shall delin-
22 eate a national science and technology strategy consistent
23 with—
24 ‘‘(1) the recommendations and priorities devel-
25 oped by the review established in section 206b;
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1 ‘‘(2) the most recent national security strategy
2 report submitted pursuant to section 1032 of the
3 National Defense Authorization Act for Fiscal Year
4 2012 (50 U.S.C. 3043);
5 ‘‘(3) other relevant national plans; and
6 ‘‘(4) the strategic plans of relevant Federal de-
7 partments and agencies.
8 ‘‘(c) CONSULTATION.—The Director shall consult as
9 necessary with the Office of Management and Budget and
10 other appropriate elements of the Executive Office of the
11 President to ensure that the recommendations and prior-
12 ities delineated in the science and technology strategy are
13 incorporated in the development of annual budget re-
14 quests.
15 ‘‘(d) REPORT.—The President shall submit to Con-
16 gress each year a comprehensive report on the national
17 science and technology strategy of the United States. Each
18 report on the national science and technology strategy of
19 the United States shall include a description of—
20 ‘‘(1) strategic objectives and priorities necessary
21 to maintain the leadership of the United States in
22 science and technology and to advance science and
23 technology to address societal and national chal-
24 lenges, including near-term, medium-term, and long-
25 term research priorities;
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1 ‘‘(2) programs, policies, and activities that the
2 President recommends across all Federal agencies to
3 achieve the strategic objectives in paragraph (1);
4 and
5 ‘‘(3) global trends in science and technology, in-
6 cluding potential threats to the leadership of the
7 United States in science and technology and oppor-
8 tunities for international collaboration in science and
9 technology.
10 ‘‘(e) PUBLICATION.—The Director shall, consistent
11 with the protection of national security and other sensitive
12 matters to the maximum extent practicable, make each re-
13 port submitted under subsection (d) publicly available on
14 an internet website of the Office.’’.
15 SEC. 10612. QUADRENNIAL SCIENCE AND TECHNOLOGY RE-
16 VIEW.
17 The National Science and Technology Policy, Organi-
18 zation, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.)
19 is amended by inserting after section 206 the following:
20 ‘‘SEC. 206b. QUADRENNIAL SCIENCE AND TECHNOLOGY RE-
21 VIEW.
22 ‘‘(a) REQUIREMENTS.—
23 ‘‘(1) QUADRENNIAL REVIEWS REQUIRED.—Not
24 later than December 31, 2022, and every 4 years
25 thereafter, the Director of the Office of Science and
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1 Technology Policy shall complete a review of the
2 science and technology enterprise of the United
3 States (in this section referred to as the ‘quadren-
4 nial science and technology review’).
5 ‘‘(2) SCOPE.—The quadrennial science and
6 technology review shall be a comprehensive examina-
7 tion of the science and technology strategy of the
8 United States, including recommendations for main-
9 taining global leadership in science and technology
10 and advancing science and technology to address the
11 societal and national challenges and guidance on the
12 coordination of programs, assets, capabilities, budg-
13 et, policies, and authorities across all Federal re-
14 search and development programs.
15 ‘‘(3) CONSULTATION.—The Director of the Of-
16 fice of Science and Technology Policy shall conduct
17 each quadrennial science and technology review
18 under this subsection in consultation with—
19 ‘‘(A) the National Science and Technology
20 Council;
21 ‘‘(B) the heads of other relevant Federal
22 agencies;
23 ‘‘(C) the President’s Council of Advisors
24 on Science and Technology;
25 ‘‘(D) the National Science Board;
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1 ‘‘(E) the National Security Council; and
2 ‘‘(F) other relevant governmental and non-
3 governmental entities, including representatives
4 from industry, institutions of higher education,
5 nonprofit organizations, Members of Congress,
6 and other policy experts.
7 ‘‘(4) COORDINATION.—The Director shall en-
8 sure that each quadrennial science and technology
9 review conducted under this section is coordinated
10 with other relevant statutorily required reviews, and
11 to the maximum extent practicable incorporates in-
12 formation and recommendations from existing re-
13 views to avoid duplication.
14 ‘‘(b) CONTENTS.—In each quadrennial science and
15 technology review, the Director shall—
16 ‘‘(1) provide an integrated view of, and rec-
17 ommendations for, science and technology policy
18 across the Federal Government, while considering
19 economic and national security and other societal
20 and national challenges;
21 ‘‘(2) assess and recommend priorities for re-
22 search, development and demonstration programs to
23 maintain American leadership in science and tech-
24 nology;
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1 ‘‘(3) assess and recommend priorities for re-
2 search, development, and demonstration programs to
3 address societal and national challenges;
4 ‘‘(4) assess the global competition in science
5 and technology and identify potential threats to the
6 leadership of the United States in science and tech-
7 nology and opportunities for international collabora-
8 tion;
9 ‘‘(5) assess and make recommendations on the
10 science, technology, engineering, mathematics and
11 computer science workforce in the United States;
12 ‘‘(6) assess and make recommendations to im-
13 prove regional innovation across the United States;
14 ‘‘(7) assess and make recommendations to im-
15 prove translation of basic research and the enhance-
16 ment of technology transfer of federally funded re-
17 search;
18 ‘‘(8) identify, assess, and make recommenda-
19 tions to address science and technology gaps that
20 would not be met without federal investment;
21 ‘‘(9) review administrative and legislative poli-
22 cies and funding opportunities that affect private
23 sector science and technology activities, and identify
24 and make recommendations on policies that ensure
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1 a level playing field for the participation and com-
2 petitiveness of small- and medium-sized businesses;
3 ‘‘(10) assess and identify the infrastructure and
4 tools needed to maintain the leadership of the
5 United States in science and technology and address
6 other societal and national challenges; and
7 ‘‘(11) review administrative or legislative poli-
8 cies that affect the science and technology enterprise
9 and identify and make recommendations on policies
10 that hinder research and development in the United
11 States.
12 ‘‘(c) REPORTING.—
13 ‘‘(1) IN GENERAL.—Not later than December
14 31 of the year in which a quadrennial science and
15 technology review is conducted, the Director shall
16 submit a report of the review to Congress.
17 ‘‘(2) PUBLICATION.—The Director shall, con-
18 sistent with the protection of national security and
19 other sensitive matters to the maximum extent pos-
20 sible, make each report submitted under paragraph
21 (1) publicly available on an internet website of the
22 Office of Science and Technology Policy.’’.
23 SEC. 10613. NATIONAL CIRCULAR ECONOMY ROADMAP.
24 (a) DEFINITIONS.—In this section:
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1 (1) CIRCULAR ECONOMY.—The term ‘‘circular
2 economy’’ means an economy that uses a systems-fo-
3 cused approach and involves industrial processes and
4 economic activities that—
5 (A) are restorative or regenerative by de-
6 sign;
7 (B) enable resources used in such proc-
8 esses and activities to maintain their highest
9 values for as long as possible; and
10 (C) aim for the elimination of waste
11 through the superior design of materials, prod-
12 ucts, and systems (including business models).
13 (2) DIRECTOR.—The term ‘‘Director’’ means
14 the Director of the Office of Science and Technology
15 Policy.
16 (b) NATIONAL CIRCULAR ECONOMY ROADMAP.—
17 (1) IN GENERAL.—Not later than 2 years after
18 the date of the enactment of this section, the Direc-
19 tor shall develop a national circular economy road-
20 map that includes—
21 (A) a vision for how the science and tech-
22 nology enterprise should support the develop-
23 ment of a circular economy in the United
24 States;
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1 (B) identification of key public and private
2 stakeholders that may contribute to or benefit
3 from a transition to a circular economy; and
4 (C) recommendations on specific Federal
5 policies needed to drive this transition.
6 (2) COORDINATION.—In developing the road-
7 map under paragraph (1), the Director shall, as ap-
8 propriate, coordinate with—
9 (A) the Secretary of Energy;
10 (B) the Administrator of the Environ-
11 mental Protection Agency;
12 (C) the Secretary of Commerce;
13 (D) the Director of the National Institutes
14 of Standards and Technology; and
15 (E) the head of any other relevant Federal
16 agency.
17 (3) LEVERAGING EXISTING AGENCY PRO-
18 GRAMS.—In developing the roadmap under para-
19 graph (1), the Director shall, as appropriate, lever-
20 age efforts from existing Federal agency programs
21 relevant to a circular economy.
22 (4) CONSULTATION.—In developing the road-
23 map under paragraph (1), the Director may consult
24 academic, nonprofit, and industry stakeholders.
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1 Subtitle C—Energizing Technology
2 Transfer
3 SEC. 10621. DEFINITIONS.
4 In this subtitle:
5 (1) CLEAN ENERGY TECHNOLOGY.—The term
6 ‘‘clean energy technology’’ means a technology that
7 significantly reduces energy use, increases energy ef-
8 ficiency, reduces greenhouse gas emissions, reduces
9 emissions of other pollutants, or mitigates other neg-
10 ative environmental consequences of energy produc-
11 tion, transmission or use.
12 (2) DEPARTMENT.—The term ‘‘Department’’
13 means the Department of Energy.
14 (3) DIRECTOR.—The term ‘‘Director’’ means
15 the Director of each National Laboratory and the
16 Director of each Department of Energy single-pur-
17 pose research facility.
18 (4) ECONOMICALLY DISTRESSED AREA.—The
19 term ‘‘economically distressed area’’ has the mean-
20 ing described in section 301(a) of the Public Works
21 and Economic Development Act of 1965 (42 U.S.C.
22 3161(a)).
23 (5) GRANT.—The term ‘‘grant’’ means a grant
24 award, cooperative agreement award, or any other fi-
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1 nancial assistance arrangement that the Secretary of
2 Energy determines to be appropriate.
3 (6) INSTITUTION OF HIGHER EDUCATION.—The
4 term ‘‘institution of higher education’’ has the
5 meaning given such term in the Higher Education
6 Act of 1965, as amended (20 U.S.C. 1001).
7 (7) NATIONAL LABORATORY.—The term ‘‘Na-
8 tional Laboratory’’ has the meaning given that term
9 in section 2 of the Energy Policy Act of 2005 (42
10 U.S.C. 15801).
11 (8) SECRETARY.—The term ‘‘Secretary’’ means
12 the Secretary of Energy.
13 PART 1—NATIONAL CLEAN ENERGY
14 TECHNOLOGY TRANSFER PROGRAMS
15 SEC. 10623. NATIONAL CLEAN ENERGY INCUBATOR PRO-
16 GRAM.
17 (a) CLEAN ENERGY INCUBATOR DEFINED.—In this
18 section, the term ‘‘clean energy incubator’’—
19 (1) means any entity that is designed to accel-
20 erate the commercial application of clean energy
21 technologies by providing—
22 (A) physical workspace, labs, and proto-
23 typing facilities to support clean energy
24 startups or established clean energy companies;
25 or
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1 (B) companies developing such tech-
2 nologies with support, resources, and services,
3 including—
4 (i) access to business education and
5 counseling;
6 (ii) mentorship opportunities; and
7 (iii) other services rendered for the
8 purpose of aiding the development and
9 commercial application of a clean energy
10 technology; and
11 (2) may include a program within or established
12 by a National Laboratory, an institution of higher
13 education or a State, territorial, local, or tribal gov-
14 ernment.
15 (b) PROGRAM ESTABLISHMENT.—Not later than 180
16 days after the enactment of this Act, the Secretary, acting
17 through the Chief Commercialization Officer established
18 in section 1001(a) of the Energy Policy Act of 2005 (42
19 U.S.C. 16391(a)), shall establish a Clean Energy Incu-
20 bator Program (herein referred to as the ‘‘program’’) to
21 competitively award grants to clean energy incubators.
