Pandemic Darlings The pandemic economy, in original documents
Home Source documents S. 1260, United States Innovation and Competition Act of 2021

S. 1260, United States Innovation and Competition Act of 2021

Summary

Senate bill S. 1260 of the 117th Congress, 1st Session, is an Act to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, and to establish a critical supply chain resiliency program. Section 1 gives the short title, the United States Innovation and Competition Act of 2021. The table of contents lists Division A, CHIPS and O-RAN 5G Emergency Appropriations; Division B, Endless Frontier Act; and Division C, Strategic Competition Act of 2021.

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

Issuer
Congressional materials
Document type
Bills Bills 117S1260Es Bills 117S1260Es
Case
Bills Bills 117S1260Es Bills 117S1260Es

Cite this document

“S. 1260, United States Innovation and Competition Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s1260es-bills-117s1260es/, SHA-256 1f15dac5c46c152bb3265dc46c77501b2768df0260f3920e03f24f940d52262c.

Full text

117TH CONGRESS
   1ST SESSION
                    S. 1260

                    AN ACT
To establish a new Directorate for Technology and Innova-
   tion in the National Science Foundation, to establish
   a regional technology hub program, to require a strategy
   and report on economic security, science, research, inno-
   vation, manufacturing, and job creation, to establish a
   critical supply chain resiliency program, and for other
   purposes.
                                          2
1          Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3   SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

                     DIVISION B—ENDLESS FRONTIER ACT

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

                TITLE I—NSF TECHNOLOGY AND INNOVATION

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

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


       † S 1260 ES
                                   3
Sec. 2201. Chief Diversity Officer of the NSF.
Sec. 2202. Programs to address the STEM workforce.
Sec. 2203. Emerging research institution pilot program.
Sec. 2204. Personnel management authorities for the Foundation.
Sec. 2205. Advanced Technological Manufacturing Act.
Sec. 2206. Intramural emerging institutions pilot program.
Sec. 2207. Public-private partnerships.
Sec. 2208. AI Scholarship-for-Service Act.
Sec. 2209. Geographic diversity.
Sec. 2210. Rural STEM Education Act.
Sec. 2211. Quantum Network Infrastructure and Workforce Development Act.
Sec. 2212. Supporting Early-Career Researchers Act.
Sec. 2213. Advancing Precision Agriculture Capabilities Act.
Sec. 2214. Critical minerals mining research.
Sec. 2215. Caregiver policies.
Sec. 2216. Presidential awards.
Sec. 2217. Bioeconomy Research and Development Act of 2021.
Sec. 2218. Microgravity utilization policy.

                    TITLE III—RESEARCH SECURITY

Sec. 2301. National Science Foundation research security.
Sec. 2302. Research security and integrity information sharing analysis organi-
                zation.
Sec. 2303. Foreign government talent recruitment program prohibition.
Sec. 2304. Additional requirements for Directorate research security.
Sec. 2305. Protecting research from cyber theft.
Sec. 2306. International standards development.
Sec. 2307. Research funds accounting.
Sec. 2308. Plan with respect to sensitive or controlled information and back-
                ground screening.

            TITLE IV—REGIONAL INNOVATION CAPACITY

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

                       TITLE V—MISCELLANEOUS

Sec. 2501. Strategy and report on economic security, science, research, and in-
                novation to support the national security strategy.
Sec. 2502. Person or entity of concern prohibition.
Sec. 2503. Study on emerging science and technology challenges faced by the
                United States and recommendations to address them.
Sec. 2504. Report on global semiconductor shortage.
Sec. 2505. Supply chain resiliency program.
Sec. 2506. Semiconductor incentives.
Sec. 2507. Research Investment to Spark the Economy Act.
Sec. 2508. Office of Manufacturing and Industrial Innovation Policy.
Sec. 2509. Telecommunications Workforce Training Grant Program.
Sec. 2510. Country Of Origin Labeling Online Act.
Sec. 2511. Country of origin labeling for king crab and tanner crab.


  † S 1260 ES
                                    4
Sec. 2512. Internet exchanges and submarine cables.
Sec. 2513. Study of sister city partnerships operating within the United States
                involving foreign communities in countries with significant pub-
                lic sector corruption.
Sec. 2514. Prohibition on transfer, assignment, or disposition of construction
                permits and station licenses to entities subject to undue influ-
                ence by the Chinese Communist Party or the Government of
                the People’s Republic of China.
Sec. 2515. Limitation on nuclear cooperation with the People’s Republic of
                China.
Sec. 2516. Certification.
Sec. 2517. Fairness and due process in standards-setting bodies.
Sec. 2518. Shark fin sales elimination.
Sec. 2519. Sense of Congress on forced labor.
Sec. 2520. Open network architecture.
Sec. 2521. Combatting sexual harassment in science.
Sec. 2522. National Science Corps.
Sec. 2523. Annual report on foreign research.
Sec. 2524. Accelerating unmanned maritime systems research.
Sec. 2525. Foundation funding to institutions hosting or supporting Confucius
                Institutes.
Sec. 2526. Supporting documents.
Sec. 2527. BASIC Research.
Sec. 2528. Foundation for Energy Security and Innovation.

                       TITLE VI—SPACE MATTERS

                           Subtitle A—SPACE Act

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

Subtitle B—National Aeronautics and Space Administration Authorization Act

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

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

            PART II—HUMAN SPACEFLIGHT AND EXPLORATION

Sec. 2614. Competitiveness within the human landing system program.
Sec. 2615. Space launch system configurations.
Sec. 2616. Advanced spacesuits.
Sec. 2617. Acquisition of domestic space transportation and logistics resupply
                services.
Sec. 2618. Rocket engine test infrastructure.
Sec. 2619. Pearl River maintenance.
Sec. 2620. Value of International Space Station and capabilities in low-Earth
                orbit.
Sec. 2621. Extension and modification relating to International Space Station.

  † S 1260 ES
                                   5
Sec. 2622. Department of Defense activities on International Space Station.
Sec. 2623. Commercial development in low-Earth orbit.
Sec. 2624. Maintaining a national laboratory in space.
Sec. 2625. International Space Station national laboratory; property rights in
                inventions.
Sec. 2626. Data first produced during non-NASA scientific use of the ISS na-
                tional laboratory.
Sec. 2627. Payments received for commercial space-enabled production on the
                ISS.
Sec. 2628. Stepping stone approach to exploration.
Sec. 2629. Technical amendments relating to Artemis missions.

                             PART III—SCIENCE
Sec. 2631. Science priorities.
Sec. 2632. Lunar discovery program.
Sec. 2633. Search for life.
Sec. 2634. James Webb Space Telescope.
Sec. 2635. Nancy Grace Roman Space Telescope.
Sec. 2636. Study on satellite servicing for science missions.
Sec. 2637. Earth science missions and programs.
Sec. 2638. Life science and physical science research.
Sec. 2639. Science missions to Mars.
Sec. 2640. Planetary Defense Coordination Office.
Sec. 2641. Suborbital science flights.
Sec. 2642. Earth science data and observations.
Sec. 2643. Sense of Congress on small satellite science.
Sec. 2644. Sense of Congress on commercial space services.
Sec. 2645. Procedures for identifying and addressing alleged violations of sci-
                entific integrity policy.

                          PART IV—AERONAUTICS

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

                       PART V—SPACE TECHNOLOGY

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

                      PART VI—STEM ENGAGEMENT

Sec. 2661. Sense of Congress.
Sec. 2662. STEM education engagement activities.
Sec. 2663. Skilled technical education outreach program.

  † S 1260 ES
                                     6
Sec. 2664. National space grant college and fellowship program.

                PART VII—WORKFORCE AND INDUSTRIAL BASE

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

                  PART VIII—MISCELLANEOUS PROVISIONS
Sec. 2671. Contracting authority.
Sec. 2672. Authority for transaction prototype projects and follow-on produc-
                 tion contracts.
Sec. 2673. Protection of data and information from public disclosure.
Sec. 2674. Physical security modernization.
Sec. 2675. Lease of non-excess property.
Sec. 2676. Cybersecurity.
Sec. 2677. Limitation on cooperation with the People’s Republic of China.
Sec. 2678. Consideration of issues related to contracting with entities receiving
                 assistance from or affiliated with the People’s Republic of
                 China.
Sec. 2679. Small satellite launch services program.
Sec. 2680. 21st century space launch infrastructure.
Sec. 2681. Missions of national need.
Sec. 2682. Drinking water well replacement for Chincoteague, Virginia.
Sec. 2683. Passenger carrier use.
Sec. 2684. Use of commercial near-space balloons.
Sec. 2685. President’s Space Advisory Board.
Sec. 2686. Initiative on technologies for noise and emissions reductions.
Sec. 2687. Remediation of sites contaminated with trichloroethylene.
Sec. 2688. Review on preference for domestic suppliers.
Sec. 2689. Report on use of commercial spaceports licensed by the Federal
                 Aviation Administration.
Sec. 2690. Active orbital debris mitigation.
Sec. 2691. Study on commercial communications services.

        DIVISION C—STRATEGIC COMPETITION ACT OF 2021

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

          TITLE I—INVESTING IN A COMPETITIVE FUTURE

                      Subtitle A—Science and Technology

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

          Subtitle B—Global Infrastructure and Energy Development

Sec. 3111. Appropriate committees of Congress defined.

  † S 1260 ES
                                   7
Sec. 3112. Sense of Congress on international quality infrastructure investment
                standards.
Sec. 3113. United States support for infrastructure.
Sec. 3114. Infrastructure Transaction and Assistance Network.
Sec. 3115. Strategy for advanced and reliable energy infrastructure.
Sec. 3116. Report on the People’s Republic of China’s investments in foreign
                energy development.

                Subtitle C—Digital Technology and Connectivity

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

     Subtitle D—Countering Chinese Communist Party Malign Influence

Sec. 3131. Short title.
Sec. 3132. Authorization of appropriations for countering Chinese Influence
                Fund.
Sec. 3133. Findings on Chinese information warfare and malign influence oper-
                ations.
Sec. 3134. Authorization of appropriations for the Fulbright-Hays Program.
Sec. 3135. Sense of Congress condemning anti-Asian racism and discrimina-
                tion.
Sec. 3136. Supporting independent media and countering disinformation.
Sec. 3137. Global engagement center.
Sec. 3138. Review by Committee on Foreign Investment in the United States
                of certain foreign gifts to and contracts with institutions of
                higher education.
Sec. 3139. Post-employment restrictions on Senate-confirmed officials at the
                Department of State.
Sec. 3140. Sense of Congress on prioritizing nomination of qualified ambas-
                sadors to ensure proper diplomatic positioning to counter Chi-
                nese influence.
Sec. 3141. China Censorship Monitor and Action Group.

     TITLE II—INVESTING IN ALLIANCES AND PARTNERSHIPS

                 Subtitle A—Strategic and Diplomatic Matters

Sec. 3201. Appropriate committees of Congress defined.
Sec. 3202. United States commitment and support for allies and partners in
                the Indo-Pacific.
Sec. 3203. Sense of Congress on cooperation with the Quad.
Sec. 3204. Establishment of Quad Intra-Parliamentary Working Group.
Sec. 3205. Statement of policy on cooperation with ASEAN.
Sec. 3206. Sense of Congress on enhancing United States–ASEAN cooperation
                on technology issues with respect to the People’s Republic of
                China.
Sec. 3207. Report on Chinese influence in international organizations.
Sec. 3208. Regulatory exchanges with allies and partners.
Sec. 3209. Technology partnership office at the Department of State.
Sec. 3210. United States representation in standards-setting bodies.
Sec. 3211. Sense of Congress on centrality of sanctions and other restrictions
                to strategic competition with China.
Sec. 3212. Sense of Congress on negotiations with G7 and G20 countries.

  † S 1260 ES
                                    8
Sec. 3213. Enhancing the United States-Taiwan partnership.
Sec. 3214. Taiwan Fellowship Program.
Sec. 3215. Treatment of Taiwan government.
Sec. 3216. Taiwan symbols of sovereignty.
Sec. 3217. Report on origins of the COVID–19 pandemic.
Sec. 3218. Enhancement of diplomatic support and economic engagement with
                Pacific island countries.
Sec. 3219. Increasing Department of State personnel and resources devoted to
                the Indo-Pacific.
Sec. 3219A. Advancing United States leadership in the United Nations System.
Sec. 3219B. Asia Reassurance Initiative Act of 2018.
Sec. 3219C. Statement of policy on need for reciprocity in the relationship be-
                tween the United States and the People’s Republic of China.
Sec. 3219D. Opposition to provision of assistance to People’s Republic of China
                by Asian Development Bank.
Sec. 3219E. Opposition to provision of assistance to People’s Republic of China
                by International Bank for Reconstruction and Development.
Sec. 3219F. United States policy on Chinese and Russian government efforts
                to undermine the United Nations Security Council action on
                human rights.
Sec. 3219G. Deterring PRC use of force against Taiwan.
Sec. 3219H. Strategy to respond to sharp power operations targeting Taiwan.
Sec. 3219I. Study and report on bilateral efforts to address Chinese fentanyl
                trafficking.
Sec. 3219J. Investment, trade, and development in Africa and Latin America
                and the Caribbean.
Sec. 3219K. Facilitation of increased equity investments under the Better Utili-
                zation of Investments Leading to Development Act of 2018.

                  Subtitle B—International Security Matters

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



  † S 1260 ES
                                   9
Sec. 3235. Limitation on assistance to countries hosting Chinese military in-
                stallations.

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

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

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

                    PART II—TRANSATLANTIC ALLIANCE

Sec. 3255. Sense of Congress on the Transatlantic alliance.
Sec. 3256. Strategy to enhance transatlantic cooperation with respect to the
                People’s Republic of China.
Sec. 3257. Enhancing Transatlantic cooperation on promoting private sector fi-
                nance.
Sec. 3258. Report and briefing on cooperation between China and Iran and be-
                tween China and Russia.
Sec. 3259. Promoting responsible development alternatives to the belt and road
                initiative.

                   PART III—SOUTH AND CENTRAL ASIA

Sec. 3261. Sense of Congress on South and Central Asia.
Sec. 3262. Strategy to enhance cooperation with South and Central Asia.

                             PART IV—AFRICA

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

                PART V—MIDDLE EAST AND NORTH AFRICA

Sec. 3281. Strategy to counter Chinese influence in, and access to, the Middle
                East and North Africa.

  † S 1260 ES
                                   10
Sec. 3282. Sense of Congress on Middle East and North Africa engagement.

                         PART VI—ARCTIC REGION

Sec. 3285. Arctic diplomacy.

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

                TITLE III—INVESTING IN OUR VALUES

Sec. 3301. Authorization of appropriations for promotion of democracy in Hong
                Kong.
Sec. 3302. Imposition of sanctions relating to forced labor in the Xinjiang
                Uyghur Autonomous Region.
Sec. 3303. Imposition of sanctions with respect to systematic rape, coercive
                abortion, forced sterilization, or involuntary contraceptive im-
                plantation in the Xinjiang Uyghur Autonomous Region.
Sec. 3304. Report on corrupt activities of senior officials of Government of the
                People’s Republic of China.
Sec. 3305. Removal of members of the United Nations Human Rights Council
                that commit human rights abuses.
Sec. 3306. Policy with respect to Tibet.
Sec. 3307. United States policy and international engagement on the succession
                or reincarnation of the Dalai Lama and religious freedom of
                Tibetan Buddhists.
Sec. 3308. Sense of Congress on treatment of Uyghurs and other ethnic minori-
                ties in the Xinjiang Uyghur Autonomous Region.
Sec. 3309. Development and deployment of internet freedom and Great Fire-
                wall circumvention tools for the people of Hong Kong.
Sec. 3310. Enhancing transparency on international agreements and non-bind-
                ing instruments.
Sec. 3311. Authorization of appropriations for protecting human rights in the
                People’s Republic of China.
Sec. 3312. Diplomatic boycott of the XXIV Olympic Winter Games and the
                XIII Paralympic Winter Games.
Sec. 3313. Repeal of sunset applicable to authority under Global Magnitsky
                Human Rights Accountability Act.

      TITLE IV—INVESTING IN OUR ECONOMIC STATECRAFT

Sec. 3401. Findings and sense of Congress regarding the PRC’s industrial pol-
                 icy.
Sec. 3402. Intellectual property violators list.
Sec. 3403. Government of the People’s Republic of China subsidies list.
Sec. 3404. Countering foreign corrupt practices.
Sec. 3405. Debt relief for countries eligible for assistance from the Inter-
                 national Development Association.




  † S 1260 ES
                                    11
Sec. 3406. Report on manner and extent to which the Government of the Peo-
               ple’s Republic of China exploits Hong Kong to circumvent
               United States laws and protections.
Sec. 3407. Annual review on the presence of Chinese companies in United
               States capital markets.
Sec. 3408. Economic defense response teams.

              TITLE V—ENSURING STRATEGIC SECURITY

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

     DIVISION D—HOMELAND SECURITY AND GOVERNMENTAL
               AFFAIRS COMMITTEE PROVISIONS
Sec. 4001. Short title; table of contents.

 TITLE I—ENSURING DOMESTIC MANUFACTURING CAPABILITIES

                   Subtitle A—Build America, Buy America

Sec. 4101. Short title.

              PART I—BUY AMERICA SOURCING REQUIREMENTS
Sec. 4111. Findings.
Sec. 4112. Definitions.
Sec. 4113. Identification of deficient programs.
Sec. 4114. Application of Buy America preference.
Sec. 4115. OMB guidance and standards.
Sec. 4116. Technical assistance partnership and consultation supporting De-
                partment of Transportation Buy America requirements.
Sec. 4117. Application.

                          PART II—MAKE IT IN AMERICA

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

                           Subtitle B—BuyAmerican.gov

Sec. 4131. Short title.
Sec. 4132. Definitions.
Sec. 4133. Sense of Congress on buying American.
Sec. 4134. Assessment of impact of free trade agreements.
Sec. 4135. Judicious use of waivers.
Sec. 4136. Establishment of BuyAmerican.gov website.
Sec. 4137. Waiver Transparency and Streamlining for contracts.
Sec. 4138. Comptroller General report.

  † S 1260 ES
                                    12
Sec. 4139. Rules of construction.
Sec. 4140. Consistency with international agreements.
Sec. 4141. Prospective amendments to internal cross-references.

                      Subtitle C—Make PPE in America

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

         TITLE II—CYBER AND ARTIFICIAL INTELLIGENCE

                      Subtitle A—Advancing American AI

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

                  Subtitle B—Cyber Response and Recovery

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

                          TITLE III—PERSONNEL

             Subtitle A—Facilitating Federal Employee Reskilling

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

          Subtitle B—Federal Rotational Cyber Workforce Program

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

                       TITLE IV—OTHER MATTERS

        Subtitle A—Ensuring Security of Unmanned Aircraft Systems

Sec. 4401. Short title.
Sec. 4402. Definitions.
Sec. 4403. Prohibition on procurement of covered unmanned aircraft systems
                from covered foreign entities.
Sec. 4404. Prohibition on operation of covered unmanned aircraft systems from
                covered foreign entities.



  † S 1260 ES
                                    13
Sec. 4405. Prohibition on use of Federal funds for purchases and operation of
                covered unmanned aircraft systems from covered foreign enti-
                ties.
Sec. 4406. Prohibition on use of Government-issued Purchase Cards to pur-
                chase covered unmanned aircraft systems from covered foreign
                entities.
Sec. 4407. Management of existing inventories of covered unmanned aircraft
                systems from covered foreign entities.
Sec. 4408. Comptroller General report.
Sec. 4409. Government-wide policy for procurement of unmanned aircraft sys-
                tems.
Sec. 4410. Study.
Sec. 4411. Sunset.

                Subtitle B—No TikTok on Government Devices

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

                    Subtitle C—National Risk Management

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

                Subtitle D—Safeguarding American Innovation

Sec. 4491. Short title.
Sec. 4492. Definitions.
Sec. 4493. Federal Research Security Council.
Sec. 4494. Federal grant application fraud.
Sec. 4495. Restricting the acquisition of emerging technologies by certain
                aliens.
Sec. 4496. Machine readable visa documents.
Sec. 4497. Certifications regarding access to export controlled technology in
                educational and cultural exchange programs.
Sec. 4498. Privacy and confidentiality.

   DIVISION E—MEETING THE CHINA CHALLENGE ACT OF 2021

Sec. 5001. Short title; table of contents.

                     TITLE I—FINANCIAL SERVICES

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

  TITLE II—PROTECTING UNITED STATES NATIONAL SECURITY

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

Sec. 5201. Definitions.

  † S 1260 ES
                                   14
Sec. 5202. Use of sanctions authorities with respect to the People’s Republic
                of China.
Sec. 5203. Imposition of sanctions with respect to activities of the People’s Re-
                public of China undermining cybersecurity, including cyber at-
                tacks on United States Government or private sector networks.
Sec. 5204. Imposition of sanctions with respect to theft of trade secrets of
                United States persons.
Sec. 5205. Implementation; penalties.
Sec. 5206. Exceptions.

            Subtitle B—Export Control Review And Other Matters

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

                            TITLE III—REPORTS

Sec. 5301. Review of the presence of Chinese entities in United States capital
                markets.
Sec. 5302. Report on malign activity involving Chinese state-owned enterprises.
Sec. 5303. Report on use and applicability of sanctions to Chinese officials
                complicit in human rights violations and violations of United
                States sanctions with respect to Hong Kong.
Sec. 5304. Report on domestic shortfalls of industrial resources, materials, and
                critical technology items essential to the national defense.
Sec. 5305. Report on implementation of process for exchange of information be-
                tween Committee on Foreign Investment in the United States
                and allies and partners.
Sec. 5306. Report on economic and national security implications of changes to
                cross-border payment and financial messaging systems.
Sec. 5307. Report on development and utilization of dual-use technologies by
                the Government of the People’s Republic of China.
Sec. 5308. Report on currency issues with respect to the People’s Republic of
                China.
Sec. 5309. Report on exposure of the United States to the financial system of
                the People’s Republic of China.
Sec. 5310. Report on investment reciprocity between the United States and the
                People’s Republic of China.

                     DIVISION F—OTHER MATTERS

Sec. 6001. Table of contents.

  TITLE I—COMPETITIVENESS AND SECURITY FOR EDUCATION
                AND MEDICAL RESEARCH

      Subtitle A—Department of Health and Human Services Programs

Sec. 6101. Foreign talent programs.
Sec. 6102. Securing identifiable, sensitive information.
Sec. 6103. Duties of the Director.
Sec. 6104. Protecting America’s biomedical research enterprise.

  † S 1260 ES
                                   15
Sec. 6105. GAO Study.
Sec. 6106. Report on progress to address undue foreign influence.
Sec. 6107. Prohibition on funding for gain-of-function research conducted in
                China.

                Subtitle B—Elementary and Secondary Education

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

                         Subtitle C—Higher Education

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

      TITLE II—COMMITTEE ON THE JUDICIARY PROVISIONS

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

                       TITLE III—MISCELLANEOUS

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

                    DIVISION G—TRADE ACT OF 2021

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

    TITLE I—TRADING CONSISTENT WITH AMERICAN VALUES

  Subtitle A—Preventing Importation of Goods Produced by Forced Labor

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

      Subtitle B—Addressing Censorship and Barriers to Digital Trade

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

                Subtitle C—Protecting Innovators and Consumers

  † S 1260 ES
                                    16
Sec. 71021. Technical and legal support for addressing intellectual property
                rights infringement cases.
Sec. 71022. Improvement of anti-counterfeiting measures.
Sec. 71023. Reports on chicken, beef, and other meat imports.
Sec. 71024. Joint enforcement with allies with respect to importation of goods
                made with stolen intellectual property.
Sec. 71025. Sense of Congress and report on ensuring reliable supply of rare
                earth minerals.

                  Subtitle D—Ensuring a Level Playing Field

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

 TITLE II—ENSURING RESILIENCY IN CRITICAL SUPPLY CHAINS

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

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

Sec. 73001. Process for exclusion of articles from duties under section 301 of
               the Trade Act of 1974.
Sec. 73002. Enhanced congressional oversight of the United States Trade Rep-
               resentative and the Department of Commerce.
Sec. 73003. Establishment of Inspector General of the Office of the United
               States Trade Representative.
Sec. 73004. Authority of U.S. Customs and Border Protection to consolidate,
               modify, or reorganize customs revenue functions.
Sec. 73005. Protection from public disclosure of personally identifiable informa-
               tion contained in manifests.
Sec. 73006. Sense of Congress on leadership at World Trade Organization.

       TITLE IV—PROMOTING AMERICAN COMPETITIVENESS

      Subtitle A—Reauthorization and Reform of Generalized System of
                                Preferences

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

          Subtitle B—Temporary Duty Suspensions and Reductions

Sec. 74011. Reference.

            PART I—NEW DUTY SUSPENSIONS AND REDUCTIONS

  † S 1260 ES
                                 17
Sec. 74021. Shelled pine nuts.
Sec. 74022. Licorice extract.
Sec. 74023. Refined Carrageenan.
Sec. 74024. Irish dairy chocolate crumb.
Sec. 74025. Pepperoncini, preserved in vinegar.
Sec. 74026. Coconut water in PET bottles.
Sec. 74027. 9,11-Octadecadienoic acid.
Sec. 74028. Liquid galacto-oligosaccharides.
Sec. 74029. Beverage containing coconut water.
Sec. 74030. Animal feed additive containing guanidinoacetic acid.
Sec. 74031. Tungsten concentrate.
Sec. 74032. Piperylene.
Sec. 74033. Normal paraffin M (alkanes C10–C14).
Sec. 74034. Neodymium (Nd) metal.
Sec. 74035. Praseodymium (Pr) metal.
Sec. 74036. Heavy rare earth metals, dysprosium (Dy) metal and terbium (Tb)
                 metal.
Sec. 74037. Scandium crystal.
Sec. 74038. Hexafluorotitanic acid.
Sec. 74039. Silica gel cat litter with tray.
Sec. 74040. Dioxosilane spherical particles (mean particle size 0.046–0.054
                 mm).
Sec. 74041. Silica gel cat litter.
Sec. 74042. Sulfuryl dichloride.
Sec. 74043. FS-10D acicular electroconductive tin oxide.
Sec. 74044. Certain potassium fluoride.
Sec. 74045. Other potassium fluoride.
Sec. 74046. LiPF6.
Sec. 74047. LiPO2F2.
Sec. 74048. Ammonium fluoroborate.
Sec. 74049. Sodium tetrafluoroborate.
Sec. 74050. Ferric chloride.
Sec. 74051. Ferrous chloride.
Sec. 74052. Cupric chloride dihydrate.
Sec. 74053. Copper chloride anhydrous.
Sec. 74054. Manganese chloride anhydrous.
Sec. 74055. Manganese chloride tetrahydrate.
Sec. 74056. Reducing agent.
Sec. 74057. Manganese carbonate.
Sec. 74058. Potassium tetraborate.
Sec. 74059. Potassium pentaborate.
Sec. 74060. Ammonium thiocyanate.
Sec. 74061. Modified amine complex of boron trifluoride.
Sec. 74062. Trichlorosilane.
Sec. 74063. 1,3-Dichloropropene.
Sec. 74064. Hexafluoroisobutylene (HFIB).
Sec. 74065. 1,1,1,2,2,3,3,4,4,5,5,6,6-Tridecafluoro-8-iodooctane.
Sec. 74066. Ethyl benzyl chloride.
Sec. 74067. Perfluoroalkyl sulfonate.
Sec. 74068. D-Mannitol.
Sec. 74069. 3,3,4,4,5,5,6,6,7,7,8,8,8-Tridecafluorooctan-1-ol.
Sec. 74070. Phenyl isopropanol.
Sec. 74071. Hydroxytyrosol.
Sec. 74072. 1,6-Dihydroxynaphthalene.
Sec. 74073. Antioxidant for plastics and rubber.

  † S 1260 ES
                                  18
Sec. 74074. Toluhydroquinone (THQ).
Sec. 74075. 1,1,1-Tris(4-hydroxyphenyl)ethane.
Sec. 74076. mPEG6-mesylate.
Sec. 74077. Monoethylene glycol dimethyl ether.
Sec. 74078. Diethylene glycol dimethyl ether.
Sec. 74079. Diethylene glycol dibutyl ether.
Sec. 74080. Tetraethylene glycol dimethyl ether.
Sec. 74081. Glycol diether.
Sec. 74082. Diglycidyl resorcinol ether.
Sec. 74083. Allyl glycidyl ether.
Sec. 74084. Vinylcyclohexane monoxide.
Sec. 74085. Technical grade of butyl glycidyl ether.
Sec. 74086. Aliphatic glycidyl ether.
Sec. 74087. Diglycidyl ether of 1,4-butanediol.
Sec. 74088. Technical grade of the glycidyl ether of cyclohexane dimethanol.
Sec. 74089. Glycidyl ester of neodecanoic acid.
Sec. 74090. Cumaldehyde.
Sec. 74091. Cyprinal.
Sec. 74092. Sodium o-formylbenzenesulfonate.
Sec. 74093. Acetylacetone.
Sec. 74094. Acetyl propionyl.
Sec. 74095. Alpha ionone.
Sec. 74096. 2,3,4,5 Tetramethylcyclopent-2-enone.
Sec. 74097. Menthone.
Sec. 74098. L-Carvone.
Sec. 74099. Benzoin.
Sec. 74100. Methyl cyclopentenolone.
Sec. 74101. 2,4-Dihydroxy-1,5-dibenzoylbenzene.
Sec. 74102. Difluorobenzophenone (DFBP).
Sec. 74103. PTMI.
Sec. 74104. Metrafenone.
Sec. 74105. Hexachloroacetone.
Sec. 74106. Fire suppression agent.
Sec. 74107. D(+)-10-Camphor sulfonic acid.
Sec. 74108. Benzyl acetate.
Sec. 74109. Propylene glycol diacetate.
Sec. 74110. Isopropenyl acetate.
Sec. 74111. Diacetin.
Sec. 74112. Cocoamine.
Sec. 74113. Caprylic acid 98%.
Sec. 74114. Fine zinc myristate powder.
Sec. 74115. Fine magnesium myristate powder.
Sec. 74116. Dipentaerythrityl hexahydroxystearate/hexastearate/hexarosinate.
Sec. 74117. Polyglyceryl-2 triisostearate.
Sec. 74118. Neopentyl glycol diethylhexanoate.
Sec. 74119. Isononyl isononate.
Sec. 74120. Acetyl chloride.
Sec. 74121. Potassium sorbate.
Sec. 74122. Vinyl chloroformate.
Sec. 74123. Permethrin.
Sec. 74124. Sodium benzoate.
Sec. 74125. Benzoic acid, flake.
Sec. 74126. Diethylene glycol dibenzoate.
Sec. 74127. Methyl benzoate.
Sec. 74128. M-Nitrobenzoic acid sodium salt.

  † S 1260 ES
                                19
Sec. 74129. p-Nitrobenzoic acid.
Sec. 74130. 4-tert Butylbenzoic acid.
Sec. 74131. Sodium adipate.
Sec. 74132. Dimethyl sebacate (DMS).
Sec. 74133. Dodecanedioic acid.
Sec. 74134. Polyhydroxystearic acid of low acid value.
Sec. 74135. Undecanedioic acid.
Sec. 74136. Hexadecanedioic acid.
Sec. 74137. Tetradecanedioic acid.
Sec. 74138. Pentadecanedioic acid.
Sec. 74139. Tridecanedioic acid.
Sec. 74140. Methyl 1-(methoxycarbonyl)cyclopropanecarboxylate (CPDM).
Sec. 74141. Calcium HHPA.
Sec. 74142. Diethyl phthalate.
Sec. 74143. Ammonium lactate.
Sec. 74144. Triethyl 2-hydroxypropane-1,2,3-tricarboxylate.
Sec. 74145. Diisostearyl malate.
Sec. 74146. Salicylic acid.
Sec. 74147. Hexyl salicylate.
Sec. 74148. Alpha-ketogluteric acid.
Sec. 74149. MCPB herbicide.
Sec. 74150. 2,4-D Butoxyethylester.
Sec. 74151. 2-(2,4-Dichlorophenoxy)acetic acid.
Sec. 74152. Diglycolic acid 98%.
Sec. 74153. Tri-iso-butyl phosphate (TiBP).
Sec. 74154. Trimethylphosphite.
Sec. 74155. Organic phosphite.
Sec. 74156. Diethyl sulfate.
Sec. 74157. Diethyl carbonate.
Sec. 74158. Ethyl methyl carbonate.
Sec. 74159. Tetradecoxycarbonyloxy tetradecyl carbonate.
Sec. 74160. Dicetyl peroxydicarbonate.
Sec. 74161. Tetraethyl silicate.
Sec. 74162. tert-Octylamine.
Sec. 74163. Octadecylamine.
Sec. 74164. N′-(3-Aminopropyl)-N′-dodecylpropane-1,3-diamine.
Sec. 74165. 1,10-Diaminodecane.
Sec. 74166. 1,5-Pentanediamine.
Sec. 74167. Dicyclohexylamine.
Sec. 74168. Amantadine hydrochloride 99%.
Sec. 74169. N,N-Dimethylaniline.
Sec. 74170. Paranitroaniline (PNA).
Sec. 74171. Dicloran.
Sec. 74172. N,N-Dimethyl-p-toluidine.
Sec. 74173. Pendimethalin technical.
Sec. 74174. Benzyldimethylamine.
Sec. 74175. Diphenyl diphenylene diamine.
Sec. 74176. Curative for epoxy resin systems.
Sec. 74177. TFMB.
Sec. 74178. S-N-Alkyl-anilin.
Sec. 74179. p-Cresidine.
Sec. 74180. Iminodiacetic acid.
Sec. 74181. 11 Aminoundecanoic acid.
Sec. 74182. L-Orinithine L-aspartate.
Sec. 74183. Iron sodium DTPA.

  † S 1260 ES
                                20
Sec. 74184. Iron glycinate complex.
Sec. 74185. Copper glycinate complex.
Sec. 74186. Zinc glycinate complex.
Sec. 74187. Manganese glycinate complex.
Sec. 74188. Iron sodium EDDHA.
Sec. 74189. DMF-DMA.
Sec. 74190. Mixtures of DMSO and tetrabutyl ammonium fluoride.
Sec. 74191. Betaine.
Sec. 74192. Prolonium chloride in aqueous solution.
Sec. 74193. N,N-Dimethylacetamide.
Sec. 74194. N,N-Dimethylformamide.
Sec. 74195. DAAM.
Sec. 74196. L-Alanyl L-glutamine.
Sec. 74197. Granular acrylamido-tert-butyl sulfonic acid (ATBS).
Sec. 74198. Glycyl-L-glutamine hydrate.
Sec. 74199. Noviflumuron.
Sec. 74200. Propanil technical.
Sec. 74201. Hexaflumuron.
Sec. 74202. Stabilizer for plastics and rubber.
Sec. 74203. 2-Amino-5-chloro-N,3-dimethylbenzamide.
Sec. 74204. Glycyl-L-tyrosine dihydrate.
Sec. 74205. L-Alanyl-L-tyrosine.
Sec. 74206. Enzalutamide ITS-2.
Sec. 74207. 4-Bromo-2-fluoro-N-methylbenzamide.
Sec. 74208. N-Boc-1-aminocyclobutanecarboxylic acid.
Sec. 74209. N′-(1,3-dimethylbutylidene)-3-hydroxy-2-naphthohydrazide (BMH)
                (oil treated).
Sec. 74210. Guanidine sulfamate.
Sec. 74211. Liquid, blocked cycloaliphatic diamine used as crosslinker for
                polyisocyanate resins.
Sec. 74212. 3,4-Difluorobenzonitrile.
Sec. 74213. 2-Amino-5-cyano-N,3-dimethylbenzamide.
Sec. 74214. TFMPA.
Sec. 74215. Dimethyl 2,2′-Azobisisobutyrate.
Sec. 74216. Antioxidant/metal deactivator.
Sec. 74217. Benzyl carbazate.
Sec. 74218. Benzene-1,3-dicarbohydrazide.
Sec. 74219. Input for resins, coatings, and other products.
Sec. 74220. Aldicarb.
Sec. 74221. Flubendiamide.
Sec. 74222. Benzobicyclon.
Sec. 74223. Diphenylsulfone (DPS).
Sec. 74224. Phenolic antioxidant.
Sec. 74225. Phenolic antioxidant and heat stabilizer.
Sec. 74226. Phenylchlorothioformate (PTCFM).
Sec. 74227. Methylene bis thiocyanate.
Sec. 74228. Oxamyl.
Sec. 74229. L-Cystine.
Sec. 74230. L-Cysteine.
Sec. 74231. N,N′-Bis-L-alanyl-L-cystine.
Sec. 74232. Lubricant additive.
Sec. 74233. Sodium benzenesulfinate.
Sec. 74234. Thio-ether based co-stabilizer for plastics.
Sec. 74235. L-Cysteine hydrate hydrochloride.
Sec. 74236. Dimercaprol.

  † S 1260 ES
                                   21
Sec. 74237. Monoammonium salt of glyphosate.
Sec. 74238. THPC.
Sec. 74239. Flame retardant for textiles.
Sec. 74240. Glyphosate.
Sec. 74241. Ethephon.
Sec. 74242. Benzene phosphinic acid.
Sec. 74243. HEDP.
Sec. 74244. Trimethylchlorosilane.
Sec. 74245. Chloro-(chloromethyl)-dimethylsilane.
Sec. 74246. Silicone for electronics cleaners.
Sec. 74247. Silicon carrier fluid for active lotions, creams.
Sec. 74248. Vinyltrimethoxysilane.
Sec. 74249. n-Octyltriethoxysilane.
Sec. 74250. Dimethylbis(s-butylamino)silane.
Sec. 74251. Aqueous solution of potassium methyl siliconate.
Sec. 74252. Octyltrimethoxysilane.
Sec. 74253. Octlytriethoxysilane.
Sec. 74254. Amino-propyl-triethoxysilane.
Sec. 74255. Methyltris(sec-butylamino)silane.
Sec. 74256. Methyltris(methylethylketoximino)silane (MOS).
Sec. 74257. Heptamethyltrisiloxane.
Sec. 74258. Tetramethyldisiloxane.
Sec. 74259. Dimethylchlorosilane.
Sec. 74260. Dichloromethylsilane.
Sec. 74261. Tris(TFP)-methylcyclo-trisiloxane DR.
Sec. 74262. Tetravinyltetramethylcyclotetrasiloxane.
Sec. 74263. Divinyltetramethyldisiloxane.
Sec. 74264. Input for plant protection agent.
Sec. 74265. Strawberry furanone.
Sec. 74266. Emamectin benzoate.
Sec. 74267. Gibberellic acid.
Sec. 74268. Rose oxide.
Sec. 74269. Vinylene carbonate.
Sec. 74270. Kasugamycin technical.
Sec. 74271. 2H-Cyclododeca[b]pyran.
Sec. 74272. Bixafen.
Sec. 74273. Fluxapyroxad.
Sec. 74274. 3,5 Dimethylpyrazole.
Sec. 74275. Pyraclonil.
Sec. 74276. Imidazolidinyl urea.
Sec. 74277. Allantoin.
Sec. 74278. Emulsifiable concentrate of Imazalil fungicide.
Sec. 74279. Technical cyazofamid fungicide.
Sec. 74280. Imazalil sulfate.
Sec. 74281. 1,2-Dimethylimidazole.
Sec. 74282. 2-Methylimidazole flakes.
Sec. 74283. Diazolidinyl urea.
Sec. 74284. 1-(2-Aminoethyl)imidazolidin-2-one (AEEU).
Sec. 74285. Zinc pyrithione.
Sec. 74286. Technical Pyriofenone fungicide.
Sec. 74287. Picoxystrobin.
Sec. 74288. Triclopyr BEE.
Sec. 74289. Imazapyr.
Sec. 74290. Tetraniliprole.
Sec. 74291. Cyantraniliprole.

  † S 1260 ES
                                   22
Sec. 74292. Chlorantraniliprole.
Sec. 74293. Chlorpyrifos.
Sec. 74294. Technical Cyclaniliprole insecticide.
Sec. 74295. Regorafenib.
Sec. 74296. N-Butyl-TAD.
Sec. 74297. Hindered amine light stabilizer and phenolic antioxidant.
Sec. 74298. 4-Hydroxy-TEMPO.
Sec. 74299. 2,2,6,6-tetramethylpiperidin-4-ol (TMP).
Sec. 74300. 5-Bromo-2-(3-chloropyridin-2-yl)pyrazole-3-carboxylic acid.
Sec. 74301. 2-Chloro-5-(trifluoromethyl)pyridine.
Sec. 74302. Picarbutrox.
Sec. 74303. 5-amino-3-(trifluromethyl) picolinonitrile (T3630).
Sec. 74304. Dextromethorphan hydrobromide.
Sec. 74305. Ipflufenoquin.
Sec. 74306. THQ.
Sec. 74307. Pyrithiobac sodium.
Sec. 74308. Larotrectinib sulfate.
Sec. 74309. Ibrutinib.
Sec. 74310. Orthosulfamuron.
Sec. 74311. 5-Bromopyrimidine.
Sec. 74312. Butylthion.
Sec. 74313. P-1062.
Sec. 74314. Carfentrazone Technical.
Sec. 74315. UV absorber 928.
Sec. 74316. UV absorber for industrial coatings.
Sec. 74317. Uniconazole-P.
Sec. 74318. VcMMAE.
Sec. 74319. UVA 360.
Sec. 74320. Trofinetide.
Sec. 74321. Flurazole.
Sec. 74322. Oxathiapiprolin.
Sec. 74323. Certain antimicrobial.
Sec. 74324. Rubber accelerator.
Sec. 74325. 2-Amino benzothiazole.
Sec. 74326. Technical Isofetamid fungicide.
Sec. 74327. Clomazone Technical.
Sec. 74328. NEM salt.
Sec. 74329. AMTC wet cake.
Sec. 74330. Photoinitiator 369.
Sec. 74331. Isatoic anhydride.
Sec. 74332. Oclacitinib maleate.
Sec. 74333. Thiencarbazone-methyl.
Sec. 74334. Penoxsulam technical herbicide.
Sec. 74335. Ethyl 2-sulfamoylbenzoate.
Sec. 74336. Sulfosulfuron.
Sec. 74337. Pyrimisulfan.
Sec. 74338. Purified steviol glycoside, rebaudioside A.
Sec. 74339. Glucosylated steviol glycosides.
Sec. 74340. Hydroxypropyl gamma cyclodextrin.
Sec. 74341. Hydroxypropylated beta cyclodextrin.
Sec. 74342. Methyl beta cyclodextrin.
Sec. 74343. 2′-Fucosyllactose.
Sec. 74344. Ascorbyl glucoside.
Sec. 74345. Dimethylamine borane (DMAB).
Sec. 74346. Elderberry extract concentrate.

  † S 1260 ES
                                 23
Sec. 74347. Disperse Yellow 241.
Sec. 74348. Disperse Orange.
Sec. 74349. Mixtures of Disperse Yellow FD11843 and acetic acid.
Sec. 74350. Disperse Blue 54.
Sec. 74351. Mixtures of several disperse dyes.
Sec. 74352. Mixtures of 4 disperse blue dyes.
Sec. 74353. Mixtures of 4 dyes.
Sec. 74354. Disperse Red 86.
Sec. 74355. Disperse Violet 1.
Sec. 74356. Disperse Blue 60.
Sec. 74357. Mixtures of Disperse Orange 29, Disperse Red 167:1, and Disperse
                Blue 56.
Sec. 74358. Disperse Yellow 54.
Sec. 74359. Acid Violet 48.
Sec. 74360. Acid Blue 280.
Sec. 74361. Acid Brown 282.
Sec. 74362. Acid Red 131.
Sec. 74363. Acid Red 249.
Sec. 74364. Acid Yellow 236.
Sec. 74365. Acid Red 407.
Sec. 74366. Acid Yellow 220.
Sec. 74367. Acid Yellow 232.
Sec. 74368. Acid Yellow 235.
Sec. 74369. Acid Yellow 151.
Sec. 74370. Acid Violet 43.
Sec. 74371. Acid Red 33.
Sec. 74372. Acid Black 52.
Sec. 74373. Acid Black 2.
Sec. 74374. Acid Green 25.
Sec. 74375. Basic Brown 23.
Sec. 74376. Basic Violet 11:1 rhodamine dye.
Sec. 74377. Basic Yellow 37.
Sec. 74378. Basic Violet 3.
Sec. 74379. Direct Orange 118.
Sec. 74380. Direct Blue 86.
Sec. 74381. Direct Blue 199.
Sec. 74382. Direct Black 168.
Sec. 74383. Direct Red 227.
Sec. 74384. Direct Yellow 107.
Sec. 74385. Direct Green 26.
Sec. 74386. Direct Yellow 11.
Sec. 74387. Direct Orange 15.
Sec. 74388. Direct Brown 44.
Sec. 74389. Direct Red 81.
Sec. 74390. Direct Yellow 142.
Sec. 74391. Direct Red 80.
Sec. 74392. Direct Red 16.
Sec. 74393. Direct Red 254.
Sec. 74394. Colorant.
Sec. 74395. Direct Yellow 34.
Sec. 74396. Vat Orange 2 dye powder.
Sec. 74397. Vat Violet 13 dye.
Sec. 74398. Vat Brown 3 dye.
Sec. 74399. Vat Red 10 dye powder.
Sec. 74400. Vat Brown 57 dye.

  † S 1260 ES
                                24
Sec. 74401. Vat Red 31 dye powder.
Sec. 74402. Dye mixtures of Vat Brown 3 and Vat Black 27.
Sec. 74403. Vat Red 13.
Sec. 74404. Vat Yellow 2 dye powder.
Sec. 74405. Vat Yellow 33 dye.
Sec. 74406. Vat Green 1 dye.
Sec. 74407. Vat Green 3.
Sec. 74408. Vat Blue 6 dye.
Sec. 74409. Vat Blue 20 dye.
Sec. 74410. Vat Violet 1.
Sec. 74411. Vat Brown 1 dye.
Sec. 74412. Vat Black 16 dye.
Sec. 74413. Vat Black 25.
Sec. 74414. Vat Black 27.
Sec. 74415. Reactive Yellow 145.
Sec. 74416. Reactive Red 195.
Sec. 74417. Reactive Blue 49.
Sec. 74418. Reactive Blue 72.
Sec. 74419. Reactive Yellow 95 powder.
Sec. 74420. Reactive Red 245.
Sec. 74421. Reactive Brown 11.
Sec. 74422. Mixtures of Reactive Black 5 (Na) (FKP), Reactive Scarlet F01–
                0439, and Reactive Orange 131.
Sec. 74423. Reactive Yellow F98–0159.
Sec. 74424. Dye mixtures of Reactive Orange 131 and Reactive Scarlet F07–
                0522.
Sec. 74425. Reactive Black 31.
Sec. 74426. Reactive Red 120.
Sec. 74427. Reactive Blue 5.
Sec. 74428. Reactive Orange 13.
Sec. 74429. Reactive Orange 12.
Sec. 74430. Pigment Red 177.
Sec. 74431. Pigment Yellow 110.
Sec. 74432. Pigment Yellow 147.
Sec. 74433. Pigment Orange 64.
Sec. 74434. Pigment Blue 29.
Sec. 74435. Pigment Violet 15.
Sec. 74436. Pigment Blue 14.
Sec. 74437. Solvent Blue 97.
Sec. 74438. Solvent Green 5.
Sec. 74439. Solvent Yellow 98.
Sec. 74440. Solvent Green 7.
Sec. 74441. Solvent Red 195.
Sec. 74442. Solvent Orange 115.
Sec. 74443. Specialty dyes.
Sec. 74444. Solvent Green 3.
Sec. 74445. Solvent Blue 36.
Sec. 74446. Mixtures of Solvent Green 3.
Sec. 74447. Solvent Red 52.
Sec. 74448. Solvent Red 149.
Sec. 74449. Solvent Red 207.
Sec. 74450. Solvent Violet 14.
Sec. 74451. Solvent Yellow 179.
Sec. 74452. Solvent Yellow 131.
Sec. 74453. Hogen Blue XB-20.

  † S 1260 ES
                                25
Sec. 74454. Solvent Yellow 104.
Sec. 74455. Combination of Fluorescent Brighteners 367 and 371.
Sec. 74456. Fluorescent Brightener CBS-X.
Sec. 74457. Optical Brightener SWN.
Sec. 74458. C.I. Fluorescent Brightener 199:1.
Sec. 74459. Fluorescent Brightener 368.
Sec. 74460. 1,4-Bis(2-cyanostyryl)benzene.
Sec. 74461. Certain manufacturing inputs.
Sec. 74462. Cerium sulfide pigments.
Sec. 74463. Matte pearlescent pigments.
Sec. 74464. Angle-dependent interference pigments.
Sec. 74465. Inorganic Lumilux.
Sec. 74466. Ribbon/Matrix Resin.
Sec. 74467. Bonding agent 2005.
Sec. 74468. Fluoropolymer resin.
Sec. 74469. Zirconium 12 paint drier.
Sec. 74470. Zirconium 24 paint drier.
Sec. 74471. Drier accelerators.
Sec. 74472. Lemon oil.
Sec. 74473. Sulfonic acids, C14–17-sec-alkane, sodium salt.
Sec. 74474. Potassium ethyl octylphosphonate.
Sec. 74475. Intermediate in the production of industrial lubricants.
Sec. 74476. Polyether dispersant.
Sec. 74477. D-Glucopyranose.
Sec. 74478. 2-Dodecoxy-6-(hydroxymethyl)oxane-3,4,5-triol.
Sec. 74479. Mixtures of certain C12–14-alkyl ethers.
Sec. 74480. Manufacturing chemical.
Sec. 74481. Nonionic surfactant.
Sec. 74482. Chemical used in textile manufacturing.
Sec. 74483. Ethoxylated tristyrylphenol phosphate potassium salt.
Sec. 74484. Sodium polycarboxylate, aqueous solution.
Sec. 74485. Aqueous emulsion of a mixture of amine soaps and miscellaneous
                other additives.
Sec. 74486. Aqueous dispersion of a mixture of fatty amine and amide soaps
                and miscellaneous other additives.
Sec. 74487. Aqueous dispersion of a mixture of fatty amine and amide soaps
                and miscellaneous other additives.
Sec. 74488. Photographic gelatin.
Sec. 74489. Ice fountains (class 1.4G).
Sec. 74490. Magic candles containing magnesium powder.
Sec. 74491. Party snappers (Class 1.4G).
Sec. 74492. Fenpyroximate 5SC.
Sec. 74493. Pyrifluquinazon 20SC.
Sec. 74494. Imidacloprid and Muscalure formulations.
Sec. 74495. Formulations of acephate and bifenthrin.
Sec. 74496. Fipronil.
Sec. 74497. Aluminum phosphide.
Sec. 74498. Magnaphos formulations.
Sec. 74499. Formulated oxamyl.
Sec. 74500. Formulated fungicides.
Sec. 74501. Certain fungicides.
Sec. 74502. Prothioconazole, Fluopyram, and Trifloxystrobin fungicides.
Sec. 74503. Prothioconazole, Metalaxyl, and Tebuconazole fungicides.
Sec. 74504. Mancozeb and Chlorothalonil formulations.
Sec. 74505. Mixtures of Picarbutrox and application adjuvants.

  † S 1260 ES
                                   26
Sec. 74506. Mixtures of Tetraconazole and application adjuvants.
Sec. 74507. Mancozeb and Azoxystrobin formulations.
Sec. 74508. Mixtures of Cymoxanil and fumed dioxosilane.
Sec. 74509. Microthiol formulations.
Sec. 74510. Formulations of thiencarbazone-methyl, Iodosulfuron-methyl-so-
                dium, and dicamba.
Sec. 74511. Thiencarbazone-methyl, Isoxadifenethyl, and Tembotrione herbi-
                cides.
Sec. 74512. Herbicides used on grasses.
Sec. 74513. Thiencarbazone-methyl, Isoxaflutole, and Cyprosulfamide herbi-
                cides.
Sec. 74514. Thiencarbazone-methyl and Iodosulfuron-methylsodium herbicides.
Sec. 74515. Thiencarbazone-methyl and Mefenpyr-diethyl herbicides.
Sec. 74516. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 74517. Tribenuron-methyl formulations.
Sec. 74518. Chlorsulfuron and metsulfuron-methyl formulations.
Sec. 74519. Thifensulfuron-methyl and Fluroxypyr formulations.
Sec. 74520. Aciflurofen formulations.
Sec. 74521. S-Metolachlor and Mestrione herbicides.
Sec. 74522. Metribuzin formulations.
Sec. 74523. Pendimethaline and Metribuzine formulations.
Sec. 74524. Formulations of S-Metolachlor and Metribuzin.
Sec. 74525. Thifensulfuron-methyl and Tribenuron-methyl formulations.
Sec. 74526. Metsulfuron-methyl formulations.
Sec. 74527. Chlorimuron-ethyl formulations.
Sec. 74528. Mixtures of Bromoxynil octanoate and Bromoxynil heptanoate.
Sec. 74529. Sulfometuron-methyl and Metsulfuron-methyl formulations.
Sec. 74530. Chlorimuron-ethyl and Tribenuron-methyl formulations.
Sec. 74531. Formulations containing Tiafenacil.
Sec. 74532. Diuron 80.
Sec. 74533. Flazasulfuron herbicides.
Sec. 74534. Thifensulfuron-methyl formulations.
Sec. 74535. Herbicide for farm and ranch use.
Sec. 74536. Propanil formulations.
Sec. 74537. Thifensulfuron formulations.
Sec. 74538. Tolpyralate and Nicosulfuron herbicides.
Sec. 74539. Mixtures of magnesium salts and application adjuvants.
Sec. 74540. Nisin formulations.
Sec. 74541. Certain fixatives.
Sec. 74542. Fuel oil additives: cold flow improvers containing poly(ethylene-co-
                ethenyl acetate).
Sec. 74543. Fuel oil additives: cold flow improvers containing fumarate vinyl
                acetate co-polymer.
Sec. 74544. Crude oil additives: cold flow improvers containing fumarate vinyl
                acetate copolymer.
Sec. 74545. Pour point depressants.
Sec. 74546. Fuel oil additives: cold flow improvers containing poly (ethylene-co-
                ethenyl acetate and vinyl 2-ethyl hexanoate).
Sec. 74547. Poly(isobutylene) hydroformylation products.
Sec. 74548. Input for rubber products.
Sec. 74549. Mixtures of oligomers as general antioxidants for rubber tires.
Sec. 74550. Benzene, 2,4-diisocyanato-1,3,5-tris(1-methylethyl)-, homopolymer.
Sec. 74551. Aromatic amine antioxidants.
Sec. 74552. Antioxidant blends.
Sec. 74553. Antioxidant blends to protect polymers.

  † S 1260 ES
                                  27
Sec. 74554. Synthetic hydrotalcite coated with fatty acid and magnesium stea-
                 rate.
Sec. 74555. Silica scorch retarders and polymerization inhibitors.
Sec. 74556. Synthetic hydrotalcite.
Sec. 74557. Light stabilizers for construction products.
Sec. 74558. Light stabilizer for plastics.
Sec. 74559. Preparations of bis(2,4-dichlorobenzoyl) peroxide 50 percent paste.
Sec. 74560. Distilled tall oils.
Sec. 74561. Pyridine, alkyl derivatives.
Sec. 74562. Polyisocyanate crosslinking agents.
Sec. 74563. Bonding agent mixtures.
Sec. 74564. Liquid, chemically modified amine complex of boron trifluoride.
Sec. 74565. Phthalocyanine derivative.
Sec. 74566. Mixtures of Cocamidopropyl betaine, glycol distearate, Laureth-4,
                 and water.
Sec. 74567. Mixtures of tall oil mono-, di-, and triglycerides.
Sec. 74568. Tallow-bis(2-hydroxyethyl) amines.
Sec. 74569. Additive mixtures for metalworking fluids.
Sec. 74570. Naphthenic acids.
Sec. 74571. Hydroxytyrosol powders.
Sec. 74572. Secondary alcohol ethoxylates.
Sec. 74573. Ethylene glycol dimerate.
Sec. 74574. Two-part liquid silicone kits.
Sec. 74575. Hydrophobic precipitated silica.
Sec. 74576. Silane, trimethoxyoctyl-, hydrolysis products.
Sec. 74577. 1,1,1-Trimethyl-N-(trimethylsilyl)silanamine hydrolysis products.
Sec. 74578. Waterborne epoxy curing agents.
Sec. 74579. Preparations based on 1-phenylicosane-1,3-dione.
Sec. 74580. Mixtures of 2-Mercaptopropionic acid, methyl ester, O-ethyl
                 dithiocarbonate.
Sec. 74581. Epoxy curing agents.
Sec. 74582. Aliphatic amine curing agents.
Sec. 74583. Non-halogenated flame retardants.
Sec. 74584. Ligaphob N 90.
Sec. 74585. Organomodified siloxane.
Sec. 74586. Methyl palmitate-stearate, hydrogenated.
Sec. 74587. Olfine E1010.
Sec. 74588. Certain non-halogenated flame retardants.
Sec. 74589. Flame retardants.
Sec. 74590. Preparations based on acetyl hexapeptide-8 and pentapeptide-18.
Sec. 74591. Lithium silicon oxide.
Sec. 74592. Branched olefin from propylene polymerization.
Sec. 74593. Polypropylene pellets.
Sec. 74594. Propylene-ethylene copolymer.
Sec. 74595. Ethylene-propylene copolymers.
Sec. 74596. Benzene alkylated with polypropylene.
Sec. 74597. Chlorinated polyolefin.
Sec. 74598. Adsorbent resin.
Sec. 74599. Vinyl chloride-hydroxypropyl acrylate copolymer.
Sec. 74600. Vinyl chloride ethylene copolymer with hydrophic properties.
Sec. 74601. Fluids with boiling points above 170 °C.
Sec. 74602. Formulations of functionalized perfluoropolyether.
Sec. 74603. Perfluoropolyether-urethane acrylate.
Sec. 74604. PVDF homopolymer/PVDF/CTFE copolymer mixtures.
Sec. 74605. Chemically modified PVDF.

  † S 1260 ES
                                  28
Sec. 74606. Fluoropolymer, fluoroethylene-alkyl vinylether alternative copoly-
                mers.
Sec. 74607. Copolymer of vinyl acetate and higher vinyl esters.
Sec. 74608. Food-grade vinyl acetate copolymer.
Sec. 74609. Vinyl chloride ethylene with enhanced properties.
Sec. 74610. Vinyl acetate ethylene copolymer with enhanced properties.
Sec. 74611. Food-grade polyvinyl acetate homopolymers.
Sec. 74612. Acrylic acid/vinylsulphonate random copolymers.
Sec. 74613. Poly(methyl methacrylate) microspheres.
Sec. 74614. Methyl methacrylate crosspolymer microspheres.
Sec. 74615. Styrene acrylate copolymer with enhanced properties.
Sec. 74616. Copolymer for dental use.
Sec. 74617. Vinyl phosphonic acid, acrylic acid copolymer, 20 percent solution
                in water.
Sec. 74618. Polyacrylate 33.
Sec. 74619. AA/AMPS copolymer.
Sec. 74620. Flocculant dry polyacrylamides.
Sec. 74621. Sorbitol, propylene oxide, ethylene oxide polymer.
Sec. 74622. Trimethoxysilylpropylcarbamate-terminated polyether.
Sec. 74623. Dimethoxy(methyl)silylmethylcarbamate-terminated polyether.
Sec. 74624. Curing agent is used in two- or three-parts epoxy systems.
Sec. 74625. Polyethylene glycol 450.
Sec. 74626. Medicinal intermediate for investigational use.
Sec. 74627. Pegcetacoplan.
Sec. 74628. Aqueous solutions of carboxylic acid-copolymer-salt in water.
Sec. 74629. Aqueous solutions of a modified polymer bearing hydrophilic and
                hydrophobic groups.
Sec. 74630. Dimethylamine/epichlorohydrin/ethylenediamine copolymer.
Sec. 74631. Linear hydroxyl-terminated aliphatic polycarb diol.
Sec. 74632. Short hollow PET fibers.
Sec. 74633. Polytetrahydrofuran.
Sec. 74634. Crystalline polyesters.
Sec. 74635. Liquid crystal polymers.
Sec. 74636. Branched polyesters.
Sec. 74637. High molecular weight co-polyester.
Sec. 74638. High molecular weight co-polyester.
Sec. 74639. Polyester-polyamide dispersants.
Sec. 74640. Nylon-12 micro-spheres.
Sec. 74641. Short nylon-66 fibers.
Sec. 74642. Short nylon 6 fibers, colored.
Sec. 74643. Short triangular nylon 6 fibers.
Sec. 74644. Short star-shaped nylon 6 fibers.
Sec. 74645. Short heart-shaped nylon 6 fibers.
Sec. 74646. PA510 polymer compounds.
Sec. 74647. MXD6 polymer compounds.
Sec. 74648. PA10T polymer compounds.
Sec. 74649. PA10T/10I polymer compounds.
Sec. 74650. Polyurethane aqueous resins.
Sec. 74651. Aqueous resin.
Sec. 74652. Aliphatic polyisocyanate.
Sec. 74653. IPDI and HDI based aliphatic polyisocyanate.
Sec. 74654. HDI/Trimethylol hexyllactone crosspolymer micro-spheres.
Sec. 74655. HDI/PPG/Polycaprolactone crosspolymer micro-spheres.
Sec. 74656. Aromatic isocyanate prepolymer.
Sec. 74657. Blocked polyisocyanate containing solvent.

  † S 1260 ES
                                  29
Sec. 74658. Polyisocyanate adduct for powder coatings.
Sec. 74659. Blocked polyisocyanate for use in can and coil applications.
Sec. 74660. Polydimethylsiloxane.
Sec. 74661. Silicone resins.
Sec. 74662. Methoxyfunctional methyl-phenyl polysiloxane.
Sec. 74663. Hydrogenpolysiloxane.
Sec. 74664. Methyl silicone resins.
Sec. 74665. Trimethylsiloxysilicate.
Sec. 74666. Epoxy functional polydimethylsiloxane.
Sec. 74667. Polymethylhydrogensiloxane.
Sec. 74668. Vinyl terminated siloxanes.
Sec. 74669. Silicone hybrid resin (solvent free).
Sec. 74670. Hydrogenated polycyclopentadiene resin.
Sec. 74671. Water dispersable HDI based polyisocyanate.
Sec. 74672. Cyanate ester resins for high-end electronic, aerospace, and indus-
                 trial applications.
Sec. 74673. Polyethyleneimine, component used in manufacturing medical de-
                 vices.
Sec. 74674. Polyhexanide.
Sec. 74675. Ethylene-norbornene copolymer.
Sec. 74676. Cellulose powder.
Sec. 74677. Polymaltotriose.
Sec. 74678. Chitosan.
Sec. 74679. Plastic drinking straws.
Sec. 74680. Garden hoses.
Sec. 74681. Plastic fittings of perfluoroalkoxy.
Sec. 74682. Low density polyethylene (LDPE) sheeting.
Sec. 74683. Biaxially oriented dielectric polypropylene film.
Sec. 74684. Biaxially oriented polypropylene (BOPP) capacitor-grade film.
Sec. 74685. Polyester capacitor-grade film.
Sec. 74686. Acid form membranes.
Sec. 74687. Melamine resin foam.
Sec. 74688. Infant bathtubs and basins, of plastics.
Sec. 74689. Boxes, cases, crates, and similar articles of plastics.
Sec. 74690. Nozzles, black, of polypropylene.
Sec. 74691. Tip/cap combinations of polyethylene.
Sec. 74692. Bottles made of LDPE.
Sec. 74693. Plastic nasal irrigator caps for neti pots.
Sec. 74694. Toy character bottle toppers.
Sec. 74695. Melamine platters, other than those presented in sets.
Sec. 74696. Melamine plates, other than those presented in sets.
Sec. 74697. Melamine bowls not presented in sets.
Sec. 74698. Melamine trays not presented in sets.
Sec. 74699. Plastic measuring cups and spoons in sets.
Sec. 74700. Liquid measuring cups.
Sec. 74701. Self-anchoring beverage containers.
Sec. 74702. PVC infant bathtub mats.
Sec. 74703. Reversible playmats.
Sec. 74704. Craft mats.
Sec. 74705. Hangers.
Sec. 74706. Infant bath rinsing cups.
Sec. 74707. Bathtub spout covers.
Sec. 74708. Infant teethers.
Sec. 74709. Lighted dog fetch toys.
Sec. 74710. Certain thermoplastic nylon 3-gang switch wallplates.

  † S 1260 ES
                                 30
Sec. 74711. Manual plastic disposable cutlery dispensers.
Sec. 74712. Ear bulb syringes of clear silicone.
Sec. 74713. PVC inflatable pillows.
Sec. 74714. Self-inflatable queen air mattresses.
Sec. 74715. Plastic clip fasteners.
Sec. 74716. Self-venting spouts for diesel exhaust fluid.
Sec. 74717. Plastic pet carriers.
Sec. 74718. Plastic mixing tips.
Sec. 74719. Cable ties of plastics.
Sec. 74720. Flexible camera mountings.
Sec. 74721. Three-piece camera mount sets.
Sec. 74722. Magnetic swivel clips for cameras.
Sec. 74723. Helmet camera mounts.
Sec. 74724. Short extension poles for use with cameras.
Sec. 74725. Long extension poles for cameras.
Sec. 74726. Swivel mounts for cameras.
Sec. 74727. Tripod camera mounts.
Sec. 74728. Bulk hydraulic hoses.
Sec. 74729. Brake hydraulic hoses.
Sec. 74730. Bulk fabric/metal-reinforced rubber hoses.
Sec. 74731. Disposable gloves.
Sec. 74732. Reusable gloves.
Sec. 74733. Dog and cat apparel.
Sec. 74734. Polycarbonate vanity cases.
Sec. 74735. Aluminum vanity cases.
Sec. 74736. Suitcases with outer surface of aluminum with built-in zipper
                 locks.
Sec. 74737. Drawstring backpacks with zippered pocket.
Sec. 74738. Laminated recycled reusable shopping tote bags.
Sec. 74739. Tote bags of paper yarn.
Sec. 74740. Reusable shopping style tote bags.
Sec. 74741. Waterproof tote bags.
Sec. 74742. Waterproof duffle bags.
Sec. 74743. Waterproof zippered bags, without handles, of plastic sheeting.
Sec. 74744. Waterproof backpacks.
Sec. 74745. Waterproof waist packs.
Sec. 74746. Guitar cases.
Sec. 74747. Jewelry boxes.
Sec. 74748. Silicone rubber camera cases with straps.
Sec. 74749. Leather gloves with flip mitts for hunting.
Sec. 74750. Men’s leather gloves valued at $18 or more per pair.
Sec. 74751. Belts of calf skin.
Sec. 74752. Bamboo engineered flooring: 12.5–12.9 mm thick.
Sec. 74753. Bamboo engineered flooring: 14.1–14.5 mm thick.
Sec. 74754. Bamboo engineered flooring: 15.7–16.1 mm thick.
Sec. 74755. Strand bamboo flooring: 12.5–12.9 mm thick.
Sec. 74756. Strand bamboo flooring: 14.1–14.5 mm thick.
Sec. 74757. Strand bamboo flooring: 10.9–11.3 mm thick.
Sec. 74758. Chopsticks made of bamboo.
Sec. 74759. Drying racks of wood.
Sec. 74760. Bamboo skewers.
Sec. 74761. Wood blinds with louvered slats.
Sec. 74762. 100 percent cotton woven crimped unbleached fabric.
Sec. 74763. Woven fabrics of cotton, containing 85 percent or more by weight
                 of cotton, not more than 200 grams per square meter.

  † S 1260 ES
                                   31
Sec. 74764. 100 percent cotton woven bleached fabric pieces, open weave.
Sec. 74765. Incontinence underpad fabrics of cotton.
Sec. 74766. Woven fabrics of cotton with an average yarn number between 55
                and 60.
Sec. 74767. Woven fabric of cotton of yarn number 69 or higher.
Sec. 74768. Woven fabrics of cotton with an average yarn number exceeding
                68.
Sec. 74769. Incontinence underpad fabrics, cotton, plain weave, of yarn number
                42 or lower.
Sec. 74770. Incontinence underpad fabrics, cotton, plain weave, of yarn number
                between 43 and 68.
Sec. 74771. Incontinence underpad fabrics, bleached.
Sec. 74772. Incontinence underpad fabrics, printed.
Sec. 74773. Untwisted filament polyvinyl alcohol yarn, measuring 1,100 to
                1,330 decitex.
Sec. 74774. Untwisted filament polyvinyl alcohol yarn.
Sec. 74775. Polypropylene (PP) monofilament.
Sec. 74776. Acrylic fiber tow with an average decitex of 0.9.
Sec. 74777. Black polyester bi-component fibers.
Sec. 74778. Acrylic staple fibers with an average decitex of 2.2, fiber length of
                100 mm.
Sec. 74779. Modacrylic staple fibers not processed for spinning.
Sec. 74780. Short polypropylene fibers.
Sec. 74781. Polyoxadiazole fibers.
Sec. 74782. Artificial staple fibers of viscose rayon, 38–42 mm in length.
Sec. 74783. Artificial fibers of viscose rayon for the manufacture of feminine
                hygiene products.
Sec. 74784. Flame retardant rayon fibers, measuring 4.78 decitex.
Sec. 74785. Flame retardant rayon fibers, measuring 4.55 decitex.
Sec. 74786. Flame retardant rayon fibers, measuring 4.4 decitex.
Sec. 74787. Other flame retardant rayon fibers.
Sec. 74788. Cellulosic man-made viscose rayon staple fibers, measuring 1.3–1.5
                decitex.
Sec. 74789. Viscose rayon staple fibers, measuring 1.5–1.67 decitex, with a
                fiber length of 38–42 mm.
Sec. 74790. Cellulosic man-made viscose rayon staple fibers, measuring 1.67–
                2 decitex.
Sec. 74791. Viscose rayon staple fibers, measuring 1–2 decitex, with a fiber
                length of 4–8 mm.
Sec. 74792. Viscose staple fibers used in textile, medical, or hygiene applica-
                tions.
Sec. 74793. Viscose rayon staple fibers, measuring 1.51–2 decitex, with a fiber
                length of 8–16 mm.
Sec. 74794. Viscose rayon staple fibers, measuring 1–1.5 decitex, with a fiber
                length of 8–16 mm.
Sec. 74795. Flame retardant viscose rayon staple fibers, with a decitex of 4.7
                mm and a fiber length of 51–60 mm.
Sec. 74796. Viscose rayon staple fibers for nonwoven production.
Sec. 74797. Black viscose rayon staple fibers.
Sec. 74798. Acrylic or modacrylic staple fibers with a decitex of 3–5.6.
Sec. 74799. Made up hand-cast string-drawn fishing nets.
Sec. 74800. Knitted carpets containing 75 percent or more of cotton, with a
                rubber backing.
Sec. 74801. Knitted carpets containing 75 percent or more by weight of poly-
                ester, with a rubber backing.

  † S 1260 ES
                                   32
Sec. 74802. Faux leather fabrics.
Sec. 74803. Grass catcher bags.
Sec. 74804. Oxygenation membrane capillary material.
Sec. 74805. Textile knitted fabrics composed of micromodal and elastane.
Sec. 74806. Textile technical knitted fabrics combining technical cotton and
                elastane.
Sec. 74807. Textile knit fabrics of modal, cashmere, and spandex.
Sec. 74808. Women’s and girls’ dresses, knitted or crocheted, of synthetic fi-
                bers infused with minerals.
Sec. 74809. Women’s and girls’ skirts and divided skirts of synthetic fibers in-
                fused with minerals.
Sec. 74810. Women’s and girls’ knit cardigans or pullovers containing 70 per-
                cent or more of silk.
Sec. 74811. Men’s and boys’ knit cardigans or pullovers of linen.
Sec. 74812. Babies’ knit sweaters, pullovers, sweatshirts, waistcoats (vests),
                and cardigans, of artificial fibers.
Sec. 74813. Women’s and girls’ tops, knitted or crocheted, of man-made fibers
                infused with minerals.
Sec. 74814. Men’s and boy’s tops, knitted or crocheted, of man-made fibers in-
                fused with minerals.
Sec. 74815. Men’s 3 mm wetsuits.
Sec. 74816. Men’s 5.5 and 6.5 mm wetsuits.
Sec. 74817. Men’s 3.5 mm wetsuits.
Sec. 74818. Men’s 4.5 mm wetsuits.
Sec. 74819. Women’s 3 mm wetsuits.
Sec. 74820. Women’s 3.5 mm wetsuits.
Sec. 74821. Women’s 4.5 mm wetsuits.
Sec. 74822. Women’s 5.5 and 6.5 mm wetsuits.
Sec. 74823. Insulated handmuffs of knit polyester.
Sec. 74824. Men’s stockingfoot wader bottom subassemblies, of compressed ne-
                oprene.
Sec. 74825. Men’s stockingfoot wader bottom subassemblies, of non-compressed
                neoprene.
Sec. 74826. Fishing wader pocket pouch assemblies.
Sec. 74827. Women’s coats of man-made woven fibers.
Sec. 74828. Men’s or boys’ linen woven trousers.
Sec. 74829. Men’s or boys’ linen woven shorts.
Sec. 74830. Martial arts uniforms.
Sec. 74831. Women’s dresses of woven viscose.
Sec. 74832. Girls’ woven cotton corduroy trousers.
Sec. 74833. Women’s woven waffle shirts.
Sec. 74834. Babies’ woven artificial fiber shirts and blouses.
Sec. 74835. Babies’ artificial fiber woven jumpsuits, coveralls, dresses, skirts,
                skirtalls, or clothing accessories.
Sec. 74836. Women’s or girls’ linen woven blouses, shirts and shirt-blouses, and
                sleeveless tank styles.
Sec. 74837. Women’s or girls’ linen woven washsuits, sunsuits, or one-piece
                playsuits.
Sec. 74838. Women’s or girls’ linen woven coveralls or jumpsuits.
Sec. 74839. Women’s shawls and similar goods, 100 percent silk.
Sec. 74840. Winter cycling gloves.
Sec. 74841. Mattress protectors with toppers.
Sec. 74842. Printed mattress protectors.
Sec. 74843. Lock pocket tents.
Sec. 74844. Dark room tents.

  † S 1260 ES
                                   33
Sec. 74845. Air tube chambered tents.
Sec. 74846. Bi-component microfiber tube mop refills.
Sec. 74847. Microfiber duster refills.
Sec. 74848. RFID mop pads.
Sec. 74849. Microfiber cleaning cloths.
Sec. 74850. Microfiber mop pads.
Sec. 74851. Golf bag bodies with rain hoods and straps.
Sec. 74852. Pillow shells, constructed with gussets.
Sec. 74853. Golf bag body flats.
Sec. 74854. Bathtub elbow rests.
Sec. 74855. Door swings.
Sec. 74856. Under bed restraints.
Sec. 74857. Flat golf bag body components, without bottoms.
Sec. 74858. Bath kneeler.
Sec. 74859. Pillow shells, with oval jacquard weave.
Sec. 74860. Two-piece camera mount kits.
Sec. 74861. Sleeve covers.
Sec. 74862. Sports footwear for men, valued over $20 per pair.
Sec. 74863. Sports footwear for women, valued over $20 per pair.
Sec. 74864. Men’s cycling shoes valued over $18 per pair.
Sec. 74865. Women’s cycling shoes valued over $16 per pair.
Sec. 74866. Men’s golf shoes with outers and uppers of rubber or plastics, val-
                 ued over $20 per pair.
Sec. 74867. Golf shoes other than for men, with outers and uppers of rubber
                 or plastics, valued over $20 per pair.
Sec. 74868. Winter cycling boots for men.
Sec. 74869. Winter cycling boots for women.
Sec. 74870. Men’s protective active footwear with waterproof soles, valued over
                 $26 per pair, covering the ankle.
Sec. 74871. Women’s protective active footwear with waterproof soles, valued
                 over $27 per pair, 15.35–25.4 cm in height.
Sec. 74872. Children’s protective active footwear with waterproof soles, valued
                 over $18 per pair.
Sec. 74873. Men’s protective active footwear with waterproof soles, valued over
                 $27 per pair, 15.35–25.4 cm in height.
Sec. 74874. Children’s footwear valued over $15 per pair.
Sec. 74875. Women’s protective active footwear, valued over $25 per pair,
                 15.35–25.4 cm in height.
Sec. 74876. Women’s rubber or plastic footwear covering the ankle with fox-
                 like banding.
Sec. 74877. Cheer shoes covering the ankle.
Sec. 74878. Footwear for women, with 90 percent of the external surface of
                 rubber or plastic, valued $15–$22 per pair.
Sec. 74879. Sideline cheer shoes.
Sec. 74880. Men’s athletic footwear, valued under $9 per pair.
Sec. 74881. Athletic footwear for women, valued not over $9 per pair.
Sec. 74882. Athletic footwear for children, valued not over $8 per pair.
Sec. 74883. Men’s golf shoes, with outer soles and uppers of rubber or plastics,
                 not covering the ankle, valued $15 per pair or over.
Sec. 74884. Golf shoes other than for men, with outer soles and uppers of rub-
                 ber or plastics, not covering the ankle, valued $15 per pair or
                 over.
Sec. 74885. Men’s rubber/plastic footwear, valued not over $5 per pair.
Sec. 74886. Women’s rubber/plastic footwear, valued not over $6 per pair.
Sec. 74887. Children’s athletic shoes with glitter uppers.

  † S 1260 ES
                                  34
Sec. 74888. Cheer shoes with sole less than 12 mm.
Sec. 74889. Men’s golf shoes with outers and uppers of rubber or plastics, val-
                ued over $19 per pair.
Sec. 74890. Golf shoes other than for men, outer soles and uppers of rubber
                or plastics, valued over $19 per pair.
Sec. 74891. Men’s golf shoes, outer soles of rubber, plastics, leather or com-
                position leather and uppers of leather (except pigskin uppers).
Sec. 74892. Men’s oxford work footwear with metal safety toe and internal
                metatarsal protection.
Sec. 74893. Oxford-style leather footwear with metal safety toe and static dis-
                sipating protection.
Sec. 74894. Women’s leather footwear, lined with pigskin with zipper, valued
                $47–$60 per pair.
Sec. 74895. Women’s leather footwear, lined with pigskin, valued $31–$40 per
                pair.
Sec. 74896. Women’s slip-on cow/calf hair footwear, valued $50–$60 per pair.
Sec. 74897. Women’s leather footwear lined with sheepskin.
Sec. 74898. Women’s leather slip-on footwear lined with sheep leather.
Sec. 74899. Women’s leather slip-on footwear lined with pigskin.
Sec. 74900. Women’s leather footwear, lined with pigskin, valued $21–$27 per
                pair.
Sec. 74901. Men’s mid-cut work footwear with composite safety toe and water-
                proof leather uppers.
Sec. 74902. Men’s leather upper footwear, San Crispino construction, valued
                over $32 per pair.
Sec. 74903. Men’s leather upper athletic footwear.
Sec. 74904. Women’s footwear with leather uppers, lined with pigskin, valued
                $37–$43 per pair.
Sec. 74905. Women’s footwear with leather uppers, lined with pigskin, valued
                $88–$102 per pair.
Sec. 74906. Women’s footwear with leather uppers, lined with pigskin, valued
                $24–$32 per pair.
Sec. 74907. Women’s footwear with leather uppers, lined with pigskin, valued
                $57–$62 per pair.
Sec. 74908. Women’s footwear with leather uppers, strap with closed toe and
                open heel.
Sec. 74909. Open toe women’s footwear, valued over $23 but not over $27 per
                pair.
Sec. 74910. Slip-on footwear for women, valued over $24 but not over $27 per
                pair.
Sec. 74911. Women’s footwear with leather uppers, lined with pigskin, closed
                toe or heel with functional zippers on sides.
Sec. 74912. Women’s footwear with leather uppers, lined with pigskin, closed
                toe or heel with zipper closure, height of 43–48 cm.
Sec. 74913. Women’s footwear with leather uppers, lined with pigskin covering
                the knee.
Sec. 74914. Women’s footwear with leather uppers, lined with pigskin, closed
                toe or heel with zipper closure, height of 48–52 cm.
Sec. 74915. Women’s footwear with leather uppers, open toe with strap and
                buckle, valued $14–$25 per pair.
Sec. 74916. Women’s slip-on footwear with bovine leather uppers.
Sec. 74917. Women’s footwear with leather uppers, lined with pigskin with ad-
                justable laces.
Sec. 74918. Men’s waterproof leather footwear, valued $27 per pair or higher.
Sec. 74919. Men’s or boys’ golf shoes, valued $30 per pair or higher.

  † S 1260 ES
                                   35
Sec. 74920. Competitive cheer shoes with leather uppers.
Sec. 74921. Children’s waterproof leather footwear, not covering the ankle, val-
                ued $14 per pair or higher.
Sec. 74922. Women’s footwear with leather uppers, open toe with strap and
                buckle, valued $12.50–$28 per pair.
Sec. 74923. Women’s footwear with leather uppers, closed toe with strap and
                buckle.
Sec. 74924. Women’s footwear with leather uppers, with strap and buckle, val-
                ued $27–$40 per pair.
Sec. 74925. Women’s footwear with leather uppers, with strap and buckle, val-
                ued $12.70–$18.70 per pair.
Sec. 74926. Children’s leather upper athletic footwear, valued not over $9 per
                pair.
Sec. 74927. Men’s athletic type footwear with uppers of textile materials of veg-
                etable fibers and outer soles of rubber or plastic with textile
                flocking.
Sec. 74928. Athletic footwear for men, with a bellows tongue, valued over $6.50
                but not over $12 per pair.
Sec. 74929. Athletic footwear for women, with a bellows tongue, valued over
                $6.50 but not over $12 per pair.
Sec. 74930. Athletic footwear for children, bellows tongue, valued over $6.50
                but not over $12 per pair.
Sec. 74931. Athletic footwear for men, valued over $6.50 but not over $9 per
                pair.
Sec. 74932. Athletic footwear for children, valued over $6.50 but not over $9
                per pair.
Sec. 74933. Men’s waterproof footwear, valued over $15 per pair, covering the
                ankle.
Sec. 74934. Men’s waterproof footwear, valued over $13 per pair, not covering
                the ankle.
Sec. 74935. Women’s waterproof footwear, valued over $15 per pair, covering
                the ankle.
Sec. 74936. Women’s waterproof footwear, valued over $13 per pair, not cov-
                ering the ankle.
Sec. 74937. Cheer shoes with uppers of textile materials.
Sec. 74938. Men’s golf shoes, uppers of textile materials.
Sec. 74939. Golf shoes other than for men, uppers of textile materials.
Sec. 74940. Women’s footwear with textile uppers and 50 percent or more of
                the surface area of which is leather.
Sec. 74941. Shoe and boot covers.
Sec. 74942. Women’s footwear with textile uppers, open toes or heels, valued
                $15–$30 per pair.
Sec. 74943. Men’s textile upper footwear, with open toes or open heels, valued
                not over $12 per pair.
Sec. 74944. Women’s textile upper footwear, with open toes or open heels, val-
                ued not over $12 per pair.
Sec. 74945. Children’s textile upper footwear, with open toes or open heels, val-
                ued not over $12 per pair.
Sec. 74946. Oxford footwear with textile upper and composite toe, valued at
                $12–$20 per pair.
Sec. 74947. Oxford-style footwear for men or women with textile uppers, with
                an alloy safety toecap and static dissipating protection.
Sec. 74948. Oxford-style work footwear with steel safety toe and static dis-
                sipating protection.


  † S 1260 ES
                                  36
Sec. 74949. Women’s footwear, covering the ankle but not the knee, valued
                over $24 per pair.
Sec. 74950. Men’s textile upper footwear, not covering the ankle, valued over
                $24 per pair.
Sec. 74951. Oxford footwear with textile uppers and composite toe, valued over
                $20 per pair.
Sec. 74952. Men’s mid-cut footwear with a textile upper and a protective toe
                cap.
Sec. 74953. Women’s footwear with leather soles and textile uppers, open toes
                or heels, valued $12–$24 per pair.
Sec. 74954. Footwear for women valued over $20 but not over $24 per pair.
Sec. 74955. Women’s footwear with leather soles and textile uppers, valued
                $15–$20 per pair.
Sec. 74956. Women’s footwear with leather soles and textile uppers, valued
                $20–$25 per pair.
Sec. 74957. Women’s footwear with cork soles and textile uppers.
Sec. 74958. Men’s footwear with felt soles, not covering the ankle, valued $20
                per pair or higher.
Sec. 74959. Women’s and girls’ footwear with cork uppers, valued less than
                $25 per pair.
Sec. 74960. Women’s footwear with cow/calf hair uppers, valued $35–$40 per
                pair, covering the ankle.
Sec. 74961. Women’s footwear with cow/calf hair uppers, valued $35–$40 per
                pair, not covering the ankle.
Sec. 74962. Women’s footwear with cow/calf hair uppers, valued $19–$25 per
                pair.
Sec. 74963. Women’s footwear with cow/calf hair uppers, valued $50–$55 per
                pair.
Sec. 74964. Women’s footwear, leather soles and rubber/plastic uppers, valued
                $16–$18 per pair.
Sec. 74965. Women’s footwear with cow/calf hair uppers, valued $19–$34 per
                pair.
Sec. 74966. Footwear for women, valued over $50 but not over $60 per pair.
Sec. 74967. Calf hair upper footwear.
Sec. 74968. Gaiters of man-made fibers.
Sec. 74969. Hats of vegetable fibers.
Sec. 74970. Hairnets.
Sec. 74971. Cotton knit hats, valued $8 or less.
Sec. 74972. Babies’ woven cotton hats.
Sec. 74973. Hats of man-made fiber, valued $5–$25.
Sec. 74974. Waterproof and insulated hats with ear flaps, valued over $15.
Sec. 74975. Fishing wading staffs.
Sec. 74976. Plastic plants for aquariums, not glued or bound.
Sec. 74977. Natural stone ledger tile of sandstone.
Sec. 74978. Marble mosaic and pebble tiles.
Sec. 74979. Natural stone limestone tiles.
Sec. 74980. Natural stone marble tiles.
Sec. 74981. Waterjet natural stone mosaic tile.
Sec. 74982. Marble entertaining and serveware.
Sec. 74983. Articles of marble for kitchen and dining room.
Sec. 74984. Natural stone ledger tiles of travertine.
Sec. 74985. Travertine decorative tile.
Sec. 74986. Limestone decorative tiles.
Sec. 74987. Blank, embossed, and printed stoneware coaster disks and trivets.
Sec. 74988. Rolled green glass sheets.

  † S 1260 ES
                                   37
Sec. 74989. Framed rear-view mirrors.
Sec. 74990. Wall mirrors, unframed.
Sec. 74991. Wall mirrors, framed.
Sec. 74992. Stemware (crystalline) drinking glasses valued over $0.30 but not
                over $3 each, other than those presented in sets.
Sec. 74993. Double-walled insulated glass tumblers.
Sec. 74994. Diamond-shaped stemmed wine glasses.
Sec. 74995. Twisted-center stemless wine glass.
Sec. 74996. Crystalline drinking glasses, without stems, not in sets.
Sec. 74997. Double-walled insulated glass bowls.
Sec. 74998. Leaf-shaped glass decanters.
Sec. 74999. Set of four appetizer plates made of glass with steel caddy holder,
                valued at $2 each.
Sec. 75000. Spice rack with glass jars and wooden lids valued not over $3 each.
Sec. 75001. Glass lens blanks for infrared applications.
Sec. 75002. Hair accessories of glass beads, imitation pearls, and imitation
                stones, valued less than $7.
Sec. 75003. Filter bags with acid-resistant coating, of woven fiberglass lami-
                nated to ePTFE, weighing at least 325 g/m2 but not over 350
                g/m2.
Sec. 75004. Fiberglass replacement wicks for outdoor garden torch.
Sec. 75005. Filter bags of woven fiberglass fabric laminated to an ePTFE, with
                a polytetrafluoroethylene coated backing, not acid resistant,
                weighing at least 721 g/m2 but not over 771 g/m2.
Sec. 75006. Silver catalyst.
Sec. 75007. Silver round blanks.
Sec. 75008. Ferroboron alloy.
Sec. 75009. Cast iron nonmalleable threaded main body combo castings for res-
                idential fuel oil tanks.
Sec. 75010. Cast iron nonmalleable threaded vent caps for residential fuel oil
                tanks.
Sec. 75011. Cast iron nonmalleable threaded bushings for residential fuel oil
                tanks.
Sec. 75012. Cast iron nonmalleable threaded tank adapters for residential fuel
                oil tanks.
Sec. 75013. Cast iron nonmalleable threaded fill alarm main body for residen-
                tial fuel oil tanks.
Sec. 75014. Cast iron nonmalleable threaded fill box caps for residential fuel
                oil tanks.
Sec. 75015. Cast iron nonmalleable threaded leg flanges for residential fuel oil
                tanks.
Sec. 75016. Portable gas cooking stoves.
Sec. 75017. Portable outdoor cookers.
Sec. 75018. Self-anchored beverage containers.
Sec. 75019. Stainless steel handmade kitchen sinks.
Sec. 75020. Loose frame baskets.
Sec. 75021. Two-story fire escape ladders.
Sec. 75022. Three-story fire escape ladders.
Sec. 75023. Work support stands of steel.
Sec. 75024. Locking fixtures of iron or steel.
Sec. 75025. Stainless steel phone handle-and-stand accessories.
Sec. 75026. Circular and S-shaped stainless steel carabiners.
Sec. 75027. Pieces of refined unwrought copper cathode 99.9999 percent pure.
Sec. 75028. Ultra-thin and wide-width aluminum foil.
Sec. 75029. Etched capacitor aluminum foil of a thickness 0.018–0.126 mm.

  † S 1260 ES
                                 38
Sec. 75030. Stove top coffee makers.
Sec. 75031. Aluminum shower caddies.
Sec. 75032. Step stools of aluminum.
Sec. 75033. Aluminum ladders.
Sec. 75034. Circular and S-shaped aluminum carabiners.
Sec. 75035. Stationary sprinklers of zinc.
Sec. 75036. Tungsten waste and scrap.
Sec. 75037. Cobalt alloys.
Sec. 75038. Certain gallium (Ga).
Sec. 75039. Niobium (columbium) rings no thicker than 20 mm.
Sec. 75040. Tungsten secondary raw material.
Sec. 75041. Gear-driven bolt cutters and pipe cutters.
Sec. 75042. Rotary cutters.
Sec. 75043. Food graters.
Sec. 75044. Hand tools for applying plastic clip fasteners to garments.
Sec. 75045. Steel workstations with vises adjustable by foot pedal.
Sec. 75046. Fixed carbide cutter and roller cone drill bits.
Sec. 75047. Rotary food graters.
Sec. 75048. Coffee presses.
Sec. 75049. Vacuum insulated coffee servers with a brew-through lid.
Sec. 75050. Vacuum insulated coffee servers with no lid.
Sec. 75051. Vacuum insulated coffee servers with fitted hinged lid.
Sec. 75052. Commercial vacuum insulated coffee servers with sight gauge.
Sec. 75053. Commercial vacuum insulated coffee servers with plastic base.
Sec. 75054. Commercial vacuum insulated coffee servers with plastic base and
                stand.
Sec. 75055. Craft knives with fixed pen-like or retractable blades.
Sec. 75056. Craft knives.
Sec. 75057. Blades for craft knives with non-fixed blades.
Sec. 75058. Ergonomic pinking shears.
Sec. 75059. Spring-action scissors.
Sec. 75060. Electronic locks for lockers.
Sec. 75061. Luggage locks of base metal, packaged for retail sale.
Sec. 75062. Key-operated door handles, push-pull-rotate.
Sec. 75063. Vent mounted magnetic mobile phone holder for automobiles.
Sec. 75064. Dash mounted magnetic mobile phone holder for automobiles.
Sec. 75065. Windshield mounted magnetic mobile phone holder for automobiles.
Sec. 75066. Steel latches with plastic plungers.
Sec. 75067. Non-key-operated door handles.
Sec. 75068. Curtain rings.
Sec. 75069. Brackets.
Sec. 75070. Curtain rods.
Sec. 75071. Curtain rod hardware.
Sec. 75072. Curtain tiebacks.
Sec. 75073. Curtain rod finials.
Sec. 75074. Curved shower rods.
Sec. 75075. Shower hooks and rings.
Sec. 75076. Straight shower rods.
Sec. 75077. Steel window rods.
Sec. 75078. Antitheft steel cases with digital locks.
Sec. 75079. Stainless steel hose kits.
Sec. 75080. Stainless steel hoses.
Sec. 75081. Wrist watch strap buckles not over 18 mm.
Sec. 75082. Wrist watch strap buckles over 18 mm.
Sec. 75083. Used cylinder heads.

  † S 1260 ES
                                 39
Sec. 75084. Cylinder heads used solely or principally with certain engines.
Sec. 75085. Engine blocks.
Sec. 75086. Swirler assemblies for turbines.
Sec. 75087. Barrels for fuel mixing.
Sec. 75088. Injector assemblies for certain turbines.
Sec. 75089. Stem assemblies for certain turbines.
Sec. 75090. Tip assemblies for non-gas turbines.
Sec. 75091. High pressure fuel pumps.
Sec. 75092. Dry scroll vacuum pumps 364x333x485 mm.
Sec. 75093. Dry scroll vacuum pumps 297x260x420 mm.
Sec. 75094. Dry scroll vacuum pumps 254x260x420 mm.
Sec. 75095. Dry scroll vacuum pumps 181x140x358 mm.
Sec. 75096. Turbomolecular vacuum pumps.
Sec. 75097. Rotary vane vacuum pumps valued over $500 each.
Sec. 75098. Vacuum diffusion pumps valued over $900 each.
Sec. 75099. Hand- or foot-operated air pumps.
Sec. 75100. Roof vent fans.
Sec. 75101. 12-Amp corded electric leaf blowers.
Sec. 75102. Cordless battery powered leaf blowers not exceeding 20 volts.
Sec. 75103. Cordless battery powered leaf blowers between 20 and 60 V.
Sec. 75104. Fan assemblies for cab climate systems.
Sec. 75105. Aquarium air pumps.
Sec. 75106. Heat pumps for residential use.
Sec. 75107. Heat pumps (outdoor units) for split air conditioner systems.
Sec. 75108. High-wall indoor units.
Sec. 75109. Single-zone outdoor units.
Sec. 75110. Mini heat pumps for split air conditioner systems.
Sec. 75111. Multi-zone outdoor unit ductless systems.
Sec. 75112. Indoor units of split air conditioner systems.
Sec. 75113. Ductless 18000 BTU heat pumps, single zone inverter.
Sec. 75114. Single-phase heat pump.
Sec. 75115. Steel vacuum pitchers with plastic hinged lid.
Sec. 75116. Oil filters.
Sec. 75117. Battery powered nasal irrigators.
Sec. 75118. Struts to absorb vibration.
Sec. 75119. Table saws (25.4 cm.), operable corded and cordless.
Sec. 75120. Sliding miter saws (25.4 cm) with laser, corded and cordless.
Sec. 75121. Electromechanical rotary hammers, corded and cordless.
Sec. 75122. Electromechanical hammer impact drivers, corded and cordless.
Sec. 75123. Rotary hammer drill tools with self-contained electric motor.
Sec. 75124. Drill driver tools with self-contained electric motor.
Sec. 75125. Extruders.
Sec. 75126. Three-dimensional drawing pens.
Sec. 75127. Professional grade three-dimensional drawing pens.
Sec. 75128. Electric multi-functional blower vacuums.
Sec. 75129. Autosamplers (multisamplers) for liquid chromatographs.
Sec. 75130. Autosamplers (vialsamplers) for liquid chromatographs.
Sec. 75131. Hydraulic hammer assembly.
Sec. 75132. Segmented bladder-operated molds, with more than 25-inch rim di-
                ameter.
Sec. 75133. Used valves for directional control.
Sec. 75134. Keg spears with pressure release valves.
Sec. 75135. Multiport distribution controllers.
Sec. 75136. Subsea modular trees.
Sec. 75137. Flow selector unit-multi-port 6-branch engine crankshafts.

