Congressional Record, July 28, 2022: floor action on H.R. 7334 (COVID-19 EIDL Fraud Statute of Limitations Act of 2022)
Summary
These are House pages of the Congressional Record for Thursday, July 28, 2022 (Vol. 168, No. 126), which open with the House meeting at 10 a.m. In a one-minute speech Mr. McCarthy said the government had announced that morning: We are in a recession. The House then took up H. Res. 1289, the rule for the House amendment to the Senate amendment to H.R. 4346, the Legislative Branch Appropriations Act, 2022, with a motion that the House concur in the Senate amendment. Members described the measure as the CHIPS and Science Act, and the pages that follow print its text, including National Science Foundation and National Laboratory provisions.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record, July 28, 2022: floor action on H.R. 7334 (COVID-19 EIDL Fraud Statute of Limitations Act of 2022).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/congressional-record-july-28-2022-floor-action-on-h-r-7334-covid-19-ei-e6bf2671af/
, SHA-256 0c4f959ec58fcd2e7d14972e197d34ef074e925072d88c479c7bf6716c0310c4.Full text
This is the first part of the text (pages 1 to 103 of 206). The full document is in our copy of the file, CREC-2022-07-28.pdf, listed under File and source; the original is at govinfo.gov.
Congressional Record
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117 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 168 WASHINGTON, THURSDAY, JULY 28, 2022 No. 126
House of Representatives
The House met at 10 a.m. and was I pledge allegiance to the Flag of the for 1 minute and to revise and extend
called to order by the Speaker. United States of America, and to the Repub- his remarks.)
lic for which it stands, one nation under God, Mr. MCCARTHY. Mr. Speaker, this
f
indivisible, with liberty and justice for all. morning the government announced
PRAYER f what every American has been feeling
The Chaplain, the Reverend Margaret for nearly a year: We are in a recession.
ANNOUNCEMENT BY THE SPEAKER
Grun Kibben, offered the following This news is a grim milestone that
prayer: The SPEAKER. The Chair will enter- points toward more hardship, more suf-
Immortal, invisible, God only wise, tain up to 15 requests for 1-minute fering, and more pain for the American
deepen the appreciation of Your truth speeches on each side of the aisle. people. But even as we were expecting
in our hearts. Unchanging, unwavering, f today’s news, let me address what hap-
God eternal, root Your strength in our pened in the past 24 hours.
souls. SLAVERY REMEMBRANCE DAY The Senate passed a bill that took a
For Your word endures forever, and (Mr. GREEN of Texas asked and was small, discretionary program and
your counsel stands for perpetuity. given permission to address the House turned it into a $280 billion blank
May our meager efforts find their foun- for 1 minute and to revise and extend check, including $79 billion in manda-
dation in Your eternal plan. May our his remarks.) tory spending on corporate welfare to
decisions be rooted in Your everlasting Mr. GREEN of Texas. Madam Speak- be handed out to whoever President
word. er, and still I rise. I rise today some 400 Biden wants.
Use us in this time and this place years after slavery was introduced to For the record, I am a ‘‘no’’ on the
that even the least of our accomplish- the United States in 1619. I rise today Senate CHIPS bill that will come to
ments would find worth in Your design. proud of this House of Representatives the floor today. I was a ‘‘no’’ last week.
Guide us in these days that the most because on yesterday, the House ap- I was a ‘‘no’’ last night. And I will be
inconsequential elements of our work proved a historic Slavery Remem- the first ‘‘no’’ on the board later today.
would have value in Your eyes. brance Day resolution. I urge all my Republican colleagues
In each fleeting moment, confront us Madam Speaker, in the out years, to join me. Reject this deeply flawed
with the opportunity to acknowledge this resolution is going to prove to be bill. Let’s start from scratch.
that You are present, here, now, and in And if that wasn’t enough, Senate
very beneficial to our country. You
every minute of our lives. And may we Democrats then announced they want
will find slavery remembrance com-
serve to glorify You this day. to spend another half a trillion dollars
memorations going on across the
In Your presence we stand, and in during a recession. Democrats say they
length and breadth of the country. This
Your name we pray. want to lower inflation, but do you
is because we never want to repeat the
Amen. know what their new bill does? It gives
horrors of slavery.
f you a $7,500 tax credit to buy an $80,000
So, I thank every Member of this
electric vehicle for people making up
THE JOURNAL House who voted for this resolution. to $300,000.
The SPEAKER. The Chair has exam- Each of you will receive from me a per- They say they want to restore
ined the Journal of the last day’s pro- sonal thank you as well as a com- growth, but their new bill adds $700 bil-
ceedings and announces to the House memorative booklet so that you can lion in new taxes, including a $300 bil-
her approval thereof. place this prominently some place in lion made in America tax that punishes
Pursuant to clause 1 of rule I, the your home or your office because it anyone who wants to build, manufac-
Journal of the last day’s proceedings is was a historic occasion, and it will ture, or invest in America.
approved. make a difference in the lives of people They say they want to help strug-
across the length and breadth of this gling families, but do you know what
f
country. their new bill does? Who do they hire?
PLEDGE OF ALLEGIANCE I am so proud of you, and I thank They hire 87,000 new IRS agents to
The SPEAKER. Will the gentleman you. God bless you. audit them and spy on their bank ac-
from Virginia (Mr. CLINE) come for- f counts. That is what the Democrat ma-
ward and lead the House in the Pledge jority wants.
of Allegiance. AMERICA IS IN A RECESSION They say they want to lower prices,
Mr. CLINE led the Pledge of Alle- (Mr. MCCARTHY asked and was but their new bill will allow bureau-
giance as follows: given permission to address the House crats to decide what drugs seniors can
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
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Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
®
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H7260 CONGRESSIONAL RECORD — HOUSE July 28, 2022
access and destroy the hope of any new right there? Then he told us in Decem- because we want the gas price higher?
cures or treatments for diseases like ber that inflation had peaked, no more We want to punish Americans. That
cancer. fear, it has peaked. That was at 7.0 per- was their question, to produce less.