22 (c) CLEAN ENERGY INCUBATOR SELECTION.—In
23 awarding grants to clean energy incubators under sub-
24 section (b), the Secretary shall, to the maximum extent
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1 practicable, prioritize funding clean energy incubators
2 that—
3 (1) partner with entities that carry out activi-
4 ties relevant to the activities of such incubator and
5 that operate at the local, State, and regional levels;
6 (2) support the commercial application activi-
7 ties of startup companies focused on physical hard-
8 ware, computational, or integrated hardware and
9 software technologies;
10 (3) are located in geographically diverse regions
11 of the United States, such as the Great Lakes re-
12 gion;
13 (4) are located in, or partner with entities lo-
14 cated in, economically-distressed areas;
15 (5) support the development of entities focused
16 on expanding clean energy tools and technologies to
17 rural, Tribal, and low-income communities;
18 (6) support the commercial application of tech-
19 nologies being developed by clean energy entre-
20 preneurs from underrepresented backgrounds; and
21 (7) have a plan for sustaining activities of the
22 incubator after grant funds received under this pro-
23 gram have been expended.
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1 (d) AWARD LIMITS.—The Secretary shall not award
2 more than $4,000,000 to one or more incubators in one
3 given State, per fiscal year.
4 (e) DURATION.—Each grant under subsection (b)
5 shall be for a period of no longer than 5 years, subject
6 to the availability of appropriations.
7 (f) USE OF FUNDS.—An entity receiving a grant
8 under this section may use grant amounts for operating
9 expenses.
10 (g) RENEWAL.—An award made to a clean energy
11 incubator under this section may be renewed for a period
12 of not more than 3 years, subject to merit review.
13 (h) EVALUATION.—In accordance with section 9007
14 of division Z of the Consolidated Appropriations Act, 2021
15 (Public Law 116–260), the Secretary shall submit to the
16 Committee on Science, Space, and Technology of the
17 House of Representatives and the Committee on Energy
18 and Natural Resources of the Senate an evaluation of the
19 program established under this section that includes anal-
20 yses of the performance of the clean energy incubators.
21 (i) AUTHORIZATION OF APPROPRIATIONS.—There
22 are authorized to be appropriated to the Secretary to carry
23 out this section $15,000,000 for each of fiscal years 2022
24 through 2026.
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1 SEC. 10624. CLEAN ENERGY TECHNOLOGY UNIVERSITY
2 PRIZE COMPETITION.
3 (a) DEFINITIONS.—In this section:
4 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
5 ty’’ means a nonprofit entity, an institution of high-
6 er education, or an entity working with one or more
7 institutes of higher education.
8 (2) MINORITY-SERVING INSTITUTION.—The
9 term ‘‘minority-serving institution’’ means an insti-
10 tution described in section 371(a) of the Higher
11 Education Act of 1965 (20 U.S.C. 1067q(a)).
12 (b) IN GENERAL.—The Secretary shall establish a
13 program, known as the ‘‘Clean Energy Technology Uni-
14 versity Prize’’, to award funding for eligible entities to
15 carry out regional and one national clean energy tech-
16 nology prize competitions, under section 24 of the Steven-
17 son-Wydler Technology Innovation Act of 1980 (15 U.S.C.
18 3719). In carrying out such prize competitions, students
19 shall compete to develop a business model for furthering
20 the commercial application of an innovative clean energy
21 technology.
22 (c) TRAINING FUNDING.—In carrying out this pro-
23 gram, the Secretary may provide funding to train partici-
24 pating students in skills needed for the successful commer-
25 cial application of clean energy technologies, including
26 through virtual training sessions.
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1 (d) PRIORITIZATION.—In awarding grants under this
2 section, the Secretary shall prioritize awarding grants to
3 eligible entities that work with students at minority-serv-
4 ing institutions.
5 (e) COORDINATION.—In carrying out this program,
6 the Secretary shall coordinate and partner with other
7 clean energy technology prize competitions. In doing so,
8 the Secretary may develop and disseminate best practices
9 for administering prize competitions under this section.
10 (f) REPORT.—In accordance with section 9007 of di-
11 vision Z of the Consolidated Appropriations Act, 2021
12 (Public Law 116–260), the Secretary shall report annually
13 on the progress and implementation of the program estab-
14 lished under section (b).
15 (g) EVALUATION.—In accordance with section 9007
16 of division Z of the Consolidated Appropriations Act, 2021
17 (Public Law 116–260), the Secretary shall submit to the
18 Committee on Science, Space, and Technology of the
19 House of Representatives and the Committee on Energy
20 and Natural Resources of the Senate an evaluation on the
21 long-term outcomes of the program established under this
22 section and the progress towards achieving the purposes
23 of the program in subsection (b).
24 (h) AUTHORIZATION OF APPROPRIATIONS.—There
25 are authorized to be appropriated to the Secretary to carry
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1 out the activities authorized in this section $1,000,000 for
2 each of fiscal years 2022 through 2026.
3 SEC. 10625. CLEAN ENERGY TECHNOLOGY TRANSFER CO-
4 ORDINATION.
5 (a) IN GENERAL.—The Secretary, acting through the
6 Chief Commercialization Officer established in section
7 1001 (a) of the Energy Policy Act of 2005 (42 U.S.C.
8 16391 (a)), shall support the coordination of relevant
9 technology transfer programs that advance the commercial
10 application of clean energy technologies nationally and
11 across all energy sectors. In particular, the Secretary may
12 support activities to—
13 (1) facilitate the sharing of information on best
14 practices for successful operation of clean energy
15 technology transfer programs;
16 (2) coordinate resources and improve coopera-
17 tion among clean energy technology transfer pro-
18 grams;
19 (3) facilitate connections between entrepreneurs
20 and start-up companies and the variety of programs
21 related to clean energy technology transfer under the
22 Department; and
23 (4) facilitate the development of metrics to
24 measure the impact of clean energy technology
25 transfer programs on—
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1 (A) advancing the development, demonstra-
2 tion, and commercial application of clean en-
3 ergy technologies;
4 (B) increasing the competitiveness of
5 United States in the clean energy sector, in-
6 cluding in manufacturing; and
7 (C) commercial application of clean energy
8 technologies being developed by entrepreneurs
9 from under-represented backgrounds.
10 (b) AUTHORIZATION OF APPROPRIATIONS.—There
11 are authorized to be appropriated to the Secretary to carry
12 out the activities in this section $3,000,000 for each of
13 fiscal years 2022 through 2026.
14 PART 2—SUPPORTING TECHNOLOGY DEVELOP-
15 MENT AT THE NATIONAL LABORATORIES
16 SEC. 10626. LAB PARTNERING SERVICE PILOT PROGRAM.
17 Section 9002 of division Z of the Consolidated Appro-
18 priations Act, 2021 (Public Law 116–260) is amended by
19 adding at the end the following:
20 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
21 are authorized to be appropriated to the Secretary
22 $2,000,000 for each of fiscal years 2022 through 2024
23 to carry out subsections (a), (b), and (c), and $1,700,000
24 for each of fiscal years 2022 through 2024 for National
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1 Laboratory employees to provide services under subsection
2 (d).’’.
3 SEC. 10627. LAB-EMBEDDED ENTREPRENEURSHIP PRO-
4 GRAM.
5 (a) IN GENERAL.—The Secretary shall competitively
6 award grants to National Laboratories for the purpose of
7 establishing or supporting Lab-Embedded Entrepreneur-
8 ship Programs.
9 (b) PURPOSES.—The purposes of such programs are
10 to provide entrepreneurial fellows with access to National
11 Laboratory research facilities, National Laboratory exper-
12 tise, and mentorship to perform research and development
13 and gain expertise that may be required or beneficial for
14 the commercial application of research ideas.
15 (c) ENTREPRENEURIAL FELLOWS.—An entrepre-
16 neurial fellow participating in a program described in sub-
17 section (a) shall be provided with—
18 (1) opportunities for entrepreneurial training,
19 professional development, and exposure to leaders
20 from academia, industry, government, and finance
21 who may serve as advisors to or partners of the fel-
22 low;
23 (2) financial and technical support for research,
24 development, and commercial application activities;
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1 (3) fellowship awards to cover costs of living,
2 health insurance, and travel stipends for the dura-
3 tion of the fellowship; and
4 (4) any other resources determined appropriate
5 by the Secretary.
6 (d) PROGRAM ACTIVITIES.—Each National Labora-
7 tory that receives funding under this section shall support
8 entrepreneurial fellows by providing—
9 (1) access to facilities and expertise within the
10 National Laboratory;
11 (2) engagement with external stakeholders; and
12 (3) market and customer development opportu-
13 nities.
14 (e) ADMINISTRATION.—National Laboratories that
15 receive grants under this section shall prioritize the sup-
16 port and success of the entrepreneurial fellow with regards
17 to professional development and development of a relevant
18 technology.
19 (f) PARTNERSHIPS.—In carrying out a Lab-Embed-
20 ded Entrepreneurship Program, a National Laboratory
21 may partner with an external entity, including—
22 (1) a nonprofit organization;
23 (2) an institution of higher education;
24 (3) a federally-owned corporation; or
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1 (4) a consortium of 2 or more entities described
2 in paragraphs (1) through (3).
3 (g) METRICS.—The Secretary shall support the de-
4 velopment of short-term and long-term metrics to assess
5 the effectiveness of programs receiving a grant under sub-
6 section (a) in achieving the purposes of the program in
7 subsection (a).
8 (h) EVALUATION.—In accordance with section 9007
9 of division Z of the Consolidated Appropriations Act, 2021
10 (Public Law 116–260), not later than 3 years after the
11 date of the enactment of this Act, and every 3 years there-
12 after, the Secretary shall submit to the Committee on
13 Science, Space, and Technology of the House of Rep-
14 resentatives and the Committee on Energy and Natural
15 Resources of the Senate an evaluation of the effectiveness
16 of the programs under subsection (a) based on the metrics
17 developed pursuant to subsection (g).
18 (i) COORDINATION.—The Secretary shall oversee the
19 planning and coordination of grants under subsection (a)
20 and shall identify and disseminate best practices for
21 achieving the purposes of subsection (a) to National Lab-
22 oratories that receive grants under this section.
23 (j) INTERAGENCY COLLABORATION.—The Secretary
24 shall collaborate with other executive branch agencies, in-
25 cluding the Department of Defense and other agencies
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1 with Federal laboratories, regarding opportunities to part-
2 ner with National Laboratories receiving a grant under
3 subsection (a).
4 (k) AUTHORIZATION OF APPROPRIATIONS.—There
5 are authorized to be appropriated to the Secretary to carry
6 out the activities authorized in this section $25,000,000
7 for each of fiscal years 2022 through 2026.