  † S 1260 ES
                                  40
Sec. 75138. Engine crankshafts.
Sec. 75139. Turbocharger journal bearings.
Sec. 75140. Mid-range bearing housings.
Sec. 75141. Heavy duty bearing housings.
Sec. 75142. Fixed ration gear boxes.
Sec. 75143. Track drive gear boxes.
Sec. 75144. Swing bearing assembly.
Sec. 75145. Gears for use in machinery or within engines.
Sec. 75146. 14Y stepper motors.
Sec. 75147. Air door actuators.
Sec. 75148. Servo motors.
Sec. 75149. DC brushed rhombic winding NdFeb magnet motors, with output
                under 18.65 W.
Sec. 75150. DC brushed rhombic winding NdFeB magnet motors.
Sec. 75151. DC brushed rhombic winding AlNiCo magnet motors, with output
                under 18.65 W.
Sec. 75152. DC brushless rhombic winding NdFeB magnet motors, with output
                under 18.65 W.
Sec. 75153. DC brushed rhombic winding NdFeB magnet motors, with output
                over 18.65 but not over 37.5 W.
Sec. 75154. DC brushed rhombic winding AlNiCo magnet motors, with output
                over 18.65 W but not over 37.5 W.
Sec. 75155. DC brushless slotless rhombic winding NdFeB magnet motors out-
                put over 18.65 W but not over 37.5 W.
Sec. 75156. DC brushed rhombic winding NdFeB magnet motors output over
                37.5 W but not over 74.6 W.
Sec. 75157. DC brushless slotless rhombic winding NdFeB magnet motors out-
                put over 37.5 W but not over 74.6 W.
Sec. 75158. Motors.
Sec. 75159. DC motors of an output exceeding 74.6 W but not exceeding 735
                W.
Sec. 75160. DC motors, of an output exceeding 74.6 W but not exceeding 735
                W.
Sec. 75161. DC brushed rhombic winding NdFeB magnet motors output over
                74.6 W but not over 735 W.
Sec. 75162. DC brushless slotless rhombic winding NdFeB magnet motors out-
                put over 74.6 W but not over 735 W.
Sec. 75163. DC motors of an output exceeding 750 W but not exceeding 14.92
                kW.
Sec. 75164. DC electric motor for non-aircraft gas turbines.
Sec. 75165. AC alternators.
Sec. 75166. AC alternators with copper windings.
Sec. 75167. Wound stators and rotor assemblies.
Sec. 75168. Rotors.
Sec. 75169. Stators for washing machines, with a 27-tooth design.
Sec. 75170. Stators for washing machines, with an 18-tooth design.
Sec. 75171. Rotors for washing machines, with a height of 60.8 mm.
Sec. 75172. Rotors for washing machines, with a height of 49 mm.
Sec. 75173. 6 V lead-acid storage batteries.
Sec. 75174. 12 V lead-acid storage batteries, used for the auxiliary source of
                power.
Sec. 75175. Lead-acid storage batteries, used for wheelchairs.
Sec. 75176. 12 V lead-acid storage batteries, rated at less than 15 ampere-
                hours.


  † S 1260 ES
                                   41
Sec. 75177. 12 V lead-acid storage batteries, rated at 15 ampere-hours or
                more.
Sec. 75178. Cell box assemblies, weighing 15 kg or more but not over 18 kg.
Sec. 75179. Cell box assemblies, weighing 30 kg or more but not over 36 kg.
Sec. 75180. Cell box assemblies, weighing 36 kg or more but not over 49 kg.
Sec. 75181. Cell box assemblies NX.
Sec. 75182. Food processors with a capacity greater than 2.9 liters but not ex-
                ceeding 3.1 liters.
Sec. 75183. Food processors with a capacity greater than 1.6 liters but not ex-
                ceeding 2.2 liters.
Sec. 75184. Cordless hand blenders.
Sec. 75185. Cordless hand mixers.
Sec. 75186. Corded hand blenders.
Sec. 75187. Burr coffee grinders.
Sec. 75188. Electric food processors with bowl scraper.
Sec. 75189. Electric food processors with snap-locking lid.
Sec. 75190. Electric juice extractors.
Sec. 75191. Electric drink mixers.
Sec. 75192. Spiralizing food processors with a capacity equal to or greater than
                2.36 liters but not exceeding 2.64 liters.
Sec. 75193. Spiralizing food processors with a capacity equal to or greater than
                2.83 liters but not exceeding 3.07 liters.
Sec. 75194. Dicing food processors.
Sec. 75195. Compact food processor with smoothie function.
Sec. 75196. Juice extractors.
Sec. 75197. Integrated baby food making systems.
Sec. 75198. Electric juice mixers and grinders.
Sec. 75199. Ultrasonic humidifiers.
Sec. 75200. Automatic litterboxes, valued no more than $100.
Sec. 75201. Electric toothbrushes.
Sec. 75202. Ultrasonic cool/warm mist humidifiers with aromatherapy.
Sec. 75203. 2-in-1 can opener.
Sec. 75204. Food spiralizing devices.
Sec. 75205. Ceramic bowls.
Sec. 75206. Food grinders for certain electromechanical stand food mixers.
Sec. 75207. Pasta press extruders for certain stand food mixers.
Sec. 75208. Stainless steel bowls for certain electromechanical stand food mix-
                ers, with capacity greater than 4.2 liters but not exceeding 4.8
                liters.
Sec. 75209. Stainless steel bowls for certain electromechanical stand food mix-
                ers, with capacity greater than 2.8 liters but not exceeding 3.4
                liters.
Sec. 75210. Stainless steel bowls for certain electromechanical stand food mix-
                ers, with capacity greater than 5.6 liters but not exceeding 8.6
                liters.
Sec. 75211. Pasta rollers and cutters for stand food mixers.
Sec. 75212. Glass bowls for certain electromechanical stand food mixers.
Sec. 75213. Body trimmers for detailed hair trimming.
Sec. 75214. Hair clipper sets.
Sec. 75215. Rechargeable trimmers for trimming human hair.
Sec. 75216. PCB assemblies for clippers and trimmers.
Sec. 75217. LED bicycle wheel spoke lights.
Sec. 75218. Bicycle rear lights.
Sec. 75219. Portable electric lamps.
Sec. 75220. Space heaters.

  † S 1260 ES
                                  42
Sec. 75221. Microwave ovens with capacity not exceeding 22.5 liters.
Sec. 75222. Microwave ovens with capacity exceeding 22.5 liters but not ex-
                ceeding 31 liters.
Sec. 75223. Low-profile microwave ovens with electronic opening mechanism
                and integral range hood.
Sec. 75224. Low-profile microwave ovens with push button opening mechanism
                and integral range hood.
Sec. 75225. Low-profile microwave ovens with electronic opening mechanism
                and without a range hood.
Sec. 75226. Searing grills.
Sec. 75227. Automatic drip coffee makers.
Sec. 75228. Espresso machines.
Sec. 75229. Coffee makers with dishwasher safe removable parts.
Sec. 75230. Single-service coffee makers with milk frothers.
Sec. 75231. Electric coffee makers with dual dispensers.
Sec. 75232. Electric coffee makers for brewing capsules.
Sec. 75233. Automatic or manual pour over coffee makers.
Sec. 75234. Removable reservoir coffeemakers.
Sec. 75235. Single serve coffee makers.
Sec. 75236. 2-way coffee makers with a 12-cup carafe and a pod brewer.
Sec. 75237. Rapid cold brew and hot coffee makers.
Sec. 75238. Electric kettles.
Sec. 75239. Electric toasters with even-toast feature.
Sec. 75240. Electric toasters with 6.5 inch slots.
Sec. 75241. Electric toasters with 37 mm wide slots, with an under-base cord
                wrap.
Sec. 75242. 2- and 4- slot toasters, not having a button to keep toaster con-
                tents warm after toasting.
Sec. 75243. 2-slot toasters, with a button to keep toaster content warm after
                toasting.
Sec. 75244. Electric toasters with double-slice slots.
Sec. 75245. Electric toasters with 37 mm wide slots, with a retractable cord.
Sec. 75246. Electric pressure cookers rated more than 800 W but not more
                than 1,000 W, with a capacity of not less than 5 liters.
Sec. 75247. Electric pressure cookers rated more than 1,200 W but not more
                than 1,400 W, with a capacity of less than 5 liters.
Sec. 75248. Electric pressure cookers rated more than 1,000 W but not more
                than 1,200 W, with a capacity of less than 5 liters.
Sec. 75249. Contoured heating pads.
Sec. 75250. Slow cookers with non-stick ceramic coated stoneware.
Sec. 75251. Heating pads.
Sec. 75252. Programmable slow cookers with digital display.
Sec. 75253. 8-Quart electric slow cookers.
Sec. 75254. Programmable slow cookers.
Sec. 75255. Electric slow cookers with locking lid.
Sec. 75256. Double flip waffle makers with removable grids.
Sec. 75257. Ice cream waffle cone and bowl makers.
Sec. 75258. Electric breakfast sandwich makers.
Sec. 75259. Pressure cookers.
Sec. 75260. 10-quart programmable slow cookers.
Sec. 75261. Polished stainless steel 1.5-quart tea kettles.
Sec. 75262. Egg bite makers.
Sec. 75263. Vacuum steel insulated coffee carafes, of a kind used with deep ul-
                traviolet lithography machines.


  † S 1260 ES
                                    43
Sec. 75264. Vacuum steel insulated carafes for household coffee machines, of
                a kind used with deep ultraviolet lithography machines.
Sec. 75265. Vacuum steel bodies with inner and outer steel layers.
Sec. 75266. Lamp-holder housings of plastic.
Sec. 75267. 660 W, 125 V, lamp-holder with two 15 amp outlets.
Sec. 75268. Combination duplex receptacle/outlet and USB charger, 15–20
                amp, 125 V.
Sec. 75269. Range and dryer receptacles.
Sec. 75270. Residential grade receptacles.
Sec. 75271. Residential and commercial USB receptacles.
Sec. 75272. Power strips.
Sec. 75273. Surge protectors.
Sec. 75274. Programmable controllers for architectural lighting.
Sec. 75275. Electronic modular control panels for generators.
Sec. 75276. Power distribution modules and programmable controllers.
Sec. 75277. Glass capacitive touchscreen assemblies with LCD.
Sec. 75278. Lamps containing deuterium gas without radio-frequency identi-
                fication (RFID).
Sec. 75279. Lamps containing deuterium gas with radio-frequency identifica-
                tion (RFID).
Sec. 75280. Fiber channel coaxial cables of silver-plated copper conductors and
                expanded ePTFE dielectrics.
Sec. 75281. Insulated coaxial cables, of a kind used with deep ultraviolet lithog-
                raphy machines.
Sec. 75282. Coaxial cables insulated with ePTFE, vapor sealed, of a kind used
                with deep ultraviolet lithography machines.
Sec. 75283. Coaxial cables insulated with ePTFE, non-vapor sealed, of a kind
                used with deep ultraviolet lithography machines.
Sec. 75284. Low speed automotive ethernet USB harnesses.
Sec. 75285. High speed autolink cable USB harnesses.
Sec. 75286. Insulated electric conductors, of a kind used with extreme ultra-
                violet lithography machines.
Sec. 75287. Insulated electric conductors, of a kind used with deep ultraviolet
                lithography machines.
Sec. 75288. Insulated electric conductors, of a kind used with optical instru-
                ments.
Sec. 75289. Rings, blocks, and other insulating fittings of quartz.
Sec. 75290. Front tire splash guards for vehicles.
Sec. 75291. Rear tire splash guards for vehicles.
Sec. 75292. Automatic gear boxes.
Sec. 75293. Suspension systems (struts) for off-highway trucks.
Sec. 75294. Suspension system stabilizer bars.
Sec. 75295. Tie rod assemblies.
Sec. 75296. Used axle housings.
Sec. 75297. Used parts for power trains.
Sec. 75298. Front windshield covers.
Sec. 75299. Expansion chambers.
Sec. 75300. Bicycle racks for car roofs.
Sec. 75301. High pressure fuel injector rails.
Sec. 75302. Stand-up bicycles, having both wheels exceeding 63.5 cm in diame-
                ter.
Sec. 75303. Elliptical cycles, with wheels not exceeding 63.5 cm in diameter.
Sec. 75304. Bicycle frames, other than of steel, valued $600 or less.
Sec. 75305. Internal gear bicycle hubs, other than two or three speeds.
Sec. 75306. Bicycle pedals other than clipless pedals.

  † S 1260 ES
                                 44
Sec. 75307. Clipless bicycle pedals and parts thereof.
Sec. 75308. Carbon fiber bicycle seatposts.
Sec. 75309. Bicycle handlebar tape, other than silicon or leather tape.
Sec. 75310. Trailer cycles.
Sec. 75311. Dropper seatposts.
Sec. 75312. Bicycle fenders.
Sec. 75313. Bicycle handlebars.
Sec. 75314. Multi-functional steel carts.
Sec. 75315. Non-mechanically propelled industrial hand truck.
Sec. 75316. Moving dollies.
Sec. 75317. Paragliders, paraglider wings and paraglider harnesses.
Sec. 75318. Sailing catamarans and power catamarans.
Sec. 75319. Projection lenses.
Sec. 75320. Mounted optical lenses.
Sec. 75321. Objective lenses for broadcast cameras.
Sec. 75322. Objective lenses for cinema cameras.
Sec. 75323. Magnifying spectacles.
Sec. 75324. LCD television panel assemblies, with a video display measuring
                over 175.26 cm.
Sec. 75325. LCD television panel assemblies, with a video display measuring
                over 149.86 cm but not over 175.26 cm.
Sec. 75326. LCD television panel assemblies, with a video display measuring
                over 139.7 cm but not over 149.86 cm.
Sec. 75327. LCD television panel assemblies, with a video display measuring
                over 137.16 cm but not over 139.7 cm.
Sec. 75328. Housings designed for infrared lenses.
Sec. 75329. Electronic temperature indicators, weighing 14.2 g.
Sec. 75330. Electronic temperature indicators, weighing 64.4 g.
Sec. 75331. Electronic temperature indicators, weighing 430 g.
Sec. 75332. Global cargo trackers, weighing 660 g.
Sec. 75333. Temperature data monitors, weighing 115 g.
Sec. 75334. Temperature data monitors, weighing 138.9 g.
Sec. 75335. Temperature data monitors, weighing 133.2 g.
Sec. 75336. Parts and accessories of bicycle speedometers.
Sec. 75337. Wired remote controllers.
Sec. 75338. Analog/digital wrist watches.
Sec. 75339. Mechanical wrist watches.
Sec. 75340. Mechanical wrist watches with leather or other band.
Sec. 75341. Analog pocket watches.
Sec. 75342. Projection alarm clocks, non-atomic.
Sec. 75343. Projection atomic alarm clocks.
Sec. 75344. Analog wall clocks without thermometer, hygrometer, or barometer
                gauges.
Sec. 75345. Analog clocks with thermometer and hygrometer.
Sec. 75346. Atomic analog wall clocks.
Sec. 75347. Atomic digital clocks.
Sec. 75348. Analog kitchen timers.
Sec. 75349. Wrist watch movements having over one jewel and less than 7 jew-
                els.
Sec. 75350. Watch movements having over 7 jewels and under 17 jewels.
Sec. 75351. Watch cases or ‘‘bodies’’ over 41 mm in diameter.
Sec. 75352. Watch cases or ‘‘bodies’’ not over 41 mm in diameter.
Sec. 75353. Watch case bezels, backs, and centers.
Sec. 75354. Watch case parts.
Sec. 75355. Stainless steel watch bracelets.

  † S 1260 ES
                                     45
Sec. 75356. Watch dials.
Sec. 75357. Watch crowns.
Sec. 75358. Watch hands.
Sec. 75359. Acoustic guitars.
Sec. 75360. Console digital pianos.
Sec. 75361. Grand digital pianos.
Sec. 75362. Electronic 61-key keyboards.
Sec. 75363. Electric guitars and acoustic/electric guitars.
Sec. 75364. Memory foam travel pillows.
Sec. 75365. Lighting for wall installation.
Sec. 75366. Decorative bathroom fan assemblies (lighting fixtures) assemblies.
Sec. 75367. Metal household floor lamps.
Sec. 75368. Solar powered pathway lights, each measuring between 36.8 cm
                 and 42 cm in height.
Sec. 75369. Solar powered pathway lights, each measuring between 45 cm and
                 48 cm in height.
Sec. 75370. Exterior exit viewing lights, dual beam.
Sec. 75371. LED flameless candles.
Sec. 75372. Aquarium LED light strands.
Sec. 75373. LED light modules for bathroom fans/lights.
Sec. 75374. Aquarium LED light sticks.
Sec. 75375. Aquarium LED light strips.
Sec. 75376. Decorative votive candle holders.
Sec. 75377. Candle jar shades.
Sec. 75378. Non-electrical lighting.
Sec. 75379. Outdoor garden or patio torches of bamboo construction.
Sec. 75380. Outdoor garden or patio torches of non-bamboo construction.
Sec. 75381. Indoor oil lamps with base of glass or metal.
Sec. 75382. Outdoor garden torches for tabletop use.
Sec. 75383. Glass lens arrays for spotlights.
Sec. 75384. Lamp shades.
Sec. 75385. Galvanized steel LED downlight housing frames.
Sec. 75386. Aluminum cylinders for LED lighting fixtures.
Sec. 75387. Galvanized steel brackets and plates for LED lighting fixtures.
Sec. 75388. Aluminum LED downlight reflectors.
Sec. 75389. Outdoor garden torch replacement canisters.
Sec. 75390. Iris subassemblies for moving lights.
Sec. 75391. Zoom modules for automated moving lights.
Sec. 75392. Golf club heads for fairway woods.
Sec. 75393. Golf club shafts for putters.
Sec. 75394. Steel golf club shafts, other than for putters.
Sec. 75395. Golf club shaft assemblies.
Sec. 75396. Graphite driver golf club shafts, extra stiff flex.
Sec. 75397. Graphite hybrid golf club shafts, extra stiff flex.
Sec. 75398. Graphite irons golf club shafts, extra stiff flex.
Sec. 75399. Graphite driver golf club shafts, regular, senior, adult, or ladies
                 flex.
Sec. 75400. Graphite golf club driver shafts, stiff flex.
Sec. 75401. Graphite hybrid golf club shafts, regular, senior, adult, or ladies
                 flex.
Sec. 75402. Graphite hybrid golf club shafts, stiff flex.
Sec. 75403. Graphite irons golf club shafts, regular, senior, adult, or ladies flex.
Sec. 75404. Graphite irons golf club shafts, stiff flex.
Sec. 75405. Pickleball paddles.
Sec. 75406. Pickleballs.

   † S 1260 ES
                                   46
Sec. 75407. Exercise cycles.
Sec. 75408. Stationary trainers.
Sec. 75409. Multimodality fitness equipment, without integrated contact grip
                heart rate monitor.
Sec. 75410. Multimodality fitness equipment with integrated power sensor to
                measure the user’s upper body power input.
Sec. 75411. Parts and accessories for treadmills.
Sec. 75412. Parts and accessories for ellipticals.
Sec. 75413. Parts and accessories for stationary exercise cycles.
Sec. 75414. Parts and accessories for weight training equipment.
Sec. 75415. Parts and accessories for certain exercise equipment machines.
Sec. 75416. Lateral elliptical machines.
Sec. 75417. Adjustable-weight kettlebells.
Sec. 75418. Adjustable-weight barbell.
Sec. 75419. Exercise cycles with dual-position handgrips.
Sec. 75420. Exercise cycles with single handgrips.
Sec. 75421. Upright exercise cycles.
Sec. 75422. Recumbent exercise cycles with touchscreen consoles.
Sec. 75423. Leaning exercise cycles.
Sec. 75424. Rod gyms, with vertical bench.
Sec. 75425. Rod and resistance gyms, with flat benches.
Sec. 75426. Foldable treadmills, with LCD consoles with control keypads.
Sec. 75427. Foldable treadmills, with touchscreen consoles measuring 44.5 cm
                or less.
Sec. 75428. Indoor cycling machines with wireless data touchscreen displays.
Sec. 75429. Indoor cycling machines with LCD consoles and two water bottle
                holders.
Sec. 75430. Indoor cycling machines with LCD consoles and single water bottle
                holder.
Sec. 75431. Recumbent elliptical machines.
Sec. 75432. Fitness equipment combining the functions of an elliptical and a
                stair stepper, weight over 90 kgs.
Sec. 75433. Foldable treadmills with touchscreen console greater than 44.4 cm.
Sec. 75434. Interactive indoor cycling exercise cycles.
Sec. 75435. Multimodality fitness equipment, with integrated contact grip heart
                rate monitors.
Sec. 75436. Fishing reels valued not over $2.70 each, pre-spooled, with rod and
                fishing line.
Sec. 75437. Fishing reels valued not over $2.70 each.
Sec. 75438. Hard artificial crankbaits.
Sec. 75439. Collapsible big game decoys.
Sec. 75440. Vacuum steel hinged lid pitchers, not exceeding 1 liter.
Sec. 75441. Vacuum insulated drinkware having a capacity exceeding 1 liter
                but not exceeding 2 liters.
Sec. 75442. Vacuum insulated drinkware having a capacity exceeding 2 liters
                but not exceeding 4 liters.
Sec. 75443. Vacuum glass lined steel coffee servers over 2 liters.
Sec. 75444. Vacuum glass lined steel coffee servers over 2 liters with lever dis-
                pensing.

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

                         PART III—EFFECTIVE DATE

  † S 1260 ES
                                        47
     Sec. 75461. Effective date.

     Subtitle C—Reauthorization of American Manufacturing Competitiveness Act
                                     of 2016

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

               TITLE V—AUTHORIZATION OF APPROPRIATIONS

     Sec. 76001. Authorization of additional appropriations.

                         TITLE VI—CUSTOMS USER FEES

     Sec. 77001. Extension of customs user fees.

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

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

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

6    SEC. 1002. CREATING HELPFUL INCENTIVES TO PRODUCE

7                     SEMICONDUCTORS               (CHIPS)     FOR   AMERICA

8                     FUND.

9          (a) CHIPS FOR AMERICA FUND.—
10                (1) ESTABLISHMENT.—There is established in
11         the Treasury of the United States a fund to be
12         known as the ‘‘Creating Helpful Incentives to
13         Produce Semiconductors (CHIPS) for America
14         Fund’’ (referred to in this subsection as the
15         ‘‘Fund’’) for the Secretary of Commerce to carry out
16         sections 9902 and 9906 of the William M. (Mac)

       † S 1260 ES
                               48
 1      Thornberry National Defense Authorization Act for
 2      Fiscal Year 2021 (Public Law 116–283). Amounts
 3      in the Fund to carry out section 9906 of Public Law
 4      116–283 shall be transferred to and merged with ac
 5      counts within the Department of Commerce to be
 6      used for such purposes.
 7             (2) APPROPRIATION.—
 8                 (A) In addition to amounts otherwise avail-
 9             able for such purposes, there is appropriated to
10             the Fund established in subsection (a)(1), out
11             of amounts in the Treasury not otherwise ap-
12             propriated—
13                      (i)    for    fiscal    year     2022,
14                 $24,000,000,000, to remain available until
15                 expended, of which $19,000,000,000 shall
16                 be for section 9902 of Public Law 116–
17                 283, $2,000,000,000 shall be for sub-
18                 section (c) of section 9906 of Public Law
19                 116–283, $2,500,000,000 shall be for sub-
20                 section (d) of section 9906 of Public Law
21                 116–283, and $500,000,000 shall be for
22                 subsections (e) and (f) of section 9906 of
23                 Public Law 116–283;
24                      (ii)    for    fiscal   year     2023,
25                 $7,000,000,000 to remain available until


     † S 1260 ES
                               49
1                  expended, of which $5,000,000,000 shall
2                  be for section 9902 of Public Law 116–
3                  283 and $2,000,000,000 shall be for sub-
4                  sections (c), (d), (e), and (f) of section
5                  9906 of Public Law 116–283;
6                      (iii)    for   fiscal   year    2024,
7                  $6,300,000,000, to remain available until
8                  expended, of which $5,000,000,000 shall
9                  be for section 9902 of Public Law 116–
10                 283 and $1,300,000,000 shall be for sub-
11                 sections (c), (d), (e), and (f) of section
12                 9906 of Public Law 116–283;
13                     (iv)     for   fiscal   year    2025,
14                 $6,100,000,000, to remain available until
15                 expended, of which $5,000,000,000 shall
16                 be for section 9902 of Public Law 116–
17                 283 and $1,100,000,000 shall be for sub-
18                 sections (c), (d), (e), and (f) of section
19                 9906 of Public Law 116–283; and
20                     (v)     for    fiscal   year    2026,
21                 $6,800,000,000, to remain available until
22                 expended, of which $5,000,000,000 shall
23                 be for section 9902 of Public Law 116–
24                 283 and $1,800,000,000 shall be for sub-




     † S 1260 ES
                                 50
 1                     sections (c), (d), (e), and (f) of section
 2                     9906 of Public Law 116–283.
 3                     (B) In carrying out this subsection, the
 4             Secretary of Commerce may use up to 2 per-
 5             cent of the amounts made available in each fis-
 6             cal year for salaries and expenses, administra-
 7             tion,     and   oversight    purposes,   of   which
 8             $5,000,000 in each of fiscal years 2022 through
 9             2026 shall be transferred to the Office of In-
10             spector General of the Department of Com-
11             merce to oversee expenditures from the Fund.
12             (3) ASSISTANCE         FOR   MATURE   TECHNOLOGY

13      NODES.—

14                     (A) Of the amount available in fiscal year
15             2022 to implement section 9902 of Public Law
16             116–283, $2,000,000,000 shall be to provide
17             Federal financial assistance to covered entities
18             to incentivize investment in facilities and equip-
19             ment in the United States for the fabrication,
20             assembly, testing, or advanced packaging of
21             semiconductors at mature technology nodes.
22                     (B) In addition to the procedures, eligi-
23             bility, and considerations for review specified in
24             subsection 9902(a)(2) of Public Law 116–283,
25             in order to for an entity to qualify to receive


     † S 1260 ES
                                51
1              Federal financial assistance under this para-
2              graph, the covered entity shall—
3                       (i)(I) provide equipment or materials
4                  for the fabrication, assembly, testing, or
5                  advanced packaging of semiconductors at
6                  mature technology nodes in the United
7                  States; or
8                       (II) fabricate, assemble using ad-
9                  vanced packaging, or test semiconductors
10                 at mature technology nodes in the United
11                 States; and
12                      (ii) commit to using any Federal fi-
13                 nancial assistance received under this sec-
14                 tion to increase the production of semi-
15                 conductors at mature technology nodes.
16                 (C) ln addition to the considerations de-
17             scribed in subsection 9902(a)(2)(C) of Public
18             Law 116–283, in granting Federal financial as-
19             sistance under this paragraph, the Secretary
20             may consider whether a covered entity produces
21             or supplies equipment or materials used in the
22             fabrication, assembly, testing, or advanced
23             packaging of semiconductors at mature tech-
24             nology nodes that are necessary to support a
25             critical manufacturing industry.


     † S 1260 ES
                               52
1                  (D) ln awarding Federal financial assist-
2              ance to covered entities under this paragraph,
3              the Secretary shall give priority to covered enti-
4              ties that support the resiliency of semiconductor
5              supply chains for critical manufacturing indus-
6              tries in the United States.
7                  (E) In this paragraph, the term ‘‘critical
8              manufacturing industry’’—
9                       (i) means an industry that is assigned
10                 a North American Industry Classification
11                 System code beginning with 31, 32, or 33,
12                 and for which the industry components
13                 that are assigned a North American Indus-
14                 try Classification System code beginning
15                 with the same 4 digits as the industry—
16                           (I) manufacture primary prod-
17                      ucts and parts, the sum of which ac-
18                      count for not less than 5 percent of
19                      the manufacturing value added by in-
20                      dustry gross domestic product of the
21                      United States; and
22                           (II) employ individuals for pri-
23                      mary products and parts manufac-
24                      turing activities that, combined, ac-
25                      count for not less than 5 percent of


     † S 1260 ES
                               53
 1                       manufacturing employment in the
 2                       United States; and
 3                       (ii) may include any other manufac-
 4                 turing industry designated by the Sec-
 5                 retary based on the relevance of the manu-
 6                 facturing industry to the national and eco-
 7                 nomic security of the United States, in-
 8                 cluding the impacts of job losses.
 9                 (F) In this paragraph, the term ‘‘mature
10             technology node’’ has the meaning given the
11             term by the Secretary of Commerce.
12             (4) ALLOCATION AUTHORITY.—
13                 (A) SUBMISSION OF COST ESTIMATES.—
14             The President shall submit to Congress detailed
15             account, program, and project allocations of the
16             full amount made available under subsection
17             (a)(2)—
18                       (i) for fiscal year 2022, not later than
19                 90 days after the date of enactment of this
20                 Act; and
21                       (ii) for each fiscal year through 2026,
22                 as part of the annual budget submission of
23                 the President under section 1105(a) of
24                 title 31, United States Code.
25                 (B) ALTERNATE ALLOCATION.—


     † S 1260 ES
                             54
 1                     (i) IN GENERAL.—The Committees on
 2                 Appropriations of the House of Represent-
 3                 atives and the Senate may provide for al-
 4                 ternate allocation of amounts made avail-
 5                 able under subsection (a)(2), including by
 6                 account, program, and project.
7                      (ii) ALLOCATION BY PRESIDENT.—
8                           (I)   NO   ALTERNATE      ALLOCA-

 9                     TIONS.—If Congress has not enacted

10                     legislation establishing alternate allo-
11                     cations, including by account, pro-
12                     gram, and project, by the date on
13                     which the Act making full-year appro-
14                     priations for the Department of Com-
15                     merce, Justice, Science, and Related
16                     Agencies for the applicable fiscal year
17                     is enacted into law, only then shall
18                     amounts made available under sub-
19                     section (a)(2) be allocated by the
20                     President or apportioned or allotted
21                     by account, program, and project pur-
22                     suant to title 31, United States Code.
23                          (II) INSUFFICIENT       ALTERNATE

24                     ALLOCATION.—If Congress enacts leg-

25                     islation establishing alternate alloca-


     † S 1260 ES
                             55
 1                     tions, including by account, program,
 2                     and project, for amounts made avail-
 3                     able under subsection (a)(2) that are
 4                     less than the full amount appropriated
 5                     under that subsection, the difference
 6                     between the amount appropriated and
 7                     the alternate allocation shall be allo-
 8                     cated by the President and appor-
 9                     tioned and allotted by account, pro-
10                     gram, and project pursuant to title
11                     31, United States Code.
12      (b) CHIPS FOR AMERICA DEFENSE FUND.—
13             (1) ESTABLISHMENT.—There is established in
14      the Treasury of the United States a fund to be
15      known as the ‘‘Creating Helpful Incentives to
16      Produce Semiconductors (CHIPS) for America De-
17      fense Fund’’ (referred to in this subsection as the
18      ‘‘Fund’’) to provide for research, development, test
19      and evaluation, workforce development, and other re-
20      quirements that are unique to the Department of
21      Defense and the intelligence community, including
22      those requirements that are necessary to carry out
23      section 9903(b) of the William M. (Mac) Thornberry
24      National Defense Authorization Act for Fiscal Year
25      2021 (Public Law 116–283). Amounts in the Fund


     † S 1260 ES
                              56
1       shall be transferred to and merged with accounts
2       within the Department of Defense to be used for
3       such purposes. Amounts in the Fund or transferred
4       to and merged with accounts within the Department
5       of Defense may not be used for construction of fa-
6       cilities.
 7             (2) APPROPRIATION.—In addition to amounts
 8      otherwise available for such purposes, there is appro-
 9      priated to the Fund established in subsection (b)(1),
10      out of amounts in the Treasury not otherwise appro-
11      priated—
12                  (A) for fiscal year 2022, $400,000,000, to
13             remain available until September 30, 2022;
14                  (B) for fiscal year 2023, $400,000,000, to
15             remain available until September 30, 2023;
16                  (C) for fiscal year 2024, $400,000,000, to
17             remain available until September 30, 2024;
18                  (D) for fiscal year 2025, $400,000,000, to
19             remain available until September 30, 2025; and
20                  (E) for fiscal year 2026, $400,000,000, to
21             remain available until September 30, 2026.
22             (3) ALLOCATION AUTHORITY.—
23                  (A) SUBMISSION OF COST ESTIMATES.—
24             The President shall submit to Congress detailed
25             account, program element, and project alloca-


     † S 1260 ES
                               57
 1             tions of the full amount made available under
 2             subsection (b)(2)—
 3                     (i) for fiscal year 2022, not later than
 4                 90 days after the date of enactment of this
 5                 Act; and
 6                     (ii) for each fiscal year through 2026,
 7                 as part of the annual budget submission of
 8                 the President under section 1105(a) of
 9                 title 31, United States Code.
10                 (B) ALTERNATE ALLOCATION.—
11                     (i) IN GENERAL.—The Committees on
12                 Appropriations of the House of Represent-
13                 atives and the Senate may provide for al-
14                 ternate allocation of amounts made avail-
15                 able under subsection (b)(2), including by
16                 account, program element, and project.
17                     (ii) ALLOCATION BY PRESIDENT.—
18                            (I)   NO   ALTERNATE    ALLOCA-

19                     TIONS.—If Congress has not enacted

20                     legislation establishing alternate allo-
21                     cations, including by account, pro-
22                     gram element, and project, by the
23                     date on which the Act making full-
24                     year appropriations for the Depart-
25                     ment of Defense for the applicable fis-


     † S 1260 ES
                           58
1                   cal year is enacted into law, only then
2                   shall amounts made available under
3                   subsection (b)(2) be allocated by the
4                   President or apportioned or allotted
5                   by account, program element, and
6                   project pursuant to title 31, United
7                   States Code.
8                       (II) INSUFFICIENT       ALTERNATE

 9                  ALLOCATION.—If Congress enacts leg-

10                  islation establishing alternate alloca-
11                  tions, including by account, program
12                  element, and project, for amounts
13                  made    available   under    subsection
14                  (b)(2) that are less than the full
15                  amount appropriated under that sub-
16                  section, the difference between the
17                  amount appropriated and the alter-
18                  nate allocation shall be allocated by
19                  the President and apportioned and al-
20                  lotted by account, program element,
21                  and project pursuant to title 31,
22                  United States Code.
23       (c) CHIPS FOR AMERICA INTERNATIONAL TECH-
24   NOLOGY SECURITY AND INNOVATION FUND.—




      † S 1260 ES
                             59
 1             (1) ESTABLISHMENT.—There is established in
 2      the Treasury of the United States a fund to be
 3      known as the ‘‘Creating Helpful Incentives to
 4      Produce Semiconductors (CHIPS) for America
 5      International Technology Security and Innovation
 6      Fund’’ (referred to in this subsection as the
 7      ‘‘Fund’’) to provide for international information
 8      and communications technology security and semi-
 9      conductor supply chain activities, including to sup-
10      port the development and adoption of secure and
11      trusted    telecommunications   technologies,     secure
12      semiconductors,    secure    semiconductors       supply
13      chains, and other emerging technologies and to carry
14      out sections 9905 and 9202(a)(2) of the William M.
15      (Mac) Thornberry National Defense Authorization
16      Act for Fiscal Year 2021 (Public Law 116–283), as
17      appropriate. Amounts in the Fund shall be trans-
18      ferred by the Secretary of State to accounts within
19      the Department of State, the United States Agency
20      for International Development, the Export-Import
21      Bank, and the United States International Develop-
22      ment Finance Corporation, as appropriate, to be
23      used for such purposes and under the terms and
24      conditions of the account to which transferred.
25             (2) APPROPRIATION.—


     † S 1260 ES
                                60
1                  (A) In addition to amounts otherwise avail-
2              able for such purposes, there is appropriated to
3              the Fund established in subsection (c)(1), out
4              of amounts in the Treasury not otherwise ap-
5              propriated—
6                       (i) for fiscal year 2022, $100,000,000,
7                  to remain available until September 30,
8                  2026;
9                       (ii)    for    fiscal   year     2023,
10                 $100,000,000, to remain available until
11                 September 30, 2027;
12                      (iii)    for   fiscal   year     2024,
13                 $100,000,000, to remain available until
14                 September 30, 2028;
15                      (iv)     for   fiscal   year     2025,
16                 $100,000,000, to remain available until
17                 September 30, 2029; and
18                      (v)     for    fiscal   year     2026,
19                 $100,000,000, to remain available until
20                 September 30, 2030.
21                 (B) In carrying out this subsection, the
22             Secretary of State may use up to $5,000,000 of
23             the amounts made available in each fiscal year
24             for the Fund for salaries and expenses, admin-
25             istration, and oversight purposes, of which


     † S 1260 ES
                              61
 1             $500,000 in each of fiscal years 2022 through
 2             2026 shall be transferred to the Office of In-
 3             spector General of the Department of State to
 4             oversee expenditures under the Fund.
 5             (3) ALLOCATION AUTHORITY.—
 6                 (A) SUBMISSION OF COST ESTIMATES.—
 7             The President shall submit to Congress detailed
 8             account, program, project, and activity alloca-
 9             tions of the full amount made available under
10             subsection (c)(2)—
11                      (i) for fiscal year 2022, not later than
12                 90 days after the date of enactment of this
13                 Act; and
14                      (ii) for each fiscal year through 2026,
15                 as part of the annual budget submission of
16                 the President under section 1105(a) of
17                 title 31, United States Code.
18                 (B) ALTERNATE ALLOCATION.—
19                      (i) IN GENERAL.—The Committees on
20                 Appropriations of the House of Represent-
21                 atives and the Senate may provide for al-
22                 ternate allocation of amounts made avail-
23                 able under subsection (c)(2), including by
24                 account, program, project, and activity.
25                      (ii) ALLOCATION BY PRESIDENT.—


     † S 1260 ES
                          62
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


     † S 1260 ES
                                63
 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) EMERGENCY DESIGNATION.—
22             (1) IN GENERAL.—The amounts provided under
23      this section are designated as an emergency require-
24      ment pursuant to section 4(g) of the Statutory Pay-
25      As-You-Go Act of 2010 (2 U.S.C. 933(g)).


     † S 1260 ES
                               64
 1              (2) DESIGNATION IN SENATE.—In the Senate,
 2       this section is designated as an emergency require-
 3       ment pursuant to section 4112(a) of H. Con. Res.
 4       71 (115th Congress), the concurrent resolution on
 5       the budget for fiscal year 2018.
 6   SEC. 1003. APPROPRIATIONS FOR WIRELESS SUPPLY CHAIN

 7                  INNOVATION.

 8       (a)    DIRECT    APPROPRIATIONS.—In      addition   to
 9 amounts otherwise available for such purposes, there is
10 appropriated to the Public Wireless Supply Chain Innova-
11 tion Fund established under section 9202(a)(1) of the Wil-
12 liam M. (Mac) Thornberry National Defense Authoriza-
13 tion Act for Fiscal Year 2021 (Public Law 116–283), out
14 of amounts in the Treasury not otherwise appropriated,
15 $1,500,000,000 for fiscal year 2022, to remain available
16 through September 30, 2031.
17       (b) USE OF FUNDS, ADMINISTRATION, AND OVER-
18   SIGHT.—Of the amounts made available under subsection

19 (a)—
20              (1) not more than 5 percent of the amounts al-
21       located pursuant to subsection (c) in a given fiscal
22       year may be used by the Assistant Secretary of
23       Commerce for Communications and Information to
24       administer the programs funded from the Public
25       Wireless Supply Chain Innovation Fund; and


      † S 1260 ES
                                  65
 1             (2) not less than $2,000,000 per fiscal year
 2      shall be transferred to the Office of Inspector Gen-
 3      eral of the Department of Commerce for oversight
 4      related to activities conducted using amounts pro-
 5      vided under this section.
6       (c) ALLOCATION AUTHORITY.—
 7             (1) SUBMISSION          OF   COST   ESTIMATES.—The

 8      President shall submit to Congress detailed account,
 9      program, and project allocations of the amount rec-
10      ommended for allocation in a fiscal year from
11      amounts made available under subsection (a)—
12                   (A) for fiscal year 2022, not later than 90
13             days after the date of enactment of this Act;
14             and
15                   (B)   for    each      subsequent   fiscal   year
16             through 2031, as part of the annual budget
17             submission of the President under section
18             1105(a) of title 31, United States Code.
19             (2) ALTERNATE ALLOCATION.—
20                   (A) IN      GENERAL.—The       Committees on
21             Appropriations of the House of Representatives
22             and the Senate may provide for alternate allo-
23             cation of amounts recommended for allocation
24             in a given fiscal year from amounts made avail-




     † S 1260 ES
                              66
 1             able under subsection (a), including by account,
 2             program, and project.
3                  (B) ALLOCATION BY PRESIDENT.—
 4                      (i) NO ALTERNATE ALLOCATIONS.—If
 5                 Congress has not enacted legislation estab-
 6                 lishing alternate allocations, including by
 7                 account, program, and project, by the date
 8                 on which the Act making full-year appro-
 9                 priations for the Departments of Com-
10                 merce and Justice, Science, and Related
11                 Agencies for the applicable fiscal year is
12                 enacted into law, only then shall amounts
13                 recommended for allocation for that fiscal
14                 year from amounts made available under
15                 subsection (a) be allocated by the Presi-
16                 dent or apportioned or allotted by account,
17                 program, and project pursuant to title 31,
18                 United States Code.
19                      (ii) INSUFFICIENT ALTERNATE ALLO-
20                 CATION.—If Congress enacts legislation es-

21                 tablishing alternate allocations, including
22                 by account, program, and project, for
23                 amounts recommended for allocation in a
24                 given fiscal year from amounts made avail-
25                 able under subsection (a) that are less


     † S 1260 ES
                              67
 1                 than the full amount recommended for al-
 2                 location for that fiscal year, the difference
 3                 between the amount recommended for allo-
 4                 cation and the alternate allocation shall be
 5                 allocated by the President and apportioned
 6                 and allotted by account, program, and
 7                 project pursuant to title 31, United States
 8                 Code.
 9      (d) SEQUESTRATION.—Section 255(g)(1)(A) of the
10 Balanced Budget and Emergency Deficit Control Act of
11 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting
12 after ‘‘Postal Service Fund (18–4020–0–3–372).’’ the fol-
13 lowing:
14                 ‘‘Public Wireless Supply Chain Innovation
15             Fund.’’.
16      (e) EMERGENCY DESIGNATION.—
17             (1) IN GENERAL.—The amounts provided under
18      this section are designated as an emergency require-
19      ment pursuant to section 4(g) of the Statutory Pay-
20      As-You-Go Act of 2010 (2 U.S.C. 933(g)).
21             (2) DESIGNATION IN SENATE.—In the Senate,
22      this section is designated as an emergency require-
23      ment pursuant to section 4112(a) of H. Con. Res.
24      71 (115th Congress), the concurrent resolution on
25      the budget for fiscal year 2018.


     † S 1260 ES
                                        68
1                DIVISION B—ENDLESS
2                   FRONTIER ACT
3   SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I—NSF TECHNOLOGY AND INNOVATION

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

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

    Sec. 2201. Chief Diversity Officer of the NSF.
    Sec. 2202. Programs to address the STEM workforce.
    Sec. 2203. Emerging research institution pilot program.
    Sec. 2204. Personnel management authorities for the Foundation.
    Sec. 2205. Advanced Technological Manufacturing Act.
    Sec. 2206. Intramural emerging institutions pilot program.
    Sec. 2207. Public-private partnerships.
    Sec. 2208. AI Scholarship-for-Service Act.

      † S 1260 ES
                                   69
Sec. 2209. Geographic diversity.
Sec. 2210. Rural STEM Education Act.
Sec. 2211. Quantum Network Infrastructure and Workforce Development Act.
Sec. 2212. Supporting Early-Career Researchers Act.
Sec. 2213. Advancing Precision Agriculture Capabilities Act.
Sec. 2214. Critical minerals mining research.
Sec. 2215. Caregiver policies.
Sec. 2216. Presidential awards.
Sec. 2217. Bioeconomy Research and Development Act of 2021.
Sec. 2218. Microgravity utilization policy.

                    TITLE III—RESEARCH SECURITY

Sec. 2301. National Science Foundation research security.
Sec. 2302. Research security and integrity information sharing analysis organi-
                zation.
Sec. 2303. Foreign government talent recruitment program prohibition.
Sec. 2304. Additional requirements for Directorate research security.
Sec. 2305. Protecting research from cyber theft.
Sec. 2306. International standards development.
Sec. 2307. Research funds accounting.
Sec. 2308. Plan with respect to sensitive or controlled information and back-
                ground screening.

            TITLE IV—REGIONAL INNOVATION CAPACITY

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

                       TITLE V—MISCELLANEOUS

Sec. 2501. Strategy and report on economic security, science, research, and in-
                novation to support the national security strategy.
Sec. 2502. Person or entity of concern prohibition.
Sec. 2503. Study on emerging science and technology challenges faced by the
                United States and recommendations to address them.
Sec. 2504. Report on global semiconductor shortage.
Sec. 2505. Supply chain resiliency program.
Sec. 2506. Semiconductor incentives.
Sec. 2507. Research Investment to Spark the Economy Act.
Sec. 2508. Office of Manufacturing and Industrial Innovation Policy.
Sec. 2509. Telecommunications Workforce Training Grant Program.
Sec. 2510. Country Of Origin Labeling Online Act.
Sec. 2511. Country of origin labeling for king crab and tanner crab.
Sec. 2512. Internet exchanges and submarine cables.
Sec. 2513. Study of sister city partnerships operating within the United States
                involving foreign communities in countries with significant pub-
                lic sector corruption.
Sec. 2514. Prohibition on transfer, assignment, or disposition of construction
                permits and station licenses to entities subject to undue influ-
                ence by the Chinese Communist Party or the Government of
                the People’s Republic of China.


  † S 1260 ES
                                  70
Sec. 2515. Limitation on nuclear cooperation with the People’s Republic of
                China.
Sec. 2516. Certification.
Sec. 2517. Fairness and due process in standards-setting bodies.
Sec. 2518. Shark fin sales elimination.
Sec. 2519. Sense of Congress on forced labor.
Sec. 2520. Open network architecture.
Sec. 2521. Combatting sexual harassment in science.
Sec. 2522. National Science Corps.
Sec. 2523. Annual report on foreign research.
Sec. 2524. Accelerating Unmanned Maritime Systems Research.
Sec. 2525. Foundation funding to institutions hosting or supporting confucius
                institutes.
Sec. 2526. Supporting documents.
Sec. 2527. BASIC Research.
Sec. 2528. Foundation for Energy Security and Innovation.

                       TITLE VI—SPACE MATTERS

                           Subtitle A—SPACE Act

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

Subtitle B—National Aeronautics and Space Administration Authorization Act

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

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

            PART II—HUMAN SPACEFLIGHT AND EXPLORATION

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



  † S 1260 ES
                                   71
Sec. 2627. Payments received for commercial space-enabled production on the
                ISS.
Sec. 2628. Stepping stone approach to exploration.
Sec. 2629. Technical amendments relating to Artemis missions.

                             PART III—SCIENCE
Sec. 2631. Science priorities.
Sec. 2632. Lunar discovery program.
Sec. 2633. Search for life.
Sec. 2634. James Webb Space Telescope.
Sec. 2635. Nancy Grace Roman Space Telescope.
Sec. 2636. Study on satellite servicing for science missions.
Sec. 2637. Earth science missions and programs.
Sec. 2638. Life science and physical science research.
Sec. 2639. Science missions to Mars.
Sec. 2640. Planetary Defense Coordination Office.
Sec. 2641. Suborbital science flights.
Sec. 2642. Earth science data and observations.
Sec. 2643. Sense of Congress on small satellite science.
Sec. 2644. Sense of Congress on commercial space services.
Sec. 2645. Procedures for identifying and addressing alleged violations of sci-
                entific integrity policy.

                           PART IV—AERONAUTICS

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

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

                       PART VI—STEM ENGAGEMENT

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

                PART VII—WORKFORCE AND INDUSTRIAL BASE

Sec. 2665. Appointment and compensation pilot program.
Sec. 2666. Establishment of multi-institution consortia.
Sec. 2667. Expedited access to technical talent and expertise.


  † S 1260 ES
                                        72
     Sec. 2668. Report on industrial base for civil space missions and operations.
     Sec. 2669. Separations and retirement incentives.
     Sec. 2670. Confidentiality of medical quality assurance records.

                       PART VIII—MISCELLANEOUS PROVISIONS
     Sec. 2671. Contracting authority.
     Sec. 2672. Authority for transaction prototype projects and follow-on produc-
                      tion contracts.
     Sec. 2673. Protection of data and information from public disclosure.
     Sec. 2674. Physical security modernization.
     Sec. 2675. Lease of non-excess property.
     Sec. 2676. Cybersecurity.
     Sec. 2677. Limitation on cooperation with the People’s Republic of China.
     Sec. 2678. Consideration of issues related to contracting with entities receiving
                      assistance from or affiliated with the People’s Republic of
                      China.
     Sec. 2679. Small satellite launch services program.
     Sec. 2680. 21st century space launch infrastructure.
     Sec. 2681. Missions of national need.
     Sec. 2682. Drinking water well replacement for Chincoteague, Virginia.
     Sec. 2683. Passenger carrier use.
     Sec. 2684. Use of commercial near-space balloons.
     Sec. 2685. President’s Space Advisory Board.
     Sec. 2686. Initiative on technologies for noise and emissions reductions.
     Sec. 2687. Remediation of sites contaminated with trichloroethylene.
     Sec. 2688. Review on preference for domestic suppliers.
     Sec. 2689. Report on use of commercial spaceports licensed by the Federal
                      Aviation Administration.
     Sec. 2690. Active orbital debris mitigation.
     Sec. 2691. Study on commercial communications services.

1    SEC. 2002. DEFINITIONS.

2          Unless otherwise specified, in this division:
 3                (1) APPRENTICESHIP.—The term ‘‘apprentice-
 4         ship’’ means an apprenticeship registered under the
 5         Act of August 16, 1937 (commonly known as the
 6         ‘‘National Apprenticeship Act’’; 50 Stat. 664, chap-
 7         ter 663; 29 U.S.C. 50 et seq.) that meets the stand-
 8         ards of subpart A of part 29 and part 30 of title 29,
 9         Code of Federal Regulations.
10                (2) DIRECTOR.—The term ‘‘Director’’ means
11         the Director of the National Science Foundation.

       † S 1260 ES
                             73
 1             (3) DIRECTORATE.—The term ‘‘Directorate’’
 2      means the Directorate for Technology and Innova-
 3      tion established under section 2102.
 4             (4) EMERGING RESEARCH INSTITUTION.—The
 5      term ‘‘emerging research institution’’ means an in-
 6      stitution of higher education with an established un-
 7      dergraduate or graduate program that has, on aver-
 8      age for the 3 years prior to an application for an
 9      award under this division, received less than
10      $50,000,000 in Federal research funding.
11             (5) EPSCOR.—The term ‘‘EPSCoR’’ means
12      the Established Program to Stimulate Competitive
13      Research under section 113 of the National Science
14      Foundation Authorization Act of 1988 (42 U.S.C.
15      1862g).
16             (6) FOUNDATION.—The term ‘‘Foundation’’
17      means the National Science Foundation.
18             (7) HISTORICALLY BLACK COLLEGE OR UNI-
19      VERSITY.—The     term ‘‘historically Black college or
20      university’’ has the meaning given the term ‘‘part B
21      institution’’ in section 322 of the Higher Education
22      Act of 1965 (20 U.S.C. 1061).
23             (8) INSTITUTION OF HIGHER EDUCATION.—The
24      term ‘‘institution of higher education’’ has the




     † S 1260 ES
                              74
 1       meaning given the term in section 101 of the Higher
 2       Education Act of 1965 (20 U.S.C. 1001).
 3              (9) KEY   TECHNOLOGY     FOCUS    AREAS.—The

 4       term ‘‘key technology focus areas’’ means the areas
 5       included on the most recent list under section 2005.
 6              (10) MINORITY-SERVING        INSTITUTION.—The

 7       term ‘‘minority-serving institution’’ means an insti-
 8       tution described in section 371(a) of the Higher
 9       Education Act of 1965 (20 U.S.C. 1067q(a)).
10              (11) NATIONAL LABORATORY.—The term ‘‘Na-
11       tional Laboratory’’, without respect to capitalization,
12       has the meaning given the term in section 2 of the
13       Energy Policy Act of 2005 (42 U.S.C. 15801).
14              (12) STEM.—The term ‘‘STEM’’ means the
15       academic and professional disciplines of science,
16       technology, engineering, and mathematics, including
17       computer science.
18   SEC. 2003. SENSE OF CONGRESS.

19       It is the sense of Congress that—
20              (1) the National Science Foundation, the De-
21       partment of Energy and its National Laboratories,
22       and other key Federal agencies have carried out
23       vital work supporting basic and applied research to
24       create knowledge that is a key driver of the economy




      † S 1260 ES
                                 75
 1      of the United States and a critical component of na-
 2      tional security;
 3             (2) openness to diverse perspectives and a focus
 4      on freedom from censorship and political bias will
 5      continue to make educational and research institu-
 6      tions in the United States beacons to thousands of
 7      students from across the world;
 8             (3) increasing research and technology transfer
 9      investments, building regional capacity and reducing
10      geographic disparity, strengthening supply chains,
11      and increasing capabilities in key technology focus
12      areas will enhance the competitive advantage and
13      leadership of the United States in the global econ-
14      omy;
15             (4) the Federal Government must utilize the
16      full talent and potential of the entire Nation by
17      avoiding undue geographic concentration of research
18      and education funding, encouraging broader partici-
19      pation of populations underrepresented in STEM,
20      and collaborating with non-government partners to
21      ensure the leadership of the United States in techno-
22      logical innovation; and
23             (5) authorization and funding for investments
24      in research, education, technology transfer, intellec-
25      tual       property,   manufacturing,   and   other   core


     † S 1260 ES
                                76
 1       strengths of the United States innovation ecosystem,
 2       including at the National Science Foundation and
 3       the Department of Energy, should be done on a bi-
 4       partisan basis.
 5   SEC. 2004. INTERAGENCY WORKING GROUP.

 6       (a) ESTABLISHMENT.—The Director of the Office of
 7 Science and Technology Policy, acting through the Na-
 8 tional Science and Technology Council, shall establish or
 9 designate an interagency working group to coordinate the
10 activities specified in subsection (c).
11       (b) COMPOSITION.—The interagency working group
12 shall be composed of the following members (or their des-
13 ignees), who may be organized into subcommittees, as ap-
14 propriate:
15               (1) The Secretary of Commerce.
16               (2) The Director of the National Science Foun-
17       dation.
18               (3) The Secretary of Energy.
19               (4) The Secretary of Defense.
20               (5) The Director of the National Economic
21       Council.
22               (6) The Director of the Office of Management
23       and Budget.
24               (7) The Secretary of Health and Human Serv-
25       ices.


      † S 1260 ES
                                77
 1              (8) The Administrator of the National Aero-
 2       nautics and Space Administration.
 3              (9) The Secretary of Agriculture.
 4              (10) The Director of National Intelligence.
 5              (11) The Director of the Federal Bureau of In-
 6       vestigation.
 7              (12) Such other Federal officials as the Direc-
 8       tor of the Office of Science and Technology Policy
 9       considers appropriate, including members of the Na-
10       tional Science and Technology Council Committee on
11       Technology.
12       (c) COORDINATION.—The interagency working group
13 shall seek to ensure that the activities of different Federal
14 agencies enhance and complement, but, as appropriate, do
15 not duplicate, efforts being carried out by another Federal
16 agency, with a focus on—
17              (1) the activities of the National Science Foun-
18       dation Technology and Innovation Directorate in the
19       key technology focus areas, such as within the inno-
20       vation centers under section 2104 and test beds
21       under section 2108 under this division;
22              (2) the activities of the Department of Com-
23       merce under this division, including regional tech-
24       nology hubs under section 28 of the Stevenson-
25       Wydler Act of 1980 (15 U.S.C. 13701 et seq.), as


      † S 1260 ES
                              78
 1      added by section 2401 of this division, the Manufac-
 2      turing USA Program established under section
 3      34(b)(1) of the National Institute of Standards and
 4      Technology Act (15 U.S.C. 278s(b)(1)), and the
 5      Hollings Manufacturing Extension Partnership;
 6             (3) the activities of the Department of Energy
 7      in the key technology focus areas, including at the
 8      national laboratories, and at Federal laboratories, as
 9      defined in section 4 of the Stevenson-Wydler Tech-
10      nology Innovation Act of 1980 (15 U.S.C. 3703),
11      and facilities and user facilities operated in partner-
12      ship with such national laboratories or the Depart-
13      ment of Energy; and
14             (4) any other program that the Director of the
15      Office of Science and Technology Policy determines
16      involves research and development with respect to
17      the key technology focus areas.
18      (d)    REPORT.—The      interagency    working   group
19 shall—
20             (1) by not later than 180 days after the date
21      of enactment of this division—
22                 (A) conduct an initial review of Federal
23             programs and resources with respect to the key
24             technology focus areas identified pursuant to
25             section 2005(a), in order to—


     † S 1260 ES
                                 79
 1                        (i) assess current level of efforts and
 2                  characterize existing research infrastruc-
 3                  ture, as of the date of the review;
 4                        (ii) identify potential areas of overlap
 5                  or duplication with respect to the key tech-
 6                  nology focus areas; and
 7                        (iii) identify potential cross-agency
 8                  collaborations and joint funding opportuni-
 9                  ties; and
10                  (B) submit a report regarding the review
11              described in subparagraph (A) to Congress; and
12                  (C)   seek   stakeholder   input      and   rec-
13              ommendations in the course of such review; and
14              (2) shall carry out the annual reviews and up-
15       dates required under section 2005.
16       (e) CONFLICTS.—If any conflicts between Federal
17 agencies arise while carrying out the activities under this
18 section, the President shall make the final decision regard-
19 ing resolution of the conflict.
20   SEC. 2005. KEY TECHNOLOGY FOCUS AREAS.

21       (a) IN GENERAL.—
22              (1) INITIAL LIST.—The initial key technology
23       focus areas are:
24                  (A) Artificial intelligence, machine learn-
25              ing, autonomy, and related advances.


      † S 1260 ES
                                80
1                  (B) High performance computing, semi-
2              conductors, and advanced computer hardware
3              and software.
4                  (C) Quantum information science and
5              technology.
6                  (D) Robotics, automation, and advanced
7              manufacturing.
8                  (E) Natural and anthropogenic disaster
9              prevention or mitigation.
10                 (F) Advanced communications technology
11             and immersive technology.
12                 (G) Biotechnology, medical technology,
13             genomics, and synthetic biology.
14                 (H) Data storage, data management, dis-
15             tributed ledger technologies, and cybersecurity,
16             including biometrics.
17                 (I) Advanced energy and industrial effi-
18             ciency technologies, such as batteries and ad-
19             vanced nuclear technologies, including but not
20             limited to for the purposes of electric generation
21             (consistent with section 15 of the National
22             Science Foundation Act of 1950 (42 U.S.C.
23             1874).
24                 (J) Advanced materials science, including
25             composites and 2D materials.


     † S 1260 ES
                              81
 1             (2) REVIEW AND UPDATES.—The Director and
 2      the Secretary of Energy, in coordination with the
 3      interagency working group established under section
 4      2004 and in consultation with the Director of Na-
 5      tional Intelligence and the Director of the Federal
 6      Bureau of Investigation, shall annually review, and
 7      update as required, the list of key technology focus
 8      areas for purposes of this division.
 9      (b) ANNUAL REVIEW.—As part of the annual review
10 and update process required by section 2005(a)(2), the
11 Director of the National Science Foundation and the Sec-
12 retary of Energy, in coordination with the interagency
13 working group established under section 2004—
14             (1) shall consider input from relevant indus-
15      tries;
16             (2) may consider the challenges and rec-
17      ommendations identified in the report required by
18      section 2503 and in other relevant reports, such as
19      technology and global trend reports from the defense
20      and intelligence communities;
21             (3) shall consider the potential impact of the
22      key technology focus areas on addressing national
23      challenges,    including   competitive   and   security
24      threats to the United States and to United States
25      industries, including agriculture; and


     † S 1260 ES
                                82
 1              (4) subject to the limitation under subsection
 2       (c), may add or delete key technology focus areas in
 3       light of shifting national needs or competitive
 4       threats to the United States (including for reasons
 5       of the United States or other countries having ad-
 6       vanced or fallen behind in a technological area).
 7       (c) LIMIT ON KEY TECHNOLOGY FOCUS AREAS.—
 8 Not more than 10 key technology focus areas shall be in-
 9 cluded on the list of key technology focus areas at any
10 time. Engineering and exploration relevant to the other
11 key technology focus areas described in this section shall
12 be considered part of the relevant key technology focus
13 area.
14       (d) REPORTING.—At the conclusion of the annual re-
15 view and update process required by section 2005(a)(2),
16 the Director and the Secretary of Energy shall deliver a
17 report to Congress detailing—
18              (1) the key technology focus areas and rationale
19       for their selection;
20              (2) the role of the Foundation, the Department
21       of Energy, and other Federal entities, as relevant, in
22       advancing the key technology focus areas; and
23              (3) the impact, including to the academic re-
24       search community, of any changes to the key tech-
25       nology focus areas.


      † S 1260 ES
                                 83
 1        (e) DETAILED DESCRIPTION.—The National Science
 2 Foundation and the Department of Energy shall, in co-
 3 ordination with the Office of Management and Budget,
 4 submit as part of their annual budget requests to Con-
 5 gress, a detailed description of the activities to be funded
 6 under this division, including an explanation of how the
 7 requested funding is complementary and not redundant of
 8 programs, efforts, and infrastructure undertaken or sup-
 9 ported by other relevant Federal agencies.
10        (f) NATIONAL ACADEMIES.—Not later than 5 years
11 after the date of enactment of this division, the Director
12 shall contract with the National Academies of Sciences,
13 Engineering, and Medicine to conduct a review of the key
14 technology focus areas, including whether Federal invest-
15 ment in the key technology focus areas have resulted in
16 new domestic manufacturing capacity and job creation.
17   TITLE I—NSF TECHNOLOGY AND
18           INNOVATION
19   SEC. 2101. DEFINITIONS.

20        In this title:
21               (1) DESIGNATED COUNTRY.—
22                   (A) IN GENERAL.—The term ‘‘designated
23               country’’—
24                         (i) except as provided in clause (ii),
25                   means—


       † S 1260 ES
                              84
 1                           (I) Australia;
 2                           (II) Canada;
 3                           (III) New Zealand;
 4                           (IV) the United Kingdom;
 5                           (V) the State of Israel;
 6                           (VI) Taiwan; and
 7                           (VII) any other country that has
 8                      been approved and designated in writ-
 9                      ing by the President for purposes of
10                      this division, after providing—
11                                 (aa) not less than 30 days of
12                           advance notification and expla-
13                           nation to the relevant congres-
14                           sional committees before the des-
15                           ignation; and
16                                 (bb) in-person briefings to
17                           such committees, if requested
18                           during the 30-day advance notifi-
19                           cation period described in item
20                           (aa); and
21                      (ii) excludes any country that takes
22                 actions to boycott, divest from, or sanction
23                 Israel.
24                 (B) ACTIONS TO BOYCOTT, DIVEST FROM,
25             OR SANCTION ISRAEL.—For        purposes of sub-


     † S 1260 ES
                               85
1              paragraph (A)(ii), the term ‘‘actions to boycott,
2              divest from, or sanction Israel’’ has the mean-
3              ing given such term in section 102(b)(20)(B) of
4              the Bipartisan Congressional Trade Priorities
5              and Accountability Act of 2015 (19 U.S.C.
6              4201(b)(20)(B)).
 7             (2) LABOR ORGANIZATION.—The term ‘‘labor
 8      organization’’ has the meaning given the term in
 9      section 2(5) of the National Labor Relations Act (29
10      U.S.C. 152(5)), except that such term shall also in-
11      clude—
12                 (A) any organization composed of labor or-
13             ganizations, such as a labor union federation or
14             a State or municipal labor body; and
15                 (B) any organization which would be in-
16             cluded in the definition for such term under
17             such section 2(5) but for the fact that the orga-
18             nization represents—
19                      (i) individuals employed by the United
20                 States, any wholly owned Government cor-
21                 poration, any Federal Reserve Bank, or
22                 any State or political subdivision thereof;
23                      (ii) individuals employed by persons
24                 subject to the Railway Labor Act (45
25                 U.S.C. 151 et seq.); or


     † S 1260 ES
                               86
 1                       (iii) individuals employed as agricul-
 2                  tural laborers.
 3              (3) NATIONAL LABORATORY.—The term ‘‘Na-
 4       tional Laboratory’’ has the meaning given the term
 5       in section 2 of the Energy Policy Act of 2005 (42
 6       U.S.C. 15801).
 7              (4) TRIBAL   COLLEGE OR UNIVERSITY.—The

 8       term ‘‘Tribal College or University’’ has the meaning
 9       given the term in section 316(b)(3) of the Higher
10       Education Act of 1965 (20 U.S.C. 1059c(b)(3)).
11   SEC. 2102. DIRECTORATE ESTABLISHMENT AND PURPOSE.

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

14 appropriations and not later than 180 days after the date
15 of enactment of this division, the Director shall establish
16 a Directorate for Technology and Innovation in the Foun-
17 dation.
18       (b) PURPOSES.—The Directorate shall further the
19 following purposes:
20              (1) Strengthening the leadership of the United
21       States in critical technologies, including as relevant
22       to the critical national needs described in section
23       7018 of the America COMPETES Act (42 U.S.C.
24       1862o–5).




      † S 1260 ES
                              87
1              (2) Addressing and mitigating technology chal-
2       lenges integral to the geostrategic position of the
3       United States through the activities authorized by
4       this title.
5              (3) Enhancing the competitiveness of the
6       United States by improving education in the key
7       technology focus areas and attracting more students
8       to such areas at all levels of education.
9              (4) Accelerating the translation and develop-
10      ment of scientific advances in the key technology
11      focus areas into processes and products in the
12      United States.
13             (5) Utilizing the full potential of the United
14      States workforce by avoiding undue geographic con-
15      centration of research and development and edu-
16      cation funding across the United States, and encour-
17      aging broader participation in the key technology
18      focus areas by populations underrepresented in
19      STEM.
20             (6) Ensuring the programmatic work of the Di-
21      rectorate and Foundation incorporates a workforce
22      perspective from labor organizations and workforce
23      training organizations.
24      (c) ACTIVITIES.—The Directorate—




     † S 1260 ES
                               88
1              (1) shall support basic and applied research,
2       and technology development of such research, includ-
3       ing through awards to individual researchers, enti-
4       ties, or consortia and through diverse funding mech-
5       anisms and models;
6              (2) shall identify and develop opportunities to
7       coordinate and collaborate on research, development,
8       and commercialization—
9                  (A) with other directorates and offices of
10             the Foundation;
11                 (B) with stakeholders in academia, the pri-
12             vate sector, and nonprofit entities; and
13                 (C) with other Federal research agencies,
14             as well as State and local governments;
15             (3) shall provide awards for research and devel-
16      opment projects designed to achieve specific tech-
17      nology metrics or objectives;
18             (4) may support research and technology devel-
19      opment infrastructure, including testbeds, to ad-
20      vance the development, operation, integration, and
21      deployment of innovation;
22             (5) shall identify and develop opportunities to
23      reduce barriers for technology transfer, including in-
24      tellectual property frameworks between academia




     † S 1260 ES
                               89
 1      and industry, nonprofit entities, and the venture
 2      capital communities;
 3             (6) shall build capacity for research at institu-
 4      tions of higher education across the United States;
 5             (7) shall partner with other directorates and of-
 6      fices of the Foundation for projects or research, in-
 7      cluding—
 8                 (A) to pursue basic questions about nat-
 9             ural, human, and physical phenomena that
10             could enable advances in the key technology
11             focus areas;
12                 (B) to study questions that could affect
13             the design (including human interfaces), safety,
14             security, operation, deployment, or the social
15             and ethical consequences of technologies in the
16             key technology focus areas, including the devel-
17             opment of technologies that complement or en-
18             hance the abilities of workers and impact of
19             specific innovations on domestic jobs and equi-
20             table opportunity; and
21                 (C) to further the creation of a domestic
22             workforce capable of advancing, using, and
23             adapting to key technology focus areas and un-
24             derstanding and improving the impact of key
25             technology focus areas on STEM teaching and


     † S 1260 ES
                              90
 1             learning by advancing the key technology focus
 2             areas, including engaging relevant partners in
 3             research and innovation programs;
 4             (8) may make awards under the SBIR and
 5      STTR programs (as defined in section 9(e) of the
 6      Small Business Act (15 U.S.C. 638(e)); and
 7             (9) may enter into and perform such contracts,
 8      make such financial assistance awards, carry out
 9      such other transactions, or make such other ar-
10      rangements, or modifications thereof, as may be nec-
11      essary in the conduct of the work of the Directorate
12      and on such terms as the Director considers appro-
13      priate, in furtherance of the purposes of this title.
14      (d) ASSISTANT DIRECTOR.—
15             (1) APPOINTMENT.—The Director shall appoint
16      an Assistant Director for the Directorate, in the
17      same manner as other Assistant Directors of the
18      Foundation are appointed.
19             (2) QUALIFICATIONS.—Each Assistant Director
20      for the Directorate shall be an individual, who by
21      reason of professional background and experience, is
22      specially qualified to advise the Foundation on all
23      matters pertaining to research, development, and
24      commercialization at the Foundation, including part-




     † S 1260 ES
                                91
 1       nerships with the private sector and other users of
 2       Foundation funded research.
 3       (e) CONSIDERATIONS.—After completion of the stud-
 4 ies regarding emerging technologies conducted by the Sec-
 5 retary of Commerce under title XV of division FF of the
 6 Consolidated Appropriations Act, 2021 (Public Law 116–
 7 260), the Director shall consider the results of such stud-
 8 ies in carrying out the activities of the Directorate.
 9   SEC. 2103. PERSONNEL MANAGEMENT.

10       (a) PERSONNEL.—The Director shall establish and
11 maintain within the Directorate a staff with sufficient
12 qualifications and expertise to enable the Directorate to
13 carry out its responsibilities under this title.
14       (b) PROGRAM DIRECTORS.—
15              (1) DESIGNATION.—The Director may des-
16       ignate employees to serve as program directors for
17       the programs established within the Directorate pur-
18       suant to the responsibilities established under para-
19       graph (2). The Director shall ensure that program
20       directors—
21                  (A) have expertise in the key technology
22              focus areas; and
23                  (B) come from a variety of backgrounds,
24              including industry, and from a variety of insti-
25              tutions of higher education.


      † S 1260 ES
                              92
 1             (2) RESPONSIBILITIES.—A program director of
 2      a program of the Directorate shall be responsible
 3      for—
 4                 (A) establishing research and development
 5             goals for the program, including through the
 6             convening of workshops and conferring with
 7             outside experts and by publicizing the goals of
 8             the program to the public and private sectors;
 9                 (B) soliciting proposals from entities to
10             conduct research in areas of particular promise
11             within key technology focus areas, especially
12             areas that the private sector or the Federal
13             Government are not likely to undertake alone;
14                 (C) identifying areas for research and de-
15             velopment;
16                 (D) building research collaborations for
17             carrying out the program;
18                 (E) reviewing applications for projects to
19             be supported under the program, and consid-
20             ering—
21                      (i) the novelty and scientific and tech-
22                 nical merit of the proposed projects;
23                      (ii) broader impacts criteria under
24                 section 526 of the National Science Foun-




     † S 1260 ES
                               93
 1                 dation Authorization Act of 2010 (42
 2                 U.S.C. 1862p–14);
 3                       (iii) the demonstrated capabilities of
 4                 the applicants to successfully carry out the
 5                 proposed project;
 6                       (iv) the consideration by the applicant
 7                 of future commercial applications of the
 8                 project,    including   the   feasibility   of
 9                 partnering with 1 or more commercial enti-
10                 ties; and
11                       (v) such other criteria as are estab-
12                 lished by the Director; and
13                 (F) monitoring the progress of projects
14             supported under the program and recom-
15             mending program restructure or termination, as
16             needed.
17             (3) TERMS.—Program directors of the Direc-
18      torate may be appointed by the Director for a lim-
19      ited term, renewable at the discretion of the Direc-
20      tor.
21      (c) SELECTION CRITERIA AND REPORT.—
22             (1) PEER REVIEW.—The Directorate may use a
23      peer review process to inform the selection of award
24      recipients.




     † S 1260 ES
                                94
 1              (2) REPORT.—Not later than 18 months after
 2       the establishment of the Directorate, the Director
 3       shall prepare and submit a report to Congress re-
 4       garding the use of alternative methods for the selec-
 5       tion of award recipients and the distribution of fund-
 6       ing to recipients, as compared to the traditional peer
 7       review process.
 8       (d) RULE OF CONSTRUCTION.—Nothing in this sec-
 9 tion shall be construed to modify the authority of the Di-
10 rector or the National Science Board with respect to the
11 selection of recipients for funding from the Foundation.
12   SEC. 2104. INNOVATION CENTERS.

13       (a) UNIVERSITY TECHNOLOGY CENTER PROGRAM.—
14              (1) IN GENERAL.—From amounts made avail-
15       able to the Directorate, the Director shall establish
16       a program in the Directorate to make awards,
17       through a competitive selection process, to eligible
18       entities to establish university technology centers.
19              (2) PURPOSE.—The purpose of the university
20       technology centers shall be to—
21                  (A) conduct multi-disciplinary, collabo-
22              rative basic and applied research, relevant to at
23              least one of the key technology focus areas;




      † S 1260 ES
                                95
1                   (B) leverage the expertise of multi-discipli-
2              nary and multi-sector partners, including part-
3              ners from private industry;
4                   (C) further the development, deployment,
5              and commercialization of innovations, including
6              inventions, in the key technology focus areas,
7              including those derived from the activities of
8              the university technology center; and
9                   (D) support the development of scientific,
10             innovation, entrepreneurial, and educational ca-
11             pacity within the region of the university tech-
12             nology center.
13             (3) USE     OF   FUNDS.—University      technology
14      centers established under this subsection may use
15      support provided—
16                  (A) to carry out research to advance inno-
17             vation in the key technology focus areas;
18                  (B) for technology development activities
19             such as proof-of-concept development, proto-
20             typing, design modification, experimental devel-
21             opment, and other actions to reduce the cost,
22             time, and risk of commercializing new tech-
23             nologies;
24                  (C) for the costs of equipment and
25             cyberinfrastructure;


     † S 1260 ES
                               96
1                   (D) for the costs associated with tech-
2              nology transfer and commercialization, includ-
3              ing patenting and licensing; or
4                   (E) for operations and staff.
 5             (4) SELECTION PROCESS.—In selecting recipi-
 6      ents under this subsection, the Director shall con-
 7      sider, in addition to the scientific and technical
 8      merit of the proposal—
 9                  (A) maximizing regional and geographic di-
10             versity of the university technology centers, in-
11             cluding by considering rural-serving institutions
12             of higher education (as defined in section
13             861(b) of the Higher Education Act of 1965
14             (20 U.S.C. 1161a(b));
15                  (B) the extent to which the applicant’s
16             proposal would broaden participation by popu-
17             lations underrepresented in STEM;
18                  (C) the capacity of the applicant to engage
19             industry, labor, and other appropriate organiza-
20             tions and, where applicable, contribute to
21             growth in domestic manufacturing capacity and
22             job creation;
23                  (D) in the case of a consortium, the extent
24             to which the proposal includes institutions listed
25             in paragraph (7)(C)(ii);


     † S 1260 ES
                               97
 1                 (E) the amount of funds from industry or-
 2             ganizations described in paragraph (5)(A)(ii)
 3             the applicant would use towards establishing
 4             the university technology center;
 5                 (F) the plan and capability of the appli-
 6             cant to take measures to prevent the inappro-
 7             priate use of the research and technology of the
 8             center, including research results, data, and in-
 9             tellectual property, as appropriate and con-
10             sistent with the requirements of the relevant
11             award; and
12                 (G) the plan and capability of the appli-
13             cant to support proof-of-concept development
14             and prototyping as well as technology transfer
15             and commercialization activities.
16             (5) REQUIREMENTS.—
17                 (A) IN GENERAL.—The Director shall en-
18             sure that any eligible entity receiving an award
19             under this subsection has—
20                      (i) the capacity or the ability to ac-
21                 quire the capacity to advance the purposes
22                 described in section 2102(b); and
23                      (ii) secured contributions for estab-
24                 lishing the university technology center
25                 under this subsection from industry or


     † S 1260 ES
                              98
 1                 other non-Federal organizations in an
 2                 amount not less than 10 percent of the
 3                 total amount of the award the eligible enti-
 4                 ty would receive under this subsection.
 5                 (B) CONSORTIUM ELIGIBILITY.—To be eli-
 6             gible to receive an award for the establishment
 7             and operation of a university technology center,
 8             a consortium shall be composed of not fewer
 9             than 2 entities as described in paragraph (7)(C)
10             and operate subject to a binding agreement, en-
11             tered into by each member of the consortium,
12             that documents—
13                      (i) the proposed partnership agree-
14                 ment, including the governance and man-
15                 agement structure of the university tech-
16                 nology center;
17                      (ii) measures the consortium will un-
18                 dertake to enable cost-effective implemen-
19                 tation of activities under paragraph (3);
20                      (iii) a proposed budget, including fi-
21                 nancial contributions from non-Federal
22                 sources; and
23                      (iv) the plan for ownership and use of
24                 any intellectual property developed by the
25                 center.


     † S 1260 ES
                                  99
 1             (6)   SUPPORT       OF    REGIONAL     TECHNOLOGY

 2      HUBS.—Each        university technology center estab-
 3      lished under this subsection may support and par-
 4      ticipate in, as appropriate, the activities of any re-
 5      gional technology hub designated under section 28 of
 6      the Stevenson-Wydler Technology Innovation Act of
 7      1980 (15 U.S.C. 3701 et seq.), as added by section
 8      2401 of this division.
 9             (7) ELIGIBLE ENTITY.—In this subsection, the
10      term ‘‘eligible entity’’ means—
11                   (A) an individual institution of higher edu-
12             cation;
13                   (B) a nonprofit entity; or
14                   (C) a consortium that—
15                       (i) shall include and be led by an in-
16                   stitution of higher education or by a non-
17                   profit entity, designed to support tech-
18                   nology development;
19                       (ii) shall include 1 or more institution
20                   that is—
21                               (I) a historically Black college or
22                       university;
23                               (II) a Tribal College or Univer-
24                       sity;




     † S 1260 ES
                           100
 1                      (III) a minority-serving institu-
 2                 tion (or an institution of higher edu-
 3                 cation with an established STEM ca-
 4                 pacity building program focused on
 5                 traditionally underrepresented popu-
 6                 lations in STEM, including Native
 7                 Hawaiians, Alaska Natives, and Indi-
 8                 ans);
 9                      (IV) an institution that partici-
10                 pates in the Established Program to
11                 Stimulate Competitive Research under
12                 section 113 of the National Science
13                 Foundation Authorization Act of 1988
14                 (42 U.S.C. 1862g);
15                      (V) an emerging research institu-
16                 tion; or
17                      (VI) a community college; and
18                 (iii) may include 1 or more—
19                      (I) additional entities described
20                 in subparagraph (A) or (B);
21                      (II) industry entities, including
22                 startups, small businesses, and public-
23                 private partnerships;
24                      (III) economic development orga-
25                 nizations or venture development or-


     † S 1260 ES
                        101
 1                 ganizations, as such terms are defined
 2                 in section 28(a) of the Stevenson-
 3                 Wydler Technology Innovation Act of
 4                 1980 (15 U.S.C. 13701 et seq.), as
 5                 added by section 2401 of this division;
 6                     (IV) National Laboratories;
 7                     (V) Federal laboratories, as de-
 8                 fined in section 4 of the Stevenson-
 9                 Wydler Technology Innovation Act of
10                 1980 (15 U.S.C. 3703);
11                     (VI) Federal research facilities;
12                     (VII) labor organizations;
13                     (VIII) entities described in sub-
14                 paragraph (A) or (B) from allied or
15                 partner countries;
16                     (IX) other entities if determined
17                 by the Director to be vital to the suc-
18                 cess of the program;
19                     (X) binational research and de-
20                 velopment foundations and funds, ex-
21                 cluding foreign entities of concern, as
22                 defined in section 2307; and
23                     (XI) Engineer Research and De-
24                 velopment Center laboratories of the
25                 Army Corps of Engineers.


     † S 1260 ES
                               102
 1      (b) INNOVATION INSTITUTE.—
 2             (1) IN GENERAL.—The Director shall establish
 3      innovation institutes to further the research, devel-
 4      opment, and commercialization of innovation in the
 5      key technology focus areas.
 6             (2) PARTNERSHIPS.—
 7                  (A) IN GENERAL.—Each innovation insti-
 8             tute shall be comprised of a partnership includ-
 9             ing 2 or more of the following entities:
10                       (i) An institution of higher education.
11                       (ii) A for-profit company.
12                       (iii) A nonprofit organization.
13                       (iv) A Federal agency.
14                       (v) Another entity, if that entity is de-
15                  termined by the Director to be vital to the
16                  success of the program.
17                  (B) CO-EQUAL.—Each entity comprising
18             the institute shall, to the extent practicable,
19             work as co-equal partners in terms of funding
20             and research efforts in support of the institute.
21                  (C) INSTITUTIONAL OR ORGANIZATIONAL
22             LEVEL.—The Director shall work to ensure that

23             such partnerships exist at the institutional or
24             organization level, rather than solely at the
25             principal investigator level.


     † S 1260 ES
                               103
 1              (3) COST SHARE.—To the extent practicable,
 2       not less than half of the funding for an institute
 3       shall be provided by non-Federal entities.
 4       (c) NUMBER OF CENTERS AND INSTITUTES ESTAB-
 5   LISHED.—The Director shall endeavor to establish a bal-

 6 ance in the number of university technology centers and
 7 innovation institutes.
 8   SEC. 2105. TRANSITION OF NSF PROGRAMS.

 9       The Director may transition the management of ex-
10 isting programs of the National Science Foundation that
11 conduct activities in addition to basic research to the Di-
12 rectorate, including—
13              (1) Convergence Accelerator;
14              (2) Industry-University Cooperative Research
15       Centers;
16              (3) National AI Research Institutes;
17              (4) Innovation Corps (I-Corps), as described in
18       section 601 of the American Innovation and Com-
19       petitiveness Act (42 U.S.C. 1862s–8); and
20              (5) any other programs that the Director con-
21       siders appropriate.
22   SEC. 2106. PROVIDING SCHOLARSHIPS, FELLOWSHIPS, AND

23                  OTHER STUDENT SUPPORT.

24       (a) IN GENERAL.—The Director, acting through the
25 Directorate, shall fund undergraduate scholarships (in-


      † S 1260 ES
                               104
 1 cluding at community colleges), graduate fellowships and
 2 traineeships, and postdoctoral awards in the key tech-
 3 nology focus areas.
 4       (b) IMPLEMENTATION.—The Director may carry out
 5 subsection (a) by making awards—
 6              (1) directly to students; and
 7              (2) to institutions of higher education or con-
 8       sortia of institutions of higher education, including
 9       those institutions or consortia involved in operating
10       university technology centers established under sec-
11       tion 2104(a).
12       (c) BROADENING PARTICIPATION.—In carrying out
13 this section, the Director shall take steps to increase the
14 participation of populations that are underrepresented in
15 STEM, which may include—
16              (1) establishing or augmenting programs tar-
17       geted at populations that are underrepresented in
18       STEM;
19              (2) supporting traineeships or other relevant
20       programs at minority-serving institutions (or institu-
21       tions of higher education with an established STEM
22       capacity building program focused on traditionally
23       underrepresented populations in STEM, including
24       Native Hawaiians, Alaska Natives, and Indians);




      † S 1260 ES
                              105
 1              (3) addressing current and expected gaps in the
 2       availability or skills of the STEM workforce, or ad-
 3       dressing needs of the STEM workforce, including by
 4       increasing educational capacity at institutions and
 5       by prioritizing awards to United States citizens, per-
 6       manent residents, and individuals that will grow the
 7       domestic workforce; and
 8              (4) addressing geographic diversity in the
 9       STEM workforce.
10       (d) INNOVATION.—In carrying out this section, the
11 Director shall encourage innovation in graduate education,
12 including through encouraging institutions of higher edu-
13 cation to offer graduate students opportunities to gain ex-
14 perience in industry or Government as part of their grad-
15 uate training, and through support for students in profes-
16 sional masters programs related to the key technology
17 focus areas.
18       (e) AREAS OF FUNDING SUPPORT.—Subject to the
19 availability of funds to carry out this section, the Director
20 shall—
21              (1) issue—
22                  (A) postdoctoral awards,
23                  (B) graduate fellowships and traineeships,
24              inclusive of the NSF Research Traineeships




      † S 1260 ES
                             106
1              and fellowships awarded under the Graduate
2              Research Fellowship Program; and
3                  (C) scholarships, including undergraduate
4              scholarships, research experiences, and intern-
5              ships, including—
6                       (i) scholarships to attend community
7                  colleges; and
8                       (ii) research experiences and intern-
9                  ships under sections 513, 514, and 515 of
10                 the America COMPETES Reauthorization
11                 Act of 2010 (42 U.S.C. 1862p–5; 1862p–
12                 6; 1862p–7);
13             (2) ensure that not less than 10 percent of the
14      funds made available to carry out this section are
15      used to support additional awards that focus on
16      community college training, education, and teaching
17      programs that increase the participation of popu-
18      lations that are underrepresented in STEM, includ-
19      ing technical programs through programs such as
20      the Advanced Technological Education program;
21             (3) ensure that not less than 20 percent of the
22      funds made available to carry out this section are
23      used to support institutions of higher education, and
24      other institutions, located in jurisdictions that par-
25      ticipate in the program under section 113 of the Na-


     † S 1260 ES
                                107
 1       tional Science Foundation Authorization Act of 1988
 2       (42 U.S.C. 1862g); and
 3              (4) if funds remain after carrying out para-
 4       graphs (1), (2), and (3), make awards to institutions
 5       of higher education to enable the institutions to fund
 6       the development and establishment of new or spe-
 7       cialized programs of study for graduate, under-
 8       graduate, or technical college students and the eval-
 9       uation of the effectiveness of those programs of
10       study.
11       (f) EXISTING PROGRAMS.—The Director may use or
12 augment existing STEM education programs of the Foun-
13 dation and leverage education or entrepreneurial partners
14 to carry out this section.
15   SEC. 2107. RESEARCH AND DEVELOPMENT.

16       (a) IN GENERAL.—From amounts made available for
17 the Directorate, the Director shall make awards, on a
18 competitive basis, for research and technology develop-
19 ment within the key technology focus areas.
20       (b) PURPOSE.—The purpose of the awards under this
21 section shall be to demonstrate revolutionary technological
22 advances in the key technology focus areas, including ad-
23 vances that expedite short-term technology deployment.
24       (c) RECIPIENTS.—Recipients of funds under this sec-
25 tion may include institutions of higher education, research


      † S 1260 ES
                               108
 1 institutions, nonprofit entities, private sector entities, con-
 2 sortia, or other entities as defined by the Director.
 3       (d) METRICS.—The Director may set metrics, includ-
 4 ing goals and deadlines, for development of such tech-
 5 nology as determined in the terms of the award, and may
 6 use such metrics to determine whether an award recipient
 7 shall be eligible for continued or follow-on funding. The
 8 Director shall ensure that the length of the grants for ap-
 9 plicants seeking to demonstrate revolutionary techno-
10 logical advances to expedite short-term technology deploy-
11 ment last no longer than 24 months.
12       (e) SELECTION CRITERIA.—In selecting recipients
13 for an award under this section, the Director shall con-
14 sider, at a minimum—
15              (1) the relevance of the project to the key tech-
16       nology focus areas;
17              (2) the current status of the technology, the
18       limits of current practice, and the likelihood of the
19       private sector to independently demonstrate a simi-
20       lar technological advance;
21              (3) the potential of the project to generate a
22       revolutionary technological advance, including ad-
23       vances that can expedite short-term technology de-
24       ployment;




      † S 1260 ES
                                 109
1                (4) the potential impact of the project on the
2         economic security, national security, or technological
3         competitiveness of the United States;
4                (5) the likelihood of the project’s success;
5                (6) the cost and time associated with the
6         project;
7                (7) the appropriateness of quantitative goals
8         and metrics for evaluating the project and a plan for
9         evaluating those metrics; and
10               (8) the path for developing and, as appropriate
11        commercializing, the technology.
12   SEC. 2108. TEST BEDS.

13        (a) PROGRAM AUTHORIZED.—
14               (1) IN GENERAL.—From amounts made avail-
15        able for the Directorate, the Director, in coordina-
16        tion with the Director of the National Institute of
17        Standards and Technology, the Secretary of Energy,
18        and other Federal agencies, as determined appro-
19        priate by the Director, shall establish a program in
20        the Directorate to make awards, on a competitive
21        basis, to institutions of higher education, nonprofit
22        organizations, or consortia (as defined in section
23        2104(a)(7)(C)) to establish and operate test beds,
24        which      may    include    fabrication   facilities   and
25        cyberinfrastructure, to advance the development, op-


       † S 1260 ES
                              110
 1      eration, integration, deployment, and, as appro-
 2      priate, demonstration of new, innovative technologies
 3      in the key technology focus areas, which may include
 4      hardware or software.
 5             (2) COORDINATION.—In establishing new test
 6      beds under this section, the Director shall ensure co-
 7      ordination with other test beds supported by the
 8      Foundation or other Federal agencies to avoid dupli-
 9      cation and maximize the use of Federal resources.
10      (b) PROPOSALS.—An applicant for an award under
11 this section shall submit a proposal to the Director, at
12 such time, in such manner, and containing such informa-
13 tion as the Director may reasonably require. The proposal
14 shall, at a minimum, describe—
15             (1)(A) the technology or technologies that will
16      be the focus of the test bed; and
17             (B) the goals of the work to be done at the test
18      bed;
19             (2) how the applicant will assemble a workforce
20      with the skills needed to operate the test bed;
21             (3) how the applicant will ensure broad access
22      to the test bed;
23             (4) how the applicant will collaborate with firms
24      in the key technology focus areas, including through
25      coordinated research and development and funding,


     † S 1260 ES
                               111
 1       to ensure that work in the test bed will contribute
 2       to the commercial viability of any technologies and
 3       will include collaboration from industry and labor or-
 4       ganizations;
 5              (5) how the applicant will encourage the partici-
 6       pation of inventors and entrepreneurs and the devel-
 7       opment of new businesses;
 8              (6) how the applicant will increase participation
 9       by populations that are underrepresented in STEM;
10              (7) how the applicant will demonstrate that the
11       commercial viability of any new technologies will
12       support the creation of high-quality domestic jobs;
13              (8) how the test bed will operate after Federal
14       funding has ended;
15              (9) how the test bed will disseminate lessons
16       and other technical information to United States en-
17       tities or allied or partner country entities in the
18       United States; and
19              (10) how the applicant plans to take measures
20       to prevent the inappropriate use of research results,
21       data, and intellectual property, as applicable and
22       consistent with the requirements of the award.
23       (c) AUTHORIZED USE OF FUNDS.—A recipient of an
24 award under this section may, in order to achieve the pur-
25 poses described in subsection (a), use the award for the


      † S 1260 ES
                              112
 1 purchase of equipment and for the support of students,
 2 faculty and staff, and postdoctoral researchers.
 3       (d) PRIORITY.—In selecting award recipients under
 4 this section, the Director shall give priority to applicants
 5 with proposals that maximize the geographic diversity of
 6 test beds.
 7       (e) INTERAGENCY ANNUAL MEETINGS.—The Direc-
 8 tor, the Secretary of Commerce, the Secretary of Energy,
 9 and the heads of other Federal departments and agencies,
10 or their designees, with test bed related equities shall hold
11 an annual meeting to coordinate their respective test bed
12 related investments, future plans, and other appropriate
13 matters, to avoid conflicts and duplication of efforts. Upon
14 request by Congress, Congress shall be briefed on the re-
15 sults of the meetings.
16   SEC. 2109. ACADEMIC TECHNOLOGY TRANSFER.

17       (a) IN GENERAL.—From amounts made available to
18 the Directorate, the Director, in coordination with the Di-
19 rector of the National Institute of Standards and Tech-
20 nology and other Federal agencies as determined appro-
21 priate by the Director, shall make awards, on a competi-
22 tive basis, to eligible entities to advance the development
23 and commercialization of technologies, particularly those
24 in the key technology focus areas.




      † S 1260 ES
                               113
 1      (b) ELIGIBLE ENTITIES.—To be eligible to receive an
 2 award under this section, an entity shall be—
 3             (1) an institution of higher education, which
 4      may be a community college;
 5             (2) a nonprofit entity that is either affiliated
 6      with an institution of higher education or designed
 7      to support technology development or entrepreneur-
 8      ship; or
 9             (3) a consortium that includes—
10                 (A) an entity described in paragraph (1) or
11             (2) as the lead award recipient; and
12                 (B) one or more additional individuals or
13             entities, which shall be—
14                        (i) an economic development organiza-
15                 tion or similar entity that is focused pri-
16                 marily on improving science, technology,
17                 innovation, or entrepreneurship;
18                        (ii) an industry organization or firm
19                 in a relevant technology or innovation sec-
20                 tor;
21                        (iii) an industry-experienced executive
22                 with entrepreneurship experience that is
23                 focused     primarily   on   de-risking   tech-
24                 nologies from both a scientific and a busi-
25                 ness perspective; or


     † S 1260 ES
                              114
 1                      (iv) an individual or entity with
 2                 industry- and startup- experienced busi-
 3                 ness expertise, including a mentor network,
 4                 across relevant technology or innovation
 5                 sectors.
 6      (c) PROPOSALS.—An eligible entity desiring an award
 7 under this section shall submit a proposal to the Director
 8 at such time, in such manner, and containing such infor-
 9 mation as the Director may require. The proposal shall
10 include, at a minimum, a description of—
11             (1) the steps the applicant will take to enable
12      technology transfer and to reduce the risks for com-
13      mercialization for new technologies and why such
14      steps are likely to be effective;
15             (2) how the applicant will encourage the train-
16      ing and participation of students and potential en-
17      trepreneurs and the transition of research results to
18      practice, including the development of new busi-
19      nesses;
20             (3) as relevant, potential steps to drive eco-
21      nomic growth in a particular region, by collaborating
22      with industry, venture capital entities, nonprofit en-
23      tities, and State and local governments within that
24      region; and




     † S 1260 ES
                               115
 1              (4) background information that the Director
 2       determines is relevant to demonstrate the success of
 3       the innovation and entrepreneurship support models
 4       proposed by the applicant to commercialize tech-
 5       nologies.
 6       (d) ACADEMIC TECHNOLOGY TRANSFER ENHANCE-
 7   MENT PROGRAM.—

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




      † S 1260 ES
                                 116
1                      (C) Offsetting the costs of patenting and
2              licensing research products, both domestically
3              and internationally.
4                      (D) Revising institution policies, including
5              policies related to intellectual property and fac-
6              ulty entrepreneurship, and taking other nec-
7              essary steps to implement relevant best prac-
8              tices for academic technology transfer.
9                      (E) Ensuring the availability of staff, in-
10             cluding technology transfer professionals, entre-
11             preneurs in residence, and other mentors as re-
12             quired to accomplish the purpose of this sub-
13             section.
14                     (F) Identifying and facilitating relation-
15             ships among local and national business lead-
16             ers, including investors, and potential entre-
17             preneurs to encourage successful commercializa-
18             tion.
19                     (G) Creating and funding competitions to
20             allow entrepreneurial ideas to illustrate their
21             commercialization potential, including through
22             venture funds of institutions of higher edu-
23             cation.
24                     (H) Creating or supporting entities that
25             could enable researchers to further develop new


     † S 1260 ES
                                117
 1              technology, through capital investment, advice,
 2              staff support, or other means.
 3                   (I) Building technology transfer capacity
 4              at institutions of higher education.
 5              (3) LIMITATIONS ON FUNDING.—In awarding
 6       funding under this subsection, the Director shall—
 7                   (A) award not more than $1,000,000 per
 8              fiscal year to an eligible entity;
 9                   (B) in determining the duration of fund-
10              ing, endeavor to ensure the creation of sustain-
11              able technology transfer practices at the eligible
12              entity; and
13                   (C) ensure that grants under this sub-
14              section shall not support the development or op-
15              eration of capital investment funds.
16       (e) COLLABORATIVE INNOVATION RESOURCE CEN-
17   TER PROGRAM.—

18              (1) IN   GENERAL.—The        Director shall make
19       awards under this subsection to eligible entities to
20       establish collaborative innovation resource centers
21       that promote regional technology transfer and tech-
22       nology development activities available to more than
23       one institution of higher education and to other enti-
24       ties in a region.