And do you know what? They are not cent. Democrats tried to convince us They want to intimidate them.
done yet. that inflation was a good thing. And they crippled the labor market
Mr. Speaker, do Democrats really be- Remember Secretary Yellen said this by paying people to stay home instead
lieve that spending hundreds of billions week that a recession isn’t a recession, of going back to work, including them-
of tax dollars right now while pursuing but rather, our country is in a period of selves.
and punishing productive investments transition in which growth is slowing. b 1015
in the long run will lower inflation? That is weird, huh? We all learned that
Policies like that don’t lower inflation; a recession is really easy. You take two This is the only place in America you
they cause inflation. quarters in a row and you have nega- can go and enjoy a wedding in France
They are going to spend more dollars tive growth. But it is weird, beginning for some movie star and still vote on
chasing the same goods with fewer jobs this week the White House told us, I this floor and get paid for it. This is
and lower income in the long run all don’t know, I looked in every book, but the only place in America you can be
during a recession. we are changing the definition now. We on a boat celebrating and still vote in
But I know what you are going to changed each and every place of where this House or in your committee and
say: It is okay because you changed the we went. get paid for it. This is the only place in
definition of a ‘‘recession’’ now. You When it started, it was temporary. America, and this is the only Congress
know, Einstein once said, and we all First, it was COVID’s fault. Then, don’t that has ever allowed it—ever. It
know it: ‘‘The definition of insanity is worry, it is transitory, it is not going doesn’t matter what we have ever gone
doing the same thing over and over and to stay. Then we found out corporate through, a pandemic, a war.
expecting a different result.’’ So what greed is doing this; then it is just a Do you know what, Madam Speaker?
you really should do is just go with high-class problem, their problem, no- I don’t see one Member wearing a
changing the definition. Maybe people body else’s. Then it is okay, it has mask, and we were only going to keep
won’t hear you or understand it. peaked. But then when it went a little that during the pandemic. I see one. I
We all know across this country what higher, it is the supply chain’s fault stand corrected. But I guess the rest of
caused inflation: Democrats winning now. No, no, no, no. Now, it is Putin’s you feel it is okay.
the House, the Senate, and the Presi- fault. Eventually America may believe If this sounds like a healthy economy
dency. And now you are doubling down something. Then it is just out of date. to you, I hear there is an opening at
on the same failed policies. Was the Now, no, no it is not a recession, the the White House press office. But for
worst inflation in 40 years not enough? economy is just slowing. the rest of us that live in reality, it is
Are they trying to see how high they You would rather redefine a recession painful.
can get it all while forcing the Amer- than restore a healthy economy? I want to ask everybody in America:
ican people to pay the bills for your You know, the American people Can you afford to give up 1 month of
failures? know that inflation was not tem- income? Think about that. Could you
Democrats just can’t help them- porary. Inflation hadn’t peaked, and afford to give 1 month of your pay up?
selves. They simply don’t care about now we are in a recession. But the I don’t know very many people in my
the consequences. Democrats continue to talk down to district who can.
Which brings me to this morning’s American families no matter the in- Madam Speaker, maybe Paul Pelosi
news, the Bureau of Economic Analysis creased cost of nearly everything. can, but nobody else that I know can.
announced the GDP fell by 0.9 percent But you know the worst part about But that is exactly what you took
in the second quarter. I am not sure, all of this? And I see people here ready from every single American. You see,
Mr. Speaker, if everybody is lined up to to speak. Madam Speaker, I wonder if inflation is so high, every single Amer-
talk about that today. This comes anyone is going to speak and show us ican has lost a full month’s pay.
after a 1.6 percent decline in the econ- your plan. Show us your plan to get us Can Americans afford to keep the
omy in the first quarter. So half of this out of recession. Show us your plan to Democrats in power? Could you afford
year our economy shrank. make our streets safe again. Show us to lose another month’s pay? Or do you
It is no wonder an overwhelming 8 in your plan that you are going to feel good that it is not a recession or it
10 Americans feel the economy is head- produce more and lower the gas price. is Putin’s fault?
ing in the wrong direction. And the Na- I guess your plan is just redefine and If you had a constant salary like ev-
tional Federation of Independent Busi- blame something else. erybody in this body, 1 month is 8.3
nesses—this is a survey of small busi- Their failed policies have not only percent of those 12 months. Inflation is
nesses—found that the confidence is at made inflation worse, you created it. higher, so you just lost a full salary.
its lowest level in 48 years. But I guess Democrats have increased total gov- You have less money, but you pay
that is Putin’s fault. ernment spending by over $9 trillion in more at the gas pump.
Consumers and businesses are losing less than 18 months. For every Amer- But it is okay. Tell everybody to go
hope, and there is no secret why. Every ican, if you wonder, do elections have buy an electric car at $80,000. I wonder
week the American people know we are consequences? Yes, they do. Oh, yes, what your answer is to the homeless.
able to buy less with the money we they do. $9 trillion in 18 months. Buy a house?
have. Every week at the gas pump we The Democrats control the House, If you think about this, this is actu-
are paying nearly twice as much to fill they control the Senate, they control ally the Pelosi pay cut because not one
up our tanks. Every month the Amer- the White House. This is what they American voted for your $2 trillion in-
ican people know when they get their brought us. We have not felt this in flation-creating bill. Not one. The
pay stubs they are making less in real more than four decades. Sixty percent Pelosi pay cut affects every American,
wages. And every day the American of every American has never lived but do you know what? It is especially
people understand the simple truth: We through inflation above 4 percent. hard on families who have extra ex-
cannot afford Democrats’ failed poli- They halted energy projects, slowed penses.
cies. But we are certainly paying for down pipeline construction, and took I don’t know if you watched the clip,
them. every step to discourage American oil but I watched this clip of a 15-year-old
Of course, President Biden and and gas production. You know, when girl named Jinger Vincent from Indi-
Speaker PELOSI won’t admit it. Their they had the majority like they do ana. This poor girl was diagnosed with
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response to rising prices has been to right now, they brought in all the en- bone cancer, and she has to travel
issue dismissals, denials, distortions, ergy companies. Not one Democrat every week for treatment. It is located
and a little deceptive spin. asked: How could we lower the gas more than an hour away. Last year,
Remember when President Biden told price? Do you know what they made her parents, Keith and Analiza, paid
us last July that inflation was tem- every CEO do? They asked them: Would around $100 each week for that trip, but
porary and expected? Remember that you promise to produce less next year because of the surging gas price—but it
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7261
is okay if I listen to the Democrats; You don’t even have to put it here, but This is the leadership of America. We
the President said it is a good thing— I bet you could predict when Biden was don’t need to produce more oil and gas
they are now spending more than $200 inaugurated. That is when it all goes in America, so we will stop the pipeline
each week. They also have two other up. on the first day. We will tell those
children. But when did your wages start to American workers they are not going
The Vincents said they simply can’t drop? The day he was sworn in. The day to work in America, but we are going
afford a price hike, and they have the Democrats took the majority in to go over to Saudi Arabia.
turned to loans to cover the costs. Can the House, the Senate, and the White I guess you keep some promises in a
you imagine having to take a loan to House. campaign when you say you are going
pay for the gas to take your 15-year-old When did it really start dropping to shut down oil and gas in America
daughter to get cancer treatment and hard? The day they passed the Amer- but don’t keep the promise about Saudi
at the same time losing a full month’s ican Rescue Plan. Arabia. You go there and you fist-bump
pay? But I know they want to reject what and hope you are going to get more:
Do you know what is worse? In this Republicans say. They don’t want to Could you produce more for America?