8 SEC. 10628. SMALL BUSINESS VOUCHER PROGRAM.
9 Section 1003 of the Energy Policy Act of 2005 (42
10 U.S.C. 16393) is amended—
11 (1) in subsection (a)—
12 (A) in the matter preceding paragraph (1),
13 by striking ‘‘, and may require the Director of
14 a single-purpose research facility,’’ and insert-
15 ing ‘‘(as defined in section 2) and the Director
16 of each single-purpose research facility’’;
17 (B) in paragraph (1)—
18 (i) by striking ‘‘increase’’ and insert-
19 ing ‘‘encourage’’; and
20 (ii) by striking ‘‘collaborative re-
21 search,’’ and inserting ‘‘research, develop-
22 ment, demonstration, and commercial ap-
23 plication activities, including product devel-
24 opment,’’;
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1 (C) in paragraph (2), by striking ‘‘procure-
2 ment and collaborative research’’ and inserting
3 ‘‘the activities described in paragraph (1)’’;
4 (D) in paragraph (3)—
5 (i) by inserting ‘‘facilities,’’ before
6 ‘‘training’’; and
7 (ii) by striking ‘‘procurement and col-
8 laborative research activities’’ and insert-
9 ing ‘‘the activities described in paragraph
10 (1)’’; and
11 (E) in paragraph (5), by striking ‘‘for the
12 program under subsection (b)’’ and inserting
13 ‘‘and metrics for the programs under sub-
14 sections (b) and (c)’’;
15 (2) by redesignating subsections (c) and (d) as
16 subsections (d) and (e), respectively;
17 (3) by inserting after subsection (b) the fol-
18 lowing:
19 ‘‘(c) SMALL BUSINESS VOUCHER PROGRAM.—
20 ‘‘(1) DEFINITIONS.—In this subsection:
21 ‘‘(A) DIRECTOR.—The term ‘Director’
22 means—
23 ‘‘(i) the Director of each National
24 Laboratory; and
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1 ‘‘(ii) the Director of each single-pur-
2 pose research facility.
3 ‘‘(B) NATIONAL LABORATORY.—The term
4 ‘National Laboratory’ has the meaning given
5 the term in section 2.
6 ‘‘(C) PROGRAM.—The term ‘program’
7 means the program established under para-
8 graph (2).
9 ‘‘(D) SMALL BUSINESS CONCERN.—The
10 term ‘small business concern’ has the meaning
11 given such term in section 3 of the Small Busi-
12 ness Act (15 U.S.C. 632).
13 ‘‘(2) ESTABLISHMENT.—The Secretary, acting
14 through the Chief Commercialization Officer ap-
15 pointed under section 1001(a), and in consultation
16 with the Directors, shall establish a program to pro-
17 vide small business concerns with vouchers under
18 paragraph (3)—
19 ‘‘(A) to achieve the goal described in sub-
20 section (a)(1); and
21 ‘‘(B) to improve the products, services, and
22 capabilities of small business concerns in the
23 mission space of the Department.
24 ‘‘(3) VOUCHERS.—Under the program, the Di-
25 rectors are authorized to provide to small business
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1 concerns vouchers to be used at National Labora-
2 tories and single-purpose research facilities for—
3 ‘‘(A) research, development, demonstra-
4 tion, technology transfer, skills training and
5 workforce development, or commercial applica-
6 tion activities; or
7 ‘‘(B) any other activities that the applica-
8 ble Director determines appropriate.
9 ‘‘(4) EXPEDITED APPROVAL.—The Secretary,
10 working with the Directors, shall establish a stream-
11 lined approval process for financial assistance agree-
12 ments signed between—
13 ‘‘(A) small business concerns selected to
14 receive a voucher under the program; and
15 ‘‘(B) the National Laboratories and single-
16 purpose research facilities.
17 ‘‘(5) COST-SHARING REQUIREMENT.—In car-
18 rying out the program, the Secretary shall require
19 cost-sharing in accordance with section 988.
20 ‘‘(6) REPORT.—In accordance with section
21 9007 of division Z of the Consolidated Appropria-
22 tions Act, 2021 (Public Law 116–260), the Sec-
23 retary shall report annually on the progress and im-
24 plementation of the small business voucher program
25 established under this section, including the number
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1 and locations of small businesses that received
2 grants under this program.’’; and
3 (4) in subsection (e) (as so redesignated), by
4 striking ‘‘for activities under this section’’ and in-
5 serting ‘‘for activities under subsection (b)’’ and in-
6 serting before the period at the end ‘‘and for activi-
7 ties under subsection (c) $25,000,000 for each of
8 fiscal years 2022 through 2026’’.
9 SEC. 10629. ENTREPRENEURIAL LEAVE PROGRAM.
10 (a) IN GENERAL.—The Secretary shall delegate to
11 Directors the authority to carry out an entrepreneurial
12 leave program (referred to in this section as the ‘‘pro-
13 gram’’) to allow National Laboratory employees to take
14 a full leave of absence from their position, with the option
15 to return to that or a comparable position up to 3 years
16 later, or a partial leave of absence, to advance the commer-
17 cial application of energy and related technologies relevant
18 to the mission of the Department.
19 (b) TERMINATION AUTHORITY.—Directors shall re-
20 tain the authority to terminate National Laboratory em-
21 ployees that participate in the program if such employees
22 are found to violate terms prescribed by the National Lab-
23 oratory at which such employee is employed.
24 (c) LICENSING.—To reduce barriers to participation
25 in the program, the Secretary shall delegate to the Direc-
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1 tors the requirement to establish streamlined mechanisms
2 for facilitating the licensing of technology that is the focus
3 of National Laboratory employees who participate in the
4 program.
5 (d) REPORT.—In accordance with section 9007 of di-
6 vision Z of the Consolidated Appropriations Act, 2021
7 (Public Law 116–260), the Secretary shall report annually
8 on the utilization of this authority at National Labora-
9 tories, including the number of employees who participate
10 in this program at each National Laboratory and the num-
11 ber of employees who take a permanent leave from their
12 positions at National Laboratories as a result of partici-
13 pating in this program.
14 (e) FEDERAL ETHICS.—Nothing in this section shall
15 affect existing Federal ethics rules applicable to Federal
16 personnel.
17 SEC. 10630. NATIONAL LABORATORY NON-FEDERAL EM-
18 PLOYEE OUTSIDE EMPLOYMENT AUTHORITY.
19 (a) IN GENERAL.—The Secretary shall delegate to
20 Directors of National Laboratories the authority to allow
21 their non-Federal employees—
22 (1) to engage in outside employment, including
23 start-up companies based on licensing technologies
24 developed at National Laboratories and consulting in
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1 their areas of expertise, and receive compensation
2 from such entities; and
3 (2) to engage in outside activities related to
4 their areas of expertise at the National Laboratory
5 and may allow employees, in their employment ca-
6 pacity at such outside employment, to access the
7 National Laboratories under the same contracting
8 mechanisms as non-Laboratory employees and enti-
9 ties, in accordance with appropriate conflict of inter-
10 est protocols.
11 (b) REQUIREMENTS.—If a Director elects to use the
12 authority granted by subsection (a) of this section, the Di-
13 rector, or their designee, shall—
14 (1) require employees to disclose to and obtain
15 approval from the Director or their designee prior to
16 engaging in any outside employment;
17 (2) develop and require appropriate conflict of
18 interest protocols for employees that engage in out-
19 side employment;
20 (3) maintain the authority to terminate employ-
21 ees engaging in outside employment if they are
22 found to violate terms, including conflict of interest
23 protocols, mandated by the Director; and
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1 (4) ensure that any such programs or activities
2 are in conformance with the Department’s research
3 security policies, including DOE Order 486.1.
4 (c) ADDITIONAL RESTRICTIONS.—Employees engag-
5 ing in outside employment may not—
6 (1) allow such activities to interfere with or im-
7 pede their duties at the National Laboratory;
8 (2) engage in activities related to outside em-
9 ployment using National Laboratory government
10 equipment, property, or resources, unless such ac-
11 tivities are performed under National Laboratory
12 contracting mechanisms, such as Cooperative Re-
13 search and Development Agreements or Strategic
14 Partnership Projects, whereby all conflicts of inter-
15 est requirements apply; or
16 (3) use their position at a National Laboratory
17 to provide an unfair competitive advantage to an
18 outside employer or start-up activity.
19 (d) FEDERAL ETHICS.—Nothing in this section shall
20 affect existing Federal ethics rules applicable to Federal
21 personnel.
22 SEC. 10631. NATIONAL LABORATORIES RESTORATION AND
23 MODERNIZATION.
24 (a) DEFINITIONS.—In this section:
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1 (1) NATIONAL LABORATORY.—The term ‘‘Na-
2 tional Laboratory’’ has the meaning given the term
3 in section 2 of the Energy Policy Act of 2005 (42
4 U.S.C. 15801).
5 (2) SECRETARY.—The term ‘‘Secretary’’ means
6 the Secretary of Energy.
7 (b) RESTORATION AND MODERNIZATION
8 PROJECTS.—The Secretary shall fund projects described
9 in subsection (c) as needed to address the deferred mainte-
10 nance, critical infrastructure needs, and modernization of
11 National Laboratories.
12 (c) PROJECTS DESCRIBED.—The projects referred to
13 in subsection (b) are, as determined by the Secretary—
14 (1) priority deferred maintenance projects at
15 National Laboratories, including facilities
16 sustainment for, upgrade of, and construction of re-
17 search laboratories, administrative and support
18 buildings, utilities, roads, power plants, and any
19 other critical infrastructure; and
20 (2) lab modernization projects at National Lab-
21 oratories, including lab modernization projects relat-
22 ing to core infrastructure needed—
23 (A) to support existing and emerging
24 science missions with new and specialized re-
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1 quirements for world-leading scientific user fa-
2 cilities and computing capabilities; and
3 (B) to maintain safe, efficient, reliable,
4 and environmentally responsible operations.
5 (d) SUBMISSION TO CONGRESS.—For each fiscal year
6 through fiscal year 2026, at the same time as the annual
7 budget submission of the President, the Secretary shall
8 submit to the Committees on Appropriations and Energy
9 and Natural Resources of the Senate and the Committees
10 on Appropriations and Science, Space, and Technology of
11 the House of Representatives a list of projects for which
12 the Secretary will provide funding under this section, in-
13 cluding a description of each project and the funding pro-
14 file for the project.
15 (e) AUTHORIZATION OF APPROPRIATIONS.—
16 (1) IN GENERAL.—There is authorized to be
17 appropriated to the Secretary to carry out this sec-
18 tion $6,100,000,000 for each of fiscal years 2022
19 through 2026.
20 (2) OFFICE OF SCIENCE.—Not less than 1⁄3 of
21 the amounts made available to carry out this section
22 each fiscal year shall be managed by the Office of
23 Science of the Department of Energy.
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1 PART 3—DEPARTMENT OF ENERGY
2 MODERNIZATION
3 SEC. 10632. OFFICE OF TECHNOLOGY TRANSITIONS.
4 Section 1001(a) of the Energy Policy Act of 2005
5 (42 U.S.C. 16391) is amended by adding at the end the
6 following:
7 ‘‘(6) HIRING AND MANAGEMENT.—To carry out
8 the program authorized in this section, the Under
9 Secretary for Science may appoint personnel using
10 the authorities in section 10636 of the America
11 COMPETES Act of 2022.
12 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—
13 There are authorized to be appropriated to the Sec-
14 retary to carry out the activities authorized in this
15 section $20,000,000 for each of fiscal years 2022
16 through 2026.’’.
17 SEC. 10633. MANAGEMENT OF DEPARTMENT OF ENERGY
18 DEMONSTRATION PROJECTS.
19 Section 41201 of the Infrastructure Investment and
20 Jobs Act (42 U.S.C. 18861) is amended—
21 (1) in subsection (b), by inserting ‘‘including
22 the Office of Technology Transitions, the Loan Pro-
23 gram Office, and all applied program offices,’’ after
24 ‘‘Department,’’;
25 (2) in subsection (d), by inserting ‘‘, including
26 by using the authorities in section 10636 of the
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1 America COMPETES Act of 2022,’’ after ‘‘per-
2 sonnel’’;
3 (3) by redesignating subsections (e), (f), and
4 (g) as subsections (g), (h), and (i), respectively;
5 (4) by adding after subsection (d) the following:
6 ‘‘(e) ADDITIONAL AUTHORITY.—The Secretary may
7 carry out and manage covered projects directly through
8 the program.
