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.
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“S. 1260, United States Innovation and Competition Act of 2021.”
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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)
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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
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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-
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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
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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.
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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
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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.—
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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-
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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
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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-
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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-
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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.—
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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.—
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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
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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.—
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1 (I) NO ALTERNATE ALLOCA-
2 TIONS.—If Congress has not enacted
3 legislation establishing alternate allo-
4 cations, including by account, pro-
5 gram, project, and activity, by the
6 date on which the Act making full-
7 year appropriations for the Depart-
8 ment of State, Foreign Operations,
9 and Related Programs for the applica-
10 ble fiscal year is enacted into law,
11 only then shall amounts made avail-
12 able under subsection (c)(2) be allo-
13 cated by the President or apportioned
14 or allotted by account, program,
15 project, and activity pursuant to title
16 31, United States Code.
17 (II) INSUFFICIENT ALTERNATE
18 ALLOCATION.—If Congress enacts leg-
19 islation establishing alternate alloca-
20 tions, including by account, program,
21 project, and activity, for amounts
22 made available under subsection
23 (c)(2) that are less than the full
24 amount appropriated under that sub-
25 section, the difference between the
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1 amount appropriated and the alter-
2 nate allocation shall be allocated by
3 the President and apportioned and al-
4 lotted by account, program, project,
5 and activity pursuant to title 31,
6 United States Code.
7 (d) SEQUESTRATION.—Section 255(g)(1)(A) of the
8 Balanced Budget and Emergency Deficit Control Act of
9 1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting
10 after ‘‘Continuing Fund, Southwestern Power Administra-
11 tion (89–5649–0–2–271).’’ the following:
12 ‘‘Creating Helpful Incentives to Produce
13 Semiconductors (CHIPS) for America Fund.
14 ‘‘Creating Helpful Incentives to Produce
15 Semiconductors (CHIPS) for America Defense
16 Fund.
17 ‘‘Creating Helpful Incentives to Produce
18 Semiconductors (CHIPS) for America Inter-
19 national Technology Security and Innovation
20 Fund.’’.
21 (e) 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)).
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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
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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-
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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—
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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.
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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.
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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
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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.
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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—
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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-
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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
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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).
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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—
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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
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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
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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-
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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.
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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-
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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.
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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;
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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;
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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);
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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
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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.
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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;
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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-
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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.
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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.
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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-
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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);
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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
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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-
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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
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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;
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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-
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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,
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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.—
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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
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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;
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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—
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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
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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-
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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
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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.
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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’’—
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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-
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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
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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)—
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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
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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;
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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
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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.—
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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;
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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—
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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
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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.—
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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.
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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)
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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
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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
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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—
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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;
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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
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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.
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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
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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).
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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
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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-
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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-
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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
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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-
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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-
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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.
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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-
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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.
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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-
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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’’;
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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)—
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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’’
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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
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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-
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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’’;
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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
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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)—
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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);
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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:
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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-
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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-
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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
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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—
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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
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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;
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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-
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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.—
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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.
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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
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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—
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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-
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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.
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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.
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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)).
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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-
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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-
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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;
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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.
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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-
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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;
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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-
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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
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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—
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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-
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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-
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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.
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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.
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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—
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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).
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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.
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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
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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
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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.
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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).
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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
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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
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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-
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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.—
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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-
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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-
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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
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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
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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;
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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.
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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.
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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;
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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;
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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
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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
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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—
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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.
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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,
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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.—
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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
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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-
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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
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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,
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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-
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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—
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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.
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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
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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.
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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
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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:
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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-
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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
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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
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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-
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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
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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;
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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-
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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
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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
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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,
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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—
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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
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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
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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
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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-
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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
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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-
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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-
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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.
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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-
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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;
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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-
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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-
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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.
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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
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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-
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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.
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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;
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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
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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.
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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-
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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-
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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-
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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-
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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
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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
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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-
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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
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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
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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
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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
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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.
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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’’.
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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-
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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.
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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-
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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.
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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;
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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
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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);
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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,
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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
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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—
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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
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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)).
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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—
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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
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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;
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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;
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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-
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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-
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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
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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.
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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.
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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.
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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.
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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-
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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.
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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
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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.
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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
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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.
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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-
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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
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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-
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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—
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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-
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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
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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;
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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-
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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
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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.
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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
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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
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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
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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.—
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1 (1) IN GENERAL.—The Secretary of Commerce,
2 in consultation with the Secretary of Energy, the
3 Secretary of Defense, and the heads of such other
4 Federal agencies as the Secretary of Commerce con-
5 siders relevant, shall coordinate with existing and
6 new Manufacturing USA institutes to integrate cov-
7 ered entities as active members of the Manufac-
8 turing USA institutes, including through the devel-
9 opment of preferences in selection criteria for pro-
10 posals to create new Manufacturing USA institutes
11 or renew existing Manufacturing USA institutes that
12 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.—
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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
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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
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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.
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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,
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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-
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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,
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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
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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
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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
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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-
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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
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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;
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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-
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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-
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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;
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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.
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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.
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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.
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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).
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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-
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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.
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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
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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—
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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
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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-
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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-
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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
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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
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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
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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.
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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-
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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,
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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
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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
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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.
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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—
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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;
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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
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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
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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-
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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
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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-
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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—
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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—
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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-
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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;
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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
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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
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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—
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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.—
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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;
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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
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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—
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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-
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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—
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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-
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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:
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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:
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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
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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
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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).
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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
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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
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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-
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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.
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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;
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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
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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—
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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-
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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-
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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-
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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-
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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
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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
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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.
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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-
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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-
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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-
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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
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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
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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.
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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-
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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
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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—
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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
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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;
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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;
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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.
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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.
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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
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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).
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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-
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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;
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.—
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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—
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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,
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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;
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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;
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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—
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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.
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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—
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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.—
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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-
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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.
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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-
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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)).
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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:
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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
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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;
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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-
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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
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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—
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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—
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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-
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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,
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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
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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
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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
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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.
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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
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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’’);
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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
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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.
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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-
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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
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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
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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.—
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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
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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
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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;
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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—
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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
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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
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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
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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;
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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
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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.
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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.
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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).
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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;
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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
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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.
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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-
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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-
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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—
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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.
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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.
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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
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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;
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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
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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
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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.—
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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-
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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
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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;
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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-
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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—
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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
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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.—
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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.
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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
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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.
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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—
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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
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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
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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.
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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
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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
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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
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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
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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)).
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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.
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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—
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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.
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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
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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-
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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-
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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.
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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).
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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
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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—
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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.—
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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
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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;
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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-
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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’’.
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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—
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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-
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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.—
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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
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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-
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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
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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
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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));
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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
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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
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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.’’.
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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;
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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-
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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-
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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-
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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—
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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
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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-
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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.
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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
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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).
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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.
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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
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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)—
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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-
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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.’’.
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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-
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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.
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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
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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–
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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.
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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.
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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.
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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.—
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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
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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
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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.
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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-
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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—
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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.
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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.—
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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-
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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;
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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.—
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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-
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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-
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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.
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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,
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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—
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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
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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;
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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
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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).
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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
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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
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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.—
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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-
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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
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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
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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—
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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
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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—
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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-
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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—
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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
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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—
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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
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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);
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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.’’;
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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;
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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.
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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.’’.
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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-
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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
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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.
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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.
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