story, that 15-year-old girl, Jinger— listen to Republicans. But do you know Do you know what is so sad about all
having to watch her parents say: We what? Why don’t you listen to Larry of this? You have no plan to fix it, but
have to pay this bill, and we have to Summers? He worked in the Obama- you had the plan to destroy it. It
pay that. This is what she said: And I Biden administration as the Director of wasn’t just Republicans who warned
am downstairs, and I hear all that. It the National Economic Council. He was you about it. It was your very own
just seems so stressful. They shouldn’t the Secretary of the Treasury in Bill Democrats who were in Obama’s ad-
have to go through this. Clinton’s administration. Before the ministration, who were economic ad-
Madam Speaker, my question is, do vote, he told everybody the American visers, who warned you before the vote
Democrats agree with Secretary Rescue Plan could set off inflationary that you would create inflation. Then
Buttigieg that the more pain families pressures of a kind we have not seen in you took that vote.
like the Vincents feel at the pump is a a generation. I guess he was right. Only Democrats passed that bill.
good thing? Madam Speaker, that is Jason Furman, an economic adviser to Only Democrats created inflation. Only
the Secretary of Transportation. the Obama-Biden administration, said Democrats have shut down our oil and
I guess they seem to agree with them the same thing. gas, and we haven’t even gotten to
because rather than having a plan to The American Rescue Plan was defi- defunding the police. I don’t know how
lower gas prices, their answer is to tell nitely too big for the moment. I don’t
many times people can warn you.
the Vincents and others to buy a Tesla. know any economist that was recom- You can go to my home State, to the
They are borrowing money to pay for mending something the size of what city of San Francisco, Republicans
gas, and you are telling them to buy a was done, but every Democrat was. there register only about 6.7 percent.
Tesla. Why don’t we go to Steve Rattner,
But do you know who is probably They are not even the second party,
another Obama-Biden economist? What
happy because with their new deal, you but even San Francisco has had
did he say? The American Rescue Plan
can make $300,000, and that same tax- was the Democrats’ original sin when enough. They recalled their school
payer that just lost a month’s salary it comes to inflation. Think about board against the same policies you
that has to get a loan to pay for gas, that. Steve Rattner, who worked in the passed on this floor. They recalled
they have to pay more in taxes so Obama-Biden administration to try to their DA.
somebody else wealthy can get that tax help them during an economic crisis, It is not just Republicans telling you
break—that is not compassion. It is especially when it came to the auto- it is hurting; it is America. But you
cruelty, and the American people are mobile industry, says this is the origi- still have no plan, not one plan. We are
suffering the consequences every day. nal sin, the American Rescue Plan, 1 more day here before we are out into
Americans aren’t imagining that that caused inflation. He didn’t say it August. There isn’t one plan proposed.
their grocery bills are higher than was Putin’s fault. He didn’t say it was Or I guess your plan is to follow the
ever; they are. Americans aren’t imag- temporary. He didn’t apologize after- President to Saudi Arabia.
ining that they have to pay more to fill ward because he didn’t have to. He But your plan that you announced
up their gas tanks; they do. They are warned you about it. yesterday, the plan you are going to
not imagining that their savings are Treasury Secretary Yellen—I don’t vote on this floor today, is only going
shrinking and their 401(k)’s have be- know how many calls she made to try to create more inflation. You are going
come 201(k)’s; they are. to twist arms to get people to vote for to take another paycheck away.
But let me tell you what they are ac- it or how many times she went on TV It explains why this week and the
tually living through, what they are telling the American public that this week before and the week before that,
afraid of, and what keeps them up at was a good thing, that this was going and every week in this House you have
night: higher taxes and higher energy to put us on the right path—she admit- been in session, the Democrats have of-
costs; the first house they will never be ted in May that she missed the biggest fered no plan to fight inflation. You
able to afford because prices are rising explosion of inflation in over 40 years. only fuel it. It is basic economics.
and their incomes are falling; retire- She said, ‘‘I was wrong then about the Madam Speaker, in 40 years, we have
ment savings that will no longer last path that inflation would take.’’ never experienced this. The last time
long enough. They are worried about She was wrong when she told us it we experienced this, we had a Demo-
how much worse it can get if Demo- was transitory. She was wrong when crat-controlled House, Senate, and
crats’ failed policies continue. she told people to vote for it. White House.
You think for all this suffering that Either Democrats didn’t see the You have no plan to increase energy
they have caused, there is no way that worst inflation in 40 years coming, or production to lower the price of gaso-
Democrats would do this on purpose. they did and still believed your suf- line. In fact, just this week and last
Guess again. fering was worth the incredible transi- week, 218 House Democrats voted to
Everything about the Biden recession tion. That explains why President continue to sell our strategic oil to
was predictable and avoidable. Only Biden, Speaker PELOSI, and Senator Communist China. You voted on that
Democrats in Washington chose not to SCHUMER are still peddling anti-energy on the floor. You have done it twice.
see it coming. I remember coming to policies, plus almost a trillion in new So, not only do you not have a plan,
this exact floor, warning that if you spending and new taxes on Main but you are defending China taking the
pass nearly $2 trillion of the American Street, even as these policies destroy oil we saved to protect America. You
dlhill on DSK120RN23PROD with HOUSE
Rescue Plan, you would cause infla- our country. have no plan to reconnect workers to
tion. I listened to the other side. They It explains why we have John Kerry, jobs by ending incentives that pay
said it was going to save us. But that Biden’s Special Presidential Envoy for more to stay home than pursue produc-
inflation is exactly what happened. Climate, saying: We absolutely don’t tive work.
It is interesting when you look at need to produce more oil and gas in Madam Speaker, Americans know
these lines, producer price inflation. America. the Democrats have no plan to rebuild
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H7262 CONGRESSIONAL RECORD — HOUSE July 28, 2022
an economy that works for us—none to lower the gasoline prices, and not country broadcasting from the banks
whatsoever. celebrate the pain they are causing of the mighty Mississippi.
every American. KWAM’s roster of talent includes
b 1030
The SPEAKER pro tempore (Ms. Todd Starnes’ nationally syndicated
Republicans have a plan. We are pre- SCHRIER). Members are reminded to ad- show, Tim Van Horn, and Earle
pared to build an economy that is dress their remarks to the Chair. Farrell, along with Chett and Dr.
strong and one that fights inflation by Mr. NEAL. Madam Speaker, a point Sherrie Hopper.
officially ending this disastrous Build of clarification, are we doing Special Congratulations to KWAM The
Back Better, eliminating wasteful Orders or 1 minutes? Mighty 990 on this historic milestone.
spending, and getting Americans back I think there is a time set aside every f
to work in the workforce. day for Special Orders.