9 ‘‘(f) PROJECT TERMINATION.—Should an ongoing
10 covered project receive an unfavorable review under sub-
11 section (c)(5), the Secretary or their designee may cease
12 funding the covered project and reallocate the remaining
13 funds to new or existing covered projects carried out by
14 that program office.’’; and
15 (5) in subsection (h)(1) (as so redesignated), by
16 striking ‘‘The Secretary’’ and inserting ‘‘In accord-
17 ance with section 9007 of division Z of the Consoli-
18 dated Appropriations Act, 2021 (Public Law 116–
19 260), the Secretary’’.
20 SEC. 10634. STREAMLINING PRIZE COMPETITIONS.
21 (a) REPORTING.—Section 1008 of the Energy Policy
22 Act of 2005 (42 U.S.C. 16396) is amended by adding at
23 the end the following:
24 ‘‘(h) REPORT.—In accordance with section 9007 of
25 division Z of the Consolidated Appropriations Act, 2021
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1 (Public Law 116–260), the Secretary shall report annually
2 on a description of any prize competitions carried out
3 using the authority under this section, the total amount
4 of prizes awarded along with any private sector contribu-
5 tions, the methods used for solicitation and evaluation,
6 and a description of how each prize competition advanced
7 the mission of the Department.’’.
8 (b) TECHNICAL AMENDMENT.—Section 1008 of the
9 Energy Policy Act of 2005 (42 U.S.C. 16396) is amended
10 by redesignating the second subsection (e) (relating to au-
11 thorization of appropriations) as subsection (f).
12 SEC. 10635. COST-SHARE WAIVER EXTENSION.
13 (a) IN GENERAL.—Section 988 of the Energy Policy
14 Act of 2005 (42 U.S.C. 16352) is amended in subsection
15 (b)(4)(B) by striking ‘‘this paragraph’’ and inserting ‘‘the
16 America COMPETES Act of 2022’’.
17 (b) REPORT.—Section 108(b) of the Department of
18 Energy Research and Innovation Act is amended in sub-
19 section (b) by striking ‘‘this Act’’ each place it appears
20 and inserting ‘‘the America COMPETES Act of 2022’’.
21 SEC. 10636. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC,
22 ENGINEERING, AND PROJECT MANAGEMENT
23 PERSONNEL.
24 (a) IN GENERAL.—The Under Secretary for Science
25 shall have the authority to—
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1 (1) make appointments of not more than 60
2 scientific, engineering, and professional personnel,
3 without regard to civil service laws, to assist the De-
4 partment in meeting specific project or research
5 needs;
6 (2) fix the basic pay of any employee appointed
7 under this section at a rate to be determined by the
8 Under Secretary at rates not in excess of Level II
9 of the Executive Schedule (EX–II) under section
10 5311 of title 5, United States Code without regard
11 to the civil service laws; and
12 (3) pay any employee appointed under this sec-
13 tion payments in addition to basic pay, except that
14 the total amount of additional payments paid to an
15 employee under this subsection for any 12-month pe-
16 riod shall not exceed the lesser of the following
17 amounts:
18 (A) $25,000.
19 (B) The amount equal to 25 percent of the
20 annual rate of basic pay of that employee.
21 (C) The amount of the limitation that is
22 applicable for a calendar year under section
23 5307(a)(1) of title 5, United States Code.
24 (b) TERM.—
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1 (1) IN GENERAL.—The term of any employee
2 appointed under this section shall not exceed 3 years
3 unless otherwise authorized in law.
4 (2) TERMINATION.—The Under Secretary for
5 Science shall have the authority to terminate any
6 employee appointed under this section at any time
7 based on performance or changing project or re-
8 search needs of the Department.
9 SEC. 10637. TECHNOLOGY TRANSFER REPORTS AND EVAL-
10 UATION.
11 Section 9007 of division Z of the Consolidated Appro-
12 priations Act, 2021 (Public Law 116–260) is amended as
13 follows:
14 ‘‘(a) ANNUAL REPORT.—As part of the updated tech-
15 nology transfer execution plan required each year under
16 section 1001(h)(2) of the Energy Policy Act of 2005 (42
17 U.S.C. 16391(g)(2)), the Secretary of Energy (in this sec-
18 tion referred to as the ‘Secretary’) shall submit to the
19 Committee on Science, Space, and Technology of the
20 House of Representatives and the Committee on Energy
21 and Natural Resources of the Senate a report on the
22 progress and implementation of programs established
23 under sections 9001, 9002, 9003, 9004, and 9005 of this
24 Act and under sections 10624, 10628, 10629, 10630,
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1 10631, and 10633 of the America COMPETES Act of
2 2022.
3 ‘‘(b) EVALUATION.—Not later than 3 years after the
4 enactment of this Act and every 3 years thereafter the
5 Secretary shall submit to the Committee on Science,
6 Space, and Technology of the House of Representatives
7 and the Committee on Energy and Natural Resources of
8 the Senate an evaluation on the extent to which programs
9 established under sections 9001, 9002, 9003, 9004, and
10 9005 of this Act and sections 10623, 10624, 10625, and
11 10627 of the America COMPETES Act of 2022 are
12 achieving success based on relevant short-term and long-
13 term metrics.’’.
14 SEC. 10638. ARPA-E AUTHORIZATION OF APPROPRIATIONS.
15 Paragraph (2) of section 5012(o) of the America
16 Competes Act (42 U.S.C. 16538(o)) is amended—
17 (1) in subparagraph (D), by striking ‘‘and’’;
18 (2) in subparagraph (E), by striking the period
19 and inserting ‘‘; and’’; and
20 (3) by inserting after subparagraph (E) the fol-
21 lowing:
22 ‘‘(F) $1,000,000,000 for fiscal year
23 2026.’’.
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1 Subtitle D—Regional Innovation
2 SEC. 10641. REGIONAL INNOVATION CAPACITY.
3 (a) IN GENERAL.—The Stevenson-Wydler Tech-
4 nology Innovation Act of 1980 (Public Law 96–480; 15
5 U.S.C. 3701 et seq.) is amended—
6 (1) by redesignating section 28 as section 29;
7 and
8 (2) by inserting after section 27 the following:
9 ‘‘SEC. 28. REGIONAL TECHNOLOGY AND INNOVATION HUB
10 PROGRAM.
11 ‘‘(a) DEFINITIONS.—In this section:
12 ‘‘(1) APPROPRIATE COMMITTEES OF CON-
13 GRESS.—The term ‘appropriate committees of Con-
14 gress’ means—
15 ‘‘(A) the Committee on Commerce,
16 Science, and Transportation, the Committee on
17 Environment and Public Works, and the Com-
18 mittee on Appropriations of the Senate; and
19 ‘‘(B) the Committee on Science, Space,
20 and Technology and the Committee on Appro-
21 priations of the House of Representatives.
22 ‘‘(2) COOPERATIVE EXTENSION SERVICES.—
23 The term ‘cooperative extension services’ has the
24 meaning given the term in section 1404 of the Food
25 and Agriculture Act of 1977 (7 U.S.C. 3103).
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1 ‘‘(3) HISTORICALLY BLACK COLLEGES AND
2 UNIVERSITIES.—The term ‘historically Black col-
3 leges and universities’ has the meaning given the
4 term ‘part B institution’ in section 322 of the High-
5 er Education Act of 1965 (20 U.S.C. 1061).
6 ‘‘(4) LABOR ORGANIZATION.—The term ‘labor
7 organization’ has the meaning given the term in sec-
8 tion 2(5) of the National Labor Relations Act (29
9 U.S.C. 152(5)), except that such term shall also in-
10 clude—
11 ‘‘(A) any organization composed of labor
12 organizations, such as a labor union federation
13 or a State or municipal labor body; and
14 ‘‘(B) any organization which would be in-
15 cluded in the definition for such term under
16 such section 2(5) but for the fact that the orga-
17 nization represents—
18 ‘‘(i) individuals employed by the
19 United States, any wholly owned Govern-
20 ment corporation, any Federal Reserve
21 Bank, or any State or political subdivision
22 thereof;
23 ‘‘(ii) individuals employed by persons
24 subject to the Railway Labor Act (45
25 U.S.C. 151 et seq.); or
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1 ‘‘(iii) individuals employed as agricul-
2 tural laborers.
3 ‘‘(5) MANUFACTURING EXTENSION CENTER.—
4 The term ‘manufacturing extension center’ has the
5 meaning given the term ‘Center’ in section 25(a) of
6 the National Institute of Standards and Technology
7 Act (15 U.S.C. 278k(a)).
8 ‘‘(6) MANUFACTURING USA INSTITUTE.—The
9 term ‘Manufacturing USA institute’ means a Manu-
10 facturing USA institute described in section 34(d) of
11 the National Institute of Standards and Technology
12 Act (15 U.S.C. 278s(d)).
13 ‘‘(7) MINORITY-SERVING INSTITUTION.—The
14 term ‘minority-serving institution’ means a His-
15 panic-serving institution, an Alaska Native-serving
16 institution, a Native Hawaiian-serving institutions, a
17 Predominantly Black Institution, an Asian American
18 and Native American Pacific Islander-serving insti-
19 tution, or a Native American-serving nontribal insti-
20 tution as described in section 371(a) of the Higher
21 Education Act of 1965 (20 U.S.C. 1067q(a)).
22 ‘‘(8) SITE CONNECTIVITY INFRASTRUCTURE.—
23 The term ‘site connectivity infrastructure’ means lo-
24 calized driveways and access roads to a facility as
25 well as hookups to the new facility for drinking
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1 water, waste water, broadband, and other basic in-
2 frastructure services already present in the area.
3 ‘‘(9) STATE.—The term ‘state’ has the meaning
4 given such term in section 27(a) of the Stevenson-
5 Wydler Act of 1980 (15 U.S.C. 3722(a)).
6 ‘‘(10) TRIBAL GOVERNMENT.—The term ‘Tribal
7 Government’ means the governing body of any In-
8 dian or Alaska Native Tribe, band, nation, pueblo,
9 village, community, component band or component
10 reservation, individually identified (including par-
11 enthetically) in the list published most recently as of
12 the date of enactment of this Act pursuant to sec-
13 tion 104 of the Federally Recognized Indian Tribe
14 List Act of 1994 (25 U.S.C. 5131).
15 ‘‘(11) TRIBAL COLLEGE OR UNIVERSITY.—The
16 term ‘Tribal College or University’ has the meaning
17 given such term in section 316 of the Higher Edu-
18 cation Act of 1965 (20 U.S.C. 1059c).
19 ‘‘(12) VENTURE DEVELOPMENT ORGANIZA-
20 TION.—The term ‘venture development organization’
21 has the meaning given such term in section 27(a) of
22 the Stevenson-Wydler Act of 1980 (15 U.S.C.
23 3722(a)).
24 ‘‘(13) COMMUNITY DEVELOPMENT FINANCIAL
25 INSTITUTION.—The term ‘community development
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1 financial institution’ has the meaning given in sec-
2 tion 103 of the Community Development Banking
3 and Financial Institutions Act of 1994 (12 U.S.C.
4 4702).