      † S 1260 ES
                              118
 1             (2) COLLABORATION        PRIORITY.—In     making
 2      awards under this subsection, the Director shall give
 3      priority to eligible entities that are consortia de-
 4      scribed in subsection (b)(3) and that have a cost
 5      share, which may include an in-kind cost share, from
 6      members of a consortium, at levels as required by
 7      the Director.
 8             (3) USE OF FUNDS.—An eligible entity that re-
 9      ceives an award under this subsection shall use
10      award funds to carry out one or more of the fol-
11      lowing activities, to the benefit of the region in
12      which the center is located:
13                 (A) Providing start-ups and small business
14             concerns (as defined in section 3 of the Small
15             Business Act (15 U.S.C. 632)) within the re-
16             gion with access to facilities, scientific infra-
17             structure, personnel, and other assets as re-
18             quired for technology maturation.
19                 (B) Supporting entrepreneurial training
20             for start-up and small business personnel.
21                 (C) Providing engineering and entrepre-
22             neurial experiences and hands-on training for
23             students enrolled in participating institutions of
24             higher education.




     † S 1260 ES
                              119
 1       (f) REPORTING ON COMMERCIALIZATION BASED ON
 2 METRICS.—The Director shall establish—
 3              (1) metrics related to commercialization for an
 4       award under this section; and
 5              (2) a reporting schedule for recipients of such
 6       awards that takes into account both short- and long-
 7       term goals of the programs under this section.
 8       (g) GEOGRAPHIC DIVERSITY.—The Director shall en-
 9 sure regional and geographic diversity in issuing awards
10 under this section.
11       (h) SUPPLEMENT NOT SUPPLANT.—The Director
12 shall ensure that funds made available under this section
13 shall be used to create additional support for technology
14 transfer activities at eligible entities. For the duration of
15 the awards, recipients shall be required to maintain fund-
16 ing for such activities at similar levels as the funding for
17 those activities for the 2 fiscal years preceding the award.
18   SEC. 2110. CAPACITY-BUILDING PROGRAM FOR DEVEL-

19                  OPING UNIVERSITIES.

20       (a) IN GENERAL.—The Director shall establish a pro-
21 gram in the Directorate to make awards, on a competitive
22 basis, to eligible institutions described in subsection (b)
23 to support the mission of the Directorate and to build in-
24 stitutional research capacity at eligible institutions.
25       (b) ELIGIBLE INSTITUTION.—


      † S 1260 ES
                                120
 1              (1) IN GENERAL.—To be eligible to receive an
 2       award under this section, an institution—
 3                  (A) shall be—
 4                        (i) a historically Black college or uni-
 5                  versity;
 6                        (ii) a minority-serving institution; or
 7                        (iii) an institution of higher education
 8                  with an established STEM capacity build-
 9                  ing   program     focused    on   traditionally
10                  underrepresented populations in STEM,
11                  including Native Hawaiians, Alaska Na-
12                  tives, and Indians; and
13                  (B) shall have not more than $50,000,000
14              in annual federally-financed research and devel-
15              opment expenditures for science and engineer-
16              ing as reported through the National Science
17              Foundation Higher Education Research and
18              Development Survey.
19              (2) PARTNERSHIPS.—An eligible institution re-
20       ceiving a grant under this section may carry out the
21       activities of the grant through a partnership with
22       other entities, including other eligible institutions.
23       (c) PROPOSALS.—To receive an award under this sec-
24 tion, an eligible institution shall submit an application to
25 the Director at such time, in such manner, and containing


      † S 1260 ES
                              121
1 such information as the Director may require, including
2 a plan that describes how the eligible institution will estab-
3 lish or expand research office capacity and how such
4 award would be used to—
5              (1) conduct an assessment of capacity-building
6       and research infrastructure needs of an eligible insti-
7       tution;
8              (2) enhance institutional resources to provide
9       administrative research development support to fac-
10      ulty at an eligible institution;
11             (3) bolster the institutional research competi-
12      tiveness of an eligible institution to support grants
13      awarded by the Directorate;
14             (4) support the acquisition of instrumentation
15      necessary to build research capacity at an eligible in-
16      stitution in research areas directly associated with
17      the Directorate;
18             (5) increase capability of an eligible institution
19      to move technology into the marketplace;
20             (6) increase engagement with industry to exe-
21      cute research through the SBIR and STTR pro-
22      grams (as defined in section 9(e) of the Small Busi-
23      ness Act (15 U.S.C. 638(e)) and direct contracts at
24      an eligible institution;




     † S 1260 ES
                               122
 1               (7) provide student engagement and research
 2       training opportunities at the undergraduate, grad-
 3       uate, and postdoctoral levels at an eligible institu-
 4       tion;
 5               (8) further faculty development initiatives and
 6       strengthen institutional research training infrastruc-
 7       ture, capacity, and competitiveness of an eligible in-
 8       stitution; or
 9               (9) address plans and prospects for long-term
10       sustainability of institutional enhancements at an el-
11       igible institution resulting from the award including,
12       if applicable, how the award may be leveraged by an
13       eligible institution to build a broader base of sup-
14       port.
15       (d) AWARDS.—Awards made under this section shall
16 be for periods of 3 years, and may be extended for periods
17 of not more than 5 years.
18       (e) FUNDING.—From the amounts made available to
19 carry out section 2104 under section 2116 for each of fis-
20 cal years 2022 through 2026, the Director shall use
21 $150,000,000 for each such fiscal year to carry out this
22 section.
23   SEC. 2111. TECHNICAL ASSISTANCE.

24       The Director may—




      † S 1260 ES
                              123
 1              (1) coordinate with other Federal agencies to
 2       establish interagency and multidisciplinary teams to
 3       provide technical assistance to recipients of, and pro-
 4       spective applicants for, awards under this title;
 5              (2) by Federal interagency agreement and not-
 6       withstanding any other provision of law, transfer
 7       funds available to carry out this title to the head of
 8       another Federal agency to facilitate and support the
 9       provision of such technical assistance; and
10              (3) enter into contracts with third parties to
11       provide such technical assistance.
12   SEC. 2112. COORDINATION OF ACTIVITIES.

13       (a) IN GENERAL.—In carrying out the activities of
14 the Directorate, the Director shall coordinate and work
15 cooperatively with the Secretary of Energy, the Director
16 of the National Institute of Standards and Technology,
17 and the heads of other Federal research agencies, as ap-
18 propriate, to further the goals of this title in the key tech-
19 nology focus areas.
20       (b) AVOID DUPLICATION.—The Director shall en-
21 sure, to the greatest extent practicable, that activities car-
22 ried out by the Directorate are not duplicative of activities
23 supported by other parts of the Foundation or other rel-
24 evant Federal agencies. In carrying out the activities pre-
25 scribed by this division, the Director shall coordinate with


      † S 1260 ES
                               124
 1 the Interagency Working Group and heads of other Fed-
 2 eral research agencies to ensure these activities enhance
 3 and complement, but do not constitute unnecessary dupli-
 4 cation of effort and to ensure the responsible stewardship
 5 of funds.
 6       (c) COMPTROLLER GENERAL REPORT.—Not later
 7 than 3 years after the date of enactment of this division,
 8 the Comptroller General of the United States shall prepare
 9 and submit a report to Congress, and shall simultaneously
10 submit the report to the Director, the Director of the Of-
11 fice of Science and Technology Policy, and the Secretary
12 of Energy describing the interagency cooperation that oc-
13 curred during the preceding years pursuant to this section,
14 including a list of—
15              (1) any funds provided from the Directorate to
16       other directorates and offices of the Foundation; and
17              (2) any instances in which unnecessary duplica-
18       tion of effort may have occurred.
19   SEC. 2113. REPORTING REQUIREMENTS.

20       (a) REPORTS.—Not later than 1 year after the date
21 of enactment of this division and annually thereafter, the
22 Director, in coordination with the heads of relevant Fed-
23 eral agencies, shall prepare and submit to Congress—
24              (1) a strategic vision and spending plan for the
25       next 5 years for the Directorate, including a descrip-


      † S 1260 ES
                                125
 1       tion of how the Foundation will increase funding for
 2       research and education for populations underrep-
 3       resented in STEM and geographic areas;
 4              (2) in coordination with the Secretary of State,
 5       a description of any funds the Foundation may plan
 6       to receive from—
 7                    (A) entities other than institutions of high-
 8              er education; and
 9                    (B) certain designated countries; and
10              (3) a description of the planned activities of the
11       Directorate to secure federally funded science and
12       technology pursuant to section 1746 of the National
13       Defense Authorization Act for Fiscal Year 2020
14       (Public Law 116–92; 42 U.S.C. 6601 note) and sec-
15       tion 223 of William M. (Mac) Thornberry National
16       Defense Authorization Act for Fiscal Year 2021
17       (Public Law 116–283) and the requirements under
18       title III.
19       (b) ANNUAL BRIEFING.—Each year, the Director
20 and the Secretary of Energy shall formally request a joint
21 briefing from the Secretary of Defense, the Secretary of
22 Commerce, the Director of the Federal Bureau of Inves-
23 tigation, the Director of National Intelligence, and as ap-
24 propriate the heads of other Federal agencies regarding




      † S 1260 ES
                               126
1 their efforts to preserve the United States’ advantages
2 generated by the activity of the Directorate.
 3       (c) PROVIDING AUTHORITY TO DISSEMINATE INFOR-
 4   MATION.—Section 11 of the National Science Foundation

 5 Act of 1950 (42 U.S.C. 1870) is amended—
 6              (1) in subsection (j), by striking ‘‘and’’ after
 7       the semicolon;
 8              (2) in subsection (k), by striking the period at
 9       the end and inserting ‘‘; and’’; and
10              (3) by adding at the end the following:
11              ‘‘(l) to provide for the widest practicable and
12       appropriate dissemination of information within the
13       United States concerning the Foundation’s activities
14       and the results of those activities.’’.
15   SEC. 2114. HANDS-ON LEARNING PROGRAM.

16       (a) FINDINGS.—Congress finds the following:
17              (1) Developing a robust, talented, and home-
18       grown workforce, particularly in the fields of STEM,
19       is critical to the success of the United States innova-
20       tion economy.
21              (2) The United States educational system is not
22       producing a sufficient number of workers with the
23       necessary STEM expertise to meet the needs of the
24       United States industry in STEM fields.




      † S 1260 ES
                                127
 1             (3) Hands-on and experiential learning opportu-
 2      nities outside of the classroom are critical for stu-
 3      dent success in STEM subjects and careers, stimu-
 4      lating students’ interest, increasing confidence, and
 5      creating motivation to pursue a related career.
 6             (4) Hands-on and experiential learning opportu-
 7      nities can be particularly successful in inspiring in-
 8      terest in students who traditionally have been under-
 9      represented in STEM fields, including girls, students
10      of color, and students from disadvantaged back-
11      grounds.
12             (5) An expansion of hands-on and experiential
13      learning programs across the United States would
14      expand the STEM workforce pipeline, developing
15      and training students for careers in STEM fields.
16      (b) DEFINITIONS.—
17             (1) ESEA    TERMS.—The     terms ‘‘elementary
18      school’’, ‘‘high school’’, ‘‘secondary school’’, and
19      ‘‘State’’ have the meanings given the terms in sec-
20      tion 8101 of the Elementary and Secondary Edu-
21      cation Act of 1965 (20 U.S.C. 7801).
22             (2)   ELIGIBLE     NONPROFIT    PROGRAM.—The

23      term ‘‘eligible nonprofit program’’—




     † S 1260 ES
                              128
1                   (A) means a nonprofit program serving
2              prekindergarten, elementary school, or sec-
3              ondary school students; and
4                   (B) includes a program described in sub-
5              paragraph (A) that covers the continuum of
6              education from prekindergarten through high
7              school and is available in every State.
 8       (c) PURPOSES.—The purposes of this section are
 9 to—
10             (1) provide effective, compelling, and engaging
11       means for teaching and reinforcing fundamental
12       STEM concepts and inspiring the youth of the
13       United States to pursue careers in STEM-related
14       fields;
15             (2) expand the STEM workforce pipeline by de-
16       veloping and training students for careers in United
17       States STEM fields; and
18             (3) broaden participation in the STEM work-
19       force by underrepresented population groups.
20       (d) PROGRAM AUTHORIZED.—
21             (1) IN GENERAL.—Subject to the availability of
22       appropriations for such purposes, the Director
23       shall—
24                  (A) provide grants to eligible nonprofit
25             programs for supporting hands-on learning op-


     † S 1260 ES
                              129
 1             portunities in STEM education, including via
 2             after-school activities and innovative learning
 3             opportunities such as robotics competitions; and
 4                  (B) evaluate the impact of such hands-on
 5             learning opportunities on STEM learning and
 6             disseminate the results of that evaluation.
 7             (2) PRIORITY.—In awarding grants under the
 8      program, the Director shall give priority to eligible
 9      nonprofit programs serving students that attend ele-
10      mentary, secondary, or high schools that—
11                  (A) are implementing comprehensive sup-
12             port and improvement activities or targeted
13             support and improvement activities under para-
14             graph (1) or (2) of section 1111(d) of the Ele-
15             mentary and Secondary Education Act of 1965
16             (20 U.S.C. 6311(d)); or
17                  (B) serve high percentages of students who
18             are eligible for a free or reduced price lunch
19             under the Richard B. Russell National School
20             Lunch Act (42 U.S.C. 1751 et seq.) (which, in
21             the case of a high school, may be calculated
22             using comparable data from the schools that
23             feed into the high school).
24      (e) AUTHORIZATION        OF   APPROPRIATIONS.—From
25 the amounts made available to carry out section 2106


     † S 1260 ES
                                  130
 1 under section 2116 for each of fiscal years 2022 through
 2 2026, the Director shall use $25,000,000 for each such
 3 fiscal year to carry out this section.
 4   SEC. 2115. INTELLECTUAL PROPERTY PROTECTION.

 5       Consistent with the requirements for the award, all
 6 intellectual property that is developed through the Foun-
 7 dation, or any program that has received funding through
 8 this division (or an amendment made by this division),
 9 shall not be transferred to—
10              (1) any foreign entity of concern, as defined in
11       section 2307(a);
12              (2) any United States subsidiary, division, or
13       chapter of such a foreign entity of concern; or
14              (3) any for-profit, or nonprofit, partnership
15       that includes such a foreign entity of concern in the
16       partnership.
17   SEC. 2116. AUTHORIZATION OF APPROPRIATIONS FOR THE

18                    FOUNDATION.

19       (a) FISCAL YEAR 2022.—
20              (1) FOUNDATION.—There is authorized to be
21       appropriated to the Foundation $10,800,000,000 for
22       fiscal year 2022.
23              (2)    SPECIFIC     NSF   ALLOCATIONS.—Of   the
24       amount authorized under paragraph (1)—




      † S 1260 ES
                               131
1                  (A) $9,000,000,000 shall be made avail-
2              able to carry out the activities of the Founda-
3              tion outside of the Directorate, of which
4              $1,000,000,000 shall be for STEM education
5              and related activities, including workforce ac-
6              tivities under section 2202; and
7                  (B) $1,800,000,000 shall be made avail-
8              able to the Directorate, of which—
9                       (i) $594,000,000 shall be for the in-
10                 novation centers under section 2104;
11                      (ii) $324,000,000 shall be for scholar-
12                 ships, fellowships, and other activities
13                 under section 2106;
14                      (iii) $252,000,000 shall be for aca-
15                 demic technology transfer under section
16                 2109;
17                      (iv) $180,000,000 shall be for test
18                 beds under section 2108;
19                      (v) $270,000,000 shall be for research
20                 and development activities under section
21                 2107; and
22                      (vi) an amount equal to 10 percent of
23                 the total made available to the Directorate
24                 under this subparagraph shall be trans-
25                 ferred to the Foundation for collaboration


     † S 1260 ES
                                132
1                    with directorates and offices of the Foun-
2                    dation outside of the Directorate as de-
3                    scribed under section 2102(c)(7).
4       (b) FISCAL YEAR 2023.—
5              (1) FOUNDATION.—There is authorized to be
6       appropriated to the Foundation $12,800,000,000 for
7       fiscal year 2023.
 8             (2)   SPECIFIC    NSF   ALLOCATIONS.—Of      the
 9      amount authorized under paragraph (1)—
10                   (A) $9,600,000,000 shall be made avail-
11             able to carry out the activities of the Founda-
12             tion outside of the Directorate, of which
13             $1,190,000,000 shall be for STEM education
14             and related activities, including workforce ac-
15             tivities under section 2202; and
16                   (B) $3,200,000,000 shall be made avail-
17             able to the Directorate, of which—
18                       (i) $1,056,000,000 shall be for the in-
19                   novation centers under section 2104;
20                       (ii) $576,000,000 shall be for scholar-
21                   ships, fellowships, and other activities
22                   under section 2106;
23                       (iii) $448,000,000 shall be for aca-
24                   demic technology transfer under section
25                   2109;


     † S 1260 ES
                                 133
 1                       (iv) $320,000,000 shall be for test
 2                   beds under section 2108;
 3                       (v) $480,000,000 shall be for research
 4                   and development activities under section
 5                   2107; and
 6                       (vi) an amount equal to 10 percent of
 7                   the total made available to the Directorate
 8                   under this subparagraph shall be trans-
 9                   ferred to the Foundation for collaboration
10                   with directorates and offices of the Foun-
11                   dation outside of the Directorate as de-
12                   scribed under section 2102(c)(7).
13      (c) FISCAL YEAR 2024.—
14             (1) FOUNDATION.—There is authorized to be
15      appropriated to the Foundation $16,600,000,000 for
16      fiscal year 2024.
17             (2)   SPECIFIC     NSF   ALLOCATIONS.—Of     the
18      amount authorized under paragraph (1)—
19                   (A) $10,300,000,000 shall be made avail-
20             able to carry out the activities of the Founda-
21             tion outside of the Directorate, of which
22             $1,600,000,000 shall be for STEM education
23             and related activities, including workforce ac-
24             tivities under section 2202; and




     † S 1260 ES
                               134
1                  (B) $6,300,000,000 shall be made avail-
2              able to the Directorate, of which—
3                       (i) $2,079,000,000 shall be for the in-
4                  novation centers under section 2104;
5                       (ii) $1,134,000,000 shall be for schol-
6                  arships, fellowships, and other activities
7                  under section 2106;
8                       (iii) $882,000,000 shall be for aca-
9                  demic technology transfer under section
10                 2109;
11                      (iv) $630,000,000 shall be for test
12                 beds under section 2108;
13                      (v) $945,000,000 shall be for research
14                 and development activities under section
15                 2107; and
16                      (vi) an amount equal to 10 percent of
17                 the total made available to the Directorate
18                 under this subparagraph shall be trans-
19                 ferred to the Foundation for collaboration
20                 with directorates and offices of the Foun-
21                 dation outside of the Directorate as de-
22                 scribed under section 2102(c)(7).
23      (d) FISCAL YEAR 2025.—




     † S 1260 ES
                                135
1              (1) FOUNDATION.—There is authorized to be
2       appropriated to the Foundation $19,500,000,000 for
3       fiscal year 2025.
 4             (2)   SPECIFIC    NSF   ALLOCATIONS.—Of      the
 5      amount authorized under paragraph (1)—
 6                   (A) $11,100,000,000 shall be made avail-
 7             able to carry out the activities of the Founda-
 8             tion outside of the Directorate, of which
 9             $2,100,000,000 shall be for STEM education
10             and related activities, including workforce ac-
11             tivities under section 2202; and
12                   (B) $8,400,000,000 shall be made avail-
13             able to the Directorate, of which—
14                       (i) $2,772,000,000 shall be for the in-
15                   novation centers under section 2104;
16                       (ii) $1,512,000,000 shall be for schol-
17                   arships, fellowships, and other activities
18                   under section 2106;
19                       (iii) $1,176,000,000 shall be for aca-
20                   demic technology transfer under section
21                   2109;
22                       (iv) $840,000,000 shall be for test
23                   beds under section 2108;




     † S 1260 ES
                                136
 1                       (v) $1,260,000,000 shall be for re-
 2                   search and development activities under
 3                   section 2107; and
 4                       (vi) an amount equal to 10 percent of
 5                   the total made available to the Directorate
 6                   under this subparagraph shall be trans-
 7                   ferred to the Foundation for collaboration
 8                   with directorates and offices of the Foun-
 9                   dation outside of the Directorate as de-
10                   scribed under section 2102(c)(7).
11      (e) FISCAL YEAR 2026.—
12             (1) FOUNDATION.—There is authorized to be
13      appropriated to the Foundation $21,300,000,000 for
14      fiscal year 2026.
15             (2)   SPECIFIC    NSF     ALLOCATIONS.—Of    the
16      amount authorized under paragraph (1)—
17                   (A) $12,000,000,000 shall be made avail-
18             able to carry out the activities of the Founda-
19             tion outside of the Directorate, of which
20             $2,540,000,000 shall be for STEM education
21             and related activities, including workforce ac-
22             tivities under section 2202; and
23                   (B) $9,300,000,000 shall be made avail-
24             able to the Directorate, of which—




     † S 1260 ES
                             137
 1                     (i) $3,069,000,000 shall be for the in-
 2                 novation centers under section 2104;
 3                     (ii) $1,674,000,000 shall be for schol-
 4                 arships, fellowships, and other activities
 5                 under section 2106;
 6                     (iii) $1,302,000,000 shall be for aca-
 7                 demic technology transfer under section
 8                 2109;
 9                     (iv) $930,000,000 shall be for test
10                 beds under section 2108;
11                     (v) $1,395,000,000 shall be for re-
12                 search and development activities under
13                 section 2107; and
14                     (vi) an amount equal to 10 percent of
15                 the total made available to the Directorate
16                 under this subparagraph shall be trans-
17                 ferred to the Foundation for collaboration
18                 with directorates and offices of the Foun-
19                 dation outside of the Directorate as de-
20                 scribed under section 2102(c)(7).
21      (f) ALLOCATION AND LIMITATIONS.—
22             (1) ALLOCATION FOR THE OFFICE OF INSPEC-
23      TOR GENERAL.—From          any amounts appropriated
24      for the Foundation for a fiscal year, the Director
25      shall allocate for necessary expenses of the Office of


     † S 1260 ES
                              138
 1       Inspector General of the Foundation an amount of
 2       not less than $33,000,000 in any fiscal year for
 3       oversight of the programs and activities funded
 4       under this section in accordance with the Inspector
 5       General Act of 1978 (5 U.S.C. App.).
 6              (2) SUPPLEMENT AND NOT SUPPLANT.—The
 7       amounts authorized to be appropriated under this
 8       section shall supplement, and not supplant, any
 9       other amounts previously appropriated to the Office
10       of the Inspector General of the Foundation.
11              (3) NO NEW AWARDS.—The Director shall not
12       make any new awards for the activities under the
13       Directorate for any fiscal year in which the total
14       amount appropriated to the Foundation (not includ-
15       ing amounts appropriated for the Directorate) is less
16       than the total amount appropriated to the Founda-
17       tion (not including such amounts), adjusted by the
18       rate of inflation, for the previous fiscal year.
19              (4) NO FUNDS FOR CONSTRUCTION.—No funds
20       provided to the Directorate under this section shall
21       be used for construction.
22   SEC. 2117. AUTHORIZATION OF APPROPRIATIONS FOR THE

23                  DEPARTMENT OF ENERGY.

24       (a) AUTHORIZATION OF APPROPRIATIONS.—




      † S 1260 ES
                            139
 1             (1) FISCAL YEAR 2022.—There is authorized to
 2      be appropriated to the Department of Energy
 3      $1,000,000,000 for fiscal year 2022 to carry out re-
 4      search and development and address energy-related
 5      supply chain activities within the key technology
 6      focus areas.
 7             (2) FISCAL YEAR 2023.—There is authorized to
 8      be appropriated to the Department of Energy
 9      $1,800,000,000 for fiscal year 2023 to carry out re-
10      search and development and address energy-related
11      supply chain activities within the key technology
12      focus areas.
13             (3) FISCAL YEAR 2024.—There is authorized to
14      be appropriated to the Department of Energy
15      $3,700,000,000 for fiscal year 2024 to carry out re-
16      search and development and address energy-related
17      supply chain activities within the key technology
18      focus areas.
19             (4) FISCAL YEAR 2025.—There is authorized to
20      be appropriated to the Department of Energy
21      $4,900,000,000 for fiscal year 2025 to carry out re-
22      search and development and address energy-related
23      supply chain activities within the key technology
24      focus areas.




     † S 1260 ES
                               140
 1              (5) FISCAL YEAR 2026.—There is authorized to
 2       be appropriated to the Department of Energy
 3       $5,500,000,000 for fiscal year 2026 to carry out re-
 4       search and development and address energy-related
 5       supply chain activities within the key technology
 6       focus areas.
 7       (b)    SUPPLEMENT      AND   NOT   SUPPLANT.—The
 8 amounts authorized to be appropriated under this section
 9 shall supplement, and not supplant, any other amounts
10 previously authorized to be appropriated to the Depart-
11 ment of Energy.
12       (c) NO FUNDS FOR CONSTRUCTION.—No funds pro-
13 vided to the Department of Energy under this section shall
14 be used for construction.
15   SEC. 2118. AUTHORIZATION OF APPROPRIATIONS FOR THE

16                  DEFENSE ADVANCED RESEARCH PROJECTS

17                  AGENCY.

18       (a) IN GENERAL.—Notwithstanding any other provi-
19 sion of law, there is authorized to be appropriated for the
20 Defense Advanced Research Projects Agency to conduct
21 research and development in key technology focus areas
22 $3,500,000,000 for each of fiscal years 2022 through
23 2026.
24       (b) SUPPLEMENT, NOT SUPPLANT.—Any amount ap-
25 propriated pursuant to the authorization in subsection (a)


      † S 1260 ES
                                141
 1 shall supplement and not supplant any amounts already
 2 appropriated for the Defense Advanced Research Projects
 3 Agency.
 4 TITLE II—NSF RESEARCH, STEM,
 5    AND GEOGRAPHIC DIVERSITY
 6    INITIATIVES
 7   SEC. 2201. CHIEF DIVERSITY OFFICER OF THE NSF.

 8       (a) CHIEF DIVERSITY OFFICER.—
 9              (1) APPOINTMENT.—The President shall ap-
10       point, by and with the consent of the Senate, a Chief
11       Diversity Officer of the Foundation.
12              (2) QUALIFICATIONS.—The Chief Diversity Of-
13       ficer shall have significant experience, within the
14       Federal Government and the science community,
15       with diversity- and inclusion-related matters, includ-
16       ing—
17                   (A) civil rights compliance;
18                   (B) harassment policy, reviews, and inves-
19              tigations;
20                   (C) equal employment opportunity; and
21                   (D) disability policy.
22              (3) OVERSIGHT.—The Chief Diversity Officer
23       shall direct the Office of Diversity and Inclusion of
24       the Foundation and report directly to the Director




      † S 1260 ES
                                142
1        in the performance of the duties of the Chief Diver-
2        sity Officer under this section.
 3       (b) DUTIES.—The Chief Diversity Officer is respon-
 4 sible for providing advice on policy, oversight, guidance,
 5 and coordination with respect to matters of the Founda-
 6 tion related to diversity and inclusion, including ensuring
 7 the geographic diversity of the Foundation programs.
 8 Other duties may include—
 9              (1) establishing and maintaining a strategic
10       plan that publicly states a diversity definition, vision,
11       and goals for the Foundation;
12              (2) defining a set of strategic metrics that
13       are—
14                   (A) directly linked to key organizational
15              priorities and goals;
16                   (B) actionable; and
17                   (C) actively used to implement the stra-
18              tegic plan under paragraph (1);
19              (3) advising in the establishment of a strategic
20       plan for diverse participation by individuals and in-
21       stitutions of higher education, including community
22       colleges, historically Black colleges and universities,
23       Tribal colleges or universities, minority-serving insti-
24       tutions, institutions of higher education with an es-
25       tablished STEM capacity building program focused


      † S 1260 ES
                                  143
 1       on traditionally underrepresented populations in
 2       STEM, including Native Hawaiians, Alaska Natives,
 3       and Indians, and institutions from jurisdictions eligi-
 4       ble to participate under section 113 of the National
 5       Science Foundation Authorization Act of 1988 (42
 6       U.S.C. 1862g);
 7              (4) advising in the establishment of a strategic
 8       plan for outreach to, and recruiting from, untapped
 9       locations and underrepresented populations;
10              (5) advising on the application of the Founda-
11       tion’s broader impacts review criterion; and
12              (6) performing such additional duties and exer-
13       cise such powers as the Director may prescribe.
14       (c) FUNDING.—From any amounts appropriated for
15 the Foundation for each of fiscal years 2022 through
16 2026, the Director shall allocate $5,000,000 to carry out
17 this section for each such year.
18   SEC. 2202. PROGRAMS TO ADDRESS THE STEM WORK-

19                   FORCE.

20       (a) IN GENERAL.—The Director shall issue under-
21 graduate scholarships, including at community colleges,
22 graduate         fellowships   and   traineeships,   postdoctoral
23 awards, and, as appropriate, other awards.
24       (b) IMPLEMENTATION.—The Director may carry out
25 subsection (a) by making awards—


      † S 1260 ES
                                144
 1              (1) directly to students; or
 2              (2) to institutions of higher education or con-
 3       sortia of institutions of higher education, including
 4       those institutions or consortia involved in operating
 5       university technology centers established under sec-
 6       tion 2104(a).
 7       (c) BROADENING PARTICIPATION.—In carrying out
 8 this section, the Director shall take steps to increase the
 9 participation of populations that are underrepresented in
10 STEM, which may include—
11              (1) establishing or augmenting programs tar-
12       geted at populations that are underrepresented in
13       STEM;
14              (2) supporting traineeships or other relevant
15       programs at minority-serving institutions (or institu-
16       tions of higher education with an established STEM
17       capacity building program focused on traditionally
18       underrepresented populations in STEM, including
19       Native Hawaiians, Alaska Natives, and Indians);
20              (3) addressing current and expected gaps in the
21       availability and skills of the STEM workforce, or ad-
22       dressing the needs of the STEM workforce, includ-
23       ing by prioritizing awards to United States citizens,
24       permanent residents, and individuals that will grow
25       the domestic workforce;


      † S 1260 ES
                             145
 1             (4) addressing geographic diversity in the
 2      STEM workforce; and
 3             (5) awarding grants to institutions of higher
 4      education to address STEM workforce gaps, includ-
 5      ing for programs that recruit, retain, and progress
 6      students to a bachelor’s degree in a STEM discipline
 7      concurrent with a secondary school diploma, such as
 8      through existing and new partnerships with State
 9      educational agencies.
10      (d) INNOVATION.—
11             (1) GRADUATE EDUCATION.—In carrying out
12      this section, the Director shall encourage innovation
13      in graduate education, and studying the impacts of
14      such innovations, including through encouraging in-
15      stitutions of higher education to offer graduate stu-
16      dents opportunities to gain experience in industry or
17      government as part of their graduate training, and
18      through support for students in professional masters
19      programs related to the key technology focus areas.
20             (2) POSTDOCTORAL PROFESSIONAL DEVELOP-
21      MENT.—In     carrying out this section, the Director
22      shall encourage innovation in postdoctoral profes-
23      sional development, support the development and di-
24      versity of the STEM workforce, and study the im-
25      pacts of such innovation and support. To do so, the


     † S 1260 ES
                               146
 1      Director may use postdoctoral awards established
 2      under subsection (a) or leveraged under subsection
 3      (e)(1) for fellowships or other temporary rotational
 4      postings of not more than 2 years. Such fellowships
 5      or temporary rotational postings shall be awarded—
 6                   (A) to qualified individuals who have a
 7             doctoral degree and received such degree not
 8             earlier than 5 years before the date that the fel-
 9             lowship or temporary rotational posting begins;
10             and
11                   (B) to carry out research in the key tech-
12             nology focus areas at Federal, State, local, and
13             Tribal government research facilities.
14             (3) DIRECT HIRE AUTHORITY.—
15                   (A) IN   GENERAL.—During       fiscal year
16             2021 and any fiscal year thereafter, the head of
17             any Federal agency may appoint, without re-
18             gard to the provisions of subchapter I of chap-
19             ter 33 of title 5, United States Code, other than
20             sections 3303 and 3328 of that title, a qualified
21             candidate described in subparagraph (B) di-
22             rectly to a position in the competitive service
23             with the Federal agency for which the can-
24             didate meets Office of Personnel Management
25             qualification standards.


     † S 1260 ES
                               147
 1                  (B) FELLOWSHIP OR TEMPORARY ROTA-
 2              TIONAL POSTING.—Subparagraph        (A) applies
 3              with respect to a former recipient of an award
 4              under this subsection who—
 5                       (i) earned a doctoral degree in a
 6                  STEM field from an institution of higher
 7                  education; and
 8                       (ii) successfully fulfilled the require-
 9                  ments of the fellowship or temporary rota-
10                  tional posting within a Federal agency.
11                  (C) LIMITATION.—The direct hire author-
12              ity under this paragraph shall be exercised with
13              respect to a specific qualified candidate not
14              later than 2 years after the date that the can-
15              didate completed the requirements related to
16              the fellowship or temporary rotational posting
17              described under this subsection.
18       (e) EXISTING PROGRAMS.—In carrying out this sec-
19 tion, the Director may leverage existing programs, includ-
20 ing programs that issue—
21              (1) postdoctoral awards;
22              (2) graduate fellowships and traineeships, inclu-
23       sive of the NSF Research Traineeships and fellow-
24       ships awarded under the Graduate Research Fellow-
25       ship Program; and


      † S 1260 ES
                                148
 1              (3) scholarships, research experiences, and in-
 2       ternships, including—
 3                  (A) scholarships to attend community col-
 4              leges; and
 5                  (B) research experiences and internships
 6              under sections 513, 514, and 515 of the Amer-
 7              ica COMPETES Reauthorization Act of 2010
 8              (42 U.S.C. 1862p–5; 1862p–6; 42 U.S.C.
 9              1862p–7); and
10              (4) awards to institutions of higher education to
11       enable the institutions to fund innovation in under-
12       graduate and graduate education, increased edu-
13       cational capacity, and the development and estab-
14       lishment of new or specialized programs of study for
15       graduate, undergraduate, or technical college stu-
16       dents, and the evaluation of the effectiveness of the
17       programs of study.
18       (f) SET ASIDE.—The Director shall ensure that not
19 less than 20 percent of the funds available to carry out
20 this section shall be used to support institutions of higher
21 education, and other institutions, located in jurisdictions
22 that participate in the program under section 113 of the
23 National Science Foundation Authorization Act of 1988
24 (42 U.S.C. 1862g).




      † S 1260 ES
                              149
 1   SEC. 2203. EMERGING RESEARCH INSTITUTION PILOT PRO-

 2                  GRAM.

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


      † S 1260 ES
                               150
 1              (3) maintenance and repair of research equip-
 2       ment and instrumentation.
 3       (d) DEFINITION OF ELIGIBLE PARTNERSHIP.—In
 4 this section, the term ‘‘eligible partnership’’ means a part-
 5 nership of—
 6              (1) at least 1 emerging research institution; and
 7              (2) at least 1 institution that, on average for
 8       the 3 years prior to an application for an award
 9       under this section, received more than $100,000,000
10       in Federal research funding.
11   SEC. 2204. PERSONNEL MANAGEMENT AUTHORITIES FOR

12                  THE FOUNDATION.

13       (a) EXPERTS IN SCIENCE AND ENGINEERING.—
14              (1) PROGRAM AUTHORIZED.—The Foundation
15       may carry out a program of personnel management
16       authority provided under paragraph (2) in order to
17       facilitate recruitment of eminent experts in science
18       or engineering for research and development projects
19       and to enhance the administration and management
20       of the Foundation.
21              (2) PERSONNEL MANAGEMENT AUTHORITY.—
22       Under the program under paragraph (1), the Foun-
23       dation may—
24                   (A) without regard to any provision of title
25              5, United States Code, governing the appoint-


      † S 1260 ES
                              151
1              ment of employees in the civil service, appoint
2              individuals to a total of not more than 140 po-
3              sitions in the Foundation, of which not more
4              than 5 such positions may be positions of ad-
5              ministration or management of the Foundation;
6                  (B) notwithstanding any provision of title
7              5, United States Code, governing the rates of
8              pay or classification of employees in the execu-
9              tive branch, prescribe the rates of basic pay for
10             positions to which employees are appointed
11             under subparagraph (A)—
12                      (i) in the case of employees appointed
13                 pursuant to subparagraph (A) to any of 5
14                 positions designated by the Foundation for
15                 purposes of this clause, at rates not in ex-
16                 cess of a rate equal to 150 percent of the
17                 maximum rate of basic pay authorized for
18                 positions at level I of the Executive Sched-
19                 ule under section 5312 of title 5, United
20                 States Code; and
21                      (ii) in the case of any other employee
22                 appointed pursuant to subparagraph (A),
23                 at rates not in excess of the maximum rate
24                 of basic pay authorized for senior-level po-




     † S 1260 ES
                              152
 1                 sitions under section 5376 of title 5,
 2                 United States Code; and
 3                 (C) pay any employee appointed under
 4             subparagraph (A), other than an employee ap-
 5             pointed to a position designated as described in
 6             subparagraph (B)(i), payments in addition to
 7             basic pay within the limit applicable to the em-
 8             ployee under paragraph (4).
 9             (3) LIMITATION ON TERM OF APPOINTMENT.—
10                 (A) IN GENERAL.—Except as provided in
11             subparagraph (B), the service of an employee
12             under an appointment under paragraph (2)(A)
13             may not exceed 4 years.
14                 (B) EXTENSION.—The Director may, in
15             the case of a particular employee under the pro-
16             gram under paragraph (1), extend the period to
17             which service is limited under subparagraph (A)
18             by up to 2 years if the Director determines that
19             such action is necessary to promote the effi-
20             ciency of the Foundation, as applicable.
21             (4) MAXIMUM AMOUNT OF ADDITIONAL PAY-
22      MENTS PAYABLE.—Notwithstanding any other provi-

23      sion of this subsection or section 5307 of title 5,
24      United States Code, no additional payments may be
25      paid to an employee under paragraph (2)(C) in any


     † S 1260 ES
                               153
1        calendar year if, or to the extent that, the employ-
2        ee’s total annual compensation in such calendar year
3        will exceed the maximum amount of total annual
4        compensation payable at the salary set in accordance
5        with section 104 of title 3, United States Code.
6        (b) HIGHLY QUALIFIED EXPERTS IN NEEDED OCCU-
7    PATIONS.—

 8              (1) IN GENERAL.—The Foundation may carry
 9       out a program using the authority provided in para-
10       graph (2) in order to attract highly qualified experts
11       in needed occupations, as determined by the Foun-
12       dation. Individuals hired by the Director through
13       such authority may include individuals with exper-
14       tise in business creativity, innovation management,
15       design thinking, entrepreneurship, venture capital,
16       and related fields.
17              (2) AUTHORITY.—Under the program, the
18       Foundation may—
19                  (A) appoint personnel from outside the
20              civil service and uniformed services (as such
21              terms are defined in section 2101 of title 5,
22              United States Code) to positions in the Foun-
23              dation without regard to any provision of title
24              5, United States Code, governing the appoint-




      † S 1260 ES
                                 154
 1             ment of employees to positions in the Founda-
 2             tion;
 3                     (B) prescribe the rates of basic pay for po-
 4             sitions to which employees are appointed under
 5             subparagraph (A) at rates not in excess of the
 6             maximum rate of basic pay authorized for sen-
 7             ior-level positions under section 5376 of title 5,
 8             United States Code, as increased by locality-
 9             based comparability payments under section
10             5304 of such title, notwithstanding any provi-
11             sion of such title governing the rates of pay or
12             classification of employees in the executive
13             branch; and
14                     (C) pay any employee appointed under
15             subparagraph (A) payments in addition to basic
16             pay within the limits applicable to the employee
17             under paragraph (4).
18             (3) LIMITATION ON TERM OF APPOINTMENT.—
19                     (A) IN GENERAL.—Except as provided in
20             subparagraph (B), the service of an employee
21             under an appointment made pursuant to this
22             subsection may not exceed 5 years.
23                     (B) EXTENSION.—The Foundation may, in
24             the case of a particular employee, extend the
25             period to which service is limited under sub-


     † S 1260 ES
                              155
 1             paragraph (A) by up to 1 additional year if the
 2             Foundation determines that such action is nec-
 3             essary to promote the Foundation’s national se-
 4             curity missions.
5              (4) LIMITATIONS ON ADDITIONAL PAYMENTS.—
 6                 (A) TOTAL AMOUNT.—
 7                      (i) IN GENERAL.—The total amount
 8                 of the additional payments paid to an em-
 9                 ployee under this subsection for any 12-
10                 month period may not exceed the lesser of
11                 the following amounts:
12                           (I) $50,000 in fiscal year 2021,
13                      which may be adjusted annually there-
14                      after by the Foundation, with a per-
15                      centage increase equal to one-half of 1
16                      percentage point less than the per-
17                      centage by which the Employment
18                      Cost Index, published quarterly by the
19                      Bureau of Labor Statistics, for the
20                      base quarter of the year before the
21                      preceding calendar year exceeds the
22                      Employment Cost Index for the base
23                      quarter of the second year before the
24                      preceding calendar year.




     † S 1260 ES
                              156
 1                           (II) The amount equal to 50 per-
 2                      cent of the employee’s annual rate of
 3                      basic pay.
4                       (ii) DEFINITION OF BASE QUARTER.—
5                  For purposes of this subparagraph, the
6                  term ‘‘base quarter’’ has the meaning
7                  given such term by section 5302(3) of title
8                  5, United States Code.
 9                 (B) ELIGIBILITY FOR PAYMENTS.—An em-
10             ployee appointed under this subsection is not el-
11             igible for any bonus, monetary award, or other
12             monetary incentive for service, except for pay-
13             ments authorized under this subsection.
14                 (C) ADDITIONAL       LIMITATION.—Notwith-

15             standing any other provision of this paragraph
16             or of section 5307 of title 5, United States
17             Code, no additional payments may be paid to
18             an employee under this subsection in any cal-
19             endar year if, or to the extent that, the employ-
20             ee’s total annual compensation will exceed the
21             maximum amount of total annual compensation
22             payable at the salary set in accordance with
23             section 104 of title 3, United States Code.
24             (5) LIMITATION ON NUMBER OF HIGHLY QUALI-
25      FIED EXPERTS.—The number of highly qualified ex-



     † S 1260 ES
                               157
 1      perts appointed and retained by the Foundation
 2      under paragraph (2)(A) shall not exceed 140 at any
 3      time.
 4             (6) SAVINGS PROVISIONS.—In the event that
 5      the Foundation terminates the program under this
 6      subsection, in the case of an employee who, on the
 7      day before the termination of the program, is serv-
 8      ing in a position pursuant to an appointment under
 9      this subsection—
10                   (A) the termination of the program does
11             not terminate the employee’s employment in
12             that position before the expiration of the lesser
13             of—
14                       (i) the period for which the employee
15                   was appointed; or
16                       (ii) the period to which the employee’s
17                   service is limited under paragraph (3), in-
18                   cluding any extension made under this
19                   subsection before the termination of the
20                   program; and
21                   (B) the rate of basic pay prescribed for the
22             position under this subsection may not be re-
23             duced as long as the employee continues to
24             serve in the position without a break in service.




     † S 1260 ES
                               158
 1       (c) ADDITIONAL HIRING AUTHORITY.—To the extent
 2 needed to carry out the duties under subsection (a)(1),
 3 the Director is authorized to utilize hiring authorities
 4 under section 3372 of title 5, United States Code, to staff
 5 the Foundation with employees from other Federal agen-
 6 cies, State and local governments, Indian Tribes and Trib-
 7 al organizations, institutions of higher education, and
 8 other organizations, as described in that section, in the
 9 same manner and subject to the same conditions, that
10 apply to such individuals utilized to accomplish other mis-
11 sions of the Foundation.
12       (d) NATIONAL ACADEMY OF PUBLIC ADMINISTRA-
13   TION.—

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


      † S 1260 ES
                               159
 1              torates and offices of the Foundation and other
 2              Federal agencies; and
 3                   (C) make recommendations for the man-
 4              agement of the Foundation’s business and per-
 5              sonnel practices, including implementation of
 6              the new hiring authorities and program director
 7              authorities provided in this section and section
 8              2103.
 9              (2) REVIEW.—Upon completion of the study
10       under paragraph (1), the Foundation shall review
11       the recommendations from the National Academy of
12       Public Administration and provide a briefing to Con-
13       gress on the plans of the Foundation to implement
14       any such recommendations.
15   SEC. 2205. ADVANCED TECHNOLOGICAL MANUFACTURING

16                  ACT.

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




      † S 1260 ES
                               160
 1                   (B) in paragraph (4), by inserting ‘‘edu-
 2             cated’’ and before ‘‘trained’’; and
 3                   (C) in paragraph (5), by striking ‘‘sci-
 4             entific and technical education and training’’
 5             and inserting ‘‘STEM education and training’’;
 6             and
 7             (2) in subsection (b)—
 8                   (A) in paragraph (2), by striking ‘‘mathe-
 9             matics and science’’ and inserting ‘‘STEM
10             fields’’; and
11                   (B) in paragraph (4), by striking ‘‘mathe-
12             matics and science instruction’’ and inserting
13             ‘‘STEM instruction’’.
14      (b) MODERNIZING REFERENCES TO STEM.—Section
15 3 of the Scientific and Advanced-Technology Act of 1992
16 (42 U.S.C. 1862i) is amended—
17             (1) in the section heading, by striking ‘‘SCI-
18      ENTIFIC AND TECHNICAL EDUCATION ’’ and in-

19      serting ‘‘STEM EDUCATION’’;
20             (2) in subsection (a)—
21                   (A) in the subsection heading, by striking
22             ‘‘SCIENTIFIC AND TECHNICAL EDUCATION ’’
23             and inserting ‘‘STEM EDUCATION’’;
24                   (B) in the matter preceding paragraph
25             (1)—


     † S 1260 ES
                                161
 1                       (i) by inserting ‘‘and education to pre-
 2                 pare the skilled technical workforce to
 3                 meet workforce demands’’ before ‘‘, and to
 4                 improve’’;
 5                       (ii)   by    striking   ‘‘core   education
 6                 courses in science and mathematics’’ and
 7                 inserting ‘‘core education courses in STEM
 8                 fields’’;
 9                       (iii) by inserting ‘‘veterans and indi-
10                 viduals engaged in’’ before ‘‘work in the
11                 home’’; and
12                       (iv) by inserting ‘‘and on building a
13                 pathway from secondary schools, to asso-
14                 ciate-degree-granting institutions, to ca-
15                 reers that require technical training’’ be-
16                 fore ‘‘, and shall be designed’’;
17                 (C) in paragraph (1)—
18                       (i) by inserting ‘‘and study’’ after
19                 ‘‘development’’; and
20                       (ii) by striking ‘‘core science and
21                 mathematics courses’’ and inserting ‘‘core
22                 STEM courses’’;
23                 (D) in paragraph (2), by striking ‘‘science,
24             mathematics, and advanced-technology fields’’




     † S 1260 ES
                               162
 1             and inserting ‘‘STEM and advanced-technology
 2             fields’’;
 3                   (E) in paragraph (3)(A), by inserting ‘‘to
 4             support the advanced-technology industries that
 5             drive the competitiveness of the United States
 6             in the global economy’’ before the semicolon at
 7             the end;
 8                   (F) in paragraph (4), by striking ‘‘sci-
 9             entific and advanced-technology fields’’ and in-
10             serting     ‘‘STEM    and    advanced-technology
11             fields’’; and
12                   (G) in paragraph (5), by striking ‘‘ad-
13             vanced scientific and technical education’’ and
14             inserting ‘‘advanced STEM and advanced-tech-
15             nology’’;
16             (3) in subsection (b)—
17                   (A) by striking the subsection heading and
18             inserting the following: ‘‘CENTERS       OF    SCI-
19             ENTIFIC AND TECHNICAL EDUCATION.—’’;

20                   (B) in the matter preceding paragraph (1),
21             by striking ‘‘not to exceed 12 in number’’ and
22             inserting ‘‘in advanced-technology fields’’;
23                   (C) in paragraph (2), by striking ‘‘edu-
24             cation in mathematics and science’’ and insert-
25             ing ‘‘STEM education’’; and


     † S 1260 ES
                                163
1                   (D) in the flush matter following para-
2              graph (2), by striking ‘‘in the geographic region
3              served by the center’’;
4              (4) in subsection (c)—
5                   (A) in paragraph (1)—
6                        (i) in subparagraph (A)—
7                               (I) in the matter preceding clause
8                        (i), by striking ‘‘to encourage’’ and all
9                        that follows through ‘‘such means
10                       as—’’ and inserting ‘‘to encourage the
11                       development of career and educational
12                       pathways with multiple entry and exit
13                       points leading to credentials and de-
14                       grees, and to assist students pursuing
15                       pathways in STEM fields to transition
16                       from     associate-degree-granting     col-
17                       leges to bachelor-degree-granting in-
18                       stitutions, through such means as—’’;
19                              (II) in clause (i), by striking ‘‘to
20                       ensure’’ and inserting ‘‘to develop ar-
21                       ticulation agreements that ensure’’;
22                       and
23                              (III) in clause (ii), by striking
24                       ‘‘courses at the bachelor-degree-grant-
25                       ing institution’’ and inserting ‘‘the ca-


     † S 1260 ES
                                164
 1                      reer and educational pathways sup-
 2                      ported by the articulation agree-
 3                      ments’’;
 4                      (ii) in subparagraph (B)—
 5                              (I) in clause (i), by inserting
 6                      ‘‘veterans and individuals engaged in’’
 7                      before ‘‘work in the home’’;
 8                              (II) in clause (iii)—
 9                                    (aa) by striking ‘‘bachelor’s-
10                              degree-granting institutions’’ and
11                              inserting ‘‘institutions or work
12                              sites’’; and
13                                    (bb) by inserting ‘‘or indus-
14                              try internships’’ after ‘‘summer
15                              programs’’; and
16                              (III) by striking the flush text
17                      following clause (iv); and
18                      (iii) by striking subparagraph (C);
19                 (B) in paragraph (2)—
20                      (i) by striking ‘‘mathematics and
21                 science programs’’ and inserting ‘‘STEM
22                 programs’’;
23                      (ii) by inserting ‘‘and, as appropriate,
24                 elementary schools,’’ after ‘‘with secondary
25                 schools’’;


     † S 1260 ES
                                165
 1                      (iii) by striking ‘‘mathematics and
 2                 science education’’ and inserting ‘‘STEM
 3                 education’’;
 4                      (iv) by striking ‘‘secondary school stu-
 5                 dents’’ and inserting ‘‘students at these
 6                 schools’’;
 7                      (v) by striking ‘‘science and advanced-
 8                 technology fields’’ and inserting ‘‘STEM
 9                 and advanced-technology fields’’; and
10                      (vi) by striking ‘‘agreements with local
11                 educational agencies’’ and inserting ‘‘ar-
12                 ticulation     agreements   or   dual   credit
13                 courses with local secondary schools, or
14                 other means as the Director determines
15                 appropriate,’’; and
16                 (C) in paragraph (3)—
17                      (i) by striking subparagraph (B);
18                      (ii) by striking ‘‘shall—’’and all that
19                 follows through ‘‘establish a’’ and inserting
20                 ‘‘shall establish a’’;
21                      (iii) by striking ‘‘the fields of science,
22                 technology, engineering, and mathematics’’
23                 and inserting ‘‘STEM fields’’; and




     † S 1260 ES
                                  166
 1                           (iv) by striking ‘‘; and’’ and inserting
 2                   ‘‘, including jobs at Federal and academic
 3                   laboratories.’’;
 4             (5) in subsection (d)(2)—
 5                   (A) in subparagraph (D), by striking
 6             ‘‘and’’ after the semicolon;
 7                   (B) in subparagraph (E), by striking the
 8             period at the end and inserting a semicolon;
 9             and
10                   (C) by adding at the end the following:
11                   ‘‘(F) as appropriate, applications that
12             apply the best practices for STEM education
13             and technical skills education through distance
14             learning or in a simulated work environment, as
15             determined by research described in subsection
16             (f); and’’;
17             (6) in subsection (g), by striking the second
18      sentence;
19             (7) in subsection (h)(1)—
20                   (A) in subparagraph (A), by striking
21             ‘‘2022’’ and inserting ‘‘2026’’;
22                   (B) in subparagraph (B), by striking
23             ‘‘2022’’ and inserting ‘‘2026’’; and
24                   (C) in subparagraph (C)—




     † S 1260 ES
                                167
 1                        (i) by striking ‘‘up to $2,500,000’’
 2                  and inserting ‘‘not less than $3,000,000’’;
 3                  and
 4                        (ii) by striking ‘‘2022’’ and inserting
 5                  ‘‘2026’’;
 6             (8) in subsection (i)—
 7                  (A) by striking paragraph (3); and
 8                  (B) by redesignating paragraphs (4) and
 9             (5) as paragraphs (3) and (4), respectively; and
10             (9) in subsection (j)—
11                  (A) by striking paragraph (1) and insert-
12             ing the following:
13             ‘‘(1) the term advanced-technology includes
14      technological fields such as advanced manufacturing,
15      agricultural-, biological- and chemical-technologies,
16      energy and environmental technologies, engineering
17      technologies, information technologies, micro and
18      nano-technologies,          cybersecurity    technologies,
19      geospatial technologies, and new, emerging tech-
20      nology areas;’’;
21                  (B) in paragraph (4), by striking ‘‘separate
22             bachelor-degree-granting institutions’’ and in-
23             serting ‘‘other entities’’;
24                  (C) by striking paragraph (7);




     † S 1260 ES
                                168
 1                   (D) by redesignating paragraphs (8) and
 2              (9) as paragraphs (7) and (8), respectively;
 3                   (E) in paragraph (7), as redesignated by
 4              subparagraph (D), by striking ‘‘and’’ after the
 5              semicolon;
 6                   (F) in paragraph (8), as redesignated by
 7              subparagraph (D)—
 8                        (i) by striking ‘‘mathematics, science,
 9                   engineering, or technology’’ and inserting
10                   ‘‘science, technology, engineering, or math-
11                   ematics’’; and
12                        (ii) by striking the period at the end
13                   and inserting ‘‘; and’’; and
14                   (G) by adding at the end the following:
15              ‘‘(9) the term skilled technical workforce means
16       workers—
17                   ‘‘(A) in occupations that use significant
18              levels of science and engineering expertise and
19              technical knowledge; and
20                   ‘‘(B) whose level of educational attainment
21              is less than a bachelor degree.’’.
22       (c) AUTHORIZATION OF APPROPRIATIONS.—Section
23 5 of the Scientific and Advanced-Technology Act of 1992
24 (42 U.S.C. 1862j) is amended to read as follows:




      † S 1260 ES
                               169
 1   ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

 2       ‘‘There are authorized to be appropriated to the Di-
 3 rector (from sums otherwise authorized to be appropriated
 4 for the Foundation) for carrying out sections 2 through
 5 4, $150,000,000 for fiscal years 2022 through 2026.’’.
 6   SEC. 2206. INTRAMURAL EMERGING INSTITUTIONS PILOT

 7                  PROGRAM.

 8       (a) ESTABLISHMENT.—The Director shall conduct
 9 multiple pilot programs within the Foundation to expand
10 the number of institutions of higher education (including
11 such institutions that are community colleges), and other
12 eligible entities that the Director determines appropriate,
13 that are able to successfully compete for Foundation
14 grants.
15       (b) COMPONENTS.—Each pilot program described in
16 subsection (a) shall include at least 1 of the following ele-
17 ments:
18              (1) A mentorship program.
19              (2) Grant writing technical assistance.
20              (3) Targeted outreach, including to a minority-
21       serving institution (including a historically Black col-
22       lege or university, a Tribal college or university, or
23       a Hispanic-serving institution or an institution of
24       higher education with an established STEM capacity
25       building program focused on traditionally underrep-


      † S 1260 ES
                                170
 1       resented populations in STEM, including Native Ha-
 2       waiians, Alaska Natives, and Indians).
 3               (4) Programmatic support or solutions for insti-
 4       tutions or entities that do not have an experienced
 5       grant management office.
 6               (5) An increase in the number of grant review-
 7       ers from institutions of higher education that have
 8       not traditionally received funds from the Founda-
 9       tion.
10               (6) An increase of the term and funding, for a
11       period of 3 years or less, as appropriate, to a prin-
12       cipal investigator that is a first-time grant awardee,
13       when paired with regular mentoring on the adminis-
14       trative aspects of grant management.
15       (c) LIMITATION.—As appropriate, each pilot program
16 described in subsection (a) shall work to reduce adminis-
17 trative burdens.
18       (d) AGENCY-WIDE PROGRAMS.—Not later than 5
19 years after the date of enactment of this division, the Di-
20 rector shall—
21               (1) review the results of the pilot programs de-
22       scribed in subsection (a); and
23               (2) develop agency-wide best practices from the
24       pilot programs for implementation across the Foun-
25       dation, in order to fulfill the requirement under sec-


      † S 1260 ES
                               171
 1       tion 3(e) of the National Science Foundation Act of
 2       1950 (42 U.S.C. 1862(e)).
 3   SEC. 2207. PUBLIC-PRIVATE PARTNERSHIPS.

 4       (a) IN GENERAL.—The Director shall pursue part-
 5 nerships with private industry, private foundations, or
 6 other appropriate private entities to—
 7              (1) enhance the impact of the Foundation’s in-
 8       vestments and contributions to the United States
 9       economic competitiveness and security; and
10              (2) make available infrastructure, expertise, and
11       financial resources to the United States scientific
12       and engineering research and education enterprise.
13       (b) MERIT REVIEW.—Nothing in this section shall be
14 construed as altering any intellectual or broader impacts
15 criteria at the Foundation for evaluating grant applica-
16 tions.
17   SEC. 2208. AI SCHOLARSHIP-FOR-SERVICE ACT.

18       (a) DEFINITIONS.—In this section:
19              (1) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar-
20       tificial intelligence’’ or ‘‘AI’’ has the meaning given
21       the term ‘‘artificial intelligence’’ in section 238(g) of
22       the John S. McCain National Defense Authorization
23       Act for Fiscal Year 2019 (10 U.S.C. 2358 note).
24              (2) EXECUTIVE AGENCY.—The term ‘‘executive
25       agency’’ has the meaning given the term ‘‘Executive


      † S 1260 ES
                              172
 1       agency’’ in section 105 of title 5, United States
 2       Code.
 3              (3) REGISTERED INTERNSHIP.—The term ‘‘reg-
 4       istered internship’’ means a Federal Registered In-
 5       ternship Program coordinated through the Depart-
 6       ment of Labor.
 7       (b) IN GENERAL.—The Director, in coordination
 8 with the Director of the Office of Personnel Management,
 9 the Director of the National Institute of Standards and
10 Technology, and the heads of other agencies with appro-
11 priate scientific knowledge, shall establish a Federal artifi-
12 cial intelligence scholarship-for-service program (referred
13 to in this section as the Federal AI Scholarship-for-Service
14 Program) to recruit and train artificial intelligence profes-
15 sionals to lead and support the application of artificial in-
16 telligence to the missions of Federal, State, local, and
17 Tribal governments.
18       (c) QUALIFIED INSTITUTION         OF   HIGHER EDU-
19   CATION.—The Director, in coordination with the heads of

20 other agencies with appropriate scientific knowledge, shall
21 establish criteria to designate qualified institutions of
22 higher education that shall be eligible to participate in the
23 Federal AI Scholarship-for-Service program. Such criteria
24 shall include—




      † S 1260 ES
                              173
 1             (1) measures of the institution’s demonstrated
 2      excellence in the education of students in the field
 3      of artificial intelligence; and
 4             (2) measures of the institution’s ability to at-
 5      tract and retain a diverse and non-traditional stu-
 6      dent population in the fields of science, technology,
 7      engineering, and mathematics, which may include
 8      the ability to attract women, minorities, and individ-
 9      uals with disabilities.
10      (d) PROGRAM DESCRIPTION AND COMPONENTS.—
11 The Federal AI Scholarship-for-Service Program shall—
12             (1) provide scholarships through qualified insti-
13      tutions of higher education to students who are en-
14      rolled in programs of study at institutions of higher
15      education leading to degrees or concentrations in or
16      related to the artificial intelligence field;
17             (2) provide the scholarship recipients with sum-
18      mer internship opportunities, registered internships,
19      or other meaningful temporary appointments in the
20      Federal workforce focusing on AI projects or re-
21      search;
22             (3) prioritize the employment placement of
23      scholarship recipients in executive agencies;
24             (4) identify opportunities to promote multi-dis-
25      ciplinary programs of study that integrate basic or


     † S 1260 ES
                               174
 1       advanced AI training with other fields of study, in-
 2       cluding those that address the social, economic,
 3       legal, and ethical implications of human interaction
 4       with AI systems; and
 5              (5) support capacity-building education re-
 6       search programs that will enable postsecondary edu-
 7       cational institutions to expand their ability to train
 8       the next-generation AI workforce, including AI re-
 9       searchers and practitioners.
10       (e)    SCHOLARSHIP      AMOUNTS.—Each      scholarship
11 under subsection (d) shall be in an amount that covers
12 the student’s tuition and fees at the institution for not
13 more than 3 years and provides the student with an addi-
14 tional stipend.
15       (f) POST-AWARD EMPLOYMENT OBLIGATIONS.—
16 Each scholarship recipient, as a condition of receiving a
17 scholarship under the program, shall enter into an agree-
18 ment under which the recipient agrees to work for a period
19 equal to the length of the scholarship, following receipt
20 of the student’s degree, in the AI mission of—
21              (1) an executive agency;
22              (2) Congress, including any agency, entity, of-
23       fice, or commission established in the legislative
24       branch;
25              (3) an interstate agency;


      † S 1260 ES
                              175
1              (4) a State, local, or Tribal government, which
2       may include instruction in AI-related skill sets in a
3       public school system; or
4              (5) a State, local, or Tribal government-affili-
5       ated nonprofit entity that is considered to be critical
6       infrastructure (as defined in section 1016(e) of the
7       USA Patriot Act (42 U.S.C. 5195c(e))).
8       (g) HIRING AUTHORITY.—
 9             (1) APPOINTMENT IN EXCEPTED SERVICE.—
10      Notwithstanding any provision of chapter 33 of title
11      5, United States Code, governing appointments in
12      the competitive service, an executive agency may ap-
13      point an individual who has completed the eligible
14      degree program for which a scholarship was awarded
15      to a position in the excepted service in the executive
16      agency.
17             (2) NONCOMPETITIVE CONVERSION.—Except as
18      provided in paragraph (4), upon fulfillment of the
19      service term, an employee appointed under para-
20      graph (1) may be converted noncompetitively to
21      term, career-conditional, or career appointment.
22             (3) TIMING    OF    CONVERSION.—An     executive
23      agency may noncompetitively convert a term em-
24      ployee appointed under paragraph (2) to a career-




     † S 1260 ES
                                176
 1       conditional or career appointment before the term
 2       appointment expires.
 3              (4) AUTHORITY TO DECLINE CONVERSION.—An
 4       executive agency may decline to make the non-
 5       competitive conversion or appointment under para-
 6       graph (2) for cause.
 7       (h) ELIGIBILITY.—To be eligible to receive a scholar-
 8 ship under this section, an individual shall—
 9              (1) be a citizen or lawful permanent resident of
10       the United States;
11              (2) demonstrate a commitment to a career in
12       advancing the field of AI;
13              (3) be—
14                   (A) a full-time student in an eligible degree
15              program at a qualified institution of higher
16              education, as determined by the Director;
17                   (B) a student pursuing a degree on a less
18              than full-time basis, but not less than half-time
19              basis; or
20                   (C) an AI faculty member on sabbatical to
21              advance knowledge in the field; and
22              (4) accept the terms of a scholarship under this
23       section.
24       (i) CONDITIONS OF SUPPORT.—




      † S 1260 ES
                                  177
1               (1) IN GENERAL.—As a condition of receiving a
2       scholarship under this section, a recipient shall agree
3       to provide the qualified institution of higher edu-
4       cation with annual verifiable documentation of post-
5       award employment and up-to-date contact informa-
6       tion.
 7              (2) TERMS.—A scholarship recipient under this
 8      section shall be liable to the United States as pro-
 9      vided in subsection (k) if the individual—
10                      (A) fails to maintain an acceptable level of
11              academic standing at the applicable institution
12              of higher education, as determined by the Di-
13              rector;
14                      (B) is dismissed from the applicable insti-
15              tution of higher education for disciplinary rea-
16              sons;
17                      (C) withdraws from the eligible degree pro-
18              gram before completing the program;
19                      (D) declares that the individual does not
20              intend to fulfill the post-award employment ob-
21              ligation under this section; or
22                      (E) fails to fulfill the post-award employ-
23              ment obligation of the individual under this sec-
24              tion.




     † S 1260 ES
                              178
 1      (j) MONITORING COMPLIANCE.—As a condition of
 2 participating in the program, a qualified institution of
 3 higher education shall—
 4             (1) enter into an agreement with the Director
 5      to monitor the compliance of scholarship recipients
 6      with respect to their post-award employment obliga-
 7      tions; and
 8             (2) provide to the Director, on an annual basis,
 9      the post-award employment documentation required
10      under subsection (i) for scholarship recipients
11      through the completion of their post-award employ-
12      ment obligations.
13      (k) AMOUNT OF REPAYMENT.—
14             (1) LESS THAN 1 YEAR OF SERVICE.—If a cir-
15      cumstance described in subsection (i)(2) occurs be-
16      fore the completion of 1 year of a post-award em-
17      ployment obligation under this section, the total
18      amount of scholarship awards received by the indi-
19      vidual under this section shall—
20                 (A) be repaid; or
21                 (B) be treated as a loan to be repaid in ac-
22             cordance with subsection (l).
23             (2) 1 OR MORE YEARS OF SERVICE.—If a cir-
24      cumstance described in subparagraph (D) or (E) of
25      subsection (i)(2) occurs after the completion of 1 or


     † S 1260 ES
                              179
1       more years of a post-award employment obligation
2       under this section, the total amount of scholarship
3       awards received by the individual under this section,
4       reduced by the ratio of the number of years of serv-
5       ice completed divided by the number of years of
6       service required, shall—
7                  (A) be repaid; or
8                  (B) be treated as a loan to be repaid in ac-
9              cordance with subsection (l).
10      (l) REPAYMENTS.—A loan described in subsection (k)
11 shall—
12             (1) be treated as a Federal Direct Unsubsidized
13      Stafford Loan under part D of title IV of the High-
14      er Education Act of 1965 (20 U.S.C. 1087a et seq.);
15      and
16             (2) be subject to repayment, together with in-
17      terest thereon accruing from the date of the scholar-
18      ship award, in accordance with terms and conditions
19      specified by the Director (in consultation with the
20      Secretary of Education).
21      (m) COLLECTION OF REPAYMENT.—
22             (1) IN GENERAL.—In the event that a scholar-
23      ship recipient is required to repay the scholarship
24      award under this section, the qualified institution of
25      higher education providing the scholarship shall—


     † S 1260 ES
                               180
 1                  (A) determine the repayment amounts and
 2              notify the recipient and the Director of the
 3              amounts owed; and
 4                  (B) collect the repayment amounts within
 5              a period of time as determined by the Director,
 6              or the repayment amounts shall be treated as a
 7              loan in accordance with subsection (l).
 8              (2) RETURNED TO TREASURY.—Except as pro-
 9       vided in paragraph (3), any repayment under this
10       subsection shall be returned to the Treasury of the
11       United States.
12              (3) RETAIN PERCENTAGE.—A qualified institu-
13       tion of higher education may retain a percentage of
14       any repayment the institution collects under this
15       subsection to defray administrative costs associated
16       with the collection. The Director shall establish a
17       fixed percentage that will apply to all eligible enti-
18       ties, and may update this percentage as needed, in
19       the determination of the Director.
20       (n) EXCEPTIONS.—The Director may provide for the
21 partial or total waiver or suspension of any service or pay-
22 ment obligation by an individual under this section when-
23 ever compliance by the individual with the obligation is
24 impossible or would involve extreme hardship to the indi-




      † S 1260 ES
                               181
1 vidual, or if enforcement of such obligation with respect
2 to the individual would be unconscionable.
 3      (o) PUBLIC INFORMATION.—
 4             (1) EVALUATION.—The Director, in coordina-
 5      tion with the Director of the Office of Personnel
 6      Management, shall annually evaluate and make pub-
 7      lic, in a manner that protects the personally identifi-
 8      able information of scholarship recipients, informa-
 9      tion on the success of recruiting individuals for
10      scholarships under this section and on hiring and re-
11      taining those individuals in the public sector AI
12      workforce, including information on—
13                  (A) placement rates;
14                  (B) where students are placed, including
15             job titles and descriptions;
16                  (C) salary ranges for students not released
17             from obligations under this section;
18                  (D) how long after graduation students are
19             placed;
20                  (E) how long students stay in the positions
21             they enter upon graduation;
22                  (F) how many students are released from
23             obligations; and
24                  (G) what, if any, remedial training is re-
25             quired.


     † S 1260 ES
                              182
 1             (2) REPORTS.—The Director, in coordination
 2      with the Office of Personnel Management, shall sub-
 3      mit, not less frequently than once every 3 years, to
 4      the Committee on Homeland Security and Govern-
 5      mental Affairs of the Senate, the Committee on
 6      Commerce, Science, and Transportation of the Sen-
 7      ate, the Committee on Science, Space, and Tech-
 8      nology of the House of Representatives, and the
 9      Committee on Oversight and Reform of the House
10      of Representatives a report, including the results of
11      the evaluation under paragraph (1) and any recent
12      statistics regarding the size, composition, and edu-
13      cational requirements of the Federal AI workforce.
14             (3) RESOURCES.—The Director, in coordination
15      with the Director of the Office of Personnel Manage-
16      ment, shall provide consolidated and user-friendly
17      online resources for prospective scholarship recipi-
18      ents, including, to the extent practicable—
19                  (A) searchable, up-to-date, and accurate
20             information about participating institutions of
21             higher education and job opportunities related
22             to the AI field; and
23                  (B) a modernized description of AI ca-
24             reers.




     † S 1260 ES
                             183
 1       (p) REFRESH.—Not less than once every 2 years, the
 2 Director, in coordination with the Director of the Office
 3 of Personnel Management, shall review and update the
 4 Federal AI Scholarship-for-Service Program to reflect ad-
 5 vances in technology.
 6   SEC. 2209. GEOGRAPHIC DIVERSITY.

 7       (a) DIRECTORATE.—The Director shall use not less
 8 than 20 percent of the funds provided to the Directorate,
 9 for each fiscal year, to carry out the program under sec-
10 tion 113 of the National Science Foundation Authoriza-
11 tion Act of 1988 (42 U.S.C. 1862g) for the purposes of
12 carrying out sections 2104, 2106, 2107, 2108, and 2109
13 of this Act.
14       (b) NATIONAL SCIENCE FOUNDATION.—The Direc-
15 tor shall use not less than 20 percent of the funds provided
16 to the Foundation, for each fiscal year, to carry out the
17 program under section 113 of the National Science Foun-
18 dation Authorization Act of 1988 (42 U.S.C. 1862g).
19       (c) DEPARTMENT OF ENERGY.—The Secretary of
20 Energy shall use not less than 20 percent of the funds
21 provided to the Department of Energy under section 2117
22 for each fiscal year to carry out the program under section
23 2203(b)(3) of the Energy Policy Act of 1992 (42 U.S.C.
24 13503(b)(3)).




      † S 1260 ES
                             184
 1       (d) CONSORTIA.—In the case of an award to a con-
 2 sortium under this division, the Director may count the
 3 entire award toward meeting the funding requirements of
 4 this section if the lead entity of the consortium is located
 5 in a jurisdiction that is eligible to participate in the pro-
 6 gram under section 113 of the National Science Founda-
 7 tion Authorization Act of 1988 (42 U.S.C. 1862g). In the
 8 case of an award to a consortium under this division, the
 9 Secretary may count the entire award toward meeting the
10 funding requirements of this section if the lead entity of
11 the consortium is located in a jurisdiction that is eligible
12 to participate in the program under section 2203(b)(3) of
13 the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)).
14   SEC. 2210. RURAL STEM EDUCATION ACT.

15       (a) DEFINITIONS.—In this section:
16              (1) FEDERAL LABORATORY.—The term ‘‘Fed-
17       eral laboratory’’ has the meaning given such term in
18       section 4 of the Stevenson-Wydler Technology Inno-
19       vation Act of 1980 (15 U.S.C. 3703).
20              (2) 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              (3) STEM.—The term ‘‘STEM’’ has the mean-
25       ing given the term in section 2 of the America COM-


      † S 1260 ES
                              185
1       PETES Reauthorization Act of 2010 (42 U.S.C.
2       6621 note).
3              (4) 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      (b) NATIONAL SCIENCE FOUNDATION RURAL STEM
 8 ACTIVITIES.—
9              (1) PREPARING RURAL STEM EDUCATORS.—
10                 (A) IN GENERAL.—The Director shall pro-
11             vide grants on a merit-reviewed, competitive
12             basis to institutions of higher education or non-
13             profit organizations (or a consortium thereof)
14             for research and development to advance inno-
15             vative approaches to support and sustain high-
16             quality STEM teaching in rural schools.
17                 (B) USE OF FUNDS.—
18                      (i) IN   GENERAL.—Grants       awarded
19                 under this paragraph shall be used for the
20                 research and development activities re-
21                 ferred to in subparagraph (A), which may
22                 include—
23                            (I) engaging rural educators of
24                      students in prekindergarten through
25                      grade 12 in professional learning op-


     † S 1260 ES
                        186
 1                 portunities to enhance STEM knowl-
 2                 edge, including computer science, and
 3                 develop best practices;
 4                      (II) supporting research on effec-
 5                 tive STEM teaching practices in rural
 6                 settings, including the use of rubrics
 7                 and mastery-based grading practices
 8                 to assess student performance when
 9                 employing the transdisciplinary teach-
10                 ing approach for STEM disciplines;
11                      (III) designing and developing
12                 pre-service and in-service training re-
13                 sources to assist such rural educators
14                 in adopting transdisciplinary teaching
15                 practices across STEM courses;
16                      (IV) coordinating with local part-
17                 ners to adapt STEM teaching prac-
18                 tices to leverage local, natural, and
19                 community assets in order to support
20                 in-place learning in rural areas;
21                      (V) providing hands-on training
22                 and research opportunities for rural
23                 educators described in subclause (I) at
24                 Federal laboratories or institutions of
25                 higher education, or in industry;


     † S 1260 ES
                               187
 1                             (VI) developing training and best
 2                     practices for educators who teach
 3                     multiple grade levels within a STEM
 4                     discipline;
 5                             (VII)    designing     and   imple-
 6                     menting         professional   development
 7                     courses and experiences, including
 8                     mentoring, for rural educators de-
 9                     scribed in subclause (I) that combine
10                     face-to-face and online experiences;
11                     and
12                             (VIII) any other activity the Di-
13                     rector determines will accomplish the
14                     goals of this paragraph.
15                     (ii) RURAL STEM COLLABORATIVE.—
16                 The Director shall establish a pilot pro-
17                 gram of regional cohorts in rural areas
18                 that will provide peer support, mentoring,
19                 and hands-on research experiences for
20                 rural STEM educators of students in pre-
21                 kindergarten through grade 12, in order to
22                 build an ecosystem of cooperation among
23                 educators, researchers, academia, and local
24                 industry.




     † S 1260 ES
                              188
 1             (2) BROADENING       PARTICIPATION   OF    RURAL

2       STUDENTS IN STEM.—

 3                 (A) IN GENERAL.—The Director shall pro-
 4             vide grants on a merit-reviewed, competitive
 5             basis to institutions of higher education or non-
 6             profit organizations (or a consortium thereof)
 7             for—
 8                      (i) research and development of pro-
 9                 gramming to identify the barriers rural
10                 students face in accessing high-quality
11                 STEM education; and
12                      (ii) development of innovative solu-
13                 tions to improve the participation and ad-
14                 vancement of rural students in prekinder-
15                 garten through grade 12 in STEM studies.
16                 (B) USE OF FUNDS.—
17                      (i) IN   GENERAL.—Grants         awarded
18                 under this paragraph shall be used for the
19                 research and development activities re-
20                 ferred to in subparagraph (A), which may
21                 include—
22                            (I) developing partnerships with
23                      community colleges to offer advanced
24                      STEM course work, including com-




     † S 1260 ES
                        189
 1                 puter science, to rural high school stu-
 2                 dents;
 3                      (II) supporting research on effec-
 4                 tive STEM practices in rural settings;
 5                      (III) implementing a school-wide
 6                 STEM approach;
 7                      (IV) improving the Foundation’s
 8                 Advanced Technology Education pro-
 9                 gram’s coordination and engagement
10                 with rural communities;
11                      (V) collaborating with existing
12                 community partners and networks,
13                 such as the Cooperative Extension
14                 System services and extramural re-
15                 search programs of the Department of
16                 Agriculture and youth serving organi-
17                 zations like 4–H, after school STEM
18                 programs, and summer STEM pro-
19                 grams, to leverage community re-
20                 sources and develop place-based pro-
21                 gramming;
22                      (VI) connecting rural school dis-
23                 tricts and institutions of higher edu-
24                 cation, to improve precollegiate STEM
25                 education and engagement;


     † S 1260 ES
                              190
 1                           (VII)    supporting   partnerships
 2                    that    offer   hands-on     inquiry-based
 3                    science activities, including coding,
 4                    and access to lab resources for stu-
 5                    dents studying STEM in prekinder-
 6                    garten through grade 12 in a rural
 7                    area;
 8                           (VIII) evaluating the role of
 9                    broadband connectivity and its associ-
10                    ated impact on the STEM and tech-
11                    nology literacy of rural students;
12                           (IX) building capacity to support
13                    extracurricular STEM programs in
14                    rural schools, including mentor-led en-
15                    gagement programs, STEM programs
16                    held during nonschool hours, STEM
17                    networks, makerspaces, coding activi-
18                    ties, and competitions; and
19                           (X) any other activity the Direc-
20                    tor determines will accomplish the
21                    goals of this paragraph.
22             (3) APPLICATION.—An applicant seeking a
23      grant under paragraph (1) or (2) shall submit an
24      application at such time, in such manner, and con-




     † S 1260 ES
                               191
 1      taining such information as the Director may re-
 2      quire. The application may include the following:
 3                  (A) A description of the target population
 4             to be served by the research activity or activi-
 5             ties for which such grant is sought.
 6                  (B) A description of the process for re-
 7             cruitment and selection of students, educators,
 8             or schools from rural areas to participate in
 9             such activity or activities.
10                  (C) A description of how such activity or
11             activities may inform efforts to promote the en-
12             gagement and achievement of rural students in
13             prekindergarten through grade 12 in STEM
14             studies.
15                  (D) In the case of a proposal consisting of
16             a partnership or partnerships with one or more
17             rural schools and one or more researchers, a
18             plan for establishing a sustained partnership
19             that is jointly developed and managed, draws
20             from the capacities of each partner, and is mu-
21             tually beneficial.
22             (4) PARTNERSHIPS.—In awarding grants under
23      paragraph (1) or (2), the Director shall—
24                  (A) encourage applicants which, for the
25             purpose of the activity or activities funded


     † S 1260 ES
                              192
1              through the grant, include or partner with a
2              nonprofit organization or an institution of high-
3              er education (or a consortium thereof) that has
4              extensive experience and expertise in increasing
5              the participation of rural students in prekinder-
6              garten through grade 12 in STEM; and
7                   (B) encourage applicants which, for the
8              purpose of the activity or activities funded
9              through the grant, include or partner with a
10             consortium of rural schools or rural school dis-
11             tricts.
12             (5) EVALUATIONS.—All proposals for grants
13      under paragraphs (1) and (2) shall include an eval-
14      uation plan that includes the use of outcome-ori-
15      ented measures to assess the impact and efficacy of
16      the grant. Each recipient of a grant under this sub-
17      section shall include results from these evaluative ac-
18      tivities in annual and final projects.
19             (6) ACCOUNTABILITY AND DISSEMINATION.—
20                  (A) EVALUATION REQUIRED.—The Direc-
21             tor shall evaluate the portfolio of grants award-
22             ed under paragraphs (1) and (2). Such evalua-
23             tion shall—




     † S 1260 ES
                              193
 1                      (i) assess the results of research con-
 2                 ducted under such grants and identify best
 3                 practices; and
 4                      (ii) to the extent practicable, integrate
 5                 the findings of research resulting from the
 6                 activity or activities funded through such
 7                 grants with the findings of other research
 8                 on rural students’ pursuit of degrees or ca-
 9                 reers in STEM.
10                 (B) REPORT ON EVALUATIONS.—Not later
11             than 180 days after the completion of the eval-
12             uation under subparagraph (A), the Director
13             shall submit to Congress and make widely avail-
14             able to the public a report that includes—
15                      (i) the results of the evaluation; and
16                      (ii) any recommendations for adminis-
17                 trative and legislative action that could op-
18                 timize the effectiveness of the grants
19                 awarded under this subsection.
20             (7) REPORT BY COMMITTEE ON EQUAL OPPOR-
21      TUNITIES IN SCIENCE AND ENGINEERING.—As part

22      of the first report required by section 36(e) of the
23      Science and Engineering Equal Opportunities Act
24      (42 U.S.C. 1885c(e)) transmitted to Congress after
25      the date of enactment of this division, the Com-


     † S 1260 ES
                              194
 1      mittee on Equal Opportunities in Science and Engi-
 2      neering shall include—
 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 the policies and ac-
 9             tivities of the Foundation, along with proposals
10             for new strategies or the broadening of existing
11             successful strategies towards facilitating the
12             goal of increasing participation of rural stu-
13             dents in prekindergarten through grade 12 in
14             Foundation activities.
15             (8) COORDINATION.—In carrying out this sub-
16      section, the Director shall, for purposes of enhancing
17      program effectiveness and avoiding duplication of ac-
18      tivities, consult, cooperate, and coordinate with the
19      programs and policies of other relevant Federal
20      agencies.
21      (c) OPPORTUNITIES FOR ONLINE EDUCATION.—
22             (1) IN GENERAL.—The Director shall award
23      competitive grants to institutions of higher education
24      or nonprofit organizations (or a consortium thereof,
25      which may include a private sector partner) to con-


     † S 1260 ES
                               195
1       duct research on online STEM education courses for
2       rural communities.
 3             (2) RESEARCH AREAS.—The research areas eli-
 4      gible for funding under this subsection shall in-
 5      clude—
 6                   (A) evaluating the learning and achieve-
 7             ment of rural students in prekindergarten
 8             through grade 12 in STEM subjects;
 9                   (B) understanding how computer-based
10             and online professional development courses
11             and mentor experiences can be integrated to
12             meet the needs of educators of rural students in
13             prekindergarten through grade 12;
14                   (C) combining computer-based and online
15             STEM education and training with apprentice-
16             ships, mentoring, or other applied learning ar-
17             rangements;
18                   (D) leveraging online programs to supple-
19             ment STEM studies for rural students that
20             need physical and academic accommodation;
21             and
22                   (E) any other activity the Director deter-
23             mines will accomplish the goals of this sub-
24             section.




     † S 1260 ES
                               196
1              (3) EVALUATIONS.—All proposals for grants
2       under this subsection shall include an evaluation
3       plan that includes the use of outcome-oriented meas-
4       ures to assess the impact and efficacy of the grant.
5       Each recipient of a grant under this subsection shall
6       include results from these evaluative activities in an-
7       nual and final projects.
8              (4) ACCOUNTABILITY AND DISSEMINATION.—
 9                 (A) EVALUATION REQUIRED.—The Direc-
10             tor shall evaluate the portfolio of grants award-
11             ed under this subsection. Such evaluation
12             shall—
13                      (i) use a common set of benchmarks
14                 and tools to assess the results of research
15                 conducted under such grants and identify
16                 best practices; and
17                      (ii) to the extent practicable, integrate
18                 findings from activities carried out pursu-
19                 ant to research conducted under this sub-
20                 section, with respect to the pursuit of ca-
21                 reers and degrees in STEM, with those ac-
22                 tivities carried out pursuant to other re-
23                 search on serving rural students and com-
24                 munities.




     † S 1260 ES
                               197
 1                   (B) REPORT ON EVALUATIONS.—Not later
 2              than 180 days after the completion of the eval-
 3              uation under subparagraph (A), the Director
 4              shall submit to Congress and make widely avail-
 5              able to the public a report that includes—
 6                        (i) the results of the evaluation; and
 7                        (ii) any recommendations for adminis-
 8                   trative and legislative action that could op-
 9                   timize the effectiveness of the grants
10                   awarded under this subsection.
11              (5) COORDINATION.—In carrying out this sub-
12       section, the Director shall, for purposes of enhancing
13       program effectiveness and avoiding duplication of ac-
14       tivities, consult, cooperate, and coordinate with the
15       programs and policies of other relevant Federal
16       agencies.
17       (d) NATIONAL ACADEMIES OF SCIENCES, ENGINEER-
18   ING, AND MEDICINE EVALUATION.—

19              (1) STUDY.—Not later than 12 months after
20       the date of enactment of this division, the Director
21       shall enter into an agreement with the National
22       Academies of Sciences, Engineering, and Medicine
23       under which the National Academies agree to con-
24       duct an evaluation and assessment that—




      † S 1260 ES
                               198
1                   (A) evaluates the quality and quantity of
2              current Federal programming and research di-
3              rected at examining STEM education for stu-
4              dents in prekindergarten through grade 12 and
5              workforce development in rural areas;
6                   (B) in coordination with the Federal Com-
7              munications Commission, assesses the impact
8              that the scarcity of broadband connectivity in
9              rural communities, and the affordability of
10             broadband connectivity, have on STEM and
11             technical literacy for students in prekinder-
12             garten through grade 12 in rural areas;
13                  (C) assesses the core research and data
14             needed to understand the challenges rural areas
15             are facing in providing quality STEM education
16             and workforce development;
17                  (D) makes recommendations for action at
18             the Federal, State, and local levels for improv-
19             ing STEM education, including online STEM
20             education, for students in prekindergarten
21             through grade 12 and workforce development in
22             rural areas; and
23                  (E) makes recommendations to inform the
24             implementation of programs in subsections (a),
25             (b), and (c).


     † S 1260 ES
                              199
 1              (2) REPORT TO DIRECTOR.—The agreement en-
 2       tered into under paragraph (1) shall require the Na-
 3       tional Academies of Sciences, Engineering, and Med-
 4       icine, not later than 24 months after the date of en-
 5       actment of this division, to submit to the Director
 6       a report on the study conducted under such para-
 7       graph, including the National Academies’ findings
 8       and recommendations.
 9       (e) GAO REVIEW.—Not later than 3 years after the
10 date of enactment of this division, the Comptroller General
11 of the United States shall conduct a study on the engage-
12 ment of rural populations in Federal STEM programs and
13 submit to Congress a report that includes—
14              (1) an assessment of how Federal STEM edu-
15       cation programs are serving rural populations;
16              (2) a description of initiatives carried out by
17       Federal agencies that are targeted at supporting
18       STEM education in rural areas;
19              (3) an assessment of what is known about the
20       impact and effectiveness of Federal investments in
21       STEM education programs that are targeted to
22       rural areas; and
23              (4) an assessment of challenges that State and
24       Federal STEM education programs face in reaching
25       rural population centers.


      † S 1260 ES
                               200
 1       (f) CAPACITY BUILDING THROUGH EPSCOR.—Sec-
 2 tion 517(f)(2) of the America COMPETES Reauthoriza-
 3 tion Act of 2010 (42 U.S.C. 1862p–9(f)(2)) is amended—
 4              (1) in subparagraph (A), by striking ‘‘and’’ at
 5       the end; and
 6              (2) by adding at the end the following:
 7                  ‘‘(C) to increase the capacity of rural com-
 8              munities to provide quality STEM education
 9              and STEM workforce development program-
10              ming to students and teachers; and’’.
11       (g) NIST ENGAGEMENT WITH RURAL COMMU-
12   NITIES.—

13              (1) MEP OUTREACH.—Section 25 of the Na-
14       tional Institute of Standards and Technology Act
15       (15 U.S.C. 278k) is amended—
16                  (A) in subsection (c)—
17                         (i) in paragraph (6), by striking
18                  ‘‘community colleges and area career and
19                  technical education schools’’ and inserting
20                  the following: ‘‘secondary schools (as de-
21                  fined in section 8101 of the Elementary
22                  and Secondary Education Act of 1965 (20
23                  U.S.C. 7801)), community colleges, and
24                  area    career   and   technical      education




      † S 1260 ES
                              201
 1                 schools, including those in underserved and
 2                 rural communities,’’; and
 3                      (ii) in paragraph (7)—
 4                           (I) by striking ‘‘and local col-
 5                      leges’’ and inserting the following:
 6                      ‘‘local high schools and local colleges,
 7                      including those in underserved and
 8                      rural communities,’’; and
 9                           (II) by inserting ‘‘or other ap-
10                      plied learning opportunities’’ after
11                      ‘‘apprenticeships’’; and
12                 (B) in subsection (d)(3), by striking ‘‘,
13             community colleges, and area career and tech-
14             nical education schools,’’ and inserting the fol-
15             lowing: ‘‘and local high schools, community col-
16             leges, and area career and technical education
17             schools, including those in underserved and
18             rural communities,’’.
19             (2) RURAL     CONNECTIVITY      PRIZE   COMPETI-

20      TION.—

21                 (A) PRIZE     COMPETITION.—Pursuant        to
22             section 24 of the Stevenson-Wydler Technology
23             Innovation Act of 1980 (15 U.S.C. 3719), the
24             Secretary of Commerce shall carry out a pro-
25             gram to award prizes competitively to stimulate


     † S 1260 ES
                              202
 1             research and development of creative tech-
 2             nologies to support the deployment of afford-
 3             able and reliable broadband connectivity in
 4             rural communities, including unserved rural
 5             communities.
 6                 (B) PLAN FOR DEPLOYMENT IN RURAL
 7             COMMUNITIES.—Each        proposal submitted pur-
 8             suant to subparagraph (A) shall include a pro-
 9             posed plan for deployment of the technology
10             that is the subject of such proposal.
11                 (C) PRIZE AMOUNT.—In carrying out the
12             program under subparagraph (A), the Secretary
13             may award not more than a total of $5,000,000
14             to one or more winners of the prize competition.
15                 (D) REPORT.—Not later than 60 days
16             after the date on which a prize is awarded
17             under the prize competition, the Secretary shall
18             submit to the relevant committees of Congress
19             a report that describes the winning proposal of
20             the prize competition.
21                 (E) CONSULTATION.—In carrying out the
22             program under this paragraph, the Secretary
23             shall consult with the Federal Communications
24             Commission and the heads of relevant depart-
25             ments and agencies of the Federal Government.


     † S 1260 ES
                               203
 1   SEC. 2211. QUANTUM NETWORK INFRASTRUCTURE AND

 2                    WORKFORCE DEVELOPMENT ACT.

3        (a) DEFINITIONS.—In this section:
4               (1) ESEA DEFINITIONS.—The terms ‘‘elemen-
5        tary school’’, ‘‘high school’’, ‘‘local educational agen-
6        cy’’, and ‘‘secondary school’’ have the meanings
7        given those terms in section 8101 of the Elementary
8        and Secondary Education Act of 1965 (20 U.S.C.
9        7801).
10              (2)    APPROPRIATE    COMMITTEES       OF   CON-

11       GRESS.—The term ‘‘appropriate committees of Con-

12       gress’’ has the meaning given such term in section
13       2 of the National Quantum Initiative Act (15 U.S.C.
14       8801).
15              (3) INTERAGENCY WORKING GROUP.—The term
16       ‘‘Interagency Working Group’’ means the QIS
17       Workforce Working Group under the Subcommittee
18       on Quantum Information Science of the National
19       Science and Technology Council.
20              (4) Q2WORK PROGRAM.—The term ‘‘Q2Work
21       Program’’ means the Q2Work Program supported
22       by the Foundation.
23              (5) QUANTUM     INFORMATION      SCIENCE.—The

24       term ‘‘quantum information science’’ has the mean-
25       ing given such term in section 2 of the National
26       Quantum Initiative Act (15 U.S.C. 8801).
      † S 1260 ES
                                204
 1              (6) STEM.—The term ‘‘STEM’’ has the mean-
 2       ing given the term in section 2 of the America COM-
 3       PETES Reauthorization Act of 2010 (42 U.S.C.
 4       6621 note).
 5       (b) QUANTUM NETWORKING WORKING GROUP RE-
 6   PORT ON        QUANTUM NETWORKING        AND   COMMUNICA-
 7   TIONS.—

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


      † S 1260 ES
                              205
1              standards for quantum communications tech-
2              nology, including standards relating to—
3                       (i) quantum cryptography and post-
4                  quantum classical cryptography;
5                       (ii) network security;
6                       (iii) quantum network infrastructure;
7                       (iv) transmission of quantum informa-
8                  tion through optical fiber networks; and
9                       (v) any other technologies considered
10                 appropriate by the Working Group;
11                 (C) a proposal for the protection of na-
12             tional security interests relating to the advance-
13             ment of quantum networking and communica-
14             tions technology;
15                 (D) recommendations to Congress for leg-
16             islative action relating to the framework, plan,
17             and proposal set forth pursuant to subpara-
18             graphs (A), (B), and (C), respectively; and
19                 (E) such other matters as the Working
20             Group considers necessary to advance the secu-
21             rity of communications and network infrastruc-
22             ture, remain at the forefront of scientific dis-
23             covery in the quantum information science do-
24             main, and transition quantum information




     † S 1260 ES
                                206
1              science research into the emerging quantum
2              technology economy.
3       (c) QUANTUM NETWORKING AND COMMUNICATIONS
4 RESEARCH.—
 5             (1) RESEARCH.—The Under Secretary of Com-
 6      merce for Standards and Technology shall carry out
 7      research to facilitate the development and standard-
 8      ization of quantum networking and communications
 9      technologies and applications, including research on
10      the following:
11                  (A) Quantum cryptography and post-quan-
12             tum classical cryptography.
13                  (B) Quantum repeater technology.
14                  (C) Quantum network traffic management.
15                  (D) Quantum transduction.
16                  (E)   Long    baseline   entanglement   and
17             teleportation.
18                  (F) Such other technologies, processes, or
19             applications as the Under Secretary considers
20             appropriate.
21             (2) IMPLEMENTATION.—The Under Secretary
22      shall carry out the research required by paragraph
23      (1) through such divisions, laboratories, offices and
24      programs of the National Institute of Standards and
25      Technology as the Under Secretary considers appro-


     † S 1260 ES
                               207
 1       priate and actively engaged in activities relating to
 2       quantum information science.
 3              (3) DEVELOPMENT OF STANDARDS.—For quan-
 4       tum technologies deemed by the Under Secretary to
 5       be at a readiness level sufficient for standardization,
 6       the Under Secretary shall provide technical review
 7       and assistance to such other Federal agencies as the
 8       Under Secretary considers appropriate for the devel-
 9       opment of quantum network infrastructure stand-
10       ards.
11              (4) AUTHORIZATION OF APPROPRIATIONS.—
12                  (A) IN GENERAL.—There is authorized to
13              be appropriated to the Scientific and Technical
14              Research and Services account of the National
15              Institute of Standards and Technology to carry
16              out this subsection $10,000,000 for each of fis-
17              cal years 2022 through 2026.
18                  (B) SUPPLEMENT, NOT SUPPLANT.—The
19              amounts authorized to be appropriated under
20              subparagraph (A) shall supplement and not
21              supplant amounts already appropriated to the
22              account described in such subparagraph.
23       (d) QUANTUM WORKFORCE EVALUATION AND AC-
24   CELERATION.—




      † S 1260 ES
                               208
 1             (1) IDENTIFICATION OF GAPS.—The Founda-
 2      tion shall enter into an agreement with the National
 3      Academies of Sciences, Engineering, and Medicine to
 4      conduct a study of ways to support the next genera-
 5      tion of quantum leaders.
 6             (2) SCOPE OF STUDY.—In carrying out the
 7      study described in paragraph (1), the National
 8      Academies of Sciences, Engineering, and Medicine
 9      shall identify—
10                  (A) education gaps, including foundational
11             courses in STEM and areas in need of stand-
12             ardization, in elementary school, middle school,
13             high school, and higher education curricula,
14             that need to be rectified in order to prepare
15             students to participate in the quantum work-
16             force;
17                  (B) the skills and workforce needs of in-
18             dustry, specifically identifying the cross-discipli-
19             nary academic degrees or academic courses nec-
20             essary—
21                       (i) to qualify students for multiple ca-
22                  reer pathways in quantum information
23                  sciences and related fields;
24                       (ii) to ensure the United States is
25                  competitive in the field of quantum infor-


     † S 1260 ES
                              209
1                  mation science while preserving national
2                  security; and
3                        (iii) to support the development of
4                  quantum applications; and
5                  (C) the resources and materials needed to
6              train elementary, middle, and high school edu-
7              cators to effectively teach curricula relevant to
8              the development of a quantum workforce.
9              (3) REPORTS.—
10                 (A)   EXECUTIVE      SUMMARY.—Not        later
11             than 2 years after the date of enactment of this
12             division, the National Academies of Science,
13             Engineering, and Medicine shall prepare and
14             submit to the Foundation, and programs or
15             projects funded by the Foundation, an executive
16             summary of progress regarding the study con-
17             ducted under paragraph (1) that outlines the
18             findings of the Academies as of such date.
19                 (B) REPORT.—Not later than 3 years after
20             the date of enactment of this division, the Na-
21             tional Academies of Science, Engineering, and
22             Medicine shall prepare and submit a report con-
23             taining the results of the study conducted under
24             paragraph (1) to Congress, the Foundation,
25             and programs or projects funded by the Foun-


     † S 1260 ES
                                210
 1              dation that are relevant to the acceleration of a
 2              quantum workforce.
3        (e) INCORPORATING QISE INTO STEM CUR-
4    RICULUM.—

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




      † S 1260 ES
                             211
 1                 (E) materials that specifically address the
 2             findings and outcomes of the study conducted
 3             under subsection (d) and strategies to account
 4             for the skills and workforce needs identified
 5             through the study.
 6             (3) COORDINATION.—In carrying out this sub-
 7      section, the Foundation, including the STEM Edu-
 8      cation Advisory Panel and the Advancing Informal
 9      STEM Learning program and through the Founda-
10      tion’s role in the National Q–12 Education Partner-
11      ship and the programs such as the Q2Work Pro-
12      gram, shall coordinate with the Office of Science and
13      Technology Policy, EPSCoR eligible universities, and
14      any Federal agencies or working groups determined
15      necessary by the Foundation.
16             (4) REVIEW.—In implementing this subsection,
17      the Foundation shall support the community expan-
18      sion of the related report entitled Key Concepts for
19      Future QIS Learners (May 2020).
20      (f) QUANTUM EDUCATION PILOT PROGRAM.—
21             (1) IN   GENERAL.—The    Foundation, through
22      the Foundation’s role in the National Q–12 Edu-
23      cation Partnership and programs such as Q2Work
24      Program, and in coordination with the Directorate
25      for Education and Human Resources, shall carry


     † S 1260 ES
                             212
1       out a pilot program, to be known as the Next Gen-
2       eration Quantum Leaders Pilot Program, to provide
3       funding for the education and training of the next
4       generation of students in the fundamental principles
5       of quantum mechanics.
6              (2) REQUIREMENTS.—
 7                 (A) IN   GENERAL.—In     carrying out the
 8             pilot program required by paragraph (1), the
 9             Foundation shall—
10                     (i) publish a call for applications
11                 through the National Q–12 Education
12                 Partnership website (or similar website)
13                 for participation in the pilot program from
14                 elementary schools, secondary schools, and
15                 State educational agencies as determined
16                 appropriate by the Foundation;
17                     (ii) coordinate with educational service
18                 agencies, associations that support STEM
19                 educators or local educational agencies,
20                 and partnerships through the Q–12 Edu-
21                 cation Partnership, to encourage elemen-
22                 tary schools, secondary schools, and State
23                 educational agencies to participate in the
24                 program as determined appropriate by the
25                 Foundation;


     † S 1260 ES
                               213
 1                       (iii) accept applications in advance of
 2                  the academic year in which the program
 3                  shall begin; and
 4                       (iv) select elementary schools, sec-
 5                  ondary schools, and State educational
 6                  agencies to participate in the program, as
 7                  determined appropriate by the Foundation,
 8                  in accordance with qualifications deter-
 9                  mined by the QIS Workforce Working
10                  Group, in coordination with the National
11                  Q–12 Education Partnership.
12                  (B) PRIORITIZATION.—In selecting pro-
13             gram participants under subparagraph (A)(iv),
14             the Director of the Foundation shall give pri-
15             ority to elementary schools, secondary schools,
16             and local educational agencies located in juris-
17             dictions eligible to participate in the Estab-
18             lished Program to Stimulate Competitive Re-
19             search (commonly known as EPSCoR), includ-
20             ing Tribal and rural elementary, middle, and
21             high schools in such jurisdictions.
22             (3) CONSULTATION.—The Foundation shall
23      carry out this subsection in consultation with the
24      QIS Workforce Working Group and the Advancing
25      Informal STEM Learning Program.