Do you know where we will start? AFFORDABLE HOUSING
The SPEAKER pro tempore. The
Right here on this floor. (Mr. ESPAILLAT asked and was
Chair is currently entertaining re-
You will have to show up for work to given permission to address the House
quests for 1-minute speeches. The mi-
be paid, just like every other Amer- for 1 minute and to revise and extend
nority leader was recognized for the
ican. No, you can’t take your European his remarks.)
customary time.
trips and phone it in. Mr. ESPAILLAT. Madam Speaker,
To the American public: Let’s just be f
today I seek recognition and rise to ad-
honest, Why won’t the Democrats lift REMEMBERING DAVID TRIMBLE dress the growing barriers to homeown-
the proxy voting? ership and skyrocketing rents.
(Mr. NEAL asked and was given per-
Because every person who votes Families that have lived in the city
mission to address the House for 1
proxy, signs—by penalty of perjury— of New York for generations are being
minute and to revise and extend his re-
they can’t come in because of COVID. I pushed out. These families have signifi-
marks.)
imagine if that person had COVID they cant ties to the community and con-
Mr. NEAL. Madam Speaker, I stand
probably wouldn’t have been let into tribute to the cultural exchange that
today to pay tribute to David Trimble,
that wedding in France or on that New York City is known for.
an important contributor to the forma-
houseboat with their family or at the Homeownership is one of the best
tion and the success of the Good Friday
fundraiser in Ohio trying to run for the ways to gain equity and build genera-
Agreement and the original First Min-
Senate. tional wealth. Yet, there are millions
Madam Speaker, it starts by exam- ister for Northern Ireland. I got to
of Americans who aren’t able to buy
ple. If you are not willing to produce a know David very well, and it is unfor-
into the housing market.
plan, if you are not willing to have tunate that he has left us too early. As a member of the Appropriations
your own Members show up to work, All of the political parties in the
Subcommittee on Transportation, and
and if you are not willing to be honest North put aside longstanding animos-
Housing and Urban Development, and
with the American people, then get out ities and came together to make the
Related Agencies, I am proud to have
of the way and let somebody else lead. Good Friday Agreement possible. David
worked with my colleagues to draft a
We have an economy in our plan that Trimble showed uncommon courage to
bill that would address this issue.
will be driven by pro-growth economic ignore dissenting voices in the Union- But we must do more. The bill pro-
policies that deliver higher paychecks ist community to achieve that historic vides a total of $62.7 billion for HUD
and that don’t take them away from accord. which includes funding to protect hous-
you. They will lower costs, boost Main For all of us, sometimes it is difficult ing assistance for more than 4.8 million
Street, and encourage innovation. to say no to our own side. It was not an individuals. It also expands housing
It will be an economy with lower gas- easy process. There were many months choice vouchers to more than 140,000
oline prices—yes—by increasing pro- of negotiations, and not everybody got low-income individuals and families at
duction in America with American- what they wanted, but the Nobel Prize risk of homelessness.
made energy, not begging the Saudis that he and John Hume received in 1998 We must continue to enact policies
for more. We will approve more oil and was a reflection of those tough deci- that ensure all residents can live with-
gas pipelines here at home, and we will sions. As we approach the 25th anniver- out being burdened by housing costs.
prioritize reliable, resilient energy sary of the agreement, it endures be- f
grids. cause of his patient approach, coupled
Do you know what it will do to not with a keen focus on dialogue. HAPPY BIRTHDAY TO DONALD
just the economy, not just more Amer- My deepest condolences to his wife, KELLER
icans working, and not just lowering Daphne, and family. Today, we know (Mr. CLINE asked and was given per-
the fuel price that will lower inflation? that on the island of Ireland, peace is mission to address the House for 1
It will improve the environment. within our sight because of the work minute and to revise and extend his re-
You see, Madam Speaker, American that David Trimble contributed. marks.)
natural gas is 41 percent cleaner than f Mr. CLINE. Madam Speaker, I rise
Russian natural gas. We will secure our today to salute and pay tribute to a
CELEBRATING 75 YEARS OF KWAM
supply chain and no longer be depend- member of the Greatest Generation in
RADIO
ent on China. celebration of his 100th birthday. Don-
Madam Speaker, I know the Demo- (Mr. KUSTOFF asked and was given ald Keller is a World War II veteran
crats will continue to vote to defend permission to address the House for 1 who has lived in Strasburg, Virginia,
China to make sure they get our Stra- minute and to revise and extend his re- for almost his whole life.
tegic Petroleum Reserve. We will keep marks.) At 21, Keller joined the Army as a
bringing it up so that every time I Mr. KUSTOFF. Madam Speaker, I radio operator, and he served in the
watch a Democrat on TV say that they rise today to celebrate the 75th anni- military for almost 2 years from 1943 to
are opposed to it, but they walk into versary of The Mighty 990 radio station 1945. During his deployment, he was
this room—or they are in their wed- in Memphis. Its call letters, KWAM, awarded two Purple Hearts, one after
dings or on their fundraisers and they stand for We Are Memphis. being wounded in Normandy and the
phone in their votes—and they defend Over the years, legendary musicians, other when he was injured in Luxem-
China, we will defend America. including Elvis Presley, have been as- bourg during the Battle of the Bulge.
It is time for a new direction in sociated with The Mighty 990. Keller later received the French Legion
Washington to get our Nation back on Today, the radio station is owned by of Honor for carrying two injured sol-
dlhill on DSK120RN23PROD with HOUSE
track. Americans deserve a future Memphis native, Todd Starnes who diers to safety while he himself was in-
filled with hope, opportunities, and transformed KWAM into a news talk jured.
freedom, and Republicans stand ready radio station with an emphasis on de- After Keller fought in the war, he re-
to deliver. veloping local talent. turned to Strasburg where he served
I wait patiently for one Democrat to KWAM is a strong voice for people the city by opening his own radio re-
tell me their plan to reverse inflation, across west Tennessee and the entire pair company.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7263
The Sixth District thanks Donald sequences of one-party Democrat rule RECOGNIZING WOMEN ATHLETES
Keller for his service and contributions in Congress and in the White House. AT NORTH CAROLINA STATE
to the city of Strasburg. What is their predictable reaction? UNIVERSITY
His commitment to the city is clear- Yesterday, they announced a bill to (Ms. ROSS asked and was given per-
ly shown by the community’s commit- increase taxes and to spend hundreds of mission to address the House for 1
ment to celebrate his 100th birthday. billions of more dollars. It is shameful. minute and to revise and extend her re-
So, again, I thank him for his serv- I will fight tooth and nail to protect marks.)
ice, and I wish Donald Keller a very Americans from the left’s out-of-con- Ms. ROSS. Madam Speaker, I rise
happy 100th birthday. trol spending. today to recognize the extraordinary
f achievements of the women athletes at
f North Carolina State University.