5 ‘‘(14) MINORITY DEPOSITORY INSTITUTION.—
6 The term ‘minority depository institution’ means an
7 entity that is—
8 ‘‘(A) a minority depository institution, as
9 defined in section 308 of the Financial Institu-
10 tions Reform, Recovery, and Enforcement Act
11 of 1989 (12 U.S.C. 1463 note); or
12 ‘‘(B) considered to be a minority deposi-
13 tory institution by—
14 ‘‘(i) the appropriate Federal banking
15 agency; or
16 ‘‘(ii) the National Credit Union Ad-
17 ministration, in the case of an insured
18 credit union.
19 ‘‘(b) REGIONAL TECHNOLOGY AND INNOVATION HUB
20 PROGRAM.—
21 ‘‘(1) IN GENERAL.—Subject to the availability
22 of appropriations, the Secretary shall carry out a
23 program—
24 ‘‘(A) to encourage new and constructive
25 collaboration among local, State, Tribal, and
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1 Federal government entities, institutions of
2 higher education, the private sector, economic
3 development organizations, labor organizations,
4 worker cooperative membership associations,
5 State or local employee ownership and coopera-
6 tive development centers, nonprofit organiza-
7 tions, and community organizations to promote
8 inclusive regional innovation initiatives;
9 ‘‘(B) to support eligible consortia in the
10 development and implementation of regional in-
11 novation strategies;
12 ‘‘(C) to designate eligible consortia as re-
13 gional technology and innovation hubs and fa-
14 cilitate activities by consortia designated as re-
15 gional technology and innovation hubs in imple-
16 menting their regional innovation strategies—
17 ‘‘(i) to enable United States leader-
18 ship in technology and innovation sectors
19 critical to national and economic security;
20 ‘‘(ii) to support regional economic de-
21 velopment and resilience, including in
22 small cities and rural areas, and promote
23 increased geographic diversity of innova-
24 tion across the United States;
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1 ‘‘(iii) to promote the benefits of tech-
2 nology development and innovation for all
3 Americans, including underserved commu-
4 nities and vulnerable communities;
5 ‘‘(iv) to support the modernization
6 and expansion of United States manufac-
7 turing based on advances in technology
8 and innovation;
9 ‘‘(v) to support domestic job creation
10 and broad-based economic growth; and
11 ‘‘(vi) to improve the pace of market
12 readiness, industry maturation, and overall
13 commercialization and domestic production
14 of innovative research;
15 ‘‘(D) to ensure that the regional tech-
16 nology and innovation hubs address the inter-
17 section of emerging technologies and either re-
18 gional challenges or national challenges; and
19 ‘‘(E) to conduct ongoing research, evalua-
20 tion, analysis, and dissemination of best prac-
21 tices for regional development and competitive-
22 ness in technology and innovation.
23 ‘‘(2) AWARDS.—The Secretary shall carry out
24 the program required by paragraph (1) through the
25 award of the following:
•HR 4521 EH
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1 ‘‘(A) Strategy development grants or coop-
2 erative agreements to eligible consortia under
3 subsection (e).
4 ‘‘(B) Strategy implementation grants or
5 cooperative agreements to regional technology
6 and innovation hubs under subsection (f).
7 ‘‘(c) ELIGIBLE CONSORTIA.—For purposes of this
8 section, an eligible consortium is a consortium that—
9 ‘‘(1) includes 1 or more of each of the fol-
10 lowing—
11 ‘‘(A) institutions of higher education,
12 which may include Historically Black Colleges
13 and Universities, Tribal Colleges and Univer-
14 sities, and minority-serving institutions;
15 ‘‘(B) State, territorial, local, or Tribal gov-
16 ernments or other political subdivisions of a
17 State, including State and local agencies, or a
18 consortia thereof;
19 ‘‘(C) industry or firms in relevant tech-
20 nology, innovation, or manufacturing sectors;
21 ‘‘(D) labor organizations or workforce
22 training organizations, which may include State
23 and local workforce development boards as es-
24 tablished under sections 101 and 107 of the
•HR 4521 EH
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1 Workforce Investment and Opportunity Act (29
2 U.S.C. 3111; 3122); and
3 ‘‘(E) organizations that contribute to in-
4 creasing the participation of underserved popu-
5 lations in science, technology, innovation, and
6 entrepreneurship; and
7 ‘‘(2) may include 1 or more—
8 ‘‘(A) economic development entities with
9 relevant expertise, including a district organiza-
10 tion (as defined in section 300.3 of title 13,
11 Code of Federal Regulations, or successor regu-
12 lation);
13 ‘‘(B) economic development organizations
14 or similar entities that are focused primarily on
15 improving science, technology, innovation, en-
16 trepreneurship, or access to capital;
17 ‘‘(C) venture development organizations;
18 ‘‘(D) worker cooperative membership asso-
19 ciations and state or local employee ownership
20 and cooperative development centers;
21 ‘‘(E) financial institutions and investment
22 funds, including community development finan-
23 cial institutions and minority depository institu-
24 tions;
•HR 4521 EH
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1 ‘‘(F) elementary schools and secondary
2 schools, including area career and technical
3 education schools (as defined in section 3 of the
4 Carl D. Perkins Career and Technical Edu-
5 cation Act of 2006 (29 U.S.C. 2302);
6 ‘‘(G) National Laboratories (as defined in
7 section 2 of the Energy Policy Act of 2005 (42
8 U.S.C. 15801));
9 ‘‘(H) Federal laboratories;
10 ‘‘(I) Manufacturing extension centers;
11 ‘‘(J) Manufacturing USA institutes;
12 ‘‘(K) transportation planning organiza-
13 tions;
14 ‘‘(L) a cooperative extension services; and
15 ‘‘(M) organizations that represent the per-
16 spectives of underserved communities in eco-
17 nomic development initiatives.
18 ‘‘(d) DESIGNATION OF REGIONAL TECHNOLOGY AND
19 INNOVATION HUBS.—
20 ‘‘(1) IN GENERAL.—In carrying out subsection
21 (b)(1)(C), the Secretary shall use a competitive,
22 merit-review process to designate not fewer than 10
23 eligible consortia as regional technology and innova-
24 tion hubs.
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1 ‘‘(2) GEOGRAPHIC DISTRIBUTION.—In con-
2 ducting the competitive process under paragraph
3 (1), the Secretary shall ensure geographic distribu-
4 tion in the designation of regional technology and in-
5 novation hubs by—
6 ‘‘(A) focusing on localities that are not the
7 top five leading technology centers;
8 ‘‘(B) ensuring that not fewer than one
9 third of eligible consortia designated as regional
10 technology and innovation hubs significantly
11 benefit a rural or other underserved community;
12 ‘‘(C) ensuring that at least one eligible
13 consortium designated as a regional technology
14 and innovation hub is headquartered in a State
15 that is eligible to receive funding from the Es-
16 tablished Program to Stimulate Competitive Re-
17 search of the National Science Foundation;
18 ‘‘(D) ensuring that at least one eligible
19 consortium designated as a regional technology
20 and innovation hub is headquartered in a region
21 that has a high density of institutions of higher
22 education serving populations historically
23 underrepresented in STEM, including histori-
24 cally Black Colleges and Universities, Tribal
•HR 4521 EH
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1 Colleges and Universities, and minority-serving
2 institutions; and
3 ‘‘(E) ensuring that at least 1 eligible con-
4 sortium designated as a regional technology and
5 innovation hub significantly benefits an area or
6 region whose economy significantly relies on or
7 has recently relied on coal, oil, or natural gas
8 production, development, or utilization.
9 ‘‘(3) RELATION TO CERTAIN GRANT AWARDS.—
10 The Secretary shall not require an eligible consor-
11 tium to receive a grant or cooperative agreement
12 under subsection (e) in order to be designated as a
13 regional technology and innovation hub under para-
14 graph (1) of this subsection.
15 ‘‘(e) STRATEGY DEVELOPMENT GRANTS AND COOP-
16 ERATIVE AGREEMENTS.—
17 ‘‘(1) IN GENERAL.—The Secretary shall use a
18 competitive, merit-review process to award grants or
19 cooperative agreements to eligible consortia for the
20 development of regional innovation strategies.
21 ‘‘(2) NUMBER OF RECIPIENTS.—The Secretary
22 shall award a grant or cooperative agreement under
23 paragraph (1) to not fewer than 20 eligible con-
24 sortia.
•HR 4521 EH
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1 ‘‘(3) GEOGRAPHIC DIVERSITY AND REPRESEN-
2 TATION.—
3 ‘‘(A) IN GENERAL.—The Secretary shall
4 carry out paragraph (1) in a manner that en-
5 sures geographic diversity and representation
6 from communities of differing populations.
7 ‘‘(B) AWARDS TO RURAL COMMUNITIES
8 AND UNDERSERVED COMMUNITIES.—In car-
9 rying out paragraph (1), the Secretary shall
10 award not fewer than one-half of the grants and
11 cooperative agreements under such paragraph
12 to eligible consortia that significantly benefit a
13 rural state, rural community, or other under-
14 served community.
15 ‘‘(4) USE OF FUNDS.—The amount of a grant
16 or cooperative agreement awarded under paragraph
17 (1) shall be as follows:
18 ‘‘(A) To coordinate locally defined planning
19 processes, across jurisdictions and agencies, re-
20 lating to developing a comprehensive regional
21 technology strategy.
22 ‘‘(B) To identify regional partnerships for
23 developing and implementing a comprehensive
24 regional technology strategy.
•HR 4521 EH
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1 ‘‘(C) To conduct or update assessments to
2 determine regional needs and capabilities.
3 ‘‘(D) To develop or update goals and strat-
4 egies to implement an existing comprehensive
5 regional plan.
6 ‘‘(E) To identify or implement planning
7 and local zoning and other code changes nec-
8 essary to implement a comprehensive regional
9 technology strategy.
10 ‘‘(F) To develop or update goals for ensur-
11 ing that any new regional technology strategy
12 mitigates and does not exacerbate economic or
13 social inequities in a region.
14 ‘‘(5) FEDERAL SHARE.—The Federal share of
15 the cost of an effort carried out using a grant or co-
16 operative agreement awarded under this subsection
17 may not exceed 80 percent—
18 ‘‘(A) where in-kind contributions may be
19 used for all or part of the non-Federal share,
20 but Federal funding from other government
21 sources may not count towards the non-Federal
22 share;
23 ‘‘(B) except in the case of an eligible con-
24 sortium that represents all or part of a rural or
25 other underserved community, the Federal
•HR 4521 EH
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1 share may be up to 90 percent of the total cost,
2 subject to subparagraph (A); and
3 ‘‘(C) except in the case of an eligible con-
4 sortium that is led by a Tribal government, the
5 Federal share may be up to 100 percent of the
6 total cost of the project.
7 ‘‘(f) STRATEGY IMPLEMENTATION GRANTS AND CO-
8 OPERATIVE AGREEMENTS.—
9 ‘‘(1) IN GENERAL.—The Secretary shall use a
10 competitive, merit-review process to award grants or
11 cooperative agreements to regional technology and
12 innovation hubs for the implementation of regional
13 innovation strategies, including regional strategies
14 for infrastructure and site development, in support
15 of the regional innovation and technology and inno-
16 vation hub’s plans and programs. The Secretary
17 should determine the size and number of awards
18 based on appropriations available to ensure the suc-
19 cess of regional technology and innovation hubs as
20 outlined in subsection (h).