     † S 1260 ES
                               214
1              (4) REPORTING.—
 2                  (A) REPORT       AND       SELECTED   PARTICI-

 3             PANTS.—Not later than 90 days following the

 4             closing of the application period under para-
 5             graph (2)(A)(iii), the Director of the Founda-
 6             tion shall submit to Congress a report on the
 7             educational institutions selected to participate
 8             in the pilot program required under paragraph
 9             (1), specifying the percentage from nontradi-
10             tional geographies, including Tribal or rural
11             school districts.
12                  (B) REPORT       ON    IMPLEMENTATION      OF

13             CURRICULUM.—Not later than 2 years after the

14             date of enactment of this division, the Director
15             of the Foundation shall submit to Congress a
16             report on implementation of the curricula and
17             materials under the pilot program, including
18             the feasibility and advisability of expanding
19             such pilot program to include additional edu-
20             cational institutions beyond those originally se-
21             lected to participate in the pilot program.
22             (5) AUTHORIZATION          OF   APPROPRIATIONS.—

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




     † S 1260 ES
                              215
1              (6) TERMINATION.—This subsection shall cease
2       to have effect on the date that is 3 years after the
3       date of the enactment of this division.
 4      (g) ENERGY SCIENCES NETWORK.—
 5             (1) IN GENERAL.—The Secretary of Energy
 6      (referred to in this subsection as the Secretary), in
 7      coordination with the National Science Foundation
 8      and the National Aeronautics and Space Administra-
 9      tion, shall supplement the Energy Sciences Network
10      User Facility (referred to in this subsection as the
11      Network) with dedicated quantum network infra-
12      structure to advance development of quantum net-
13      working and communications technology.
14             (2) PURPOSE.—The purpose of paragraph (1)
15      is to utilize the Network to advance a broad range
16      of testing and research, including relating to—
17                  (A) the establishment of stable, long-base-
18             line quantum entanglement and teleportation;
19                  (B) quantum repeater technologies for
20             long-baseline communication purposes;
21                  (C) quantum transduction;
22                  (D) the coexistence of quantum and clas-
23             sical information;




     † S 1260 ES
                               216
 1                   (E) multiplexing, forward error correction,
 2              wavelength routing algorithms, and other quan-
 3              tum networking infrastructure; and
 4                   (F) any other technologies or applications
 5              determined necessary by the Secretary.
 6              (3) AUTHORIZATION      OF   APPROPRIATIONS.—

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

11                  ACT.

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


      † S 1260 ES
                               217
 1              (2) early-career investigators who choose to
 2       carry out independent research at a minority-serving
 3       institution (or an institution of higher education
 4       with an established STEM capacity building pro-
 5       gram focused on traditionally underrepresented pop-
 6       ulations in STEM, including Native Hawaiians,
 7       Alaska Natives, and Indians); and
 8              (3) early-career investigators in a jurisdiction
 9       eligible to participate under section 113 of the Na-
10       tional Science Foundation Authorization Act of 1988
11       (42 U.S.C. 1862g).
12       (d) REPORTS FROM GRANTEES.—Not later than 180
13 days after the end of the pilot program under this section,
14 each early-career investigator who receives a grant under
15 the pilot program shall submit a report to the Director
16 that describes how the early-career investigator used the
17 grant funds.
18       (e) REPORT TO CONGRESS.—Not later than 180 days
19 after the deadline for the submission of the reports de-
20 scribed in subsection (d), the Director shall submit a re-
21 port to the Committee on Commerce, Science, and Trans-
22 portation of the Senate and the Committee on Science,
23 Space, and Technology of the House of Representatives
24 that contains a summary of the uses of grant funds under




      † S 1260 ES
                               218
 1 this section and the impact of the pilot program under
 2 this section.
 3   SEC. 2213. ADVANCING PRECISION AGRICULTURE CAPA-

 4                  BILITIES ACT.

 5       (a) SHORT TITLE.—This section may be cited as the
 6 ‘‘Advancing IoT for Precision Agriculture Act of 2021’’.
 7       (b) PURPOSE.—It is the purpose of this section to
 8 promote scientific research and development opportunities
 9 for connected technologies that advance precision agri-
10 culture capabilities.
11       (c) FOUNDATION DIRECTIVE           ON   AGRICULTURAL
12 SENSOR RESEARCH.—In awarding grants under the sen-
13 sor systems and networked systems programs of the Foun-
14 dation, the Director shall include in consideration of port-
15 folio balance research and development on sensor
16 connectivity in environments of intermittent connectivity
17 and intermittent computation—
18              (1) to improve the reliable use of advance sens-
19       ing systems in rural and agricultural areas; and
20              (2) that considers—
21                   (A) direct gateway access for locally stored
22              data;
23                   (B) attenuation of signal transmission;
24                   (C) loss of signal transmission; and




      † S 1260 ES
                                219
 1                   (D) at-scale performance for wireless
 2              power.
 3       (d) UPDATING CONSIDERATIONS FOR PRECISION AG-
 4   RICULTURE TECHNOLOGY WITHIN THE NSF ADVANCED

 5 TECHNICAL EDUCATION PROGRAM.—Section 3 of the Sci-
 6 entific and Advanced-Technology Act of 1992 (42 U.S.C.
 7 1862i), as amended by section 2205, is further amended—
 8              (1) in subsection (d)(2), by adding at the end
 9       the following:
10                   ‘‘(G) applications that incorporate distance
11              learning tools and approaches.’’; and
12              (2) in subsection (e)(3)—
13                   (A) in subparagraph (C), by striking
14              ‘‘and’’ after the semicolon;
15                   (B) in subparagraph (D), by striking the
16              period at the end and inserting ‘‘; and’’; and
17                   (C) by adding at the end the following:
18                   ‘‘(E) applications that incorporate distance
19              learning tools and approaches.’’.
20       (e) GAO REVIEW.—Not later than 18 months after
21 the date of enactment of this section, the Comptroller
22 General of the United States shall provide—
23              (1) a technology assessment of precision agri-
24       culture technologies, such as the existing use of—




      † S 1260 ES
                              220
1                  (A)    sensors,   scanners,   radio-frequency
2              identification, and related technologies that can
3              monitor soil properties, irrigation conditions,
4              and plant physiology;
5                  (B)    sensors,   scanners,   radio-frequency
6              identification, and related technologies that can
7              monitor livestock activity and health;
8                  (C) network connectivity and wireless com-
9              munications that can securely support digital
10             agriculture technologies in rural and remote
11             areas;
12                 (D) aerial imagery generated by satellites
13             or unmanned aerial vehicles;
14                 (E) ground-based robotics;
15                 (F)     control     systems    design    and
16             connectivity, such as smart irrigation control
17             systems; and
18                 (G) data management software and ad-
19             vanced analytics that can assist decision mak-
20             ing and improve agricultural outcomes; and
21             (2) a review of Federal programs that provide
22      support for precision agriculture research, develop-
23      ment, adoption, education, or training, in existence
24      on the date of enactment of this section.




     † S 1260 ES
                                 221
 1   SEC. 2214. CRITICAL MINERALS MINING RESEARCH.

 2       (a) CRITICAL MINERALS MINING RESEARCH AND
 3 DEVELOPMENT AT THE FOUNDATION.—
 4              (1) IN GENERAL.—In order to support supply
 5       chain resiliency, the Director shall issue awards, on
 6       a competitive basis, to institutions of higher edu-
 7       cation or nonprofit organizations (or consortia of
 8       such institutions or organizations) to support basic
 9       research that will accelerate innovation to advance
10       critical minerals mining strategies and technologies
11       for the purpose of making better use of domestic re-
12       sources and eliminating national reliance on min-
13       erals and mineral materials that are subject to sup-
14       ply disruptions.
15              (2) USE OF FUNDS.—Activities funded by an
16       award under this section may include—
17                  (A) advancing mining research and devel-
18              opment activities to develop new mapping and
19              mining technologies and techniques, including
20              advanced critical mineral extraction and pro-
21              duction, to improve existing or to develop new
22              supply chains of critical minerals, and to yield
23              more efficient, economical, and environmentally
24              benign mining practices;
25                  (B) advancing critical mineral processing
26              research    activities   to   improve   separation,
      † S 1260 ES
                                 222
1               alloying, manufacturing, or recycling techniques
2               and technologies that can decrease the energy
3               intensity, waste, potential environmental im-
4               pact, and costs of those activities;
5                      (C) conducting long-term earth observation
6               of reclaimed mine sites, including the study of
7               the evolution of microbial diversity at such
8               sites;
9                      (D) examining the application of artificial
10              intelligence for geological exploration of critical
11              minerals, including what size and diversity of
12              data sets would be required;
13                     (E) examining the application of machine
14              learning for detection and sorting of critical
15              minerals, including what size and diversity of
16              data sets would be required;
17                     (F) conducting detailed isotope studies of
18              critical minerals and the development of more
19              refined geologic models; or
20                     (G) providing training and research oppor-
21              tunities to undergraduate and graduate stu-
22              dents to prepare the next generation of mining
23              engineers and researchers.
24       (b)        CRITICAL   MINERALS     INTERAGENCY      SUB-
25   COMMITTEE.—



      † S 1260 ES
                                223
1              (1) IN GENERAL.—In order to support supply
2       chain resiliency, the Critical Minerals Subcommittee
3       of the National Science and Technology Council (re-
4       ferred to in this subsection as the Subcommittee)
5       shall coordinate Federal science and technology ef-
6       forts to ensure secure and reliable supplies of critical
7       minerals to the United States.
 8             (2) PURPOSES.—The purposes of the Sub-
 9      committee shall be—
10                  (A) to advise and assist the Committee on
11             Homeland and National Security and the Na-
12             tional Science and Technology Council on
13             United States policies, procedures, and plans as
14             it relates to critical minerals, including—
15                       (i) Federal research, development, and
16                  deployment efforts to optimize methods for
17                  extractions, concentration, separation, and
18                  purification of conventional, secondary,
19                  and unconventional sources of critical min-
20                  erals;
21                       (ii) efficient use and reuse of critical
22                  minerals;
23                       (iii) the critical minerals workforce of
24                  the United States; and




     † S 1260 ES
                               224
 1                       (iv) United States private industry in-
 2                  vestments in innovation and technology
 3                  transfer from federally funded science and
 4                  technology;
 5                  (B) to identify emerging opportunities,
 6             stimulate international cooperation, and foster
 7             the development of secure and reliable supply
 8             chains of critical minerals;
 9                  (C) to ensure the transparency of informa-
10             tion and data related to critical minerals; and
11                  (D) to provide recommendations on coordi-
12             nation and collaboration among the research,
13             development, and deployment programs and ac-
14             tivities of Federal agencies to promote a secure
15             and reliable supply of critical minerals nec-
16             essary to maintain national security, economic
17             well-being, and industrial production.
18             (3) RESPONSIBILITIES.—In carrying out para-
19      graphs (1) and (2), the Subcommittee may, taking
20      into account the findings and recommendations of
21      relevant advisory committees—
22                  (A) provide recommendations on how Fed-
23             eral agencies may improve the topographic, geo-
24             logic, and geophysical mapping of the United
25             States and improve the discoverability, accessi-


     † S 1260 ES
                                225
1              bility, and usability of the resulting and existing
2              data, to the extent permitted by law and subject
3              to appropriate limitation for purposes of privacy
4              and security;
5                   (B) assess the progress toward developing
6              critical minerals recycling and reprocessing
7              technologies, and technological alternatives to
8              critical minerals;
9                   (C) examine options for accessing and de-
10             veloping critical minerals through investment
11             and trade with allies and partners of the United
12             States and provide recommendations;
13                  (D) evaluate and provide recommendations
14             to incentivize the development and use of ad-
15             vances in science and technology in the private
16             industry;
17                  (E) assess the need for and make rec-
18             ommendations to address the challenges the
19             United States critical minerals supply chain
20             workforce faces, including—
21                         (i) aging and retiring personnel and
22                  faculty;
23                         (ii) public perceptions about the na-
24                  ture of mining and mineral processing; and




     † S 1260 ES
                                  226
 1                       (iii) foreign competition for United
 2                  States talent;
 3                  (F) develop, and update as necessary, a
 4             strategic plan to guide Federal programs and
 5             activities to enhance—
 6                       (i) scientific and technical capabilities
 7                  across critical mineral supply chains, in-
 8                  cluding a roadmap that identifies key re-
 9                  search and development needs and coordi-
10                  nates ongoing activities for source diver-
11                  sification, more efficient use, recycling, and
12                  substitution for critical minerals; and
13                       (ii) cross-cutting mining science, data
14                  science techniques, materials science, man-
15                  ufacturing science and engineering, com-
16                  putational modeling, and environmental
17                  health and safety research and develop-
18                  ment; and
19                  (G) report to the appropriate committees
20             of Congress on activities and findings under
21             this subsection.
22             (4) MANDATORY            RESPONSIBILITIES.—In   car-
23      rying out paragraphs (1) and (2), the Subcommittee
24      shall, taking into account the findings and rec-
25      ommendations of the relevant advisory committees,


     † S 1260 ES
                              227
 1       identify and evaluate Federal policies and regula-
 2       tions that restrict the mining of critical minerals.
3        (c) GRANT PROGRAM FOR DEVELOPMENT OF CRIT-
4    ICAL MINERALS AND METALS.—

 5              (1) ESTABLISHMENT.—The Secretary of Com-
 6       merce, in consultation with the Director and the
 7       Secretary of the Interior, shall establish a grant pro-
 8       gram to finance pilot projects for the development of
 9       critical minerals and metals in the United States.
10              (2) LIMITATION ON GRANT AWARDS.—A grant
11       awarded under paragraph (1) may not exceed
12       $10,000,000.
13              (3) ECONOMIC VIABILITY.—In awarding grants
14       under paragraph (1), the Secretary of Commerce
15       shall give priority to projects that the Secretary of
16       Commerce determines are likely to be economically
17       viable over the long term.
18              (4)   SECONDARY       RECOVERY.—In     awarding
19       grants under paragraph (1), the Secretary of Com-
20       merce shall seek to award not less than 30 percent
21       of the total amount of grants awarded during the
22       fiscal year for projects relating to secondary recovery
23       of critical minerals and metals.
24              (5) AUTHORIZATION       OF   APPROPRIATIONS.—

25       There is authorized to be appropriated to the Sec-


      † S 1260 ES
                             228
 1       retary of Commerce $100,000,000 for each of fiscal
 2       years 2021 through 2024 to carry out the grant pro-
 3       gram established under paragraph (1).
 4       (d) DEFINITIONS.—In this section:
 5              (1) CRITICAL MINERAL; CRITICAL MINERAL OR
 6       METAL.—The terms ‘‘critical mineral’’ and ‘‘critical

 7       mineral or metal’’ include any host mineral of a crit-
 8       ical mineral (within the meaning of those terms in
 9       section 7002 of title VII of division Z of the Consoli-
10       dated Appropriations Act, 2021 (Public Law 116–
11       260)).
12              (2) SECONDARY RECOVERY.—The term ‘‘sec-
13       ondary recovery’’ means the recovery of critical min-
14       erals and metals from discarded end-use products or
15       from waste products produced during the metal re-
16       fining and manufacturing process, including from
17       mine waste piles, acid mine drainage sludge, or by-
18       products produced through legacy mining and metal-
19       lurgy activities.
20   SEC. 2215. CAREGIVER POLICIES.

21       (a) OSTP GUIDANCE.—Not later than 6 months
22 after the date of enactment of this division, the Director
23 of the Office of Science and Technology Policy, in con-
24 sultation with relevant agencies, shall provide guidance to
25 each Federal science agency to establish policies that—


      † S 1260 ES
                               229
 1              (1) apply to all—
 2                  (A) research awards granted by such agen-
 3              cy; and
 4                  (B) principal investigators of such research
 5              who have caregiving responsibilities, including
 6              care for a newborn or newly adopted child and
 7              care for an immediate family member with a se-
 8              rious health condition; and
 9              (2) offer, to the extent feasible—
10                  (A) flexibility in timing for the initiation of
11              approved research awards granted by such
12              agency;
13                  (B) no-cost extensions of such research
14              awards; and
15                  (C) grant supplements, as appropriate, to
16              research awards to sustain research activities
17              conducted under such awards.
18       (b) UNIFORMITY OF GUIDANCE.—In providing guid-
19 ance under subsection (a), the Director of the Office of
20 Science and Technology Policy shall encourage, to the ex-
21 tent practicable, uniformity and consistency in the policies
22 established pursuant to such guidance across all Federal
23 science agencies.




      † S 1260 ES
                               230
 1       (c) ESTABLISHMENT OF POLICIES.—To the extent
 2 practicable and consistent with guidance issued under sub-
 3 section (a), Federal science agencies 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 awardees.
 9       (d) DATA ON USAGE.—Federal science agencies shall
10 consider—
11              (1) collecting data on the usage of the policies
12       under subsection (c), at both institutions of higher
13       education and Federal laboratories; and
14              (2) reporting such data on an annual basis to
15       the Director of the Office of Science and Technology
16       Policy in such form as required by the Director of
17       the Office of Science and Technology Policy.
18       (e) SAVINGS.—
19              (1) PRIVACY.—This section shall be carried out
20       in accordance with all relevant privacy laws.
21              (2) INSTITUTIONS.—This section shall not af-
22       fect the grantee institution’s institutional policies.
23       (f) DEFINITION OF FEDERAL SCIENCE AGENCY.—In
24 this section, the term ‘‘Federal science agency’’ means any




      † S 1260 ES
                               231
 1 Federal agency with an annual extramural research ex-
 2 penditure of over $100,000,000.
 3   SEC. 2216. PRESIDENTIAL AWARDS.

 4       (a) IN GENERAL.—The President is authorized to
 5 make Presidential Awards for Excellence in Technology
 6 and Science Research to researchers in underrepresented
 7 populations, including women and underrepresented mi-
 8 norities, who have demonstrated outstanding achievements
 9 in technology or science research.
10       (b) NUMBER AND DISTRIBUTION OF AWARD RECIPI-
11   ENTS.—If       the President elects to make Presidential
12 Awards for Excellence in Technology and Science Re-
13 search under subsection (a), the President shall make no
14 fewer than 104 Awards. In selecting researchers for the
15 Awards, the President shall select at least 2 researchers—
16              (1) from each of the States;
17              (2) from the District of Columbia; and
18              (3) from the Commonwealth of Puerto Rico.
19       (c) SELECTION PROCEDURES.—The President shall
20 carry out this section, including the establishment of the
21 selection procedures, after consultation with the Director
22 of the Office of Science and Technology Policy and other
23 appropriate officials of Federal agencies.




      † S 1260 ES
                                232
1    SEC. 2217. BIOECONOMY RESEARCH AND DEVELOPMENT

2                   ACT OF 2021.

 3       (a) SHORT TITLE.—This section may be cited as the
 4 ‘‘Bioeconomy Research and Development Act of 2021’’.
 5       (b) FINDINGS.—The Congress makes the following
 6 findings:
 7              (1) Cellular and molecular processes may be
 8       used, mimicked, or redesigned to develop new prod-
 9       ucts, processes, and systems that improve societal
10       well-being, strengthen national security, and con-
11       tribute to the economy.
12              (2) Engineering biology relies on a workforce
13       with a diverse and unique set of skills combining the
14       biological,    physical,   chemical,   and   information
15       sciences and engineering.
16              (3) Long-term research and development is nec-
17       essary to create breakthroughs in engineering biol-
18       ogy. Such research and development requires govern-
19       ment investment, as many of the benefits are too
20       distant or uncertain for industry to support alone.
21              (4) Research is necessary to inform evidence-
22       based governance of engineering biology and to sup-
23       port the growth of the engineering biology industry.
24              (5) The Federal Government has an obligation
25       to ensure that ethical, legal, environmental, safety,
26       security, and societal implications of its science and
      † S 1260 ES
                             233
 1      technology research and investment follows policies
 2      of responsible innovation and fosters public trans-
 3      parency.
 4             (6) The Federal Government can play an im-
 5      portant role by facilitating the development of tools
 6      and technologies to further advance engineering biol-
 7      ogy, including user facilities, by facilitating public-
 8      private partnerships, by supporting risk research,
 9      and by facilitating the commercial application in the
10      United States of research funded by the Federal
11      Government.
12             (7) The United States led the development of
13      the science and engineering techniques that created
14      the field of engineering biology, but due to increas-
15      ing international competition, the United States is
16      at risk of losing its competitive advantage if it does
17      not strategically invest the necessary resources.
18             (8) A National Engineering Biology Initiative
19      can serve to establish new research directions and
20      technology goals, improve interagency coordination
21      and planning processes, drive technology transfer to
22      the private sector, and help ensure optimal returns
23      on the Federal investment.
24      (c) DEFINITIONS.—In this section:




     † S 1260 ES
                              234
 1              (1)   BIOMANUFACTURING.—The         term    ‘‘bio-
 2       manufacturing’’ means the utilization of biological
 3       systems to develop new and advance existing prod-
 4       ucts, tools, and processes at commercial scale.
 5              (2) ENGINEERING BIOLOGY.—The term ‘‘engi-
 6       neering biology’’ means the application of engineer-
 7       ing design principles and practices to biological sys-
 8       tems, including molecular and cellular systems, to
 9       advance fundamental understanding of complex nat-
10       ural systems and to enable novel or optimize func-
11       tions and capabilities.
12              (3) INITIATIVE.—The term ‘‘Initiative’’ means
13       the National Engineering Biology Research and De-
14       velopment Initiative established under subsection
15       (d).
16              (4) OMICS.—The term ‘‘omics’’ refers to the
17       collective technologies used to explore the roles, rela-
18       tionships, and actions of the various types of mol-
19       ecules that make up the cells of an organism.
20       (d) NATIONAL ENGINEERING BIOLOGY RESEARCH
21   AND DEVELOPMENT INITIATIVE.—

22              (1)   IN   GENERAL.—The      President,    acting
23       through the Office of Science and Technology Policy,
24       shall implement a National Engineering Biology Re-
25       search and Development Initiative to advance soci-


      † S 1260 ES
                                235
 1      etal well-being, national security, sustainability, and
 2      economic          productivity   and       competitiveness
 3      through—
 4                  (A) advancing areas of research at the
 5             intersection of the biological, physical, chemical,
 6             data, and computational sciences and engineer-
 7             ing to accelerate scientific understanding and
 8             technological innovation in engineering biology;
 9                  (B) advancing areas of biomanufacturing
10             research to optimize, standardize, scale, and de-
11             liver new products and solutions;
12                  (C)     supporting   social   and    behavioral
13             sciences and economics research that advances
14             the field of engineering biology and contributes
15             to the development and public understanding of
16             new products, processes, and technologies;
17                  (D) improving the understanding of engi-
18             neering biology of the scientific and lay public
19             and supporting greater evidence-based public
20             discourse about its benefits and risks;
21                  (E) supporting research relating to the
22             risks and benefits of engineering biology, in-
23             cluding under paragraph (4);
24                  (F) supporting the development of novel
25             tools and technologies to accelerate scientific


     † S 1260 ES
                              236
1              understanding and technological innovation in
2              engineering biology;
3                  (G) expanding the number of researchers,
4              educators, and students and a retooled work-
5              force with engineering biology training, includ-
6              ing from traditionally underrepresented and un-
7              derserved populations;
8                  (H) accelerating the translation and com-
9              mercialization of engineering biology research
10             and development by the private sector; and
11                 (I) improving the interagency planning and
12             coordination of Federal Government activities
13             related to engineering biology.
14             (2) INITIATIVE ACTIVITIES.—The activities of
15      the Initiative shall include—
16                 (A) sustained support for engineering biol-
17             ogy research and development through—
18                       (i) grants to fund the work of indi-
19                 vidual investigators and teams of investiga-
20                 tors, including interdisciplinary teams;
21                       (ii) projects funded under joint solici-
22                 tations by a collaboration of no fewer than
23                 two agencies participating in the Initiative;
24                 and




     † S 1260 ES
                               237
 1                      (iii) interdisciplinary research centers
 2                 that are organized to investigate basic re-
 3                 search questions, carry out technology de-
 4                 velopment and demonstration activities,
 5                 and increase understanding of how to scale
 6                 up engineering biology processes, including
 7                 biomanufacturing;
 8                 (B) sustained support for databases and
 9             related tools, including—
10                      (i) support for curated genomics,
11                 epigenomics, and other relevant omics
12                 databases, including plant and microbial
13                 databases, that are available to researchers
14                 to carry out engineering biology research
15                 in a manner that does not compromise na-
16                 tional security or the privacy or security of
17                 information within such databases;
18                      (ii) development of standards for such
19                 databases, including for curation, inter-
20                 operability, and protection of privacy and
21                 security;
22                      (iii) support for the development of
23                 computational tools, including artificial in-
24                 telligence tools, that can accelerate re-




     † S 1260 ES
                                238
1                  search and innovation using such data-
2                  bases; and
3                       (iv) an inventory and assessment of
4                  all Federal government omics databases to
5                  identify opportunities to improve the utility
6                  of such databases, as appropriate and in a
7                  manner that does not compromise national
8                  security or the privacy and security of in-
9                  formation within such databases, and in-
10                 form investment in such databases as crit-
11                 ical infrastructure for the engineering biol-
12                 ogy research enterprise;
13                 (C) sustained support for the development,
14             optimization, and validation of novel tools and
15             technologies to enable the dynamic study of mo-
16             lecular processes in situ, including through—
17                      (i) research conducted at Federal lab-
18                 oratories;
19                      (ii) grants to fund the work of inves-
20                 tigators at institutions of higher education
21                 and other nonprofit research institutions;
22                      (iii) incentivized development of re-
23                 tooled industrial sites across the country
24                 that foster a pivot to modernized engineer-
25                 ing biology initiatives; and


     † S 1260 ES
                                239
 1                        (iv) awards under the Small Business
 2                 Innovation Research Program and the
 3                 Small Business Technology Transfer Pro-
 4                 gram, as described in section 9 of the
 5                 Small Business Act (15 U.S.C. 638);
 6                 (D) support for education and training of
 7             undergraduate and graduate students in engi-
 8             neering biology, biomanufacturing, bioprocess
 9             engineering, and computational science applied
10             to engineering biology and in the related eth-
11             ical, legal, environmental, safety, security, and
12             other societal domains;
13                 (E) activities to develop robust mecha-
14             nisms for documenting and quantifying the out-
15             puts and economic benefits of engineering biol-
16             ogy; and
17                 (F) activities to accelerate the translation
18             and commercialization of new products, proc-
19             esses, and technologies by—
20                        (i) identifying precompetitive research
21                 opportunities;
22                        (ii) facilitating public-private partner-
23                 ships in engineering biology research and
24                 development;




     † S 1260 ES
                             240
 1                     (iii) connecting researchers, graduate
 2                 students, and postdoctoral fellows with en-
 3                 trepreneurship education and training op-
 4                 portunities; and
 5                     (iv) supporting proof of concept activi-
 6                 ties and the formation of startup compa-
 7                 nies including through programs such as
 8                 the Small Business Innovation Research
 9                 Program and the Small Business Tech-
10                 nology Transfer Program.
11             (3) EXPANDING PARTICIPATION.—The Initia-
12      tive shall include, to the maximum extent prac-
13      ticable, outreach to primarily undergraduate and mi-
14      nority-serving institutions (and institutions of higher
15      education with an established STEM capacity build-
16      ing program focused on traditionally underrep-
17      resented populations in STEM, including Native Ha-
18      waiians, Alaska Natives, and Indians) about Initia-
19      tive opportunities, and shall encourage the develop-
20      ment of research collaborations between research-in-
21      tensive universities and primarily undergraduate and
22      minority-serving institutions (and institutions of
23      higher education with an established STEM capacity
24      building program focused on traditionally underrep-




     † S 1260 ES
                               241
 1      resented populations in STEM, including Native Ha-
 2      waiians, Alaska Natives, and Indians).
 3             (4) ETHICAL, LEGAL, ENVIRONMENTAL, SAFE-
 4      TY, SECURITY, AND SOCIETAL ISSUES.—Initiative ac-

 5      tivities shall take into account ethical, legal, environ-
 6      mental, safety, security, and other appropriate soci-
 7      etal issues by—
 8                  (A) supporting research, including in the
 9             social sciences, and other activities addressing
10             ethical, legal, environmental, and other appro-
11             priate societal issues related to engineering biol-
12             ogy, including integrating research on such top-
13             ics with the research and development in engi-
14             neering biology, and encouraging the dissemina-
15             tion of the results of such research, including
16             through interdisciplinary engineering biology re-
17             search     centers    described   in    paragraph
18             (2)(A)(iii);
19                  (B) supporting research and other activi-
20             ties related to the safety and security implica-
21             tions of engineering biology, including outreach
22             to increase awareness among Federal research-
23             ers and Federally-funded researchers at institu-
24             tions of higher education about potential safety




     † S 1260 ES
                               242
 1             and security implications of engineering biology
 2             research, as appropriate;
 3                  (C) ensuring that input from Federal and
 4             non-Federal experts on the ethical, legal, envi-
 5             ronmental, safety, security, and other appro-
 6             priate societal issues related to engineering biol-
 7             ogy is integrated into the Initiative;
 8                  (D) ensuring, through the agencies and de-
 9             partments that participate in the Initiative, that
10             public input and outreach are integrated into
11             the Initiative by the convening of regular and
12             ongoing public discussions through mechanisms
13             such as workshops, consensus conferences, and
14             educational events, as appropriate; and
15                  (E) complying with all applicable provi-
16             sions of Federal law.
17      (e) INITIATIVE COORDINATION.—
18             (1) INTERAGENCY         COMMITTEE.—The      Presi-
19      dent, acting through the Office of Science and Tech-
20      nology Policy, shall designate an interagency com-
21      mittee to coordinate activities of the Initiative as ap-
22      propriate, which shall be co-chaired by the Office of
23      Science and Technology Policy, and include rep-
24      resentatives from the Foundation, the Department
25      of Energy, the Department of Defense, the National


     † S 1260 ES
                                243
 1      Aeronautics and Space Administration, the National
 2      Oceanic and Atmospheric Administration, the Na-
 3      tional Institute of Standards and Technology, the
 4      Environmental Protection Agency, the Department
 5      of Agriculture, the Department of Health and
 6      Human Services, the Bureau of Economic Analysis,
 7      and any other agency that the President considers
 8      appropriate (in this section referred to as the Inter-
 9      agency Committee). The Director of the Office of
10      Science and Technology Policy shall select an addi-
11      tional co-chairperson from among the members of
12      the Interagency Committee. The Interagency Com-
13      mittee shall oversee the planning, management, and
14      coordination of the Initiative. The Interagency Com-
15      mittee shall—
16                  (A) provide for interagency coordination of
17             Federal engineering biology research, develop-
18             ment, and other activities undertaken pursuant
19             to the Initiative;
20                  (B) establish and periodically update goals
21             and priorities for the Initiative;
22                  (C) develop, not later than 12 months
23             after the date of the enactment of this division,
24             and update every 3 years thereafter, a strategic
25             plan submitted to the Committee on Science,


     † S 1260 ES
                               244
1              Space, and Technology and the Committee on
2              Energy and Commerce of the House of Rep-
3              resentatives and the Committee on Commerce,
4              Science, and Transportation and the Committee
5              on Health, Education, Labor, and Pensions of
6              the Senate that—
7                      (i) guides the activities of the Initia-
8                  tive for purposes of meeting the goals and
9                  priorities established under (and updated
10                 pursuant to) subparagraph (B); and
11                     (ii) describes—
12                             (I) the Initiative’s support for
13                     long-term funding for interdisciplinary
14                     engineering biology research and de-
15                     velopment;
16                             (II) the Initiative’s support for
17                     education and public outreach activi-
18                     ties;
19                             (III) the Initiative’s support for
20                     research and other activities on eth-
21                     ical, legal, environmental, safety, secu-
22                     rity, and other appropriate societal
23                     issues related to engineering biology
24                     including—




     † S 1260 ES
                        245
 1                            (aa) an applied biorisk man-
 2                     agement research plan;
 3                            (bb) recommendations for
 4                     integrating security into biologi-
 5                     cal data access and international
 6                     reciprocity agreements;
 7                            (cc)   recommendations      for
 8                     manufacturing restructuring to
 9                     support engineering biology re-
10                     search, development, and scaling-
11                     up initiatives; and
12                            (dd) an evaluation of exist-
13                     ing biosecurity governance poli-
14                     cies, guidance, and directives for
15                     the    purposes    of   creating   an
16                     adaptable, evidence-based frame-
17                     work to respond to emerging bio-
18                     security challenges created by ad-
19                     vances in engineering biology;
20                     (IV) how the Initiative will con-
21                 tribute to moving results out of the
22                 laboratory and into application for the
23                 benefit of society and United States
24                 competitiveness; and




     † S 1260 ES
                               246
 1                            (V) how the Initiative will meas-
 2                       ure and track the contributions of en-
 3                       gineering biology to United States
 4                       economic growth and other societal in-
 5                       dicators;
 6                 (D) develop a national genomic sequencing
 7             strategy to ensure engineering biology research
 8             fully leverages plant, animal, and microbe bio-
 9             diversity, as appropriate and in a manner that
10             does not compromise national security or the
11             privacy or security of human genetic informa-
12             tion, to enhance long-term innovation and com-
13             petitiveness in engineering biology in the United
14             States;
15                 (E) develop a plan to utilize Federal pro-
16             grams, such as the Small Business Innovation
17             Research Program and the Small Business
18             Technology Transfer Program as described in
19             section 9 of the Small Business Act (15 U.S.C.
20             638), in support of the activities described in
21             subsection (d)(2)(C); and
22                 (F) in carrying out this subsection, take
23             into consideration the recommendations of the
24             advisory committee established under subsection
25             (f), the results of the workshop convened under


     † S 1260 ES
                               247
 1             subsection (d)(4)(D), existing reports on related
 2             topics, and the views of academic, State, indus-
 3             try, and other appropriate groups.
 4             (2) TRIENNIAL REPORT.—Beginning with fiscal
 5      year 2022 and ending in fiscal year 2028, not later
 6      than 90 days after submission of the President’s an-
 7      nual budget request and every third fiscal year
 8      thereafter, the Interagency Committee shall prepare
 9      and submit to the Committee on Science, Space, and
10      Technology of the House of Representatives and the
11      Committee on Commerce, Science, and Transpor-
12      tation of the Senate a report that includes—
13                  (A) a summarized agency budget in sup-
14             port of the Initiative for the fiscal year to which
15             such budget request applies, for the following 2
16             fiscal years, for the then current fiscal year, in-
17             cluding a breakout of spending for each agency
18             participating in the Program, and for the devel-
19             opment and acquisition of any research facili-
20             ties and instrumentation; and
21                  (B) an assessment of how Federal agencies
22             are implementing the plan described in para-
23             graph (1)(C), including—
24                       (i) a description of the amount and
25                  number of awards made under the Small


     † S 1260 ES
                               248
1                  Business Innovation Research Program
2                  and the Small Business Technology Trans-
3                  fer Program (as described in section 9 of
4                  the Small Business Act (15 U.S.C. 638))
5                  in support of the Initiative;
6                       (ii) a description of the amount and
7                  number of projects funded under joint so-
8                  licitations by a collaboration of no fewer
9                  than 2 agencies participating in the Initia-
10                 tive; and
11                      (iii) a description of the effect of the
12                 newly funded projects by the Initiative.
13             (3) INITIATIVE OFFICE.—
14                 (A) IN GENERAL.—The President shall es-
15             tablish an Initiative Coordination Office, with a
16             Director and full-time staff, which shall—
17                      (i) provide technical and administra-
18                 tive support to the interagency committee
19                 and the advisory committee established
20                 under subsection (f);
21                      (ii) serve as the point of contact on
22                 Federal engineering biology activities for
23                 government organizations, academia, in-
24                 dustry, professional societies, State govern-
25                 ments, interested citizen groups, and oth-


     † S 1260 ES
                                249
 1                 ers     to   exchange    technical   and   pro-
 2                 grammatic information;
 3                         (iii) oversee interagency coordination
 4                 of the Initiative, including by encouraging
 5                 and supporting joint agency solicitation
 6                 and selection of applications for funding of
 7                 activities under the Initiative, as appro-
 8                 priate;
 9                         (iv) conduct public outreach, including
10                 dissemination of findings and recommenda-
11                 tions of the advisory committee established
12                 under subsection (f), as appropriate;
13                         (v) serve as the coordinator of ethical,
14                 legal, environmental, safety, security, and
15                 other appropriate societal input; and
16                         (vi) promote access to, and early ap-
17                 plication of, the technologies, innovations,
18                 and expertise derived from Initiative activi-
19                 ties to agency missions and systems across
20                 the Federal Government, and to United
21                 States industry, including startup compa-
22                 nies.
23                 (B) FUNDING.—The Director of the Office
24             of Science and Technology Policy, in coordina-
25             tion with each participating Federal department


     † S 1260 ES
                              250
1              and agency, as appropriate, shall develop and
2              annually update an estimate of the funds nec-
3              essary to carry out the activities of the Initia-
4              tive Coordination Office and submit such esti-
5              mate with an agreed summary of contributions
6              from each agency to Congress as part of the
7              President’s annual budget request to Congress.
 8                 (C) TERMINATION.—The Initiative Coordi-
 9             nation Office established under this paragraph
10             shall terminate on the date that is 10 years
11             after the date of the enactment of this Act.
12             (4) RULE OF CONSTRUCTION.—Nothing in this
13      subsection shall be construed to alter the policies,
14      processes, or practices of individual Federal agencies
15      in effect on the day before the date of the enactment
16      of this division relating to the conduct of biomedical
17      research and advanced development, including the
18      solicitation and review of extramural research pro-
19      posals.
20      (f) ADVISORY COMMITTEE.—
21             (1) IN GENERAL.—The agency co-chair of the
22      interagency committee established in subsection (e)
23      shall, in consultation with the Office of Science and
24      Technology Policy, designate or establish an advisory
25      committee on engineering biology research and de-


     † S 1260 ES
                               251
1       velopment (in this subsection referred to as the advi-
2       sory committee) to be composed of not fewer than
3       12 members, including representatives of research
4       and academic institutions, industry, and nongovern-
5       mental entities, who are qualified to provide advice
6       on the Initiative.
 7             (2) ASSESSMENT.—The advisory committee
 8      shall assess—
 9                  (A) the current state of United States
10             competitiveness in engineering biology, includ-
11             ing the scope and scale of United States invest-
12             ments in engineering biology research and de-
13             velopment in the international context;
14                  (B) current market barriers to commer-
15             cialization of engineering biology products,
16             processes, and tools in the United States;
17                  (C) progress made in implementing the
18             Initiative;
19                  (D) the need to revise the Initiative;
20                  (E) the balance of activities and funding
21             across the Initiative;
22                  (F) whether the strategic plan developed or
23             updated by the interagency committee estab-
24             lished under subsection (e) is helping to main-




     † S 1260 ES
                                 252
 1             tain United States leadership in engineering bi-
 2             ology;
 3                     (G) the management, coordination, imple-
 4             mentation, and activities of the Initiative; and
 5                     (H) whether ethical, legal, environmental,
 6             safety, security, and other appropriate societal
 7             issues are adequately addressed by the Initia-
 8             tive.
 9             (3) REPORTS.—Beginning not later than 2
10      years after the date of enactment of this division,
11      and not less frequently than once every 3 years
12      thereafter, the advisory committee shall submit to
13      the President, the Committee on Science, Space, and
14      Technology of the House of Representatives, and the
15      Committee on Commerce, Science, and Transpor-
16      tation of the Senate, a report on—
17                     (A) the findings of the advisory commit-
18             tee’s assessment under paragraph (2); and
19                     (B) the advisory committee’s recommenda-
20             tions for ways to improve the Initiative.
21             (4) APPLICATION OF FEDERAL ADVISORY COM-
22      MITTEE ACT.—Section            14 of the Federal Advisory
23      Committee Act (5 U.S.C. App.) shall not apply to
24      the advisory committee.




     † S 1260 ES
                                  253
1               (5) TERMINATION.—The advisory committee es-
2        tablished under paragraph (1) shall terminate on the
3        date that is 10 years after the date of the enactment
4        of this Act.
 5       (g) EXTERNAL REVIEW OF ETHICAL, LEGAL, ENVI-
 6   RONMENTAL,       SAFETY,      SECURITY,   AND    SOCIETAL
 7 ISSUES.—
 8              (1) IN GENERAL.—Not later than 6 months
 9       after the date of enactment of this division, the Di-
10       rector shall seek to enter into an agreement with the
11       National Academies of Sciences, Engineering, and
12       Medicine to conduct a review, and make rec-
13       ommendations with respect to, the ethical, legal, en-
14       vironmental, safety, security, and other appropriate
15       societal issues related to engineering biology re-
16       search and development. The review shall include—
17                   (A) an assessment of the current research
18              on such issues;
19                   (B) a description of the research gaps re-
20              lating to such issues;
21                   (C) recommendations on how the Initiative
22              can address the research needs identified pursu-
23              ant to subparagraph (B); and
24                   (D) recommendations on how researchers
25              engaged in engineering biology can best incor-


      † S 1260 ES
                               254
 1             porate considerations of ethical, legal, environ-
 2             mental, safety, security, and other societal
 3             issues into the development of research pro-
 4             posals and the conduct of research.
 5             (2) REPORT TO CONGRESS.—The agreement en-
 6      tered into under paragraph (1) shall require the Na-
 7      tional Academies of Sciences, Engineering, and Med-
 8      icine to, not later than 2 years after the date of the
 9      enactment of this division—
10                  (A) submit to the Committee on Science,
11             Space, and Technology of the House of Rep-
12             resentatives and the Committee on Commerce,
13             Science, and Transportation of the Senate a re-
14             port containing the findings and recommenda-
15             tions of the review conducted under paragraph
16             (1); and
17                  (B) make a copy of such report available
18             on a publicly accessible website.
19      (h) AGENCY ACTIVITIES.—
20             (1) NATIONAL SCIENCE FOUNDATION.—As part
21      of the Initiative, the Foundation shall—
22                  (A) support basic research in engineering
23             biology through individual grants, collaborative
24             grants, and through interdisciplinary research
25             centers;


     † S 1260 ES
                                255
 1                  (B) support research on the environmental,
 2             legal, ethical, and social implications of engi-
 3             neering biology;
 4                  (C) provide support for research instru-
 5             mentation for engineering biology disciplines,
 6             including support for research, development, op-
 7             timization and validation of novel technologies
 8             to enable the dynamic study of molecular proc-
 9             esses in situ;
10                  (D) support curriculum development and
11             research experiences for secondary, under-
12             graduate, and graduate students in engineering
13             biology and biomanufacturing; and
14                  (E) award grants, on a competitive basis,
15             to enable institutions to support graduate stu-
16             dents and postdoctoral fellows who perform
17             some of their engineering biology research in an
18             industry setting.
19             (2) DEPARTMENT OF COMMERCE.—
20                  (A) NATIONAL INSTITUTE OF STANDARDS
21             AND TECHNOLOGY.—As        part of the Initiative,
22             the Director of the National Institute of Stand-
23             ards and Technology shall—
24                       (i) establish a bioscience research pro-
25                  gram to advance the development of stand-


     † S 1260 ES
                              256
 1                 ard reference materials and measurements
 2                 and to create new data tools, techniques,
 3                 and processes necessary to advance engi-
 4                 neering biology and biomanufacturing;
 5                       (ii) provide access to user facilities
 6                 with advanced or unique equipment, serv-
 7                 ices, materials, and other resources to in-
 8                 dustry, institutions of higher education,
 9                 nonprofit organizations, and government
10                 agencies to perform research and testing;
11                 and
12                       (iii) provide technical expertise to in-
13                 form the potential development of guide-
14                 lines or safeguards for new products, proc-
15                 esses, and systems of engineering biology.
16                 (B) NATIONAL        OCEANIC    AND    ATMOS-

17             PHERIC ADMINISTRATION.—As part of the ini-

18             tiative, the Administrator of the National Oce-
19             anic and Atmospheric Administration shall—
20                       (i) establish a program to conduct and
21                 support omics research and associated
22                 bioinformatic sciences to increase efficiency
23                 and promote a sustainable bioeconomy
24                 (blue economy) to develop the next genera-
25                 tion of tools and products to improve eco-


     † S 1260 ES
                              257
1                  system stewardship, monitoring, manage-
2                  ment, assessments, and forecasts; and
3                       (ii) collaborate with other agencies to
4                  understand potential environmental threats
5                  and safeguards relating to engineering bi-
6                  ology.
 7             (3) DEPARTMENT OF ENERGY.—As part of the
 8      Initiative, the Secretary of Energy shall—
 9                 (A) conduct and support research, develop-
10             ment, demonstration, and commercial applica-
11             tion activities in engineering biology, including
12             in the areas of synthetic biology, advanced
13             biofuel development, biobased materials, and
14             environmental remediation;
15                 (B) support the development, optimization
16             and validation of novel, scalable tools and tech-
17             nologies to enable the dynamic study of molec-
18             ular processes in situ; and
19                 (C) provide access to user facilities with
20             advanced or unique equipment, services, mate-
21             rials, and other resources, including secure ac-
22             cess to high-performance computing, as appro-
23             priate, to industry, institutions of higher edu-
24             cation, nonprofit organizations, and government
25             agencies to perform research and testing.


     † S 1260 ES
                              258
 1             (4) DEPARTMENT OF DEFENSE.—As part of
 2      the Initiative, the Secretary of Defense shall—
 3                 (A) conduct and support research and de-
 4             velopment in engineering biology and associated
 5             data and information sciences;
 6                 (B) support curriculum development and
 7             research experiences in engineering biology and
 8             associated data and information sciences across
 9             the military education system, to include service
10             academies, professional military education, and
11             military graduate education; and
12                 (C) assess risks of potential national secu-
13             rity and economic security threats relating to
14             engineering biology.
15             (5) NATIONAL AERONAUTICS AND SPACE AD-
16      MINISTRATION.—As       part of the Initiative, the Na-
17      tional Aeronautics and Space Administration shall—
18                 (A) conduct and support basic and applied
19             research in engineering biology, including in
20             synthetic biology, and related to Earth and
21             space sciences, aeronautics, space technology,
22             and space exploration and experimentation, con-
23             sistent with the priorities established in the Na-
24             tional Academies’ decadal surveys; and




     † S 1260 ES
                              259
 1                  (B) award grants, on a competitive basis,
 2             that enable institutions to support graduate
 3             students and postdoctoral fellows who perform
 4             some of their engineering biology research in an
 5             industry setting.
 6             (6) DEPARTMENT OF AGRICULTURE.—As part
 7      of the Initiative, the Secretary of Agriculture shall—
 8                  (A) support research and development in
 9             engineering biology, including in synthetic biol-
10             ogy and biomaterials;
11                  (B) award grants through the National In-
12             stitute of Food and Agriculture; and
13                  (C) support development conducted by the
14             Agricultural Research Service.
15             (7) ENVIRONMENTAL PROTECTION AGENCY.—
16      As part of the Initiative, the Environmental Protec-
17      tion Agency shall support research on how products,
18      processes, and systems of engineering biology will af-
19      fect or can protect the environment.
20             (8) DEPARTMENT       OF HEALTH AND HUMAN

21      SERVICES.—As part of the Initiative, the Secretary

22      of Health and Human Services, as appropriate and
23      consistent with activities of the Department of
24      Health and Human Services in effect on the day be-




     † S 1260 ES
                               260
 1       fore the date of the enactment of this division,
 2       shall—
 3                   (A) support research and development to
 4              advance the understanding and application of
 5              engineering biology for human health;
 6                   (B) support relevant interdisciplinary re-
 7              search and coordination; and
 8                   (C) support activities necessary to facili-
 9              tate oversight of relevant emerging biotech-
10              nologies.
11       (i) RULE OF CONSTRUCTION.—Nothing in this sec-
12 tion shall be construed to require public disclosure of in-
13 formation that is exempt from mandatory disclosure under
14 section 552 of title 5, United States Code.
15   SEC. 2218. MICROGRAVITY UTILIZATION POLICY.

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


      † S 1260 ES
                                261
 1       (c) REPORT.—Not later than 180 days after the date
 2 of enactment of this division, the Director shall provide
 3 to the appropriate committees of Congress a report on the
 4 Foundation’s plan for facilitating awardee access to the
 5 microgravity environment.
 6   TITLE III—RESEARCH SECURITY
 7   SEC. 2301. NATIONAL SCIENCE FOUNDATION RESEARCH SE-

 8                  CURITY.

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




      † S 1260 ES
                              262
1               (4) communicating reporting and disclosure re-
2       quirements to awardees and applicants for funding;
3               (5) consulting and coordinating with the Foun-
4       dation Office of Inspector General and with other
5       Federal science agencies, as appropriate, and
6       through the National Science and Technology Coun-
7       cil in accordance with the authority provided under
8       section 1746 of the National Defense Authorization
9       Act for Fiscal Year 2020 (Public Law 116–92; 42
10      U.S.C. 6601 note), to identify and address potential
11      security risks that threaten research integrity and
12      other risks to the research enterprise and to develop
13      research security policy and best practices;
14              (6) performing risk assessments, in consulta-
15      tion, as appropriate, with other Federal agencies, of
16      Foundation proposals and awards using analytical
17      tools to assess nondisclosures of required informa-
18      tion that could indicate breaches of research integ-
19      rity or potentially fraudulent activity that would be
20      referred to the Foundation Office of Inspector Gen-
21      eral;
22              (7) establishing policies and procedures for
23      safeguarding sensitive research information and
24      technology, working in consultation, as appropriate,
25      with other Federal agencies, to ensure compliance


     † S 1260 ES
                              263
 1       with National Security Presidential Memorandum–
 2       33 (relating to strengthening protections of United
 3       States Government-supported research and develop-
 4       ment against foreign government interference and
 5       exploitation) or a successor policy document; and
 6              (8) in accordance with relevant policies of the
 7       agency, conducting due diligence with regard to ap-
 8       plicants for grant funding from the Foundation
 9       prior to awarding such funding.
10       (b) CHIEF OF RESEARCH SECURITY.—The Director
11 shall appoint a senior agency official within the Office of
12 the Director as a Chief of Research Security, whose pri-
13 mary responsibility is to manage the office established in
14 subsection (a).
15       (c) REPORT TO CONGRESS.—Not later than 180 days
16 after the date of enactment of this division, the Director
17 shall provide a report on the resources and the number
18 of full-time employees needed to carry out the functions
19 of the office established in subsection (a) to the Committee
20 on Commerce, Science, and Transportation of the Senate,
21 the Committee on Appropriations of the Senate, the Com-
22 mittee on Science, Space, and Technology of the House
23 of Representatives, and the Committee on Appropriations
24 of the House of Representatives.




      † S 1260 ES
                               264
 1       (d) ONLINE RESOURCE.—The Director shall develop
 2 an online resource hosted on the Foundation’s publicly ac-
 3 cessible website containing up-to-date information, tai-
 4 lored for institutions of higher education and individual
 5 researchers, including—
 6              (1) an explanation of Foundation research secu-
 7       rity policies;
 8              (2) unclassified guidance on potential security
 9       risks that threaten research integrity and other risks
10       to the research enterprise;
11              (3) examples of beneficial international collabo-
12       rations and how such collaborations differ from for-
13       eign government interference efforts that threaten
14       research integrity;
15              (4) best practices for mitigating security risks
16       that threaten research integrity; and
17              (5) additional reference materials, including
18       tools that assist organizations seeking Foundation
19       funding and awardees in information disclosure to
20       the Foundation.
21       (e) RESEARCH GRANTS.—The Director shall con-
22 tinue to award grants, on a competitive basis, to institu-
23 tions of higher education or nonprofit organizations (or
24 consortia of such institutions or organizations) to support
25 research on the conduct of research and the research envi-


      † S 1260 ES
                               265
 1 ronment, including research on research misconduct,
 2 breaches of research integrity, and detrimental research
 3 practices.
 4       (f) RESPONSIBLE CONDUCT IN RESEARCH TRAIN-
 5   ING.—Section 7009 of the America Creating Opportuni-

 6 ties to Meaningfully Promote Excellence in Technology,
 7 Education, and Science Act (42 U.S.C. 1862o–1) is
 8 amended—
 9              (1) by striking ‘‘and postdoctoral researchers’’
10       and inserting ‘‘postdoctoral researchers, faculty, and
11       other senior personnel’’; and
12              (2) by inserting before the period at the end the
13       following: ‘‘, including training and mentorship to
14       raise awareness of potential security threats and of
15       Federal export control, disclosure, and reporting re-
16       quirements’’.
17       (g) FUNDING.—From any amounts appropriated for
18 the Foundation for each of fiscal years 2022 through
19 2026, the Director shall allocate $5,000,000 to carry out
20 this section for each such year.
21   SEC. 2302. RESEARCH SECURITY AND INTEGRITY INFORMA-

22                  TION SHARING ANALYSIS ORGANIZATION.

23       (a) ESTABLISHMENT.—The Director of the Office of
24 Science and Technology Policy shall enter into an agree-
25 ment with a qualified independent organization to estab-


      † S 1260 ES
                               266
 1 lish a research security and integrity information sharing
 2 analysis organization (referred to in this section as the
 3 ‘‘RSI–ISAO’’), which shall include members described in
 4 subsection (d) and carry out the duties described in sub-
 5 section (b).
6        (b) DUTIES.—The RSI–ISAO shall—
7               (1) serve as a clearinghouse for information to
8        help enable the members and other entities in the
9        research community to understand the context of
10       their research and identify improper or illegal efforts
11       by foreign entities to obtain research results, know
12       how, materials, and intellectual property;
13              (2) develop a set of standard risk assessment
14       frameworks and best practices, relevant to the re-
15       search community, to assess research security risks
16       in different contexts;
17              (3)   share   information   concerning   security
18       threats and lessons learned from protection and re-
19       sponse efforts through forums and other forms of
20       communication;
21              (4) provide timely reports on research security
22       risks to provide situational awareness tailored to the
23       research and education community;
24              (5) provide training and support, including
25       through webinars, for relevant faculty and staff em-


      † S 1260 ES
                              267
 1       ployed by institutions of higher education on topics
 2       relevant to research security risks and response;
 3              (6) enable standardized information gathering
 4       and data compilation, storage, and analysis for com-
 5       piled incident reports;
 6              (7) support analysis of patterns of risk and
 7       identification of bad actors and enhance the ability
 8       of members to prevent and respond to research secu-
 9       rity risks; and
10              (8) take other appropriate steps to enhance re-
11       search security.
12       (c) FUNDING.—The Foundation may provide initial
13 funds toward the RSI–ISAO, but shall seek to have the
14 fees authorized in subsection (d)(2) cover the costs of op-
15 erations at the earliest practicable time.
16       (d) MEMBERSHIP.—
17              (1) IN GENERAL.—The RSI–ISAO shall serve
18       and include members representing institutions of
19       higher education, nonprofit research institutions,
20       and small and medium-sized businesses.
21              (2) FEES.—As soon as practicable, members of
22       the RSI–ISAO shall be charged an annual rate to
23       enable the RSI–ISAO to cover its costs. Rates shall
24       be set on a sliding scale based on research and de-
25       velopment spent to ensure that membership is acces-


      † S 1260 ES
                               268
 1        sible to a diverse community of stakeholders and en-
 2        sure broad participation. The RSI–ISAO shall de-
 3        velop a plan to sustain the RSI–ISAO without Fed-
 4        eral funding, as practicable.
 5        (e) BOARD OF DIRECTORS.—The RSI–ISAO may es-
 6 tablish a board of directors to provide guidance for poli-
 7 cies, legal issues, and plans and strategies of the entity’s
 8 operations. The board shall include a diverse group of
 9 stakeholders representing the research community, includ-
10 ing academia, industry, and experienced research security
11 administrators.
12        (f) DEFINITION OF INSTITUTION OF HIGHER EDU-
13   CATION .—The term ‘‘institution of higher education’’ has

14 the meaning given the term in section 101(a) of the High-
15 er Education Act of 1965 (20 U.S.C. 1001(a)).
16   SEC. 2303. FOREIGN GOVERNMENT TALENT RECRUITMENT

17                   PROGRAM PROHIBITION.

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


       † S 1260 ES
                              269
1 foreign government talent recruitment programs. These
2 policy guidelines shall—
3              (1) prohibit all personnel of each Federal
4       science agency, including Federal employees, con-
5       tract employees, independent contractors, individuals
6       serving under the Intergovernmental Personnel Act
7       of 1970 (42 U.S.C. 4701 et seq.), Visiting Scientist
8       Engineer and Educator appointments, and special
9       government employees, from participating in a for-
10      eign government talent recruitment program;
11             (2) prohibit awards from being made for any
12      proposal in which the principal investigator, any in-
13      dividual listed on the application for the award with
14      direct involvement in the proposal, or co-principal in-
15      vestigator is participating in a foreign government
16      talent recruitment program of the People’s Republic
17      of China, the Democratic People’s Republic of
18      Korea, the Russian Federation, or the Islamic Re-
19      public of Iran; and
20             (3) to the extent practicable, require institu-
21      tions receiving funding to prohibit awards from
22      being used by any individuals participating in a for-
23      eign government talent recruitment program of the
24      People’s Republic of China, the Democratic People’s




     † S 1260 ES
                             270
 1       Republic of Korea, the Russian Federation, or the
 2       Islamic Republic of Iran.
 3       (b) PROHIBITION.—Not later than 1 year after the
 4 date of enactment of this division, each Federal science
 5 agency shall issue a policy, utilizing the policy guidelines
 6 developed under subsection (a).
 7       (c) EXEMPTION.—The policy developed under sub-
 8 section (b) may include an exemption for participation in
 9 international conferences or other international exchanges,
10 partnerships, or programs, as sanctioned or approved by
11 the Federal science agency. When such participation is au-
12 thorized, the Federal science agency shall ensure training
13 is provided to the participant on how to respond to over-
14 tures from individuals associated with foreign government
15 talent recruitment programs.
16       (d) REPORT.—Not later than 2 years after the date
17 of enactment of this division, each Federal science agency
18 shall report to Congress on the steps it has taken to imple-
19 ment this section.
20       (e) FOREIGN GOVERNMENT TALENT RECRUITMENT
21 PROGRAMS.—In addition to existing authorities for pre-
22 venting waste, fraud, abuse, and mismanagement of Fed-
23 eral funds, each Federal science agency shall require, as
24 a condition of an award, that the senior personnel des-
25 ignated by the United States institution applying for Fed-


      † S 1260 ES
                              271
 1 eral funding submit foreign government talent recruitment
 2 program contracts to the agency if the principal investi-
 3 gator or a co-principal investigator discloses membership
 4 in a foreign government talent recruitment program other
 5 than a program of the People’s Republic of China, the
 6 Democratic People’s Republic of Korea, the Russian Fed-
 7 eration, or the Islamic Republic of Iran. The United
 8 States institution, as the award applicant, shall ensure,
 9 to the maximum extent practicable, that the contract con-
10 forms with the Federal science agency’s guidance on con-
11 flicts of interest, including those contained in relevant con-
12 tract proposal and award policies and procedures. Each
13 Federal science agency shall review the contract and may
14 prohibit funding to the awardee if the obligations in the
15 contract interfere with the capacity for activities receiving
16 support to be carried out, or create duplication with Fed-
17 erally supported activities.
18       (f) CONSISTENCY.—The Director of the Office of
19 Science and Technology Policy shall ensure that the poli-
20 cies issued by Federal science agencies under subsection
21 (b) are consistent to the greatest extent practicable.
22       (g) DEFINITION.—For purposes of this section and
23 section 2304, the term ‘‘foreign government talent recruit-
24 ment program’’ has the meaning given the term ‘‘foreign
25 government-sponsored talent recruitment program’’ in


      † S 1260 ES
                                  272
 1 National Security Presidential Memorandum–33 (relating
 2 to strengthening protections of United States Govern-
 3 ment-supported research and development against foreign
 4 government interference and exploitation) or a successor
 5 policy document.
 6   SEC.    2304.    ADDITIONAL    REQUIREMENTS      FOR   DIREC-

 7                     TORATE RESEARCH SECURITY.

 8          (a) INITIATIVE REQUIRED.—The Director shall, in
 9 consultation with other appropriate Federal agencies, es-
10 tablish an initiative to work with institutions of higher
11 education that perform research and technology develop-
12 ment activities under the Directorate—
13                  (1) to support protection of intellectual prop-
14          erty, consistent with the controls relevant to the
15          grant or award, key personnel, and information
16          about critical technologies relevant to national secu-
17          rity;
18                  (2) to limit undue influence, including through
19          foreign government talent recruitment programs, by
20          countries to exploit United States technology within
21          the Foundation research, science and technology,
22          and innovation enterprise, including research funded
23          by the Directorate; and




      † S 1260 ES
                              273
 1              (3) to support efforts toward development of
 2      domestic talent in relevant scientific and engineering
 3      fields.
 4      (b) COORDINATION.—The initiative established under
 5 subsection (a) shall be developed and executed to the max-
 6 imum extent practicable with academic research institu-
 7 tions and other educational and research organizations.
 8      (c)     REQUIREMENTS.—The        initiative   established
 9 under subsection (a) shall include development of the fol-
10 lowing:
11              (1) Training developed and delivered in con-
12      sultation with institutions of higher education and
13      appropriate Federal agencies, and other support to
14      institutions of higher education, to promote security
15      of controlled information, as appropriate, including
16      best practices for protection of controlled informa-
17      tion.
18              (2) The capacity of institutions of higher edu-
19      cation to assess whether individuals affiliated with
20      Directorate programs have participated in or are
21      currently participating in foreign government talent
22      recruitment program programs.
23              (3) Opportunities to collaborate with Direc-
24      torate awardees to promote protection of controlled




     † S 1260 ES
                                274
 1       information as appropriate and strengthen defense
 2       against foreign intelligence services.
 3              (4) As appropriate, regulations and proce-
 4       dures—
 5                   (A) for government and academic organi-
 6              zations and personnel to support the goals of
 7              the initiative; and
 8                   (B) that are consistent with policies that
 9              protect open and scientific exchange in funda-
10              mental research.
11              (5) Policies to limit or prohibit funding pro-
12       vided by the Foundation for individual researchers
13       who knowingly violate regulations developed under
14       the initiative, including policies relating to foreign
15       government talent recruitment programs.
16              (6) Policies to limit or prohibit funding pro-
17       vided by the Foundation for institutions that know-
18       ingly violate regulations developed under the initia-
19       tive, including policies relating to foreign govern-
20       ment talent recruitment programs.
21       (d) DEPARTMENT OF DEFENSE EFFORTS.—In car-
22 rying out this section, the Foundation shall consider the
23 efforts undertaken by the Department of Defense to se-
24 cure defense research, including as provided under section




      † S 1260 ES
                                275
1 1286 of the John S. McCain National Defense Authoriza-
2 tion Act for Fiscal Year 2019 (10 U.S.C. 2358 note).
3       (e) ANNUAL REPORT.—
4              (1) IN GENERAL.—Not later than 1 year after
5       date of enactment of this division, and annually
6       thereafter, the Director, shall submit to Congress a
7       report on the activities carried out under the initia-
8       tive established under subsection (a).
 9             (2) CONTENTS.—The report required by para-
10      graph (1) shall include the following:
11                     (A) A description of the activities con-
12             ducted and the progress made under the initia-
13             tive.
14                     (B) The findings of the Director with re-
15             spect to the initiative.
16                     (C) Such recommendations as the Director
17             may have for legislative or administrative action
18             relating to the matters described in subsection
19             (a).
20                     (D) Identification and discussion of the
21             gaps in legal authorities that need to be im-
22             proved to enhance the security of research insti-
23             tutions of higher education performing Direc-
24             torate research.




     † S 1260 ES
                                276
 1                   (E) Information on Foundation Inspector
 2              General cases, as appropriate, relating to undue
 3              influence to security threats to academic re-
 4              search activities funded by the Foundation, in-
 5              cluding theft of property or intellectual property
 6              relating to a project funded by the Department
 7              at an institution of higher education.
 8              (3) FORM.—The report submitted under para-
 9       graph (1) shall be submitted in both unclassified and
10       classified formats, as appropriate.
11   SEC. 2305. PROTECTING RESEARCH FROM CYBER THEFT.

12       (a) IMPROVING CYBERSECURITY OF INSTITUTIONS
13   OF HIGHER EDUCATION.—Section 2(e)(1)(A) of the Na-

14 tional Institute of Standards and Technology Act (15
15 U.S.C. 272(e)(1)(A)) is amended—
16              (1) in clause (viii), by striking ‘‘and’’ after the
17       semicolon;
18              (2) by redesignating clause (ix) as clause (x);
19       and
20              (3) by inserting after clause (viii) the following:
21                        ‘‘(ix) consider institutions of higher
22                   education (as defined in section 101 of the
23                   Higher Education Act of 1965 (20 U.S.C.
24                   1001)); and’’.




      † S 1260 ES
                              277
 1      (b) DISSEMINATION OF RESOURCES FOR RESEARCH
2 INSTITUTIONS.—
 3             (1) IN GENERAL.—Not later than 90 days after
 4      the date of enactment of this division, the Director
 5      shall, using the authorities of the Director under
 6      subsection (e)(1)(A)(ix) of section 2 of the National
 7      Institute of Standards and Technology Act (15
 8      U.S.C. 272), as amended by subsection (a), dissemi-
 9      nate and make publicly available resources to help
10      research institutions and institutions of higher edu-
11      cation identify, protect the institution involved from,
12      detect, respond to, and recover to manage the cyber-
13      security risk of the institution involved related to
14      conducting research.
15             (2) REQUIREMENTS.—The Director shall en-
16      sure that the resources disseminated pursuant to
17      paragraph (1)—
18                 (A) are generally applicable and usable by
19             a wide range of research institutions and insti-
20             tutions of higher education;
21                 (B) vary with the nature and size of the
22             implementing research institutions or institu-
23             tions of higher education, and the nature and
24             sensitivity of the data collected or stored on the
25             information systems or devices of the imple-


     † S 1260 ES
                               278
 1             menting research institutions or institutions of
 2             higher education;
 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 research institutions or
 7             institutions of higher education in mitigating
 8             common cybersecurity risks;
 9                  (D) include case studies of practical appli-
10             cation;
11                  (E) are technology-neutral and can be im-
12             plemented using technologies that are commer-
13             cial and off-the-shelf; and
14                  (F) to the extent practicable, are based on
15             international standards.
16             (3) NATIONAL        CYBERSECURITY   AWARENESS

17      AND EDUCATION PROGRAM.—The Director shall en-

18      sure that the resources disseminated under para-
19      graph (1) are consistent with the efforts of the Di-
20      rector under section 303 of the Cybersecurity En-
21      hancement Act of 2014 (15 U.S.C. 7443).
22             (4) UPDATES.—The Director shall review peri-
23      odically and update the resources under paragraph
24      (1) as the Director determines appropriate.




     † S 1260 ES
                              279
 1             (5) VOLUNTARY RESOURCES.—The use of the
 2      resources disseminated under paragraph (1) shall be
 3      considered voluntary.
 4             (6) OTHER     FEDERAL     CYBERSECURITY     RE-

5       QUIREMENTS.—Nothing in this section may be con-

6       strued to supersede, alter, or otherwise affect any
7       cybersecurity requirements applicable to Federal
8       agencies.
9       (c) DEFINITIONS.—In this section:
10             (1) DIRECTOR.—The term ‘‘Director’’ means
11      the Director of the National Institute of Standards
12      and Technology.
13             (2) RESOURCES.—The term ‘‘resources’’ means
14      guidelines, tools, best practices, standards, meth-
15      odologies, and other ways of providing information.
16             (3) RESEARCH INSTITUTION.—The term ‘‘re-
17      search institution’’—
18                  (A) means a nonprofit institution (as de-
19             fined in section 4 of the Stevenson-Wydler
20             Technology Innovation Act of 1980 (15 U.S.C.
21             3703)); and
22                  (B) includes Federally funded research and
23             development centers, as identified by the Na-
24             tional Science Foundation in accordance with
25             the Federal Acquisition Regulation issued in ac-


     † S 1260 ES
                               280
1               cordance with section 1303(a)(1) of title 41 (or
2               any successor regulation).
3    SEC. 2306. INTERNATIONAL STANDARDS DEVELOPMENT.

 4       (a) FINDINGS.—Congress finds the following:
 5              (1) Widespread use of standards facilitates
 6       technology advancement by defining and establishing
 7       common foundations for interoperability, product
 8       differentiation, technological innovation, and other
 9       value-added services.
10              (2) Standards also promote an expanded, more
11       interoperable, and efficient marketplace.
12              (3) Global cooperation and coordination on
13       standards for emerging technologies will be critical
14       for having a consistent set of approaches to enable
15       market competition, preclude barriers to trade, and
16       allow innovation to flourish.
17              (4) The People’s Republic of China’s Standard-
18       ization Reform Plan and Five-Year Plan for Stand-
19       ardization highlight its high-level goals to establish
20       China as a standards power by 2020, participate in
21       at least half of all standards drafting and revision
22       efforts in recognized international standards setting
23       organizations, and strengthen China’s participation
24       in the governance of international standards setting
25       organizations.


      † S 1260 ES
                              281
 1             (5) As emerging technologies develop for global
 2      deployment, it is critical that the United States and
 3      its allies continue to participate in the development
 4      of standards that underpin the technologies them-
 5      selves, and the future international governance of
 6      these technologies.
 7             (6) The United States position on standardiza-
 8      tion in emerging technologies will be critical to
 9      United States economic competitiveness.
10             (7) The National Institute of Standards and
11      Technology is in a unique position to strengthen
12      United States leadership in standards development,
13      particularly for emerging technologies, to ensure
14      continuing United States economic competitiveness
15      and national security.
16      (b) SENSE OF CONGRESS.—It is the sense of Con-
17 gress that—
18             (1) the principles of openness, transparency,
19      due process, and consensus in the development of
20      international standards are critical;
21             (2) voluntary consensus standards, developed
22      through an industry-led process, serve as the corner-
23      stone of the United States standardization system
24      and have become the basis of a sound national econ-
25      omy and the key to global market access;


     † S 1260 ES
                               282
 1              (3) strengthening the unique United States
 2       public-private partnerships approach to standards
 3       development is critical to United States economic
 4       competitiveness; and
 5              (4) the United States Government should en-
 6       sure cooperation and coordination across Federal
 7       agencies to partner with and support private sector
 8       stakeholders to continue to shape international dia-
 9       logues in regard to standards development for
10       emerging technologies.
11       (c) ACTIVITIES AND ENGAGEMENT.—The Secretary
12 of Commerce, acting through the Director, and in con-
13 sultation with the Secretary of Energy as relevant, shall—
14              (1) build capacity and training opportunities to
15       help create a pipeline of talent and leadership in key
16       standards development positions;
17              (2) partner with private sector entities to sup-
18       port strategic engagement and leadership in the de-
19       velopment of international standards for digital
20       economy technologies, including partnering with in-
21       dustry to assist private sector partners to develop
22       standards strategies and support engagement and
23       participation in the relevant standards activities; and
24              (3) prioritize efforts on standards development
25       for emerging technologies, identify organizations to


      † S 1260 ES
                                283
1        develop these standards, identify leadership positions
2        of interest to the United States, and identify key
3        contributors for technical and leadership expertise in
4        these areas.
5    SEC. 2307. RESEARCH FUNDS ACCOUNTING.

6        (a) DEFINITIONS.—In this section:
 7              (1) FOREIGN ENTITY OF CONCERN.—The term
 8       ‘‘foreign entity of concern’’ means a foreign entity
 9       that is—
10                  (A) designated as a foreign terrorist orga-
11              nization by the Secretary of State under section
12              219(a) of the Immigration and Nationality Act
13              (8 U.S.C. 1189(a));
14                  (B) included on the list of specially des-
15              ignated nationals and blocked persons main-
16              tained by the Office of Foreign Assets Control
17              of the Department of the Treasury (commonly
18              known as the SDN list);
19                  (C) owned by, controlled by, or subject to
20              the jurisdiction or direction of a government of
21              a foreign country that is a covered nation (as
22              defined in section 2533c(d) of title 10, United
23              States Code);




      † S 1260 ES
                                284
1                  (D) alleged by the Attorney General to
2              have been involved in activities for which a con-
3              viction was obtained under—
4                       (i) chapter 37 of title 18, United
5                  States Code (commonly known as the Es-
6                  pionage Act);
7                       (ii) section 951 or 1030 of title 18,
8                  United States Code;
9                       (iii) chapter 90 of title 18, United
10                 States Code (commonly known as the Eco-
11                 nomic Espionage Act of 1996);
12                      (iv) the Arms Export Control Act (22
13                 U.S.C. 2751 et seq.);
14                      (v) section 224, 225, 226, 227, or 236
15                 of the Atomic Energy Act of 1954 (42
16                 U.S.C. 2274, 2275, 2276, 2277, and
17                 2284);
18                      (vi) the Export Control Reform Act of
19                 2018 (50 U.S.C. 4801 et seq.); or
20                      (vii)   the   International   Emergency
21                 Economic Powers Act (50 U.S.C. 1701 et
22                 seq.); or
23                 (E) determined by the Secretary of Com-
24             merce, in consultation with the Secretary of De-
25             fense and the Director of National Intelligence,


     † S 1260 ES
                               285
 1              to be engaged in unauthorized conduct that is
 2              detrimental to the national security or foreign
 3              policy of the United States.
 4              (2) STUDY PERIOD.—The term ‘‘study period’’
 5       means the 5-year period ending on the date of enact-
 6       ment of this Act.
 7       (b) STUDY.—The Comptroller General of the United
 8 States shall conduct a study on Federal funding made
 9 available, to foreign entities of concern for research, dur-
10 ing the study period.
11       (c) MATTERS TO BE INCLUDED.—The study con-
12 ducted under subsection (b) shall include, to the extent
13 practicable with respect to the study period, an assessment
14 of—
15              (1) the total amount of Federal funding made
16       available to foreign entities of concern for research;
17              (2) the total number and types of foreign enti-
18       ties of concern to whom such funding was made
19       available;
20              (3) the requirements relating to the awarding,
21       tracking, and monitoring of such funding;
22              (4) any other data available with respect to
23       Federal funding made available to foreign entities of
24       concern for research; and




      † S 1260 ES
                              286
 1              (5) such other matters as the Comptroller Gen-
 2        eral determines appropriate.
 3        (d) BRIEFING ON AVAILABLE DATA.—Not later than
 4 120 days after the date of the enactment of this division,
 5 the Comptroller General shall brief the Committee on
 6 Commerce, Science, and Transportation and the Com-
 7 mittee on Foreign Relations of the Senate and the Com-
 8 mittee on Science, Space, and Technology and the Com-
 9 mittee on Foreign Affairs of the House of Representatives
10 on the study conducted under subsection (b) and on the
11 data that is available with respect to Federal funding
12 made available to foreign entities of concern for research.
13        (e) REPORT.—The Comptroller General shall submit
14 to the congressional committees specified in subsection
15 (d), by a date agreed upon by the Comptroller General
16 and the committees on the date of the briefing, a report
17 on the findings of the study conducted under subsection
18 (b).
19   SEC. 2308. PLAN WITH RESPECT TO SENSITIVE OR CON-

20                  TROLLED INFORMATION AND BACKGROUND

21                  SCREENING.

22        Not later than 180 days after the enactment of this
23 division, the Director, in consultation with the Director
24 of National Intelligence and, as appropriate, other Federal
25 agencies, shall develop a plan to—


      † S 1260 ES
                                  287
 1              (1) identify research areas that may include
 2       sensitive or controlled information, including in the
 3       key technology focus areas; and
 4              (2) provide for background screening, as appro-
 5       priate, for individuals working in such research
 6       areas who are employees of the Foundation or re-
 7       cipients of funding from the Foundation.
 8             TITLE IV—REGIONAL
 9            INNOVATION CAPACITY
10   SEC. 2401. REGIONAL TECHNOLOGY HUBS.

11       (a) IN GENERAL.—The Stevenson-Wydler Tech-
12 nology Innovation Act of 1980 (Public Law 96–480; 15
13 U.S.C. 3701 et seq.) is amended—
14              (1) by redesignating section 28 as section 29;
15       and
16              (2) by inserting after section 27 the following:
17   ‘‘SEC. 28. REGIONAL TECHNOLOGY HUB PROGRAM.

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

20       GRESS.—The term ‘appropriate committees of Con-

21       gress’ means—
22                      ‘‘(A)   the   Committee   on   Commerce,
23              Science, and Transportation, the Committee on
24              Environment and Public Works, and the Com-
25              mittee on Appropriations of the Senate; and


      † S 1260 ES
                             288
 1                  ‘‘(B) the Committee on Science, Space,
 2             and Technology, the Committee on Transpor-
 3             tation and Infrastructure, and the Committee
 4             on Appropriations of the House of Representa-
 5             tives.
 6             ‘‘(2) COOPERATIVE EXTENSION.—The term ‘co-
 7      operative extension’ has the meaning given the term
 8      ‘extension’ in section 1404 of the Food and Agri-
 9      culture Act of 1977 (7 U.S.C. 3103).
10             ‘‘(3) KEY TECHNOLOGY FOCUS AREAS.—The
11      term ‘key technology focus areas’ means the areas
12      included on the most recent list under section 2005
13      of the Endless Frontier Act.
14             ‘‘(4) LABOR ORGANIZATION.—The term ‘labor
15      organization’ has the meaning given such term in
16      section 2101 of the Endless Frontier Act.
17             ‘‘(5) LOW POPULATION STATE.—The term ‘low
18      population State’ means a State without an urban-
19      ized area with a population greater than 200,000 as
20      reported in the 2010 decennial census.
21             ‘‘(6) MANUFACTURING EXTENSION CENTER.—
22      The term ‘manufacturing extension center’ has the
23      meaning given the term ‘Center’ in section 25(a) of
24      the National Institute of Standards and Technology
25      Act (15 U.S.C. 278k(a)).


     † S 1260 ES
                             289
 1             ‘‘(7) MANUFACTURING    USA INSTITUTE.—The

 2      term ‘Manufacturing USA institute’ means an Man-
 3      ufacturing USA institute described in section 34(d)
 4      of the National Institute of Standards and Tech-
 5      nology Act (15 U.S.C. 278s(d)).
 6             ‘‘(8) SITE CONNECTIVITY INFRASTRUCTURE.—
 7      The term ‘site connectivity infrastructure’ means lo-
 8      calized driveways and access roads to a facility as
 9      well as hookups to the new facility for drinking
10      water, waste water, broadband, and other basic in-
11      frastructure services already present in the area.
12             ‘‘(9) SMALL AND RURAL COMMUNITIES.—The
13      term ‘small and rural community’ means a noncore
14      area, a micropolitan area, or a small metropolitan
15      statistical area with a population of not more than
16      200,000.
17             ‘‘(10)   VENTURE    DEVELOPMENT     ORGANIZA-

18      TION.—The term ‘venture development organization’

19      has the meaning given such term in section 27(a) of
20      the Stevenson-Wydler Act of 1980 (15 U.S.C.
21      3722(a)).
22      ‘‘(b) REGIONAL TECHNOLOGY HUB PROGRAM.—
23             ‘‘(1) IN GENERAL.—Subject to the availability
24      of appropriations, the Secretary shall carry out a
25      program—


     † S 1260 ES
                              290
1                   ‘‘(A) to encourage new and constructive
2              collaboration among local, State, and Federal
3              government entities, academia, the private sec-
4              tor, economic development organizations, and
5              labor organizations;
6                   ‘‘(B) to support eligible consortia in the
7              creation of regional innovation strategies;
8                   ‘‘(C) to designate eligible consortia as re-
9              gional technology hubs and facilitate activities
10             by consortia designated as regional technology
11             hubs in implementing their regional innovation
12             strategies, in order—
13                       ‘‘(i) to enable United States leader-
14                  ship in technology and innovation sectors
15                  critical to national and economic security;
16                       ‘‘(ii) to support regional economic de-
17                  velopment, including in small cities and
18                  rural areas, and diffuse innovation around
19                  the United States; and
20                       ‘‘(iii) to support domestic job creation
21                  and broad-based economic growth; and
22                  ‘‘(D) to ensure that the regional tech-
23             nology hubs address the intersection of emerg-
24             ing technologies and either local and regional
25             challenges or national challenges; and


     † S 1260 ES
                                  291
 1                   ‘‘(E) to conduct ongoing research, evalua-
 2              tion, analysis, and dissemination of best prac-
 3              tices for regional development and competitive-
 4              ness in technology and innovation.
 5              ‘‘(2) AWARDS.—The Secretary shall carry out
 6       the program required by paragraph (1) through the
 7       award of the following:
 8                   ‘‘(A) Strategy development grants or coop-
 9              erative agreements to eligible consortia under
10              subsection (e).
11                   ‘‘(B) Strategy implementation grants or
12              cooperative agreements to regional technology
13              hubs under subsection (f).
14              ‘‘(3) ADMINISTRATION.—The Secretary shall
15       carry out this section through the Assistant Sec-
16       retary of Commerce for Economic Development in
17       coordination with the Under Secretary of Commerce
18       for Standards and Technology.
19       ‘‘(c) ELIGIBLE CONSORTIA.—For purposes of this
20 section, an eligible consortium is a consortium that—
21              ‘‘(1) includes 1 or more—
22                   ‘‘(A) institutions of higher education;
23                   ‘‘(B) local or Tribal governments or other
24              political subdivisions of a State;




      † S 1260 ES
                              292
1                   ‘‘(C) State governments represented by an
2              agency designated by the governor of the State
3              or States that is representative of the geo-
4              graphic area served by the consortia;
5                   ‘‘(D) economic development organizations
6              or similar entities that are focused primarily on
7              improving science, technology, innovation, or
8              entrepreneurship;
9                   ‘‘(E) industry or firms in relevant tech-
10             nology or innovation sectors;
11                  ‘‘(F) labor organizations or workforce
12             training organizations, including State and local
13             workforce development boards as established
14             under section 101 and 107 of the Workforce In-
15             vestment and Opportunity Act (29 U.S.C.
16             3111; 3122); and
17             ‘‘(2) may include 1 or more—
18                  ‘‘(A) nonprofit economic development enti-
19             ties with relevant expertise, including a district
20             organization (as defined in section 300.3 of title
21             13, Code of Federal Regulations, or successor
22             regulation);
23                  ‘‘(B) venture development organizations;
24                  ‘‘(C) financial institutions and investment
25             funds;


     † S 1260 ES
                                 293
 1                     ‘‘(D) primary and secondary educational
 2             institutions, including career and technical edu-
 3             cation schools;
 4                     ‘‘(E) National Laboratories (as defined in
 5             section 2 of the Energy Policy Act of 2005 (42
 6             U.S.C. 15801));
 7                     ‘‘(F) Federal laboratories;
 8                     ‘‘(G) Manufacturing extension centers;
 9                     ‘‘(H) Manufacturing USA institutes;
10                     ‘‘(I) institutions receiving an award under
11             section 2104 of the Endless Frontier Act; and
12                     ‘‘(J) a cooperative extension.
13      ‘‘(d) DESIGNATION           OF   REGIONAL TECHNOLOGY
14 HUBS.—
15             ‘‘(1) IN GENERAL.—In carrying out subsection
16      (b)(1)(C), the Secretary shall use a competitive proc-
17      ess to designate eligible consortia as regional tech-
18      nology hubs.
19             ‘‘(2)    GEOGRAPHIC       DISTRIBUTION.—In       con-
20      ducting the competitive process under paragraph
21      (1), the Secretary shall ensure geographic distribu-
22      tion in the designation of regional technology hubs
23      by—
24                     ‘‘(A) seeking to designate at least three
25             technology hubs in each region covered by a re-


     † S 1260 ES
                               294
1              gional office of the Economic Development Ad-
2              ministration;
3                    ‘‘(B) focusing on localities that are not
4              leading technology centers;
5                    ‘‘(C) ensuring that not fewer than one-
6              third of eligible consortia designated as regional
7              technology hubs significantly benefit a small
8              and rural community, which may include a
9              State described in subparagraph (D);
10                   ‘‘(D) ensuring that not fewer than one-
11             third of eligible consortia designated as regional
12             technology hubs include as a member of the eli-
13             gible consortia at least 1 member that is a
14             State that is eligible to receive funding from the
15             Established Program to Stimulate Competitive
16             Research of the National Science Foundation;
17             and
18                   ‘‘(E) ensuring that at least one eligible
19             consortium designated as a regional technology
20             hub is headquartered in a low population State
21             that is eligible to receive funding from the Es-
22             tablished Program to Stimulate Competitive Re-
23             search of the National Science Foundation.
24             ‘‘(3) RELATION TO CERTAIN GRANT AWARDS.—
25      The Secretary shall not require an eligible consor-


     † S 1260 ES
                               295
 1       tium to receive a grant or cooperative agreement
 2       under subsection (e) in order to be designated as a
 3       regional technology hub under paragraph (1) of this
 4       subsection.
 5       ‘‘(e) STRATEGY DEVELOPMENT GRANTS AND COOP-
 6   ERATIVE AGREEMENTS.—

 7              ‘‘(1) IN GENERAL.—The Secretary shall use a
 8       competitive process to award grants or cooperative
 9       agreements to eligible consortia for the development
10       of regional innovation strategies.
11              ‘‘(2) NUMBER OF RECIPIENTS.—The Secretary
12       shall award a grant or cooperative agreement under
13       paragraph (1) to not fewer than 20 eligible con-
14       sortia.
15              ‘‘(3) GEOGRAPHIC DIVERSITY AND REPRESEN-
16       TATION.—

17                  ‘‘(A) IN GENERAL.—The Secretary shall
18              carry out paragraph (1) in a manner that en-
19              sures geographic diversity and representation
20              from communities of differing populations.
21                  ‘‘(B) AWARDS TO SMALL AND RURAL COM-
22              MUNITIES.—In carrying out paragraph (1), the

23              Secretary shall—
24                       ‘‘(i) award not fewer than one-third of
25                  the grants and cooperative agreements


      † S 1260 ES
                              296
1                  under such paragraph to eligible consortia
2                  that significantly benefit a small and rural
3                  community, which may include a State de-
4                  scribed in clause (ii); and
5                       ‘‘(ii) award not fewer than one-third
6                  of the grants and cooperative agreements
7                  under such paragraph to eligible consortia
8                  that include as a member of the eligible
9                  consortia at least 1 member that is a State
10                 that is eligible to receive funding from the
11                 Established Program to Stimulate Com-
12                 petitive Research of the National Science
13                 Foundation.
14             ‘‘(4) USE OF FUNDS.—The amount of a grant
15      or cooperative agreement awarded under paragraph
16      (1) shall be as follows:
17                 ‘‘(A) To coordinate locally defined planning
18             processes, across jurisdictions and agencies, re-
19             lating to developing a comprehensive regional
20             technology strategy.
21                 ‘‘(B) To identify regional partnerships for
22             developing and implementing a comprehensive
23             regional technology strategy.
24                 ‘‘(C) To conduct or update assessments to
25             determine regional needs.


     † S 1260 ES
                                297
1                   ‘‘(D) To develop or update goals and strat-
2              egies to implement an existing comprehensive
3              regional plan.
4                   ‘‘(E) To identify or implement local zoning
5              and other code changes necessary to implement
6              a comprehensive regional technology strategy.
 7             ‘‘(5) FEDERAL SHARE.—The Federal share of
 8      the cost of an effort carried out using a grant or co-
 9      operative agreement awarded under this subsection
10      may not exceed 80 percent—
11                  ‘‘(A) where in-kind contributions may be
12             used for all or part of the non-Federal share,
13             but Federal funding from other Government
14             sources may not count towards the non-Federal
15             share;
16                  ‘‘(B) except in the case of an eligible con-
17             sortium that represents all or part of a small
18             and rural community, the Federal share may be
19             up to 90 percent of the total cost, subject to
20             subparagraph (A); and
21                  ‘‘(C) except in the case of an eligible con-
22             sortium that is led by a Tribal government, the
23             Federal share may be up to 100 percent of the
24             total cost of the project.




     † S 1260 ES
                                298
 1       ‘‘(f) STRATEGY IMPLEMENTATION GRANTS AND CO-
2    OPERATIVE AGREEMENTS.—

 3              ‘‘(1) IN GENERAL.—The Secretary shall use a
 4       competitive process to award grants or cooperative
 5       agreements to regional technology hubs for the im-
 6       plementation of regional innovation strategies, in-
 7       cluding regional strategies for infrastructure and
 8       site development, in support of the regional tech-
 9       nology hub’s plans and programs.
10              ‘‘(2) USE OF FUNDS.—The amount of a grant
11       or cooperative agreement awarded under subpara-
12       graph (A) to a regional technology hub may be used
13       by the regional technology hub to support any of the
14       following activities, consistent with the most current
15       regional innovation strategy of the regional tech-
16       nology hub:
17                   ‘‘(A) WORKFORCE DEVELOPMENT ACTIVI-
18              TIES.—Workforce       development activities, in-
19              cluding activities relating to the following:
20                        ‘‘(i) The creation of partnerships be-
21                   tween industry, workforce, and academic
22                   groups, which may include community col-
23                   leges, to create and align technical training
24                   and educational programs.




      † S 1260 ES
                               299
 1                       ‘‘(ii) The design, development, and
 2                  updating of educational and training cur-
 3                  riculum.
 4                       ‘‘(iii) The procurement of facilities
 5                  and equipment, as required to train a tech-
 6                  nical workforce.
 7                       ‘‘(iv) The development and execution
 8                  of programs to rapidly award certificates
 9                  or credentials recognized by regional indus-
10                  try groups.
11                       ‘‘(v) The matching of regional employ-
12                  ers with a potential new entrant, under-
13                  employed, or incumbent workforce.
14                       ‘‘(vi) The expansion of successful
15                  training programs at a scale required by
16                  the region served by the regional tech-
17                  nology hub, including through the use of
18                  online education.
19                  ‘‘(B) BUSINESS AND ENTREPRENEUR DE-
20             VELOPMENT ACTIVITIES.—Business        and entre-
21             preneur development activities, including activi-
22             ties relating to the following:
23                       ‘‘(i) The development and growth of
24                  regional businesses and the training of en-
25                  trepreneurs.


     † S 1260 ES
                               300
 1                       ‘‘(ii) The support of technology com-
 2                  mercialization, including funding for activi-
 3                  ties relevant to the protection of intellec-
 4                  tual property.
 5                       ‘‘(iii) The development of networks for
 6                  business and entrepreneur mentorship.
 7                  ‘‘(C) TECHNOLOGY MATURATION ACTIVI-
 8             TIES.—Technology maturation activities, includ-

 9             ing activities relating to the following:
10                       ‘‘(i) The development and deployment
11                  of technologies in sectors critical to the re-
12                  gion served by the regional technology hub
13                  or to national and economic security, in-
14                  cluding proof of concept, prototype devel-
15                  opment, and testing.
16                       ‘‘(ii) The provision of facilities for
17                  technology maturation, including incuba-
18                  tors for collaborative development of tech-
19                  nologies by private sector, academic, and
20                  other entities.
21                       ‘‘(iii) Activities to ensure access to
22                  capital for new business formation and
23                  business expansion, including by attracting
24                  new private, public, and philanthropic in-




     † S 1260 ES
                                     301
 1                  vestment and by establishing regional ven-
 2                  ture and loan funds.
 3                          ‘‘(iv)    Activities   determined   appro-
 4                  priate by the Secretary under section
 5                  27(c)(2) of this Act.
 6                  ‘‘(D) INFRASTRUCTURE-RELATED ACTIVI-
 7             TIES.—The         building of facilities and site
 8             connectivity infrastructure necessary to carry
 9             out activities described in subparagraphs (A),
10             (B), and (C), including activities relating to the
11             following:
12                          ‘‘(i) Establishing a workforce training
13                  center with required tools and instrumen-
14                  tation.
15                          ‘‘(ii) Establishing a facility for tech-
16                  nology development, demonstration, and
17                  testing.
18                          ‘‘(iii) Establishing collaborative incu-
19                  bators to support technology commer-
20                  cialization and entrepreneur training.
21             ‘‘(3) LIMITATION ON AMOUNT OF AWARDS.—
22      The Secretary shall ensure that no single regional
23      technology hub receives more than 10 percent of the
24      aggregate amount of the grants and cooperative
25      agreements awarded under this subsection.