ARIZONA IS A GLOBAL LEADER IN
SEMICONDUCTOR MANUFAC- In addition to the women’s basket-
HONORING THE LIFE OF DETROIT ball team winning their third straight
TURING
POLICE OFFICER LOREN COURTS ACC championship, the women’s cross-
(Mr. STANTON asked and was given country team won their first NCAA
(Mrs. LAWRENCE asked and was
permission to address the House for 1 championship. And we also have the
given permission to address the House
minute and to revise and extend his re- accomplishments of many more.
for 1 minute and to revise and extend
marks.) Last spring, seniors on the women’s
her remarks.)
Mr. STANTON. Madam Speaker, tennis team won the NCAA doubles
Mrs. LAWRENCE. Madam Speaker, I
thanks to years of hard work, we have championship.
rise to honor the life of fallen Detroit
made Arizona a global leader in semi- Katharine Berkoff also claimed the
Police Officer Loren Courts.
conductor manufacturing. It is one of 100-yard backstroke national title for
Officer Courts died in the line of duty
our State’s fastest-growing industries. the second year in a row, while Katelyn
at the age of 40 on July 6, 2022. I and all
We have supported innovative, local Tuohy stormed to victory on the track
Michiganders share in the grief during
companies that produce base materials, in the 5,000 meters.
this difficult time.
we have trained a talented STEM Last month, we celebrated the 50th
A 5-year veteran of the department
workforce through our colleges and anniversary of Title IX, the foundation
and second-generation officer, Officer
universities, and we have attracted bil- of gender equity at educational institu-
Courts risked his safety and ultimately
lions of dollars in investment to build tions. This milestone serves as an im-
sacrificed his life protecting his com-
semiconductor fabs in the Valley of the portant reminder that too often women
munity. He will be remembered by his
Sun. athletes don’t get the recognition they
loved ones as a remarkable public serv-
These days microchips are in every- deserve.
ant, friend, son, husband, and father. Congratulations to the Wolfpack
thing from consumer electronics and
Madam Speaker, I ask all of my col- women on these amazing accomplish-
cars to technologies that support our
leagues to join me in honoring the life ments.
national defense. Increasingly, those
and service of Officer Loren Courts of
chips are made in Arizona. In the fu- f
the Detroit Police Department.
ture, I want more of those chips to be
b 1045
manufactured in Arizona. That was f
why I was an early and vocal supporter HONORING THE SERVICE OF
of the CHIPS Act. SHERIFF GRADY JUDD
BUILD BACK BROKE CAUSED
It comes down to one word: jobs. (Mr. C. SCOTT FRANKLIN of Florida
RECESSION
This bill will help drive down costs asked and was given permission to ad-
for consumers and lower our reliance (Mr. LAMALFA asked and was given dress the House for 1 minute and to re-
on foreign countries all while creating permission to address the House for 1 vise and extend his remarks.)
and supporting tens of thousands of minute and to revise and extend his re- Mr. C. SCOTT FRANKLIN of Florida.
high-paying jobs in my home State of marks.) Madam Speaker, this past week, my
Arizona. Mr. LAMALFA. Madam Speaker, sheriff and friend, Grady Judd, cele-
Madam Speaker, I urge my col- well, here are the numbers: gross do- brated 50 years of service with the Polk
leagues to vote ‘‘yes’’ on this bill to re- mestic product is down another 0.9 per- County Sheriff’s Department.
charge America’s economy. cent on this quarter on top of last Belovedly known as ‘‘America’s Sher-
f quarter’s 1.6 percent drop in GDP for iff,’’ Grady is renowned for his plain-
the second straight quarter. spoken style and relentless commit-
PROTECTING AMERICA FROM THE Why? ment to the rule of law. People from all
LEFT’S OUT-OF-CONTROL SPEND- There are several factors: the high over the world tune into his live-
ING cost of energy and energy being shut streamed press conferences to hear his
(Mr. SMITH of Missouri asked and down in this country—energy affects Gradyisms, such as, ‘‘You can’t fix stu-
was given permission to address the everything—inflation, and profligate pid, but you can arrest it.’’
House for 1 minute and to revise and spending by government have driven us Grady joined the department in 1972,
extend his remarks.) into a situation where we have—yes, at the age of 18. He rose quickly
Mr. SMITH of Missouri. Madam we will say the word—a recession. through the ranks and has served as
Speaker, the new GDP numbers an- Now, there are 38 different edits to sheriff since 2004. He has been ap-
nounced this morning confirm that the terminology of recession. However, proached many times throughout his
Washington Democrats’ reckless spend- the definition of recession on the career for running for higher office but
ing has sent our Nation into a reces- Wikipedia page is not going to change has always responded, Why in the
sion. On top of paying an extra $5,200 the fact that the policies of over- world would I want to do that? I have
this year because of the President’s in- spending, choking regulations, and bad the best job in the world already.
flation crisis, Americans are now hav- energy policy have made it impossible His half century of service is just one
ing to live in fear that they will see for people to afford anything anymore. example of how seriously he takes his
their paychecks cut or they will lose Indeed, it has been a tax upon people’s commitments. Less than 1 month after
their jobs. income. Approximately one full joining the department all those years
This incredibly troubling news comes month’s paycheck is lost to Americans ago, he married his sweetheart, Marisa.
just 1 day after the Federal Reserve because of these high costs. They will celebrate their 50th wedding
dlhill on DSK120RN23PROD with HOUSE
hiked interest rates, which means more So instead of playing around on anniversary on September 16; and are
Americans won’t be able to afford to Wikipedia redefining what recession is, the proud parents of 2 sons and 13
buy a car or a new home. let’s get back to work and put things grandchildren.
Forty-year high inflation, sky- together on our energy policies, supply Thank you, Sheriff, for all you do to
rocketing interest rates, and now a re- chain, and, indeed, stop the profligate keep our community safe and for being
cession—these are the disastrous con- spending of build back broke. such a good and decent man.