21 ‘‘(2) USE OF FUNDS.—Financial assistance
22 awarded under paragraph (1) to a regional tech-
23 nology and innovation hub may be used by the re-
24 gional technology and innovation hub to support any
25 of the following activities, consistent with the most
•HR 4521 EH
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1 current regional innovation strategy of the regional
2 technology and innovation hub:
3 ‘‘(A) WORKFORCE DEVELOPMENT ACTIVI-
4 TIES.—Workforce development activities, in-
5 cluding activities relating to the following:
6 ‘‘(i) The creation of partnerships be-
7 tween industry, workforce, nonprofit, and
8 educational institutions to create and align
9 technical training and educational pro-
10 grams.
11 ‘‘(ii) The design, development, and
12 updating of educational and training cur-
13 riculum tied to demonstrated regional
14 workforce needs.
15 ‘‘(iii) The procurement of facilities
16 and equipment, as required to train a tech-
17 nical workforce.
18 ‘‘(iv) The development and execution
19 of programs to rapidly award certificates
20 or credentials recognized by regional indus-
21 tries or other organizations.
22 ‘‘(v) The matching of regional employ-
23 ers with a potential new entrant, under-
24 employed, underrepresented, or incumbent
25 workforce.
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1 ‘‘(vi) The expansion of successful
2 training programs at a scale required by
3 the region served by the regional tech-
4 nology and innovation hub, including
5 through the use of online education and
6 mentoring.
7 ‘‘(vii) The development and expansion
8 of programs with the goal of increasing the
9 participation of persons historically under-
10 represented in STEM and manufacturing
11 in the workforce development plans of the
12 regional technology and innovation hub.
13 ‘‘(B) BUSINESS AND ENTREPRENEUR DE-
14 VELOPMENT ACTIVITIES.—Business and entre-
15 preneur development activities, including activi-
16 ties relating to the following:
17 ‘‘(i) The development and growth of
18 local regional businesses and the training
19 of entrepreneurs.
20 ‘‘(ii) The support of technology com-
21 mercialization, including funding for activi-
22 ties relevant for advancing high growth po-
23 tential ventures such as acceleration, incu-
24 bation, early-stage production and other
25 relevant programming.
•HR 4521 EH
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1 ‘‘(iii) The development of local and re-
2 gional capital networks and consortia to
3 attract necessary private funding to busi-
4 nesses and entrepreneurs in the region.
5 ‘‘(iv) The development of local and re-
6 gional networks for business and entre-
7 preneur mentorship.
8 ‘‘(v) The expansion of employee and
9 worker ownership and participation in
10 business decisionmaking, including through
11 coordination and collaboration with worker
12 cooperative membership associations and
13 existing local and state employee ownership
14 and cooperative development centers, or
15 the creation of such centers where they do
16 not yet exist, in order to provide informa-
17 tion, technical assistance, access to financ-
18 ing, and training to startups, contractors,
19 and businesses that are considering em-
20 ployee ownership as a model, and to facili-
21 tate the creation of and conversion to em-
22 ployee-owned startups, businesses, and co-
23 operatives.
24 ‘‘(C) TECHNOLOGY DEVELOPMENT AND
25 MATURATION ACTIVITIES.—Technology matura-
•HR 4521 EH
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1 tion activities, including activities relating to
2 the following:
3 ‘‘(i) The development and deployment
4 of technologies in sectors critical to the re-
5 gion served by the regional technology and
6 innovation hub or to national and economic
7 security, including industry-university re-
8 search cooperation, proof of concept, proto-
9 type development, testing, and scale-up for
10 manufacturing.
11 ‘‘(ii) The development of program-
12 ming to support the creation and transfer
13 of intellectual property into private use,
14 such as through startup creation.
15 ‘‘(iii) The provision of facilities for
16 technology maturation, including incuba-
17 tors and production testbeds for collabo-
18 rative development of technologies by pri-
19 vate sector, academic, nonprofit, and other
20 entities.
21 ‘‘(iv) Activities to provide or ensure
22 access to capital for new business and co-
23 operative formation and business expan-
24 sion, or preservation of existing businesses
25 through conversion to employee ownership
•HR 4521 EH
633
1 and cooperatives, including by attracting
2 new private, public, and philanthropic in-
3 vestment and by establishing local and re-
4 gional venture and loan funds, community
5 development financial institutions, and mi-
6 nority depository institutions.
7 ‘‘(D) INFRASTRUCTURE-RELATED ACTIVI-
8 TIES.—The building of facilities and site
9 connectivity infrastructure necessary to carry
10 out activities described in subparagraphs (A),
11 (B), and (C), including activities relating to the
12 following:
13 ‘‘(i) Establishing a center with re-
14 quired tools and instrumentation for work-
15 force development.
16 ‘‘(ii) Establishing a facility for tech-
17 nology development, demonstration, and
18 testing.
19 ‘‘(iii) Establishing collaborative incu-
20 bators to support technology commer-
21 cialization and entrepreneur training.
22 ‘‘(3) TERM.—
23 ‘‘(A) INITIAL PERFORMANCE PERIOD.—
24 The term of an initial grant or cooperative
25 agreement awarded under this subsection shall
•HR 4521 EH
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1 be for a period that the Secretary deems appro-
2 priate for the proposed activities but not less
3 than 2 years.
4 ‘‘(B) SUBSEQUENT PERFORMANCE PE-
5 RIOD.—The Secretary may renew a grant or co-
6 operative agreement awarded to a regional tech-
7 nology and innovation hub under paragraph (1)
8 for such period as the Secretary considers ap-
9 propriate, if the Secretary determines that the
10 regional technology and innovation hub has
11 made satisfactory progress towards the metrics
12 agreed to under subsection (j).
13 ‘‘(C) FLEXIBLE APPROACH.—In renewing
14 a grant or cooperative agreement under sub-
15 paragraph (B), the Secretary and the eligible
16 consortium may agree to new or additional uses
17 of funds in order to meet changes in the needs
18 of the region.
19 ‘‘(4) LIMITATION ON AMOUNT OF AWARDS.—
20 ‘‘(A) INITIAL PERFORMANCE PERIOD.—
21 The amount of an initial grant or cooperative
22 agreements awarded to a regional technology
23 and innovation hub under paragraph (3)(A)
24 shall be no more than $150,000,000.
•HR 4521 EH
635
1 ‘‘(B) SUBSEQUENT PERFORMANCE PE-
2 RIOD.—Upon renewal of a grant or cooperative
3 agreement under paragraph (3)(B), the Sec-
4 retary may award funding in the amount that
5 the Secretary considers appropriate, ensuring
6 that no single regional technology and innova-
7 tion hub receives more than 15 percent of the
8 aggregate amount of the grants and cooperative
9 agreements awarded under this subsection.
10 ‘‘(5) MATCHING REQUIRED.—
11 ‘‘(A) INITIAL PERFORMANCE PERIOD.—Ex-
12 cept in the case of a regional technology and in-
13 novation hub described in subparagraph (C),
14 the total amount of all grants awarded to a re-
15 gional technology and innovation hub under this
16 subsection in phase one shall not exceed 90 per-
17 cent of the total operating costs of the regional
18 technology and innovation hub during the initial
19 performance period.
20 ‘‘(B) SUBSEQUENT PERFORMANCE PE-
21 RIOD.—Except in the case of a regional tech-
22 nology and innovation hub described in sub-
23 paragraph (C), the total amount of all grants
24 awarded to a regional technology and innova-
25 tion hub in subsequent performance periods
•HR 4521 EH
636
1 shall not exceed 75 percent of the total oper-
2 ating costs of the regional technology and inno-
3 vation hub in each year of the grant or coopera-
4 tive agreement.
5 ‘‘(C) RURAL COMMUNITIES OR UNDER-
6 SERVED COMMUNITIES AND INDIAN TRIBES.—
7 ‘‘(i) IN GENERAL.—The total Federal
8 financial assistance awarded in a given
9 year to a regional technology and innova-
10 tion hub under this subsection shall not ex-
11 ceed amounts as follows:
12 ‘‘(I) In the case of a regional
13 technology and innovation hub that
14 primarily serves a rural community or
15 other underserved community, in a
16 fiscal year, 90 percent of the total
17 funding of the regional technology and
18 innovation hub in that fiscal year.
19 ‘‘(II) In the case of a regional
20 technology and innovation hub that is
21 led by a Tribal government, in a fiscal
22 year, 100 percent of the total funding
23 of the regional technology and innova-
24 tion hub in that fiscal year.
•HR 4521 EH
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1 ‘‘(ii) MINIMUM THRESHOLD OF RURAL
2 REPRESENTATION.—For purposes of
3 clause (i)(I), the Secretary shall establish a
4 minimum threshold of rural representation
5 and other underserved community rep-
6 resentation in the regional technology and
7 innovation hub.
8 ‘‘(D) IN-KIND CONTRIBUTIONS.—For pur-
9 poses of this paragraph, in-kind contributions
10 may be used for part of the non-Federal share
11 of the total funding of a regional technology
12 and innovation hub in a fiscal year.
13 ‘‘(6) GRANTS FOR INFRASTRUCTURE.—Any
14 grant or cooperative agreement awarded under this
15 subsection to support the construction of facilities
16 and site connectivity infrastructure shall be awarded
17 pursuant to section 201 of the Public Works and
18 Economic Development Act of 1965 (42 U.S.C.
19 3141) and subject to the provisions of such Act, ex-
20 cept that subsection (b) of such section and sections
21 204 and 301 of such Act (42 U.S.C. 3144; 3161)
22 shall not apply.
23 ‘‘(7) RELATION TO CERTAIN GRANT AWARDS.—
24 The Secretary shall not require a regional tech-
25 nology and innovation hub to receive a grant or co-
•HR 4521 EH
638
1 operative agreement under subsection (e) in order to
2 receive a grant or cooperative agreement under this
3 subsection.
4 ‘‘(g) APPLICATIONS.—An eligible consortium seeking
5 designation as a regional technology and innovation hub
6 under subsection (d) or a grant or cooperative agreement
7 under subsection (e) or (f) shall submit to the Secretary
8 an application therefore at such time, in such manner, and
9 containing such information as the Secretary may specify.
10 ‘‘(h) CONSIDERATIONS FOR DESIGNATION AND
11 AWARD OF STRATEGY IMPLEMENTATION GRANTS AND
12 COOPERATIVE AGREEMENTS.—In selecting an eligible
13 consortium that submitted an application under sub-
14 section (g) for designation under subsection (d) or for a
15 grant or cooperative agreement under subsection (f), the
16 Secretary shall consider the following:
17 ‘‘(1) The potential of the eligible consortium to
18 advance the research, development, deployment, and
19 domestic manufacturing of technologies in a tech-
20 nology or innovation sector critical to national and
21 economic security.
22 ‘‘(2) The likelihood of positive regional eco-
23 nomic effect, including increasing the number of
24 high wage domestic jobs, creating new economic op-
25 portunities for economically disadvantaged and
•HR 4521 EH
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1 underrepresented populations, promoting employee
2 and worker ownership, and advancing models of
3 local and cooperative economic development that
4 build and retain wealth in the region.
5 ‘‘(3) How the eligible consortium plans to inte-
6 grate with and leverage the resources of 1 or more
7 federally funded research and development centers,
8 National Laboratories, Federal laboratories, Manu-
9 facturing USA institutes, Hollings Manufacturing
10 Extension Partnership centers, or other Federal en-
11 tities.
12 ‘‘(4) How the eligible consortium will engage
13 with the private sector, including small- and me-
14 dium-sized businesses and cooperatives, and em-
15 ployee-owned businesses and cooperatives, to com-
16 mercialize new technologies and improve the resil-
17 iency and sustainability of domestic supply chains in
18 a technology or innovation sector critical to national
19 and economic security.