     † S 1260 ES
                                302
 1             ‘‘(4) TERM.—
 2                 ‘‘(A) IN GENERAL.—The term of a grant
 3             or cooperative agreement awarded under this
 4             subsection shall be for such period as the Sec-
 5             retary considers appropriate.
 6                 ‘‘(B)     RENEWAL.—The        Secretary   may
 7             renew a grant or cooperative agreement award-
 8             ed to a regional technology hub under this sub-
 9             section as the Secretary considers appropriate if
10             the Secretary determines that the performance
11             of the regional technology hub is satisfactory.
12             ‘‘(5) MATCHING REQUIRED.—
13                 ‘‘(A) IN GENERAL.—Except in the case of
14             a regional technology hub described in subpara-
15             graph (B), the total amount of all grants
16             awarded to a regional technology hub under
17             this subsection in a given year shall not exceed
18             amounts as follows:
19                         ‘‘(i) In the first year of the grant or
20                 cooperative agreement, 90 percent of the
21                 total operating costs of the regional tech-
22                 nology hub in that year.
23                         ‘‘(ii) In the second year of the grant
24                 or cooperative agreement, 85 percent of




     † S 1260 ES
                              303
 1                 the total operating costs of the regional
 2                 technology hub in that year.
 3                      ‘‘(iii) In the third year of the grant or
 4                 cooperative agreement, 80 percent of the
 5                 total operating costs of the regional tech-
 6                 nology hub in that year.
 7                      ‘‘(iv) In the fourth year of the grant
 8                 or cooperative agreement and each year
 9                 thereafter, 75 percent of the total oper-
10                 ating costs of the regional technology hub
11                 in that year.
12                 ‘‘(B) SMALL      AND   RURAL   COMMUNITIES

13             AND INDIAN TRIBES.—

14                      ‘‘(i) IN GENERAL.—The total Federal
15                 financial assistance awarded in a given
16                 year to a regional technology hub under
17                 this subsection shall not exceed amounts as
18                 follows:
19                            ‘‘(I) In the case of a regional
20                      technology hub that represents a
21                      small and rural community, in a fiscal
22                      year, 90 percent of the total funding
23                      of the regional technology hub in that
24                      fiscal year.




     † S 1260 ES
                                 304
 1                            ‘‘(II) In the case of an regional
 2                       technology hub that is led by a Tribal
 3                       government, in a fiscal year, 100 per-
 4                       cent of the total funding of the re-
 5                       gional technology hub in that fiscal
 6                       year.
 7                       ‘‘(ii) MINIMUM THRESHOLD OF RURAL
 8                  REPRESENTATION.—For           purposes     of
 9                  clause (i)(I), the Secretary shall establish a
10                  minimum threshold of rural representation
11                  in the regional technology hub.
12                  ‘‘(C) IN-KIND CONTRIBUTIONS.—For pur-
13             poses of this paragraph, in-kind contributions
14             may be used for part of the non-Federal share
15             of the total funding of a regional technology
16             hub in a fiscal year.
17             ‘‘(6) GRANTS       FOR   INFRASTRUCTURE.—Any

18      grant or cooperative agreement awarded under this
19      subsection to support the construction of facilities
20      and site connectivity infrastructure shall be awarded
21      pursuant to section 201 of the Public Works and
22      Economic Development Act of 1965 (42 U.S.C.
23      3141) and subject to the provisions of such Act, ex-
24      cept that subsection (b) of such section and sections




     † S 1260 ES
                               305
 1       204 and 301 of such Act (42 U.S.C. 3144, 3161)
 2       shall not apply.
 3              ‘‘(7) RELATION TO CERTAIN GRANT AWARDS.—
 4       The Secretary shall not require a regional tech-
 5       nology hub to receive a grant or cooperative agree-
 6       ment under subsection (e) in order to receive a grant
 7       or cooperative agreement under this subsection.
 8       ‘‘(g) APPLICATIONS.—An eligible consortium seeking
 9 designation as a regional technology hub under subsection
10 (d) or a grant or cooperative agreement under subsection
11 (e) or (f) shall submit to the Secretary an application
12 therefor at such time, in such manner, and containing
13 such information as the Secretary may specify.
14       ‘‘(h) CONSIDERATIONS        FOR    DESIGNATION     AND

15 AWARD OF STRATEGY DEVELOPMENT GRANTS AND CO-
16   OPERATIVE AGREEMENTS.—In selecting an eligible con-

17 sortium that submitted an application under subsection
18 (g) for designation under subsection (d) or for a grant
19 or cooperative agreement under subsection (f), the Sec-
20 retary shall consider, at a minimum, the following:
21              ‘‘(1) The potential of the eligible consortium to
22       advance the research, development, deployment, and
23       domestic manufacturing of technologies in a key
24       technology focus area or other technology or innova-
25       tion sector critical to national and economic security.


      † S 1260 ES
                              306
1              ‘‘(2) The likelihood of positive regional eco-
2       nomic effect, including increasing the number of
3       high wage domestic jobs, and creating new economic
4       opportunities for economically disadvantaged and
5       underrepresented populations.
6              ‘‘(3) How the eligible consortium plans to inte-
7       grate with and leverage the resources of 1 or more
8       federally funded research and development centers,
9       National Laboratories, Federal laboratories, Manu-
10      facturing USA institutes, Hollings Manufacturing
11      Extension Partnership centers, university technology
12      centers established under section 2104 of the End-
13      less Frontier Act, the program established under
14      section 2107 of the such Act, test beds established
15      and operated under section 2108 of such Act, or
16      other Federal research entities.
17             ‘‘(4) How the eligible consortium will engage
18      with the private sector, including small- and me-
19      dium-sized businesses to commercialize new tech-
20      nologies and improve the resiliency of domestic sup-
21      ply chains in a key technology focus area or other
22      technology or innovation sector critical to national
23      and economic security.
24             ‘‘(5) How the eligible consortium will carry out
25      workforce development and skills acquisition pro-


     † S 1260 ES
                             307
 1      gramming, including through partnerships with enti-
 2      ties that include State and local workforce develop-
 3      ment boards, institutions of higher education, in-
 4      cluding community colleges, historically Black col-
 5      leges and universities, Tribal colleges and univer-
 6      sities, and minority serving institutions, labor orga-
 7      nizations, and workforce development programs, and
 8      other related activities authorized by the Secretary,
 9      to support the development of a key technology focus
10      area or other technology or innovation sector critical
11      to national and economic security.
12             ‘‘(6) How the eligible consortium will improve
13      science, technology, engineering, and mathematics
14      education programs in the identified region in ele-
15      mentary and secondary school and higher education
16      institutions located in the identified region to sup-
17      port the development of a key technology focus area
18      or other technology or innovation sector critical to
19      national and economic security.
20             ‘‘(7) How the eligible consortium plans to de-
21      velop partnerships with venture development organi-
22      zations and sources of private investment in support
23      of private sector activity, including launching new or
24      expanding existing companies, in a key technology




     † S 1260 ES
                              308
 1      focus area or other technology or innovation sector
 2      critical to national and economic security.
 3             ‘‘(8) How the eligible consortium plans to orga-
 4      nize the activities of regional partners across sectors
 5      in support of a regional technology hub.
 6             ‘‘(9) How the eligible consortium will ensure
 7      that growth in technology and innovation sectors
 8      produces broadly shared opportunity across the iden-
 9      tified region, including for economic disadvantaged
10      and underrepresented populations and rural areas.
11             ‘‘(10) The likelihood efforts served by the con-
12      sortium will be sustained once Federal support ends.
13             ‘‘(11) How the eligible consortium will—
14                 ‘‘(A) enhance the economic, environmental,
15             and energy security of the United States by
16             promoting domestic development, manufacture,
17             and deployment of innovative clean technologies
18             and advanced manufacturing practices; and
19                 ‘‘(B) support translational research, tech-
20             nology development, manufacturing innovation,
21             and commercialization activities relating to
22             clean technology.
23      ‘‘(i) COORDINATION AND COLLABORATION.—
24             ‘‘(1) COORDINATION WITH REGIONAL INNOVA-
25      TION PROGRAM.—The          Secretary shall work to en-


     † S 1260 ES
                            309
 1      sure the activities under this section do not duplicate
 2      activities or efforts under section 27, as the Sec-
 3      retary considers appropriate.
 4             ‘‘(2) COORDINATION WITH PROGRAMS OF THE
 5      NATIONAL INSTITUTE OF STANDARDS AND TECH-

6       NOLOGY.—The Secretary shall coordinate the activi-

7       ties of regional technology hubs designated under
8       this section, the Hollings Manufacturing Extension
9       Partnership, and the Manufacturing USA Program,
10      as the Secretary considers appropriate, to maintain
11      the effectiveness of a manufacturing extension center
12      or a Manufacturing USA institute.
13             ‘‘(3) COORDINATION   WITH    DEPARTMENT      OF

14      ENERGY PROGRAMS.—The         Secretary shall, in col-
15      laboration with the Secretary of Energy, coordinate
16      the activities and selection of regional technology
17      hubs designated under this section, as the Secre-
18      taries consider appropriate, to maintain the effec-
19      tiveness of activities at the Department of Energy
20      and the National Laboratories.
21             ‘‘(4) INTERAGENCY COLLABORATION.—In des-
22      ignating regional technology hubs under subsection
23      (d) and awarding grants or cooperative agreements
24      under subsection (f), the Secretary—




     † S 1260 ES
                                   310
 1                       ‘‘(A) shall collaborate, to the extent pos-
 2               sible, with the interagency working group estab-
 3               lished under section 2004 of the Endless Fron-
 4               tier Act;
 5                       ‘‘(B) shall collaborate with Federal depart-
 6               ments and agencies whose missions contribute
 7               to the goals of the regional technology hub;
 8                       ‘‘(C) shall consult with the Director of the
 9               National Science Foundation for the purpose of
10               ensuring that the regional technology hubs are
11               aligned with relevant science, technology, and
12               engineering expertise; and
13                       ‘‘(D) may accept funds from other Federal
14               agencies to support grants, cooperative agree-
15               ments, and activities under this section.
16       ‘‘(j)      PERFORMANCE          MEASUREMENT,        TRANS-
17   PARENCY, AND ACCOUNTABILITY.—

18               ‘‘(1)    METRICS,     STANDARDS,     AND    ASSESS-

19       MENT.—For each grant and cooperative agreement

20       awarded under subsection (f) for a regional tech-
21       nology hub, the Secretary shall—
22                       ‘‘(A) develop metrics, which may include
23               metrics relating to domestic job creation, patent
24               awards, and business formation and expansion,
25               to assess the effectiveness of the activities fund-


      † S 1260 ES
                                311
 1             ed in making progress toward the purposes set
 2             forth under subsection (b)(1);
 3                  ‘‘(B) establish standards for the perform-
 4             ance of the regional technology hub that are
 5             based on the metrics developed under subpara-
 6             graph (A); and
 7                  ‘‘(C) 4 years after the initial award under
 8             subsection (f) and every 2 years thereafter until
 9             Federal financial assistance under this section
10             for the regional technology hub is discontinued,
11             conduct an assessment of the regional tech-
12             nology hub to confirm whether the performance
13             of the regional technology hub is meeting the
14             standards for performance established under
15             subparagraph (B) of this paragraph.
16             ‘‘(2) FINAL      REPORTS    BY   RECIPIENTS     OF

17      STRATEGY IMPLEMENTATION GRANTS AND COOPER-

18      ATIVE AGREEMENTS.—

19                  ‘‘(A) IN GENERAL.—The Secretary shall
20             require each eligible consortium that receives a
21             grant or cooperative agreement under sub-
22             section (f) for activities of a regional technology
23             hub, as a condition of receipt of such grant or
24             cooperative agreement, to submit to the Sec-
25             retary, not later than 120 days after the last


     † S 1260 ES
                                312
 1             day of the term of the grant or cooperative
 2             agreement, a report on the activities of the re-
 3             gional technology hub supported by the grant or
 4             cooperative agreement.
 5                 ‘‘(B) CONTENTS OF REPORT.—Each report
 6             submitted by an eligible consortium under sub-
 7             paragraph (A) shall include the following:
 8                      ‘‘(i) A detailed description of the ac-
 9                 tivities carried out by the regional tech-
10                 nology hub using the grant or cooperative
11                 agreement described in subparagraph (A),
12                 including the following:
13                           ‘‘(I) A description of each project
14                      the regional technology hub completed
15                      using such grant or cooperative agree-
16                      ment.
17                           ‘‘(II) An explanation of how each
18                      project described in subclause (I)
19                      achieves a specific goal under this sec-
20                      tion in the region of the regional tech-
21                      nology hub with respect to—
22                                    ‘‘(aa) the resiliency of a sup-
23                           ply chain;




     † S 1260 ES
                             313
 1                                 ‘‘(bb) research, development,
 2                          and deployment of a critical tech-
 3                          nology;
 4                                 ‘‘(cc) workforce training and
 5                          development;
 6                                 ‘‘(dd) domestic job creation;
 7                          or
 8                                 ‘‘(ee) entrepreneurship.
 9                     ‘‘(ii) A discussion of any obstacles en-
10                 countered by the regional technology hub
11                 in the implementation of the regional tech-
12                 nology hub and how the regional tech-
13                 nology hub overcame those obstacles.
14                     ‘‘(iii) An evaluation of the success of
15                 the projects of the regional technology hub
16                 using the performance standards and
17                 measures established under paragraph (1),
18                 including an evaluation of the planning
19                 process and how the project contributes to
20                 carrying out the regional innovation strat-
21                 egy of the regional technology hub.
22                     ‘‘(iv) The effectiveness of the regional
23                 technology hub in ensuring that, in the re-
24                 gion of the regional technology hub, growth
25                 in technology and innovation sectors pro-


     † S 1260 ES
                                314
 1                  duces broadly shared opportunity across
 2                  the region, including for economic dis-
 3                  advantaged and underrepresented popu-
 4                  lations and rural areas.
 5                       ‘‘(v) Information regarding such other
 6                  matters as the Secretary may require.
 7              ‘‘(3) INTERIM    REPORTS   BY   RECIPIENTS   OF

 8       GRANTS AND COOPERATIVE AGREEMENTS.—In addi-

 9       tion to requiring submittal of final reports under
10       paragraph (2)(A), the Secretary may require a re-
11       gional technology hub described in such paragraph
12       to submit to the Secretary such interim reports as
13       the Secretary considers appropriate.
14              ‘‘(4) ANNUAL    REPORTS TO CONGRESS.—Not

15       less frequently than once each year, the Secretary
16       shall submit to the appropriate committees of Con-
17       gress an annual report on the results of the assess-
18       ments conducted by the Secretary under paragraph
19       (1)(C) during the period covered by the report.
20       ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There
21 is authorized to be appropriated to the Secretary, for the
22 period of fiscal years 2022 through 2026—
23              ‘‘(1) $9,425,000,000 to award grants and coop-
24       erative agreements under subsection (f); and




      † S 1260 ES
                             315
1              ‘‘(2) $575,000,000 to award grants and cooper-
2       ative agreements under subsection (e).’’.
3       (b) INITIAL DESIGNATIONS AND AWARDS.—
 4             (1) COMPETITION REQUIRED.—Not later than
 5      180 days after the date of the enactment of this di-
 6      vision, the Secretary of Commerce shall commence a
 7      competition under subsection (d)(1) of section 28 of
 8      the Stevenson-Wydler Technology Innovation Act of
 9      1980 (Public Law 96–480), as added by subsection
10      (a).
11             (2) DESIGNATION AND AWARD.—Not later than
12      1 year after the date of the enactment of this divi-
13      sion, if the Secretary has received at least 1 applica-
14      tion under subsection (g) of such section from an eli-
15      gible consortium whom the Secretary considers suit-
16      able for designation under subsection (d)(1) of such
17      section, the Secretary shall—
18                 (A) designate at least 1 regional tech-
19             nology hub under subsection (d)(1) of such sec-
20             tion; and
21                 (B) award a grant or cooperative agree-
22             ment under subsection (f)(1) of such section to
23             each regional technology hub designated pursu-
24             ant to subparagraph (A) of this paragraph.




     † S 1260 ES
                             316
 1   SEC. 2402. MANUFACTURING USA PROGRAM.

 2       (a) DEFINITIONS.—In this section:
 3              (1) HISTORICALLY BLACK COLLEGE OR UNI-
 4       VERSITY.—The     term ‘‘historically Black college or
 5       university’’ has the meaning given the term ‘‘part B
 6       institution’’ in section 322 of the Higher Education
 7       Act of 1965 (20 U.S.C. 1061)).
 8              (2) MANUFACTURING      USA     INSTITUTE.—The

 9       term ‘‘Manufacturing USA institute’’ means an in-
10       stitute described in section 34(d) of the National In-
11       stitute of Standards and Technology Act (15 U.S.C.
12       278s(d)).
13              (3) MANUFACTURING      USA     NETWORK.—The

14       term ‘‘Manufacturing USA Network’’ means the
15       network established under section 34(c) of the Na-
16       tional Institute of Standards and Technology Act
17       (15 U.S.C. 278s(c)).
18              (4)   MANUFACTURING      USA   PROGRAM.—The

19       term ‘‘Manufacturing USA Program’’ means the
20       program established under section 34(b)(1) of the
21       National Institute of Standards and Technology Act
22       (15 U.S.C. 278s(b)(1)).
23              (5)   MINORITY-SERVING     INSTITUTION.—The

24       term ‘‘minority-serving institution’’ means an eligi-
25       ble institution described in section 371(a) of the


      † S 1260 ES
                                317
 1       Higher     Education    Act   of   1965   (20   U.S.C.
 2       1067q(a)).
 3              (6) NATIONAL PROGRAM OFFICE.—The term
 4       ‘‘National Program Office’’ means the National Pro-
 5       gram Office established under section 34(h)(1) of
 6       the National Institute of Standards and Technology
 7       Act (15 U.S.C. 278s(h)(1)).
 8              (7) TRIBAL   COLLEGE OR UNIVERSITY.—The

 9       term ‘‘Tribal college or university’’ has the meaning
10       given the term in section 316(b)(3) of the Higher
11       Education Act of 1965 (20 U.S.C. 1059c(b)(3)).
12       (b) AUTHORIZATION OF APPROPRIATIONS TO EN-
13   HANCE AND      EXPAND MANUFACTURING USA PROGRAM
14   AND SUPPORT INNOVATION AND GROWTH IN DOMESTIC

15 MANUFACTURING.—There is authorized to be appro-
16 priated $1,200,000,000 for the period of fiscal years 2022
17 through 2026 for the Secretary of Commerce, acting
18 through the Director of the National Institute of Stand-
19 ards and Technology and in consultation with the Sec-
20 retary of Energy, the Secretary of Defense, and the heads
21 of such other Federal agencies as the Secretary of Com-
22 merce considers relevant—
23              (1) to carry out the Manufacturing USA Pro-
24       gram, including by awarding financial assistance
25       under section 34(e) of the National Institute of


      † S 1260 ES
                               318
 1          Standards and Technology Act (15 U.S.C. 278s(e))
 2          for Manufacturing USA institutes that were in effect
 3          on the day before the date of the enactment of this
 4          division; and
 5              (2) to expand such program to support innova-
 6          tion and growth in domestic manufacturing.
 7          (c) DIVERSITY PREFERENCES.—Section 34(e) of the
 8 National Institute of Standards and Technology Act (15
 9 U.S.C. 278s(e)) is amended by adding at the end the fol-
10 lowing:
11              ‘‘(8) DIVERSITY PREFERENCES.—In awarding
12          financial assistance under paragraph (1) for plan-
13          ning or establishing a Manufacturing USA institute,
14          an agency head shall prioritize Manufacturing USA
15          institutes that—
16                   ‘‘(A) contribute to the geographical diver-
17              sity of the Manufacturing USA Program;
18                   ‘‘(B) are located in an area with a low per
19              capita income; and
20                   ‘‘(C) are located in an area with a high
21              proportion of socially disadvantaged residents.’’.
22          (d) COORDINATION BETWEEN MANUFACTURING
23 USA PROGRAM AND HOLLINGS MANUFACTURING EXTEN-
24   SION    PARTNERSHIP.—The Secretary shall facilitate the
25 coordination of the activities of the Manufacturing USA


      † S 1260 ES
                             319
 1 Program and the activities of Hollings Manufacturing Ex-
 2 tension Partnership with each other to the degree that
 3 doing so does not diminish the effectiveness of the ongoing
 4 activities of a Manufacturing USA institute or a Center
 5 (as the term is defined in section 25(a) of the National
 6 Institute of Standards and Technology Act (15 U.S.C.
 7 278k(a)), including Manufacturing USA institutes enter-
 8 ing into agreements with a Center (as so defined) that
 9 the Secretary considers appropriate to provide services re-
10 lating to the mission of the Hollings Manufacturing Ex-
11 tension Partnership, including outreach, technical assist-
12 ance, workforce development, and technology transfer and
13 adoption assistance to small- and medium-sized manufac-
14 turers.
15       (e) ADVICE FROM THE NATIONAL MANUFACTURING
16 ADVISORY COUNCIL.—The Secretary shall seek advice
17 from the National Manufacturing Advisory Council on
18 matters concerning investment in and support of the man-
19 ufacturing workforce within the Manufacturing USA Pro-
20 gram, including those matters covered under section
21 2404(d)(7).
22       (f) PARTICIPATION OF MINORITY-SERVING INSTITU-
23   TIONS, HISTORICALLY BLACK COLLEGES AND UNIVER-

24   SITIES, AND TRIBAL COLLEGES AND UNIVERSITIES.—




      † S 1260 ES
                                   320
 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       are led by a covered entity.
13              (2) COVERED ENTITIES.—For purposes of this
14       subsection, a covered entity is—
15                      (A) a minority-serving institution;
16                      (B) an historically Black college or univer-
17              sity;
18                      (C) a Tribal college or university; 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       (g) DEPARTMENT OF COMMERCE POLICIES TO PRO-
23   MOTE   DOMESTIC PRODUCTION OF TECHNOLOGIES DE-
24   VELOPED UNDER MANUFACTURING USA PROGRAM.—

25              (1) POLICIES.—


      † S 1260 ES
                               321
 1                 (A) IN GENERAL.—Each agency head (as
 2             defined in section 34(a) of the National Insti-
 3             tute of Standards and Technology Act (15
 4             U.S.C. 278s(a))) and the Secretary of Defense
 5             shall, in consultation with the Secretary of
 6             Commerce, establish policies to promote the do-
 7             mestic production of technologies developed by
 8             the Manufacturing USA Network.
 9                 (B) ELEMENTS.—The policies developed
10             under subparagraph (A) shall include the fol-
11             lowing:
12                        (i) Measures to partner domestic de-
13                 velopers of goods, services, or technologies
14                 by Manufacturing USA Network activities
15                 with domestic manufacturers and sources
16                 of financing.
17                        (ii) Measures to develop and provide
18                 incentives to promote transfer of intellec-
19                 tual property and goods, services, or tech-
20                 nologies developed by Manufacturing USA
21                 Network activities to domestic manufactur-
22                 ers.
23                        (iii) Measures to assist with supplier
24                 scouting and other supply chain develop-
25                 ment, including the use of the Hollings


     † S 1260 ES
                              322
 1                 Manufacturing Extension Partnership to
 2                 carry out such measures.
 3                      (iv) A process to review and approve
 4                 or deny membership in a Manufacturing
 5                 USA institute by foreign-owned companies,
 6                 especially from countries of concern, in-
 7                 cluding the People’s Republic of China.
 8                      (v) Measures to prioritize Federal pro-
 9                 curement of goods, services, or technologies
10                 developed by the Manufacturing USA Net-
11                 work activities from domestic sources, as
12                 appropriate.
13                 (C) PROCESSES FOR WAIVERS.—The poli-
14             cies established under this paragraph shall in-
15             clude processes to permit waivers, on a case by
16             case basis, for policies that promote domestic
17             production based on cost, availability, severity
18             of technical and mission requirements, emer-
19             gency requirements, operational needs, other
20             legal or international treaty obligations, or
21             other factors deemed important to the success
22             of the Manufacturing USA Program.
23             (2) PROHIBITION.—
24                 (A) COMPANY      DEFINED.—In     this para-
25             graph, the term ‘‘company’’ has the meaning


     † S 1260 ES
                                323
 1              given such term in section 847(a) of the Na-
 2              tional Defense Authorization Act for Fiscal
 3              Year 2020 (Public Law 116–92; 10 U.S.C.
 4              2509 note).
 5                   (B) IN GENERAL.—A company of the Peo-
 6              ple’s Republic of China may not participate in
 7              the Manufacturing USA Program or the Manu-
 8              facturing USA Network without a waiver, as
 9              described in paragraph (1)(C).
10       (h) COORDINATION OF MANUFACTURING USA INSTI-
11   TUTES.—

12              (1) IN GENERAL.—Section 34(h) of the Na-
13       tional Institute of Standards and Technology Act
14       (15 U.S.C. 278s(h)) is amended by adding at the
15       end the following:
16              ‘‘(7) COUNCIL FOR COORDINATION OF INSTI-
17       TUTES.—

18                   ‘‘(A) COUNCIL.—The National Program
19              Office shall establish or designate a council of
20              heads of any Manufacturing USA institute re-
21              ceiving Federal funding at any given time to
22              foster   collaboration   between   Manufacturing
23              USA institutes.




      † S 1260 ES
                              324
 1                 ‘‘(B) MEETINGS.—The council established
 2             or designated under subparagraph (A) shall
 3             meet not less frequently than twice each year.
 4                 ‘‘(C) DUTIES     OF   THE   COUNCIL.—The

 5             council established under subparagraph (A)
 6             shall assist the National Program Office in car-
 7             rying out the functions of the National Pro-
 8             gram Office under paragraph (2).’’.
 9             (2) REPORT REQUIRED.—Not later than 180
10      days after the date on which the council is estab-
11      lished under section 34(h)(7)(A) of the National In-
12      stitute of Standards and Technology Act, as added
13      by paragraph (1), the council shall submit to the
14      National Program Office a report containing rec-
15      ommendations for improving inter-network collabo-
16      ration.
17             (3) SUBMITTAL TO CONGRESS.—Not later than
18      30 days after the date on which the report required
19      by paragraph (2) is submitted to the National Pro-
20      gram Office, the Director of the National Institute
21      of Standards and Technology shall submit such re-
22      port to the Committee on Commerce, Science, and
23      Transportation, the Committee on Energy and Nat-
24      ural Resources, and the Committee on Armed Serv-
25      ices of the Senate and the Committee on Science,


     † S 1260 ES
                               325
 1        Space, and Technology of the House of Representa-
 2        tives.
 3        (i) REQUIREMENT FOR NATIONAL PROGRAM OFFICE
 4   TO   DEVELOP STRATEGIES FOR RETAINING DOMESTIC
 5 PUBLIC BENEFIT AFTER CEASE OF FEDERAL FUND-
 6   ING.—Section    34(h)(2)(C) of the National Institute of
 7 Standards and Technology Act (15 U.S.C. 278s(h)(2)(C))
 8 is amended by inserting ‘‘, including a strategy for retain-
 9 ing domestic public benefits from Manufacturing USA in-
10 stitutes once Federal funding has been discontinued’’ after
11 ‘‘Program’’.
12        (j) MODIFICATION OF FUNCTIONS OF NATIONAL
13 PROGRAM OFFICE TO INCLUDE DEVELOPMENT OF IN-
14   DUSTRY CREDENTIALS.—Section 34(h)(2)(J) of the Na-

15 tional Institute of Standards and Technology Act (15
16 U.S.C. 278s(h)(2)(J)) is amended by inserting ‘‘, includ-
17 ing the development of industry credentials’’ after ‘‘activi-
18 ties’’.
19   SEC. 2403. ESTABLISHMENT OF EXPANSION AWARDS PRO-

20                  GRAM IN HOLLINGS MANUFACTURING EX-

21                  TENSION    PARTNERSHIP   AND   AUTHORIZA-

22                  TION OF APPROPRIATIONS FOR THE PART-

23                  NERSHIP.

24        (a) ESTABLISHMENT OF EXPANSION AWARDS PRO-
25   GRAM.—The National Institute of Standards and Tech-



      † S 1260 ES
                               326
 1 nology Act (15 U.S.C. 271 et seq.) is amended by insert-
 2 ing after section 25A (15 U.S.C. 278k–1) the following:
 3   ‘‘SEC. 25B. EXPANSION AWARDS PROGRAM.

 4       ‘‘(a) DEFINITIONS.—The terms used in this section
 5 have the meanings given the terms in section 25.
 6       ‘‘(b) ESTABLISHMENT.—The Director shall establish,
 7 subject to the availability of appropriations, within the
 8 Hollings Manufacturing Extension Partnership under sec-
 9 tions 25 and 26 a program of expansion awards among
10 participants described in subsection (c) of this section for
11 the purposes described in subsection (d) of this section.
12       ‘‘(c) PARTICIPANTS.—Participants receiving awards
13 under this section shall be Centers, or a consortium of
14 Centers.
15       ‘‘(d) PURPOSE OF AWARDS.—An award under this
16 section shall be made for one or more of the following pur-
17 poses:
18              ‘‘(1) To provide worker education, training, de-
19       velopment, and entrepreneurship training and to
20       connect individuals or business with such services of-
21       fered in their community, which may include em-
22       ployee ownership and workforce training, connecting
23       manufacturers with career and technical education
24       entities, institutions of higher education (including
25       community colleges), workforce development boards,


      † S 1260 ES
                               327
 1      State government programs for advanced manufac-
 2      turing, entities (such as public-private partnerships)
 3      or a collection of entities and individuals carrying
 4      out an advanced manufacturing forum that would
 5      serve      educationally   underrepresented   individuals
 6      (such as underrepresented racial and ethnic minori-
 7      ties), labor organizations, and nonprofit job training
 8      providers to develop and support training and job
 9      placement services, apprenticeship and online learn-
10      ing platforms, for new and incumbent workers, pro-
11      gramming to prevent job losses when adopting new
12      technologies and processes, and development of em-
13      ployee ownership practices.
14             ‘‘(2) To mitigate vulnerabilities to cyberattacks,
15      including helping to offset the cost of cybersecurity
16      projects for small manufacturers.
17             ‘‘(3) To expand advanced technology services to
18      small- and medium-sized manufacturers, which may
19      include—
20                   ‘‘(A) developing technology demonstration
21             laboratories;
22                   ‘‘(B) services for the adoption of advanced
23             technologies, including smart manufacturing
24             technologies and practices; and




     † S 1260 ES
                              328
1                  ‘‘(C) establishing partnerships, for the de-
2              velopment, demonstration, and deployment of
3              advanced technologies, with—
4                       ‘‘(i) national laboratories (as defined
5                  in section 2 of the Energy Policy Act of
6                  2005 (42 U.S.C. 15801));
7                       ‘‘(ii) Federal laboratories;
8                       ‘‘(iii) Manufacturing USA institutes
9                  (as described in section 2402 of the End-
10                 less Frontiers Act); and
11                      ‘‘(iv) institutions of higher education.
12             ‘‘(4) To build capabilities across the Hollings
13      Manufacturing Extension Partnership for domestic
14      supply chain resiliency and optimization, including—
15                 ‘‘(A) assessment of domestic manufac-
16             turing capabilities, expanded capacity for re-
17             searching and deploying information on supply
18             chain risk, hidden costs of reliance on offshore
19             suppliers, and other relevant topics; and
20                 ‘‘(B) expanded services to provide indus-
21             try-wide support that assists United States
22             manufacturers with reshoring manufacturing to
23             strengthen the resiliency of domestic supply
24             chains, including in critical technology areas
25             and foundational manufacturing capabilities


     † S 1260 ES
                                329
 1               that are key to domestic manufacturing com-
 2               petitiveness and resiliency, including forming,
 3               casting, machining, joining, surface treatment,
 4               tooling, and metal or chemical refining.
 5       ‘‘(e) REIMBURSEMENT.—The Director may reim-
 6 burse Centers for costs incurred by the Centers under this
 7 section.
 8       ‘‘(f)      PROGRAM     CONTRIBUTION.—Recipients      of
 9 awards under this section shall not be required to provide
10 a matching contribution.’’.
11       (b) AUTHORIZATION OF APPROPRIATIONS.—
12               (1) IN GENERAL.—There is authorized to be
13       appropriated to carry out the Hollings Manufac-
14       turing Extension Partnership program under sec-
15       tions 25, 25A, and 26 of the National Institute of
16       Standards and Technology Act (15 U.S.C. 278k,
17       278k–1, and 278l), and section 25B of such Act, as
18       added by subsection (a), $480,000,000 for each of
19       fiscal years 2022 through fiscal year 2026.
20               (2) BASE FUNDING.—Of the amounts appro-
21       priated pursuant to the authorization in paragraph
22       (1), $216,000,000 shall be available in each fiscal
23       year to carry out the Hollings Manufacturing Exten-
24       sion Partnership under sections 25 and 25A of such
25       Act (15 U.S.C. 278k and 278k–1), of which


      † S 1260 ES
                                330
 1       $40,000,000 shall not be subject to cost share re-
 2       quirements under subsection (e)(2) of such section:
 3       Provided, That the authority made available pursu-
 4       ant to this section shall be elective for any Manufac-
 5       turing Extension Partnership Center that also re-
 6       ceives funding from a State that is conditioned upon
 7       the application of a Federal cost sharing require-
 8       ment.
 9              (3) EXPANSION      AWARD    PROGRAM.—Of      the
10       amounts appropriated pursuant to the authorization
11       in paragraph (1), $264,000,000 shall be available
12       each fiscal year to carry out section 25B of such
13       Act, as added by subsection (a).
14   SEC. 2404. NATIONAL MANUFACTURING ADVISORY COUN-

15                    CIL.

16       (a) DEFINITIONS.—In this section:
17              (1) ADVISORY COUNCIL.—The term ‘‘Advisory
18       Council’’ means the National Manufacturing Advi-
19       sory Council established under subsection (b)(1).
20              (2)     APPROPRIATE   COMMITTEES    OF    CON-

21       GRESS.—The term ‘‘appropriate committees of Con-

22       gress’’ means—
23                     (A) the Committee on Health, Education,
24              Labor, and Pensions, the Committee on Com-
25              merce, Science, and Transportation, the Com-


      † S 1260 ES
                              331
 1             mittee on Energy and Natural Resources, the
 2             Committee on Armed Services, and the Com-
 3             mittee on Appropriations of the Senate; and
 4                 (B) the Committee on Education and
 5             Labor, the Committee on Science, Space, and
 6             Technology, the Committee on Energy and
 7             Commerce, the Committee on Armed Services,
 8             and the Committee on Appropriations of the
 9             House of Representatives.
10             (3) SECRETARY.—The term ‘‘Secretary’’ means
11      the Secretary of Commerce.
12      (b) ESTABLISHMENT.—
13             (1) IN GENERAL.—The Secretary, in consulta-
14      tion with the Secretary of Labor, the Secretary of
15      Defense, the Secretary of Energy, and the Secretary
16      of Education, shall establish within the Department
17      of Commerce the National Manufacturing Advisory
18      Council.
19             (2) PURPOSE.—The purpose of the Advisory
20      Council shall be to—
21                 (A) provide worker education, training, de-
22             velopment, and entrepreneurship training;
23                 (B) connect individuals and business with
24             the services described in subparagraph (A) that




     † S 1260 ES
                                332
 1             are offered in the community of the individuals
 2             or businesses;
 3                  (C) coordinate services relating to em-
 4             ployee engagement, including employee owner-
 5             ship and workforce training;
 6                  (D) connect manufacturers with career and
 7             technical education entities, institutions of high-
 8             er education, community colleges, workforce de-
 9             velopment boards, labor organizations, and non-
10             profit job training providers to develop and sup-
11             port training and job placement services and
12             apprenticeship and online learning platforms for
13             new and incumbent workers;
14                  (E) develop programming to prevent job
15             losses as entities adopt new technologies and
16             processes; and
17                  (F) develop best practices for employee
18             ownership.
19      (c) MISSION.—The mission of the Advisory Council
20 shall be to—
21             (1) ensure regular communication between the
22      Federal Government and the manufacturing sector
23      in the United States;




     † S 1260 ES
                              333
 1             (2) advise the Federal Government regarding
 2      policies and programs of the Federal Government
 3      that affect manufacturing in the United States;
 4             (3) provide a forum for discussing and pro-
 5      posing solutions to problems relating to the manu-
 6      facturing industry in the United States; and
 7             (4) ensure that the United States remains the
 8      preeminent destination throughout the world for in-
 9      vestment in manufacturing.
10      (d) DUTIES.—The duties of the Advisory Council
11 shall include—
12             (1) meeting not less frequently than every 180
13      days to provide independent advice and rec-
14      ommendations to the Secretary regarding issues in-
15      volving manufacturing in the United States;
16             (2) completing specific tasks requested by the
17      Secretary;
18             (3) conveying input from key industry, labor,
19      academic, defense, governmental, and other stake-
20      holders to aid in the development of a national stra-
21      tegic plan for manufacturing in the United States;
22             (4) monitoring the status of technological devel-
23      opments, critical production capacity, skill avail-
24      ability, investment patterns, emerging defense needs,
25      and other key indicators of manufacturing competi-


     † S 1260 ES
                              334
 1      tiveness to provide foresight for periodic updates to
 2      the national strategic plan for manufacturing devel-
 3      oped under paragraph (3);
 4             (5) soliciting input from the public and private
 5      sectors and academia relating to emerging trends in
 6      manufacturing, the responsiveness of Federal pro-
 7      gramming with respect to manufacturing, and sug-
 8      gestions for areas of increased Federal attention
 9      with respect to manufacturing;
10             (6) monitoring global manufacturing trends and
11      global threats to manufacturing sectors in the
12      United States;
13             (7) providing advice and recommendations to
14      the Federal Government on matters relating to in-
15      vestment in and support of the manufacturing work-
16      force relating to—
17                 (A) worker participation, including through
18             labor organizations and through other methods
19             determined by the Advisory Council, in the
20             planning for deployment of new technologies
21             across an industry and within workplaces;
22                 (B) training and education priorities for
23             the Federal Government and for employers to
24             assist workers in adapting the skills and experi-




     † S 1260 ES
                                 335
1              ences of those workers to fit the demands of the
2              21st century economy;
3                      (C) innovative suggestions from workers on
4              the development of new technologies and proc-
5              esses and, as appropriate, assessing the impact
6              of those technologies and processes on the
7              workforce and economy of the United States;
8                      (D) management practices that lead to
9              worker employment, job quality, worker protec-
10             tion, worker participation and power in decision
11             making, and investment in worker career suc-
12             cess;
13                     (E) policies and procedures to prioritize di-
14             versity and inclusion in the manufacturing and
15             technology workforce by expanding access to
16             job, career advancement, and management op-
17             portunities for underrepresented populations;
18             and
19                     (F) advice on how to improve access to de-
20             mand-driven education, training, and re-train-
21             ing for workers, including community and tech-
22             nical colleges, higher education, apprenticeships
23             and work-based learning opportunities;




     † S 1260 ES
                               336
1              (8) with respect to the manufacturing.gov
2       website, or any successor thereto, providing input
3       and improvements in order to—
4                  (A) make that website more user-friendly
5              to enhance the ability of that website to—
6                         (i) provide information to manufactur-
7                  ers; and
8                         (ii) receive feedback from manufactur-
9                  ers;
10                 (B) assist that website in becoming the
11             principal place of interaction between manufac-
12             turers in the United States and Federal pro-
13             grams relating to manufacturing; and
14                 (C) enable that website to provide assist-
15             ance to manufacturers relating to—
16                        (i) international trade and investment
17                 matters;
18                        (ii) research and technology develop-
19                 ment opportunities;
20                        (iii) workforce development and train-
21                 ing programs and opportunities;
22                        (iv) small and medium manufacturer
23                 needs; and
24                        (v) industrial commons and supply
25                 chain needs.


     † S 1260 ES
                               337
 1      (e) MEMBERSHIP.—
 2             (1)   IN   GENERAL.—The         Advisory    Council
 3      shall—
 4                   (A) consist of individuals appointed by the
 5             Secretary with a balance of backgrounds, expe-
 6             riences, and viewpoints; and
 7                   (B) include an equal proportion of individ-
 8             uals with manufacturing experience who rep-
 9             resent private industry, academia, and labor or-
10             ganizations.
11             (2) PUBLIC     PARTICIPATION.—The          Secretary
12      shall, to the maximum extent practicable, accept rec-
13      ommendations from the public regarding the ap-
14      pointment of individuals under paragraph (1).
15             (3) PERIOD OF APPOINTMENT; VACANCIES.—
16                   (A) IN GENERAL.—Each member of the
17             Advisory Council shall be appointed by the Sec-
18             retary for a term of 3 years.
19                   (B) RENEWAL.—The Secretary may renew
20             an appointment made under subparagraph (A)
21             not more than 2 additional terms
22                   (C) STAGGER TERMS.—The Secretary may
23             stagger the terms of the members of the Advi-
24             sory Council to ensure that the terms of the
25             members expire during different years.


     † S 1260 ES
                              338
 1                 (D) VACANCIES.—Any member appointed
 2             to fill a vacancy on the Advisory Council occur-
 3             ring before the expiration of the term for which
 4             the member’s predecessor was appointed shall
 5             be appointed only for the remainder of that
 6             term. A member may serve after the expiration
 7             of that term until a successor has been ap-
 8             pointed.
 9      (f) TRANSFER OF FUNCTIONS.—
10             (1) IN GENERAL.—All functions of the United
11      States Manufacturing Council of the International
12      Trade Administration of the Department of Com-
13      merce, including the personnel, assets, and obliga-
14      tions of the United States Manufacturing Council of
15      the International Trade Administration of the De-
16      partment of Commerce, as in existence on the day
17      before the date of enactment of this division, shall
18      be transferred to the Advisory Council.
19             (2) DEEMING OF NAME.—Any reference in law,
20      regulation, document, paper, or other record of the
21      United States to the United States Manufacturing
22      Council of the International Trade Administration of
23      the Department of Commerce shall be deemed a ref-
24      erence to the Advisory Council.




     † S 1260 ES
                                  339
 1              (3)     UNEXPENDED        BALANCES.—Unexpended

 2       balances of appropriations, authorization, alloca-
 3       tions, or other funds related to the United States
 4       Manufacturing Council of the International Trade
 5       Administration of the Department of Commerce
 6       shall be available for use by the Advisory Council for
 7       the purpose for which the appropriations, authoriza-
 8       tions, allocations, or other funds were originally
 9       made available.
10       (g) REPORT.—Not later than 180 days after the date
11 on which the Advisory Council holds the initial meeting
12 of the Advisory Council and annually thereafter, the Advi-
13 sory Council shall submit to the appropriate committees
14 of Congress a report containing a detailed statement of
15 the advice and recommendations of the Advisory Council
16 required under subsection (d)(7).
17        TITLE V—MISCELLANEOUS
18   SEC. 2501. STRATEGY AND REPORT ON ECONOMIC SECU-

19                    RITY, SCIENCE, RESEARCH, AND INNOVATION

20                    TO   SUPPORT      THE   NATIONAL   SECURITY

21                    STRATEGY.

22       (a) NATIONAL SECURITY STRATEGY DEFINED.—In
23 this section, the term ‘‘national security strategy’’ means
24 the national security strategy required by section 108 of
25 the National Security Act of 1947 (50 U.S.C. 3043).


      † S 1260 ES
                              340
 1      (b) STRATEGY AND REPORT.—
 2             (1) IN GENERAL.—Not later than 90 days after
 3      the transmission of each national security strategy
 4      under section 108(a) of the National Security Act of
 5      1947 (50 U.S.C. 3043(a)), the Director of the Office
 6      of Science and Technology Policy shall, in coordina-
 7      tion with the National Science and Technology
 8      Council, the Director of the National Economic
 9      Council, and the heads of such other relevant Fed-
10      eral agencies as the Director of the Office of Science
11      and Technology Policy considers appropriate and in
12      consultation with such nongovernmental partners as
13      the Director of the Office of Science and Technology
14      Policy considers appropriate—
15                 (A) review such strategy, programs, and
16             resources as the Director of the Office of
17             Science and Technology Policy determines per-
18             tain to United States national competitiveness
19             in science, research, innovation, and technology
20             transfer, including patenting and licensing, to
21             support the national security strategy;
22                 (B) develop or revise a national strategy to
23             improve the national competitiveness of the
24             United States in science, research, and innova-




     † S 1260 ES
                               341
1              tion to support the national security strategy;
2              and
3                    (C) submit to Congress—
4                        (i) a report on the findings of the Di-
5                    rector with respect to the review conducted
6                    under subparagraph (A); and
7                        (ii) the strategy developed or revised
8                    under subparagraph (B).
 9             (2) TERMINATION.—The requirement of para-
10      graph (1) shall terminate on the date that is 5 years
11      after the date of the enactment of this Act.
12      (c) ELEMENTS.—
13             (1) REPORT.—Each report submitted under
14      subsection (b)(1)(C)(i) shall include the following:
15                   (A) An assessment of public and private
16             investment in civilian and military science and
17             technology    and     its   implications   for   the
18             geostrategic position of the United States.
19                   (B) A description of the prioritized eco-
20             nomic security interests and objectives, includ-
21             ing domestic job creation, of the United States
22             relating to science, research, and innovation
23             and an assessment of how investment in civilian
24             and military science and technology can ad-
25             vance those objectives.


     † S 1260 ES
                              342
1                  (C) An assessment of global trends in
2              science and technology, including potential
3              threats to the leadership of the United States
4              in science and technology.
5                  (D) An assessment of the national debt
6              and its implications for the economic and na-
7              tional security of the United States.
8                  (E) An assessment of how regional efforts
9              are contributing and could contribute to the in-
10             novation capacity of the United States, includ-
11             ing programs run by State and local govern-
12             ments.
13                 (F) An assessment of—
14                      (i) workforce needs for competitive-
15                 ness in key technology focus areas; and
16                      (ii) any efforts needed—
17                           (I) to expand pathways into key
18                      technology focus areas; and
19                           (II) to improve workforce devel-
20                      opment and employment systems, as
21                      well as programs and practices to
22                      upskill incumbent workers.
23                 (G) An assessment of barriers to competi-
24             tiveness and barriers to the development and




     † S 1260 ES
                               343
1              evolution of start-ups, small and mid-sized busi-
2              ness entities, and industries.
3                   (H) An assessment of the effectiveness of
4              the Federal Government, federally funded re-
5              search and development centers, and national
6              labs in supporting and promoting technology
7              commercialization and technology transfer, in-
8              cluding an assessment of the adequacy of Fed-
9              eral research and development funding in cre-
10             ating new domestic manufacturing growth and
11             job creation across sectors and promoting com-
12             petitiveness and the development of new tech-
13             nologies.
14                  (I) An assessment of manufacturing capac-
15             ity, logistics, and supply chain dynamics of
16             major export sectors, including access to a
17             skilled workforce, physical infrastructure, and
18             broadband network infrastructure.
19                  (J) An assessment of how the Federal
20             Government is increasing the participation of
21             underrepresented populations in science, re-
22             search, innovation, and manufacturing.
23                  (K) An assessment of public-private part-
24             nerships in technology commercialization, in-
25             cluding—


     † S 1260 ES
                             344
 1                     (i) the structure of current technology
 2                 research and commercialization arrange-
 3                 ments with regard to public-private part-
 4                 nerships; and
 5                     (ii) the extent to which intellectual
 6                 property developed with Federal funding—
 7                          (I) is being used to manufacture
 8                     in the United States rather than in
 9                     other countries; and
10                          (II) is being used by foreign busi-
11                     ness entities that are majority owned
12                     or controlled (as defined in section
13                     800.208 of title 31, Code of Federal
14                     Regulations, or a successor regula-
15                     tion), or minority owned greater than
16                     25 percent by—
17                                 (aa) any governmental orga-
18                          nization of the People’s Republic
19                          of China; or
20                                 (bb) any other entity that
21                          is—
22                                     (AA)   known    to   be
23                                 owned or controlled by any
24                                 governmental   organization




     † S 1260 ES
                               345
1                                    of the People’s Republic of
2                                    China; or
3                                         (BB) organized under,
4                                    or otherwise subject to, the
5                                    laws of the People’s Repub-
6                                    lic of China.
 7             (2)    STRATEGY.—Each         strategy   submitted
 8      under subsection (b)(1)(C)(ii) shall include the fol-
 9      lowing:
10                   (A) A plan to utilize available tools to ad-
11             dress or minimize the leading threats and chal-
12             lenges and to take advantage of the leading op-
13             portunities, particularly in regards to key tech-
14             nology focus areas central to international com-
15             petition, including the following:
16                       (i) Specific objectives, tasks, metrics,
17                   and milestones for each relevant Federal
18                   agency.
19                       (ii) Strategic objectives and priorities
20                   necessary to maintain the leadership of the
21                   United States in science and technology,
22                   including near-term, medium-term, and
23                   long-term research priorities.
24                       (iii) Specific plans to safeguard re-
25                   search and technology funded, as appro-


     † S 1260 ES
                                346
1                  priate, in whole or in part, by the Federal
2                  Government, including in the key tech-
3                  nology      focus   areas,   from   theft      or
4                  exfiltration by foreign entities of concern.
5                       (iv) Specific plans to support public
6                  and private sector investment in research,
7                  technology development, education and
8                  workforce development, and domestic man-
9                  ufacturing supportive of the national eco-
10                 nomic competitiveness of the United States
11                 and to foster the use of public-private part-
12                 nerships.
13                      (v) Specific plans to promote sustain-
14                 ability practices and strategies for increas-
15                 ing jobs in the United States.
16                      (vi) A description of—
17                             (I) how the strategy submitted
18                      under subsection (b)(1)(C)(ii) sup-
19                      ports the national security strategy;
20                      and
21                             (II) how the strategy submitted
22                      under such subsection is integrated
23                      and coordinated with the most recent
24                      national defense strategy under sec-




     † S 1260 ES
                                347
 1                     tion 113(g) of title 10, United States
 2                     Code.
 3                     (vii) A plan to encourage the govern-
 4                 ments of countries that are allies or part-
 5                 ners of the United States to cooperate with
 6                 the execution of the strategy submitted
 7                 under subsection (b)(1)(C)(ii), where ap-
 8                 propriate.
 9                     (viii) A plan for how the United
10                 States should develop local and regional
11                 capacity for building innovation ecosystems
12                 across the Nation by providing Federal
13                 support.
14                     (ix) A plan for strengthening the in-
15                 dustrial base of the United States.
16                     (x) A plan to remove or update overly
17                 burdensome or outdated Federal regula-
18                 tions as appropriate.
19                     (xi) A plan—
20                            (I) to further incentivize industry
21                     participation in public-private partner-
22                     ships for the purposes of accelerating
23                     technology     research   and     commer-
24                     cialization, including alternate ways of
25                     accounting for in-kind contributions


     † S 1260 ES
                        348
 1                 and value of partially manufactured
 2                 products;
 3                     (II) to ensure that intellectual
 4                 property developed with Federal fund-
 5                 ing is commercialized in the United
 6                 States; and
 7                     (III) to ensure, to the maximum
 8                 appropriate extent, that intellectual
 9                 property developed with Federal fund-
10                 ing is not being used by foreign busi-
11                 ness entities that are majority owned
12                 or controlled (as defined in section
13                 800.208 of title 31, Code of Federal
14                 Regulations, or a successor regula-
15                 tion), or minority owned greater than
16                 25 percent by—
17                             (aa) any governmental orga-
18                     nization of the People’s Republic
19                     of China; or
20                             (bb) any other entity that
21                     is—
22                                 (AA)   known    to   be
23                             owned or controlled by any
24                             governmental   organization




     † S 1260 ES
                              349
 1                                  of the People’s Republic of
 2                                  China; or
 3                                       (BB) organized under,
 4                                  or otherwise subject to, the
 5                                  laws of the People’s Repub-
 6                                  lic of China.
 7                      (xii) An identification of additional re-
 8                  sources, administrative action, or legisla-
 9                  tive action recommended to assist with the
10                  implementation of such strategy.
11         (d) RESEARCH AND DEVELOPMENT FUNDING.—The
12 Director of the Office of Science and Technology Policy
13 shall, as the Director considers necessary, consult with the
14 Director of the Office of Management and Budget and
15 with the heads of such other elements of the Executive
16 Office of the President as the Director of the Office of
17 Science and Technology Policy considers appropriate to
18 ensure that the recommendations and priorities with re-
19 spect to research and development funding as expressed
20 in the most recent report and strategy submitted under
21 subsection (b)(1)(C) are incorporated into the develop-
22 ment of annual budget requests for Federal research agen-
23 cies.
24         (e) PUBLICATION.—The Director of the Office of
25 Science and Technology Policy shall, consistent with the


      † S 1260 ES
                               350
 1 protection of national security and other sensitive matters
 2 and otherwise to the maximum extent practicable, make
 3 each report submitted under subsection (b)(1)(C)(i) pub-
 4 licly available on an internet website of the Office of
 5 Science and Technology Policy. The report may include
 6 a classified annex if the working group determines appro-
 7 priate.
 8   SEC. 2502. PERSON OR ENTITY OF CONCERN PROHIBITION.

 9       No person published on the list under section 1237(b)
10 of the Strom Thurmond National Defense Authorization
11 Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C.
12 1701 note) or entity identified under section 1260H of
13 the William M. (Mac) Thornberry National Defense Au-
14 thorization Act for Fiscal Year 2021 (Public Law 116–
15 283) may receive or participate in any grant, award, pro-
16 gram, support, or other activity under—
17              (1) the Directorate established in section 2102;
18              (2) the supply chain resiliency program under
19       section 2505;
20              (3) section 28(b)(1) of the Stevenson-Wydler
21       Technology Innovation Act of 1980 (15 U.S.C. 3701
22       et seq.), as added by section 2401(a); or
23              (4) the Manufacturing USA Program, as im-
24       proved and expanded under section 2402.




      † S 1260 ES
                               351
 1   SEC. 2503. STUDY ON EMERGING SCIENCE AND TECH-

 2                  NOLOGY    CHALLENGES     FACED    BY   THE

 3                  UNITED STATES AND RECOMMENDATIONS TO

 4                  ADDRESS THEM.

 5       (a) SHORT TITLE.—This section may be cited as the
 6 ‘‘National Strategy to Ensure American Leadership Act
 7 of 2021’’ or the ‘‘National SEAL Act of 2021’’.
 8       (b) STUDY.—
 9              (1) IN GENERAL.—The Secretary of Commerce
10       shall seek to enter into an agreement with the Na-
11       tional Academies of Sciences, Engineering, and Med-
12       icine to conduct a study—
13                   (A) to identify the 10 most critical emerg-
14              ing science and technology challenges facing the
15              United States; and
16                   (B) to develop recommendations for legis-
17              lative or administrative action to ensure United
18              States leadership in matters relating to such
19              challenges.
20              (2) ELEMENTS.—The study conducted under
21       paragraph (1) shall include identification, review,
22       and evaluation of the following:
23                   (A) Matters pertinent to identification of
24              the challenges described in paragraph (1)(A).
25                   (B) Matters relating to the recommenda-
26              tions developed under paragraph (1)(B), includ-
      † S 1260 ES
                              352
 1             ing with respect to education and workforce de-
 2             velopment necessary to address each of the
 3             challenges identified under paragraph (1)(A).
 4                  (C) Matters related to the review of key
 5             technology focus areas by the Director of the
 6             National Science Foundation under section
 7             2005.
 8                  (D) An assessment of the current relative
 9             balance in leadership in addressing the chal-
10             lenges identified in paragraph (1)(A) between
11             the United States, allies or key partners of the
12             United States, and the People’s Republic of
13             China.
14             (3) TIMEFRAME.—
15                  (A) AGREEMENT.—The Secretary of Com-
16             merce shall seek to enter into the agreement re-
17             quired by paragraph (1) on or before the date
18             that is 60 days after the date of enactment of
19             this Act.
20                  (B) FINDINGS.—Under an agreement en-
21             tered into under paragraph (1), the National
22             Academies of Sciences, Engineering, and Medi-
23             cine shall, not later than 1 year after the date
24             on which the Secretary of Commerce and the
25             National Academies enter into such agreement,


     † S 1260 ES
                              353
 1             transmit to the Secretary of Commerce the
 2             findings of the National Academies with respect
 3             to the study conducted pursuant to such agree-
 4             ment.
5       (c) REPORT.—
 6             (1) IN GENERAL.—Not later than 30 days after
 7      the date on which the Secretary of Commerce re-
 8      ceives the findings of the National Academies of
 9      Sciences, Engineering, and Medicine with respect to
10      the study conducted under subsection (b), the Sec-
11      retary of Commerce shall submit to Congress a
12      ‘‘Strategy to Ensure American Leadership’’ report
13      on such study.
14             (2) CONTENTS.—The report submitted under
15      paragraph (1) shall include the following:
16                  (A) The findings of the National Acad-
17             emies of Sciences, Engineering, and Medicine
18             with respect to the study conducted under sub-
19             section (b).
20                  (B) The conclusions of the Secretary of
21             Commerce with respect to such findings.
22                  (C) The recommendations developed under
23             subsection (b)(1)(B).
24                  (D) Such other recommendations for legis-
25             lative or administrative action as the Secretary


     † S 1260 ES
                               354
 1              of Commerce may have with respect to such
 2              findings and conclusions.
 3              (3) CLASSIFIED ANNEX.—The report submitted
 4       under paragraph (1) shall be submitted in unclassi-
 5       fied form, but may include a classified annex if the
 6       Secretary of Commerce determines appropriate.
 7       (d) INFORMATION FROM FEDERAL AGENCIES.—
 8              (1) IN GENERAL.—The National Academies of
 9       Sciences, Engineering, and Medicine may secure di-
10       rectly from a Federal department or agency such in-
11       formation as the National Academies of Sciences,
12       Engineering, and Medicine consider necessary to
13       carry out the study under subsection (b).
14              (2) FURNISHING INFORMATION.—On request of
15       the National Academies of Sciences, Engineering,
16       and Medicine for information, the head of the de-
17       partment or agency shall furnish such information to
18       the National Academies of Sciences, Engineering,
19       and Medicine.
20       (e) CONSULTATION.—The Secretary of Defense and
21 the Director of National Intelligence shall provide support
22 upon request from the Secretary of Commerce or the Na-
23 tional Academies to carry out this section.
24       (f) NON-DUPLICATION OF EFFORT.—In carrying out
25 subsection (b), the Secretary of Commerce shall, to the


      † S 1260 ES
                                 355
 1 degree practicable, coordinate with the steering committee
 2 established under section 236(a) of the William M. (Mac)
 3 Thornberry National Defense Authorization Act for Fiscal
 4 Year 2021 (Public Law 116–283).
 5   SEC. 2504. REPORT ON GLOBAL SEMICONDUCTOR SHORT-

 6                  AGE.

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

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




      † S 1260 ES
                               356
1              (4) PROGRAM.—The term ‘‘program’’ means
2       the supply chain resiliency and crisis response pro-
3       gram established under subsection (b).
 4             (5) RESILIENT SUPPLY CHAIN.—The term ‘‘re-
 5      silient supply chain’’ means a supply chain that—
 6                 (A) ensures that the United States can
 7             sustain critical industry production, supply
 8             chains, services, and access to critical goods and
 9             services during supply chain shocks, including
10             pandemic and biological threats, cyberattacks,
11             extreme weather events, terrorist and geo-
12             political attacks, great power conflicts, and
13             other threats to the national security of the
14             United States; and
15                 (B) has key components of resilience that
16             include—
17                        (i) effective private sector risk man-
18                 agement and mitigation planning to sus-
19                 tain critical supply chains and supplier
20                 networks during a supply chain shock;
21                        (ii) minimized or managed exposure to
22                 supply chain shocks; and
23                        (iii) the financial and operational ca-
24                 pacity to—




     † S 1260 ES
                                 357
1                               (I) sustain critical industry sup-
2                          ply chains during shocks; and
3                               (II) recover from supply chain
4                          shocks.
 5             (6) RELEVANT COMMITTEES OF CONGRESS.—
 6      The        term   ‘‘relevant   committees   of   Congress’’
 7      means—
 8                    (A) the Committee on Commerce, Science,
 9             and Transportation of the Senate;
10                    (B) the Committee on Appropriations of
11             the Senate;
12                    (C) the Committee on Finance of the Sen-
13             ate;
14                    (D) the Committee on Homeland Security
15             and Governmental Affairs of the Senate;
16                    (E) the Committee on Armed Services of
17             the Senate;
18                    (F) the Committee on Energy and Natural
19             Resources of the Senate;
20                    (G) the Select Committee on Intelligence of
21             the Senate;
22                    (H) the Committee on Science, Space, and
23             Technology of the House of Representatives;
24                    (I) the Committee on Energy and Com-
25             merce of the House of Representatives;


     † S 1260 ES
                               358
 1                  (J) the Committee on Appropriations of
 2             the House of Representatives;
 3                  (K) the Committee on Ways and Means of
 4             the House of Representatives;
 5                  (L) the Committee on Homeland Security
 6             of the House of Representatives;
 7                  (M) the Committee on Armed Services of
 8             the House of Representatives; and
 9                  (N) the Permanent Select Committee on
10             Intelligence of the House of Representatives.
11             (7) SECRETARY.—The term ‘‘Secretary’’ means
12      the Secretary of Commerce.
13             (8) SUPPLY CHAIN INFORMATION.—The term
14      ‘‘supply chain information’’ means information that
15      is not customarily in the public domain and relating
16      to—
17                  (A) sustaining and adapting supply chains
18             during a supply chain shock, including pan-
19             demic and biological threats, cyberattacks, ex-
20             treme weather events, terrorist and geopolitical
21             attacks, great power conflict, and other threats
22             to national security;
23                  (B) the development of supply chain risk
24             mitigation and recovery planning with respect
25             to a supply chain shock, including any planned


     † S 1260 ES
                                359
 1              or past assessment, projection, or estimate of a
 2              vulnerability within the supply chain, including
 3              testing, supplier network assessments, produc-
 4              tion flexibility, risk evaluations thereto, risk
 5              management planning, or risk audits; or
 6                  (C) operational best practices, planning,
 7              and supplier partnerships that enable enhanced
 8              supply chain resilience during a supply chain
 9              shock, including response, repair, recovery, re-
10              construction, insurance, or continuity.
11       (b) ESTABLISHMENT.—The Secretary shall establish
12 in the Department of Commerce a supply chain resiliency
13 and crisis response program to carry out the activities de-
14 scribed in subsection (d).
15       (c) MISSION.—The mission of the program shall be
16 to—
17              (1) help to promote the leadership of the
18       United States with respect to critical industries that
19       are essential to the mid-term and long-term national
20       security of the United States; and
21              (2) encourage partnerships between the Federal
22       Government and industry, labor organizations, and
23       State, local, territorial, and Tribal governments in
24       order to—
25                  (A) promote resilient supply chains; and


      † S 1260 ES
                                 360
 1                  (B) respond to critical industry supply
 2             chain shocks.
 3      (d) ACTIVITIES.—Under the program, the Secretary,
 4 acting through 1 or more bureaus or other divisions of
 5 the Department of Commerce as appropriate, shall carry
 6 out activities—
 7             (1) in coordination with the private sector, to—
 8                  (A) map and monitor critical industry sup-
 9             ply chains; and
10                  (B) identify high priority supply chain
11             gaps and vulnerabilities in critical industries
12             that—
13                       (i) exist as of the date of enactment
14                  of this division; or
15                       (ii) are anticipated in the future;
16             (2) in coordination with the private sector and
17      State, local, territorial, and Tribal governments, and
18      as appropriate, in cooperation with the governments
19      of countries that are allies or key international part-
20      ners of the United States, to—
21                  (A) identify opportunities to reduce supply
22             chain gaps and vulnerabilities in critical indus-
23             tries;
24                  (B) encourage partnerships between the
25             Federal Government and industry, labor organi-


     † S 1260 ES
                                 361
1              zations, and State, local, territorial, and Tribal
2              governments to better respond to supply chain
3              shocks to critical industries and coordinate re-
4              sponse efforts;
5                    (C) develop or identify opportunities to
6              build the capacity of the United States, or
7              countries that are allies of the United States, in
8              critical industries; and
9                    (D) develop contingency plans and coordi-
10             nation mechanisms to improve critical industry
11             supply chain response to supply chain shocks;
12             and
13             (3) acting within existing authorities of the De-
14      partment of Commerce and in coordination with the
15      Secretary of State and the United States Trade
16      Representative, to—
17                   (A) work with governments of countries
18             that are allies or partners of the United States
19             to promote diversified and resilient supply
20             chains that ensure the supply of critical goods
21             to both the United States and companies of
22             countries that are allies of the United States;
23             and
24                   (B) coordinate with other divisions of the
25             Department of Commerce and other Federal


     † S 1260 ES
                              362
 1             agencies to leverage existing authorities, as of
 2             the date of enactment of this division, to en-
 3             courage resilient supply chains.
 4      (e) COORDINATION GROUP.—In carrying out the ac-
 5 tivities under subsection (d), the Secretary may—
 6             (1) establish a unified coordination group,
 7      which may include private sector partners, as appro-
 8      priate, to serve as the primary method for coordi-
 9      nating between and among Federal agencies to plan
10      for supply chain shocks;
11             (2) establish subgroups of the unified coordina-
12      tion group established under paragraph (1) led by
13      the head of an appropriate Federal agency;
14             (3) through the unified coordination group es-
15      tablished under paragraph (1)—
16                 (A) acquire on a voluntary basis technical,
17             engineering, and operational supply chain infor-
18             mation from the private sector, in a manner
19             that ensures any supply chain information pro-
20             vided by the private sector is kept confidential
21             and as required under section 552 of title 5,
22             United States Code (commonly known as the
23             ‘‘Freedom of Information Act)’’;
24                 (B) study the supply chain information ac-
25             quired under subparagraph (A) to assess crit-


     † S 1260 ES
                               363
 1              ical industry supply chain resilience and inform
 2              planning;
 3                  (C) convene with relevant private sector
 4              entities to share best practices, planning, and
 5              capabilities to response to potential supply
 6              chain shocks; and
 7                  (D) develop contingency plans and coordi-
 8              nation mechanisms to ensure an effective and
 9              coordinated response to potential supply chain
10              shocks; and
11              (4) enter into agreements with governments of
12       countries that are allies or partners of the United
13       States relating to enhancing critical industry supply
14       chain security and resilience in response to supply
15       chain shocks.
16       (f) REPORT ON SUPPLY CHAIN RESILIENCY AND DO-
17   MESTIC MANUFACTURING.—

18              (1) IN GENERAL.—Not later than 1 year after
19       the date of enactment of this division, and from time
20       to time thereafter, the Secretary, in coordination
21       with relevant Federal agencies and relevant private
22       sector entities, labor organizations, and State, local,
23       territorial, and Tribal governments, shall submit to
24       the relevant committees of Congress a review that—
25                  (A) identifies—


      † S 1260 ES
                               364
 1                       (i) industries that are critical for the
 2                 national security of the United States, con-
 3                 sidering the key technology focus areas
 4                 under this division and critical infrastruc-
 5                 ture; and
 6                       (ii) supplies that are critical to the
 7                 crisis preparedness of the United States;
 8                 (B) describes—
 9                       (i) the manufacturing base and supply
10                 chains for critical industries in the United
11                 States as of the date of enactment of this
12                 division, including the manufacturing base
13                 and supply chains for—
14                             (I) raw materials;
15                             (II) production equipment; and
16                             (III) other goods, including semi-
17                       conductors, that are essential to the
18                       production of technologies and sup-
19                       plies for critical industries; and
20                       (ii) the ability of the United States
21                 to—
22                             (I) maintain readiness; and
23                             (II) in response to a supply chain
24                       shock—




     † S 1260 ES
                               365
 1                                   (aa) surge production in
 2                            critical industries; and
 3                                   (bb) maintain access to crit-
 4                            ical goods and services;
 5                  (C) identifies defense, intelligence, home-
 6             land, economic, domestic labor supply, natural,
 7             geopolitical, or other contingencies that may
 8             disrupt, strain, compromise, or eliminate the
 9             supply chain for those critical industries;
10                  (D) assesses—
11                        (i) the resiliency and capacity of the
12                  manufacturing base, supply chains, and
13                  workforce of the United States, the allies
14                  of the United States, and the partners of
15                  the United States that can sustain critical
16                  industries through a supply chain shock;
17                  and
18                        (ii) any single points of failure in the
19                  supply chains described in clause (i);
20                  (E) assesses the flexible manufacturing ca-
21             pacity and capabilities available in the United
22             States in the case of an emergency;
23                  (F) makes specific recommendations to im-
24             prove the security and resiliency of manufac-




     † S 1260 ES
                                366
1              turing capacity and supply chains for critical
2              industries by—
3                       (i) developing long-term strategies;
4                       (ii) increasing visibility into the net-
5                  works and capabilities of suppliers;
6                       (iii) identifying industry best prac-
7                  tices;
8                       (iv) evaluating how diverse supplier
9                  networks, multi-platform and multi-region
10                 production capabilities and sources, and in-
11                 tegrated global and regional supply chains
12                 can enhance the resilience of—
13                          (I) critical industries in the
14                      United States;
15                          (II) jobs in the United States;
16                          (III) capabilities of the United
17                      States; and
18                          (IV) the support access of the
19                      United States to needed goods and
20                      services during a supply chain shock;
21                      (v) identifying and mitigating risks,
22                 including—
23                          (I) the financial and operational
24                      risks of a supply chain after a supply
25                      chain shock;


     † S 1260 ES
                                367
 1                             (II) significant vulnerabilities to
 2                         extreme weather events, cyberattacks,
 3                         pandemic and biological threats, ter-
 4                         rorist and geopolitical attacks, and
 5                         other emergencies; and
 6                             (III)     exposure    to    gaps   and
 7                         vulnerabilities in—
 8                                     (aa) domestic capacity or ca-
 9                             pabilities; and
10                                     (bb)   sources     of   imports
11                             needed to sustain critical indus-
12                             tries;
13                         (vi) identifying enterprise resource
14                 planning systems that are—
15                             (I)      compatible   across     supply
16                         chain tiers; and
17                             (II) affordable for small and me-
18                         dium-sized businesses;
19                         (vii) understanding the total cost of
20                 ownership, total value contribution, and
21                 other best practices that encourage stra-
22                 tegic     partnerships      throughout       supply
23                 chains;
24                         (viii) understanding Federal procure-
25                 ment opportunities to increase resiliency of


     † S 1260 ES
                                 368
1                   supply chains for goods and services and
2                   fill gaps in domestic purchasing;
3                        (ix) identifying policies that maximize
4                   job retention and creation in the United
5                   States, including workforce development
6                   programs;
7                        (x) identifying opportunities to work
8                   with allies or key partners of the United
9                   States in building more resilient critical in-
10                  dustry supply chains and mitigating risks;
11                       (xi) identifying areas requiring further
12                  investment in research and development or
13                  workforce education; and
14                       (xii) identifying such other services as
15                  the Secretary determines necessary;
16                  (G) provides guidance to the Department
17             of Commerce, the National Science Foundation,
18             and other relevant Federal agencies with re-
19             spect to technologies and supplies that should
20             be prioritized;
21                  (H) with respect to countries that are al-
22             lies or key partners of the United States—
23                       (i) reviews and, if appropriate, pro-
24                  vides recommendations for expanding the




     † S 1260 ES
                                 369
1                      sourcing of goods associated with critical
2                      industries from those countries; and
3                          (ii) recommends coordination with
4                      those countries on—
5                               (I) sourcing critical raw mate-
6                          rials, inputs, and products; and
7                               (II) sustaining production and
8                          availability of critical supplies during
9                          a supply chain shock;
10                     (I) monitors and makes recommendations
11             for strengthening the financial and operational
12             health of small and medium-sized businesses in
13             supply chains of the United States and coun-
14             tries that are allies or partners of the United
15             States to mitigate risks and ensure diverse and
16             competitive supplier markets that are less vul-
17             nerable to single points of failure; and
18                     (J) assessment of policies, rules, and regu-
19             lations that impact domestic manufacturing op-
20             erating costs and inhibit the ability for domestic
21             manufacturing to compete with global competi-
22             tors.
23             (2) PROHIBITION.—The report submitted under
24      paragraph (1) may not include—




     † S 1260 ES
                                 370
 1                   (A) supply chain information that is not
 2              aggregated; or
 3                   (B) confidential business information of a
 4              private sector entity.
 5       (g) SEMICONDUCTOR INCENTIVES.—
 6              (1) IN GENERAL.—The Secretary shall carry
 7       out the program established under section 9902 of
 8       the William M. (Mac) Thornberry National Defense
 9       Authorization Act for Fiscal Year 2021 (Public Law
10       116–283) as part of the program.
11              (2) TECHNICAL       AND   CONFORMING   AMEND-

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

13       Thornberry National Defense Authorization Act for
14       Fiscal Year 2021 (Public Law 116–283) is amended
15       by striking ‘‘in the Department of Commerce’’ and
16       inserting ‘‘as part of the program established under
17       section 2505 of the Endless Frontier Act’’.
18       (h) REPORT TO CONGRESS.—Concurrent with the an-
19 nual submission by the President of the budget under sec-
20 tion 1105 of title 31, United States Code, the Secretary
21 shall submit to the relevant committees of Congress a re-
22 port that contains a summary of every activity carried out
23 under this section during the year covered by the report.
24       (i) COORDINATION.—




      † S 1260 ES
                             371
 1             (1) IN GENERAL.—In implementing the pro-
 2      gram, the Secretary shall, as appropriate coordinate
 3      with—
 4                 (A) the heads of Federal agencies, includ-
 5             ing—
 6                      (i) the Secretary of State; and
 7                      (ii) the United States Trade Rep-
 8                 resentative; and
 9                 (B) the Attorney General and the Federal
10             Trade Commission with respect to—
11                      (i) advice on the design and activities
12                 of the unified coordination group described
13                 in subsection (e)(1); and
14                      (ii) ensuring compliance with Federal
15                 antitrust law.
16             (2) SPECIFIC COORDINATION.—In implementing
17      the program, with respect to supply chains involving
18      specific sectors, the Secretary shall, as appropriate,
19      coordinate with—
20                 (A) the Secretary of Defense;
21                 (B) the Secretary of Homeland Security;
22                 (C) the Secretary of the Treasury;
23                 (D) the Secretary of Energy;
24                 (E) the Secretary of Transportation;
25                 (F) the Secretary of Agriculture;


     † S 1260 ES
                                372
 1                    (G) the Director of National Intelligence;
 2              and
 3                    (H) the heads of other relevant agencies.
 4       (j) RULE OF CONSTRUCTION.—Nothing in this sec-
 5 tion shall be construed to require any private entity—
 6              (1) to share information with the Secretary;
 7              (2) to request assistance from the Secretary; or
 8              (3) that requests assistance from the Secretary
 9       to implement any measure or recommendation sug-
10       gested by the Secretary.
11       (k) PROTECTIONS.—
12              (1) IN GENERAL.—
13                    (A)   PROTECTIONS.—Subsections       (a)(1),
14              (b), (c), and (d) of section 2224 of the Home-
15              land Security Act of 2002 (6 U.S.C. 673) shall
16              apply to the voluntary submission of supply
17              chain information by a private entity under this
18              section in the same manner as those provisions
19              apply to critical infrastructure information vol-
20              untarily submitted to a covered agency for an
21              other informational purpose under that sub-
22              section if the voluntary submission is accom-
23              panied by an express statement described in
24              paragraph (2) of this subsection; and




      † S 1260 ES
                                 373
 1                 (B) REFERENCES.—For the purpose of
 2             this subsection, with respect to section 2224 of
 3             the Homeland Security Act of 2002 (6 U.S.C.
 4             673)—
 5                         (i) the express statement described in
 6                 subsection (a)(1) of that section shall be
 7                 deemed to refer to the express statement
 8                 described in paragraph (2) of this sub-
 9                 section;
10                         (ii) references in the subsections de-
11                 scribed in subparagraph (A) to ‘‘this sub-
12                 title’’ shall be deemed to refer to this sec-
13                 tion;
14                         (iii) the reference to ‘‘protecting crit-
15                 ical infrastructure or protected systems’’ in
16                 subsection (a)(1)(E)(iii) of that section
17                 shall be deemed to refer to carrying out
18                 this section; and
19                         (iv) the reference to ‘‘critical infra-
20                 structure information’’ in subsections (b)
21                 and (c) of that section shall be deemed to
22                 refer to supply chain information.
23             (2) EXPRESS STATEMENT.—The express state-
24      ment described in this paragraph, with respect to in-
25      formation or records, is—


     † S 1260 ES
                                  374
 1                      (A) in the case of written information or
 2              records, a written marking on the information
 3              or records substantially similar to the following:
 4              ‘‘This information is voluntarily submitted to
 5              the Federal Government in expectation of pro-
 6              tection from disclosure as provided by the provi-
 7              sions of section 2505 of the Endless Frontier
 8              Act.’’; or
 9                      (B) in the case of oral information, a writ-
10              ten statement similar to the statement de-
11              scribed in subparagraph (A) submitted within a
12              reasonable period following the oral communica-
13              tion.
14              (3) INAPPLICABILITY TO SEMICONDUCTOR IN-
15       CENTIVE PROGRAM.—This subsection shall not apply

16       to the voluntary submission of supply chain informa-
17       tion by a private entity in an application for Federal
18       financial assistance under section 9902 of the Wil-
19       liam M. (Mac) Thornberry National Defense Author-
20       ization Act for Fiscal Year 2021 (Public Law 116–
21       283).
22       (l) DETERMINATION RELATED TO OPTICAL TRANS-
23   MISSION EQUIPMENT.—

24              (1) PROCEEDING.—Not later than 45 days
25       after the date of enactment of this division , the Sec-


      † S 1260 ES
                             375
 1       retary of Commerce shall commence a process to
 2       make a determination for purposes of sect ion 2 of
 3       the Secure and Trusted Communications Networks
 4       Act of 2019 (47 U.S.C. 1601) whether optical trans-
 5       mission equipment manufactured, produced, or dis-
 6       tributed by an entity owned, controlled, or supported
 7       by the People’s Republic of China poses an unac-
 8       ceptable risk to the national security of the United
 9       States or the security and safety of United States
10       persons.
11              (2) COMMUNICATION OF DETERMINATION.—If
12       the Secretary determines pursuant to paragraph (1)
13       that such optical transmission equipment poses an
14       unacceptable risk consistent with that paragraph,
15       the Secretary shall immediately transmit that deter-
16       mination to the Federal Communications Commis-
17       sion consistent with section 2 of the Secure and
18       Trusted Communications Networks Act of 2019 (47
19       U.S.C. 1601).
20   SEC. 2506. SEMICONDUCTOR INCENTIVES.

21       (a) DEFINITIONS.—Section 9901 of the William M.
22 (Mac) Thornberry National Defense Authorization Act for
23 Fiscal Year 2021 (Public Law 116–283) is amended—




      † S 1260 ES
                             376
1              (1) by redesignating paragraphs (4), (5), (6),
2       (7), (8), and (9) as paragraphs (5), (6), (7), (8),
3       (10), and (11), respectively;
4              (2) by inserting after paragraph (3) the fol-
5       lowing:
6              ‘‘(4) The term ‘critical manufacturing indus-
7       try’—
8                  ‘‘(A) means an industry—
9                       ‘‘(i) that is assigned a North Amer-
10                 ican Industry Classification System code
11                 beginning with 31, 32, or 33; and
12                      ‘‘(ii) for which the industry compo-
13                 nents that are assigned a North American
14                 Industry Classification System code begin-
15                 ning with the same 4 digits as the indus-
16                 try—
17                          ‘‘(I) manufacture primary prod-
18                      ucts and parts, the sum of which ac-
19                      count for not less than 5 percent of
20                      the manufacturing value added by in-
21                      dustry gross domestic product of the
22                      United States; and
23                          ‘‘(II) employ individuals for pri-
24                      mary products and parts manufac-
25                      turing activities that, combined, ac-


     † S 1260 ES
                                 377
 1                          count for not less than 5 percent of
 2                          manufacturing employment in the
 3                          United States; and
 4                  ‘‘(B) may include any other manufacturing
 5             industry designated by the Secretary based on
 6             the relevance of the manufacturing industry to
 7             the national and economic security of the
 8             United States, including the impacts of job
 9             losses.’’;
10             (3) by inserting after paragraph (8), as so re-
11      designated, the following:
12             ‘‘(9) The term ‘mature technology node’ has the
13      meaning given the term by the Secretary.’’.
14      (b) SEMICONDUCTOR PROGRAM.—Section 9902 of
15 the William M. (Mac) Thornberry National Defense Au-
16 thorization Act for Fiscal Year 2021 (Public Law 116–
17 283) is amended—
18             (1) in subsection (a)(2)—
19                  (A) in subparagraph (B)(ii)—
20                          (i) in subclause (III), by striking
21                  ‘‘and’’ at the end;
22                          (ii) in subclause (IV), by striking the
23                  period at the end and inserting ‘‘and’’; and
24                          (iii) by adding at the end the fol-
25                  lowing:


     † S 1260 ES
                                378
 1                              ‘‘(V) determined—
 2                                    ‘‘(aa) the type of semicon-
 3                              ductor technology the covered en-
 4                              tity will produce at the facility
 5                              described in clause (i); and
 6                                    ‘‘(bb)   the   customers   to
 7                              which the covered entity plans to
 8                              sell the semiconductor technology
 9                              described in item (aa).’’;
10                 (B) in subparagraph (C)—
11                      (i) in clause (i)—
12                              (I) in subclause (II), by striking
13                      ‘‘is in the interest of the United
14                      States’’ and inserting ‘‘is in the eco-
15                      nomic and national security interests
16                      of the United States’’; and
17                              (II) in subclause (III), by strik-
18                      ing ‘‘and’’ at the end;
19                      (ii) in clause (ii)(IV), by striking
20                 ‘‘and’’ at the end;
21                      (iii) by redesignating clause (iii) as
22                 clause (iv); and
23                      (iv) by inserting after clause (ii) the
24                 following:




     † S 1260 ES
                                379
 1                       ‘‘(iii) the Secretary shall consider the
 2                  type of semiconductor technology produced
 3                  by the covered entity and whether that
 4                  semiconductor technology advances the
 5                  economic and national security interests of
 6                  the United States; and’’;
 7                  (C) by redesignating subparagraph (D) as
 8             subparagraph (E); 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




     † S 1260 ES
                               380
 1                   States and other essential elements of the
 2                   economy of the United States.’’; and
 3              (2) by adding at the end the following:
 4       ‘‘(d) SENSE OF CONGRESS.—It is the sense of Con-
 5 gress that, in carrying out subsection (a), the Secretary
 6 should allocate funds in a manner that—
 7              ‘‘(1) strengthens the security and resilience of
 8       the semiconductor supply chain, including by miti-
 9       gating gaps and vulnerabilities;
10              ‘‘(2) provides a supply of secure semiconductors
11       relevant for national security;
12              ‘‘(3) strengthens the leadership of the United
13       States in semiconductor technology;
14              ‘‘(4) grows the economy of the United States
15       and supports job creation in the United States; and
16              ‘‘(5) improves the resiliency of the semicon-
17       ductor supply chains of critical manufacturing in-
18       dustries.
19       ‘‘(e) ADDITIONAL ASSISTANCE FOR MATURE TECH-
20   NOLOGY NODES.—

21              ‘‘(1) IN GENERAL.—The Secretary shall estab-
22       lish within the program established under subsection
23       (a) an additional program that provides Federal fi-
24       nancial assistance to covered entities to incentivize
25       investment in facilities and equipment in the United


      † S 1260 ES
                              381
 1      States for the fabrication, assembly, testing, or ad-
 2      vanced packaging of semiconductors at mature tech-
 3      nology nodes.
 4             ‘‘(2) ELIGIBILITY    AND     REQUIREMENTS.—In

 5      order for an entity to qualify to receive Federal fi-
 6      nancial assistance under this subsection, the covered
 7      entity shall—
 8                 ‘‘(A) submit an application under sub-
 9             section (a)(2)(A);
10                 ‘‘(B) meet the eligibility requirements
11             under subsection (a)(2)(B);
12                 ‘‘(C)(i) provide equipment or materials for
13             the fabrication, assembly, testing, or advanced
14             packaging of semiconductors at mature tech-
15             nology nodes in the United States; or
16                 ‘‘(ii) fabricate, assemble using advanced
17             packaging, or test semiconductors at mature
18             technology nodes in the United States;
19                 ‘‘(D) commit to using any Federal finan-
20             cial assistance received under this section to in-
21             crease the production of semiconductors at ma-
22             ture technology nodes; and
23                 ‘‘(E) be subject to the considerations de-
24             scribed in subsection (a)(2)(C).




     † S 1260 ES
                             382
 1             ‘‘(3) PROCEDURES.—In granting Federal finan-
 2      cial assistance to covered entities under this sub-
 3      section, the Secretary may use the procedures estab-
 4      lished under subsection (a).
 5             ‘‘(4) CONSIDERATIONS.—In addition to the con-
 6      siderations described in subsection (a)(2)(C), in
 7      granting Federal financial assistance under this sec-
 8      tion, the Secretary may consider whether a covered
 9      entity produces or supplies equipment or materials
10      used in the fabrication, assembly, testing, or ad-
11      vanced packaging of semiconductors at mature tech-
12      nology nodes that are necessary to support a critical
13      manufacturing industry.
14             ‘‘(5) PRIORITY.—In awarding Federal financial
15      assistance to covered entities under this subsection,
16      the Secretary shall give priority to covered entities
17      that support the resiliency of semiconductor supply
18      chains for critical manufacturing industries in the
19      United States.
20             ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—
21      There are authorized to be appropriated to the Sec-
22      retary to carry out this subsection $2,000,000,000,
23      which shall remain available until expended.
24      ‘‘(f) CONSTRUCTION PROJECTS.—Section 602 of the
25 Public Works and Economic Development Act of 1965 (42


     † S 1260 ES
                               383
 1 U.S.C. 3212) shall apply to a construction project that
 2 receives financial assistance from the Secretary under this
 3 section.’’.
 4       (c) ADVANCED MICROELECTRONICS RESEARCH AND
 5 DEVELOPMENT.—Section 9906 of the William M. (Mac)
 6 Thornberry National Defense Authorization Act for Fiscal
 7 Year 2021 (Public Law 116–283) is amended by adding
 8 at the end the following:
 9       ‘‘(h) INFRASTRUCTURE GRANTS.—Section 602 of the
10 Public Works and Economic Development Act of 1965 (42
11 U.S.C. 3212) shall apply to a construction project that
12 receives financial assistance from the Secretary under this
13 section.’’.
14   SEC. 2507. RESEARCH INVESTMENT TO SPARK THE ECON-

15                  OMY ACT.

16       (a) DEFINITIONS.—In this section:
17               (1) AWARD.—The term ‘‘award’’ includes a
18       grant, cooperative agreement, or other financial as-
19       sistance.
20               (2) COVID–19 PUBLIC HEALTH EMERGENCY.—
21       The term ‘‘COVID–19 public health emergency’’
22       means the public health emergency declared by the
23       Secretary of Health and Human Services under sec-
24       tion 319 of the Public Health Service Act (42




      † S 1260 ES
                               384
 1       U.S.C. 247d) on January 31, 2020, with respect to
 2       the Coronavirus Disease 2019 (COVID–19).
 3              (3) RESEARCH INSTITUTION.—The term ‘‘re-
 4       search institution’’ means the following:
 5                  (A) An institution of higher education (as
 6              defined in section 101(a) of the Higher Edu-
 7              cation Act of 1965 (20 U.S.C. 1001(a))).
 8                  (B) A Tribal College or University (as de-
 9              fined in section 316 of the Higher Education
10              Act of 1965 (20 U.S.C. 1059c)).
11                  (C) A nonprofit entity that conducts Fed-
12              erally funded research.
13              (4) RESEARCH LABORATORY.—The term ‘‘Re-
14       search Laboratory’’ means the following:
15                  (A) A National Laboratory (as defined in
16              section 2 of the Energy Policy Act of 2005 (42
17              U.S.C. 15801)).
18                  (B) A Federally Funded Research and De-
19              velopment Center for purposes of section
20              35.017 of title 48, Code of Federal Regulations,
21              or a successor regulation.
22       (b) AWARD AND MODIFICATION OF GRANTS, COOP-
23   ERATIVE AGREEMENTS AND OTHER FINANCIAL ASSIST-

24   ANCE FOR INSTITUTIONS OF HIGHER EDUCATION, RE-

25   SEARCH LABORATORIES, AND OTHER RESEARCH INSTI-



      † S 1260 ES
                                  385
 1   TUTIONS TO ADDRESS MATTERS RELATING TO DISRUP-

2    TION CAUSED BY COVID–19.—

 3              (1) IN   GENERAL.—Each        officer specified in
 4       paragraph (2) may exercise the authorities described
 5       in paragraph (3).
 6              (2) OFFICERS.—The officers specified in this
 7       paragraph are as follows:
 8                   (A) The Secretary of Commerce, acting
 9              through the Administrator of the National Oce-
10              anic and Atmospheric Administration and the
11              Director of the National Institute of Standards
12              and Technology.
13                   (B) The Secretary of Agriculture.
14                   (C) The Secretary of Defense.
15                   (D) The Secretary of Education.
16                   (E) The Secretary of Energy, acting for
17              the Department of Energy (with respect to En-
18              ergy Efficiency and Renewable Energy, Nuclear
19              Energy, and Fossil Research and Development)
20              and through the Office of Science, the Ad-
21              vanced    Research      Projects   Agency–Energy
22              (ARPA–E), and the Office of Electricity.
23                   (F) The Secretary of Interior, acting
24              through the Director of the United States Geo-
25              logical Survey.


      † S 1260 ES
                               386
 1                   (G) The Secretary of Health and Human
 2             Services, acting through the Director of the Na-
 3             tional Institutes of Health.
 4                   (H) The Secretary of Transportation.
 5                   (I) The Administrator of the National Aer-
 6             onautics and Space Administration.
 7                   (J) The Administrator of the Environ-
 8             mental Protection Agency.
 9                   (K) The Director of the National Science
10             Foundation.
11             (3) AUTHORITIES.—The officers specified in
12      paragraph (2) may—
13                   (A) provide supplemental funding to ex-
14             tend the duration of an award disrupted be-
15             cause of the COVID–19 public health emer-
16             gency to a research institution, Research Lab-
17             oratory, or individual that was awarded before
18             the date of the enactment of this division, or to
19             expand the purposes of such an award, in order
20             to—
21                       (i) enable a postsecondary student or
22                   post-doctoral researcher to complete work;
23                       (ii) enable research scientists, tech-
24                   nical staff, research associates, and prin-
25                   cipal investigators to complete work;


     † S 1260 ES
                             387
 1                     (iii) extend the training of a postsec-
 2                 ondary student, or the employment of a
 3                 post-doctoral researcher, on an ongoing re-
 4                 search project for up to 2 years because of
 5                 the disruption of the job market;
 6                     (iv) create research opportunities for
 7                 up to 2 years for graduate students and
 8                 post-doctoral researchers;
 9                     (v) replace, refurbish, or otherwise
10                 make usable laboratory animals, reagents,
11                 equipment, or other items required for re-
12                 search;
13                     (vi) facilitate other research (including
14                 field work), training, and ongoing con-
15                 struction activities, including at institu-
16                 tions that are disproportionately affected
17                 by the COVID–19 public health emergency
18                 (such as minority-serving institutions and
19                 2-year institutions of higher education);
20                     (vii) enable experimental field cam-
21                 paigns and maintenance of field infrastruc-
22                 ture, including through replacement of dis-
23                 rupted experimental data to enable comple-
24                 tion of impacted research; and




     † S 1260 ES
                              388
 1                       (viii) support training in online course
 2                 delivery and virtual research experiences
 3                 that will improve quality and access needed
 4                 to continue undergraduate, graduate, and
 5                 post-doctoral training;
 6                 (B) issue awards to research institutions,
 7             Research Laboratories, or other individuals to
 8             conduct   research   on   the   effects   of   the
 9             Coronavirus Disease 2019 and future potential
10             pandemics, on the effects and effectiveness of
11             responses to such diseases, and on improving
12             the prediction of the possible courses of such
13             pandemics; and
14                 (C) provide flexibility on an award for
15             funds made available to an agency, by any prior
16             or subsequent Act, by modifying the terms and
17             conditions of the award with a research institu-
18             tion, Research Laboratory, or individual due to
19             facility closures or other limitations during the
20             COVID–19 public health emergency.
21             (4) MODIFICATIONS.—The modifications au-
22      thorized by paragraph (3)(C) include, but are not
23      limited to—




     † S 1260 ES
                               389
 1                    (A) the provision of supplemental funding
 2              to extend the duration of the award concerned;
 3              and
 4                    (B) flexibility on the allowable expenses
 5              under such award.
 6       (c) PROCEDURES.—The officers specified in sub-
 7 section (b)(2) shall each establish procedures to carry out
 8 subsection (b).
 9       (d) EXPEDITED AWARDS.—Awards under subsection
10 (b) shall be issued as expeditiously as possible.
11   SEC. 2508. OFFICE OF MANUFACTURING AND INDUSTRIAL

12                  INNOVATION POLICY.

13       (a) FINDINGS.—Congress finds the following:
14              (1) The general welfare, security, and economic
15       health and stability of the United States require a
16       long-term, substantial, coordinated, and multidisci-
17       plinary strategy and implementation of cohesive ob-
18       jectives to remain at the forefront of industrial inno-
19       vation.
20              (2) The large and complex innovative and tech-
21       nological capabilities of global supply chains and
22       manufacturing economies, which influence the course
23       of national and international manufacturing and in-
24       novative relevance, require appropriate attention, in-
25       cluding long-range inclusive planning and more im-


      † S 1260 ES
                                390
 1      mediate program development, to encourage and
 2      support private manufacturing growth in the United
 3      States and participation in the public decision-mak-
 4      ing process.
 5             (3) The innovative and manufacturing capabili-
 6      ties of business in the United States, when properly
 7      fostered, applied, and supported, can effectively as-
 8      sist in improving the quality of life for people in the
 9      United States, in anticipating and addressing emerg-
10      ing international, national, and local problems, and
11      strengthening the international economic engage-
12      ment and pioneering leadership of the United States.
13             (4) Just as Federal funding for science and
14      technology represents an investment in the future,
15      strategically addressing gaps in the innovation pipe-
16      line of the United States would—
17                 (A) contribute to converting research and
18             development investments into high-value, qual-
19             ity job-creating product production and capture
20             domestic and global markets; and
21                 (B) strengthen the economic posture of the
22             United States.
23             (5) The capabilities of the United States at
24      both the Federal and State levels need enhanced
25      strategic planning and influence over policy formula-


     † S 1260 ES
                               391
1       tion for industrial innovation and technology devel-
2       opment, as well as a means to ensure an adequate
3       workforce.
4       (b) SENSE OF CONGRESS.—
 5             (1) PRIORITY GOALS.—It is the sense of Con-
 6      gress that manufacturing and industrial innovation
 7      should include contributing to the following priority
 8      goals:
 9                  (A) Taking concrete national action to re-
10             build, restore, and expand domestic manufac-
11             turing capabilities, skills, and production capac-
12             ity, including world-class infrastructure.
13                  (B) Rebuilding the industrial innovation
14             commons, including common resources, tech-
15             nical knowledge, and entrepreneurial opportuni-
16             ties associated with technical concepts.
17                  (C) Supporting domestic supply chains.
18                  (D) Expanding production capabilities, co-
19             operation, and knowledge.
20                  (E) Revitalizing communities harmed by
21             historical and poorly conceived, implemented,
22             and enforced regulatory and trade policies.
23                  (F) Developing a strategy for innovation
24             and establishment of manufacturing industries
25             of the future, including adoption and produc-


     † S 1260 ES
                               392
1              tion of Industry 4.0 technology to support do-
2              mestic economic expansion, particularly manu-
3              facturers with fewer than 800 employees, and
4              in traditionally underserved communities.
5                   (G) Contributing to national health and se-
6              curity and emergency readiness and resilience,
7              including addressing environmental concerns.
8                   (H) Strengthening the economy of the
9              United States and promoting full employment
10             in high-quality, high-wage jobs through useful
11             industrial and technological innovation.
12                  (I) Cultivating, utilizing, and enhancing
13             academic and industrial thought-leadership with
14             practical workforce development and training to
15             the fullest extent possible.
16                  (J) Implementing a national strategy that
17             identifies and prioritizes high growth, high
18             value-added industries, products, and compo-
19             nents of national importance to the long-term
20             economic, environmental, national security, and
21             public health of the United States.
22             (2) NATIONAL POLICY.—In view of the findings
23      under subsection (a), it is the sense of Congress that
24      the Federal Government and public and private in-
25      stitutions in the United States should pursue a na-


     † S 1260 ES
                                     393
 1      tional policy of manufacturing and industrial innova-
 2      tion that includes the following principles:
 3                    (A) Ensuring global leadership in advanced
 4             manufacturing technologies critical to the long-
 5             term     economic,          environmental,   and   public
 6             health of the United States, and to the long-
 7             term national security of the United States.
 8                    (B) Restoring and strengthening the in-
 9             dustrial commons of the United States, includ-
10             ing—
11                         (i) essential engineering and produc-
12                    tion skills;
13                         (ii) infrastructure for research and de-
14                    velopment, standardization, and metrology;
15                         (iii) process innovations and manufac-
16                    turing know-how;
17                         (iv) equipment; and
18                         (v) suppliers that provide the founda-
19                    tion for the innovativeness and competi-
20                    tiveness of all manufacturers in the United
21                    States.
22                    (C) Strengthening the technical, financial,
23             and educational commons and assets necessary
24             to ensure that the United States is the best po-
25             sitioned nation for the creation and production


     † S 1260 ES
                              394
1              of advanced technologies and products emerging
2              from national research and development invest-
3              ments.
4                  (D) Capitalizing on the scientific and tech-
5              nological advances produced by researchers and
6              innovators in the United States by developing
7              capable and responsive institutions focused on
8              advancing the technology and manufacturing
9              readiness levels of those advances.
10                 (E) Supporting the discovery, invention,
11             start-up, ramp-up, scale-up, and transition of
12             new products and manufacturing technologies
13             to full-scale production in the United States.
14                 (F) Addressing the evolving needs of man-
15             ufacturers for a diverse set of workers with the
16             necessary skills, training, and expertise as man-
17             ufacturers in the United States increase high-
18             quality, high-wage employment opportunities.
19                 (G) Improving and expanding manufac-
20             turing engineering and technology offerings
21             within institutions of higher education, includ-
22             ing 4-year engineering technology programs at
23             polytechnic institutes and secondary schools, to
24             be more closely aligned with the needs of manu-
25             facturers in the United States and the goal of


     † S 1260 ES
                                395
1              strengthening the long-term competitiveness of
2              such manufacturing.
3                  (H) Working collaboratively with Federal
4              agencies, State and local governments, Tribal
5              governments, regional authorities, institutions
6              of higher education, economic development or-
7              ganizations, and labor organizations that pri-
8              marily represent workers in manufacturing to
9              leverage their knowledge, resources, applied re-
10             search, experimental development, and pro-
11             grams to foster manufacturing in the United
12             States so as to anticipate and prepare for emer-
13             gencies and global, national, and regional sup-
14             ply chain disruptions, including disruptions
15             brought on and exacerbated by changing envi-
16             ronmental and other circumstances.
17                 (I) Recognizing that, as changing cir-
18             cumstances require the periodic revision and
19             adaptation of this section, Congress is respon-
20             sible for—
21                      (i) identifying and interpreting the
22                 changes in those circumstances as they
23                 occur; and
24                      (ii) affecting subsequent changes to
25                 this section, as appropriate.