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H7264 CONGRESSIONAL RECORD — HOUSE July 28, 2022
HONORING THE LIFE AND REESE’S LAW BUILDING TECHNOLOGICAL
SACRIFICE OF RICHARD LOPEZ SUPREMACY
(Ms. KELLY of Illinois asked and was
(Mr. O’HALLERAN asked and was given permission to address the House (Mr. HIGGINS of New York asked and
given permission to address the House for 1 minute.) was given permission to address the
for 1 minute and to revise and extend Ms. KELLY of Illinois. Madam House for 1 minute.)
his remarks.) Speaker, I rise today to talk about Mr. HIGGINS of New York. Madam
Mr. O’HALLERAN. Madam Speaker, Reese Hamsmith, an 18-month-old child Speaker, Taiwan, a country of less
I rise today to honor the life and sac- who died due to complications 2 than 24 million people in East Asia,
rifice of Yavapai County Sheriff Dep- months after ingesting a button bat- manufactures 92 percent of the world’s
uty Richard Lopez, who was killed in tery. This story has become more and advanced computer chips. You can’t
the line of duty last month. more common with nearly 3,500 chil- buy technological supremacy, but you
I was incredibly humbled to attend dren ingesting button and coin bat- can build it.
Officer Lopez’s service, and to see and teries each year. Today, the House will vote to ap-
feel the outpouring of love and support. Just under a year ago is when I first prove the CHIPS Act, which will make
I saw right away that Officer Lopez left met with Reese’s mom, Trista. Trista’s a $280 billion investment in the design
an indelible mark on Yavapai County. story is heartbreaking, but she has and actual making of advanced com-
Beloved by his community, respected turned her and her family’s grief into puter chips right here in America; $50
by those he served, and mourned deeply action. She approached my office with billion for research and development
by his family and his colleagues, I saw an idea for a bill so that other families and for the construction of chip manu-
right away that he was a wonderful are spared this experience. facturing facilities in America.
person. The bill also includes $10 billion to
Reese’s Law requires the Consumer
As a former police officer and homi- establish 20 regional hubs, regional
Product Safety Commission to create
cide investigator, I know that police centers of innovation. Buffalo, New
safety standards for products that con-
work is an incredibly dangerous profes- York, is well-positioned to be one of
tain a button or coin batteries to pre-
sion. Any arrest can turn dangerous in those.
vent accidental ingestion by children
an instant, putting officers and all in- I urge this House to approve the
under 6 years old.
volved in jeopardy in a single moment. CHIPS Act, and the Commerce Depart-
We must always keep our brave law I thank Trista for her fierce advocacy ment to select Buffalo as one of the re-
enforcement officers and their families for continuing to share Reese’s story, gional hubs.
in our thoughts and in our prayers. and for helping make this bill become
f
Today, I extend my sincerest condo- a reality.
lences to Lushana Lopez and their two I am proud that this bipartisan bill HONORING THE SERVICE OF DR.
children, and to the men and women of passed the House yesterday and my O’DELL OWENS
the Yavapai County Sheriff’s Depart- colleagues voted to protect children (Mr. WENSTRUP asked and was given
ment. and help save countless lives. permission to address the House for 1
minute and to revise and extend his re-
f f marks.)
Mr. WENSTRUP. Madam Speaker, I
STATE OF OUR ECONOMY STATE OF THE ECONOMY rise today to honor and congratulate
(Mr. SMUCKER asked and was given my good friend and mentor, Dr. O’Dell
(Mr. MOOLENAAR asked and was given
permission to address the House for 1 Owens, on his retirement. As an obste-
permission to address the House for 1
minute.) trician, Dr. Owens brought countless
minute and to revise and extend his re-
Mr. SMUCKER. Madam Speaker, young Americans into the world.
marks.)
well, here we are. Reports this morning Dr. Owens served as chairman of the
Mr. MOOLENAAR. Madam Speaker, board at the University of Cincinnati.
show that we have been in a recession
this morning, the Commerce Depart- He was president of Cincinnati State
here in this country. Unfortunately,
ment announced that the economy University. He was the medical direc-
since coming into office, the Biden ad-
shrank for the second quarter in a row. tor of the Cincinnati Health Depart-
ministration has been in denial about
This means that under President ment, and he served as Hamilton Coun-
the state of our economy.
Biden, we are now in a recession. And ty Coroner; all before spending 5 years
And I think our Minority Leader, Mr.
yet, the House is not acting respon- as president and CEO of Interact for
MCCARTHY, just outlined, showed on
sibly to help the American people. Health in Cincinnati.
the floor a little bit ago how the ad-
ministration has been talking about The Biden administration’s policies Through his everyday example, he
the threat of inflation. have led our country into one crisis has lived his motto to ‘‘help people
They initially promised that it would after another: Inflation, high gas help themselves.’’
be transitory. Then chief of staff in- prices, soaring grocery prices, supply Dr. Owens’ life is one devoted to a ca-
sisted that inflation was only a high- chain problems, recession, children left reer of helping people who need it
class problem. And then President behind in school, a record number of most. He often reflects on his dad’s ad-
Biden, blaming everyone except him- deaths from overdoses, vaccine man- vice that ‘‘tomorrow is not promised;’’
self for causing the record-high infla- dates, and people quitting the work- therefore, it is necessary to make a dif-
tion that we see today. force, and an overrun southern border ference today.
With inflation at 9.1 percent; the Fed with 500,000 people known to have got- Dr. Owens, you have made a dif-
raising interest rates again; and now, ten away in the past 10 months. ference in so many lives, mine in-
two consecutive quarters of declining Meanwhile, House Democrats have cluded. Dr. Owens, again, congratula-
GDP, Americans are rightly concerned focused on extreme policies, allowing tions on your well-deserved retirement.
that our economy is now in a recession. abortion up to the moment of birth, Yet, I look forward to seeing what you
It will be interesting to see the White forcing taxpayers to pay for abortions, may do next.
House’s response because, up until now, and attacking the due process and Sec- f
instead of trying to solve the problem, ond Amendment rights of the Amer-
the White House has, instead, in the ican people. DEMOCRATIC AGENDA
previous few days, been trying to alter None of these policies will help hurt- (Mr. LIEU asked and was given per-
dlhill on DSK120RN23PROD with HOUSE
the definition of a recession. ing Michigan families and seniors who mission to address the House for 1
George Orwell warned that the gov- are paying an extra $729 a month be- minute.)
ernment will one day tell you to reject cause of Biden’s record inflation. Mr. LIEU. Madam Speaker, in the
the evidence of your eyes and ears. It is When Republicans led the House, we first 15 months of the Joe Biden Presi-
important that we identify the problem had low inflation, affordable energy, dency, over 8.3 million jobs were cre-
before we can solve it. and a strong economy. ated, the most in U.S. history.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7265
For the last 6 weeks, because of the not constitute a calendar or legislative day tisan negotiations, which I had the
relentless efforts of the White House for purposes of clause 7(c)(1) of rule XXII. privilege of participating in as a mem-
and of Joe Biden to reduce gas prices, SEC. 7. Each day during the period ad- ber of the Conference Committee.