20 ‘‘(5) How the eligible consortium will carry out
21 workforce development and skills acquisition pro-
22 gramming, including through partnerships with enti-
23 ties that include State and local workforce develop-
24 ment boards, institutions of higher education, in-
25 cluding community colleges, historically Black col-
•HR 4521 EH
640
1 leges and universities, Tribal colleges and univer-
2 sities, and minority-serving institutions, labor orga-
3 nizations, worker cooperative membership associa-
4 tions, state or local employee ownership and coopera-
5 tive development centers, workforce development
6 programs, and other related activities authorized by
7 the Secretary, to support the development of a
8 skilled technical workforce for the regional tech-
9 nology and innovation hub.
10 ‘‘(6) How the eligible consortium will improve
11 or expand science, technology, engineering, and
12 mathematics education programs and opportunities
13 in the identified region in elementary and secondary
14 school and higher education institutions located in
15 the identified region.
16 ‘‘(7) How the eligible consortium plans to de-
17 velop partnerships with venture development organi-
18 zations, community development financial institu-
19 tions and minority depository institutions, and
20 sources of private investment in support of private
21 sector activity, including launching new or expanding
22 existing companies.
23 ‘‘(8) How the eligible consortium plans to orga-
24 nize the activities of regional partners across sectors
•HR 4521 EH
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1 in support of a regional technology and innovation
2 hub.
3 ‘‘(9) How the eligible consortium plans to pro-
4 cure as many goods, services, food, and supplies as
5 is practicable from locally-owned, employee-owned,
6 minority-owned, and women-owned businesses and
7 cooperatives in conducting hub activities, and how
8 individual consortium members, as applicable, plan
9 to do the same.
10 ‘‘(10) How the consortium plans to collaborate
11 with local and community development financial in-
12 stitutions and minority depository institutions to ex-
13 pand the supply of such procurement options, in-
14 cluding by creating business plans and plans for fi-
15 nancing businesses and cooperatives that do not yet
16 exist, and how the consortium plans to encourage
17 entities created as a result of hub activities to follow
18 such practices.
19 ‘‘(11) How the eligible consortium will ensure
20 that growth in technology, innovation, and advanced
21 manufacturing sectors produces opportunity across
22 the identified region, including for economically dis-
23 advantaged, minority, and rural populations, includ-
24 ing consideration of how the eligible consortium
•HR 4521 EH
642
1 takes into account the relevant impact of regional
2 status and plans for—
3 ‘‘(A) available affordable housing stock
4 and housing policies;
5 ‘‘(B) local and regional transportation sys-
6 tems;
7 ‘‘(C) high speed internet access; and
8 ‘‘(D) primary and secondary education.
9 ‘‘(12) How much the regions educational insti-
10 tutions are committed to aligning their activities, in-
11 cluding research and education, as appropriate, to a
12 region’s economic strengths and areas of focus.
13 ‘‘(13) The likelihood efforts served by the con-
14 sortium will be sustained once Federal support ends.
15 ‘‘(i) COORDINATION AND COLLABORATION.—
16 ‘‘(1) COORDINATION WITH REGIONAL INNOVA-
17 TION PROGRAM.—The Secretary shall ensure the ac-
18 tivities under this section do not duplicate activities
19 or efforts under section 27.
20 ‘‘(2) COORDINATION AMONG HUBS.—The Sec-
21 retary shall ensure eligible consortia that receive a
22 grant or cooperative agreement under this section
23 coordinate and share best practices for regional eco-
24 nomic development.
•HR 4521 EH
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1 ‘‘(3) COORDINATION WITH PROGRAMS OF THE
2 NATIONAL INSTITUTE OF STANDARDS AND TECH-
3 NOLOGY.—The Secretary shall coordinate the activi-
4 ties of regional technology and innovation hubs des-
5 ignated under this section, the Hollings Manufac-
6 turing Extension Partnership, and the Manufac-
7 turing USA Program, as the Secretary considers ap-
8 propriate, to maintain the effectiveness of a manu-
9 facturing extension center or a Manufacturing USA
10 institute.
11 ‘‘(4) COORDINATION WITH DEPARTMENT OF
12 ENERGY PROGRAMS.—The Secretary shall, in col-
13 laboration with the Secretary of Energy, coordinate
14 the activities and selection of regional technology
15 and innovation hubs designated under this section,
16 as the Secretaries consider appropriate, to maintain
17 the effectiveness of activities at the Department of
18 Energy and the National Laboratories.
19 ‘‘(5) INTERAGENCY COLLABORATION.—In des-
20 ignating regional technology and innovation hubs
21 under subsection (d) and awarding grants or cooper-
22 ative agreements under subsection (f), the Sec-
23 retary—
24 ‘‘(A) shall collaborate with Federal depart-
25 ments and agencies whose missions contribute
•HR 4521 EH
644
1 to the goals of the regional technology and in-
2 novation hub, and relevant interagency initia-
3 tives such as the Interagency Working Group
4 for Cooperative Development;
5 ‘‘(B) shall consult with the Director of the
6 National Science Foundation for the purpose of
7 ensuring that the regional technology and inno-
8 vation hubs are aligned with relevant science,
9 technology, and engineering expertise; and
10 ‘‘(C) may accept funds from other Federal
11 agencies to support grants, cooperative agree-
12 ments, and activities under this section.
13 ‘‘(j) PERFORMANCE MEASUREMENT, TRANS-
14 PARENCY, AND ACCOUNTABILITY.—
15 ‘‘(1) METRICS, STANDARDS, AND ASSESS-
16 MENT.—For each grant and cooperative agreement
17 awarded under subsection (f) for a regional tech-
18 nology and innovation hub, the Secretary shall—
19 ‘‘(A) in consultation with the regional tech-
20 nology and innovation hub, develop metrics,
21 which may include metrics relating to domestic
22 job creation, patent awards, increases in re-
23 search funding, business formation and expan-
24 sion, and participation of individuals or commu-
25 nities historically underrepresented in STEM,
•HR 4521 EH
645
1 to assess the effectiveness of the activities fund-
2 ed in making progress toward the purposes set
3 forth under subsection (b)(1);
4 ‘‘(B) establish standards for the perform-
5 ance of the regional technology and innovation
6 hub that are based on the metrics developed
7 under subparagraph (A); and
8 ‘‘(C) prior to any award made under a
9 subsequent performance period in subsection (f)
10 and every 2 years thereafter until Federal fi-
11 nancial assistance under this section for the re-
12 gional technology and innovation hub is discon-
13 tinued, conduct an assessment of the regional
14 technology and innovation hub to confirm
15 whether the performance of the regional tech-
16 nology and innovation hub is meeting the stand-
17 ards for performance established under sub-
18 paragraph (B) of this paragraph.
19 ‘‘(2) FINAL REPORTS BY RECIPIENTS OF
20 STRATEGY IMPLEMENTATION GRANTS AND COOPER-
21 ATIVE AGREEMENTS.—
22 ‘‘(A) IN GENERAL.—The Secretary shall
23 require each eligible consortium that receives a
24 grant or cooperative agreement under sub-
25 section (f) for activities of a regional technology
•HR 4521 EH
646
1 and innovation hub, as a condition of receipt of
2 such grant or cooperative agreement, to submit
3 to the Secretary, not later than 120 days after
4 the last day of the term of the grant or cooper-
5 ative agreement, a report on the activities of
6 the regional technology and innovation hub sup-
7 ported 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 and innovation hub using the grant
14 or cooperative agreement described in sub-
15 paragraph (A), including the following:
16 ‘‘(I) A description of each project
17 the regional technology and innovation
18 hub completed using such grant or co-
19 operative agreement.
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 and innovation hub with re-
25 spect to—
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1 ‘‘(aa) the resiliency and sus-
2 tainability of a supply 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 ‘‘(ee) entrepreneurship and
10 company formation, including the
11 number of businesses created or
12 preserved through employee own-
13 ership and cooperative develop-
14 ment;
15 ‘‘(ff) commercialization;
16 ‘‘(gg) access to private cap-
17 ital; or
18 ‘‘(hh) participation of indi-
19 viduals or communities histori-
20 cally underrepresented in STEM.
21 ‘‘(ii) A discussion of any obstacles en-
22 countered by the regional technology and
23 innovation hub in the implementation of
24 the regional technology and innovation hub
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1 and how the regional technology and inno-
2 vation hub overcame those obstacles.
3 ‘‘(iii) An evaluation of the success of
4 the projects of the regional technology and
5 innovation hub using the performance
6 standards and measures established under
7 paragraph (1), including an evaluation of
8 the planning process and how the project
9 contributes to carrying out the regional in-
10 novation strategy of the regional tech-
11 nology and innovation hub.
12 ‘‘(iv) The effectiveness of the regional
13 technology and innovation hub in ensuring
14 that, in the region of the regional tech-
15 nology and innovation hub, growth in tech-
16 nology and innovation sectors produces
17 broadly shared opportunity across the re-
18 gion, including for economic disadvantaged
19 and underrepresented populations and
20 rural areas.
21 ‘‘(v) Information regarding such other
22 matters as the Secretary may require.
23 ‘‘(3) INTERIM REPORTS BY RECIPIENTS OF
24 GRANTS AND COOPERATIVE AGREEMENTS.—In addi-
25 tion to requiring submittal of final reports under
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1 paragraph (2)(A), the Secretary may require a re-
2 gional technology and innovation hub described in
3 such paragraph to submit to the Secretary such in-
4 terim reports as the Secretary considers appropriate.
5 ‘‘(4) ANNUAL REPORTS TO CONGRESS.—Not
6 less frequently than once each year, the Secretary
7 shall submit to the appropriate committees of Con-
8 gress an annual report on the results of the assess-
9 ments conducted by the Secretary under paragraph
10 (1)(C) during the period covered by the report.
11 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There
12 is authorized to be appropriated to the Secretary—
13 ‘‘(1) $50,000,000 to award grants and coopera-
14 tive agreements under subsection (e) for the period
15 of fiscal years 2022 through 2026;
16 ‘‘(2) $2,000,000,000 to award grants and coop-
17 erative agreements under subsection (f) for the pe-
18 riod of fiscal years 2022 and 2023; and
19 ‘‘(3) $4,800,000,000 to award grants and coop-
20 erative agreements under subsection (f) for the pe-
21 riod of fiscal years 2024 through 2026.
22 ‘‘(l) ADMINISTRATION.—The Secretary may use
23 funds made available to carry out this section for adminis-
24 trative costs under this section.’’.
25 (b) INITIAL DESIGNATIONS AND AWARDS.—
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1 (1) COMPETITION REQUIRED.—Not later than 1
2 year after the date of the enactment of this section,
3 subject to the availability of appropriations, the Sec-
4 retary of Commerce shall commence a competition
5 under subsection (d)(1) of section 28 of the Steven-
6 son-Wydler Technology Innovation Act of 1980 (15
7 U.S.C. 3723) as added by subsection (a).
8 (2) DESIGNATION AND AWARD.—Not later than
9 1 year after the date of the enactment of this sec-
10 tion, if the Secretary has received at least 1 applica-
11 tion under subsection (g) of section 28 of the Ste-
12 venson-Wydler Technology Innovation Act of 1980
13 (15 U.S.C. 3723) from an eligible consortium whom
14 the Secretary considers suitable for designation
15 under subsection (d)(1) of such section, the Sec-
16 retary shall—
17 (A) designate at least 1 regional tech-
18 nology and innovation hub under subsection
19 (d)(1) of such section; and
20 (B) award a grant or cooperative agree-
21 ment under subsection (f)(1) of such section to
22 each regional technology and innovation hub
23 designated pursuant to subparagraph (A) of
24 this paragraph.