     † S 1260 ES
                               396
1                   (J) Reforming rules, regulations, and pol-
2              icy, which negatively impact domestic manufac-
3              turing.
 4             (3) PROCEDURES.—It is the sense of Congress
 5      that, in order to expedite and facilitate the imple-
 6      mentation of the national policy described in para-
 7      graph (2)—
 8                  (A) Federal procurement policy should—
 9                       (i) prioritize and encourage domestic
10                  manufacturing and robust domestic supply
11                  chains;
12                       (ii) support means of expanding do-
13                  mestic manufacturing job creation;
14                       (iii) enhance manufacturing workforce
15                  preparedness;
16                       (iv) prioritize the development of
17                  means to support diversity and inclusion
18                  throughout the manufacturing and indus-
19                  trial sector;
20                       (v) promote the consideration of, and
21                  support to, minority-owned and women-
22                  owned manufacturing contractors of the
23                  Federal Government; and
24                       (vi) support the ingenuity and entre-
25                  preneurship of the United States by pro-


     † S 1260 ES
                                 397
1                   viding enhanced attention to manufac-
2                   turing startups and small businesses in the
3                   United States;
4                   (B) Federal trade and monetary policies
5              should—
6                          (i) ensure that global competition in
7                   manufacturing is free, open, and fair;
8                          (ii) prioritize policies and investments
9                   that     support   domestic    manufacturing
10                  growth and innovation; and
11                         (iii) not be utilized to offshore poor
12                  manufacturing working conditions or de-
13                  structive     manufacturing     environmental
14                  practices;
15                  (C) Federal policies and practices should
16             reasonably prioritize competitiveness for manu-
17             facturing and industrial innovation efforts in
18             the United States, but should not sacrifice the
19             quality of employment opportunities, including
20             the health and safety of workers, pay, and ben-
21             efits;
22                  (D) Federal manufacturing and industrial
23             innovation policies, practices, and priorities
24             should reasonably improve environmental sus-




     † S 1260 ES
                               398
1              tainability within the manufacturing industry,
2              while minimizing economic impact;
3                   (E) Federal patent policies should be de-
4              veloped, based on uniform principles, which
5              have as their objective to preserve incentives for
6              industrial technological innovation and the ap-
7              plication of procedures that will continue to as-
8              sure the full use of beneficial technology to
9              serve the public;
10                  (F) Federal efforts should promote and
11             support a strong system of intellectual property
12             rights to include trade secrets, through both
13             protection of intellectual property rights and
14             enforcement against intellectual property theft,
15             and broad engagement to limit foreign efforts
16             to illegally or inappropriately utilize com-
17             promised intellectual property;
18                  (G) closer relationships should be encour-
19             aged among practitioners of scientific and tech-
20             nological research and development and those
21             who apply those foundations to domestic com-
22             mercial manufacturing;
23                  (H) the full use of the contributions of
24             manufacturing and industrial innovation to sup-




     † S 1260 ES
                               399
1              port State and local government goals should be
2              encouraged;
3                  (I) formal recognition should be accorded
4              to those persons, the manufacturing and indus-
5              trial innovation achievements of which contrib-
6              uted significantly to the national welfare; and
7                  (J) departments, agencies, and instrumen-
8              talities of the Federal Government should es-
9              tablish procedures to ensure among them the
10             systematic interchange of data, efforts, and
11             findings developed under their programs.
12                 (K) policies, rules, and regulations that
13             negatively    impact   domestic     manufacturing
14             should be reformed.
15             (4) IMPLEMENTATION.—To implement the na-
16      tional policy described in paragraph (2), it is the
17      sense of Congress—
18                 (A) that—
19                      (i) the Federal Government should
20                 maintain integrated policy planning ele-
21                 ments in the executive branch that assist
22                 agencies in such branch in—
23                            (I) identifying problems and ob-
24                      jectives that could be addressed or en-
25                      hanced by public policy;


     † S 1260 ES
                         400
 1                      (II) mobilizing industrial and in-
 2                 novative manufacturing resources for
 3                 national security and emergency re-
 4                 sponse purposes;
 5                      (III) securing appropriate fund-
 6                 ing for programs so identified by the
 7                 President or the Chief Manufacturing
 8                 Officer;
 9                      (IV) anticipating future concerns
10                 to which industrial and innovative
11                 manufacturing can contribute and de-
12                 vise industrial strategies for such pur-
13                 poses;
14                      (V) reviewing systematically the
15                 manufacturing and industrial innova-
16                 tion policy and programs of the Fed-
17                 eral Government and recommending
18                 legislative amendments to those poli-
19                 cies and programs when needed; and
20                      (VI) reforming policies, rules,
21                 and regulations that harm domestic
22                 manufacturing and inhibit domestic
23                 manufacturing from competing with
24                 global competitors; and




     † S 1260 ES
                             401
 1                     (ii) the elements described in clause
 2                 (i) should include a data collection, anal-
 3                 ysis, and advisory mechanism within the
 4                 Executive Office of the President to pro-
 5                 vide the President with independent, expert
 6                 judgment and assessments of the complex
 7                 manufacturing and industrial features in-
 8                 volved; and
 9                 (B) that it is the responsibility of the Fed-
10             eral Government to—
11                     (i) promote prompt, effective, reliable,
12                 and systematic dissemination of manufac-
13                 turing and industrial information—
14                          (I) by such methods as may be
15                     appropriate; and
16                          (II) through efforts conducted by
17                     nongovernmental      organizations,    in-
18                     cluding industrial groups, technical
19                     societies, and educational entities;
20                     (ii) coordinate and develop a manufac-
21                 turing industrial strategy and facilitate the
22                 close coupling of this manufacturing strat-
23                 egy with commercial manufacturing appli-
24                 cation; and




     † S 1260 ES
                               402
 1                        (iii) enhance domestic development
 2                   and utilization of such industrial informa-
 3                   tion by prioritization of efforts with manu-
 4                   facturers, the production of which takes
 5                   place in the United States.
6       (c) ESTABLISHMENT.—
 7             (1) IN GENERAL.—The President shall appoint,
 8      by and with the advice and consent of the Senate,
 9      a Chief Manufacturing Officer to serve within the
10      Executive Office of the President.
11             (2) OFFICE.—
12                   (A) IN GENERAL.—There is established in
13             the Executive Office of the President an Office
14             of Manufacturing and Industrial Innovation
15             Policy (referred to in this section as the ‘‘Of-
16             fice’’).
17                   (B) CMO.—The Chief Manufacturing Offi-
18             cer shall—
19                        (i) head the Office; and
20                        (ii) serve as a source of manufac-
21                   turing and industrial innovation analysis
22                   and judgment for the President and the
23                   Director of the National Economic Council
24                   with respect to the major policies, plans,
25                   and programs of the Federal Government


     † S 1260 ES
                             403
1                  relating to manufacturing and industrial
2                  innovation.
3       (d) CHIEF MANUFACTURING OFFICER; ASSOCIATE
4 MANUFACTURING OFFICERS.—
5              (1) CHIEF MANUFACTURING OFFICER.—
6                  (A) FUNCTIONS.—
 7                     (i) PRIMARY FUNCTION.—To the ex-
 8                 tent consistent with law, the Chief Manu-
 9                 facturing Officer shall report to the Presi-
10                 dent, and such agencies within the Execu-
11                 tive Office of the President and the Direc-
12                 tor of the National Economic Council, as
13                 may be appropriate, on issues regarding
14                 and impacting manufacturing and indus-
15                 trial innovation efforts of the Federal Gov-
16                 ernment, or of the private sector, that re-
17                 quire attention at the highest levels of the
18                 Federal Government.
19                     (ii) OTHER FUNCTIONS.—The Chief
20                 Manufacturing Officer shall—
21                          (I) advise the President on man-
22                     ufacturing and industrial innovation
23                     considerations relating to areas of na-
24                     tional concern, including—




     † S 1260 ES
                          404
 1                              (aa) the economy of the
 2                        United States;
 3                              (bb) national security;
 4                              (cc) public health;
 5                              (dd) the workforce of the
 6                        United States;
 7                              (ee) education;
 8                              (ff) foreign relations (includ-
 9                        ing   trade    and      supply   chain
10                        issues);
11                              (gg) the environment; and
12                              (hh) technological innovation
13                        in the United States;
14                        (II) convene stakeholders, includ-
15                 ing key industry stakeholders, aca-
16                 demic stakeholders, defense stake-
17                 holders, governmental stakeholders,
18                 and stakeholders from nonprofit orga-
19                 nizations and labor organizations that
20                 primarily represent workers in manu-
21                 facturing, to develop the national stra-
22                 tegic plan required under subsection
23                 (f);
24                        (III) evaluate the scale, quality,
25                 and effectiveness of the effort of the


     † S 1260 ES
                         405
 1                 Federal Government to support manu-
 2                 facturing and industrial innovation by
 3                 the Federal Government or by the pri-
 4                 vate sector, and advise on appropriate
 5                 actions;
 6                      (IV) to the extent consistent with
 7                 law, report to the President, the Di-
 8                 rector of the National Economic
 9                 Council, the Director of the Office of
10                 Management Budget, and such agen-
11                 cies within the Executive Office of the
12                 President as may be appropriate, ad-
13                 vise the President on the budgets, reg-
14                 ulations, and regulatory reforms of
15                 agencies of the executive branch of
16                 the Federal Government with respect
17                 to issues concerning manufacturing
18                 and industrial innovation;
19                      (V) to the extent consistent with
20                 law, assist the President and the Di-
21                 rector of the National Economic
22                 Council in providing general leader-
23                 ship and coordination of activities and
24                 policies of the Federal Government re-




     † S 1260 ES
                             406
 1                     lating to and impacting manufac-
 2                     turing and industrial innovation; and
 3                          (VI) perform such other func-
 4                     tions, duties, and activities as the
 5                     President and the Director of the Na-
 6                     tional Economic Council may assign.
 7                 (B) AUTHORITIES.—In carrying out the
 8             duties and functions under this section, the
 9             Chief Manufacturing Officer may—
10                     (i) appoint such officers and employ-
11                 ees as may be determined necessary to per-
12                 form the functions vested in the position
13                 and to prescribe the duties of such officers
14                 and employees;
15                     (ii) obtain services as authorized
16                 under section 3109 of title 5, United
17                 States Code, at rates not to exceed the
18                 rate prescribed for grade GS–15 of the
19                 General Schedule under section 5332 of
20                 title 5, United States Code; and
21                     (iii) enter into contracts and other ar-
22                 rangements for studies, analysis, and other
23                 services with public agencies and with pri-
24                 vate persons, organizations, or institutions,
25                 and make such payments as determined


     † S 1260 ES
                              407
 1                  necessary to carry out the provisions of
 2                  this section without legal consideration,
 3                  without performance bonds, and without
 4                  regard to section 6101 of title 41, United
 5                  States Code.
 6             (2) ASSOCIATE DIRECTORS.—
 7                  (A) IN   GENERAL.—The     Chief Manufac-
 8             turing Officer may appoint not more than 5 As-
 9             sociate Directors, to be known as Associate
10             Manufacturing Officers to carry out such func-
11             tions as may be prescribed by the Chief Manu-
12             facturing Officer.
13                  (B)    COMPENSATION.—Each        Associate
14             Manufacturing Officer shall be compensated at
15             a rate not to exceed that provided for level III
16             of the Executive Schedule under section 5314
17             title 5, United States Code.
18      (e) POLICY PLANNING, ANALYSIS, AND ADVICE.—
19             (1) IN GENERAL.—In carrying out the provi-
20      sions of this section, the Chief Manufacturing Offi-
21      cer shall—
22                  (A) monitor the status of technological de-
23             velopments, critical production capacity, skill
24             availability, investment patterns, emerging de-




     † S 1260 ES
                              408
1              fense needs, and other key indicators of manu-
2              facturing competitiveness to—
3                        (i) provide foresight for periodic up-
4                  dates to the national strategic plan re-
5                  quired under subsection (f); and
6                        (ii) guide investment decisions;
7                  (B) convene interagency and public-private
8              working groups to align Federal policies that
9              drive implementation of the national strategic
10             plan required under subsection (f);
11                 (C) initiate and support translation re-
12             search in engineering and manufacturing by en-
13             tering into contracts or making other arrange-
14             ments (including grants, awards, cooperative
15             agreements, loans, and other forms of assist-
16             ance) to study that research and to assess the
17             impact of that research on the economic well-
18             being, climate and environmental impact, public
19             health, and national security of the United
20             States;
21                 (D) report to the President and the Direc-
22             tor of the National Economic Council on the ex-
23             tent to which the various programs, policies,
24             and activities of the Federal Government are
25             likely to affect the achievement of priority goals


     † S 1260 ES
                                409
1              of the United States described in subsection
2              (b)(1);
3                      (E) annually survey the nature and needs
4              of the policies relating to national manufac-
5              turing and industrial innovation and make rec-
6              ommendations to the President and the Direc-
7              tor of the National Economic Council, for re-
8              view and submission to Congress, for the timely
9              and appropriate revision of the manufacturing
10             and industrial innovation policies of the Federal
11             Government, including the reform of policies,
12             rules, and regulations that harm domestic man-
13             ufacturing and inhibit the ability for domestic
14             manufacturing to compete with global competi-
15             tors;
16                     (F) perform such other duties and func-
17             tions and make and furnish such studies and
18             reports thereon, and recommendations with re-
19             spect to matters of policy and legislation as the
20             President and the Director of the National Eco-
21             nomic Council may request; and
22                     (G) coordinate, as appropriate, Federal
23             permitting with respect to manufacturing and
24             industrial innovation.




     † S 1260 ES
                                410
1              (2)    INTERGOVERNMENTAL         MANUFACTURING

2       AND INDUSTRIAL INNOVATION PANEL.—

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


     † S 1260 ES
                              411
 1                 United States, so as to maximize the appli-
 2                 cation of such research.
 3                 (B) COMPOSITION.—The Panel shall be
 4             composed of—
 5                      (i) the Chief Manufacturing Officer,
 6                 or a representative of the Chief Manufac-
 7                 turing Officer;
 8                      (ii) not fewer than 10 members rep-
 9                 resenting the interests of the States, ap-
10                 pointed by the Chief Manufacturing Officer
11                 after consultation with State officials;
12                      (iii) the Director of the National In-
13                 stitute of Standards and Technology;
14                      (iv) the Deputy Assistant Secretary of
15                 Defense for Manufacturing and Industrial
16                 Base Policy;
17                      (v) the Assistant Secretary of Labor
18                 for Employment and Training;
19                      (vi) the Administrator of the Small
20                 Business Administration; and
21                      (vii) the Assistant Secretary of En-
22                 ergy for Energy Efficiency and Renewable
23                 Energy.
24                 (C) CHAIR.—The Chief Manufacturing Of-
25             ficer, or the representative of the Chief Manu-


     † S 1260 ES
                               412
 1             facturing Officer, shall serve as Chair of the
 2             Panel.
 3                  (D) MEETINGS.—The Panel shall meet at
 4             the call of the Chair.
 5                  (E) COMPENSATION.—
 6                       (i) IN GENERAL.—Each member of
 7                  the Panel shall be entitled to receive com-
 8                  pensation at a rate not to exceed the daily
 9                  rate prescribed for GS–15 of the General
10                  Schedule under section 5332 of title 5,
11                  United States Code, for each day (includ-
12                  ing travel time) during which the member
13                  is engaged in the performance of the duties
14                  of the Panel.
15                       (ii) TRAVEL EXPENSES.—Each mem-
16                  ber of the Panel who is serving away from
17                  the home or regular place of business of
18                  the member in the performance of the du-
19                  ties of the Panel shall be allowed travel ex-
20                  penses, including per diem in lieu of sub-
21                  sistence, in the same manner as the ex-
22                  penses authorized by section 5703(b) of
23                  title 5, United States Code, for persons in
24                  government      service   employed   intermit-
25                  tently.


     † S 1260 ES
                               413
 1       (f) NATIONAL STRATEGIC PLAN            FOR   MANUFAC-
 2   TURING AND INDUSTRIAL INNOVATION.—

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




      † S 1260 ES
                        414
 1                     (I) any problems, constraints, or
 2                 opportunities of manufacturing and
 3                 industrial innovation that—
 4                            (aa) are of national signifi-
 5                     cance;
 6                            (bb)   will   occur   or   may
 7                     emerge during the 4-year period
 8                     beginning on the date on which
 9                     the national strategic plan is es-
10                     tablished; and
11                            (cc) are identified through
12                     basic research;
13                     (II) an evaluation of activities
14                 and accomplishments of all agencies
15                 in the executive branch of the Federal
16                 Government that are related to car-
17                 rying out such plan;
18                     (III) opportunities for, and con-
19                 straints on, manufacturing and indus-
20                 trial innovation that can make a sig-
21                 nificant contribution to—
22                            (aa) the resolution of prob-
23                     lems identified under this para-
24                     graph; or




     † S 1260 ES
                             415
 1                                  (bb) the achievement of Fed-
 2                           eral program objectives or pri-
 3                           ority goals, including those de-
 4                           scribed in subsection (b)(1); and
 5                           (IV) recommendations for pro-
 6                      posals to carry out such plan.
 7                 (B) REVISIONS.—Not later than 4 years
 8             after the date on which the national strategic
 9             plan is established under subparagraph (A),
10             and every 4 years thereafter, the Chief Manu-
11             facturing Officer, in coordination with the Di-
12             rector of the National Economic Council, shall
13             revise that plan so that the plan takes account
14             of near- and long-term problems, constraints,
15             and opportunities and changing national goals
16             and circumstances.
17             (2) CONSULTATION WITH OTHER AGENCIES.—
18      The Chief Manufacturing Officer shall consult, as
19      necessary, with officials of agencies in the executive
20      branch of the Federal Government that administer
21      programs or have responsibilities relating to the
22      problems, constraints, and opportunities identified in
23      the national strategic plan under paragraph (1) in
24      order to—




     † S 1260 ES
                               416
1                    (A) identify and evaluate actions that
2              might be taken by the Federal Government,
3              State, and local governments, or the private
4              sector to deal with such problems, constraints,
5              or opportunities; and
6                    (B) ensure to the extent possible that ac-
7              tions identified under subparagraph (A) are
8              considered by each agency of the executive
9              branch of the Federal Government in formu-
10             lating proposals of each such agency.
11             (3)   CONSULTATION      WITH   MANUFACTURING

12      STAKEHOLDERS.—The Chief Manufacturing Officer

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




     † S 1260 ES
                              417
 1              (4) CONSULTATION     WITH   OMB.—The     Chief
 2       Manufacturing Officer shall consult as necessary
 3       with officials of the Office of Management and
 4       Budget and other appropriate elements of the Exec-
 5       utive Office of the President to ensure that the prob-
 6       lems, constraints, opportunities, and actions identi-
 7       fied under paragraph (1) are fully considered in the
 8       development of legislative proposals and the Presi-
 9       dent’s budget.
10       (g) ADDITIONAL FUNCTIONS OF THE CHIEF MANU-
11   FACTURING OFFICER; ADMINISTRATIVE PROVISIONS.—

12              (1) IN GENERAL.—The Chief Manufacturing
13       Officer, in addition to the other duties and functions
14       under this section, shall serve—
15                   (A) on the Federal Strategy and Coordi-
16              nating Council on Manufacturing and Indus-
17              trial Innovation established under subsection
18              (j); and
19                   (B) as a member of the Domestic Policy
20              Council, the National Economic Council, and
21              the Office of Science and Technology Policy
22              Council.
23              (2) ADVICE   TO NATIONAL SECURITY COUN-

24       CIL.—For the purpose of ensuring the optimal con-

25       tribution of manufacturing and industrial innovation


      † S 1260 ES
                             418
 1      to the national security of the United States, the
 2      Chief Manufacturing Officer, at the request of the
 3      President, shall advise the National Security Council
 4      in such matters concerning manufacturing and in-
 5      dustrial innovation as may be related to national se-
 6      curity.
 7             (3) COORDINATION     WITH   OTHER   ORGANIZA-

 8      TIONS.—

 9                 (A) IN GENERAL.—In exercising the func-
10             tions under this section, the Chief Manufac-
11             turing Officer—
12                     (i) shall—
13                          (I) work in close consultation and
14                     cooperation with the Director of the
15                     Domestic Policy Council, the National
16                     Security Advisor, the Assistant to the
17                     President for Economic Policy and
18                     Director of the National Economic
19                     Council, the Director of the Office of
20                     Science and Technology Policy, the
21                     Director of the Office of Management
22                     and Budget, and the heads of other
23                     agencies in the executive branch of
24                     the Federal Government;




     † S 1260 ES
                        419
 1                     (II) utilize the services of con-
 2                 sultants, establish such advisory pan-
 3                 els, and, to the extent practicable,
 4                 consult with—
 5                            (aa) State and local govern-
 6                     ment agencies;
 7                            (bb) appropriate professional
 8                     groups;
 9                            (cc) representatives of indus-
10                     try, universities, consumers, labor
11                     organizations that primarily rep-
12                     resent workers in manufacturing;
13                     and
14                            (dd) such other public inter-
15                     est groups, organizations, and in-
16                     dividuals as may be necessary;
17                     (III) hold such hearings in var-
18                 ious parts of the United States as
19                 necessary to determine the views of
20                 the agencies, groups, and organiza-
21                 tions described in subparagraph (B),
22                 and of the general public, concerning
23                 national needs and trends in manufac-
24                 turing and industrial innovation; and




     † S 1260 ES
                                 420
 1                              (IV) utilize, with the heads of
 2                         public and private agencies and orga-
 3                         nizes, to the fullest extent possible the
 4                         services, personnel, equipment, facili-
 5                         ties, and information (including statis-
 6                         tical information) of public and pri-
 7                         vate agencies and organizations, and
 8                         individuals, in order to avoid the du-
 9                         plication of efforts and expenses; and
10                         (ii) may transfer funds made available
11                     pursuant to this section to other agencies
12                     in the executive branch of the Federal Gov-
13                     ernment as reimbursement for the utiliza-
14                     tion of such personnel, services, facilities,
15                     equipment, and information.
16                     (B) FURNISHMENT       OF   INFORMATION.—

17             Each department, agency, and instrumentality
18             of the executive branch of the Federal Govern-
19             ment, including any independent agency, shall
20             furnish the Chief Manufacturing Officer such
21             information as necessary to carry out this sec-
22             tion.
23      (h) MANUFACTURING AND INDUSTRIAL INNOVATION
24 REPORT.—




     † S 1260 ES
                              421
 1             (1) REPORT.—Not later than 3 years after the
 2      date of enactment of this division, and every 4 years
 3      thereafter, the Chief Manufacturing Officer, in con-
 4      sultation with the Director of the National Economic
 5      Council, shall submit to Congress a Manufacturing
 6      and Industrial Innovation Report (referred to in this
 7      section as the ‘‘report’’) with appropriate assistance
 8      from agencies in the executive branch of the Federal
 9      Government and such consultants and contractors as
10      the Chief Manufacturing Officer determines nec-
11      essary.
12             (2) CONTENTS OF REPORT.—Each report re-
13      quired under paragraph (1) shall draw upon the
14      most recent national strategic plan established under
15      subsection (f) and shall include, to the extent prac-
16      ticable and within the limitations of available knowl-
17      edge and resources—
18                 (A) a review of developments of national
19             significance in manufacturing and industrial in-
20             novation;
21                 (B) the significant effects of trends at the
22             time of the submission of the report and pro-
23             jected trends in manufacturing and industrial
24             innovation on the economy, workforce, and envi-




     † S 1260 ES
                                 422
1              ronmental, health and national security, and
2              other requirements of the United States;
3                    (C) a review and appraisal of selected
4              manufacturing and industrial innovation related
5              programs, policies, and activities of the Federal
6              Government, including procurement;
7                    (D) an inventory and forecast of critical
8              and emerging national problems, the resolution
9              of which might be substantially assisted by
10             manufacturing and industrial innovation in the
11             United States;
12                   (E) the identification and assessment of
13             manufacturing and industrial innovation meas-
14             ures that can contribute to the resolution of the
15             problems described in subparagraph (D) in
16             light of the related economic, workforce, envi-
17             ronmental, public health, and national security
18             considerations;
19                   (F) at the time of the submission of the re-
20             port, and as projected, the manufacturing and
21             industrial resources, including specialized man-
22             power, that could contribute to the resolution of
23             the problems described in subparagraph (D);
24             and




     † S 1260 ES
                               423
 1                  (G) recommendations for legislation and
 2              regulatory changes on manufacturing and in-
 3              dustrial innovation-related programs and poli-
 4              cies that will contribute to the resolution of the
 5              problems described in subparagraph (D).
 6              (3) PREPARATION OF REPORT.—In preparing
 7       each report required under paragraph (1), the Chief
 8       Manufacturing Officer shall make maximum use of
 9       relevant data available from agencies in the execu-
10       tive branch of the Federal Government.
11              (4) PUBLIC AVAILABILITY OF REPORT.—The
12       Chief Manufacturing Officer shall ensure that the
13       report is made available to the public.
14       (i) COMPTROLLER GENERAL REPORT.—Not later
15 than 3 years after the date of enactment of this division,
16 the Comptroller General of the United States shall submit
17 to the Committee on Commerce, Science, and Transpor-
18 tation of the Senate, the Committee on Appropriations of
19 the Senate, the Committee on Science, Space, and Tech-
20 nology of the House of Representatives, the Committee on
21 Energy and Commerce of the House of Representatives,
22 and the Committee on Appropriations of the House of
23 Representatives, and make available to the public, a re-
24 port—




      † S 1260 ES
                                424
 1               (1) containing an assessment of the efforts of
 2         the Office to implement or advance the priority goals
 3         described in subsection (b)(1); and
 4               (2) providing recommendations on how to im-
 5         prove the efforts described in paragraph (1).
 6         (j) FEDERAL STRATEGY AND COORDINATING COUN-
 7   CIL   ON    MANUFACTURING        AND   INDUSTRIAL INNOVA-
 8   TION.—There is established in the executive branch of the

 9 Federal Government the Federal Strategy and Coordi-
10 nating Council on Manufacturing and Industrial Innova-
11 tion (referred to in this section as the ‘‘Council’’).
12               (1) MEMBERSHIP.—
13                   (A) IN GENERAL.—The Council shall be
14               composed of the following:
15                        (i) The President, who shall serve as
16                   Chair of the Council.
17                        (ii) The Vice President.
18                        (iii) The Secretary of Commerce.
19                        (iv) The Secretary of Defense.
20                        (v) The Secretary of Education.
21                        (vi) The Secretary of Energy.
22                        (vii) The Secretary of Health and
23                   Human Services.
24                        (viii) The Secretary of Housing and
25                   Urban Development.


       † S 1260 ES
                                425
 1                         (ix) The Secretary of Labor.
 2                         (x) The Secretary of State.
 3                         (xi) The Secretary of Transportation.
 4                         (xii) The Secretary of the Treasury.
 5                         (xiii) The Secretary of Veterans Af-
 6                 fairs.
 7                         (xiv) The Administrator of the Envi-
 8                 ronmental Protection Agency.
 9                         (xv) The Administrator of the Na-
10                 tional Aeronautics and Space Administra-
11                 tion.
12                         (xvi) The Administrator of the Small
13                 Business Administration.
14                         (xvii) The Director of the National
15                 Science Foundation.
16                         (xviii) The Director of the Office of
17                 Management and Budget.
18                         (xix) The Assistant to the President
19                 for Science and Technology.
20                         (xx) The United States Trade Rep-
21                 resentative.
22                         (xxi) The National Security Advisor.
23                         (xxii) The Assistant to the President
24                 for Economic Policy.




     † S 1260 ES
                                 426
 1                        (xxiii) The Director of the Domestic
 2                 Policy Council.
 3                        (xxiv) The Chair of the Council of
 4                 Economic Advisers.
 5                        (xxv) The Chief Manufacturing Offi-
 6                 cer.
 7                 (B)     ADDITIONAL     PARTICIPANTS.—The

 8             President may, from time to time and as nec-
 9             essary, appoint officials in the executive branch
10             of the Federal Government to serve as members
11             of the Council.
12             (2) MEETINGS OF THE COUNCIL.—
13                 (A) IN GENERAL.—The President or the
14             Chief Manufacturing Officer may convene meet-
15             ings of the Council.
16                 (B) PRESIDING OFFICER.—
17                        (i) IN GENERAL.—Subject to clause
18                 (ii), the President shall preside over the
19                 meetings of the Council.
20                        (ii) EXCEPTION.—If the President is
21                 not present at a meeting of the Council,
22                 the Vice President (and if the Vice Presi-
23                 dent is not present at a meeting of the
24                 Council, the Chief Manufacturing Officer)




     † S 1260 ES
                               427
 1                  shall preside and be considered the chair of
 2                  the Council.
 3      (k) COUNCIL ON MANUFACTURING AND INDUSTRIAL
 4 INNOVATION FUNCTIONS.—
 5             (1) IN GENERAL.—The Council shall—
 6                  (A) consider problems and developments,
 7             including concerns relating to the workforce of
 8             the United States, in manufacturing and indus-
 9             trial innovation and related activities of more
10             than 1 agency in the executive branch of the
11             Federal Government;
12                  (B) coordinate the manufacturing and in-
13             dustrial innovation policy-making process;
14                  (C) harmonize the Federal permitting
15             process relating to manufacturing and indus-
16             trial innovation, as appropriate;
17                  (D) ensure manufacturing and industrial
18             innovation policy decisions and programs are
19             consistent with the priority goals described in
20             subsection (b)(1);
21                  (E) help implement the priority goals de-
22             scribed in subsection (b)(1) across the Federal
23             Government;
24                  (F) ensure manufacturing and industrial
25             innovation are considered in the development


     † S 1260 ES
                                428
1              and implementation of Federal policies and pro-
2              grams;
3                   (G)    achieve    more     effective   use   of
4              foundational aspects of manufacturing and in-
5              dustrial innovation, particularly scientific, engi-
6              neering, and technological resources and facili-
7              ties of agencies in the executive branch of the
8              Federal Government, including the elimination
9              of efforts that have been unwarrantedly dupli-
10             cated;
11                  (H) identify—
12                        (i) threats to, and vulnerabilities of,
13                  supply chains;
14                        (ii) workforce skills;
15                        (iii) aspects of supply chains and
16                  workforce skills requiring additional em-
17                  phasis; and
18                        (iv) for reform policies, rules, and reg-
19                  ulations that harm domestic manufac-
20                  turing and inhibit the ability for domestic
21                  manufacturing to compete with global com-
22                  petitors; and
23                  (I) further international cooperation on
24             manufacturing and industrial innovation poli-




     † S 1260 ES
                                429
 1              cies that enhance the policies of the United
 2              States and internationally agreed upon policies.
 3              (2) CHIEF     MANUFACTURING       OFFICER.—The

 4       Chief Manufacturing Officer may take such actions
 5       as may be necessary or appropriate to implement the
 6       functions described in paragraph (1).
 7       (l) COORDINATION.—The head of each agency in the
 8 executive branch of the Federal Government, without re-
 9 gard to whether the head of the agency is a member of
10 the Council, shall coordinate manufacturing and industrial
11 innovation policy with the Council.
12       (m) ADMINISTRATION.—
13              (1) COORDINATION WITH NATIONAL SCIENCE
14       AND TECHNOLOGY COUNCIL.—In              carrying out the
15       duties of the Council, the Council shall consult with
16       the National Science and Technology Council, as
17       necessary.
18              (2) AD COMMITTEES; TASKS FORCES, INTER-
19       AGENCY       GROUPS.—The      Council     may   function
20       through established or ad hoc committees, task
21       forces, or interagency groups.
22              (3)   REQUIREMENT      TO    COOPERATE.—Each

23       agency in the executive branch of the Federal Gov-
24       ernment shall—
25                    (A) cooperate with the Council; and


      † S 1260 ES
                                430
 1                   (B) provide assistance, information, and
 2              advice to the Council, as the Council may re-
 3              quest, to the extent permitted by law.
 4              (4) ASSISTANCE TO COUNCIL.—For the purpose
 5       of carrying out the provisions of this section, the
 6       head of each agency that is a member of the Council
 7       shall furnish necessary assistance and resources to
 8       the Council, which may include—
 9                   (A) detailing employees of the agency to
10              the Council to perform such functions, con-
11              sistent with the purposes of this section, as the
12              Chair of the Council may assign to those
13              detailees;
14                   (B) providing office support and printing,
15              as requested by the Chair of the Council; and
16                   (C) upon the request of the Chair of the
17              Council, undertake special studies for the Coun-
18              cil that come within the functions of the Coun-
19              cil described in subsection (k).
20       (n) NATIONAL MEDAL OF MANUFACTURING AND IN-
21   DUSTRIAL INNOVATION.—

22              (1) RECOMMENDATIONS.—The President shall
23       from time to time award a medal, to be known as
24       the ‘‘National Medal of Manufacturing and Indus-
25       trial Innovation’’, on the basis of recommendations


      † S 1260 ES
                              431
1       received from the National Academies of Sciences,
2       the Chief Manufacturing Officer, or on the basis of
3       such other information and evidence as the Presi-
4       dent determines appropriate, to individuals who in
5       the judgment of the President are deserving of spe-
6       cial recognition by reason of outstanding contribu-
7       tions to knowledge in manufacturing and industrial
8       innovation.
 9             (2) NUMBER.—Not more than 20 individuals
10      may be awarded a medal under this section in any
11      one calendar year.
12             (3) CITIZENSHIP.—An individual may not be
13      awarded a medal under this section unless at the
14      time such award is made the individual—
15                 (A) is a citizen or other national of the
16             United States; or
17                 (B) is an individual lawfully admitted to
18             the United States for permanent residence
19             who—
20                      (i) has filed an application for petition
21                 for naturalization in the manner prescribed
22                 by section 334(b) of the Immigration and
23                 Nationality Act (8 U.S.C. 1445(b)); and
24                      (ii) is not permanently ineligible to be-
25                 come a citizen of the United States.


     † S 1260 ES
                              432
 1              (4) CEREMONIES.—The presentation of the
 2       award shall be made by the President with such
 3       ceremonies as determined proper, including attend-
 4       ance by appropriate Members of Congress.
 5       (o) AUTHORIZATION OF APPROPRIATIONS.—There
 6 are authorized to be appropriated for each of fiscal years
 7 2022 through 2026—
 8              (1) $5,000,000, for the purpose of carrying out
 9       subsections (c) through (i); and
10              (2) $5,000,000, for the purpose of carrying out
11       subsections (j) through (m).
12   SEC. 2509. TELECOMMUNICATIONS WORKFORCE TRAINING

13                  GRANT PROGRAM.

14       (a) SHORT TITLE.—This section may be cited as the
15 ‘‘Improving Minority Participation And Careers in Tele-
16 communications Act’’ or the ‘‘IMPACT Act’’.
17       (b) DEFINITIONS.—In this section:
18              (1) ASSISTANT SECRETARY.—The term ‘‘Assist-
19       ant Secretary’’ means the Assistant Secretary of
20       Commerce for Communications and Information.
21              (2) COVERED     GRANT.—The     term ‘‘covered
22       grant’’ means a grant awarded under subsection (c).
23              (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
24       ty’’ means a historically Black college or university,
25       Tribal College or University, or minority-serving in-


      † S 1260 ES
                                433
 1      stitution, or a consortium of such entities, that
 2      forms a partnership with 1 or more of the following
 3      entities to carry out a training program:
 4                  (A) A member of the telecommunications
 5             industry, such as a company or industry asso-
 6             ciation.
 7                  (B) A labor or labor-management organi-
 8             zation with experience working in the tele-
 9             communications industry or a similar industry.
10                  (C)   The    Telecommunications      Industry
11             Registered Apprenticeship Program.
12                  (D) A nonprofit organization dedicated to
13             helping individuals gain employment in the tele-
14             communications industry.
15                  (E) A community or technical college with
16             experience in providing workforce development
17             for individuals seeking employment in the tele-
18             communications industry or a similar industry.
19                  (F) A Federal agency laboratory special-
20             izing in telecommunications technology.
21             (4) FUND.—The term ‘‘Fund’’ means the Tele-
22      communications Workforce Training Grant Program
23      Fund established under subsection (d)(1).
24             (5) GRANT PROGRAM.—The term ‘‘Grant Pro-
25      gram’’ means the Telecommunications Workforce


     † S 1260 ES
                             434
 1      Training Grant Program established under sub-
 2      section (c).
 3             (6) HISTORICALLY BLACK COLLEGE OR UNI-
 4      VERSITY.—The     term ‘‘historically Black college or
 5      university’’ has the meaning given the term ‘‘part B
 6      institution’’ in section 322 of the Higher Education
 7      Act of 1965 (20 U.S.C. 1061).
 8             (7) INDUSTRY FIELD ACTIVITIES.—The term
 9      ‘‘industry field activities’’ means activities at active
10      telecommunications, cable, and broadband network
11      worksites, such as towers, construction sites, and
12      network management hubs.
13             (8) INDUSTRY PARTNER.—The term ‘‘industry
14      partner’’ means an entity described in subpara-
15      graphs (A) through (F) of paragraph (3) with which
16      an eligible entity forms a partnership to carry out a
17      training program.
18             (9)   MINORITY-SERVING      INSTITUTION.—The

19      term ‘‘minority-serving institution’’ means an insti-
20      tution described in section 371(a) of the Higher
21      Education Act of 1965 (20 U.S.C. 1067q(a)).
22             (10) TRAINING PROGRAM.—The term ‘‘training
23      program’’ means a credit or non-credit program de-
24      veloped by an eligible entity, in partnership with an
25      industry partner, that—


     † S 1260 ES
                                 435
 1                  (A) is designed to educate and train stu-
 2              dents to participate in the telecommunications
 3              workforce; and
 4                  (B) includes a curriculum and apprentice-
 5              ship or internship opportunities that can also be
 6              paired with—
 7                          (i) a degree program; or
 8                          (ii) stacked credentialing toward a de-
 9                  gree.
10              (11) TRIBAL COLLEGE OR UNIVERSITY.—The
11       term ‘‘Tribal College or University’’ has the meaning
12       given the term in section 316(b)(3) of the Higher
13       Education Act of 1965 (20 U.S.C. 1059c(b)(3)).
14       (c) PROGRAM.—The Assistant Secretary, acting
15 through the Office of Minority Broadband Initiatives es-
16 tablished under section 902(b)(1) of division N of the Con-
17 solidated Appropriations Act, 2021 (Public Law 116–
18 260), shall establish a program, to be known as the ‘‘Tele-
19 communications Workforce Training Grant Program’’,
20 under which the Assistant Secretary awards grants to eli-
21 gible entities to develop training programs.
22       (d) FUND.—
23              (1) ESTABLISHMENT.—There is established in
24       the Treasury of the United States a fund to be




      † S 1260 ES
                               436
1       known      as   the   ‘‘Telecommunications    Workforce
2       Training Grant Program Fund’’.
3              (2) AVAILABILITY.—Amounts in the Fund shall
4       be available to the Assistant Secretary to carry out
5       the Grant Program.
6       (e) APPLICATION.—
 7             (1) IN GENERAL.—An eligible entity desiring a
 8      covered grant shall submit an application to the As-
 9      sistant Secretary at such time, in such manner, and
10      containing such information as the Assistant Sec-
11      retary may require.
12             (2) CONTENTS.—An eligible entity shall include
13      in an application under paragraph (1)—
14                  (A) a commitment from the industry part-
15             ner of the eligible entity to collaborate with the
16             eligible entity to develop a training program, in-
17             cluding curricula and internships or apprentice-
18             ships;
19                  (B) a description of how the eligible entity
20             plans to use the covered grant, including the
21             type of training program the eligible entity
22             plans to develop;
23                  (C) a plan for recruitment of students and
24             potential students to participate in the training
25             program;


     † S 1260 ES
                                437
 1                   (D) a plan to increase female student par-
 2              ticipation in the training program of the eligible
 3              entity; and
 4                   (E) a description of potential jobs to be se-
 5              cured through the training program, including
 6              jobs in the communities surrounding the eligible
 7              entity.
 8       (f) USE OF FUNDS.—An eligible entity may use a
 9 covered grant, with respect to the training program of the
10 eligible entity, to—
11              (1) hire faculty members to teach courses in the
12       training program;
13              (2) train faculty members to prepare students
14       for employment in jobs related to the deployment of
15       next-generation wired and wireless communications
16       networks, including 5G networks, hybrid fiber-co-
17       axial networks, and fiber infrastructure, particularly
18       in—
19                   (A) broadband and wireless network engi-
20              neering;
21                   (B) network deployment, operation, and
22              maintenance;
23                   (C) industry field activities; and
24                   (D) cloud networks, data centers, and cy-
25              bersecurity;


      † S 1260 ES
                              438
 1             (3) design and develop curricula and other com-
 2      ponents necessary for degrees, courses, or programs
 3      of    study,    including   certificate   programs   and
 4      credentialing programs, that comprise the training
 5      program;
 6             (4) pay for costs associated with instruction
 7      under the training program, including the costs of
 8      equipment, telecommunications training towers, lab-
 9      oratory space, classroom space, and instructional
10      field activities;
11             (5) fund scholarships, student internships, ap-
12      prenticeships, and pre-apprenticeship opportunities;
13             (6) recruit students for the training program;
14      and
15             (7) support the enrollment in the training pro-
16      gram of individuals working in the telecommuni-
17      cations industry in order to advance professionally in
18      the industry.
19      (g) GRANT AWARDS.—
20             (1) DEADLINE.—Not later than 2 years after
21      the date on which amounts are appropriated to the
22      Fund pursuant to subsection (m), the Assistant Sec-
23      retary shall award all covered grants.




     † S 1260 ES
                               439
1              (2) MINIMUM ALLOCATION TO CERTAIN ENTI-
2       TIES.—The Assistant Secretary shall award not less

3       than—
4                   (A) 30 percent of covered grant amounts
5              to historically Black colleges or universities; and
6                   (B) 30 percent of covered grant amounts
7              to Tribal Colleges or Universities.
 8             (3) EVALUATION CRITERIA.—As part of the
 9      final rules issued under subsection (h), the Assistant
10      Secretary shall develop criteria for evaluating appli-
11      cations for covered grants.
12             (4) COORDINATION.—The Assistant Secretary
13      shall ensure that grant amounts awarded under
14      paragraph (2) are coordinated with, and do not du-
15      plicate the specific use of, grant amounts provided
16      under section 902 of division N of the Consolidated
17      Appropriations Act, 2021 (Public Law 116–260).
18             (5) CONSTRUCTION.—In awarding grants under
19      this section for training or education relating to con-
20      struction, the Assistant Secretary may prioritize ap-
21      plicants that partner with apprenticeship programs,
22      pre-apprenticeship programs, or public two-year
23      community or technical colleges that have a written
24      agreement with one or more apprenticeship pro-
25      grams.


     † S 1260 ES
                              440
 1       (h) RULES.—Not later than 180 days after the date
 2 of enactment of this division, after providing public notice
 3 and an opportunity to comment, the Assistant Secretary,
 4 in consultation with the Secretary of Labor and the Sec-
 5 retary of Education, shall issue final rules governing the
 6 Grant Program.
 7       (i) TERM.—The Assistant Secretary shall establish
 8 the term of a covered grant, which may not be less than
 9 5 years.
10       (j) GRANTEE REPORTS.—During the term of a cov-
11 ered grant received by an eligible entity, the eligible entity
12 shall submit to the Assistant Secretary a semiannual re-
13 port that, with respect to the preceding 6-month period—
14              (1) describes how the eligible entity used the
15       covered grant amounts;
16              (2) describes the progress the eligible entity
17       made in developing and executing the training pro-
18       gram of the eligible entity;
19              (3) describes the number of faculty and stu-
20       dents participating in the training program of the el-
21       igible entity;
22              (4) describes the partnership with the industry
23       partner of the eligible entity, including—
24                  (A) the commitments and in-kind contribu-
25              tions made by the industry partner; and


      † S 1260 ES
                              441
1                  (B) the role of the industry partner in cur-
2              riculum development, the degree program, and
3              internships and apprenticeships; and
4              (5) includes data on internship, apprenticeship,
5       and employment opportunities and placements.
 6      (k) OVERSIGHT.—
 7             (1) AUDITS.—The Inspector General of the De-
 8      partment of Commerce shall audit the Grant Pro-
 9      gram in order to—
10                 (A) ensure that eligible entities use covered
11             grant amounts in accordance with—
12                       (i) the requirements of this section;
13                 and
14                       (ii) the overall purpose of the Grant
15                 Program, as described in subsection (c);
16                 and
17                 (B) prevent waste, fraud, and abuse in the
18             operation of the Grant Program.
19             (2) REVOCATION       OF FUNDS.—The     Assistant
20      Secretary shall revoke a grant awarded to an eligible
21      entity that is not in compliance with the require-
22      ments of this section or the overall purpose of the
23      Grant Program, as described in subsection (c).




     † S 1260 ES
                               442
 1      (l) ANNUAL REPORT TO CONGRESS.—Each year,
 2 until all covered grants have expired, the Assistant Sec-
 3 retary shall submit to Congress a report that—
 4             (1) identifies each eligible entity that received a
 5      covered grant and the amount of the covered grant;
 6             (2) describes the progress each eligible entity
 7      described in paragraph (1) has made toward accom-
 8      plishing the overall purpose of the Grant Program,
 9      as described in subsection (c);
10             (3) summarizes the job placement status or ap-
11      prenticeship opportunities of students who have par-
12      ticipated in the training program of the eligible enti-
13      ty; and
14             (4) includes the findings of any audits con-
15      ducted by the Inspector General of the Department
16      of Commerce under subsection (k)(1) that were not
17      included in the previous report submitted under this
18      subsection.
19      (m) AUTHORIZATION OF APPROPRIATIONS.—
20             (1) IN GENERAL.—There is authorized to be
21      appropriated to the Fund a total of $100,000,000
22      for fiscal years 2022 through 2027, to remain avail-
23      able until expended.
24             (2) ADMINISTRATION.—The Assistant Secretary
25      may use not more than 2 percent of the amounts ap-


     † S 1260 ES
                               443
1        propriated to the Fund for the administration of the
2        Grant Program.
 3   SEC. 2510. COUNTRY OF ORIGIN LABELING ONLINE ACT.

 4       (a) MANDATORY ORIGIN AND LOCATION DISCLO-
5    SURE FOR       PRODUCTS OFFERED       FOR   SALE   ON THE

 6 INTERNET.—
 7              (1) IN GENERAL.—It shall be unlawful for a
 8       product that is required to be marked under section
 9       304 of the Tariff Act of 1930 (19 U.S.C. 1304) or
10       its implementing regulations to be introduced, sold,
11       advertised, or offered for sale in commerce on an
12       internet website unless the internet website descrip-
13       tion of the product—
14                   (A)(i) indicates in a conspicuous place the
15              country of origin of the product, in a manner
16              consistent with the regulations prescribed under
17              section 304 of the Tariff Act of 1930 (19
18              U.S.C. 1304) and the country of origin marking
19              regulations administered by U.S. Customs and
20              Border Protection; and
21                   (ii) includes, in the case of—
22                       (I) a new passenger motor vehicle (as
23                   defined in section 32304 of title 49, United
24                   States Code), the disclosure required by
25                   such section;


      † S 1260 ES
                               444
 1                        (II) a textile fiber product (as defined
 2                  in section 2 of the Textile Fiber Products
 3                  Identification Act (15 U.S.C. 70b)), the
 4                  disclosure required by such Act;
 5                        (III) a wool product (as defined in
 6                  section 2 of the Wool Products Labeling
 7                  Act of 1939 (15 U.S.C. 68)), the disclo-
 8                  sure required by such Act;
 9                        (IV) a fur product (as defined in sec-
10                  tion 2 of the Fur Products Labeling Act
11                  (15 U.S.C. 69)), the disclosure required by
12                  such Act; and
13                        (V) a covered commodity (as defined
14                  in section 281 of the Agricultural Mar-
15                  keting Act of 1946 (7 U.S.C. 1638)), the
16                  country of origin information required by
17                  section 282 of such Act (7 U.S.C. 1638a);
18                  and
19                  (B) indicates in a conspicuous place the
20             country in which the seller of the product is lo-
21             cated (and, if applicable, the country in which
22             any parent corporation of such seller is lo-
23             cated).
24             (2) LIMITATION.—The disclosure of a product’s
25      country of origin required pursuant to paragraph


     † S 1260 ES
                             445
 1       (1)(A) shall not be made in such a manner as to
 2       represent to a consumer that the product is in
 3       whole, or part, of United States origin, unless such
 4       disclosure is consistent with section 5 of the Federal
 5       Trade Commission Act (15 U.S.C. 45(a)), provided
 6       that no other Federal statute applies.
 7              (3) CERTAIN DRUG PRODUCTS.—It shall be un-
 8       lawful for a drug that is not subject to section
 9       503(b)(1) of the Federal Food, Drug, and Cosmetic
10       Act (21 U.S.C. 353(b)(1)) and that is required to be
11       marked under section 304 of the Tariff Act of 1930
12       (19 U.S.C. 1304) to be offered for sale in commerce
13       to consumers on an internet website unless the inter-
14       net website description of the drug indicates in a
15       conspicuous manner the name and place of business
16       of the manufacturer, packer, or distributor that is
17       required to appear on the label of the drug in ac-
18       cordance with section 502(b) of the Federal Food,
19       Drug, and Cosmetic Act (21 U.S.C. 352(b)).
20       (b) PROHIBITION ON FALSE AND MISLEADING REP-
21   RESENTATION OF      UNITED STATES ORIGIN ON PROD-
22   UCTS.—

23              (1)   UNLAWFUL     ACTIVITY.—Notwithstanding

24       any other provision of law, it shall be unlawful to
25       make any false or deceptive representation that a


      † S 1260 ES
                             446
 1      product or its parts or processing are of United
 2      States origin in any labeling, advertising, or other
 3      promotional materials, or any other form of mar-
 4      keting, including marketing through digital or elec-
 5      tronic means in the United States.
 6             (2) DECEPTIVE REPRESENTATION.—For pur-
 7      poses of paragraph (1), a representation that a
 8      product is in whole, or in part, of United States ori-
 9      gin is deceptive if, at the time the representation is
10      made, such claim is not consistent with section 5 of
11      the Federal Trade Commission Act (15 U.S.C.
12      45(a)), provided that no other Federal statute ap-
13      plies.
14      (c) ENFORCEMENT BY COMMISSION.—
15             (1) UNFAIR OR DECEPTIVE ACTS OR PRAC-
16      TICES.—A violation of subsection (a) or (b) shall be

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


     † S 1260 ES
                                447
 1             Commission Act (15 U.S.C. 41 et seq.) were in-
 2             corporated into and made a part of this section.
 3                   (B) PRIVILEGES AND IMMUNITIES.—Any
 4             person that violates subsection (a) or (b) shall
 5             be subject to the penalties and entitled to the
 6             privileges and immunities provided in the Fed-
 7             eral Trade Commission Act (15 U.S.C. 41 et
 8             seq.) as though all applicable terms and provi-
 9             sions of that Act were incorporated and made
10             part of this section.
11                   (C) AUTHORITY PRESERVED.—Nothing in
12             this section may be construed to limit the au-
13             thority of the Commission under any other pro-
14             vision of law.
15             (3)   INTERAGENCY       AGREEMENT.—Not     later
16      than 6 months after the date of enactment of this
17      division, the Commission and U.S. Customs and
18      Border Protection shall—
19                   (A) enter into a Memorandum of Under-
20             standing or other appropriate agreement for the
21             purpose of providing consistent implementation
22             of this section; and
23                   (B) publish such agreement to provide
24             public guidance.




     † S 1260 ES
                                   448
1               (4) DEFINITION OF COMMISSION.—In this sub-
2        section, the term ‘‘Commission’’ means the Federal
3        Trade Commission.
 4       (d) EFFECTIVE DATE.—This section shall take effect
 5 9 months after the date of enactment of this division.
 6   SEC. 2511. COUNTRY OF ORIGIN LABELING FOR KING CRAB

 7                  AND TANNER CRAB.

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

20                  BLES.

21       (a) DEFINITIONS.—In this section:
22              (1) ASSISTANT SECRETARY.—The term ‘‘Assist-
23       ant Secretary’’ means the Assistant Secretary of
24       Commerce for Communications and Information.




      † S 1260 ES
                               449
 1             (2) CORE       BASED   STATISTICAL   AREA.—The

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




     † S 1260 ES
                              450
1       and content delivery networks exchange internet
2       traffic between their networks.
3              (6) STATE.—The term ‘‘State’’ has the mean-
4       ing given the term in section 3 of the Communica-
5       tions Act of 1934 (47 U.S.C. 153).
 6             (7) SUBMARINE CABLE LANDING STATION.—
 7      The term ‘‘submarine cable landing station’’ means
 8      a cable landing station, as that term is used in sec-
 9      tion 1.767(a)(5) of title 47, Code of Federal Regula-
10      tions (or any successor regulation), that can be uti-
11      lized to land a submarine cable by an entity that has
12      obtained a license under the first section of the Act
13      entitled ‘‘An Act relating to the landing and oper-
14      ation of submarine cables in the United States’’, ap-
15      proved May 27, 1921 (47 U.S.C. 34) (commonly
16      known as the ‘‘Cable Landing Licensing Act’’).
17      (b) INTERNET EXCHANGE FACILITY GRANTS.—
18             (1) GRANTS.—Not later than 1 year after the
19      date on which amounts are made available under
20      subsection (e), the Assistant Secretary shall award
21      grants to entities to acquire real property and nec-
22      essary equipment to—
23                 (A) establish a new internet exchange facil-
24             ity in a core based statistical area in which, at




     † S 1260 ES
                                 451
1              the time the grant is awarded, there are no ex-
2              isting internet exchange facilities; or
3                     (B) expand operations at an existing inter-
4              net exchange facility in a core based statistical
5              area in which, at the time the grant is awarded,
6              there is only 1 internet exchange facility.
 7             (2) ELIGIBILITY.—To be eligible to receive a
 8      covered grant, an entity shall—
 9                    (A) have sufficient interest from third
10             party entities that will use the internet ex-
11             change facility to be funded by the grant once
12             the facility is established or operations are ex-
13             panded, as applicable;
14                    (B) have sovereign control over the land or
15             building in which the internet exchange facility
16             is to be housed;
17                    (C) provide evidence of direct conduit,
18             duct, and manhole access to public rights-of-
19             way;
20                    (D) have a plan to establish security proto-
21             cols for the internet exchange facility to prevent
22             physical or electronic intrusion from unauthor-
23             ized users; and




     † S 1260 ES
                              452
1                  (E) provide other information required by
2              the Assistant Secretary to protect against
3              waste, fraud, or abuse.
4              (3) FEDERAL SHARE.—The Federal share of
5       the total cost of the establishment of, or expansion
6       of operations at, an internet exchange facility for
7       which a covered grant is awarded may not exceed 50
8       percent.
 9             (4) GRANT AMOUNT.—The amount of a covered
10      grant may not exceed $3,000,000.
11             (5) APPLICATIONS.—
12                 (A) RULES     AND TIMELINES.—Not         later
13             than 1 year after the date of enactment of this
14             division, the Assistant Secretary shall establish
15             rules and timelines for applications for—
16                      (i) covered grants; and
17                      (ii) grants under subsection (c).
18                 (B) THIRD PARTY REVIEW.—To prevent
19             fraud in the covered grant program, the Assist-
20             ant Secretary shall enter into a contract with
21             an independent third party under which the
22             third party reviews an application for a covered
23             grant not later than 60 days after the date on
24             which the application is submitted to ensure




     † S 1260 ES
                                453
 1              that only an entity that is eligible for a covered
 2              grant receives a covered grant.
 3              (6) RULE OF CONSTRUCTION.—Nothing in this
 4       subsection shall be construed to authorize the Assist-
 5       ant Secretary to regulate, issue guidance for, or oth-
 6       erwise interfere with the activities at an internet ex-
 7       change facility.
 8       (c)        SUBMARINE    CABLE        LANDING   STATION
 9 GRANTS.—Not later than 1 year after the date on which
10 amounts are made available under subsection (e), and in
11 accordance with the rules and timelines established under
12 subsection (b)(5)(A), the Assistant Secretary shall award
13 grants to States and Indian Tribes to build infrastructure
14 and acquire necessary equipment to establish or expand
15 an open-access, carrier-neutral submarine cable landing
16 station that serves a military facility.
17       (d) REPORT.—Not later than 5 years after the date
18 of enactment of this division, and annually thereafter for
19 5 years, the Assistant Secretary shall submit a report on
20 outcomes of grants awarded under this section to—
21              (1) the Committee on Commerce, Science, and
22       Transportation of the Senate; and
23              (2) the Committee on Energy and Commerce of
24       the House of Representatives.
25       (e) AUTHORIZATION OF APPROPRIATIONS.—


      † S 1260 ES
                              454
 1              (1) IN GENERAL.—There is authorized to be
 2       appropriated $35,000,000 to carry out subsections
 3       (b) and (c).
 4              (2) LIMITATION.—The Assistant Secretary may
 5       not use more than 10 percent of the amounts made
 6       available under paragraph (1) to administer and re-
 7       port on the outcomes of grants awarded under this
 8       section.
 9       (f) RETURN OF CERTAIN GRANT AMOUNTS.—The
10 Assistant Secretary may require a recipient of a grant
11 awarded under subsection (b) or (c) to return all or a por-
12 tion of the grant amount if there is evidence of waste,
13 fraud, or abuse of grant funds by the recipient.
14   SEC. 2513. STUDY OF SISTER CITY PARTNERSHIPS OPER-

15                  ATING WITHIN THE UNITED STATES INVOLV-

16                  ING FOREIGN COMMUNITIES IN COUNTRIES

17                  WITH SIGNIFICANT PUBLIC SECTOR CORRUP-

18                  TION.

19       (a) SHORT TITLE.—This section may be cited as the
20 ‘‘Sister City Transparency Act’’.
21       (b) DEFINITIONS.—In this section:
22              (1) APPROPRIATE     CONGRESSIONAL     COMMIT-

23       TEES.—The      term ‘‘appropriate congressional com-
24       mittees’’ means—




      † S 1260 ES
                               455
1                  (A) the Committee on Foreign Relations of
2              the Senate;
3                  (B) the Committee on Health, Education,
4              Labor, and Pensions of the Senate;
5                  (C) the Committee on Armed Services of
6              the Senate;
7                  (D) the Committee on Foreign Affairs of
8              the House of Representatives;
9                  (E) the Committee on Education and
10             Labor of the House of Representatives; and
11                 (F) the Committee on Armed Services of
12             the House of Representatives.
13             (2) FOREIGN COMMUNITY.—The term ‘‘foreign
14      community’’ means any subnational unit of govern-
15      ment outside of the United States.
16             (3) SISTER      CITY   PARTNERSHIP.—The   term
17      ‘‘sister city partnership’’ means a formal agreement
18      between a United States community and a foreign
19      community that—
20                 (A) is recognized by Sister Cities Inter-
21             national; and
22                 (B) is operating within the United States.
23             (4) UNITED STATES COMMUNITY.—The term
24      ‘‘United States community’’ means a State, county,




     † S 1260 ES
                               456
1        city, or other unit of local government in the United
2        States.
 3       (c) STUDY OF SISTER CITY PARTNERSHIPS OPER-
4    ATING   WITHIN THE UNITED STATES INVOLVING FOR-
5    EIGN    COMMUNITIES IN COUNTRIES WITH SIGNIFICANT
6 PUBLIC SECTOR CORRUPTION.—
 7              (1) IN GENERAL.—The Comptroller General of
 8       the United States shall conduct a study of the activi-
 9       ties of sister city partnerships involving foreign com-
10       munities in countries receiving a score of 45 or less
11       on Transparency International’s 2019 Corruption
12       Perceptions Index.
13              (2) ELEMENTS     OF THE STUDY.—The          study
14       conducted under paragraph (1) shall—
15                  (A) identify—
16                       (i) the criteria by which foreign com-
17                  munities identify United States commu-
18                  nities as candidates for sister city partner-
19                  ships, including themes with respect to the
20                  prominent economic activities and demo-
21                  graphics of such United States commu-
22                  nities;
23                       (ii) the activities conducted within sis-
24                  ter city partnerships;




      † S 1260 ES
                                 457
 1                      (iii) the economic and educational out-
 2                 comes of such activities;
 3                      (iv) the types of information that sis-
 4                 ter city partnerships make publicly avail-
 5                 able, including information relating to con-
 6                 tracts and activities;
 7                      (v) the means by which United States
 8                 communities safeguard freedom of expres-
 9                 sion within sister city partnerships; and
10                      (vi)     the   oversight   practices   that
11                 United States communities implement to
12                 mitigate the risks of foreign espionage and
13                 economic coercion within sister city part-
14                 nerships;
15                 (B) assess—
16                      (i) the extent to which United States
17                 communities ensure transparency regard-
18                 ing sister city partnership contracts and
19                 activities;
20                      (ii) the extent to which sister city
21                 partnerships involve economic arrange-
22                 ments that make United States commu-
23                 nities vulnerable to malign market prac-
24                 tices;




     † S 1260 ES
                                458
 1                         (iii) the extent to which sister city
 2                 partnerships involve educational arrange-
 3                 ments that diminish the freedom of expres-
 4                 sion;
 5                         (iv) the extent to which sister city
 6                 partnerships allow foreign nationals to ac-
 7                 cess local commercial, educational, and po-
 8                 litical institutions;
 9                         (v) the extent to which foreign com-
10                 munities could use sister city partnerships
11                 to realize strategic objectives that do not
12                 conduce to the economic and national secu-
13                 rity interests of the United States;
14                         (vi) the extent to which sister city
15                 partnerships could enable or otherwise con-
16                 tribute to foreign communities’ malign ac-
17                 tivities globally, including activities relating
18                 to human rights abuses and academic and
19                 industrial espionage; and
20                         (vii) the extent to which United States
21                 communities seek to mitigate foreign na-
22                 tionals’ potentially inappropriate use of
23                 visa programs to participate in activities
24                 relating to sister city partnerships; and
25                 (C) review—


     † S 1260 ES
                              459
 1                      (i) the range of activities conducted
 2                 within sister city partnerships, including
 3                 activities relating to cultural exchange and
 4                 economic development;
 5                      (ii) how such activities differ between
 6                 sister city partnerships; and
 7                      (iii) best practices to ensure trans-
 8                 parency regarding sister city partnerships’
 9                 agreements, activities, and employees.
10             (3) REPORT.—
11                 (A) IN     GENERAL.—Not         later than 6
12             months after initiating the study required under
13             paragraph (1), the Comptroller General shall
14             submit a report to the appropriate congres-
15             sional committees that contains the results of
16             such study, including the findings, conclusions,
17             and recommendations (if any) of the study.
18                 (B) FORM.—The report required under
19             subparagraph (A) may include a classified
20             annex, if necessary.




     † S 1260 ES
                                   460
 1   SEC. 2514. PROHIBITION ON TRANSFER, ASSIGNMENT, OR

 2                  DISPOSITION OF CONSTRUCTION PERMITS

 3                  AND STATION LICENSES TO ENTITIES SUB-

 4                  JECT TO UNDUE INFLUENCE BY THE CHI-

 5                  NESE COMMUNIST PARTY OR THE GOVERN-

 6                  MENT     OF    THE   PEOPLE’S   REPUBLIC   OF

 7                  CHINA.

 8       The Federal Communications Commission shall, pur-
 9 suant to section 310 of the Communications Act of 1934
10 (47 U.S.C. 310), prohibit the transfer, assignment, or dis-
11 position of construction permits and station licenses to an
12 entity that is subject to undue influence by the Chinese
13 Communist Party or the Government of the People’s Re-
14 public of China.
15   SEC. 2515. LIMITATION ON NUCLEAR COOPERATION WITH

16                  THE PEOPLE’S REPUBLIC OF CHINA.

17       (a) IN GENERAL.—The President shall not—
18              (1) develop, design, plan, promulgate, imple-
19       ment, or execute a bilateral policy, program, order,
20       or contract of any kind to participate in, collaborate
21       on, or coordinate bilaterally in any manner with re-
22       spect to nuclear cooperation activities, or otherwise
23       engage in nuclear cooperation, with—
24                   (A) the Government of the People’s Repub-
25              lic of China; or
26                   (B) any company—
      † S 1260 ES
                                 461
 1                         (i) owned by the Government of the
 2                    People’s Republic of China; or
 3                         (ii) incorporated under the laws of the
 4                    People’s Republic of China; or
 5             (2) allow any agency of the United States Gov-
 6      ernment to host official visitors at a facility belong-
 7      ing to the agency if those visitors are—
 8                    (A) officials, corporate officers, or principal
 9             shareholders of any entity described in subpara-
10             graph (A) or (B) of paragraph (1); or
11                    (B) individuals subject to undue influence
12             by the individuals described in subparagraph
13             (A).
14      (b) REVIEW OF PRIOR NUCLEAR COOPERATION AND
15 ASSOCIATED IMPACTS.—
16             (1) AGREEMENT.—Not later than 60 days after
17      the date of enactment of this division, the Secretary
18      of State shall seek to enter into an agreement with
19      the National Academy of Public Administration (re-
20      ferred to in this section as the ‘‘National Academy’’)
21      to carry out the review and assessment described in
22      paragraph (2) and submit the report described in
23      paragraph (3).
24             (2) REVIEW AND ASSESSMENT.—




     † S 1260 ES
                              462
 1                 (A) IN GENERAL.—Under the agreement
 2             described in paragraph (1), the National Acad-
 3             emy shall—
 4                      (i) conduct a review of nuclear co-
 5                 operation during the 25-year period ending
 6                 on the date of enactment of this division
 7                 between the United States Government
 8                 and the People’s Republic of China, includ-
 9                 ing the role of the Department of State in
10                 facilitating such cooperation; and
11                      (ii) perform an assessment of the im-
12                 plications of the cooperation described in
13                 clause (i) on the national security of the
14                 United States.
15                 (B) ELEMENTS.—In conducting the review
16             and assessment under subparagraph (A), the
17             National Academy shall examine all cooperative
18             activities relating to nuclear cooperation be-
19             tween the United States Government and the
20             People’s Republic of China during the 25-year
21             period ending on the date of enactment of this
22             division, including—
23                      (i) all trips relating to nuclear co-
24                 operation taken by officials of the Depart-




     † S 1260 ES
                                 463
1                   ment of State to the People’s Republic of
2                   China;
3                        (ii) all exchanges of goods, services,
4                   data, or information between officials of
5                   the United States Government and an enti-
6                   ty described in subparagraph (A) or (B) of
7                   subsection (a)(1); and
8                   (C) all instances in which officials of the
9              United States Government hosted officials
10             from, or significantly tied to, an entity de-
11             scribed in subparagraph (A) or (B) of sub-
12             section (a)(1).
13             (3) DEADLINE AND REPORT.—Not later than 1
14      year after the date on which the Secretary and the
15      National Academy enter into an agreement described
16      in paragraph (1), the National Academy shall—
17                  (A) complete the review and assessment
18             described in paragraph (2); and
19                  (B) submit a report containing the results
20             of the review and assessment, which shall be
21             unclassified but, if necessary, may contain a
22             classified annex, to—
23                       (i) the Secretary; and
24                       (ii) the appropriate congressional com-
25                  mittees.


     † S 1260 ES
                               464
 1             (4) PUBLICATION.—Not later than 60 days
 2      after the date on which the National Academy sub-
 3      mits the report under paragraph (3), the Secretary
 4      shall make the report publically available in an easily
 5      accessible     electronic    format,   with    appropriate
 6      redactions for information that, in the determination
 7      of the Secretary, would be damaging to the national
 8      security of the United States if disclosed.
 9      (c) WAIVERS.—
10             (1) WAIVER     FOR COUNTERTERRORISM; NON-

11      PROLIFERATION ACTIVITIES; AND THE NATIONAL IN-

12      TEREST.—The        President may waive the limitation
13      under subsection (a)—
14                   (A) to continue ongoing activities with the
15             People’s Republic of China relating to nuclear
16             and radiological counterterrorism, nuclear and
17             radiological counterproliferation, and nuclear
18             and radiological nonproliferation; or
19                   (B) if the President determines that such
20             waiver is in the national interests of the United
21             States, provided the Federal Bureau of Inves-
22             tigation certifies prior to such waiver that the
23             persons covered under such waiver—
24                       (i) are not subject to undue influence
25                   by the Government of the People’s Repub-


     † S 1260 ES
                             465
 1                 lic of China or the Chinese Communist
 2                 Party, or by officials of the People’s Re-
 3                 public of China or the Chinese Communist
 4                 Party; and
 5                     (ii) are not engaged in human rights
 6                 abuses.
 7             (2) WAIVER TO ADDRESS EMERGENCIES.—Sub-
 8      ject to receiving appropriate licenses and other au-
 9      thorizations, the President may waive the limitation
10      under subsection (a) to allow transfers of technology
11      and equipment to address a nuclear or radiological
12      emergency.
13             (3) NOTIFICATION REQUIREMENT.—The Presi-
14      dent shall notify Congress of any waiver issued
15      under paragraph (1) or (2).
16      (d) DEFINITIONS.—In this section:
17             (1) NUCLEAR COOPERATION.—The term ‘‘nu-
18      clear cooperation’’ means cooperation with respect to
19      nuclear activities, including the development, use, or
20      control of atomic energy, including any activities in-
21      volving the processing or utilization of source mate-
22      rial, byproduct material, or special nuclear material
23      (as those terms are defined in section 11 of the
24      Atomic Energy Act of 1954 (42 U.S.C. 2014)).




     † S 1260 ES
                               466
 1              (2) NUCLEAR COOPERATION ACTIVITIES.—The
 2       term ‘‘nuclear cooperation activities’’ means activi-
 3       ties relating to nuclear cooperation.
 4       (e) RULE OF CONSTRUCTION.— Nothing in this divi-
 5 sion shall be construed to prohibit—
 6              (1) United States commercial activities, pro-
 7       vided such activities are consistent with the laws and
 8       regulations of the United States; and
 9              (2) limited diplomatic engagement or dia-
10       logue—
11                  (A) including regarding protection of the
12              intellectual property and trade secrets of Amer-
13              ican persons; and
14                  (B) except for any diplomatic engagement
15              or dialogue relating to or aimed at facilitating
16              the transfer of nuclear technology.
17   SEC. 2516. CERTIFICATION.

18       Section 1260I(a) of the National Defense Authoriza-
19 tion Act for Fiscal Year 2020 (Public Law 116–92; 113
20 Stat. 1687) is amended—
21              (1) by inserting ‘‘and’’ at the end of paragraph
22       (2); and
23              (2) by striking paragraphs (3) and (4) and in-
24       serting the following:




      † S 1260 ES
                                 467
1               ‘‘(3) Huawei does not pose an ongoing threat to
2        the critical infrastructure of the United States or its
3        allies.’’.
4    SEC. 2517. FAIRNESS AND DUE PROCESS IN STANDARDS-

5                     SETTING BODIES.

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

 8       GRESS.—The term ‘‘appropriate committees of Con-

 9       gress’’ means—
10                     (A) the Committee on Commerce, Science,
11              and Transportation of the Senate;
12                     (B) the Committee on Armed Services of
13              the Senate;
14                     (C) the Select Committee on Intelligence of
15              the Senate;
16                     (D) the Committee on Foreign Relations of
17              the Senate;
18                     (E) the Committee on Science, Space, and
19              Technology of the House of Representatives;
20                     (F) the Committee on Armed Services of
21              the House of Representatives;
22                     (G) the Permanent Select Committee on
23              Intelligence of the House of Representatives;
24              and




      † S 1260 ES
                              468
1                    (H) the Committee on Foreign Affairs of
2              the House of Representatives.
 3             (2) ASSISTANT SECRETARY.—The term ‘‘Assist-
 4      ant Secretary’’ means the Assistant Secretary of
 5      Commerce for Communications and Information.
 6      (b) STUDY.—
 7             (1) IN GENERAL.—Not later than 270 days
 8      after the date of enactment of this division, the Sec-
 9      retary of Commerce, acting through the Assistant
10      Secretary, shall submit to the appropriate commit-
11      tees of Congress the results of a study identifying
12      opportunities for improved participation by United
13      States Government experts in the standardization
14      activities of the Telecommunication Standardization
15      Sector of the International Telecommunication
16      Union.
17             (2)    CONSULTATIONS      REQUIRED.—In     con-
18      ducting the study required under paragraph (1), the
19      Assistant Secretary shall—
20                   (A) consult with—
21                       (i) the Under Secretary of State for
22                   Economic Growth, Energy, and the Envi-
23                   ronment; and
24                       (ii) the Chairman of the Federal Com-
25                   munications Commission;


     † S 1260 ES
                                  469
 1                 (B) engage with the International Digital
 2             Economy      and     Telecommunication   Advisory
 3             Committee; and
 4                 (C) provide opportunities for all relevant
 5             stakeholders in the United States to provide
 6             meaningful input with respect to the conduct of
 7             the study.
 8             (3) CONTENTS.—The study required under
 9      paragraph (1) shall include—
10                 (A) the identification and assessment of
11             factors that serve as a barrier to the participa-
12             tion of United States Government experts in
13             the standards development activities of the
14             Telecommunication Standardization Sector of
15             the International Telecommunication Union, in-
16             cluding—
17                        (i) budgetary constraints;
18                        (ii) lack of awareness regarding the
19                 strategic importance of, and support for,
20                 participation in those activities;
21                        (iii) limited knowledge about opportu-
22                 nities for, and means of, participation with
23                 respect to those activities;
24                        (iv) the extent to which there are op-
25                 portunities for cooperation with govern-


     † S 1260 ES
                                 470
1                   ment experts from like-minded foreign al-
2                   lies with respect to those activities; and
3                        (v) any other barriers to effective par-
4                   ticipation in, and representation with re-
5                   spect to, those activities; and
6                   (B) recommendations regarding how the
7              barriers to increased and effective participation,
8              as identified under subparagraph (A), could be
9              addressed, which may include—
10                       (i) strategies and tactics to ensure
11                  long-term participation;
12                       (ii) means for improved information
13                  sharing and coordination—
14                               (I) among Federal Government
15                       participants;
16                               (II) between the public and pri-
17                       vate sectors; and
18                               (III) between the Federal Gov-
19                       ernment and like-minded foreign al-
20                       lies;
21                       (iii) identification of suitable leader-
22                  ship opportunities for Federal Government
23                  participants; and




     † S 1260 ES
                               471
 1                      (iv) any other recommendation that
 2                  the Assistant Secretary determines to be
 3                  appropriate.
 4   SEC. 2518. SHARK FIN SALES ELIMINATION.

 5       (a) SHORT TITLE.—This section may be cited as the
 6 ‘‘Shark Fin Sales Elimination Act of 2021’’.
 7       (b) PROHIBITION ON SALE OF SHARK FINS.—
 8              (1) PROHIBITION.—Except as provided in sub-
 9       section (c), no person shall possess, transport, offer
10       for sale, sell, or purchase shark fins or products con-
11       taining shark fins.
12              (2) PENALTY.—A violation of paragraph (1)
13       shall be treated as an act prohibited by section 307
14       of the Magnuson-Stevens Fishery Conservation and
15       Management Act (16 U.S.C. 1857) and shall be pe-
16       nalized pursuant to section 308(a) of that Act (16
17       U.S.C. 1858(a)), except that the maximum civil pen-
18       alty for each violation shall be $100,000, or the fair
19       market value of the shark fins involved, whichever is
20       greater.
21       (c) EXCEPTIONS.—A person may possess a shark fin
22 that was taken lawfully under a State, territorial, or Fed-
23 eral license or permit to take or land sharks, if the shark
24 fin is separated from the shark in a manner consistent
25 with the license or permit and is—


      † S 1260 ES
                              472
1              (1) destroyed or discarded upon separation;
2              (2) used for noncommercial subsistence pur-
3       poses in accordance with State or territorial law;
4              (3) used solely for display or research purposes
5       by a museum, college, or university, or other person
6       under a State or Federal permit to conduct non-
7       commercial scientific research; or
8              (4) retained by the license or permit holder for
9       a noncommercial purpose.
10      (d) DOGFISH.—
11             (1) IN GENERAL.—It shall not be a violation of
12      subsection (b) for any person to possess, transport,
13      offer for sale, sell, or purchase any fresh or frozen
14      raw fin or tail from any stock of the species
15      Mustelus     canis   (smooth   dogfish)   or   Squalus
16      acanthias (spiny dogfish).
17             (2) REPORT.—By not later than January 1,
18      2027, the Secretary of Commerce shall review the
19      exemption contained in paragraph (1) and shall pre-
20      pare and submit to Congress a report that includes
21      a recommendation on whether the exemption con-
22      tained in paragraph (1) should continue or be termi-
23      nated. In preparing such report and making such
24      recommendation, the Secretary shall analyze factors
25      including—


     † S 1260 ES
                                473
 1                  (A) the economic viability of dogfish fish-
 2              eries with and without the continuation of the
 3              exemption;
 4                  (B) the impact to ocean ecosystems of con-
 5              tinuing or terminating the exemption;
 6                  (C) the impact on enforcement of the ban
 7              contained in subsection (b) caused by the ex-
 8              emption; and
 9                  (D) the impact of the exemption on shark
10              conservation.
11       (e) DEFINITION OF SHARK FIN.—In this section, the
12 term ‘‘shark fin’’ means—
13              (1) the raw or dried or otherwise processed de-
14       tached fin of a shark; or
15              (2) the raw or dried or otherwise processed de-
16       tached tail of a shark.
17       (f) STATE AUTHORITY.—Nothing in this section may
18 be construed to preclude, deny, or limit any right of a
19 State or territory to adopt or enforce any regulation or
20 standard that is more stringent than a regulation or
21 standard in effect under this section.
22       (g) SEVERABILITY.—If any provision of this section
23 or its application to any person or circumstance is held
24 invalid, the invalidity does not affect other provisions or
25 applications of this section which can be given effect with-


      † S 1260 ES
                               474
 1 out the invalid provision or application, and to this end
 2 the provisions of this section are severable.
 3   SEC. 2519. SENSE OF CONGRESS ON FORCED LABOR.

 4       It is the sense of Congress that the Federal Govern-
 5 ment shall not engage in research, partnerships, contracts,
 6 or other agreements with any entity (including any coun-
 7 try or institution of higher education) that has any affili-
 8 ation with a country that engages in forced labor.
 9   SEC. 2520. OPEN NETWORK ARCHITECTURE.

10       (a) OPEN NETWORK ARCHITECTURE TESTBED.—
11              (1) DEFINITIONS.—In this subsection—
12                   (A) the term ‘‘Applied Research Open-
13              RAN testbed’’ means the testbed established
14              under paragraph (2);
15                   (B) the term ‘‘Assistant Secretary’’ means
16              the Assistant Secretary of Commerce for Com-
17              munications and Information; and
18                   (C) the term ‘‘NTIA’’ means the National
19              Telecommunications and Information Adminis-
20              tration.
21              (2) ESTABLISHMENT.—The Assistant Secretary
22       shall establish an applied research open network ar-
23       chitecture testbed at the Institute for Telecommuni-
24       cation Sciences of the NTIA to develop and dem-
25       onstrate network architectures and applications,


      † S 1260 ES
                              475
 1      equipment integration and interoperability at scale,
 2      including—
 3                 (A) Open Radio Access Network (com-
 4             monly known as ‘‘Open-RAN’’) technology;
 5                 (B) Virtualized Radio Access Network
 6             (commonly known as ‘‘vRAN’’) technology; and
 7                 (C) cloud native technologies that replicate
 8             telecommunications hardware as software-based
 9             virtual network elements and functions.
10             (3) FOCUS; CONSIDERATIONS.—In establishing
11      the Applied Research Open-RAN testbed pursuant
12      to this section, the Assistant Secretary shall ensure
13      that such testbed evaluates issues related to deploy-
14      ment and operation of open network architectures in
15      rural areas.
16             (4) COOPERATIVE RESEARCH AND DEVELOP-
17      MENT AGREEMENTS.—The Assistant Secretary shall

18      enter into cooperative research and development
19      agreements as appropriate to obtain equipment, de-
20      vices, and expertise for the Applied Research Open-
21      RAN testbed, in accordance with section 12 of the
22      Stevenson-Wydler Technology Innovation Act of
23      1980 (15 U.S.C. 3710a).
24             (5) PRIVATE    SECTOR   CONTRIBUTIONS.—The

25      Assistant Secretary may accept private contributions


     † S 1260 ES
                              476
 1      to the Applied Research Open-RAN testbed in the
 2      form of network equipment or devices for testing
 3      purposes.
 4             (6) PARTNERSHIP WITH GOVERNMENT ENTI-
 5      TIES.—

 6                  (A) ESTABLISHMENT.—In establishing the
 7             Applied Research Open-RAN testbed, the As-
 8             sistant Secretary shall—
 9                      (i) consult with the Federal Commu-
10                  nications Commission, including with re-
11                  spect to ongoing work by the Commission
12                  to develop other testbeds, including private
13                  sector testbeds, related to Open-RAN tech-
14                  nologies; and
15                      (ii) ensure that the work on the
16                  testbed is coordinated with the responsibil-
17                  ities of the Assistant Secretary under any
18                  relevant memorandum of understanding
19                  with the Federal Communications Commis-
20                  sion and the National Science Foundation
21                  related to spectrum.
22                  (B) OPERATIONS.—In operating the Ap-
23             plied Research Open-RAN testbed, the Assist-
24             ant Secretary shall, in consultation with the




     † S 1260 ES
                             477
1              Federal Communications Commission, partner
2              with—
3                       (i) the First Responder Network Au-
4                  thority of the NTIA (also known as
5                  ‘‘FirstNet’’) and the Public Safety Com-
6                  munications Research Division of the Na-
7                  tional Institute of Standards and Tech-
8                  nology to examine use cases and applica-
9                  tions for Open-RAN technologies in a pub-
10                 lic safety network;
11                      (ii) other Federal agencies, as appro-
12                 priate to examine use cases and applica-
13                 tions for Open-RAN technologies in other
14                 areas of interest to such agencies; and
15                      (iii) international partners, as appro-
16                 priate.
17             (7) STAKEHOLDER INPUT.—The Assistant Sec-
18      retary shall seek input from stakeholders regarding
19      the establishment and operation of the Applied Re-
20      search Open-RAN testbed.
21             (8) IMPLEMENTATION        DEADLINE.—Not       later
22      than 180 days after the date of enactment of this
23      division, the Assistant Secretary shall—
24                 (A) define metrics and parameters for the
25             Applied Research Open-RAN testbed, including


     † S 1260 ES
                              478
 1             functionality, project configuration and capac-
 2             ity, performance, security requirements, and
 3             quality assurance;
 4                 (B) adopt any rules as necessary, in con-
 5             sultation with the Federal Communications
 6             Commission; and
 7                 (C) begin the development of the Applied
 8             Research Open-RAN testbed, including seeking
 9             stakeholder input as required by paragraph (7).
10             (9) REPORT.—Not later than 1 year after the
11      date of enactment of this division, the Assistant Sec-
12      retary shall submit to the Committee on Commerce,
13      Science and Transportation of the Senate and the
14      Committee on Energy and Commerce of the House
15      of Representatives a report on the findings of the
16      testbed and any recommendations for additional leg-
17      islative or regulatory actions relating to the work of
18      the testbed.
19             (10) AUTHORIZATION OF APPROPRIATIONS.—
20                 (A) IN GENERAL.—There are authorized to
21             be appropriated for the administration of the
22             Applied     Research        Open-RAN    testbed
23             $20,000,000 for fiscal year 2022, to remain
24             available until expended.




     † S 1260 ES
                                  479
 1                   (B) RULE OF CONSTRUCTION.—Nothing in
 2              paragraph (6) shall be construed to obligate
 3              FirstNet or any other Federal entity to pay for
 4              the cost of the Applied Research Open-RAN
 5              testbed created under this section in the ab-
 6              sence of the appropriation of amounts under
 7              this paragraph.
 8                   (C) AUTHORIZATION FOR VOLUNTARY SUP-
 9              PORT.—A     Federal entity, including FirstNet,
10              may voluntarily enter into an agreement with
11              NTIA to provide monetary or nonmonetary sup-
12              port for the Applied Research Open-RAN
13              testbed.
14       (b) PARTICIPATION IN STANDARDS-SETTING BOD-
15   IES.—

16              (1) DEFINITIONS.—In this section—
17                   (A) the term ‘‘Assistant Secretary’’ means
18              the Assistant Secretary of Commerce for Com-
19              munications and Information;
20                   (B) the term ‘‘eligible standards-setting
21              body’’—
22                         (i) means a standards-setting body,
23                   participation in which may be funded by a
24                   grant awarded under paragraph (2), as de-
25                   termined by the Assistant Secretary; and


      † S 1260 ES
                        480
 1                 (ii) includes—
 2                     (I) the 3rd Generation Partner-
 3                 ship Project (commonly known as
 4                 ‘‘3GPP’’);
 5                     (II)     the   Alliance    for   Tele-
 6                 communications      Industry    Solutions
 7                 (commonly known as ‘‘ATIS’’);
 8                     (III)    the   International     Tele-
 9                 communications       Union     (commonly
10                 known as ‘‘ITU’’);
11                     (IV) the Institute for Electrical
12                 and Electronics Engineers (commonly
13                 known as ‘‘IEEE’’);
14                     (V)              the             World
15                 Radiocommunications           Conferences
16                 (commonly known as the ‘‘WRC’’) of
17                 the ITU;
18                     (VI) the Internet Engineering
19                 Task Force (commonly known as the
20                 ‘‘IETF’’);
21                     (VII) the International Organiza-
22                 tion for Standardization (commonly
23                 known as the ‘‘ISO’’) and the Inter-
24                 national Electrotechnical Commission
25                 (commonly known as the ‘‘IEC’’);


     † S 1260 ES
                                481
 1                             (VIII) the O-RAN Alliance;
 2                             (IX) the Telecommunications In-
 3                         dustry Association (commonly known
 4                         as ‘‘TIA’’); and
 5                             (X) any other standards-setting
 6                         body identified under paragraph (4);
 7                  (C) the term ‘‘Secretary’’ means the Sec-
 8             retary of Commerce; and
 9                  (D) the term ‘‘standards-setting body’’
10             means an international body that develops the
11             standards for open network architecture tech-
12             nologies.
13             (2) GRANT PROGRAM.—
14                  (A) IN GENERAL.—The Secretary, in col-
15             laboration with the Assistant Secretary, shall
16             award grants to private sector entities based in
17             the United States to participate in eligible
18             standards-setting bodies.
19                  (B) PRIORITIZATION.—The Secretary shall
20             prioritize grants awarded under this section to
21             private sector entities that would not otherwise
22             be able to participate in eligible standards-set-
23             ting bodies without the grant.
24             (3) GRANT CRITERIA.—Not later than 180 days
25      after the date on which amounts are appropriated


     † S 1260 ES
                              482
 1      under paragraph (5), the Secretary, in collaboration
 2      with the Assistant Secretary, shall establish criteria
 3      for the grants awarded under paragraph (2).
 4             (4) CONSULTATION      WITH FEDERAL COMMU-

 5      NICATIONS COMMISSION.—The          Secretary shall con-
 6      sult with the Federal Communications Commission
 7      in—
 8                  (A) determining criteria for the grants
 9             awarded under paragraph (2); and
10                  (B) determining which standards-setting
11             bodies, if any, in addition to the standards-set-
12             ting bodies listed in paragraph (1)(B)(ii) are el-
13             igible standards-setting bodies.
14             (5) AUTHORIZATION OF APPROPRIATIONS.—
15                  (A) IN GENERAL.—There are authorized to
16             be appropriated for grants under paragraph (2)
17             $30,000,000 in total for fiscal years 2022
18             through 2025, to remain available until ex-
19             pended.
20                  (B) ADMINISTRATIVE         COSTS.—The   Sec-
21             retary may use not more than 2 percent of any
22             funds appropriated under this paragraph for
23             the administration of the grant program estab-
24             lished under this subsection.




     † S 1260 ES
                               483
 1   SEC. 2521. COMBATTING SEXUAL HARASSMENT IN SCIENCE.