dressed by section 2 of this resolution shall
those gas prices have fallen every day America has always been known as
not constitute a legislative day for purposes
for 6 weeks. That is because Democrats of clause 7 of rule XV. the land of opportunity, creativity, and
are focused on putting people over poli- entrepreneurship. We are the Nation
The SPEAKER pro tempore. The gen-
tics, and we want to lower costs, have that took to the stars and landed a
tleman from New York is recognized
better paying jobs, and safer commu- man on the Moon, the birthplace of
for 1 hour.
nities. transformational inventions like the
What are Republicans focused on? b 1100 internet, and home to some of the
They want to end Social Security; Mr. MORELLE. Madam Speaker, for world’s greatest scientists. Techno-
they are attacking our democracy; and the purpose of debate only, I yield the logical advancement is in our DNA,
they want to criminalize women’s customary 30 minutes to the distin- and we need to continue fostering its
healthcare decisions. guished gentleman from Pennsylvania long-term growth. That is why I am
In fact, just last week, House Repub- (Mr. RESCHENTHALER), pending which I particularly pleased this legislation in-
licans voted ‘‘no’’ on providing access yield myself such time as I may con- cludes steps to enhance regional inno-
to birth control pills. Let me just re- sume. During consideration of this res- vation, which has long been one of my
peat that again. We are in the 21st cen- olution, all time yielded is for the pur- top priorities and opens the doors for
tury, and House Republicans want gov- pose of debate only. limitless potential.
ernment to ban birth control pills. GENERAL LEAVE Federal investment in regional inno-
f Mr. MORELLE. Madam Speaker, I vation hubs will uplift communities
ask unanimous consent that all Mem- across the country that are already
PROVIDING FOR CONSIDERATION bers may have 5 legislative days in leading the way in high-tech advance-
OF SENATE AMENDMENT TO which to revise and extend their re- ments, communities like my home of
HOUSE AMENDMENT TO SENATE marks. Rochester, which is already doing
AMENDMENT TO H.R. 4346, LEGIS- The SPEAKER pro tempore. Is there groundbreaking work in this field.
LATIVE BRANCH APPROPRIA- objection to the request of the gen- No longer will Silicon Valley be the
TIONS ACT, 2022; AND PROVIDING tleman from Pennsylvania? only area synonymous with innova-
FOR PROCEEDINGS DURING THE There was no objection. tion. With this legislation, we are mak-
PERIOD FROM AUGUST 1, 2022, Mr. MORELLE. Madam Speaker, I ing investments in collaboration across
THROUGH SEPTEMBER 12, 2022 yield myself such time as I may con- public, private, education, and civic
Mr. MORELLE. Madam Speaker, by sume. sectors that will be game changers for
direction of the Committee on Rules, I Madam Speaker, yesterday, the communities across the country, trans-
call up House Resolution 1289 and ask Rules Committee met and reported a forming underutilized cities into cru-
for its immediate consideration. rule, House Resolution 1289, providing cibles of America’s global competitive-
The Clerk read the resolution, as fol- for a motion by the chair of the Com- ness.
lows: mittee on Science, Space, and Tech- Furthermore, this legislation ad-
nology to concur in the Senate amend- dresses our deep concern that America
H. RES. 1289
ment to the House amendment to the is losing its competitive edge in semi-
Resolved, That upon adoption of this reso-
Senate amendment to H.R. 4346. It pro- conductor manufacturing, a clear eco-
lution it shall be in order to take from the
Speaker’s table the bill (H.R. 4346) making vides 1 hour of debate equally divided nomic and national security concern.
appropriations for the Legislative Branch for and controlled by the chair and rank- Over the past few years, China has in-
the fiscal year ending September 30, 2022, and ing minority member of the Committee vested more than $150 billion to build
for other purposes, with the Senate amend- on Science, Space, and Technology. their domestic chip manufacturing ca-
ment to the House amendment to the Senate Finally, the rule provides standard pacity, while we have invested nothing.
amendment thereto, and to consider in the floor recess instructions for the August We have fallen behind. But not any-
House, without intervention of any point of more.
order, a motion offered by the chair of the
district work period from August 1 to
September 12. The CHIPS and Science Act will bol-
Committee on Science, Space, and Tech-
nology or her designee that the House concur Madam Speaker, this rule provides ster our domestic supply of semi-
in the Senate amendment to the House for consideration of a historic package conductors, putting us back on pace to
amendment to the Senate amendment. The of long-overdue legislative actions that match China while reducing our reli-
Senate amendment and the motion shall be will strengthen our economy and re- ance on foreign supply chains and low-
considered as read. The motion shall be de- ignite our competitiveness on the glob- ering costs for everyday families.
batable for one hour equally divided and con- al stage. This legislation harnesses the spirit
trolled by the chair and ranking minority Throughout our work in Congress, we of ingenuity that has always guided
member of the Committee on Science, Space, America and turns the page on a new
and Technology or their respective des-
have focused on fighting for and uplift-
ing families, on creating opportunity chapter in our history, one that creates
ignees. The previous question shall be con-
sidered as ordered on the motion to its adop- and setting our community on a path economic opportunity for communities
tion without intervening motion. toward a brighter future. This historic across the country and ensures our Na-
SEC. 2. On any legislative day during the investment will deliver on the promise tion is back on track as the global
period from August 1, 2022, through Sep- of a better tomorrow. leader we have always been.
tember 12, 2022, the Journal of the pro- It means jobs, real jobs, that will I extend a heartfelt thank-you to all
ceedings of the previous day shall be consid- keep families together and ensure our of my colleagues who have helped
ered as approved. make this legislation a reality. It has
children can access the American
SEC. 3. The Speaker may appoint Members been an honor to collaborate with so
to perform the duties of the Chair for the du- Dream.
ration of the period addressed by section 2 of It means lower costs for essential, ev- many leaders, particularly the Honor-
this resolution as though under clause 8(a) of eryday items that will lessen the bur- able Chairwoman JOHNSON of the
rule I. den on families. Science, Space, and Technology Com-
SEC. 4. Each day during the period ad- It means America will strengthen its mittee on regional innovation provi-
dressed by section 2 of this resolution shall competitiveness against countries like sions.
not constitute a calendar day for purposes of China and reestablish its place as the As a member of the USICA-COM-
section 7 of the War Powers Resolution (50 global leader in innovation. PETES conference process, I encoun-
dlhill on DSK120RN23PROD with HOUSE
U.S.C. 1546). It will reaffirm our leadership around tered a strong commitment from fellow
SEC. 5. Each day during the period ad-
the world by strengthening diplomacy, conferees and staff to ensure this final
dressed by section 2 of this resolution shall
not constitute a legislative day for purposes promoting human rights, and bol- package reflects the needs of the entire
of clause 7 of rule XIII. stering economic engagement. country and provides a meaningful
SEC. 6. Each day during the period ad- I am proud that this bill is a result of path forward for innovation and
dressed by section 2 of this resolution shall comprehensive bicameral and bipar- growth.