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1 SEC. 10642. REGIONAL CLEAN ENERGY INNOVATION PRO-
2 GRAM.
3 Subtitle C of title IX of the Energy Independence and
4 Security Act of 2007 is amended by adding at the end
5 the following:
6 ‘‘SEC. 936. REGIONAL CLEAN ENERGY INNOVATION PRO-
7 GRAM.
8 ‘‘(a) DEFINITIONS.—In this section:
9 ‘‘(1) REGIONAL CLEAN ENERGY INNOVATION
10 PARTNERSHIP.—The term ‘regional clean energy in-
11 novation partnership’ means a group of one or more
12 persons, including a covered consortium, who per-
13 form a collection of activities that are coordinated by
14 such covered consortium to carry out the purposes
15 of the program under subsection (c) in a region of
16 the United States.
17 ‘‘(2) COVERED CONSORTIUM.—The term ‘cov-
18 ered consortium’ means an individual or group of in-
19 dividuals in partnership with a government entity,
20 including a State, territorial, local, or tribal govern-
21 ment or unit of such government, and at least 2 or
22 more of the following additional entities—
23 ‘‘(A) an institution of higher education or
24 a consortium of institutions of higher education;
25 ‘‘(B) a workforce training provider, includ-
26 ing vocational schools and community colleges;
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1 ‘‘(C) a private sector entity;
2 ‘‘(D) a nonprofit organization;
3 ‘‘(E) a community group;
4 ‘‘(F) a labor organization;
5 ‘‘(G) a National Laboratory;
6 ‘‘(H) a venture development organization;
7 ‘‘(I) a community development financial in-
8 stitution or minority depository institution;
9 ‘‘(J) a worker cooperative membership as-
10 sociation or state or local employee ownership
11 or cooperative development center;
12 ‘‘(K) an organization focused on clean en-
13 ergy technology innovation or entrepreneurship;
14 ‘‘(L) a business accelerator or incubator;
15 ‘‘(M) a private sector entity or group of
16 entities, including a trade or industry associa-
17 tion;
18 ‘‘(N) an economic development organiza-
19 tion;
20 ‘‘(O) a manufacturing facility or organiza-
21 tion;
22 ‘‘(P) a clean energy incubator or accel-
23 erator;
24 ‘‘(Q) a multi-institutional collaboration; or
•HR 4521 EH
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1 ‘‘(R) any other entity that the Secretary
2 determines to be relevant.
3 ‘‘(3) PROGRAM.—The term ‘program’ means
4 the Regional Clean Energy Innovation Program au-
5 thorized in subsection (b).
6 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
7 The term ‘institution of higher education’ has the
8 meaning given such term in the Higher Education
9 Act of 1965, as amended (20 U.S.C. 1001).
10 ‘‘(5) NATIONAL LABORATORY.—The term ‘Na-
11 tional Laboratory’ has the meaning given that term
12 in section 2 of the Energy Policy Act of 2005 (42
13 2 U.S.C. 15801).
14 ‘‘(6) CLEAN ENERGY TECHNOLOGY.—The term
15 ‘clean energy technology’ means a technology that
16 significantly reduces energy use, increases energy ef-
17 ficiency, reduces greenhouse gas emissions, reduces
18 emissions of other pollutants, or mitigates other neg-
19 ative environmental consequences of energy produc-
20 tion, transmission or use.
21 ‘‘(b) IN GENERAL.—The Secretary shall establish a
22 Regional Clean Energy Innovation Program, a research,
23 development, demonstration, and commercial application
24 program designed to enhance the economic, environ-
25 mental, and energy security of the United States and ac-
•HR 4521 EH
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1 celerate the pace of innovation of diverse clean energy
2 technologies through the formation or support of regional
3 clean energy innovation partnerships that—
4 ‘‘(1) account for the diverse domestic energy re-
5 sources available throughout the United States;
6 ‘‘(2) are responsive to the needs of industry,
7 workforce, policy landscape, and clean energy inno-
8 vation capabilities of the region in which such part-
9 nership is located;
10 ‘‘(3) enhance and accelerate clean energy inno-
11 vation;
12 ‘‘(4) are located in diverse geographic regions of
13 the United States, including United States terri-
14 tories; and
15 ‘‘(5) maximize the opportunities for cooperation
16 between institutes of higher education, industry,
17 State and local governments, and nonprofit research
18 institutions with shared areas of energy expertise.
19 ‘‘(c) PURPOSES OF THE PROGRAM.—The purposes of
20 the Program established under subsection (b) are to—
21 ‘‘(1) improve the competitiveness of United
22 States’ clean energy technology research, develop-
23 ment, demonstration, and commercial application;
24 and
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1 ‘‘(2) support the development of tools and tech-
2 nologies best suited for use in diverse regions of the
3 United States, including in rural, tribal, and low-in-
4 come communities.
5 ‘‘(d) REGIONAL CLEAN ENERGY INNOVATION PART-
6 NERSHIPS.—
7 ‘‘(1) IN GENERAL.—The Secretary shall com-
8 petitively award grants to covered consortia to estab-
9 lish or support regional clean energy innovation
10 partnerships that achieve the purposes of the Pro-
11 gram in subsection (c).
12 ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants award-
13 ed under this subsection shall be used for activities
14 determined appropriate by the Secretary to achieve
15 the purposes of the Program in subsection (c), in-
16 cluding—
17 ‘‘(A) facilitating the commercial applica-
18 tion of clean energy products, processes, and
19 services, including through research, develop-
20 ment, demonstration, or technology transfer;
21 ‘‘(B) planning among participants of a re-
22 gional clean energy innovation partnership to
23 improve the strategic and cost-effective coordi-
24 nation of the partnership;
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656
1 ‘‘(C) improving stakeholder involvement in
2 the development of goals and activities of a re-
3 gional clean energy innovation partnership;
4 ‘‘(D) assessing different incentive mecha-
5 nisms for clean energy development and com-
6 mercial application in the region;
7 ‘‘(E) hosting events and conferences; and
8 ‘‘(F) establishing and updating roadmaps
9 to measure progress on relevant goals, such as
10 those relevant to metrics developed under sub-
11 section (g).
12 ‘‘(3) APPLICATIONS.—Each application sub-
13 mitted to the Secretary under paragraph (1) may in-
14 clude—
15 ‘‘(A) a list of members and roles of mem-
16 bers of the covered consortia, as well as any
17 other stakeholders supporting the activities of
18 the regional clean energy innovation partner-
19 ship;
20 ‘‘(B) a description of the proposed out-
21 comes of the regional clean energy innovation
22 partnership;
23 ‘‘(C) an assessment of the relevant clean
24 energy innovation assets needed in a region to
25 achieve proposed outcomes, such as education
•HR 4521 EH
657
1 and training programs, research facilities, infra-
2 structure or site development, access to capital,
3 manufacturing capabilities, or other assets;
4 ‘‘(D) a description of proposed activities
5 that the regional clean energy innovation part-
6 nership plans to undertake and how the pro-
7 posed activities will achieve the purposes de-
8 scribed in subsection (c) and the proposed out-
9 comes in subparagraph (B);
10 ‘‘(E) a description of the geographical re-
11 gion that will engage in the regional clean en-
12 ergy innovation partnership;
13 ‘‘(F) a plan for attracting additional funds
14 and identification of funding sources from non-
15 Federal sources to deliver the proposed out-
16 comes of the regional clean energy innovation
17 partnership;
18 ‘‘(G) a plan for partnering and collabo-
19 rating with community development financial
20 institutions and minority depository institu-
21 tions, labor organizations and community
22 groups, worker cooperative membership associa-
23 tions, local and state employee ownership and
24 cooperative development centers, and other local
25 institutions in order to promote employee, com-
•HR 4521 EH
658
1 munity, and public ownership in the clean en-
2 ergy sector, and advance models of local eco-
3 nomic development that build and retain wealth
4 in the region;
5 ‘‘(H) a plan for sustaining activities of the
6 regional clean energy innovation partnership
7 after funds received under this program have
8 been expended; and
9 ‘‘(I) a proposed budget, including financial
10 contributions from non-Federal sources.
11 ‘‘(4) CONSIDERATIONS.—In selecting covered
12 consortia for funding under the Program, the Sec-
13 retary shall, to the maximum extent practicable—
14 ‘‘(A) give special consideration to applica-
15 tions fromrural, tribal, and low-income commu-
16 nities; and
17 ‘‘(B) ensure that there is geographic diver-
18 sity among the covered consortia selected to re-
19 ceive funding.
20 ‘‘(5) AWARD AMOUNT.—Grants given out under
21 this Program shall be in an amount not greater than
22 $10,000,000, with the total grant award in any year
23 less than that in the previous year.
24 ‘‘(6) COST SHARE.—For grants that are dis-
25 bursed over the course of three or more years, the
•HR 4521 EH
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1 Secretary shall require, as a condition of receipt of
2 funds under this section, that a covered consortium
3 provide not less than 50 percent of the funding for
4 the activities of the regional clean energy partner-
5 ship under this section for years 3, 4, and 5.
6 ‘‘(7) DURATION.—Each grant under paragraph
7 shall be for a period of not longer than 5 years.
8 ‘‘(8) RENEWAL.—A grant awarded under this
9 section may be renewed for a period of not more
10 than 5 years, subject to a rigorous merit review
11 based on the progress of a regional clean energy in-
12 novation partnership towards achieving the purposes
13 of the program in subsection (c) and the metrics de-
14 veloped under subsection (g).
15 ‘‘(9) TERMINATION.—Consistent with the exist-
16 ing authorities of the Department, the Secretary
17 may terminate grant funding under this subsection
18 to covered consortia during the performance period
19 if the Secretary determines that the regional clean
20 energy innovation partnership is underperforming.
21 ‘‘(10) ADMINISTRATIVE COSTS.—The Secretary
22 may allow a covered consortium that receives funds
23 under this section to allocate a portion of the fund-
24 ing received to be used for administrative or indirect
25 costs.
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1 ‘‘(11) FUNDING.—The Secretary may accept
2 funds from other Federal agencies to support fund-
3 ing and activities under this section.
4 ‘‘(e) PLANNING FUNDS.—The Secretary may com-
5 petitively award grants in an amount no greater than
6 $2,000,000 for a period not longer than 2 years to an enti-
7 ty consisting of a government entity, including a State,
8 territorial, local, or tribal government or unit of such gov-
9 ernment or any entity listed under subsection (a)(2) to
10 plan a regional clean energy innovation partnership or es-
11 tablish a covered consortium for the purpose of applying
12 for funds under subsection (b).
13 ‘‘(f) INFORMATION SHARING.—As part of the pro-
14 gram, the Secretary shall support the gathering, analysis,
15 and dissemination of information on best practices for de-
16 veloping and operating successful regional clean energy in-
17 novation partnerships.
18 ‘‘(g) METRICS.—In evaluating a grant renewals
19 under subsection (d)(8), the Secretary shall work with pro-
20 gram evaluation experts to develop and make publicly
21 available metrics to assess the progress of a regional clean
22 energy innovation partnership towards achieving the pur-
23 poses of the program in subsection (c). Such metrics may
24 include—
25 ‘‘(1) the number and quality of—
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