2        (a) DEFINITIONS.—This section may be cited as the
3 ‘‘Combating Sexual Harassment in Science Act of 2021’’.
4        (b) DEFINITIONS.—In this section:
 5              (1) DIRECTOR.—The term ‘‘Director’’ means
 6       the Director of the National Science Foundation.
 7              (2) FEDERAL    SCIENCE     AGENCY.—The    term
 8       ‘‘Federal science agency’’ means any Federal agency
 9       with an annual extramural research expenditure of
10       over $100,000,000.
11              (3) GRANT PERSONNEL.—The term ‘‘grant per-
12       sonnel’’ means principal investigators and co-prin-
13       cipal investigators supported by a grant award under
14       Federal law and their trainees.
15              (4) INSTITUTION OF HIGHER EDUCATION.—The
16       term ‘‘institution of higher education’’ has the
17       meaning given such term in section 101 of the High-
18       er Education Act of 1965 (20 U.S.C. 1001).
19              (5) NATIONAL    ACADEMIES.—The     term ‘‘Na-
20       tional Academies’’ means the National Academies of
21       Sciences, Engineering, and Medicine.
22              (6) RECIPIENT.—The term ‘‘recipient’’ means
23       an entity, usually a non-Federal entity, that receives
24       a Federal award directly from a Federal awarding
25       agency. The term ‘‘recipient’’ does not include enti-


      † S 1260 ES
                              484
 1      ties that receive subgrants or individuals that are
 2      the beneficiaries of the award.
 3             (7) SEXUAL HARASSMENT.—The term ‘‘sexual
 4      harassment’’ has the meaning given such term in
 5      section 1604.11 of title 29, Code of Federal Regula-
 6      tions (or any successor regulations).
 7      (c) RESEARCH GRANTS.—
 8             (1) IN GENERAL.—The Director shall award
 9      grants, on a competitive basis, to institutions of
10      higher education or nonprofit organizations (or con-
11      sortia of such institutions or organizations)—
12                 (A) to expand research efforts to better
13             understand the factors contributing to, and con-
14             sequences of, sexual harassment affecting indi-
15             viduals in the scientific, technical, engineering,
16             and mathematics workforce, including students
17             and trainees; and
18                 (B) to examine best practices to reduce the
19             incidence and negative consequences of such
20             harassment.
21             (2) USE OF FUNDS.—Activities funded by a
22      grant under this subsection may include—
23                  (A) research on the sexual harassment ex-
24             periences of individuals in underrepresented or
25             vulnerable groups, including communities of


     † S 1260 ES
                               485
1              color, disabled individuals, foreign nationals,
2              sexual- and gender-minority individuals, and
3              others;
4                   (B) development and assessment of poli-
5              cies, procedures, trainings, and interventions,
6              with respect to sexual harassment, conflict
7              management, and ways to foster respectful and
8              inclusive climates;
9                   (C) research on approaches for remedi-
10             ating the negative impacts and outcomes of
11             such harassment on individuals experiencing
12             such harassment;
13                  (D) support for institutions of higher edu-
14             cation or nonprofit organizations to develop,
15             adapt, implement, and assess the impact of in-
16             novative, evidence-based strategies, policies, and
17             approaches to policy implementation to prevent
18             and address sexual harassment;
19                  (E) research on alternatives to the power
20             dynamics and hierarchical and dependent rela-
21             tionships in academia that have been shown to
22             create higher levels of risk for and lower levels
23             of reporting of sexual harassment; and




     † S 1260 ES
                               486
 1                  (F) research related to the ongoing com-
 2              pilation, management, and analysis of organiza-
 3              tional climate survey data.
 4       (d) DATA COLLECTION.—Not later than 180 days
 5 after the date of enactment of this division, the Director,
 6 through the National Center for Science and Engineering
 7 Statistics and with guidance from the Office of Manage-
 8 ment and Budget given their oversight of the Federal sta-
 9 tistical agencies, shall convene a working group composed
10 of representatives of Federal statistical agencies—
11              (1) to develop questions on sexual harassment
12       in science, technology, engineering, and mathematics
13       departments to gather national data on the preva-
14       lence, nature, and implications of sexual harassment
15       in institutions of higher education that builds on the
16       work conducted by the National Center for Science
17       and Engineering Statistics in response to rec-
18       ommendations from the National Academies to de-
19       velop questions on harassment; and
20              (2) to include such questions as appropriate,
21       with sufficient protections of the privacy of respond-
22       ents, in relevant surveys conducted by the National
23       Center for Science and Engineering Statistics and
24       other relevant entities.
25       (e) RESPONSIBLE CONDUCT GUIDE.—


      † S 1260 ES
                               487
 1             (1) IN GENERAL.—Not later than 180 days
 2      after the date of enactment of this division, the Di-
 3      rector shall enter into an agreement with the Na-
 4      tional Academies to update the report entitled ‘‘On
 5      Being a Scientist: A Guide to Responsible Conduct
 6      in Research’’ issued by the National Academies. The
 7      report, as so updated, shall include—
 8                  (A) updated professional standards of con-
 9             duct in research;
10                  (B) standards of treatment individuals can
11             expect to receive under such updated standards
12             of conduct;
13                  (C) evidence-based practices for fostering a
14             climate intolerant of sexual harassment;
15                  (D) methods, including bystander interven-
16             tion, for identifying and addressing incidents of
17             sexual harassment;
18                  (E) professional standards for mentorship
19             and teaching with an emphasis on power diffu-
20             sion mechanisms and preventing sexual harass-
21             ment;
22                  (F) recommended vetting and hiring prac-
23             tices scientific research entities are urged to im-
24             plement to eliminate serial harassers; and




     † S 1260 ES
                             488
 1                 (G) other topics as the National Academies
 2             determines appropriate.
 3             (2) RECOMMENDATIONS.—In updating the re-
 4      port under paragraph (1), the National Academies
 5      shall take into account recommendations made in
 6      the report issued by the National Academies in 2018
 7      entitled ‘‘Sexual Harassment of Women: Climate,
 8      Culture, and Consequences in Academic Sciences,
 9      Engineering, and Medicine’’ and other relevant stud-
10      ies and evidence.
11             (3) REPORT.—Not later than 18 months after
12      the effective date of the agreement under paragraph
13      (1), the National Academies, as part of such agree-
14      ment, shall submit to the Director and the Com-
15      mittee on Science, Space, and Technology of the
16      House of Representatives and the Committee on
17      Commerce, Science, and Transportation of the Sen-
18      ate the report referred to in such subsection, as up-
19      dated pursuant to such subsection.
20      (f) POLICY GUIDELINES.—
21             (1) RESPONSIBILITIES OF OSTP.—The Director
22      of the Office of Science and Technology Policy, in
23      coordination with the working group on inclusion in
24      STEM fields established under section 308 of the
25      American Innovation and Competitiveness Act (42


     † S 1260 ES
                              489
 1      U.S.C. 6626) and the Safe Inclusive Research Envi-
 2      ronments Subcommittee of the National Science and
 3      Technology Council, and in consultation with rep-
 4      resentatives from each Federal science agency, the
 5      Department of Education, and the Equal Employ-
 6      ment Opportunity Commission, shall—
 7                 (A) not later than 90 days after the date
 8             of the enactment of this division, submit to the
 9             Committee on Science, Space, and Technology
10             of the House of Representatives and the Com-
11             mittee on Commerce, Science, and Transpor-
12             tation of the Senate an inventory of Federal
13             science agency policies, procedures, and re-
14             sources dedicated to preventing and responding
15             to reports of sexual harassment;
16                 (B) not later than 6 months after the date
17             on which the inventory is submitted under sub-
18             paragraph (A)—
19                      (i) in consultation with outside stake-
20                 holders, develop a set of policy guidelines
21                 for Federal science agencies; and
22                      (ii) submit a report to the committees
23                 referred to in subparagraph (A) containing
24                 such guidelines;




     † S 1260 ES
                                490
 1                   (C) encourage Federal science agencies to
 2             develop or maintain and implement policies
 3             based on the guidelines developed under sub-
 4             paragraph (B);
 5                   (D) not later than 1 year after the date on
 6             which the inventory under subparagraph (A) is
 7             submitted, and every 5 years thereafter, the Di-
 8             rector of the Office of Science and Technology
 9             Policy shall report to Congress on the imple-
10             mentation by Federal science agencies of the
11             policy guidelines developed under subparagraph
12             (B); and
13                   (E) update such policy guidelines as need-
14             ed.
15             (2) REQUIREMENTS.—
16                   (A) IN    GENERAL.—In      developing policy
17             guidelines under paragraph (1)(B), the Director
18             of the Office of Science and Technology Policy
19             shall consider guidelines that require, to the ex-
20             tent practicable—
21                         (i) recipients to submit to the Federal
22                   science agency or agencies from which the
23                   recipients receive funding reports relating
24                   to—




     † S 1260 ES
                               491
 1                             (I) any decision made to launch a
 2                      formal investigation of sexual harass-
 3                      ment by, or of, grant personnel; and
 4                             (II) findings or determinations of
 5                      sexual harassment by, or of, grant
 6                      personnel, including the final disposi-
 7                      tion of a matter involving a violation
 8                      of organizational policies and proc-
 9                      esses, to include the exhaustion of
10                      permissible appeals, or a conviction of
11                      a sexual offense in a criminal court of
12                      law;
13                      (ii) the updating and sharing of re-
14                 ports of sexual harassment submitted
15                 under clause (i) with relevant Federal
16                 science agencies by agency request; and
17                      (iii) consistency among relevant Fed-
18                 eral agencies with regards to the policies
19                 and procedures for receiving reports sub-
20                 mitted pursuant to clause (i).
21                 (B) FERPA.—The Director of the Office
22             of Science and Technology Policy shall ensure
23             that such guidelines and requirements are con-
24             sistent with the requirements of section 444 of
25             the General Education Provisions Act (20


     † S 1260 ES
                                492
 1             U.S.C. 1232g) (commonly referred to as the
 2             ‘‘Family Educational Rights and Privacy Act of
 3             1974’’).
 4                  (C) PRIVACY PROTECTIONS.—The Director
 5             of the Office of Science and Technology Policy
 6             shall ensure that such guidelines and require-
 7             ments—
 8                        (i) do not infringe upon the privacy
 9                  rights of individuals associated with re-
10                  ports submitted to Federal science agen-
11                  cies; and
12                        (ii) do not require recipients to pro-
13                  vide interim reports to Federal science
14                  agencies.
15             (3) CONSIDERATIONS.—In developing policy
16      guidelines under paragraph (1)(B), the Director of
17      the Office of Science and Technology Policy shall
18      consider protocols that require or incent—
19                  (A) recipients that receive funds from Fed-
20             eral science agencies to periodically assess their
21             organizational climate, which may include the
22             use of climate surveys, focus groups, or exit
23             interviews;
24                  (B) recipients that receive funds from Fed-
25             eral science agencies to publish on a publicly


     † S 1260 ES
                                 493
1              available internet website the results of assess-
2              ments conducted pursuant to paragraph (1),
3              disaggregated by gender and, if possible, race,
4              ethnicity, disability status, and sexual orienta-
5              tion, and in a manner that does not include
6              personally identifiable information;
7                      (C) recipients that receive funds from Fed-
8              eral science agencies to make public on an an-
9              nual basis the number of determinations of sex-
10             ual harassment at that institution or organiza-
11             tion;
12                     (D) recipients that receive funds from Fed-
13             eral science agencies to regularly assess and im-
14             prove policies, procedures, and interventions to
15             reduce the prevalence of and improve the re-
16             porting of sexual harassment;
17                     (E) each entity applying for Federal assist-
18             ance awards from a Federal science agency to
19             have a code of conduct for maintaining a
20             healthy and welcoming workplace for grant per-
21             sonnel posted on their public website;
22                     (F) each recipient that receives funds from
23             Federal science agencies to have in place mech-
24             anisms for the re-integration of individuals who
25             have experienced sexual harassment; and


     † S 1260 ES
                               494
 1                  (G) recipients that receive funds from Fed-
 2              eral science agencies to work to create a climate
 3              intolerant of sexual harassment and that values
 4              and promotes diversity and inclusion.
 5              (4) FEDERAL SCIENCE AGENCY IMPLEMENTA-
 6       TION.—Each Federal science agency shall—

 7                  (A) develop or maintain and implement
 8              policies with respect to sexual harassment that
 9              are consistent with policy guidelines under
10              paragraph (1)(B) and that protect the privacy
11              of all parties involved in any report and inves-
12              tigation of sexual harassment; and
13                  (B) broadly disseminate such policies to
14              current and potential recipients of research
15              grants awarded by such agency.
16       (g) NATIONAL ACADEMIES ASSESSMENT.—Not later
17 than 3 years after the date of enactment of this division,
18 the Director shall enter into an agreement with the Na-
19 tional Academies to undertake a study and issue a report
20 on the influence of sexual harassment in institutions of
21 higher education on the career advancement of individuals
22 in the scientific, engineering, technical, and mathematics
23 workforce. The study shall assess—
24              (1) the state of research on sexual harassment
25       in such workforce;


      † S 1260 ES
                               495
 1             (2) whether research demonstrates a decrease
 2      in the prevalence of sexual harassment in such work-
 3      force;
 4             (3) the progress made with respect to imple-
 5      menting recommendations promulgated in the Na-
 6      tional Academies consensus study report entitled
 7      ‘‘Sexual Harassment of Women: Climate, Culture,
 8      and Consequences in Academic Sciences, Engineer-
 9      ing, and Medicine’’;
10             (4) where to focus future efforts with respect to
11      decreasing sexual harassment in such institutions,
12      including specific recommendations; and
13             (5) other recommendations and issues, as the
14      National Academies determines appropriate.
15      (h)        GOVERNMENT        ACCOUNTABILITY     OFFICE
16 STUDY.—Not later than 3 years after the date of enact-
17 ment of this division, the Comptroller General of the
18 United States shall—
19             (1) complete a study that assesses the degree to
20      which Federal science agencies have implemented
21      the policy guidelines developed under subsection
22      (f)(1)(B) and the effectiveness of that implementa-
23      tion; and
24             (2) submit a report to the Committee on
25      Science, Space, and Technology of the House of


     † S 1260 ES
                              496
 1       Representatives and the Committee on Commerce,
 2       Science, and Transportation of the Senate on the re-
 3       sults of such study, including recommendations on
 4       potential changes to practices and policies to im-
 5       prove those guidelines and that implementation.
 6       (i) HARASSMENT ON THE BASIS OF PREGNANCY
 7 STATUS.—The Director of the Office of Science and Tech-
 8 nology Policy, in consultation with the Equal Employment
 9 Opportunity Commission, shall develop a definition of
10 ‘‘harassment on the basis of pregnancy status’’ for the
11 purposes of carrying out this section.
12   SEC. 2522. NATIONAL SCIENCE CORPS.

13       (a) PURPOSE.—It is the purpose of this section to
14 elevate the profession of STEM teaching by establishing
15 a National Science Corps that identifies outstanding
16 STEM teachers in our Nation’s classrooms, rewards them
17 for their accomplishments, elevates their public profile,
18 and creates rewarding career paths to which all STEM
19 teachers can aspire, both to prepare future STEM re-
20 searchers and to create a scientifically literate public.
21       (b) DEFINITIONS.—In this section:
22              (1) ADMINISTRATOR.—The term ‘‘Adminis-
23       trator’’ means the Administrator of the National
24       Science Corps.




      † S 1260 ES
                                    497
1              (2) ELIGIBLE APPLICANT.—The term ‘‘eligible
2       applicant’’ means a STEM teacher who has not less
3       than 2 years of STEM teaching experience and is
4       employed as a public school classroom instructor on
5       the date of selection.
 6             (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
 7      ty’’ means—
 8                     (A) an institution of higher education (as
 9             defined in section 101(a) of the Higher Edu-
10             cation Act of 1965 (20 U.S.C. 1001(a));
11                     (B) a State educational agency (as defined
12             in section 8101 of the Elementary and Sec-
13             ondary Education Act of 1965 (20 U.S.C.
14             7801));
15                     (C) a local educational agency (as defined
16             in section 8101 of the Elementary and Sec-
17             ondary Education Act of 1965 (20 U.S.C.
18             7801)); and
19                     (D) a consortium composed of 1 or more
20             of the entities described in subparagraph (A),
21             (B), or (C), or all 3, and 1 of the following enti-
22             ties:
23                             (i) An education nonprofit association.
24                             (ii) A cross sector STEM organiza-
25                     tion.


     † S 1260 ES
                              498
1                       (iii) A private entity, including a
2                  STEM-related business.
3              (4) HIGH-NEED SCHOOL.—The term ‘‘high-need
4       school’’ has the meaning given the term in section
5       2211(b) of the Elementary and Secondary Edu-
6       cation Act of 1965 (20 U.S.C. 6631(b)).
7              (5) NATIONAL SCIENCE CORPS CENTRAL ENTI-
 8      TY.—The term ‘‘National Science Corps central enti-

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




     † S 1260 ES
                               499
 1             (7) REGIONAL CENTER.—The term ‘‘regional
 2      center’’ means a regional center of the National
 3      Science Corps.
 4             (8) STEM.—The term ‘‘STEM’’ means science,
 5      technology, engineering, and mathematics, including
 6      computer science.
 7             (9) STEM EDUCATION ADVISORY BOARD.—The
 8      term ‘‘STEM Education Advisory Board’’ means the
 9      Advisory Board for the National Science Corps es-
10      tablished under subsection (e).
11      (c)        ESTABLISHMENT      OF   NATIONAL   SCIENCE
12 CORPS.—There is established a National Science Corps 5-
13 year pilot program to be administered by the Adminis-
14 trator, who shall be appointed by the Director, and over-
15 seen by the STEM Education Advisory Board.
16      (d) DUTIES OF THE ADMINISTRATOR.—The Admin-
17 istrator shall—
18             (1) create a process and standards for selection
19      of eligible applicants to become members of the Na-
20      tional Science Corps, including—
21                    (A) uniform selection criteria that in-
22             cludes—
23                        (i) deep knowledge of STEM content
24                    and pedagogy;




     † S 1260 ES
                              500
 1                       (ii) a passion for STEM subjects and
 2                 dedication to teaching, evidence of leader-
 3                 ship skills, and potential for continued ca-
 4                 reer growth as an educator; and
 5                       (iii) demonstrated experience increas-
 6                 ing   STEM       student   achievement   and
 7                 STEM participation rates for all students,
 8                 particularly those from rural and high-need
 9                 schools; and
10                 (B) a uniform selection process, including
11             a comprehensive application that includes rec-
12             ommendations and other relevant professional
13             information;
14             (2) build an infrastructure to support the func-
15      tions and operations of the National Science Corps;
16             (3) promote the National Science Corps and
17      elevate best practices that emerge from the National
18      Science Corps to a national audience;
19             (4) evaluate the operation and effectiveness of
20      the regional centers; and
21             (5) evaluate the overall and long-term impact of
22      the National Science Corps by—
23                 (A) documenting, monitoring, and assess-
24             ing the program outcomes or impact on the
25             STEM careers of participants; and


     † S 1260 ES
                               501
 1                 (B) documenting, monitoring, and assess-
 2             ing the program outcomes for the STEM edu-
 3             cation profession nationwide, particularly for
 4             rural and high-need schools.
 5      (e) STEM EDUCATION ADVISORY BOARD.—
 6             (1) ESTABLISHMENT.—There is established a
 7      STEM Education Advisory Board to oversee the op-
 8      erations of the National Science Corps for the length
 9      of the pilot program.
10             (2) COMPOSITION.—
11                 (A) IN GENERAL.—The members of the
12             STEM Education Advisory Board shall comply
13             with the following:
14                      (i) Be appointed by the Director.
15                      (ii) Include a representative from each
16                 of the following:
17                             (I) School leaders.
18                             (II) STEM researchers.
19                             (III) STEM education research-
20                      ers.
21                             (IV) Business leaders.
22                             (V) Kindergarten through grade
23                      12 STEM educators.
24                             (VI) Students pursuing a post-
25                      secondary STEM degree.


     † S 1260 ES
                               502
 1                   (B) STEM    EDUCATION     ADVISORY   COM-

 2             MITTEE IN EXISTENCE.—The Director may as-

 3             sign the duties of the STEM Education Advi-
 4             sory Board, described in paragraph (3), to an
 5             advisory committee of the Foundation in exist-
 6             ence on the date of enactment of this division.
 7             (3) DUTIES OF THE STEM EDUCATION ADVI-
 8      SORY BOARD.—In overseeing the operations of the

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




     † S 1260 ES
                                 503
1 gional centers at eligible entities. Each regional center
2 shall—
3              (1) engage local partners, which may include
4       local educational agencies, institutions of higher edu-
5       cation, STEM organizations, or education nonprofit
6       organizations, to—
7                   (A) develop and serve the community of
8              National Science Corps members within the re-
9              gion, in coordination local partners to carry out
10             day-to-day activities;
11                  (B) coordinate professional development
12             activities, including activities led by National
13             Science Corps members;
14                  (C) connect National Science Corps mem-
15             bers with existing educator professional develop-
16             ment programs and coordinate members’ in-
17             volvement as cooperating teachers or mentors;
18                  (D) seek opportunities to involve teachers
19             who are not members of the National Science
20             Corps to participate in National Science Corps
21             activities; and
22                  (E) build partnerships with existing edu-
23             cation organizations and other efforts by State
24             educational agencies and local educational agen-




     † S 1260 ES
                               504
 1             cies that operate programs relevant to the Na-
 2             tional Science Corps and its activities;
 3             (2) recruit eligible applicants, with a focus on
 4      recruiting diverse STEM educators based on race,
 5      ethnicity, sex, socioeconomic status, age, disability
 6      status, and language ability;
 7             (3) screen, interview, and select members of the
 8      National Science Corps using procedures and stand-
 9      ards provided by the Administrator;
10             (4) coordinate the online network that supports
11      all National Science Corps members in the region;
12             (5) convene occasional meetings of National
13      Science Corps members in a region;
14             (6) create opportunities for the professional
15      growth of National Service Corps members, with a
16      focus on increasing STEM student achievement and
17      STEM participation rates for all students, particu-
18      larly those from rural and high-need schools; and
19             (7) support the retention and success of Na-
20      tional Science Corps members in the region.
21      (g) DUTIES       OF   MEMBERS      OF   THE   NATIONAL
22 SCIENCE CORPS.—An eligible applicant that is selected by
23 a regional center to be a member of the National Science
24 Corps shall—




     † S 1260 ES
                               505
 1              (1) serve a 4-year term with a possibility of re-
 2       appointment;
 3              (2) receive an annual stipend in an amount of
 4       up to $15,000; and
 5              (3) have substantial responsibilities, including—
 6                  (A) working with other members of the
 7              National Science Corps to develop and improve
 8              innovative teaching practices, including prac-
 9              tices such as inquiry-based learning;
10                  (B) participating in professional develop-
11              ment on innovative teaching methodology and
12              mentorship; and
13                  (C) continuing to excel in teaching the
14              member’s own students, with a focus on ad-
15              vancing equity by spending additional time
16              teaching and coaching underserved students to
17              increase   STEM      student   achievement     and
18              STEM participation rates for students from
19              rural and high-need schools.
20       (h) EVALUATIONS.—The Administrator shall evalu-
21 ate the activities of the regional centers every 2 years.
22       (i) AUTHORIZATION OF APPROPRIATIONS.—Out of
23 funds authorized under section 2106, there are authorized
24 to be appropriated $100,000,000 in fiscal years 2022
25 through 2026 to carry out this section.


      † S 1260 ES
                                  506
1    SEC. 2523. ANNUAL REPORT ON FOREIGN RESEARCH.

2        (a) IN GENERAL.—Not later than 180 days after the
3 date of enactment of this division, and not less frequently
4 than every 2 years thereafter, the Director shall prepare
5 and submit a report to the relevant congressional commit-
6 tees regarding the research funding from the National
7 Science Foundation provided to foreign entities.
 8       (b) CONTENTS.—The report submitted under sub-
 9 section (a) shall include the following:
10              (1) The total amount of National Science Foun-
11       dation funds provided to research institutions in for-
12       eign countries.
13              (2) A complete list of projects funded by the
14       National Science Foundation provided to foreign en-
15       tities, including for each project—
16                    (A) a complete abstract;
17                    (B) the previous fiscal year’s funding
18              amount;
19                    (C) whether they have a connection to a
20              foreign government and to what extent the con-
21              nection exists;
22                    (D) the names of principal investigators;
23              and
24                    (E) a specific justification for funding the
25              research abroad instead of in the United States.


      † S 1260 ES
                                 507
 1   SEC. 2524. ACCELERATING UNMANNED MARITIME SYSTEMS

 2                   RESEARCH.

 3          (a) IN GENERAL.—In order to support advances in
 4 marine science and security at sea, the Director shall issue
 5 awards, on a competitive basis, to institutions of higher
 6 education or nonprofit organizations (or consortia of such
 7 institutions or organizations) to support basic and applied
 8 research that will accelerate innovation to advance un-
 9 manned maritime systems for the purpose of providing
10 greater maritime domain awareness to the Nation.
11          (b) PARTNERSHIPS.—In implementing this section,
12 the Director shall establish partnerships with other Fed-
13 eral agencies, including those established under the Com-
14 mercial Engagement Through Ocean Technology Act of
15 2018 (Public Law 115–394).
16          (c) USE OF NSF OCEANOGRAPHIC RESEARCH VES-
17   SELS.—The Director may leverage the resources and ca-

18 pabilities of the consortium operating the Directorate’s re-
19 gional class research vessels to complement the research
20 in unmanned maritime systems.
21   SEC.    2525.   FOUNDATION    FUNDING   TO   INSTITUTIONS

22                   HOSTING OR SUPPORTING CONFUCIUS INSTI-

23                   TUTES.

24          (a) DEFINITIONS.—In this section—
25              (1) the term ‘‘Confucius Institute’’ means a cul-
26          tural institute established as a partnership between
      † S 1260 ES
                               508
 1       a United States institution of higher education and
 2       a Chinese institution of higher education to promote
 3       and teach Chinese language and culture that is
 4       funded, directly or indirectly, by the Government of
 5       the People’s Republic of China; and
 6              (2) the term ‘‘institution of higher education’’
 7       has the meaning given the term in section 102 of the
 8       Higher Education Act of 1965 (20 U.S.C. 1002).
 9       (b) RESTRICTIONS OF CONFUCIUS INSTITUTES.—Ex-
10 cept as provided in subsection (d), none of the funds made
11 available to the Foundation under this Act, or an amend-
12 ment made by this Act, may be obligated or expended to
13 an institution of higher education that maintains a con-
14 tract or agreement between the institution and a Confu-
15 cius Institute, unless the Director, after consultation with
16 the National Academies of Science, Engineering, and Med-
17 icine, determines such a waiver is appropriate in accord-
18 ance with subsection (c).
19       (c) WAIVER.—The Director, after consultation with
20 the National Academies of Science, Engineering, and Med-
21 icine, may issue a waiver for an institution of higher edu-
22 cation that maintains a contract or agreement between the
23 institution and a Confucius Institute if such contract or
24 agreement includes clear provisions that—
25              (1) protect academic freedom at the institution;


      † S 1260 ES
                               509
 1             (2) prohibit the application of any foreign law
 2      on any campus of the institution;
 3             (3) grant full managerial authority of the Con-
 4      fucius Institute to the institution, including full con-
 5      trol over what is being taught, the activities carried
 6      out, the research grants that are made, and who is
 7      employed at the Confucius Institute; and
 8             (4) prohibit co-location with the institution’s
 9      Chinese language, history, and cultural programs
10      and require separate promotional materials.
11      (d) SPECIAL RULE.—
12             (1) IN GENERAL.—Notwithstanding any other
13      provision of this section, this section shall not apply
14      to an institution of higher education if that institu-
15      tion has fulfilled the requirements—
16                    (A) for a waiver from the Department of
17             Defense as described under section 1062 of the
18             National Defense Authorization Act for Fiscal
19             Year 2021 (Public Law 116–283); or
20                    (B) under section 6122 with respect to
21             funding the provided under the Higher Edu-
22             cation Act of 1965 (20 U.S.C. 1001 et seq.),
23             except funds provided under title IV of such
24             Act.




     † S 1260 ES
                                510
 1              (2) EXCEPTION.—Notwithstanding any other
 2       provision of this section, the prohibition under sub-
 3       section (b) shall not apply to amounts provided to
 4       students as educational assistance.
 5       (e) EFFECTIVE DATE.—The limitation under sub-
 6 section (b) shall apply with respect to the first fiscal year
 7 that begins after the date that is 2 years after the date
 8 of enactment of this Act and to any subsequent fiscal year
 9 subject to subsection (f).
10       (f) SUNSET.—This section shall cease to be effective
11 on the date that is 5 years after the date of enactment
12 of this Act.
13   SEC. 2526. SUPPORTING DOCUMENTS.

14       (a) IN GENERAL.— To ensure the security of re-
15 search products developed under this division, the Director
16 shall, on an annual basis, request from an institution of
17 higher education receiving an award made available by the
18 National Science Foundation Technology and Innovation
19 Directorate under this division—
20              (1) final copies of any contracts, agreements, or
21       documentation of financial transactions between the
22       institution, a foundation of the institution, or related
23       entities, and any educational, cultural, or language
24       entity that is directly or indirectly funded by the
25       Government of the People’s Republic of China; and


      † S 1260 ES
                               511
 1              (2) a detailed description of any financial con-
 2       tributions from the Government of the People’s Re-
 3       public of China or its affiliates to the institution, a
 4       foundation of the institution, or related entities.
 5       (b) OFFICE OF THE INSPECTOR GENERAL.—The Di-
 6 rector may request an investigation by the Office of the
 7 Inspector General into the research security practices of
 8 an institution of higher education and, as appropriate, rec-
 9 ommend revocation of funding for relevant grants, in the
10 case that—
11              (1) an institution of higher education fails to
12       provide information requested under subsection (a);
13       or
14              (2) a review of the information under sub-
15       section (a) by the Chief of Research Security indi-
16       cates threats to research security.
17   SEC. 2527. BASIC RESEARCH.

18       (a) NONDISCLOSURE OF MEMBERS OF GRANT RE-
19   VIEW   PANEL.—Notwithstanding any other provision of
20 law, each agency that awards a Federal research grant
21 shall not disclose, either publicly or privately, to an appli-
22 cant for such grant the identity of any member of the
23 grant review panel for such applicant.
24       (b) PUBLIC ACCESSIBILITY OF RESEARCH FUNDED
25   BY TAXPAYERS.—



      † S 1260 ES
                              512
 1             (1) DEFINITION OF FEDERAL AGENCY.—In this
 2      section, the term ‘‘Federal agency’’ means an Execu-
 3      tive agency, as defined under section 105 of title 5,
 4      United States Code.
 5             (2) FEDERAL RESEARCH PUBLIC ACCESS POL-
6       ICY.—

 7                 (A) REQUIREMENT TO DEVELOP POLICY.—
 8                      (i) IN GENERAL.—Not later than 1
 9                 year after the date of enactment of this
10                 section, each Federal agency with annual
11                 extramural research expenditures of over
12                 $100,000,000 shall develop an agency re-
13                 search public access policy that is con-
14                 sistent with and advances the purposes of
15                 the Federal agency.
16                      (ii) COMMON PROCEDURES.—To the
17                 extent practicable, Federal agencies re-
18                 quired to develop a policy under clause (i)
19                 shall follow common procedures for the col-
20                 lection and depositing of research papers.
21                 (B) CONTENT.—Each Federal research
22             public access policy shall provide for—
23                      (i) submission to a digital repository
24                 designated or maintained by the Federal
25                 agency of an electronic version of the au-


     † S 1260 ES
                                 513
1                  thor’s final manuscript of original research
2                  papers that have been accepted for publica-
3                  tion in peer-reviewed journals and that re-
4                  sult from research supported, in whole or
5                  in part, from funding by the Federal Gov-
6                  ernment;
7                        (ii) the incorporation of any changes
8                  resulting from the peer review publication
9                  process in the manuscript described under
10                 clause (i);
11                       (iii) the replacement of the final
12                 manuscript with the final published version
13                 if—
14                            (I) the publisher consents to the
15                       replacement; and
16                            (II) the goals of the Federal
17                       agency for functionality and interoper-
18                       ability are retained;
19                       (iv) free online public access to such
20                 final peer-reviewed manuscripts or pub-
21                 lished versions within a time period that is
22                 appropriate for each type of research con-
23                 ducted or sponsored by the Federal agen-
24                 cy, not later than 12 months after publica-
25                 tion in peer-reviewed journals, preferably


     † S 1260 ES
                                514
1                  sooner, or as adjusted under established
2                  mechanisms;
3                       (v) providing research papers as de-
4                  scribed in clause (iv) in formats and under
5                  terms that enable productive reuse of the
6                  research and computational analysis by
7                  state-of-the-art technologies;
8                       (vi) improving the ability of the public
9                  to locate and access research papers made
10                 accessible under the Federal research pub-
11                 lic access policy; and
12                      (vii) long-term preservation of, and
13                 free public access to, published research
14                 findings—
15                              (I) in a stable digital repository
16                      maintained by the Federal agency; or
17                              (II) if consistent with the pur-
18                      poses of the Federal agency, in any
19                      repository meeting conditions deter-
20                      mined favorable by the Federal agen-
21                      cy, including free public access, inter-
22                      operability, and long-term preserva-
23                      tion.
24                 (C) APPLICATION OF POLICY.—Each Fed-
25             eral research public access policy shall—


     † S 1260 ES
                               515
 1                      (i) apply to—
 2                             (I) researchers employed by the
 3                      Federal agency whose works remain
 4                      in the public domain; and
 5                             (II) researchers funded by the
 6                      Federal agency;
 7                      (ii) provide that works described
 8                 under clause (i)(I) shall be—
 9                             (I) marked as being public do-
10                      main material when published; and
11                             (II) made available at the same
12                      time such works are made available
13                      under subparagraph (B)(iv); and
14                      (iii) make effective use of any law or
15                 guidance relating to the creation and res-
16                 ervation of a Government license that pro-
17                 vides for the reproduction, publication, re-
18                 lease, or other uses of a final manuscript
19                 for Federal purposes.
20                 (D) EXCLUSIONS.—Each Federal research
21             public access policy shall not apply to—
22                      (i) research progress reports pre-
23                 sented at professional meetings or con-
24                 ferences;




     † S 1260 ES
                              516
 1                       (ii) laboratory notes, preliminary data
 2                 analyses, notes of the author, phone logs,
 3                 or other information used to produce final
 4                 manuscripts;
 5                       (iii) classified research, research re-
 6                 sulting in works that generate revenue or
 7                 royalties for authors (such as books) or
 8                 patentable discoveries, to the extent nec-
 9                 essary to protect a copyright or patent; or
10                       (iv) authors who do not submit their
11                 work to a journal or works that are re-
12                 jected by journals.
13             (3) RULE OF CONSTRUCTION REGARDING PAT-
14      ENT OR COPYRIGHT LAW.—Nothing in this section

15      shall be construed to affect any right under the pro-
16      visions of title 17 or 35, United States Code.
17             (4) GAO    REPORT.—Not      later than 3 years
18      after the date of enactment of this section, and every
19      5 years thereafter, the Comptroller General of the
20      United States shall submit to Congress a report
21      that—
22                 (A) includes an analysis of the period be-
23             tween the date on which each applicable paper
24             becomes publicly available in a journal and the




     † S 1260 ES
                              517
 1             date on which the paper is in the online reposi-
 2             tory of the applicable Federal agency; and
 3                 (B) examines the effectiveness of the Fed-
 4             eral research public access policy in providing
 5             the public with free online access to papers on
 6             research funded by each Federal agency re-
 7             quired to develop a policy under paragraph
 8             (2)(A), including—
 9                      (i) whether the terms of use applicable
10                 to such research papers in effect are effec-
11                 tive in enabling productive reuse of the re-
12                 search and computational analysis by
13                 state-of-the-art technologies; and
14                      (ii) whether such research papers
15                 should include a royalty-free copyright li-
16                 cense that is available to the public and
17                 that permits the reuse of those research
18                 papers, on the condition that attribution is
19                 given to the author or authors of the re-
20                 search and any others designated by the
21                 copyright owner.
22             (5) DOWNSTREAM REPORTING.—Any person or
23      institution awarded a grant from a Federal research
24      agency shall—




     † S 1260 ES
                               518
 1                   (A) notify and seek authorization from the
 2              relevant agency for any funds derived from the
 3              grant made available through a subgrant or
 4              subsequent grant (including to an employee or
 5              subdivision of the grant recipient’s organiza-
 6              tion); and
 7                   (B) ensure that each subgrant or subse-
 8              quent grant award (including to an employee or
 9              subdivision of the grant recipient’s organiza-
10              tion) funded with funds derived from the Fed-
11              eral grant is within the scope of the Federal
12              grant award.
13              (6) IMPARTIALITY IN FUNDING SCIENTIFIC RE-
14       SEARCH.—Notwithstanding       any other provision of
15       law, each Federal agency, in awarding grants for
16       scientific research, shall be impartial and shall not
17       seek to advance any political position or fund a
18       grant to reach a predetermined conclusion.
19   SEC. 2528. FOUNDATION FOR ENERGY SECURITY AND INNO-

20                  VATION.

21       (a) DEFINITIONS.—In this section:
22              (1) BOARD.—The term ‘‘Board’’ means the
23       Board      of   Directors   described   in   subsection
24       (b)(2)(A).




      † S 1260 ES
                               519
 1              (2) DEPARTMENT.—The term ‘‘Department’’
 2       means the Department of Energy.
 3              (3) EXECUTIVE DIRECTOR.—The term ‘‘Execu-
 4       tive Director’’ means the Executive Director de-
 5       scribed in subsection (b)(5)(A).
6               (4) FOUNDATION.—The term ‘‘Foundation’’
7        means the Foundation for Energy Security and In-
8        novation established under subsection (b)(1).
 9              (5)    INDIVIDUAL     LABORATORY-ASSOCIATED

10       FOUNDATION.—The         term ‘‘Individual Laboratory-
11       Associated Foundation’’ means a Laboratory Foun-
12       dation established by an operating contractor of a
13       National Laboratory.
14              (6) NATIONAL LABORATORY.—The term ‘‘Na-
15       tional Laboratory’’ has the meaning given the term
16       in section 2 of the Energy Policy Act of 2005 (42
17       U.S.C. 15801).
18              (7) SECRETARY.—The term ‘‘Secretary’’ means
19       the Secretary of Energy.
20       (b) FOUNDATION FOR ENERGY SECURITY AND INNO-
21   VATION.—

22              (1) ESTABLISHMENT.—
23                    (A) IN   GENERAL.—Not   later than 180
24              days after the date of enactment of this Act,
25              the Secretary shall establish a nonprofit cor-


      † S 1260 ES
                               520
 1             poration to be known as the ‘‘Foundation for
 2             Energy Security and Innovation’’.
 3                 (B) MISSION.—The mission of the Foun-
 4             dation shall be—
 5                      (i) to support the mission of the De-
 6                 partment; and
 7                      (ii) to advance collaboration with en-
 8                 ergy researchers, institutions of higher
 9                 education, industry, and nonprofit and
10                 philanthropic organizations to accelerate
11                 the commercialization of energy tech-
12                 nologies.
13                 (C) LIMITATION.—The Foundation shall
14             not be an agency or instrumentality of the Fed-
15             eral Government.
16                 (D) TAX-EXEMPT        STATUS.—The     Board
17             shall take all necessary and appropriate steps to
18             ensure that the Foundation is an organization
19             that is described in section 501(c) of the Inter-
20             nal Revenue Code of 1986 and exempt from
21             taxation under section 501(a) of that Code.
22                 (E) COLLABORATION WITH EXISTING OR-
23             GANIZATIONS.—The      Secretary may collaborate
24             with 1 or more organizations to establish the




     † S 1260 ES
                                  521
 1             Foundation and carry out the activities of the
 2             Foundation.
 3             (2) BOARD OF DIRECTORS.—
4                  (A) ESTABLISHMENT.—The Foundation
5              shall be governed by a Board of Directors.
 6                 (B) COMPOSITION.—
 7                          (i) IN GENERAL.—The Board shall be
 8                 composed of the ex officio nonvoting mem-
 9                 bers described in clause (ii) and the ap-
10                 pointed voting members described in clause
11                 (iii).
12                          (ii) EX OFFICIO MEMBERS.—The ex
13                 officio members of the Board shall be the
14                 following individuals or designees of those
15                 individuals:
16                               (I) The Secretary.
17                               (II) The Under Secretary for
18                          Science and Energy.
19                               (III) The Under Secretary for
20                          Nuclear Security.
21                               (IV) The Chief Commercializa-
22                          tion Officer.
23                          (iii) APPOINTED MEMBERS.—




     † S 1260 ES
                        522
 1                     (I) INITIAL MEMBERS.—The Sec-
 2                 retary and the other ex officio mem-
 3                 bers of the Board shall—
 4                             (aa) seek to enter into an
 5                     agreement      with      the     National
 6                     Academies of Sciences, Engineer-
 7                     ing, and Medicine to develop a
 8                     list of individuals to serve as
 9                     members of the Board who are
10                     well-qualified and will meet the
11                     requirements of subclauses (II)
12                     and (III); and
13                             (bb)   appoint     the     initial
14                     members of the Board from that
15                     list, if applicable, in consultation
16                     with the National Academies of
17                     Sciences, Engineering, and Medi-
18                     cine.
19                     (II) REPRESENTATION.—The ap-
20                 pointed members of the Board shall
21                 reflect a broad cross-section of stake-
22                 holders from academia, industry, non-
23                 profit organizations, State or local
24                 governments, the investment commu-




     † S 1260 ES
                               523
 1                     nity, and the philanthropic commu-
 2                     nity.
 3                             (III)     EXPERIENCE.—The        Sec-
 4                     retary shall ensure that a majority of
 5                     the      appointed      members     of    the
 6                     Board—
 7                                     (aa)(AA) has experience in
 8                             the energy sector;
 9                                     (BB) has research experi-
10                             ence in the energy field; or
11                                     (CC) has experience in tech-
12                             nology commercialization or foun-
13                             dation operations; and
14                                     (bb) to the extent prac-
15                             ticable, represents diverse re-
16                             gions, sectors, and communities.
17                 (C) CHAIR AND VICE CHAIR.—
18                     (i) IN     GENERAL.—The        Board shall
19                 designate from among the members of the
20                 Board—
21                             (I) an individual to serve as
22                     Chair of the Board; and
23                             (II) an individual to serve as Vice
24                     Chair of the Board.




     † S 1260 ES
                             524
 1                     (ii) TERMS.—The term of service of
 2                 the Chair and Vice Chair of the Board
 3                 shall end on the earlier of—
 4                          (I) the date that is 3 years after
 5                     the date on which the Chair or Vice
 6                     Chair of the Board, as applicable, is
 7                     designated for the position; and
 8                          (II) the last day of the term of
 9                     service of the member, as determined
10                     under subparagraph (D)(i), who is
11                     designated to be Chair or Vice Chair
12                     of the Board, as applicable.
13                     (iii) REPRESENTATION.—The Chair
14                 and Vice Chair of the Board—
15                          (I) shall not be representatives of
16                     the same area of subject matter ex-
17                     pertise, or entity, as applicable, under
18                     subparagraph (B)(iii)(II); and
19                          (II) shall not be representatives
20                     of any area of subject matter exper-
21                     tise, or entity, as applicable, rep-
22                     resented by the immediately preceding
23                     Chair and Vice Chair of the Board.
24                 (D) TERMS AND VACANCIES.—
25                     (i) TERMS.—


     † S 1260 ES
                             525
 1                          (I) IN GENERAL.—The term of
 2                     service of each appointed member of
 3                     the Board shall be not more than 5
 4                     years.
 5                          (II) INITIAL       APPOINTED   MEM-

 6                     BERS.—Of the initial members of the

 7                     Board appointed under subparagraph
 8                     (B)(iii)(I), half of the members shall
 9                     serve for 4 years and half of the mem-
10                     bers shall serve for 5 years, as deter-
11                     mined by the Chair of the Board.
12                     (ii) VACANCIES.—Any vacancy in the
13                 membership of the appointed members of
14                 the Board—
15                          (I) shall be filled in accordance
16                     with the bylaws of the Foundation by
17                     an individual capable of representing
18                     the same area or entity, as applicable,
19                     as represented by the vacating board
20                     member          under      subparagraph
21                     (B)(iii)(II);
22                          (II) shall not affect the power of
23                     the remaining appointed members to
24                     execute the duties of the Board; and




     † S 1260 ES
                              526
 1                           (III) shall be filled by an indi-
 2                      vidual selected by the Board.
3                  (E) MEETINGS; QUORUM.—
 4                      (i) INITIAL MEETING.—Not later than
 5                 60 days after the Board is established, the
 6                 Secretary shall convene a meeting of the ex
 7                 officio and appointed members of the
 8                 Board to incorporate the Foundation.
 9                      (ii) QUORUM.—A majority of the ap-
10                 pointed members of the Board shall con-
11                 stitute a quorum for purposes of con-
12                 ducting the business of the Board.
13                 (F) DUTIES.—The Board shall—
14                      (i) establish bylaws for the Founda-
15                 tion in accordance with subparagraph (G);
16                      (ii) provide overall direction for the
17                 activities of the Foundation and establish
18                 priority activities;
19                      (iii) carry out any other necessary ac-
20                 tivities of the Foundation;
21                      (iv) evaluate the performance of the
22                 Executive Director; and
23                      (v) actively solicit and accept funds,
24                 gifts, grants, devises, or bequests of real or




     † S 1260 ES
                             527
1                  personal property to the Foundation, in-
2                  cluding from private entities.
 3                 (G) BYLAWS.—
 4                      (i) IN GENERAL.—The bylaws estab-
 5                 lished under subparagraph (F)(i) may in-
 6                 clude—
 7                           (I) policies for the selection of
 8                      Board members, officers, employees,
 9                      agents, and contractors of the Foun-
10                      dation;
11                           (II) policies, including ethical
12                      standards, for—
13                                 (aa) the acceptance, solicita-
14                           tion, and disposition of donations
15                           and grants to the Foundation, in-
16                           cluding appropriate limits on the
17                           ability of donors to designate, by
18                           stipulation or restriction, the use
19                           or recipient of donated funds;
20                           and
21                                 (bb) the disposition of assets
22                           of the Foundation;
23                           (III) policies that subject all em-
24                      ployees, fellows, trainees, and other
25                      agents of the Foundation (including


     † S 1260 ES
                              528
 1                     ex officio and appointed members of
 2                     the Board) to conflict of interest
 3                     standards; and
 4                            (IV) the specific duties of the Ex-
 5                     ecutive Director.
 6                     (ii)    REQUIREMENTS.—The          Board
 7                 shall ensure that the bylaws of the Foun-
 8                 dation and the activities carried out under
 9                 those bylaws shall not—
10                            (I) reflect unfavorably on the
11                     ability of the Foundation to carry out
12                     activities in a fair and objective man-
13                     ner; or
14                            (II) compromise, or appear to
15                     compromise, the integrity of any gov-
16                     ernmental agency or program, or any
17                     officer or employee employed by, or
18                     involved in, a governmental agency or
19                     program.
20                 (H) COMPENSATION.—
21                     (i) IN GENERAL.—No member of the
22                 Board shall receive compensation for serv-
23                 ing on the Board.
24                     (ii) CERTAIN EXPENSES.—In accord-
25                 ance with the bylaws of the Foundation,


     † S 1260 ES
                               529
1                   members of the Board may be reimbursed
2                   for travel expenses, including per diem in
3                   lieu of subsistence, and other necessary ex-
4                   penses incurred in carrying out the duties
5                   of the Board.
 6             (3) PURPOSES.—The purposes of the Founda-
 7      tion are—
 8                  (A) to support the Department in carrying
 9             out the mission of the Department to ensure
10             the security and prosperity of the United States
11             by addressing energy, environmental, and nu-
12             clear challenges through transformative science
13             and technology solutions; and
14                  (B) to increase private and philanthropic
15             sector investments that support efforts to cre-
16             ate, characterize, develop, test, validate, and de-
17             ploy or commercialize innovative technologies
18             that address crosscutting national energy chal-
19             lenges by methods that include—
20                       (i) fostering collaboration and part-
21                  nerships with researchers from the Federal
22                  Government, State governments, institu-
23                  tions of higher education, federally funded
24                  research and development centers, indus-
25                  try, and nonprofit organizations for the re-


     † S 1260 ES
                                  530
1                  search, development, or commercialization
2                  of transformative energy and associated
3                  technologies;
4                          (ii) strengthening and sharing best
5                  practices relating to regional economic de-
6                  velopment through scientific and energy in-
7                  novation, including in partnership with an
8                  Individual Laboratory-Associated Founda-
9                  tion;
10                         (iii) promoting new product develop-
11                 ment that supports job creation;
12                         (iv)    administering   prize   competi-
13                 tions—
14                                (I) to accelerate private sector
15                         competition and investment; and
16                                (II) that complement the use of
17                         prize authority by the Department;
18                         (v) supporting programs that advance
19                 technology maturation, especially where
20                 there may be gaps in Federal or private
21                 funding in advancing a technology to de-
22                 ployment or commercialization from the
23                 prototype stage to a commercial stage; and




     † S 1260 ES
                               531
 1                       (vi) facilitating access to Department
 2                 facilities, equipment, and human expertise
 3                 to assist in tackling national challenges.
4              (4) ACTIVITIES.—
5                  (A)     STUDIES,     COMPETITIONS,       AND

 6             PROJECTS.—The Foundation may conduct and

 7             support studies, competitions, projects, and
 8             other activities that further the purposes of the
 9             Foundation described in paragraph (3).
10                 (B) FELLOWSHIPS AND GRANTS.—
11                       (i) IN   GENERAL.—The      Foundation
12                 may award fellowships and grants for ac-
13                 tivities relating to research, development,
14                 demonstration, maturation, or commer-
15                 cialization of energy and other Depart-
16                 ment-supported technologies.
17                       (ii) FORM OF AWARD.—A fellowship
18                 or grant under clause (i) may consist of a
19                 stipend, health insurance benefits, funds
20                 for travel, and funds for other appropriate
21                 expenses.
22                       (iii) SELECTION.—In selecting a re-
23                 cipient for a fellowship or grant under
24                 clause (i), the Foundation—




     † S 1260 ES
                               532
 1                             (I) shall make the selection based
 2                      on the technical and commercializa-
 3                      tion merits of the proposed project of
 4                      the potential recipient; and
 5                             (II) may consult with a potential
 6                      recipient regarding the ability of the
 7                      potential recipient to carry out various
 8                      projects that would further the pur-
 9                      poses of the Foundation described in
10                      paragraph (3).
11                      (iv)    NATIONAL     LABORATORIES.—A

12                 National Laboratory that applies for or ac-
13                 cepts an award under clause (i) shall not
14                 be considered to be engaging in a competi-
15                 tive process.
16                 (C) ACCESSING FACILITIES AND EXPER-
17             TISE.—The Foundation may work with the De-

18             partment—
19                      (i) to leverage the capabilities and fa-
20                 cilities of National Laboratories to com-
21                 mercialize technology; and
22                      (ii) to assist with resources, including
23                 by providing information on the assets of
24                 each National Laboratory that may enable




     † S 1260 ES
                                 533
 1                     the deployment and commercialization of
 2                     technology.
 3                     (D)   TRAINING   AND    EDUCATION.—The

 4             Foundation may support programs that provide
 5             training to researchers, scientists, other rel-
 6             evant personnel at National Laboratories and
 7             institutions of higher education, and previous or
 8             current recipients of or applicants for Depart-
 9             ment funding to help demonstrate, deploy, and
10             commercialize federally funded technology.
11                     (E) MATURATION FUNDING.—The Foun-
12             dation shall support programs that provide
13             maturation funding to researchers to advance
14             the technology of those researchers for the pur-
15             pose of moving products from a prototype stage
16             to a commercial stage.
17                     (F) STAKEHOLDER        ENGAGEMENT.—The

18             Foundation shall convene, and may consult
19             with, representatives from the Department, in-
20             stitutions of higher education, National Labora-
21             tories, the private sector, and commercialization
22             organizations to develop programs for the pur-
23             poses of the Foundation described in paragraph
24             (3) and to advance the activities of the Founda-
25             tion.


     † S 1260 ES
                                534
1                  (G) INDIVIDUAL AND FEDERAL LABORA-
 2             TORY-ASSOCIATED FOUNDATIONS.—

3                       (i) DEFINITION OF COVERED FOUN-
 4                 DATION.—In this subparagraph, the term

 5                 ‘‘covered foundation’’ means each of the
 6                 following:
 7                              (I) An Individual Laboratory-As-
 8                      sociated Foundation.
 9                              (II) A Federal Laboratory-Asso-
10                      ciated Foundation established pursu-
11                      ant to subsection (c)(1).
12                      (ii) SUPPORT.—The Foundation shall
13                 provide support to and collaborate with
14                 covered foundations.
15                      (iii) GUIDELINES AND TEMPLATES.—
16                 For the purpose of providing support
17                 under clause (ii), the Secretary shall estab-
18                 lish suggested guidelines and templates for
19                 covered foundations, including—
20                              (I) a standard adaptable organi-
21                      zational design for responsible man-
22                      agement;
23                              (II) standard and legally tenable
24                      bylaws and money-handling proce-
25                      dures; and


     † S 1260 ES
                               535
 1                            (III) a standard training cur-
 2                        riculum to orient and expand the op-
 3                        erating expertise of personnel em-
 4                        ployed by covered foundations.
 5                        (iv) AFFILIATIONS.—Nothing in this
 6                 subparagraph requires—
 7                            (I) an existing Individual Labora-
 8                        tory-Associated Foundation to modify
 9                        current practices or affiliate with the
10                        Foundation; or
11                            (II) a covered foundation to be
12                        bound by charter or corporate bylaws
13                        as permanently affiliated with the
14                        Foundation.
15                 (H)     SUPPLEMENTAL        PROGRAMS.—The

16             Foundation may carry out supplemental pro-
17             grams—
18                        (i) to conduct and support forums,
19                 meetings, conferences, courses, and train-
20                 ing workshops consistent with the purposes
21                 of the Foundation described in paragraph
22                 (3);
23                        (ii) to support and encourage the un-
24                 derstanding and development of data that
25                 promotes the translation of technologies


     † S 1260 ES
                              536
1                  from the research stage, through the devel-
2                  opment and maturation stage, and ending
3                  in the market stage;
4                       (iii) for writing, editing, printing, pub-
5                  lishing, and vending books and other mate-
6                  rials relating to research carried out under
7                  the Foundation and the Department; and
8                       (iv) to conduct other activities to
9                  carry out and support the purposes of the
10                 Foundation described in paragraph (3).
11                 (I) EVALUATIONS.—The Foundation shall
12             support the development of an evaluation meth-
13             odology, to be used as part of any program sup-
14             ported by the Foundation, that shall—
15                      (i) consist of qualitative and quan-
16                 titative metrics; and
17                      (ii) include periodic third party eval-
18                 uation of those programs and other activi-
19                 ties of the Foundation.
20                 (J) COMMUNICATIONS.—The Foundation
21             shall develop an expertise in communications to
22             promote the work of grant and fellowship re-
23             cipients under subparagraph (B), the commer-
24             cialization successes of the Foundation, oppor-




     † S 1260 ES
                               537
1              tunities for partnership with the Foundation,
2              and other activities.
3                   (K) SOLICITATION AND USE OF FUNDS.—
4              The Foundation may solicit and accept gifts,
5              grants, and other donations, establish accounts,
6              and invest and expend funds in support of the
7              activities and programs of the Foundation.
8              (5) ADMINISTRATION.—
 9                  (A) EXECUTIVE      DIRECTOR.—The     Board
10             shall hire an Executive Director of the Founda-
11             tion, who shall serve at the pleasure of the
12             Board.
13                  (B) COMPENSATION.—The Executive Di-
14             rector shall be compensated at a level not great-
15             er than the rate payable for level IV of the Ex-
16             ecutive Schedule under section 5315 of title 5,
17             United States Code.
18                  (C)    ADMINISTRATIVE       CONTROL.—No

19             member of the Board, officer or employee of the
20             Foundation or of any program established by
21             the Foundation, or participant in a program es-
22             tablished by the Foundation, shall exercise ad-
23             ministrative control over any Federal employee.
24                  (D) STRATEGIC PLAN.—Not later than 1
25             year after the date of enactment of this Act, the


     † S 1260 ES
                              538
1              Foundation shall submit to the Committee on
2              Energy and Natural Resources of the Senate
3              and the Committee on Science, Space, and
4              Technology of the House of Representatives a
5              strategic plan that contains—
6                       (i) a plan for the Foundation to be-
7                  come financially self-sustaining in fiscal
8                  year 2023 and thereafter (except for the
9                  amounts provided each fiscal year under
10                 paragraph (12)(A)(iii));
11                      (ii) a forecast of major crosscutting
12                 energy challenge opportunities, including
13                 short- and long-term objectives, identified
14                 by the Board, with input from commu-
15                 nities representing the entities and areas
16                 of subject matter expertise, as applicable,
17                 described in paragraph (2)(B)(iii)(II);
18                      (iii) a description of the efforts that
19                 the Foundation will take to be transparent
20                 in the processes of the Foundation, includ-
21                 ing processes relating to—
22                           (I) grant awards, including selec-
23                      tion, review, and notification;




     † S 1260 ES
                              539
 1                            (II) communication of past, cur-
 2                      rent, and future research priorities;
 3                      and
 4                            (III) solicitation of and response
 5                      to public input on the opportunities
 6                      identified under clause (ii);
 7                      (iv) a description of the financial
 8                 goals and benchmarks of the Foundation
 9                 for the following 10 years; and
10                      (v) a description of the efforts under-
11                 taken by the Foundation to ensure max-
12                 imum complementarity and minimum re-
13                 dundancy with investments made by the
14                 Department.
15                 (E) ANNUAL REPORT.—Not later than 1
16             year after the date on which the Foundation is
17             established, and every 2 years thereafter, the
18             Foundation shall submit to the Committee on
19             Energy and Natural Resources of the Senate,
20             the Committee on Science, Space, and Tech-
21             nology of the House of Representatives, and the
22             Secretary a report that, for the year covered by
23             the report—
24                      (i) describes the activities of the
25                 Foundation and the progress of the Foun-


     † S 1260 ES
                              540
1                  dation in furthering the purposes of the
2                  Foundation described in paragraph (3);
3                       (ii) provides a specific accounting of
4                  the source and use of all funds made avail-
5                  able to the Foundation to carry out those
6                  activities to ensure transparency in the
7                  alignment of Department missions and
8                  policies with national security;
9                       (iii) describes how the results of the
10                 activities of the Foundation could be incor-
11                 porated into the procurement processes of
12                 the General Services Administration; and
13                      (iv) includes a summary of each eval-
14                 uation conducted using the evaluation
15                 methodology described in paragraph (4)(I).
16                 (F) EVALUATION BY COMPTROLLER GEN-
17             ERAL.—Not later than 5 years after the date on

18             which the Foundation is established, the Comp-
19             troller General of the United States shall sub-
20             mit to the Committee on Energy and Natural
21             Resources of the Senate and the Committee on
22             Science, Space, and Technology of the House of
23             Representatives—
24                      (i) an evaluation of—




     † S 1260 ES
                             541
 1                           (I) the extent to which the Foun-
 2                      dation is achieving the mission of the
 3                      Foundation; and
 4                           (II) the operation of the Founda-
 5                      tion; and
 6                      (ii) any recommendations on how the
 7                 Foundation may be improved.
 8                 (G) AUDITS.—The Foundation shall—
 9                      (i) provide for annual audits of the fi-
10                 nancial condition of the Foundation; and
11                      (ii) make the audits, and all other
12                 records, documents, and papers of the
13                 Foundation, available to the Secretary and
14                 the Comptroller General of the United
15                 States for examination or audit.
16                 (H) SEPARATE       FUND    ACCOUNTS.—The

17             Board shall ensure that any funds received
18             under paragraph (12)(A) are held in a separate
19             account from any other funds received by the
20             Foundation.
21                 (I) INTEGRITY.—
22                      (i) IN GENERAL.—To ensure integrity
23                 in the operations of the Foundation, the
24                 Board shall develop and enforce procedures
25                 relating to standards of conduct, financial


     † S 1260 ES
                               542
 1                 disclosure statements, conflicts of interest
 2                 (including recusal and waiver rules), au-
 3                 dits, and any other matters determined ap-
 4                 propriate by the Board.
 5                       (ii) FINANCIAL CONFLICTS OF INTER-
 6                 EST.—To mitigate conflicts of interest and

 7                 risks from malign foreign influence, any
 8                 individual who is an officer, employee, or
 9                 member of the Board is prohibited from
10                 any participation in deliberations by the
11                 Foundation of a matter that would directly
12                 or predictably affect any financial interest
13                 of—
14                            (I) the individual;
15                            (II) a relative (as defined in sec-
16                       tion 109 of the Ethics in Government
17                       Act of 1978 (5 U.S.C. App.)) of that
18                       individual; or
19                            (III) a business organization or
20                       other entity in which the individual
21                       has an interest, including an organiza-
22                       tion or other entity with which the in-
23                       dividual is negotiating employment.
24                 (J) LIABILITY.—




     † S 1260 ES
                             543
 1                      (i) IN GENERAL.—The United States
 2                 shall not be liable for any debts, defaults,
 3                 acts, or omissions of—
 4                           (I) the Foundation;
 5                           (II) a Federal entity with respect
 6                      to an agreement of that Federal enti-
 7                      ty with the Foundation; or
 8                           (III) an Individual Laboratory-
 9                      Associated Foundation with respect to
10                      an agreement of that Federal entity
11                      with the Foundation.
12                      (ii) FULL FAITH AND CREDIT.—The
13                 full faith and credit of the United States
14                 shall not extend to any obligations of the
15                 Foundation.
16                 (K) NONAPPLICABILITY        OF    FACA.—The

17             Federal Advisory Committee Act (5 U.S.C.
18             App.) shall not apply to the Foundation or an
19             Individual Laboratory-Associated Foundation.
20             (6) DEPARTMENT COLLABORATION.—
21                 (A) NATIONAL LABORATORIES.—The Sec-
22             retary shall collaborate with the Foundation to
23             develop a process to ensure collaboration and
24             coordination between the Department, the
25             Foundation, and National Laboratories—


     † S 1260 ES
                             544
 1                     (i) to streamline contracting processes
 2                 between National Laboratories and the
 3                 Foundation, including by—
 4                          (I) streamlining the ability of the
 5                     Foundation to transfer equipment and
 6                     funds to National Laboratories;
 7                          (II) standardizing contract mech-
 8                     anisms to be used by the Foundation
 9                     in engaging with National Labora-
10                     tories; and
11                          (III) streamlining the ability of
12                     the Foundation to fund endowed posi-
13                     tions at National Laboratories;
14                     (ii) to allow a National Laboratory or
15                 site of a National Laboratory—
16                          (I) to accept and perform work
17                     for the Foundation, consistent with
18                     provided resources, notwithstanding
19                     any other provision of law governing
20                     the administration, mission, use, or
21                     operations of the National Laboratory
22                     or site, as applicable; and
23                          (II) to perform that work on a
24                     basis equal to other missions at the
25                     National Laboratory; and


     † S 1260 ES
                              545
 1                       (iii) to permit the director of any Na-
 2                 tional Laboratory or site of a National
 3                 Laboratory to enter into a cooperative re-
 4                 search and development agreement or ne-
 5                 gotiate a licensing agreement with the
 6                 Foundation pursuant to section 12 of the
 7                 Stevenson-Wydler Technology Innovation
 8                 Act of 1980 (15 U.S.C. 3710a).
 9                 (B) DEPARTMENT        LIAISONS.—The     Sec-
10             retary shall appoint liaisons from across the
11             Department to collaborate and coordinate with
12             the Foundation, including not less than 1 liai-
13             son from the Office of Technology Transitions,
14             who shall ensure that the Foundation works in
15             conjunction with the Technology Commer-
16             cialization Fund of the Department.
17                 (C)    ADMINISTRATION.—The         Secretary
18             shall leverage appropriate arrangements, con-
19             tracts, and directives to carry out the process
20             developed under subparagraph (A).
21             (7) NATIONAL SECURITY.—Nothing in this sub-
22      section exempts the Foundation from any national
23      security policy of the Department.
24             (8) SUPPORT SERVICES.—The Secretary may
25      provide facilities, utilities, and support services to


     † S 1260 ES
                             546
 1      the Foundation if it is determined by the Secretary
 2      to be advantageous to the research programs of the
 3      Department.
 4             (9) ANTI-DEFICIENCY ACT.—Subsection (a)(1)
 5      of section 1341 of title 31, United States Code
 6      (commonly referred to as the ‘‘Anti-Deficiency
 7      Act’’), shall not apply to any Federal officer or em-
 8      ployee carrying out any activity of the Foundation
 9      using funds of the Foundation.
10             (10) PREEMPTION OF AUTHORITY.—This sub-
11      section shall not preempt any authority or responsi-
12      bility of the Secretary under any other provision of
13      law.
14             (11) TRANSFER FUNDS.—The Foundation may
15      transfer funds to the Department, which shall be
16      subject to all applicable Federal limitations relating
17      to federally funded research.
18             (12) AUTHORIZATION OF APPROPRIATIONS.—
19                 (A) IN GENERAL.—Of the amounts author-
20             ized to be appropriated under section 2117(a)—
21                      (i) not less than $1,500,000 shall be
22                 for the Secretary for fiscal year 2022 to
23                 establish the Foundation;
24                      (ii) not less than $30,000,000 shall be
25                 for the Foundation for fiscal year 2023 to


     † S 1260 ES
                               547
 1                 carry out the activities of the Foundation;
 2                 and
 3                        (iii) not less than $3,000,000 shall be
 4                 for the Foundation for fiscal year 2024,
 5                 and each fiscal year thereafter, for admin-
 6                 istrative and operational costs.
 7                 (B) COST SHARE.—Funds made available
 8             under subparagraph (A)(ii) shall be required to
 9             be cost-shared by a partner of the Foundation
10             other than the Department or a National Lab-
11             oratory.
12      (c) NATIONAL ENERGY TECHNOLOGY LABORATORY-
13 ASSOCIATED FOUNDATION.—
14             (1) ESTABLISHMENT.—
15                 (A) IN     GENERAL.—Notwithstanding       any
16             other provision of law, the National Energy
17             Technology Laboratory may establish, or enter
18             into an agreement with a nonprofit organization
19             to establish, a Federal Laboratory-Associated
20             Foundation (referred to in this subsection as a
21             ‘‘Laboratory Foundation’’) to support the mis-
22             sion of the National Energy Technology Lab-
23             oratory.
24                 (B)     NOT     AGENCY     OR      INSTRUMEN-

25             TALITY.—A Laboratory Foundation shall not be



     † S 1260 ES
                               548
 1             an agency or instrumentality of the Federal
 2             Government.
 3                  (C) GOVERNANCE       STRUCTURE.—A       Lab-
 4             oratory Foundation established under subpara-
 5             graph (A) shall have a separate governance
 6             structure from, and shall be managed independ-
 7             ently of, the National Energy Technology Lab-
 8             oratory.
 9             (2) ACTIVITIES.—Activities of a Laboratory
10      Foundation may include—
11                  (A) conducting support studies, competi-
12             tions, projects, research, and other activities
13             that further the purpose of the Laboratory
14             Foundation;
15                  (B) carrying out programs to foster col-
16             laboration and partnership among researchers
17             from the Federal Government, State govern-
18             ments, institutions of higher education, feder-
19             ally funded research and development centers,
20             and industry and nonprofit organizations relat-
21             ing to the research, development, and commer-
22             cialization of federally supported technologies;
23                  (C) carrying out programs to leverage
24             technologies to support new product develop-




     † S 1260 ES
                              549
1              ment that supports regional economic develop-
2              ment;
3                  (D) administering prize competitions—
4                       (i) to accelerate private sector com-
5                  petition and investment; and
6                       (ii) that complement the use of prize
7                  authority by the Department;
8                  (E) providing fellowships and grants to re-
9              search and development personnel at, or affili-
10             ated with, federally funded centers, in accord-
11             ance with paragraph (3);
12                 (F) carrying out programs—
13                      (i) that allow scientists from foreign
14                 countries to serve in research capacities in
15                 the United States or other countries in as-
16                 sociation with the National Energy Tech-
17                 nology Laboratory;
18                      (ii) that provide opportunities for em-
19                 ployees of the National Energy Technology
20                 Laboratory to serve in research capacities
21                 in foreign countries;
22                      (iii) to conduct studies, projects, or
23                 research in collaboration with national and
24                 international nonprofit and for-profit orga-
25                 nizations, which may include the provision


     † S 1260 ES
                                550
1                  of stipends, travel, and other support for
2                  personnel;
3                       (iv)(I) to hold forums, meetings, con-
4                  ferences, courses, and training workshops
5                  that may include undergraduate, graduate,
6                  post-graduate, and post-doctoral accredited
7                  courses; and
8                       (II) for the accreditation of those
9                  courses by the Laboratory Foundation at
10                 the State and national level for college de-
11                 grees or continuing education credits;
12                      (v) to support and encourage teachers
13                 and students of science at all levels of edu-
14                 cation;
15                      (vi) to promote an understanding of
16                 science amongst the general public;
17                      (vii) for writing, editing, printing,
18                 publishing, and vending of relevant books
19                 and other materials; and
20                      (viii) for the conduct of other activi-
21                 ties to carry out and support the purpose
22                 of the Laboratory Foundation; and
23                 (G) receiving, administering, soliciting, ac-
24             cepting, and using funds, gifts, devises, or be-
25             quests, either absolutely or in trust of real or


     † S 1260 ES
                                551
 1             personal property or any income therefrom, or
 2             other interest or equity therein for the benefit
 3             of, or in connection with, the mission of the ap-
 4             plicable Federal laboratory, in accordance with
 5             paragraph (4).
 6             (3) FELLOWSHIPS AND GRANTS.—
 7                 (A) SELECTION.—Recipients of fellowships
 8             and grants described in paragraph (2)(E) shall
 9             be selected—
10                       (i) by a Laboratory Foundation and
11                 the donors to a Laboratory Foundation;
12                       (ii) subject to the agreement of the
13                 head of the agency the mission of which is
14                 supported by a Laboratory Foundation;
15                 and
16                       (iii) in the case of a fellowship, based
17                 on the recommendation of the employees of
18                 the National Energy Technology Labora-
19                 tory at which the fellow would serve.
20                 (B) EXPENSES.—Fellowships and grants
21             described in paragraph (2)(E) may include sti-
22             pends, travel, health insurance, benefits, and
23             other appropriate expenses.
24             (4) GIFTS.—An amount of funds, a gift, a de-
25      vise, or a bequest described in paragraph (2)(G)


     † S 1260 ES
                             552
 1      may be accepted by a Laboratory Foundation re-
 2      gardless of whether it is encumbered, restricted, or
 3      subject to a beneficial interest of a private person if
 4      any current or future interest of the funds, gift, de-
 5      vise, or bequest is for the benefit of the research and
 6      development activities of the National Energy Tech-
 7      nology Laboratory.
 8             (5) OWNERSHIP BY FEDERAL GOVERNMENT.—
 9      A contribution, gift, or any other transfer made to
10      or for the use of a Laboratory Foundation shall be
11      regarded as a contribution, gift, or transfer to or for
12      the use of the Federal Government.
13             (6) LIABILITY.—The United States shall not be
14      liable for any debts, defaults, acts, or omissions of
15      a Laboratory Foundation.
16             (7) TRANSFER    OF   FUNDS.—Notwithstanding

17      any other provision of law, a Laboratory Foundation
18      may transfer funds to the National Energy Tech-
19      nology Laboratory and the National Energy Tech-
20      nology Laboratory may accept that transfer of
21      funds.
22             (8) OTHER LAWS.—This subsection shall not
23      alter or supersede any other provision of law gov-
24      erning the authority, scope, establishment, or use of
25      nonprofit organizations by a Federal agency.


     † S 1260 ES
                                553
 1         TITLE VI—SPACE MATTERS
 2            Subtitle A—SPACE Act
 3   SEC. 2601. SHORT TITLE.

 4        This subtitle may be cited as the ‘‘Space Preservation
 5 and Conjunction Emergency Act of 2021’’ or the ‘‘SPACE
 6 Act of 2021’’.
 7   SEC. 2602. SENSE OF CONGRESS.

 8        It is the sense of Congress that—
 9               (1) the increasingly congested nature of the
10        space environment requires immediate action to ad-
11        dress the threat of collisions between spacecraft and
12        orbital debris;
13               (2) such collisions threaten the billions of dol-
14        lars of existing United States and allied spacecraft,
15        including the International Space Station, and en-
16        danger the future usability of space;
17               (3) the provision of accurate and timely notice
18        to commercial satellite operators with respect to po-
19        tential conjunctions enhances safety;
20               (4) a 2020 National Academies for Public Ad-
21        ministration study identified the Department of
22        Commerce as the preferred Federal agency to man-
23        age, process, and disseminate space situational
24        awareness data to commercial satellite operators;
25        and


       † S 1260 ES
                                 554
 1               (5) given the growing space economy, elevating
 2        the Office of Space Commerce within the Depart-
 3        ment of Commerce may enhance the ability of the
 4        Office of Space Commerce—
 5                    (A) to promote space safety through future
 6               space situational awareness and space traffic
 7               management efforts; and
 8                    (B) to coordinate with other Federal agen-
 9               cies and foreign entities.
10   SEC. 2603. DEFINITIONS.

11        In this subtitle:
12               (1) CENTER.—The term ‘‘Center’’ means a
13        Center of Excellence for Space Situational Aware-
14        ness established under section 2605.
15               (2) INSTITUTION OF HIGHER EDUCATION.—The
16        term ‘‘institution of higher education’’ has the
17        meaning given the term in section 101 of the Higher
18        Education Act of 1965 (20 U.S.C. 1001).
19               (3) ORBITAL DEBRIS.—The term ‘‘orbital de-
20        bris’’ means any space object that—
21                    (A) remains in orbit; and
22                    (B) no longer serves any useful function or
23               purpose.
24               (4) SECRETARY.—The term ‘‘Secretary’’ means
25        the Secretary of Commerce.


       † S 1260 ES
                               555
 1              (5) SPACE OBJECT.—The term ‘‘space object’’
 2       means any object launched into space or created in
 3       space by humans.
 4              (6) SPACE     SITUATIONAL     AWARENESS.—The

 5       term ‘‘space situational awareness’’ means—
 6                   (A) the identification and characterization
 7              of space objects and orbital debris; and
 8                   (B) the understanding of the manner in
 9              which space objects and orbital debris behave in
10              space.
11   SEC. 2604. SPACE SITUATIONAL AWARENESS DATA, INFOR-

12                  MATION, AND SERVICES: PROVISION TO NON-

13                  UNITED STATES GOVERNMENT ENTITIES.

14       (a) IN GENERAL.—Chapter 507 of title 51, United
15 States Code, is amended by adding at the end the fol-
16 lowing:
17 ‘‘§ 50704. Space situational awareness data, informa-
18                  tion, and services: provision to non-

19                  United States Government entities

20       ‘‘(a) SPACE SITUATIONAL AWARENESS PROGRAM.—
21              ‘‘(1) REQUIREMENT.—Pursuant to the author-
22       ity provided in section 50702, the Director of Space
23       Commerce, in coordination with appropriate entities
24       within the Department of Commerce and the heads
25       of other relevant Federal agencies—


      † S 1260 ES
                                556
 1                    ‘‘(A) shall carry out a program to improve
 2             the collection, processing, and dissemination of
 3             space situational awareness data, information,
 4             and services;
 5                    ‘‘(B) subject to paragraph (2), may pro-
 6             vide such data, information, and services to 1
 7             or more eligible entities described in subsection
 8             (b);
 9                    ‘‘(C) may obtain such data, information,
10             and services from 1 or more such eligible enti-
11             ties; and
12                    ‘‘(D) not later than 180 days after the
13             date of the enactment of this section, shall ob-
14             tain data or services from 1 or more United
15             States commercial entities, to be stored in an
16             open-architecture data repository that uses
17             commercially available cloud-based computing
18             platforms and other analytic or visualization ca-
19             pabilities.
20             ‘‘(2) TYPE OF INFORMATION PROVIDED.—
21                    ‘‘(A) IN GENERAL.—Data and information
22             provided to eligible entities under paragraph
23             (1)(B) shall be safety-related and unclassified.
24                    ‘‘(B)   NATIONAL   SECURITY.—The     Sec-
25             retary of Commerce, in consultation with the


     † S 1260 ES
                                557
1              Secretary of Defense and the heads of other rel-
2              evant Federal agencies, shall develop a policy to
3              determine the type of information that may be
4              provided under paragraph (1) without compro-
5              mising the national security interests of the
6              United States.
 7      ‘‘(b) ELIGIBLE ENTITY DESCRIBED.—An eligible en-
 8 tity described in this subsection is any non-United States
 9 Government entity, including—
10             ‘‘(1) a State;
11             ‘‘(2) a political subdivision of a State;
12             ‘‘(3) a United States commercial entity;
13             ‘‘(4) the government of a foreign country; and
14             ‘‘(5) a foreign commercial entity.
15      ‘‘(c) PUBLIC SERVICES.—
16             ‘‘(1) IN   GENERAL.—The       Secretary of Com-
17      merce shall designate a basic level of space situa-
18      tional awareness data, information, and services to
19      be provided at no charge to 1 or more eligible enti-
20      ties described in subsection (b), which shall include
21      public services, free of charge, such as—
22                   ‘‘(A) a public catalog of tracked space ob-
23             jects;
24                   ‘‘(B) emergency conjunction notifications;
25             and


     † S 1260 ES
                              558
 1                  ‘‘(C) any other data or services the Direc-
 2              tor of Space Commerce considers appropriate.
 3              ‘‘(2) LIMITATION.—The Secretary of Commerce
 4       may only provide data or services under paragraph
 5       (1)(C) that compete with products offered by United
 6       States commercial entities if the provision of such
 7       data or services is required to address a threat to
 8       space safety.
 9       ‘‘(d) ADVANCED SERVICES.—The Secretary of Com-
10 merce may undertake activities to promote the develop-
11 ment of advanced space situational awareness data, infor-
12 mation, and services to foster the growth of a global space
13 safety industry.
14       ‘‘(e) PROCEDURES.—The Secretary of Commerce
15 shall establish procedures by which the authority under
16 this section shall be carried out.
17       ‘‘(f) IMMUNITY.—The United States, any agency or
18 instrumentality thereof, and any individual, firm, corpora-
19 tion, or other person acting for the United States shall
20 be immune from any suit in any court for any cause of
21 action arising from the provision or receipt of space situa-
22 tional awareness data, information, or services, whether
23 or not provided in accordance with this section, or any
24 related action or omission.




      † S 1260 ES
                                       559
 1 ‘‘§ 50705. Authorization of appropriations
 2         ‘‘There is authorized to be appropriated to the Sec-
 3 retary of Commerce to carry out this chapter $15,000,000
 4 for fiscal year 2021.’’.
 5         (b) TECHNICAL AND CONFORMING AMENDMENT.—
 6 The table of sections for chapter 507 of title 51, United
 7 States Code, is amended by inserting after the item relat-
 8 ing to section 50703 the following:
     ‘‘50704. Space situational awareness data, information, and services: provision
                      to non-United States Government entities.
     ‘‘50705. Authorization of appropriations.’’.

 9   SEC. 2605. CENTERS OF EXCELLENCE FOR SPACE SITUA-

10                    TIONAL AWARENESS.

11         (a) IN GENERAL.—Subject to appropriations, the
12 Secretary shall award grants to eligible entities to estab-
13 lish 1 or more Centers of Excellence for Space Situational
14 Awareness            to      advance        scientific,       technological,
15 transdisciplinary, and policy research in space situational
16 awareness.
17         (b) PURPOSES.—Each Center shall—
18                (1) conduct transdisciplinary research, develop-
19         ment, and demonstration projects related to detect-
20         ing, tracking, identifying, characterizing, modeling,
21         and minimizing space safety, security, and sustain-
22         ability risks to improve—
23                      (A) space situational awareness and the
24                development of open-architecture resources for

       † S 1260 ES
                               560
1              improved space safety, security, and sustain-
2              ability;
3                   (B) the unique identification, tracking,
4              classification, prediction, and modeling of or-
5              bital debris and space objects;
6                   (C) the monitoring, quantification, assess-
7              ment, modeling, and prediction of space oper-
8              ations and environmental threats and hazards,
9              including in space collisions;
10                  (D) peer exchange and documentation of
11             evidence-based practices, policies, laws, and reg-
12             ulations related to orbital debris mitigation and
13             remediation; and
14                  (E) sharing, modeling, and curation of
15             data related to orbital debris, space objects, and
16             the environment of orbital debris and space ob-
17             jects;
18             (2) conduct policy research related to space
19      safety, security, and sustainability so as to improve
20      sharing of common data and legal standards related
21      to orbital debris;
22             (3) leverage non-Federal sources of support to
23      improve space situational awareness and minimize
24      space safety, security, and sustainability risks; and




     † S 1260 ES
                               561
 1             (4) draw on commercial capabilities and data,
 2      as appropriate.
 3      (c) ELIGIBLE ENTITIES.—
 4             (1) IN GENERAL.—To be eligible for a grant
 5      under this section, an entity shall be a consortium
 6      led by—
 7                  (A) an institution of higher education; or
 8                  (B) a nonprofit organization.
 9             (2) MEMBERSHIP OF CONSORTIUM.—The con-
10      sortium referred to in paragraph (1) may include 1
11      or more—
12                  (A) commercial entities;
13                  (B) Federal laboratories, including Depart-
14             ment of Defense research laboratories; and
15                  (C) other institutions of higher education
16             or nonprofit organizations.
17      (d) CONSIDERATIONS.—In awarding grants under
18 this section, the Secretary shall consider, at a minimum—
19             (1) the potential of a proposed Center—
20                  (A) to improve the science and technology
21             of space situational awareness; and
22                  (B) to reduce the amount of space safety,
23             security, and sustainability risks; and




     † S 1260 ES
                               562
 1               (2) the commitment of financial support, ad-
 2        vice, participation, and other contributions from
 3        non-Federal sources.
 4        (e) GRANT PERIOD.—A grant awarded under this
 5 section shall be awarded for a period of 5 years.
 6        (f) AUTHORIZATION OF APPROPRIATIONS.—There is
 7 authorized to be appropriated to carry out this section
 8 $20,000,000.
 9 Subtitle B—National Aeronautics
10   and Space Administration Au-
11   thorization Act
12   SEC. 2611. SHORT TITLE.

13        This subtitle may be cited as the ‘‘National Aero-
14 nautics and Space Administration Authorization Act of
15 2021’’.
16   SEC. 2612. DEFINITIONS.

17        In this subtitle:
18               (1) ADMINISTRATION.—The term ‘‘Administra-
19        tion’’ means the National Aeronautics and Space
20        Administration.
21               (2) ADMINISTRATOR.—The term ‘‘Adminis-
22        trator’’ means the Administrator of the National
23        Aeronautics and Space Administration.
24               (3)   APPROPRIATE   COMMITTEES        OF   CON-

25        GRESS.—Except as otherwise expressly provided, the



       † S 1260 ES
                               563
 1      term       ‘‘appropriate    committees   of   Congress’’
 2      means—
 3                  (A) the Committee on Commerce, Science,
 4             and Transportation of the Senate; and
 5                  (B) the Committee on Science, Space, and
 6             Technology of the House of Representatives.
 7             (4) CISLUNAR        SPACE.—The    term ‘‘cislunar
 8      space’’ means the region of space beyond low-Earth
 9      orbit out to and including the region around the sur-
10      face of the Moon.
11             (5) DEEP     SPACE.—The     term ‘‘deep space’’
12      means the region of space beyond low-Earth orbit,
13      including cislunar space.
14             (6) DEVELOPMENT COST.—The term ‘‘develop-
15      ment cost’’ has the meaning given the term in sec-
16      tion 30104 of title 51, United States Code.
17             (7) ISS.—The term ‘‘ISS’’ means the Inter-
18      national Space Station.
19             (8) ISS     MANAGEMENT      ENTITY.—The     term
20      ‘‘ISS management entity’’ means the organization
21      with which the Administrator has entered into a co-
22      operative agreement under section 504(a) of the Na-
23      tional Aeronautics and Space Administration Au-
24      thorization Act of 2010 (42 U.S.C. 18354(a)).




     † S 1260 ES
                               564
 1              (9) NASA.—The term ‘‘NASA’’ means the Na-
 2       tional Aeronautics and Space Administration.
 3              (10) ORION.—The term ‘‘Orion’’ means the
 4       multipurpose crew vehicle described in section 303 of
 5       the National Aeronautics and Space Administration
 6       Authorization Act of 2010 (42 U.S.C. 18323).
 7              (11) OSTP.—The term ‘‘OSTP’’ means the Of-
 8       fice of Science and Technology Policy.
 9              (12)   SPACE   LAUNCH    SYSTEM.—The        term
10       ‘‘Space Launch System’’ means the Space Launch
11       System authorized under section 302 of the National
12       Aeronautics and Space Administration Act of 2010
13       (42 U.S.C. 18322).
14    PART I—AUTHORIZATION OF APPROPRIATIONS

15   SEC. 2613. AUTHORIZATION OF APPROPRIATIONS.

16       There are authorized to be appropriated to the Ad-
17 ministration for fiscal year 2021 $23,495,000,000 as fol-
18 lows:
19              (1) For Exploration, $6,706,400,000.
20              (2) For Space Operations, $3,988,200,000.
21              (3) For Science, $7,274,700,000.
22              (4) For Aeronautics, $828,700,000.
23              (5) For Space Technology, $1,206,000,000.
24              (6) For Science, Technology, Engineering, and
25       Mathematics Engagement, $120,000,000.


      † S 1260 ES
                              565
 1              (7) For Safety, Security, and Mission Services,
 2       $2,936,500,000.
 3              (8) For Construction and Environmental Com-
 4       pliance and Restoration, $390,300,000.
 5              (9) For Inspector General, $44,200,000.
 6           PART II—HUMAN SPACEFLIGHT AND

 7                        EXPLORATION

 8   SEC. 2614. COMPETITIVENESS WITHIN THE HUMAN LAND-

 9                  ING SYSTEM PROGRAM.

10       (a) SENSE OF CONGRESS.—It is the sense of Con-
11 gress that—
12              (1) advances in space technology and space ex-
13       ploration capabilities ensure the long-term techno-
14       logical    preeminence,    economic   competitiveness,
15       STEM workforce development, and national security
16       of the United States;
17              (2) the development of technologies that enable
18       human exploration of the lunar surface and other ce-
19       lestial bodies is critical to the space industrial base
20       of the United States;
21              (3) commercial entities in the United States
22       have made significant investment and progress to-
23       ward the development of human-class lunar landers;
24              (4) NASA developed the Artemis program—




      † S 1260 ES
                               566
 1                    (A) to fulfill the goal of landing United
 2             States astronauts, including the first woman
 3             and the next man, on the Moon; and
 4                    (B) to collaborate with commercial and
 5             international partners to establish sustainable
 6             lunar exploration by 2028;
 7             (5) in carrying out the Artemis program, the
 8      Administrator should ensure that the entire Artemis
 9      program is inclusive and representative of all people
10      of the United States, including women and minori-
11      ties; and
12             (6) maintaining multiple technically credible
13      providers within NASA commercial programs is a
14      best practice that reduces programmatic risk.
15      (b) STATEMENT OF POLICY.—It shall be the policy
16 of the United States—
17             (1) to bolster the domestic space technology in-
18      dustrial base, using existing tools and authorities,
19      particularly in areas central to competition between
20      the United States and the People’s Republic of
21      China; and
22             (2) to mitigate threats and minimize challenges
23      to the superiority of the United States in space tech-
24      nology, including lunar infrastructure and lander ca-
25      pabilities.


     † S 1260 ES
                              567
 1      (c) HUMAN LANDING SYSTEM PROGRAM.—
 2             (1) IN GENERAL.—Not later than 60 days after
 3      the date of the enactment of this division, the Ad-
 4      ministrator shall maintain competitiveness within
 5      the human landing system program by funding de-
 6      sign, development, testing, and evaluation for not
 7      fewer than 2 entities.
 8             (2) REQUIREMENTS.—In carrying out the
 9      human landing system program referred to in para-
10      graph (1), the Administrator shall, to the extent
11      practicable—
12                 (A) encourage reusability and sustain-
13             ability of systems developed; and
14                 (B) offer existing capabilities and assets of
15             NASA centers to support such partnerships.
16             (3) BRIEFING.—Not later than 60 days after
17      the date of the enactment of this division, the Ad-
18      ministrator shall provide to the appropriate commit-
19      tees of Congress a briefing on the implementation of
20      paragraph (1).
21             (4) AUTHORIZATION OF APPROPRIATIONS.—In
22      addition to amounts otherwise appropriated for the
23      Artemis program, for fiscal years 2021 through
24      2025, there is authorized to be appropriated




     † S 1260 ES
                             568
 1       $10,032,000,000 to NASA to carry out the human
 2       landing system program.
 3              (5) SAVINGS.—The Administrator shall not, in
 4       order to comply with the obligations referred to in
 5       paragraph (1), modify, terminate, or rescind any se-
 6       lection decisions or awards made under the human
 7       landing system program that were announced prior
 8       to the date of enactment of this division.
 9       (d) APPROPRIATE COMMITTEES OF CONGRESS DE-
10   FINED.—In this section, the term ‘‘appropriate commit-

11 tees of Congress’’ means—
12              (1) the Committee on Commerce, Science, and
13       Transportation and the Committee on Appropria-
14       tions of the Senate; and
15              (2) the Committee on Science, Space, and
16       Technology and the Committee on Appropriations of
17       the House of Representatives.
18   SEC. 2615. SPACE LAUNCH SYSTEM CONFIGURATIONS.

19       (a) MOBILE LAUNCH PLATFORM.—The Adminis-
20 trator is authorized to maintain 2 operational mobile
21 launch platforms to enable the launch of multiple configu-
22 rations of the Space Launch System.
23       (b) EXPLORATION UPPER STAGE.—To meet the ca-
24 pability requirements under section 302(c)(2) of the Na-
25 tional Aeronautics and Space Administration Authoriza-


      † S 1260 ES
                               569
 1 tion Act of 2010 (42 U.S.C. 18322(c)(2)), the Adminis-
 2 trator shall continue development of the Exploration
 3 Upper Stage for the Space Launch System with a sched-
 4 uled availability sufficient for use on the third launch of
 5 the Space Launch System.
 6       (c) BRIEFING.—Not later than 90 days after the date
 7 of the enactment of this division, the Administrator shall
 8 brief the appropriate committees of Congress on the devel-
 9 opment and scheduled availability of the Exploration
10 Upper Stage for the third launch of the Space Launch
11 System.
12       (d) MAIN PROPULSION TEST ARTICLE.—To meet the
13 requirements under section 302(c)(3) of the National Aer-
14 onautics and Space Administration Authorization Act of
15 2010 (42 U.S.C. 18322(c)(3)), the Administrator shall—
16              (1) immediately on completion of the first full-
17       duration integrated core stage test of the Space
18       Launch System, initiate development of a main pro-
19       pulsion test article for the integrated core stage pro-
20       pulsion elements of the Space Launch System, con-
21       sistent with cost and schedule constraints, particu-
22       larly for long-lead propulsion hardware needed for
23       flight;
24              (2) not later than 180 days after the date of
25       the enactment of this division, submit to the appro-


      † S 1260 ES
                              570
 1       priate committees of Congress a detailed plan for
 2       the development and operation of such main propul-
 3       sion test article; and
 4              (3) use existing capabilities of NASA centers
 5       for the design, manufacture, and operation of the
 6       main propulsion test article.
 7   SEC. 2616. ADVANCED SPACESUITS.

 8       (a) SENSE OF CONGRESS.—It is the sense of Con-
 9 gress that next-generation advanced spacesuits are a crit-
10 ical technology for human space exploration and use of
11 low-Earth orbit, cislunar space, the surface of the Moon,
12 and Mars.
13       (b) DEVELOPMENT PLAN.—The Administrator shall
14 establish a detailed plan for the development and manu-
15 facture of advanced spacesuits, consistent with the deep
16 space exploration goals and timetables of NASA.
17       (c) DIVERSE ASTRONAUT CORPS.—The Adminis-
18 trator shall ensure that spacesuits developed and manufac-
19 tured after the date of the enactment of this division are
20 capable of accommodating a wide range of sizes of astro-
21 nauts so as to meet the needs of the diverse NASA astro-
22 naut corps.
23       (d) ISS USE.—Throughout the operational life of the
24 ISS, the Administrator should fully use the ISS for testing
25 advanced spacesuits.


      † S 1260 ES
                             571
 1       (e) PRIOR INVESTMENTS.—
 2              (1) IN GENERAL.—In developing an advanced
 3       spacesuit, the Administrator shall, to the maximum
 4       extent practicable, partner with industry-proven
 5       spacesuit design, development, and manufacturing
 6       suppliers and leverage prior and existing investments
 7       in advanced spacesuit technologies and existing ca-
 8       pabilities at NASA centers to maximize the benefits
 9       of such investments and technologies.
10              (2) AGREEMENTS WITH PRIVATE ENTITIES.—In
11       carrying out this subsection, the Administrator may
12       enter into 1 or more agreements with 1 or more pri-
13       vate entities for the manufacture of advanced
14       spacesuits, as the Administrator considers appro-
15       priate.
16       (f) BRIEFING.—Not later than 180 days after the
17 date of the enactment of this division, and semiannually
18 thereafter until NASA procures advanced spacesuits
19 under this section, the Administrator shall brief the appro-
20 priate committees of Congress on the development plan
21 in subsection (b).




      † S 1260 ES
                                  572
 1   SEC. 2617. ACQUISITION OF DOMESTIC SPACE TRANSPOR-

 2                  TATION AND LOGISTICS RESUPPLY SERV-

 3                  ICES.

 4       (a) IN GENERAL.—Except as provided in subsection
 5 (b), the Administrator shall not enter into any contract
 6 with a person or entity that proposes to use, or will use,
 7 a foreign launch provider for a commercial service to pro-
 8 vide space transportation or logistics resupply for—
 9              (1) the ISS; or
10              (2) any Government-owned or Government-
11       funded platform in Earth orbit or cislunar space, on
12       the lunar surface, or elsewhere in space.
13       (b) EXCEPTION.—The Administrator may enter into
14 a contract with a person or an entity that proposes to use,
15 or will use, a foreign launch provider for a commercial
16 service to carry out an activity described in subsection (a)
17 if—
18              (1) a domestic vehicle or service is unavailable;
19       or
20              (2) the launch vehicle or service is a contribu-
21       tion by a partner to an international no-exchange-of-
22       funds collaborative effort.
23       (c) RULE OF CONSTRUCTION.—Nothing in this sec-
24 tion shall be construed to prohibit the Administrator from
25 entering into 1 or more no-exchange-of-funds collaborative


      † S 1260 ES
                                573
 1 agreements with an international partner in support of the
 2 deep space exploration plan of NASA.
 3   SEC. 2618. ROCKET ENGINE TEST INFRASTRUCTURE.

 4       (a) IN GENERAL.—The Administrator shall continue
 5 to carry out a program to modernize rocket propulsion test
 6 infrastructure at NASA facilities—
 7              (1) to increase capabilities;
 8              (2) to enhance safety;
 9              (3) to support propulsion development and test-
10       ing; and
11              (4) to foster the improvement of Government
12       and commercial space transportation and explo-
13       ration.
14       (b) PROJECTS.—Projects funded under the program
15 described in subsection (a) may include—
16              (1) infrastructure and other facilities and sys-
17       tems relating to rocket propulsion test stands and
18       rocket propulsion testing;
19              (2) enhancements to test facility capacity and
20       flexibility; and
21              (3) such other projects as the Administrator
22       considers appropriate to meet the goals described in
23       that subsection.
24       (c) REQUIREMENTS.—In carrying out the program
25 under subsection (a), the Administrator shall—


      † S 1260 ES
                               574
 1              (1) prioritize investments in projects that en-
 2       hance test and flight certification capabilities for
 3       large thrust-level atmospheric and altitude engines
 4       and engine systems, and multi-engine integrated test
 5       capabilities;
 6              (2) continue to make underutilized test facilities
 7       available for commercial use on a reimbursable
 8       basis; and
 9              (3) ensure that no project carried out under
10       this program adversely impacts, delays, or defers
11       testing or other activities associated with facilities
12       used for Government programs, including—
13                  (A) the Space Launch System and the Ex-
14              ploration Upper Stage of the Space Launch
15              System;
16                  (B) in-space propulsion to support explo-
17              ration missions; or
18                  (C) nuclear propulsion testing.
19       (d) RULE OF CONSTRUCTION.—Nothing in this sec-
20 tion shall preclude a NASA program, including the Space
21 Launch System and the Exploration Upper Stage of the
22 Space Launch System, from using the modernized test in-
23 frastructure developed under this section.
24       (e) WORKING CAPITAL FUND STUDY.—




      † S 1260 ES
                                575
 1              (1) IN GENERAL.—Not later than 180 days
 2       after the date of the enactment of this division, the
 3       Administrator shall submit to the appropriate com-
 4       mittees of Congress a report on the use of the au-
 5       thority under section 30102 of title 51, United
 6       States Code, to promote increased use of NASA
 7       rocket propulsion test infrastructure for research,
 8       development, testing, and evaluation activities by
 9       other Federal agencies, firms, associations, corpora-
10       tions, and educational institutions.
11              (2) MATTERS TO BE INCLUDED.—The report
12       required by paragraph (1) shall include the fol-
13       lowing:
14                   (A) An assessment of prior use, if any, of
15              the authority under section 30102 of title 51,
16              United States Code, to improve testing infra-
17              structure.
18                   (B) An analysis of any barrier to imple-
19              mentation of such authority for the purpose of
20              promoting increased use of NASA rocket pro-
21              pulsion test infrastructure.
22   SEC. 2619. PEARL RIVER MAINTENANCE.

23       (a) IN GENERAL.—The Administrator shall coordi-
24 nate with the Chief of the Army Corps of Engineers to
25 ensure the continued navigability of the Pearl River and


      † S 1260 ES
                              576
 1 Little Lake channels sufficient to support NASA barge op-
 2 erations surrounding Stennis Space Center and the
 3 Michoud Assembly Facility.
 4       (b) REPORT TO CONGRESS.—Not later than 180 days
 5 after the date of the enactment of this division, the Ad-
 6 ministrator shall submit to the appropriate committees of
 7 Congress a report on efforts under subsection (a).
 8       (c) APPROPRIATE COMMITTEES OF CONGRESS DE-
 9   FINED.—In this section, the term ‘‘appropriate commit-

10 tees of Congress’’ means—
11              (1) the Committee on Commerce, Science, and
12       Transportation, the Committee on Environment and
13       Public Works, and the Committee on Appropriations
14       of the Senate; and
15              (2) the Committee on Science, Space, and
16       Technology, the Committee on Transportation and
17       Infrastructure, and the Committee on Appropria-
18       tions of the House of Representatives.
19   SEC. 2620. VALUE OF INTERNATIONAL SPACE STATION AND

20                  CAPABILITIES IN LOW-EARTH ORBIT.

21       (a) SENSE OF CONGRESS.—It is the sense of Con-
22 gress that—
23              (1) it is in the national and economic security
24       interests of the United States to maintain a contin-
25       uous human presence in low-Earth orbit;


      † S 1260 ES
                               577
 1              (2) low-Earth orbit should be used as a test bed
 2       to advance human space exploration and scientific
 3       discoveries; and
 4              (3) the ISS is a critical component of economic,
 5       commercial, and industrial development in low-Earth
 6       orbit.
 7       (b) HUMAN PRESENCE REQUIREMENT.—The United
 8 States shall continuously maintain the capability for a
 9 continuous human presence in low-Earth orbit through
10 and beyond the useful life of the ISS.
11   SEC. 2621. EXTENSION AND MODIFICATION RELATING TO

12                  INTERNATIONAL SPACE STATION.

13       (a) POLICY.—Section 501(a) of the National Aero-
14 nautics and Space Administration Authorization Act of
15 2010 (42 U.S.C. 18351(a)) is amended by striking
16 ‘‘2024’’ and inserting ‘‘2030’’.
17       (b) MAINTENANCE OF UNITED STATES SEGMENT
18   AND ASSURANCE OF CONTINUED OPERATIONS.—Section

19 503(a) of the National Aeronautics and Space Administra-
20 tion Authorization Act of 2010 (42 U.S.C. 18353(a)) is
21 amended by striking ‘‘September 30, 2024’’ and inserting
22 ‘‘September 30, 2030’’.
23       (c) RESEARCH CAPACITY ALLOCATION AND INTE-
24   GRATION OF RESEARCH PAYLOADS.—Section 504(d) of

25 the National Aeronautics and Space Administration Au-


      † S 1260 ES
                                578
 1 thorization Act of 2010 (42 U.S.C. 18354(d)) is amend-
 2 ed—
 3             (1) in paragraph (1), in the first sentence—
 4                   (A) by striking ‘‘As soon as practicable’’
 5             and all that follows through ‘‘2011,’’ and in-
 6             serting ‘‘The’’; and
 7                   (B) by striking ‘‘September 30, 2024’’ and
 8             inserting ‘‘September 30, 2030’’; and
 9             (2) in paragraph (2), in the third sentence, by
10       striking ‘‘September 30, 2024’’ and inserting ‘‘Sep-
11       tember 30, 2030’’.
12       (d) MAINTENANCE OF USE.—Section 70907 of title
13 51, United States Code, is amended—
14             (1) in the section heading, by striking ‘‘2024’’
15       and inserting ‘‘2030’’;
16             (2) in subsection (a), by striking ‘‘September
17       30, 2024’’ and inserting ‘‘September 30, 2030’’; and
18             (3) in subsection (b)(3), by striking ‘‘September
19       30, 2024’’ and inserting ‘‘September 30, 2030’’.
20       (e)       TRANSITION      PLAN     REPORTS.—Section
21 50111(c)(2) of title 51, United States Code is amended—
22             (1) in the matter preceding subparagraph (A),
23       by striking ‘‘2023’’ and inserting ‘‘2028’’; and
24             (2) in subparagraph (J), by striking ‘‘2028’’
25       and inserting ‘‘2030’’.


     † S 1260 ES
                                       579
 1         (f) ELIMINATION OF INTERNATIONAL SPACE STA-
 2   TION NATIONAL LABORATORY ADVISORY COMMITTEE.—

 3 Section 70906 of title 51, United States Code, is repealed.
 4         (g) CONFORMING AMENDMENTS.—Chapter 709 of
 5 title 51, United States Code, is amended—
 6                (1) by redesignating section 70907 as section
 7         70906; and
 8                (2) in the table of sections for the chapter, by
 9         striking the items relating to sections 70906 and
10         70907 and inserting the following:
     ‘‘70906. Maintaining use through at least 2030.’’.

11   SEC. 2622. DEPARTMENT OF DEFENSE ACTIVITIES ON

12                     INTERNATIONAL SPACE STATION.

13         (a) IN GENERAL.—Not later than 180 days after the
14 date of the enactment of this division, the Secretary of
15 Defense shall—
16                (1) identify and review each activity, program,
17         and project of the Department of Defense com-
18         pleted, being carried out, or planned to be carried
19         out on the ISS as of the date of the review; and
20                (2) provide to the appropriate committees of
21         Congress a briefing that describes the results of the
22         review.
23         (b) APPROPRIATE COMMITTEES OF CONGRESS DE-
24   FINED.—In this section, the term ‘‘appropriate commit-

25 tees of Congress’’ means—
       † S 1260 ES
                             580
 1              (1) the Committee on Armed Services, the
 2       Committee on Appropriations, and the Committee on
 3       Commerce, Science, and Transportation of the Sen-
 4       ate; and
 5              (2) the Committee on Armed Services, the
 6       Committee on Appropriations, and the Committee on
 7       Science, Space, and Technology of the House of
 8       Representatives.
 9   SEC. 2623. COMMERCIAL DEVELOPMENT IN LOW-EARTH

10                  ORBIT.

11       (a) STATEMENT OF POLICY.—It is the policy of the
12 United States to encourage the development of a thriving
13 and robust United States commercial sector in low-Earth
14 orbit.
15       (b) PREFERENCE FOR UNITED STATES COMMERCIAL
16 PRODUCTS AND SERVICES.—The Administrator shall con-
17 tinue to increase the use of assets, products, and services
18 of private entities in the United States to fulfill the low-
19 Earth orbit requirements of the Administration.
20       (c) NONCOMPETITION.—
21              (1) IN GENERAL.—Except as provided in para-
22       graph (2), the Administrator may not offer to a for-
23       eign person or a foreign government a spaceflight
24       product or service relating to the ISS, if a com-




      † S 1260 ES
                              581
 1       parable spaceflight product or service, as applicable,
 2       is offered by a private entity in the United States.
 3              (2) EXCEPTION.—The Administrator may offer
 4       a spaceflight product or service relating to the ISS
 5       to the government of a country that is a signatory
 6       to the Agreement Among the Government of Can-
 7       ada, Governments of Member States of the Euro-
 8       pean Space Agency, the Government of Japan, the
 9       Government of the Russian Federation, and the
10       Government of the United States of America Con-
11       cerning Cooperation on the Civil International Space
12       Station, signed at Washington January 29, 1998,
13       and entered into force on March 27, 2001 (TIAS
14       12927), including an international partner astronaut
15       (as defined in section 50902 of title 51, United
16       States Code) that is sponsored by the government of
17       such a country.
18       (d) SHORT-DURATION COMMERCIAL MISSIONS.—To
19 provide opportunities for additional transport of astro-
20 nauts to the ISS and help establish a commercial market
21 in low-Earth orbit, the Administrator may permit short-
22 duration missions to the ISS for commercial passengers
23 on a fully or partially reimbursable basis.
24       (e) PROGRAM AUTHORIZATION.—




      † S 1260 ES
                                582
 1             (1) ESTABLISHMENT.—The Administrator shall
 2      establish a low-Earth orbit commercial development
 3      program to encourage the fullest commercial use and
 4      development of space by private entities in the
 5      United States.
 6             (2)   ELEMENTS.—The         program     established
 7      under paragraph (1) shall, to the maximum extent
 8      practicable, include activities—
 9                   (A) to stimulate demand for—
10                         (i) space-based commercial research,
11                   development, and manufacturing;
12                         (ii) spaceflight products and services;
13                   and
14                         (iii) human spaceflight products and
15                   services in low-Earth orbit;
16                   (B) to improve the capability of the ISS to
17             accommodate commercial users; and
18                   (C) subject to paragraph (3), to foster the
19             development of commercial space stations and
20             habitats.
21             (3) COMMERCIAL SPACE STATIONS AND HABI-
22      TATS.—

23                   (A) PRIORITY.—With respect to an activity
24             to develop a commercial space station or habi-
25             tat, the Administrator shall give priority to an


     † S 1260 ES
                               583
 1             activity for which a private entity provides a
 2             significant share of the cost to develop and op-
 3             erate the activity.
 4                  (B) REPORT.—Not later than 30 days
 5             after the date that an award or agreement is
 6             made to carry out an activity to develop a com-
 7             mercial space station or habitat, the Adminis-
 8             trator shall submit to the appropriate commit-
 9             tees of Congress a report on the development of
10             the commercial space station or habitat, as ap-
11             plicable, that includes—
12                       (i) a business plan that describes the
13                  manner in which the project will—
14                             (I) meet the future requirements
15                       of NASA for low-Earth orbit human
16                       space-flight services; and
17                             (II) fulfill the cost-share funding
18                       prioritization under subparagraph (A);
19                       and
20                       (ii) a review of the viability of the
21                  operational business case, including—
22                             (I) the level of expected Govern-
23                       ment participation;
24                             (II) a list of anticipated non-
25                       governmental an international cus-


     † S 1260 ES
                               584
 1                       tomers and associated contributions;
 2                       and
 3                             (III) an assessment of long-term
 4                       sustainability for the nongovernmental
 5                       customers, including an independent
 6                       assessment of the viability of the mar-
 7                       ket for such commercial services or
 8                       products.
 9   SEC. 2624. MAINTAINING A NATIONAL LABORATORY IN

10                  SPACE.

11       (a) SENSE OF CONGRESS.—It is the sense of Con-
12 gress that—
13              (1) the United States segment of the Inter-
14       national Space Station (as defined in section 70905
15       of title 51, United States Code), which is designated
16       as a national laboratory under section 70905(b) of
17       title 51, United States Code—
18                   (A) benefits the scientific community and
19              promotes commerce in space;
20                   (B) fosters stronger relationships among
21              NASA and other Federal agencies, the private
22              sector, and research groups and universities;
23                   (C) advances science, technology, engineer-
24              ing, and mathematics education through use of
25              the unique microgravity environment; and


      † S 1260 ES
                               585
 1                  (D) advances human knowledge and inter-
 2              national cooperation;
 3              (2) after the ISS is decommissioned, the United
 4       States should maintain a national microgravity lab-
 5       oratory in space;
 6              (3) in maintaining a national microgravity lab-
 7       oratory in space, the United States should make ap-
 8       propriate accommodations for different types of own-
 9       ership and operation arrangements for the ISS and
10       future space stations;
11              (4) to the maximum extent practicable, a na-
12       tional microgravity laboratory in space should be
13       maintained in cooperation with international space
14       partners; and
15              (5) NASA should continue to support funda-
16       mental science research on future platforms in low-
17       Earth orbit and cislunar space, orbital and sub-
18       orbital flights, drop towers, and other microgravity
19       testing environments.
20       (b) REPORT.—The Administrator, in coordination
21 with the National Space Council and other Federal agen-
22 cies as the Administrator considers appropriate, shall
23 issue a report detailing the feasibility of establishing a
24 microgravity national laboratory federally funded research




      † S 1260 ES
                                586
 1 and development center to carry out activities relating to
 2 the study and use of in-space conditions.
 3   SEC. 2625. INTERNATIONAL SPACE STATION NATIONAL

 4                   LABORATORY; PROPERTY RIGHTS IN INVEN-

 5                   TIONS.

 6       (a) IN GENERAL.—Subchapter III of chapter 201 of
 7 title 51, United States Code, is amended by adding at the
 8 end the following:
 9 ‘‘§ 20150. Property rights in designated inventions
10       ‘‘(a)      EXCLUSIVE   PROPERTY     RIGHTS.—Notwith-
11 standing section 3710a of title 15, chapter 18 of title 35,
12 section 20135, or any other provision of law, a designated
13 invention shall be the exclusive property of a user, and
14 shall not be subject to a Government-purpose license, if—
15               ‘‘(1)(A) the Administration is reimbursed under
16       the terms of the contract for the full cost of a con-
17       tribution by the Federal Government of the use of
18       Federal facilities, equipment, materials, proprietary
19       information of the Federal Government, or services
20       of a Federal employee during working hours, includ-
21       ing the cost for the Administration to carry out its
22       responsibilities under paragraphs (1) and (4) of sec-
23       tion 504(d) of the National Aeronautics and Space
24       Administration Authorization Act of 2010 (42
25       U.S.C. 18354(d));


      † S 1260 ES
                               587
 1              ‘‘(B) Federal funds are not transferred to the
 2       user under the contract; and
 3              ‘‘(C) the designated invention was made (as de-
 4       fined in section 20135(a))—
 5                  ‘‘(i) solely by the user; or
 6                  ‘‘(ii)(I) by the user with the services of a
 7              Federal employee under the terms of the con-
 8              tract; and
 9                  ‘‘(II) the Administration is reimbursed for
10              such services under subparagraph (B); or
11              ‘‘(2) the Administrator determines that the rel-
12       evant field of commercial endeavor is sufficiently im-
13       mature that granting exclusive property rights to the
14       user is necessary to help bolster demand for prod-
15       ucts and services produced on crewed or crew-tended
16       space stations.
17       ‘‘(b) NOTIFICATION TO CONGRESS.—On completion
18 of a determination made under paragraph (2), the Admin-
19 istrator shall submit to the appropriate committees of
20 Congress a notification of the determination that includes
21 a written justification.
22       ‘‘(c) PUBLIC AVAILABILITY.—A determination or
23 part of such determination under paragraph (1) shall be
24 made available to the public on request, as required under




      † S 1260 ES
                             588
 1 section 552 of title 5, United States Code (commonly re-
 2 ferred to as the ‘Freedom of Information Act’).
 3       ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
 4 tion may be construed to affect the rights of the Federal
 5 Government, including property rights in inventions,
 6 under any contract, except in the case of a written con-
 7 tract with the Administration or the ISS management en-
 8 tity for the performance of a designated activity.
 9       ‘‘(e) DEFINITIONS.—In this section—
10              ‘‘(1) CONTRACT.—The term ‘contract’ has the
11       meaning giving the term in section 20135(a).
12              ‘‘(2) DESIGNATED ACTIVITY.—The term ‘des-
13       ignated activity’ means any non-NASA scientific use
14       of the ISS national laboratory as described in sec-
15       tion 504 of the National Aeronautics and Space Ad-
16       ministration Authorization Act of 2010 (42 U.S.C.
17       18354).
18              ‘‘(3) DESIGNATED INVENTION.—The term ‘des-
19       ignated invention’ means any invention, product, or
20       service conceived or first reduced to practice by any
21       person in the performance of a designated activity
22       under a written contract with the Administration or
23       the ISS management entity.
24              ‘‘(4) FULL COST.—The term ‘full cost’ means
25       the cost of transporting materials or passengers to


      † S 1260 ES
                                 589
1       and from the ISS, including any power needs, the
2       disposal of mass, crew member time, stowage, power
3       on the ISS, data downlink, crew consumables, and
4       life support.
 5             ‘‘(5) GOVERNMENT-PURPOSE        LICENSE.—The

 6      term ‘Government-purpose license’ means the res-
 7      ervation by the Federal Government of an irrev-
 8      ocable, nonexclusive, nontransferable, royalty-free li-
 9      cense for the use of an invention throughout the
10      world by or on behalf of the United States or any
11      foreign government pursuant to a treaty or agree-
12      ment with the United States.
13             ‘‘(6) ISS   MANAGEMENT    ENTITY.—The      term
14      ‘ISS management entity’ means the organization
15      with which the Administrator enters into a coopera-
16      tive agreement under section 504(a) of the National
17      Aeronautics and Space Administration Authorization
18      Act of 2010 (42 U.S.C. 18354(a)).
19             ‘‘(7) USER.—The term ‘user’ means a person,
20      including a nonprofit organization or small business
21      firm (as such terms are defined in section 201 of
22      title 35), or class of persons that enters into a writ-
23      ten contract with the Administration or the ISS
24      management entity for the performance of des-
25      ignated activities.’’.


     † S 1260 ES
                                        590
 1         (b) CONFORMING AMENDMENT.—The table of sec-
 2 tions for chapter 201 of title 51, United States Code, is
 3 amended by inserting after the item relating to section
 4 20149 the following:
     ‘‘20150. Property rights in designated inventions.’’.

 5   SEC. 2626. DATA FIRST PRODUCED DURING NON-NASA SCI-

 6                     ENTIFIC USE OF THE ISS NATIONAL LABORA-

 7                     TORY.

 8         (a) DATA RIGHTS.—Subchapter III of chapter 201
 9 of title 51, United States Code, as amended by section
10 2626, is further amended by adding at the end the fol-
11 lowing:
12 ‘‘§ 20151. Data rights
13         ‘‘(a) NON-NASA SCIENTIFIC USE OF THE ISS NA-
14   TIONAL LABORATORY.—The Federal Government may not

15 use or reproduce, or disclose outside of the Government,
16 any data first produced in the performance of a designated
17 activity under a written contract with the Administration
18 or the ISS management entity, unless—
19                ‘‘(1) otherwise agreed under the terms of the
20         contract with the Administration or the ISS man-
21         agement entity, as applicable;
22                ‘‘(2) the designated activity is carried out with
23         Federal funds;
24                ‘‘(3) disclosure is required by law;


       † S 1260 ES
                                591
 1             ‘‘(4) the Federal Government has rights in the
 2      data under another Federal contract, grant, coopera-
 3      tive agreement, or other transaction; or
 4             ‘‘(5) the data is—
 5                 ‘‘(A) otherwise lawfully acquired or inde-
 6             pendently developed by the Federal Govern-
 7             ment;
 8                 ‘‘(B) related to the health and safety of
 9             personnel on the ISS; or
10                 ‘‘(C) essential to the performance of work
11             by the ISS management entity or NASA per-
12             sonnel.
13      ‘‘(b) DEFINITIONS.—In this section:
14             ‘‘(1) CONTRACT.—The term ‘contract’ has the
15      meaning given the term under section 20135(a).
16             ‘‘(2) DATA.—
17                 ‘‘(A)   IN    GENERAL.—The      term    ‘data’
18             means recorded information, regardless of form
19             or the media on which it may be recorded.
20                 ‘‘(B) INCLUSIONS.—The term ‘data’ in-
21             cludes technical data and computer software.
22                 ‘‘(C) EXCLUSIONS.—The term ‘data’ does
23             not include information incidental to contract
24             administration, such as financial, administra-




     † S 1260 ES
                                  592
 1             tive, cost or pricing, or management informa-
 2             tion.
 3             ‘‘(3) DESIGNATED ACTIVITY.—The term ‘des-
 4      ignated activity’ has the meaning given the term in
 5      section 20150.
 6             ‘‘(4) ISS       MANAGEMENT      ENTITY.—The      term
 7      ‘ISS management entity’ has the meaning given the
 8      term in section 20150.’’.
 9      (b) SPECIAL HANDLING OF TRADE SECRETS OR
10 CONFIDENTIAL INFORMATION.—Section 20131(b)(2) of
11 title 51, United States Code, is amended to read as fol-
12 lows:
13             ‘‘(2) INFORMATION DESCRIBED.—
14                     ‘‘(A) ACTIVITIES    UNDER AGREEMENT.—

15             Information referred to in paragraph (1) is in-
16             formation that—
17                           ‘‘(i) results from activities conducted
18                     under an agreement entered into under
19                     subsections (e) and (f) of section 20113;
20                     and
21                           ‘‘(ii) would be a trade secret or com-
22                     mercial or financial information that is
23                     privileged or confidential within the mean-
24                     ing of section 552(b)(4) of title 5 if the in-
25                     formation had been obtained from a non-


     † S 1260 ES
                                      593
 1                        Federal party participating in such an
 2                        agreement.
 3                        ‘‘(B) CERTAIN      DATA.—Information     re-
 4                 ferred to in paragraph (1) includes data (as de-
 5                 fined in section 20151) that—
 6                              ‘‘(i) was first produced by the Admin-
 7                        istration in the performance of any des-
 8                        ignated activity (as defined in section
 9                        20150); and
10                              ‘‘(ii) would be a trade secret or com-
11                        mercial or financial information that is
12                        privileged or confidential within the mean-
13                        ing of section 552(b)(4) of title 5 if the
14                        data had been obtained from a non-Fed-
15                        eral party.’’.
16          (c) CONFORMING AMENDMENT.—The table of sec-
17 tions for chapter 201 of title 51, United States Code, as
18 amended by section 2626, is further amended by inserting
19 after the item relating to section 20150 the following:
     ‘‘20151. Data rights.’’.

20   SEC. 2627. PAYMENTS RECEIVED FOR COMMERCIAL SPACE-

21                      ENABLED PRODUCTION ON THE ISS.

22          (a) SENSE OF CONGRESS.—It is the sense of Con-
23 gress that—
24                 (1) the Administrator should determine a
25          threshold for NASA to recover the costs of sup-
        † S 1260 ES
                             594
 1      porting the commercial development of products or
 2      services aboard the ISS, through the negotiation of
 3      agreements, similar to agreements made by other
 4      Federal agencies that support private sector innova-
 5      tion; and
 6             (2) the amount of such costs that to be recov-
 7      ered or profits collected through such agreements
 8      should be applied by the Administrator through a
 9      tiered process, taking into consideration the relative
10      maturity and profitability of the applicable product
11      or service.
12      (b) IN GENERAL.—Subchapter III of chapter 201 of
13 title 51, United States Code, as amended by section 2627,
14 is further amended by adding at the end the following:
15 ‘‘§ 20152. Payments received for commercial space-en-
16                 able production

17      ‘‘(a) ANNUAL REVIEW.—
18             ‘‘(1) IN GENERAL.—Not later than one year
19      after the date of the enactment of this section, and
20      annually thereafter, the Administrator shall review
21      the profitability of any partnership with a private
22      entity under a contract in which the Adminis-
23      trator—




     † S 1260 ES
                              595
 1                 ‘‘(A) permits the use of the ISS by such
 2             private entities to produce a commercial prod-
 3             uct or service; and
 4                 ‘‘(B) provides the total unreimbursed cost
 5             of a contribution by the Federal Government
 6             for the use of Federal facilities, equipment, ma-
 7             terials, proprietary information of the Federal
 8             Government, or services of a Federal employee
 9             during working hours, including the cost for the
10             Administration to carry out its responsibilities
11             under paragraphs (1) and (4) of section 504(d)
12             of the National Aeronautics and Space Admin-
13             istration Authorization Act of 2010 (42 U.S.C.
14             18354(d)).
15             ‘‘(2) NEGOTIATION     OF   REIMBURSEMENTS.—

16      Subject to the review described in paragraph (1), the
17      Administrator shall seek to enter into an agreement
18      to negotiate reimbursements for payments received,
19      or portions of profits created, by any mature, profit-
20      able private entity described in that paragraph, as
21      appropriate, through a tiered process that reflects
22      the profitability of the relevant product or service.
23             ‘‘(3) USE OF FUNDS.—Amounts received by the
24      Administrator in accordance with an agreement




     † S 1260 ES
                                  596
 1       under paragraph (2) shall be used by the Adminis-
 2       trator in the following order of priority:
 3                      ‘‘(A) To defray the operating cost of the
 4              ISS.
 5                      ‘‘(B) To develop, implement, or operate fu-
 6              ture low-Earth orbit platforms or capabilities.
 7                      ‘‘(C) To develop, implement, or operate fu-
 8              ture human deep space platforms or capabili-
 9              ties.
10                      ‘‘(D) Any other costs the Administrator
11              considers appropriate.
12              ‘‘(4) REPORT.—On completion of the first an-
13       nual review under paragraph (1), and annually
14       thereafter, the Administrator shall submit to the ap-
15       propriate committees of Congress a report that in-
16       cludes a description of the results of the annual re-
17       view, any agreement entered into under this section,
18       and the amounts recouped or obtained under any
19       such agreement.
20       ‘‘(b) LICENSING         AND    ASSIGNMENT     OF   INVEN-
21   TIONS.—Notwithstanding         sections 3710a and 3710c of
22 title 15 and any other provision of law, after payment in
23 accordance with subsection (A)(i) of such section
24 3710c(a)(1)(A)(i) to the inventors who have directly as-
25 signed to the Federal Government their interests in an in-


      † S 1260 ES
                               597
 1 vention under a written contract with the Administration
 2 or the ISS management entity for the performance of a
 3 designated activity, the balance of any royalty or other
 4 payment received by the Administrator or the ISS man-
 5 agement entity from licensing and assignment of such in-
 6 vention shall be paid by the Administrator or the ISS
 7 management entity, as applicable, to the Space Explo-
 8 ration Fund.
 9      ‘‘(c) SPACE EXPLORATION FUND.—
10             ‘‘(1) ESTABLISHMENT.—There is established in
11      the Treasury of the United States a fund, to be
12      known as the ‘Space Exploration Fund’ (referred to
13      in this subsection as the ‘Fund’), to be administered
14      by the Administrator.
15             ‘‘(2) USE OF FUND.—The Fund shall be avail-
16      able to carry out activities described in subsection
17      (a)(3).
18             ‘‘(3) DEPOSITS.—There shall be deposited in
19      the Fund—
20                  ‘‘(A) amounts appropriated to the Fund;
21                  ‘‘(B) fees and royalties collected by the Ad-
22             ministrator or the ISS management entity
23             under subsections (a) and (b); and
24                  ‘‘(C) donations or contributions designated
25             to support authorized activities.


     † S 1260 ES
                                 598
 1             ‘‘(4) RULE OF CONSTRUCTION.—Amounts avail-
 2      able to the Administrator under this subsection shall
 3      be—
 4                     ‘‘(A) in addition to amounts otherwise
 5             made available for the purpose described in
 6             paragraph (2); and
 7                     ‘‘(B) available for a period of 5 years, to
 8             the extent and in the amounts provided in an-
 9             nual appropriation Acts.
10      ‘‘(d) DEFINITIONS.—
11             ‘‘(1) IN GENERAL.—In this section, any term
12      used in this section that is also used in section
13      20150 shall have the meaning given the term in that
14      section.
15             ‘‘(2)     APPROPRIATE     COMMITTEES     OF   CON-

16      GRESS.—The term ‘appropriate committees of Con-

17      gress’ means—
18                     ‘‘(A)   the   Committee   on    Commerce,
19             Science, and Transportation and the Committee
20             on Appropriations of the Senate; and
21                     ‘‘(B) the Committee on Science, Space,
22             and Technology and the Committee on Appro-
23             priations of the House of Representatives.’’.
24      (c) CONFORMING AMENDMENT.—The table of sec-
25 tions for chapter 201 of title 51, United States Code, as


     † S 1260 ES
                                       599
 1 amended by section and 2626, is further amended by in-
 2 serting after the item relating to section 20151 the fol-
 3 lowing:
     ‘‘20152. Payments received for commercial space-enabled production.’’.

 4   SEC. 2628. STEPPING STONE APPROACH TO EXPLORATION.

 5         (a) IN GENERAL.—Section 70504 of title 51, United
 6 States Code, is amended to read as follows:
 7 ‘‘§ 70504. Stepping stone approach to exploration
 8         ‘‘(a) IN GENERAL.—The Administrator, in sustain-
 9 able steps, may conduct missions to intermediate destina-
10 tions, such as the Moon, in accordance with section
11 20302(b), and on a timetable determined by the avail-
12 ability of funding, in order to achieve the objective of
13 human exploration of Mars specified in section 202(b)(5)
14 of the National Aeronautics and Space Administration Au-
15 thorization Act of 2010 (42 U.S.C. 18312(b)(5)), if the
16 Administrator—
17                ‘‘(1) determines that each such mission dem-
18         onstrates or advances a technology or operational
19         concept that will enable human missions to Mars;
20         and
21                ‘‘(2) incorporates each such mission into the
22         human exploration roadmap under section 432 of
23         the National Aeronautics and Space Administration
24         Transition Authorization Act of 2017 (Public Law
25         115–10; 51 U.S.C. 20302 note).
       † S 1260 ES
                                 600
 1      ‘‘(b) CISLUNAR SPACE EXPLORATION ACTIVITIES.—
 2 In conducting a mission under subsection (a), the Admin-
 3 istrator shall—
 4             ‘‘(1) use a combination of launches of the Space
 5      Launch System and space transportation services
 6      from United States commercial providers, as appro-
 7      priate, for the mission;
 8             ‘‘(2) plan for not fewer than 1 Space Launch
 9      System launch annually beginning after the first
10      successful crewed launch of Orion on the Space
11      Launch System; and
12             ‘‘(3) establish an outpost in orbit around the
13      Moon that—
14                 ‘‘(A) demonstrates technologies, systems,
15             and operational concepts directly applicable to
16             the space vehicle that will be used to transport
17             humans to Mars;
18                 ‘‘(B) has the capability for periodic human
19             habitation; and
20                 ‘‘(C) can function as a point of departure,
21             return, or staging for Administration or non-
22             governmental or international partner missions
23             to multiple locations on the lunar surface or
24             other destinations.




     † S 1260 ES
                              601
 1       ‘‘(c) COST-EFFECTIVENESS.—To maximize the cost-
 2 effectiveness of the long-term space exploration and utili-
 3 zation activities of the United States, the Administrator
 4 shall take all necessary steps, including engaging non-
 5 governmental and international partners, to ensure that
 6 activities in the Administration’s human space exploration
 7 program are balanced in order to help meet the require-
 8 ments of future exploration and utilization activities lead-
 9 ing to human habitation on the surface of Mars.
10       ‘‘(d) COMPLETION.—Within budgetary consider-
11 ations, once an exploration-related project enters its devel-
12 opment phase, the Administrator shall seek, to the max-
13 imum extent practicable, to complete that project without
14 undue delay.
15       ‘‘(e) INTERNATIONAL PARTICIPATION.—To achieve
16 the goal of successfully conducting a crewed mission to
17 the surface of Mars, the Administrator shall invite the
18 partners in the ISS program and other nations, as appro-
19 priate, to participate in an international initiative under
20 the leadership of the United States.’’.
21       (b) DEFINITION      OF     CISLUNAR SPACE.—Section
22 10101 of title 51, United States Code, is amended by add-
23 ing at the end the following:
24              ‘‘(3) CISLUNAR     SPACE.—The   term ‘cislunar
25       space’ means the region of space beyond low-Earth


      † S 1260 ES
                                   602
 1          orbit out to and including the region around the sur-
 2          face of the Moon.’’.
 3          (c) TECHNICAL AND CONFORMING AMENDMENTS.—
 4 Section 3 of the National Aeronautics and Space Adminis-
 5 tration Authorization Act of 2010 (42 U.S.C. 18302) is
 6 amended by striking paragraphs (2) and (3) and inserting
 7 the following:
 8               ‘‘(2)     APPROPRIATE     COMMITTEES    OF     CON-

 9          GRESS.—The term ‘appropriate committees of Con-

10          gress’ means—
11                       ‘‘(A)   the   Committee    on   Commerce,
12               Science, and Transportation of the Senate; and
13                       ‘‘(B) the Committee on Science, Space,
14               and Technology of the House of Representa-
15               tives.
16               ‘‘(3) CISLUNAR        SPACE.—The    term ‘cislunar
17          space’ means the region of space beyond low-Earth
18          orbit out to and including the region around the sur-
19          face of the Moon.’’.
20   SEC.    2629.   TECHNICAL         AMENDMENTS    RELATING    TO

21                   ARTEMIS MISSIONS.

22          (a) Section 421 of the National Aeronautics and
23 Space Administration Authorization Act of 2017 (Public
24 Law 115–10; 51 U.S.C. 20301 note) is amended—
25               (1) in subsection (c)(3)—


      † S 1260 ES
                                 603
 1                   (A) by striking ‘‘EM–1’’ and inserting
 2              ‘‘Artemis I’’;
 3                   (B) by striking ‘‘EM–2’’ and inserting
 4              ‘‘Artemis II’’; and
 5                   (C) by striking ‘‘EM–3’’ and inserting
 6              ‘‘Artemis III’’; and
 7              (2) in subsection (f)(3), by striking ‘‘EM–3’’
 8       and inserting ‘‘Artemis III’’.
 9       (b) Section 432(b) of the National Aeronautics and
10 Space Administration Authorization Act of 2017 (Public
11 Law 115–10; 51 U.S.C. 20302 note) is amended—
12              (1) in paragraph (3)(D)—
13                   (A) by striking ‘‘EM–1’’ and inserting
14              ‘‘Artemis I’’; and
15                   (B) by striking ‘‘EM–2’’ and inserting
16              ‘‘Artemis II’’; and
17              (2) in paragraph (4)(C), by striking ‘‘EM–3’’
18       and inserting ‘‘Artemis III’’.
19                       PART III—SCIENCE

20   SEC. 2631. SCIENCE PRIORITIES.

21       (a) SENSE OF CONGRESS ON SCIENCE PORTFOLIO.—
22 Congress reaffirms the sense of Congress that—
23              (1) a balanced and adequately funded set of ac-
24       tivities, consisting of research and analysis grant
25       programs, technology development, suborbital re-


      † S 1260 ES
                              604
 1      search activities, and small, medium, and large space
 2      missions, contributes to a robust and productive
 3      science program and serves as a catalyst for innova-
 4      tion and discovery; and
 5             (2) the Administrator should set science prior-
 6      ities by following the guidance provided by the sci-
 7      entific community through the decadal surveys of
 8      the National Academies of Sciences, Engineering,
 9      and Medicine.
10      (b) NATIONAL ACADEMIES DECADAL SURVEYS.—
11 Section 20305(c) of title 51, United States Code, is
12 amended—
13             (1) by striking ‘‘The Administrator shall’’ and
14      inserting the following:
15             ‘‘(1) REEXAMINATION OF PRIORITIES BY NA-
16      TIONAL ACADEMIES.—The Administrator shall’’; and

17             (2) by adding at the end the following:
18             ‘‘(2) REEXAMINATION OF PRIORITIES BY AD-
19      MINISTRATOR.—If the Administrator decides to reex-

20      amine the applicability of the priorities of the
21      decadal surveys to the missions and activities of the
22      Administration due to scientific discoveries or exter-
23      nal factors, the Administrator shall consult with the
24      relevant committees of the National Academies.’’.




     † S 1260 ES
                               605
 1   SEC. 2632. LUNAR DISCOVERY PROGRAM.

 2       (a) IN GENERAL.—The Administrator may carry out
 3 a program to conduct lunar science research, including
 4 missions to the surface of the Moon, that materially con-
 5 tributes to the objective described in section 20102(d)(1)
 6 of title 51, United States Code.
 7       (b) COMMERCIAL LANDERS.—In carrying out the
 8 program under subsection (a), the Administrator shall
 9 procure the services of commercial landers developed pri-
10 marily by United States industry to land science payloads
11 of all classes on the lunar surface.
12       (c) LUNAR SCIENCE RESEARCH.—The Administrator
13 shall ensure that lunar science research carried out under
14 subsection (a) is consistent with recommendations made
15 by the National Academies of Sciences, Engineering, and
16 Medicine.
17       (d) LUNAR POLAR VOLATILES.—In carrying out the
18 program under subsection (a), the Administrator shall, at
19 the earliest opportunity, consider mission proposals to
20 evaluate the potential of lunar polar volatiles to contribute
21 to sustainable lunar exploration.
22   SEC. 2633. SEARCH FOR LIFE.

23       (a) SENSE OF CONGRESS.—It is the sense of Con-
24 gress that—
25              (1) the report entitled ‘‘An Astrobiology Strat-
26       egy for the Search for Life in the Universe’’ pub-
      † S 1260 ES
                              606
 1      lished by the National Academies of Sciences, Engi-
 2      neering, and Medicine outlines the key scientific
 3      questions and methods for fulfilling the objective of
 4      NASA to search for the origin, evolution, distribu-
 5      tion, and future of life in the universe; and
 6             (2) the interaction of lifeforms with their envi-
 7      ronment, a central focus of astrobiology research, is
 8      a topic of broad significance to life sciences research
 9      in space and on Earth.
10      (b) PROGRAM CONTINUATION.—
11             (1) IN GENERAL.—The Administrator shall con-
12      tinue to implement a collaborative, multidisciplinary
13      science and technology development program to
14      search for proof of the existence or historical exist-
15      ence of life beyond Earth in support of the objective
16      described in section 20102(d)(10) of title 51, United
17      States Code.
18             (2) ELEMENT.—The program under paragraph
19      (1) shall include activities relating to astronomy, bi-
20      ology, geology, and planetary science.
21             (3) COORDINATION WITH LIFE SCIENCES PRO-
22      GRAM.—In      carrying out the program under para-
23      graph (1), the Administrator shall coordinate efforts
24      with the life sciences program of the Administration.




     † S 1260 ES
                              607
 1              (4) TECHNOSIGNATURES.—In carrying out the
 2       program under paragraph (1), the Administrator
 3       shall support activities to search for and analyze
 4       technosignatures.
 5              (5) INSTRUMENTATION       AND   SENSOR   TECH-

 6       NOLOGY.—In carrying out the program under para-

 7       graph (1), the Administrator may strategically invest
 8       in the development of new instrumentation and sen-
 9       sor technology.
10   SEC. 2634. JAMES WEBB SPACE TELESCOPE.

11       (a) SENSE OF CONGRESS.—It is the sense of Con-
12 gress that—
13              (1) the James Webb Space Telescope will be
14       the next premier observatory in space and has great
15       potential to further scientific study and assist sci-
16       entists in making new discoveries in the field of as-
17       tronomy;
18              (2) the James Webb Space Telescope was devel-
19       oped as an ambitious project with a scope that was
20       not fully defined at inception and with risk that was
21       not fully known or understood;
22              (3) despite the major technology development
23       and innovation that was needed to construct the
24       James Webb Space Telescope, major negative im-
25       pacts to the cost and schedule of the James Webb


      † S 1260 ES
                              608
 1      Space Telescope resulted from poor program man-
 2      agement and poor contractor performance;
 3             (4) the Administrator should take into account
 4      the lessons learned from the cost and schedule issues
 5      relating to the development of the James Webb
 6      Space Telescope in making decisions regarding the
 7      scope of and the technologies needed for future sci-
 8      entific missions; and
 9             (5) in selecting future scientific missions, the
10      Administrator should take into account the impact
11      that large programs that overrun cost and schedule
12      estimates may have on other NASA programs in
13      earlier phases of development.
14      (b) PROJECT CONTINUATION.—The Administrator
15 shall continue—
16             (1) to closely track the cost and schedule per-
17      formance of the James Webb Space Telescope
18      project; and
19             (2) to improve the reliability of cost estimates
20      and contractor performance data throughout the re-
21      maining development of the James Webb Space Tel-
22      escope.
23      (c) REVISED ESTIMATE.—Due to delays to the James
24 Webb Space Telescope project resulting from the COVID–




     † S 1260 ES
                               609
 1 19 pandemic, the Administrator shall provide to Con-
 2 gress—
 3              (1) an estimate of any increase to program de-
 4       velopment costs, if such costs are anticipated to ex-
 5       ceed $8,802,700,000; and
 6              (2) an estimate for a revised launch date.
 7   SEC. 2635. NANCY GRACE ROMAN SPACE TELESCOPE.

 8       (a) SENSE OF CONGRESS.—It is the sense of Con-
 9 gress that—
10              (1) major growth in the cost of astrophysics
11       flagship-class missions has impacted the overall port-
12       folio balance of the Science Mission Directorate; and
13              (2) the Administrator should continue to de-
14       velop the Nancy Grace Roman Space Telescope with
15       a     development      cost   of   not    more      than
16       $3,200,000,000.
17       (b) PROJECT CONTINUATION.—The Administrator
18 shall continue to develop the Nancy Grace Roman Space
19 Telescope to meet the objectives outlined in the 2010
20 decadal survey on astronomy and astrophysics of the Na-
21 tional Academies of Sciences, Engineering, and Medicine
22 in a manner that maximizes scientific productivity based
23 on the resources invested.




      † S 1260 ES
                                610
 1   SEC. 2636. STUDY ON SATELLITE SERVICING FOR SCIENCE

 2                  MISSIONS.

 3        (a) IN GENERAL.—The Administrator shall conduct
 4 a study on the feasibility of using in-space robotic refuel-
 5 ing, repair, or refurbishment capabilities to extend the
 6 useful life of telescopes and other science missions that
 7 are operational or in development as of the date of the
 8 enactment of this Act.
 9        (b) ELEMENTS.—The study conducted under sub-
10 section (a) shall include the following:
11              (1) An identification of the technologies and in-
12        space testing required to demonstrate the in-space
13        robotic refueling, repair, or refurbishment capabili-
14        ties described in that subsection.
15              (2) The projected cost of using such capabili-
16        ties, including the cost of extended operations for
17        science missions described in that subsection.
18        (c) BRIEFING.—Not later than 1 year after the date
19 of the enactment of this division, the Administrator shall
20 provide to the appropriate committees of Congress a brief-
21 ing on the results of the study conducted under subsection
22 (a).
23        (d) PUBLIC AVAILABILITY.—Not later than 30 days
24 after the Administrator provides the briefing under sub-
25 section (c), the Administrator shall make the study con-
26 ducted under subsection (a) available to the public.
      † S 1260 ES
                               611
 1   SEC. 2637. EARTH SCIENCE MISSIONS AND PROGRAMS.

 2       (a) SENSE OF CONGRESS.—It is the sense of Con-
 3 gress that the Earth Science Division of NASA plays an
 4 important role in national efforts—
 5              (1) to collect and use Earth observations in
 6       service to society; and
 7              (2) to understand global change.
 8       (b) EARTH SCIENCE MISSIONS AND PROGRAMS.—
 9 With respect to the missions and programs of the Earth
10 Science Division, the Administrator shall, to the maximum
11 extent practicable, follow the recommendations and guid-
12 ance provided by the scientific community through the
13 decadal survey for Earth science and applications from
14 space of the National Academies of Sciences, Engineering,
15 and Medicine, including—
16              (1) the science priorities described in such sur-
17       vey;
18              (2) the execution of the series of existing or
19       previously planned observations (commonly known as
20       the ‘‘program of record’’); and
21              (3) the development of a range of missions of
22       all classes, including opportunities for principal in-
23       vestigator-led, competitively selected missions.




      † S 1260 ES
                               612
 1   SEC. 2638. LIFE SCIENCE AND PHYSICAL SCIENCE RE-

 2                  SEARCH.

 3       (a) SENSE OF CONGRESS.—It is the sense of Con-
 4 gress that—
 5              (1) the 2011 decadal survey on biological and
 6       physical sciences in space identifies—
 7                   (A) many areas in which fundamental sci-
 8              entific research is needed to efficiently advance
 9              the range of human activities in space, from the
10              first stages of exploration to eventual economic
11              development; and
12                   (B) many areas of basic and applied sci-
13              entific research that could use the microgravity,
14              radiation, and other aspects of the spaceflight
15              environment to answer fundamental scientific
16              questions;
17              (2) given the central role of life science and
18       physical science research in developing the future of
19       space exploration, NASA should continue to invest
20       strategically in such research to maintain United
21       States leadership in space exploration; and
22              (3) such research remains important to the ob-
23       jectives of NASA with respect to long-duration deep
24       space human exploration to the Moon and Mars.
25       (b) PROGRAM CONTINUATION.—


      † S 1260 ES
                              613
 1             (1) IN GENERAL.—In support of the goals de-
 2      scribed in section 20302 of title 51, United States
 3      Code, the Administrator shall continue to implement
 4      a collaborative, multidisciplinary life science and
 5      physical science fundamental research program—
 6                 (A) to build a scientific foundation for the
 7             exploration and development of space;
 8                 (B) to investigate the mechanisms of
 9             changes to biological systems and physical sys-
10             tems, and the environments of those systems in
11             space, including the effects of long-duration ex-
12             posure to deep space-related environmental fac-
13             tors on those systems;
14                 (C) to understand the effects of combined
15             deep space radiation and altered gravity levels
16             on biological systems so as to inform the devel-
17             opment and testing of potential counter-
18             measures;
19                 (D) to understand physical phenomena in
20             reduced gravity that affect design and perform-
21             ance of enabling technologies necessary for the
22             space exploration program;
23                 (E) to provide scientific opportunities to
24             educate, train, and develop the next generation
25             of researchers and engineers; and


     † S 1260 ES
                               614
 1                  (F) to provide state-of-the-art data reposi-
 2              tories and curation of large multi-data sets to
 3              enable comparative research analyses.
 4              (2) ELEMENTS.—The program under para-
 5       graph (1) shall—
 6                  (A) include fundamental research relating
 7              to life science, space bioscience, and physical
 8              science; and
 9                  (B) maximize intra-agency and interagency
10              partnerships to advance space exploration, sci-
11              entific knowledge, and benefits to Earth.
12              (3) USE OF FACILITIES.—In carrying out the
13       program under paragraph (1), the Administrator
14       may use ground-based, air-based, and space-based
15       facilities in low-Earth orbit and beyond low-Earth
16       orbit.
17   SEC. 2639. SCIENCE MISSIONS TO MARS.

18       (a) IN GENERAL.—The Administrator shall conduct
19 1 or more science missions to Mars to enable the selection
20 of 1 or more sites for human landing.
21       (b) SAMPLE PROGRAM.—The Administrator may
22 carry out a program—
23              (1) to collect samples from the surface of Mars;
24       and




      † S 1260 ES
                               615
1               (2) to return such samples to Earth for sci-
2          entific analysis.
3          (c) USE OF EXISTING CAPABILITIES AND ASSETS.—
4 In carrying out this section, the Administrator shall, to
5 the maximum extent practicable, use existing capabilities
6 and assets of NASA centers.
7    SEC. 2640. PLANETARY DEFENSE COORDINATION OFFICE.

 8         (a) FINDINGS.—Congress makes the following find-
 9 ings:
10              (1) Near-Earth objects remain a threat to the
11         United States.
12              (2) Section 321(d)(1) of the National Aero-
13         nautics and Space Administration Authorization Act
14         of 2005 (Public Law 109–155; 119 Stat. 2922; 51
15         U.S.C. 71101 note prec.) established a requirement
16         that the Administrator plan, develop, and implement
17         a Near-Earth Object Survey program to detect,
18         track, catalogue, and characterize the physical char-
19         acteristics of near-Earth objects equal to or greater
20         than 140 meters in diameter in order to assess the
21         threat of such near-Earth objects to the Earth, with
22         the goal of 90-percent completion of the catalogue of
23         such near-Earth objects by December 30, 2020.
24              (3) The current planetary defense strategy of
25         NASA acknowledges that such goal will not be met.


      † S 1260 ES
                                616
 1              (4) The report of the National Academies of
 2       Sciences, Engineering, and Medicine entitled ‘‘Find-
 3       ing Hazardous Asteroids Using Infrared and Visible
 4       Wavelength Telescopes’’ issued in 2019 states
 5       that—
 6                   (A) NASA cannot accomplish such goal
 7              with currently available assets;
 8                   (B) NASA should develop and launch a
 9              dedicated space-based infrared survey telescope
10              to meet the requirements of section 321(d)(1)
11              of the National Aeronautics and Space Admin-
12              istration Authorization Act of 2005 (Public
13              Law 109–155; 119 Stat. 2922; 51 U.S.C.
14              71101 note prec.); and
15                   (C) the early detection of potentially haz-
16              ardous near-Earth objects enabled by a space-
17              based infrared survey telescope is important to
18              enable deflection of a dangerous asteroid.
19       (b) ESTABLISHMENT OF PLANETARY DEFENSE CO-
20   ORDINATION OFFICE.—

21              (1) IN GENERAL.—Not later than 90 days after
22       the date of the enactment of this division, the Ad-
23       ministrator shall establish an office within the Plan-
24       etary Science Division of the Science Mission Direc-
25       torate, to be known as the ‘‘Planetary Defense Co-


      † S 1260 ES
                              617
 1      ordination Office’’, to plan, develop, and implement
 2      a program to survey threats posed by near-Earth ob-
 3      jects equal to or greater than 140 meters in diame-
 4      ter, as required by section 321(d)(1) of the National
 5      Aeronautics and Space Administration Authorization
 6      Act of 2005 (Public Law 109–155; 119 Stat. 2922;
 7      51 U.S.C. 71101 note prec.).
 8             (2) ACTIVITIES.—The Administrator shall—
 9                  (A) develop and, not later than September
10             30, 2025, launch a space-based infrared survey
11             telescope that is capable of detecting near-
12             Earth objects equal to or greater than 140 me-
13             ters in diameter, with preference given to plan-
14             etary missions selected by the Administrator as
15             of the date of the enactment of this division to
16             pursue concept design studies relating to the
17             development of a space-based infrared survey
18             telescope;
19                  (B) identify, track, and characterize poten-
20             tially hazardous near-Earth objects and issue
21             warnings of the effects of potential impacts of
22             such objects; and
23                  (C) assist in coordinating Government
24             planning for response to a potential impact of
25             a near-Earth object.


     † S 1260 ES
                              618
 1      (c) ANNUAL REPORT.—Section 321(f) of the Na-
 2 tional Aeronautics and Space Administration Authoriza-
 3 tion Act of 2005 (Public Law 109–155; 119 Stat. 2922;
 4 51 U.S.C. 71101 note prec.) is amended to read as fol-
 5 lows:
 6      ‘‘(f) ANNUAL REPORT.—Not later than 180 days
 7 after the date of the enactment of the National Aero-
 8 nautics and Space Administration Authorization Act of
 9 2021, and annually thereafter through 90-percent comple-
10 tion of the catalogue required by subsection (d)(1), the
11 Administrator shall submit to the Committee on Com-
12 merce, Science, and Transportation of the Senate and the
13 Committee on Science, Space, and Technology of the
14 House of Representatives a report that includes the fol-
15 lowing:
16             ‘‘(1) A summary of all activities carried out by
17      the Planetary Defense Coordination Office estab-
18      lished under section 2640(b)(1) of the National Aer-
19      onautics and Space Administration Authorization
20      Act of 2021 since the date of enactment of that Act.
21             ‘‘(2) A description of the progress with respect
22      to the design, development, and launch of the space-
23      based infrared survey telescope required by section
24      2640 (b)(2)(A) of the National Aeronautics and
25      Space Administration Authorization Act of 2021.


     † S 1260 ES
                                619
 1              ‘‘(3) An assessment of the progress toward
 2       meeting the requirements of subsection (d)(1).
 3              ‘‘(4) A description of the status of efforts to co-
 4       ordinate planetary defense activities in response to a
 5       threat posed by a near-Earth object with other Fed-
 6       eral agencies since the date of enactment of the Na-
 7       tional Aeronautics and Space Administration Au-
 8       thorization Act of 2021.
 9              ‘‘(5) A description of the status of efforts to co-
10       ordinate and cooperate with other countries to dis-
11       cover hazardous asteroids and comets, plan a mitiga-
12       tion strategy, and implement that strategy in the
13       event of the discovery of an object on a likely colli-
14       sion course with Earth.
15              ‘‘(6) A summary of expenditures for all activi-
16       ties carried out by the Planetary Defense Coordina-
17       tion Office since the date of enactment of the Na-
18       tional Aeronautics and Space Administration Au-
19       thorization Act of 2021.’’.
20       (d) LIMITATION ON USE OF FUNDS.—None of the
21 amounts authorized to be appropriated by this subtitle for
22 a fiscal year may be obligated or expended for the Office
23 of the Administrator during the last 3 months of that fis-
24 cal year unless the Administrator submits the report for
25 that fiscal year required by section 321(f) of the National


      † S 1260 ES
                             620
 1 Aeronautics and Space Administration Authorization Act
 2 of 2005 (Public Law 109–155; 119 Stat. 2922; 51 U.S.C.
 3 71101 note prec.).
 4       (e) NEAR-EARTH OBJECT DEFINED.—In this sec-
 5 tion, the term ‘‘near-Earth object’’ means an asteroid or
 6 comet with a perihelion distance of less than 1.3 Astro-
 7 nomical Units from the Sun.
 8   SEC. 2641. SUBORBITAL SCIENCE FLIGHTS.

 9       (a) SENSE OF CONGRESS.—It is the sense of Con-
10 gress that commercially available suborbital flight plat-
11 forms enable low-cost access to a microgravity environ-
12 ment to advance science and train scientists and engineers
13 under the Suborbital Research Program established under
14 section 802(c) of the National Aeronautics and Space Ad-
15 ministration Authorization Act of 2010 (42 U.S.C.
16 18382(c)).
17       (b) REPORT.—
18              (1) IN GENERAL.—Not later than 270 days
19       after the date of the enactment of this division, the
20       Administrator shall submit to the appropriate com-
21       mittees of Congress a report evaluating the manner
22       in which suborbital flight platforms can contribute
23       to meeting the science objectives of NASA for the
24       Science Mission Directorate and the Human Explo-
25       ration and Operations Mission Directorate.


      † S 1260 ES
                               621
 1              (2) CONTENTS.—The report required by para-
 2       graph (1) shall include the following:
 3                   (A) An assessment of the advantages of
 4              suborbital flight platforms to meet science ob-
 5              jectives.
 6                   (B) An evaluation of the challenges to
 7              greater use of commercial suborbital flight plat-
 8              forms for science purposes.
 9                   (C) An analysis of whether commercial
10              suborbital flight platforms can provide low-cost
11              flight opportunities to test lunar and Mars
12              science payloads.
13   SEC. 2642. EARTH SCIENCE DATA AND OBSERVATIONS.

14       (a) IN GENERAL.—The Administrator shall to the
15 maximum extent practicable, make available to the public
16 in an easily accessible electronic database all data (includ-
17 ing metadata, documentation, models, data processing
18 methods, images, and research results) of the missions
19 and programs of the Earth Science Division of the Admin-
20 istration, or any successor division.
21       (b) OPEN DATA PROGRAM.—In carrying out sub-
22 section (a), the Administrator shall establish and continue
23 to operate an open data program that—
24              (1) is consistent with the greatest degree of
25       interactivity, interoperability, and accessibility; and


      † S 1260 ES
                               622
 1              (2) enables outside communities, including the
 2       research and applications community, private indus-
 3       try, academia, and the general public, to effectively
 4       collaborate in areas important to—
 5                  (A) studying the Earth system and improv-
 6              ing the prediction of Earth system change; and
 7                  (B) improving model development, data as-
 8              similation techniques, systems architecture inte-
 9              gration, and computational efficiencies; and
10              (3) meets basic end-user requirements for run-
11       ning on public computers and networks located out-
12       side of secure Administration information and tech-
13       nology systems.
14       (c) HOSTING.—The program under subsection (b)
15 shall use, as appropriate and cost-effective, innovative
16 strategies and methods for hosting and management of
17 part or all of the program, including cloud-based com-
18 puting capabilities.
19       (d) RULE OF CONSTRUCTION.—Nothing in this sec-
20 tion shall be interpreted to require the Administrator to
21 release classified, proprietary, or otherwise restricted in-
22 formation that would be harmful to the national security
23 of the United States.




      † S 1260 ES
                                623
 1   SEC. 2643. SENSE OF CONGRESS ON SMALL SATELLITE

 2                  SCIENCE.

 3       It is the sense of Congress that—
 4              (1) small satellites—
 5                   (A) are increasingly robust, effective, and
 6              affordable platforms for carrying out space
 7              science missions;
 8                   (B) can work in tandem with or augment
 9              larger NASA spacecraft to support high-priority
10              science missions of NASA; and
11                   (C) are cost effective solutions that may
12              allow NASA to continue collecting legacy obser-
13              vations while developing next-generation science
14              missions; and
15              (2) NASA should continue to support small sat-
16       ellite research, development, technologies, and pro-
17       grams, including technologies for compact and light-
18       weight instrumentation for small satellites.
19   SEC. 2644. SENSE OF CONGRESS ON COMMERCIAL SPACE

20                  SERVICES.

21       It is the sense of Congress that—
22              (1) the Administration should explore partner-
23       ships with the commercial space industry for space
24       science missions in and beyond Earth orbit, includ-
25       ing partnerships relating to payload and instrument
26       hosting and commercially available datasets; and
      † S 1260 ES
                               624
 1               (2) such partnerships could result in increased
 2        mission cadence, technology advancement, and cost
 3        savings for the Administration.
 4   SEC. 2645. PROCEDURES FOR IDENTIFYING AND ADDRESS-

 5                   ING ALLEGED VIOLATIONS OF SCIENTIFIC IN-

 6                   TEGRITY POLICY.

 7        Not later than 180 days after the date of the enact-
 8 ment of this division, the Administrator shall develop and
 9 document procedures for identifying and addressing al-
10 leged violations of the scientific integrity policy of NASA.
11                    PART IV—AERONAUTICS

12   SEC. 2646. SHORT TITLE.

13        This part may be cited as the ‘‘Aeronautics Innova-
14 tion Act’’.
15   SEC. 2647. DEFINITIONS.

16        In this part:
17               (1) AERONAUTICS       STRATEGIC   IMPLEMENTA-

18        TION PLAN.—The term ‘‘Aeronautics Strategic Im-

19        plementation Plan’’ means the Aeronautics Strategic
20        Implementation Plan issued by the Aeronautics Re-
21        search Mission Directorate.
22               (2) UNMANNED      AIRCRAFT;   UNMANNED     AIR-

23        CRAFT SYSTEM.—The          terms ‘‘unmanned aircraft’’
24        and ‘‘unmanned aircraft system’’ have the meanings




       † S 1260 ES
                                 625
 1       given those terms in section 44801 of title 49,
 2       United States Code.
 3              (3) X-PLANE.—The term ‘‘X-plane’’ means an
 4       experimental aircraft that is—
 5                   (A) used to test and evaluate a new tech-
 6              nology or aerodynamic concept; and
 7                   (B) operated by NASA or the Department
 8              of Defense.
 9   SEC. 2648. EXPERIMENTAL AIRCRAFT PROJECTS.

10       (a) SENSE OF CONGRESS.—It is the sense of Con-
11 gress that—
12              (1) developing high-risk, precompetitive aero-
13       space technologies for which there is not yet a profit
14       rationale is a fundamental role of NASA;
15              (2) large-scale piloted flight test experimen-
16       tation and validation are necessary for—
17                   (A) transitioning new technologies and ma-
18              terials,   including   associated   manufacturing
19              processes, for general aviation, commercial avia-
20              tion, and military aeronautics use; and
21                   (B) capturing the full extent of benefits
22              from investments made by the Aeronautics Re-
23              search Mission Directorate in priority programs
24              called for in—




      † S 1260 ES
                               626
 1                        (i) the National Aeronautics Research
 2                  and Development Plan issued by the Na-
 3                  tional Science and Technology Council in
 4                  February 2010;
 5                        (ii) the NASA 2014 Strategic Plan;
 6                        (iii) the Aeronautics Strategic Imple-
 7                  mentation Plan; and
 8                        (iv) any updates to the programs
 9                  called for in the plans described in clauses
10                  (i) through (iii);
11             (3) a level of funding that adequately supports
12      large-scale piloted flight test experimentation and
13      validation, including related infrastructure, should
14      be ensured over a sustained period of time to restore
15      the capacity of NASA—
16                  (A)   to   see    legacy   priority   programs
17             through to completion; and
18                  (B) to achieve national economic and secu-
19             rity objectives; and
20             (4) NASA should not be directly involved in the
21      Type Certification of aircraft for current and future
22      scheduled commercial air service under part 121 or
23      135 of title 14, Code of Federal Regulations, that
24      would result in reductions in crew augmentation or
25      single pilot or autonomously operated aircraft.


     † S 1260 ES
                               627
 1       (b) STATEMENT OF POLICY.—It is the policy of the
 2 United States—
 3              (1) to maintain world leadership in—
 4                   (A) military and civilian aeronautical
 5              science and technology;
 6                   (B) global air power projection; and
 7                   (C) aerospace industrialization; and
 8              (2) to maintain as a fundamental objective of
 9       NASA aeronautics research the steady progression
10       and expansion of flight research and capabilities, in-
11       cluding the science and technology of critical under-
12       lying disciplines and competencies, such as—
13                   (A) computational-based analytical and
14              predictive tools and methodologies;
15                   (B) aerothermodynamics;
16                   (C) propulsion;
17                   (D) advanced materials and manufacturing
18              processes;
19                   (E) high-temperature structures and mate-
20              rials; and
21                   (F) guidance, navigation, and flight con-
22              trols.
23       (c) ESTABLISHMENT        AND     CONTINUATION      OF   X-
24   PLANE PROJECTS.—




      † S 1260 ES
                              628
 1             (1) IN GENERAL.—The Administrator shall es-
 2      tablish or continue to implement, in a manner that
 3      is consistent with the roadmap for supersonic aero-
 4      nautics research and development required by sec-
 5      tion 604(b) of the National Aeronautics and Space
 6      Administration Transition Authorization Act of
 7      2017 (Public Law 115–10; 131 Stat. 55), the fol-
 8      lowing projects:
 9                 (A) A low-boom supersonic aircraft project
10             to demonstrate supersonic aircraft designs and
11             technologies that—
12                      (i) reduce sonic boom noise; and
13                      (ii) assist the Administrator of the
14                 Federal Aviation Administration in ena-
15                 bling—
16                           (I) the safe commercial deploy-
17                      ment of civil supersonic aircraft tech-
18                      nology; and
19                           (II) the safe and efficient oper-
20                      ation of civil supersonic aircraft.
21                 (B) A subsonic flight demonstrator aircraft
22             project to advance high-aspect-ratio, thin-wing
23             aircraft designs and to integrate propulsion,
24             composites, and other technologies that enable
25             significant increases in energy efficiency and re-


     † S 1260 ES
                                 629
1              duced life-cycle emissions in the aviation system
2              while reducing noise and emissions.
3                   (C) A series of large-scale X-plane dem-
4              onstrators that are—
5                        (i) developed sequentially or in par-
6                   allel; and
7                        (ii) each based on a set of new con-
8                   figuration concepts or technologies deter-
9                   mined by the Administrator to dem-
10                  onstrate—
11                               (I) aircraft and propulsion con-
12                       cepts and technologies and related ad-
13                       vances in alternative propulsion and
14                       energy; and
15                               (II) flight propulsion concepts
16                       and technologies.
17             (2) ELEMENTS.—For each project under para-
18      graph (1), the Administrator shall—
19                  (A) include the development of X-planes
20             and all necessary supporting flight test assets;
21                  (B) pursue a robust technology maturation
22             and flight test validation effort;
23                  (C) improve necessary facilities, flight test-
24             ing capabilities, and computational tools to sup-
25             port the project;


     † S 1260 ES
                                 630
1                      (D) award any primary contracts for de-
2              sign,     procurement,    and   manufacturing     to
3              United States persons, consistent with inter-
4              national obligations and commitments;
5                      (E) coordinate research and flight test
6              demonstration activities with other Federal
7              agencies and the United States aviation com-
8              munity, as the Administrator considers appro-
9              priate; and
10                     (F) ensure that the project is aligned with
11             the Aeronautics Strategic Implementation Plan
12             and any updates to the Aeronautics Strategic
13             Implementation Plan.
14             (3) UNITED STATES PERSON DEFINED.—In this
15      subsection,       the   term    ‘‘United   States   person’’
16      means—
17                     (A) a United States citizen or an alien law-
18             fully admitted for permanent residence to the
19             United States; or
20                     (B) an entity organized under the laws of
21             the United States or of any jurisdiction within
22             the United States, including a foreign branch of
23             such an entity.
24      (d) ADVANCED MATERIALS AND MANUFACTURING
25 TECHNOLOGY PROGRAM.—


     † S 1260 ES
                              631
 1             (1) IN GENERAL.—The Administrator may es-
 2      tablish an advanced materials and manufacturing
 3      technology program—
 4                 (A) to develop—
 5                      (i) new materials, including composite
 6                 and high-temperature materials, from base
 7                 material formulation through full-scale
 8                 structural validation and manufacture;
 9                      (ii) advanced materials and manufac-
10                 turing processes, including additive manu-
11                 facturing, to reduce the cost of manufac-
12                 turing scale-up and certification for use in
13                 general aviation, commercial aviation, and
14                 military aeronautics; and
15                      (iii) noninvasive or nondestructive
16                 techniques for testing or evaluating avia-
17                 tion and aeronautics structures, including
18                 for materials and manufacturing processes;
19                 (B) to reduce the time it takes to design,
20             industrialize, and certify advanced materials
21             and manufacturing processes;
22                 (C) to provide education and training op-
23             portunities for the aerospace workforce; and
24                 (D) to address global cost and human cap-
25             ital competitiveness for United States aero-


     † S 1260 ES
                              632
 1             nautical industries and technological leadership
 2             in advanced materials and manufacturing tech-
 3             nology.
 4             (2) ELEMENTS.—In carrying out a program
 5      under paragraph (1), the Administrator shall—
 6                  (A) build on work that was carried out by
 7             the Advanced Composites Project of NASA;
 8                  (B) partner with the private and academic
 9             sectors, such as members of the Advanced Com-
10             posites Consortium of NASA, the Joint Ad-
11             vanced Materials and Structures Center of Ex-
12             cellence of the Federal Aviation Administration,
13             the Manufacturing USA institutes of the De-
14             partment of Commerce, and national labora-
15             tories, as the Administrator considers appro-
16             priate;
17                  (C) provide a structure for managing intel-
18             lectual property generated by the program
19             based on or consistent with the structure estab-
20             lished for the Advanced Composites Consortium
21             of NASA;
22                  (D) ensure adequate Federal cost share for
23             applicable research; and
24                  (E) coordinate with advanced manufac-
25             turing and composites initiatives in other mis-


     † S 1260 ES
                                633
 1              sion directorates of NASA, as the Adminis-
 2              trator considers appropriate.
 3       (e) RESEARCH PARTNERSHIPS.—In carrying out the
 4 projects under subsection (c) and a program under sub-
 5 section (d), the Administrator may engage in cooperative
 6 research programs with—
 7              (1) academia; and
 8              (2) commercial aviation and aerospace manu-
 9       facturers.
10   SEC. 2649. UNMANNED AIRCRAFT SYSTEMS.

11       (a) UNMANNED AIRCRAFT SYSTEMS OPERATION
12 PROGRAM.—The Administrator shall—
13              (1) research and test capabilities and concepts,
14       including unmanned aircraft systems communica-
15       tions, for integrating unmanned aircraft systems
16       into the national airspace system;
17              (2) leverage the partnership NASA has with in-
18       dustry focused on the advancement of technologies
19       for future air traffic management systems for un-
20       manned aircraft systems; and
21              (3) continue to align the research and testing
22       portfolio of NASA to inform the integration of un-
23       manned aircraft systems into the national airspace
24       system, consistent with public safety and national
25       security objectives.


      † S 1260 ES
                               634
 1       (b) SENSE OF CONGRESS ON COORDINATION WITH
 2 FEDERAL AVIATION ADMINISTRATION.—It is the sense of
 3 Congress that—
 4              (1) NASA should continue—
 5                   (A) to coordinate with the Federal Avia-
 6              tion Administration on research on air traffic
 7              management systems for unmanned aircraft
 8              systems; and
 9                   (B) to assist the Federal Aviation Admin-
10              istration in the integration of air traffic man-
11              agement systems for unmanned aircraft sys-
12              tems into the national airspace system; and
13              (2) the test ranges (as defined in section 44801
14       of title 49, United States Code) should continue to
15       be leveraged for research on—
16                   (A) air traffic management systems for un-
17              manned aircraft systems; and
18                   (B) the integration of such systems into
19              the national airspace system.
20   SEC. 2650. 21ST CENTURY AERONAUTICS CAPABILITIES INI-

21                  TIATIVE.

22       (a) IN GENERAL.—The Administrator may establish
23 an initiative, to be known as the ‘‘21st Century Aero-
24 nautics Capabilities Initiative’’, within the Construction
25 and Environmental Compliance and Restoration Account,


      † S 1260 ES
                               635
1 to ensure that NASA possesses the infrastructure and ca-
2 pabilities necessary to conduct proposed flight demonstra-
3 tion projects across the range of NASA aeronautics inter-
4 ests.
 5        (b) ACTIVITIES.—In carrying out the 21st Century
 6 Aeronautics Capabilities Initiative, the Administrator may
 7 carry out the following activities:
 8              (1) Any investments the Administrator con-
 9        siders necessary to upgrade and create facilities for
10        civil and national security aeronautics research to
11        support advancements in—
12                  (A) long-term foundational science and
13              technology;
14                  (B) advanced aircraft systems;
15                  (C) air traffic management systems;
16                  (D) fuel efficiency;
17                  (E) electric propulsion technologies;
18                  (F) system-wide safety assurance;
19                  (G) autonomous aviation; and
20                  (H) supersonic and hypersonic aircraft de-
21              sign and development.
22              (2) Any measures the Administrator considers
23        necessary to support flight testing activities, includ-
24        ing—




      † S 1260 ES
                                 636
1                    (A) continuous refinement and develop-
2               ment of free-flight test techniques and meth-
3               odologies;
4                    (B) upgrades and improvements to real-
5               time tracking and data acquisition; and
6                    (C) such other measures relating to aero-
7               nautics research support and modernization as
8               the Administrator considers appropriate to
9               carry out the scientific study of the problems of
10              flight, with a view to practical solutions for
11              such problems.
12   SEC. 2651. SENSE OF CONGRESS ON ON-DEMAND AIR

13                  TRANSPORTATION.

14       It is the sense of Congress that—
15              (1) greater use of high-speed air transportation,
16       small airports, helipads, vertical flight infrastruc-
17       ture, and other aviation-related infrastructure can
18       alleviate surface transportation congestion and sup-
19       port economic growth within cities;
20              (2) with respect to urban air mobility and re-
21       lated concepts, NASA should continue—
22                   (A) to conduct research focused on con-
23              cepts, technologies, and design tools; and




      † S 1260 ES
                                637
1                    (B) to support the evaluation of advanced
2               technologies and operational concepts that can
3               be leveraged by—
4                         (i) industry to develop future vehicles
5                    and systems; and
6                         (ii) the Federal Aviation Administra-
7                    tion to support vehicle safety and oper-
8                    ational certification; and
9               (3) NASA should leverage ongoing efforts to
10       develop advanced technologies to actively support the
11       research needed for on-demand air transportation.
12   SEC. 2652. SENSE OF CONGRESS ON HYPERSONIC TECH-

13                  NOLOGY RESEARCH.

14       It is the sense of Congress that—
15              (1) hypersonic technology is critical to the de-
16       velopment of advanced high-speed aerospace vehicles
17       for both civilian and national security purposes;
18              (2) for hypersonic vehicles to be realized, re-
19       search is needed to overcome technical challenges,
20       including in propulsion, advanced materials, and
21       flight performance in a severe environment;
22              (3) NASA plays a critical role in supporting
23       fundamental hypersonic research focused on system
24       design, analysis and validation, and propulsion tech-
25       nologies;


      † S 1260 ES
                              638
1              (4) NASA research efforts in hypersonic tech-
2       nology should complement research supported by the
3       Department of Defense to the maximum extent
4       practicable, since contributions from both agencies
5       working in partnership with universities and indus-
6       try are necessary to overcome key technical chal-
7       lenges;
8              (5) previous coordinated research programs be-
9       tween NASA and the Department of Defense en-
10      abled important progress on hypersonic technology;
11             (6) the commercial sector could provide flight
12      platforms and other capabilities that are able to host
13      and support NASA hypersonic technology research
14      projects; and
15             (7) in carrying out hypersonic technology re-
16      search projects, the Administrator should—
17                 (A) focus research and development efforts
18             on high-speed propulsion systems, reusable ve-
19             hicle technologies, high-temperature materials,
20             and systems analysis;
21                 (B) coordinate with the Department of De-
22             fense to prevent duplication of efforts and of in-
23             vestments;
24                 (C) include partnerships with universities
25             and industry to accomplish research goals; and


     † S 1260 ES
                               639
 1                    (D) maximize public-private use of com-
 2              mercially available platforms for hosting re-
 3              search and development flight projects.
 4                  PART V—SPACE TECHNOLOGY

 5   SEC. 2653. SPACE TECHNOLOGY MISSION DIRECTORATE.

 6       (a) SENSE OF CONGRESS.—It is the sense of Con-
 7 gress that an independent Space Technology Mission Di-
 8 rectorate is critical to ensuring continued investments in
 9 the development of technologies for missions across the
10 portfolio of NASA, including science, aeronautics, and
11 human exploration.
12       (b) SPACE TECHNOLOGY MISSION DIRECTORATE.—
13 The Administrator shall maintain a Space Technology
14 Mission Directorate consistent with section 702 of the Na-
15 tional Aeronautics and Space Administration Transition
16 Authorization Act of 2017 (51 U.S.C. 20301 note).
17   SEC. 2654. FLIGHT OPPORTUNITIES PROGRAM.

18       (a) SENSE OF CONGRESS.—It is the sense of Con-
19 gress that the Administrator should provide flight oppor-
20 tunities for payloads to microgravity environments and
21 suborbital altitudes as required by section 907(c) of the
22 National Aeronautics and Space Administration Author-
23 ization Act of 2010 (42 U.S.C. 18405(c)), as amended by
24 subsection (b).




      † S 1260 ES
                                 640
 1      (b) ESTABLISHMENT.—Section 907(c) of the Na-
 2 tional Aeronautics and Space Administration Authoriza-
 3 tion Act of 2010 (42 U.S.C. 18405(c)) is amended to read
 4 as follows:
 5      ‘‘(c) ESTABLISHMENT.—
 6             ‘‘(1) IN GENERAL.—The Administrator shall es-
 7      tablish a Commercial Reusable Suborbital Research
 8      Program within the Space Technology Mission Di-
 9      rectorate to fund—
10                     ‘‘(A) the development of payloads for sci-
11             entific research, technology development, and
12             education;
13                     ‘‘(B) flight opportunities for those pay-
14             loads to microgravity environments and sub-
15             orbital altitudes; and
16                     ‘‘(C) transition of those payloads to orbital
17             opportunities.
18             ‘‘(2)      COMMERCIAL        REUSABLE      VEHICLE

19      FLIGHTS.—In carrying out the Commercial Reusable

20      Suborbital Research Program, the Administrator
21      may fund engineering and integration demonstra-
22      tions, proofs of concept, and educational experiments
23      for flights of commercial reusable vehicles.
24             ‘‘(3) COMMERCIAL SUBORBITAL LAUNCH VEHI-
25      CLES.—In         carrying out the Commercial Reusable


     † S 1260 ES
                               641
 1       Suborbital Research Program, the Administrator
 2       may not fund the development of new commercial
 3       suborbital launch vehicles.
 4              ‘‘(4)   WORKING      WITH      MISSION   DIREC-

 5       TORATES.—In      carrying out the Commercial Reus-
 6       able Suborbital Research Program, the Adminis-
 7       trator shall work with the mission directorates of
 8       NASA to achieve the research, technology, and edu-
 9       cation goals of NASA.’’.
10       (c) CONFORMING AMENDMENT.—Section 907(b) of
11 the National Aeronautics and Space Administration Au-
12 thorization Act of 2010 (42 U.S.C. 18405(b)) is amended,
13 in the first sentence, by striking ‘‘Commercial Reusable
14 Suborbital Research Program in’’ and inserting ‘‘Commer-
15 cial Reusable Suborbital Research Program established
16 under subsection (c)(1) within’’.
17   SEC. 2655. SMALL SPACECRAFT TECHNOLOGY PROGRAM.

18       (a) SENSE OF CONGRESS.—It is the sense of Con-
19 gress that the Small Spacecraft Technology Program is
20 important for conducting science and technology valida-
21 tion for—
22              (1) short- and long-duration missions in low-
23       Earth orbit;
24              (2) deep space missions; and




      † S 1260 ES
                               642
 1              (3) deorbiting capabilities designed specifically
 2       for smaller spacecraft.
 3       (b) ACCOMMODATION OF CERTAIN PAYLOADS.—In
 4 carrying out the Small Spacecraft Technology Program,
 5 the Administrator shall, as the mission risk posture and
 6 technology development objectives allow, accommodate
 7 science payloads that further the goal of long-term human
 8 exploration to the Moon and Mars.
 9   SEC. 2656. NUCLEAR PROPULSION TECHNOLOGY.

10       (a) SENSE OF CONGRESS.—It is the sense of Con-
11 gress that nuclear propulsion is critical to the development
12 of advanced spacecraft for civilian and national defense
13 purposes.
14       (b) DEVELOPMENT; STUDIES.—The Administrator
15 shall, in coordination with the Secretary of Energy and
16 the Secretary of Defense—
17              (1) continue to develop the fuel element design
18       for NASA nuclear propulsion technology;
19              (2) undertake the systems feasibility studies for
20       such technology; and
21              (3) partner with members of commercial indus-
22       try to conduct studies on such technology.
23       (c) NUCLEAR PROPULSION TECHNOLOGY DEM-
24   ONSTRATION.—




      † S 1260 ES
                               643
 1              (1) DETERMINATION; REPORT.—Not later than
 2       December 31, 2022, the Administrator shall—
 3                  (A) determine the correct approach for
 4              conducting a flight demonstration of nuclear
 5              propulsion technology; and
 6                  (B) submit to Congress a report on a plan
 7              for such a demonstration.
 8              (2) DEMONSTRATION.—Not later than Decem-
 9       ber 31, 2026, the Administrator shall conduct the
10       flight demonstration described in paragraph (1).
11   SEC. 2657. MARS-FORWARD TECHNOLOGIES.

12       (a) SENSE OF CONGRESS.—It is the sense of Con-
13 gress that the Administrator should pursue multiple tech-
14 nical paths for entry, descent, and landing for Mars, in-
15 cluding competitively selected technology demonstration
16 missions.
17       (b) PRIORITIZATION OF LONG-LEAD TECHNOLOGIES
18   AND SYSTEMS.—The Administrator shall prioritize, within

19 the Space Technology Mission Directorate, research, test-
20 ing, and development of long-lead technologies and sys-
21 tems for Mars, including technologies and systems relating
22 to—
23              (1) entry, descent, and landing; and
24              (2) in-space propulsion, including nuclear pro-
25       pulsion, cryogenic fluid management, in-situ large-


      † S 1260 ES
                              644
 1       scale additive manufacturing, and electric propulsion
 2       (including solar electric propulsion leveraging lessons
 3       learned from the power and propulsion element of
 4       the lunar outpost) options.
 5       (c) TECHNOLOGY DEMONSTRATION.—The Adminis-
 6 trator may use low-Earth orbit and cis-lunar missions, in-
 7 cluding missions to the lunar surface, to demonstrate tech-
 8 nologies for Mars.
 9   SEC. 2658. PRIORITIZATION OF LOW-ENRICHED URANIUM

10                  TECHNOLOGY.

11       (a) SENSE OF CONGRESS.—It is the sense of Con-
12 gress that—
13              (1) space technology, including nuclear propul-
14       sion technology and space surface power reactors,
15       should be developed in a manner consistent with
16       broader United States foreign policy, national de-
17       fense, and space exploration and commercialization
18       priorities;
19              (2) highly enriched uranium presents security
20       and nuclear nonproliferation concerns;
21              (3) since 1977, based on the concerns associ-
22       ated with highly enriched uranium, the United
23       States has promoted the use of low-enriched ura-
24       nium over highly enriched uranium in nonmilitary




      † S 1260 ES
                               645
 1      contexts, including research and commercial applica-
 2      tions;
 3             (4) as part of United States efforts to limit
 4      international use of highly enriched uranium, the
 5      United States has actively pursued—
 6                   (A) since 1978, the conversion of domestic
 7             and foreign research reactors that use highly
 8             enriched uranium fuel to low-enriched uranium
 9             fuel and the avoidance of any new research re-
10             actors that use highly enriched uranium fuel;
11             and
12                   (B) since 1994, the elimination of inter-
13             national commerce in highly enriched uranium
14             for civilian purposes; and
15             (5) the use of low-enriched uranium in place of
16      highly enriched uranium has security, nonprolifera-
17      tion, and economic benefits, including for the na-
18      tional space program.
19      (b) PRIORITIZATION OF LOW-ENRICHED URANIUM
20 TECHNOLOGY.—The Administrator shall—
21             (1) establish, within the Space Technology Mis-
22      sion Directorate, a program for the research, test-
23      ing, and development of in-space reactor designs, in-
24      cluding a surface power reactor, that uses low-en-
25      riched uranium fuel; and


     † S 1260 ES
                              646
 1              (2) prioritize the research, demonstration, and
 2       deployment of such designs over designs using highly
 3       enriched uranium fuel.
4        (c)        REPORT   ON     NUCLEAR      TECHNOLOGY
 5 PRIORITIZATION.—Not later than 120 days after the date
 6 of the enactment of this division, the Administrator shall
 7 submit to the appropriate committees of Congress a report
 8 that—
 9              (1) details the actions taken to implement sub-
10       section (b); and
11              (2) identifies a plan and timeline under which
12       such subsection will be implemented.
13       (d) DEFINITIONS.—In this section:
14              (1) HIGHLY ENRICHED URANIUM.—The term
15       ‘‘highly enriched uranium’’ means uranium having
16       an assay of 20 percent or greater of the uranium-
17       235 isotope.
18              (2) LOW-ENRICHED URANIUM.—The term ‘‘low-
19       enriched uranium’’ means uranium having an assay
20       greater than the assay for natural uranium but less
21       than 20 percent of the uranium-235 isotope.
22   SEC. 2659. SENSE OF CONGRESS ON NEXT-GENERATION

23                   COMMUNICATIONS TECHNOLOGY.

24       It is the sense of Congress that—
25              (1) optical communications technologies—


      † S 1260 ES
                             647
1                  (A) will be critical to the development of
2              next-generation   space-based     communications
3              networks;
4                  (B) have the potential to allow NASA to
5              expand the volume of data transmissions in low-
6              Earth orbit and deep space; and
7                  (C) may provide more secure and cost-ef-
8              fective solutions than current radio frequency
9              communications systems;
10             (2) quantum encryption technology has prom-
11      ising implications for the security of the satellite and
12      terrestrial communications networks of the United
13      States, including optical communications networks,
14      and further research and development by NASA
15      with respect to quantum encryption is essential to
16      maintaining the security of the United States and
17      United States leadership in space; and
18             (3) in order to provide NASA with more secure
19      and reliable space-based communications, the Space
20      Communications and Navigation program office of
21      NASA should continue—
22                 (A) to support research on and develop-
23             ment of optical communications; and




     † S 1260 ES
                                648
 1                   (B) to develop quantum encryption capa-
 2              bilities, especially as those capabilities apply to
 3              optical communications networks.
 4   SEC. 2660. LUNAR SURFACE TECHNOLOGIES.

 5       (a) SENSE OF CONGRESS.—It is the sense of Con-
 6 gress that the Administrator should—
 7              (1) identify and develop the technologies needed
 8       to live on and explore the lunar surface and prepare
 9       for future operations on Mars;
10              (2) convene teams of experts from academia, in-
11       dustry, and government to shape the technology de-
12       velopment priorities of the Administration for lunar
13       surface exploration and habitation; and
14              (3) establish partnerships with researchers, uni-
15       versities, and the private sector to rapidly develop
16       and deploy technologies required for successful lunar
17       surface exploration.
18       (b) DEVELOPMENT AND DEMONSTRATION.—The Ad-
19 ministrator shall carry out a program, within the Space
20 Technology Mission Directorate, to conduct technology de-
21 velopment and demonstrations to enable human and
22 robotic exploration on the lunar surface.
23       (c) RESEARCH CONSORTIUM.—The Administrator
24 shall establish a consortium consisting of experts from
25 academia, industry, and government—


      † S 1260 ES
                                 649
 1             (1) to assist the Administrator in developing a
 2      cohesive, executable strategy for the development
 3      and deployment of technologies required for success-
 4      ful lunar surface exploration; and
 5             (2) to identify specific technologies relating to
 6      lunar surface exploration that—
 7                   (A) should be developed to facilitate such
 8             exploration; or
 9                   (B) require future research and develop-
10             ment.
11      (d) RESEARCH AWARDS.—
12             (1) IN GENERAL.—The Administrator may task
13      any member of the research consortium established
14      under subsection (c) with conducting research and
15      development with respect to a technology identified
16      under paragraph (2) of that subsection.
17             (2)     STANDARD        PROCESS   FOR   ARRANGE-

18      MENTS.—

19                   (A)   IN    GENERAL.—The      Administrator
20             shall develop a standard process by which a
21             consortium member tasked with research and
22             development under paragraph (1) may enter
23             into a formal arrangement with the Adminis-
24             trator to carry out such research and develop-




     † S 1260 ES
                                650
1               ment, such as an arrangement under section
2               2666 or 2667.
 3                    (B) REPORT.—Not later than 120 days
 4              after the date of the enactment of this division,
 5              the Administrator shall submit to the appro-
 6              priate committees of Congress a report on the
 7              one or more types of arrangement the Adminis-
 8              trator intends to enter into under this sub-
 9              section.
10                  PART VI—STEM ENGAGEMENT

11   SEC. 2661. SENSE OF CONGRESS.

12       It is the sense of Congress that—
13              (1) NASA serves as a source of inspiration to
14       the people of the United States; and
15              (2) NASA is uniquely positioned to help in-
16       crease student interest in science, technology, engi-
17       neering, and math;
18              (3) engaging students, and providing hands-on
19       experience at an early age, in science, technology,
20       engineering, and math are important aspects of en-
21       suring and promoting United States leadership in
22       innovation; and
23              (4) NASA should strive to leverage its unique
24       position—




      † S 1260 ES
                               651
 1                   (A) to increase kindergarten through grade
 2              12 involvement in NASA projects;
 3                   (B) to enhance higher education in STEM
 4              fields in the United States;
 5                   (C) to support individuals who are under-
 6              represented in science, technology, engineering,
 7              and math fields, such as women, minorities,
 8              and individuals in rural areas; and
 9                   (D) to provide flight opportunities for stu-
10              dent experiments and investigations.
11   SEC. 2662. STEM EDUCATION ENGAGEMENT ACTIVITIES.

12       (a) IN GENERAL.—The Administrator shall continue
13 to provide opportunities for formal and informal STEM
14 education engagement activities within the Office of
15 NASA STEM Engagement and other NASA directorates,
16 including—
17              (1) the Established Program to Stimulate Com-
18       petitive Research;
19              (2) the Minority University Research and Edu-
20       cation Project; and
21              (3) the National Space Grant College and Fel-
22       lowship Program.
23       (b) LEVERAGING NASA NATIONAL PROGRAMS TO
24 PROMOTE STEM EDUCATION.—The Administrator, in
25 partnership with museums, nonprofit organizations, and


      † S 1260 ES
                               652
 1 commercial entities, shall, to the maximum extent prac-
 2 ticable, leverage human spaceflight missions, Deep Space
 3 Exploration Systems (including the Space Launch System,
 4 Orion, and Exploration Ground Systems), and NASA
 5 science programs to engage students at the kindergarten
 6 through grade 12 and higher education levels to pursue
 7 learning and career opportunities in STEM fields.
 8       (c) BRIEFING.—Not later than 1 year after the date
 9 of the enactment of this division, the Administrator shall
10 brief the appropriate committees of Congress on—
11              (1) the status of the programs described in sub-
12       section (a); and
13              (2) the manner by which each NASA STEM
14       education engagement activity is organized and
15       funded.
16       (d) STEM EDUCATION DEFINED.—In this section,
17 the term ‘‘STEM education’’ has the meaning given the
18 term in section 2 of the STEM Education Act of 2015
19 (Public Law 114–59; 42 U.S.C. 6621 note).
20   SEC. 2663. SKILLED TECHNICAL EDUCATION OUTREACH

21                  PROGRAM.

22       (a) ESTABLISHMENT.—The Administrator shall es-
23 tablish a program to conduct outreach to secondary school
24 students—




      † S 1260 ES
                             653
 1             (1) to expose students to careers that require
 2      career and technical education; and
 3             (2) to encourage students to pursue careers
 4      that require career and technical education.
 5      (b) OUTREACH PLAN.—Not later than 180 days after
 6 the date of the enactment of this division, the Adminis-
 7 trator shall submit to the appropriate committees of Con-
 8 gress a report on the outreach program under subsection
 9 (a) that includes—
10             (1) an implementation plan;
11             (2) a description of the resources needed to
12      carry out the program; and
13             (3) any recommendations on expanding out-
14      reach to secondary school students interested in
15      skilled technical occupations.
16      (c) SYSTEMS OBSERVATION.—
17             (1) IN GENERAL.—The Administrator shall de-
18      velop a program and associated policies to allow stu-
19      dents from accredited educational institutions to
20      view the manufacturing, assembly, and testing of
21      NASA-funded space and aeronautical systems, as
22      the Administrator considers appropriate.
23             (2) CONSIDERATIONS.—In developing the pro-
24      gram and policies under paragraph (1), the Adminis-
25      trator shall take into consideration factors such as


     † S 1260 ES
                                  654
 1       workplace safety, mission needs, and the protection
 2       of sensitive and proprietary technologies.
 3   SEC. 2664. NATIONAL SPACE GRANT COLLEGE AND FEL-

 4                  LOWSHIP PROGRAM.

 5       (a) PURPOSES.—Section 40301 of title 51, United
 6 States Code, is amended—
 7              (1) in paragraph (3)—
 8                   (A) in subparagraph (B), by striking
 9              ‘‘and’’ at the end;
10                   (B) in subparagraph (C), by adding ‘‘and’’
11              after the semicolon at the end; and
12                   (C) by adding at the end the following:
13                   ‘‘(D) promote equally the State and re-
14              gional STEM interests of each space grant con-
15              sortium;’’; and
16              (2) in paragraph (4), by striking ‘‘made up of
17       university and industry members, in order to ad-
18       vance’’ and inserting ‘‘comprised of members of uni-
19       versities in each State and other entities, such as 2-
20       year colleges, industries, science learning centers,
21       museums, and government entities, to advance’’.
22       (b) DEFINITIONS.—Section 40302 of title 51, United
23 States Code, is amended—
24              (1) by striking paragraph (3);




      † S 1260 ES
                              655
 1             (2) by inserting after paragraph (2) the fol-
 2      lowing:
 3             ‘‘(3) LEAD INSTITUTION.—The term ‘lead insti-
 4      tution’ means an entity in a State that—
 5                 ‘‘(A) was designated by the Administrator
 6             under section 40306, as in effect on the day be-
 7             fore the date of the enactment of the National
 8             Aeronautics and Space Administration Author-
 9             ization Act of 2021; or
10                 ‘‘(B) is designated by the Administrator
11             under section 40303(d)(3).’’;
12             (3) in paragraph (4), by striking ‘‘space grant
13      college, space grant regional consortium, institution
14      of higher education,’’ and inserting ‘‘lead institution,
15      space grant consortium,’’;
16             (4) by striking paragraphs (6), (7), and (8);
17             (5) by inserting after paragraph (5) the fol-
18      lowing:
19             ‘‘(6) SPACE GRANT CONSORTIUM.—The term
20      ‘space grant consortium’ means a State-wide group,
21      led by a lead institution, that has established part-
22      nerships with other academic institutions, industries,
23      science learning centers, museums, and government
24      entities to promote a strong educational base in the
25      space and aeronautical sciences.’’;


     † S 1260 ES
                               656
 1             (6) by redesignating paragraph (9) as para-
 2      graph (7);
 3             (7) in paragraph (7)(B), as so redesignated, by
 4      inserting ‘‘and aeronautics’’ after ‘‘space’’;
 5             (8) by striking paragraph (10); and
 6             (9) by adding at the end the following:
 7             ‘‘(8) STEM.—The term ‘STEM’ means science,
 8      technology, engineering, and mathematics.’’.
 9      (c) PROGRAM OBJECTIVE.—Section 40303 of title
10 51, United States Code, is amended—
11             (1) by striking subsections (d) and (e);
12             (2) by redesignating subsection (c) as sub-
13      section (e); and
14             (3) by striking subsection (b) and inserting the
15      following:
16      ‘‘(b) PROGRAM OBJECTIVE.—
17             ‘‘(1) IN   GENERAL.—The      Administrator shall
18      carry out the national space grant college and fel-
19      lowship program with the objective of providing
20      hands-on research, training, and education programs
21      with measurable outcomes in each State, including
22      programs to provide—
23                   ‘‘(A) internships, fellowships, and scholar-
24             ships;




     † S 1260 ES
                               657
1                   ‘‘(B) interdisciplinary hands-on mission
2              programs and design projects;
3                   ‘‘(C) student internships with industry or
4              university researchers or at centers of the Ad-
5              ministration;
6                   ‘‘(D) faculty and curriculum development
7              initiatives;
8                   ‘‘(E) university-based research initiatives
9              relating to the Administration and the STEM
10             workforce needs of each State; or
11                  ‘‘(F) STEM engagement programs for kin-
12             dergarten through grade 12 teachers and stu-
13             dents.
14             ‘‘(2) PROGRAM PRIORITIES.—In carrying out
15      the objective described in paragraph (1), the Admin-
16      istrator shall ensure that each program carried out
17      by a space grant consortium under the national
18      space grant college and fellowship program balances
19      the following priorities:
20                  ‘‘(A) The space and aeronautics research
21             needs of the Administration, including the mis-
22             sion directorates.
23                  ‘‘(B) The need to develop a national
24             STEM workforce.




     † S 1260 ES
                                  658
 1                  ‘‘(C) The STEM workforce needs of the
 2              State.
 3       ‘‘(c) PROGRAM ADMINISTERED THROUGH SPACE
 4 GRANT CONSORTIA.—The Administrator shall carry out
 5 the national space grant college and fellowship program
 6 through the space grant consortia.
 7       ‘‘(d) SUSPENSION; TERMINATION; NEW COMPETI-
 8   TION.—

 9              ‘‘(1) SUSPENSION.—The Administrator may,
10       for cause and after an opportunity for hearing, sus-
11       pend a lead institution that was designated by the
12       Administrator under section 40306, as in effect on
13       the day before the date of the enactment of the Na-
14       tional Aeronautics and Space Administration Au-
15       thorization Act of 2021.
16              ‘‘(2) TERMINATION.—If the issue resulting in a
17       suspension under paragraph (1) is not resolved with-
18       in a period determined by the Administrator, the
19       Administrator may terminate the designation of the
20       entity as a lead institution.
21              ‘‘(3) NEW COMPETITION.—If the Administrator
22       terminates the designation of an entity as a lead in-
23       stitution, the Administrator may initiate a new com-
24       petition in the applicable State for the designation of
25       a lead institution.’’.


      † S 1260 ES
                               659
 1       (d) GRANTS.—Section 40304 of title 51, United
 2 States Code, is amended to read as follows:
 3 ‘‘§ 40304. Grants
 4       ‘‘(a) ELIGIBLE SPACE GRANT CONSORTIUM DE-
 5   FINED.—In      this section, the term ‘eligible space grant
 6 consortium’ means a space grant consortium that the Ad-
 7 ministrator has determined—
 8              ‘‘(1) has the capability and objective to carry
 9       out not fewer than 3 of the 6 programs under sec-
10       tion 40303(b)(1);
11              ‘‘(2) will carry out programs that balance the
12       priorities described in section 40303(b)(2); and
13              ‘‘(3) is engaged in research, training, and edu-
14       cation relating to space and aeronautics.
15       ‘‘(b) GRANTS.—
16              ‘‘(1) IN   GENERAL.—The     Administrator shall
17       award grants to the lead institutions of eligible space
18       grant consortia to carry out the programs under sec-
19       tion 40303(b)(1).
20              ‘‘(2) REQUEST FOR PROPOSALS.—
21                   ‘‘(A) IN GENERAL.—On the expiration of
22              existing cooperative agreements between the
23              Administration and the space grant consortia,
24              the Administrator shall issue a request for pro-




      † S 1260 ES
                              660
 1             posals from space grant consortia for the award
 2             of grants under this section.
3                  ‘‘(B) APPLICATIONS.—A lead institution of
4              a space grant consortium that seeks a grant
5              under this section shall submit, on behalf of
6              such space grant consortium, an application to
7              the Administrator at such time, in such man-
8              ner, and accompanied by such information as
9              the Administrator may require.
10             ‘‘(3) GRANT AWARDS.—The Administrator shall
11      award 1 or more 5-year grants, disbursed in annual
12      installments, to the lead institution of the eligible
13      space grant consortium of—
14                 ‘‘(A) each State;
15                 ‘‘(B) the District of Columbia; and
16                 ‘‘(C) the Commonwealth of Puerto Rico.
17             ‘‘(4) USE OF FUNDS.—A grant awarded under
18      this section shall be used by an eligible space grant
19      consortium to carry out not fewer than 3 of the 6
20      programs under section 40303(b)(1).
21      ‘‘(c) ALLOCATION OF FUNDING.—
22             ‘‘(1) PROGRAM IMPLEMENTATION.—
23                 ‘‘(A) IN GENERAL.—To carry out the ob-
24             jective described in section 40303(b)(1), of the
25             funds made available each fiscal year for the


     † S 1260 ES
                              661
 1             national space grant college and fellowship pro-
 2             gram, the Administrator shall allocate not less
 3             than 85 percent as follows:
 4                      ‘‘(i) The 52 eligible space grant con-
 5                 sortia shall each receive an equal share.
 6                      ‘‘(ii) The territories of Guam and the
 7                 United States Virgin Islands shall each re-
 8                 ceive funds equal to approximately 1⁄5 of
 9                 the share for each eligible space grant con-
10                 sortia.
11                 ‘‘(B) MATCHING REQUIREMENT.—Each el-
12             igible space grant consortium shall match the
13             funds allocated under subparagraph (A)(i) on a
14             basis of not less than 1 non-Federal dollar for
15             every 1 Federal dollar, except that any program
16             funded under paragraph (3) or any program to
17             carry out 1 or more internships or fellowships
18             shall not be subject to that matching require-
19             ment.
20             ‘‘(2) PROGRAM ADMINISTRATION.—
21                 ‘‘(A) IN GENERAL.—Of the funds made
22             available each fiscal year for the national space
23             grant college and fellowship program, the Ad-
24             ministrator shall allocate not more than 10 per-
25             cent for the administration of the program.


     † S 1260 ES
                               662
 1                 ‘‘(B) COSTS COVERED.—The funds allo-
 2             cated under subparagraph (A) shall cover all
 3             costs of the Administration associated with the
 4             administration of the national space grant col-
 5             lege and fellowship program, including—
 6                      ‘‘(i) direct costs of the program, in-
 7                 cluding costs relating to support services
 8                 and civil service salaries and benefits;
 9                      ‘‘(ii) indirect general and administra-
10                 tive costs of centers and facilities of the
11                 Administration; and
12                      ‘‘(iii) indirect general and administra-
13                 tive costs of the Administration head-
14                 quarters.
15             ‘‘(3) SPECIAL PROGRAMS.—Of the funds made
16      available each fiscal year for the national space
17      grant college and fellowship program, the Adminis-
18      trator shall allocate not more than 5 percent to the
19      lead institutions of space grant consortia established
20      as of the date of the enactment of the National Aer-
21      onautics and Space Administration Authorization
22      Act of 2021 for grants to carry out innovative ap-
23      proaches and programs to further science and edu-
24      cation relating to the missions of the Administration
25      and STEM disciplines.

Full text truncated for size; the complete document is in the PDF above.

File and source

File
BILLS_bills-117s1260es_bills-117s1260es.pdf
Size
2,898,205 bytes
SHA-256
1f15dac5c46c152bb3265dc46c77501b2768df0260f3920e03f24f940d52262c
Our copy
BILLS_bills-117s1260es_bills-117s1260es.pdf
Original
www.govinfo.gov
Back to top