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H7266 CONGRESSIONAL RECORD — HOUSE July 28, 2022
No legislation is perfect, but this Mr. MORELLE. Madam Speaker, I In addition to bolstering domestic
package sends a clear message to the yield myself such time as I may con- production of semiconductors, this
world that when it comes to our global sume. landmark legislation will authorize
competitiveness, we will set aside our Madam Speaker, let me just reflect more than $81 billion for the National
differences and get the job done. on what my good friend and colleague Science Foundation.
Today, we are taking decisive action on the Rules Committee said about a Crucially, the bill also funds research
to ensure our leadership remains single industry. It is hard to imagine that will yield the cutting-edge clean
strong, our economy remains robust, any industry in the United States—in energy technologies of tomorrow, cut-
and our future remains bright. the world, in fact—that doesn’t utilize ting carbon emissions and helping com-
Yesterday afternoon, this legislation semiconductor chips. It is in every- bat global climate change.
received broad bipartisan support on thing. Chips run everything. Madam Speaker, my district includes
the Senate floor, with 17 Republican Whether it is your cell phone, your much of the Research Triangle, our Na-
Senators voting for final passage. I laptop, or your automobile, it really tion’s largest research park, which is
hope we see similar outcomes when it doesn’t matter. Children’s toys have home to hundreds of companies break-
comes to the House floor. chips in them. The fact is, we have lost ing new ground in medicine, energy,
I encourage my colleagues on both
our competitive edge. That is what this telecommunications, and more.
sides of the aisle to join me in proudly We are also proud of our leading re-
is all about. This affects industry in
supporting this important legislation. I
the United States. search universities like N.C. State Uni-
look forward to seeing it passed in
Take, for example, General Motors versity, HBCUs like Shaw and Saint
short order.
Madam Speaker, I reserve the bal- announcing they have 95,000 auto- Augustine’s, and our State’s largest
ance of my time. mobiles awaiting chips. Do you want to community college, Wake Tech, and we
Mr. RESCHENTHALER. Madam increase the supply of goods to people have a women’s college specializing in
Speaker, I yield myself such time as I and help bring down inflation? This is STEM, Meredith College.
may consume. about increasing the supply of goods Our investments in public-private
Madam Speaker, I thank the distin- all over the United States in every sin- partnerships afforded by the CHIPS
guished gentleman from New York (Mr. gle industry. and Science Act will provide these
MORELLE), my good friend, for yielding In my home in Rochester, New York, North Carolina-based companies and
me the customary 30 minutes, and I where we specialize in optics, centuries educational institutions with unprece-
yield myself such time as I may con- of optics and photonic integrated cir- dented funding and research support.
sume. cuits, everything is involved with Companies in my district, particu-
Madam Speaker, the rule before us chips. We can no longer wait. larly startups, have struggled to cope
today provides for consideration of the By the way, in addition to our eco- with the consequences of the global
CHIPS and Science Act of 2022. After nomic security, our national security semiconductor shortage. To meet that
conference negotiations failed on a depends on this. If you want to not need, this bill includes more than $50
package to counter the malign actions only compete with China economically billion in chips funding, which will
of China, the Senate drafted this legis- but from a national security and de- mitigate current semiconductor supply
lation to send billions of taxpayer dol- fense perspective, we must do this. chain concerns, incentivize domestic
lars in the form of subsidies and tax This isn’t about a single industry; it production, and prevent another chips
credits to a single industry. is about every industry. crisis in the future.
Democrats’ reckless spending poli- It is like saying water is used to I am also pleased that this package
cies led to this record-high inflation drink; water is in everything. We could includes several bipartisan bills I led
that is crushing American families and not be clearer about this. This is about with members of the Science, Space,
small business. The government should our competitiveness on every level, and and Technology Committee, including
not be spending hundreds of billions of it is about the future. the Energizing Technology Transfer
dollars to provide subsidies benefiting It is about our children. It is about Act, a version of the NSF Technology
one industry. our grandchildren. It is about what Research Institutes Act, and the Na-
This legislation comes to the House kind of country we want to have and tional Science and Technology Strat-
just 1 day after Senate Democrats an- what kind of economy we want to have. egy Act.
nounced a deal to tax American manu- Are we going to be in a position to de- These bills will help facilitate the
facturers and energy producers, which fend the United States’ democracy and commercial application of clean energy
will increase the cost to American fam- our interests around the world? technologies by universities and pri-
ilies and worsen our supply chain cri- I appreciate my friend’s comments, vate companies, the development of a
sis.
but I have to say it would be narrow- national science and technology strat-
They also want to hire 87,000 new IRS
agents, and let’s be honest about this. minded to look at this and simply say egy, and investment in research and
Those agents will do nothing more it affects the semiconductor industry traineeship programs for graduate stu-
than target American families and only. It affects everything. dents.
small businesses. Madam Speaker, I yield 3 minutes to The CHIPS and Science Act embodies
They also want to spend $369 billion the gentlewoman from North Carolina the investment needed to empower in-
on their radical, far-left, Green New (Ms. ROSS), my very good friend and novation in North Carolina’s Second
Deal agenda. There can be no doubt another distinguished member of the District and across the United States. I
that this latest iteration of Biden’s Rules Committee. support the rule and the underlying
build back broke agenda will cause in- Ms. ROSS. Madam Speaker, I rise bill.
flation to skyrocket even further. today in support of the CHIPS and Mr. RESCHENTHALER. Madam
The Biden administration is deflect- Science Act. Our Nation has long been Speaker, I yield myself such time as I
ing on our Nation’s recession. They are a global leader in science and tech- may consume.
classifying Biden’s economic crisis as a nology, but we cannot afford to take Madam Speaker, I don’t disagree that
‘‘transition’’ to slower growth. While that position for granted. these chips are important to the U.S.
they are doubling down on their disas- Our global standing rests not just on economy and many manufacturers.
trous policies, they are devastating ev- the ingenuity of our people but also on What I take issue with is the fact that
eryday Americans. our government’s bipartisan commit- we are putting even more money, bil-
It is time my colleagues across the ment to supporting innovation. lions of dollars, into an economy that
aisle abandon their socialist pipe At this moment of unprecedented is already suffering from record-high
dlhill on DSK120RN23PROD with HOUSE
dream and actually work with Repub- international competition, we urgently inflation.
licans to get our economy back on need an unprecedented investment in It is unsettled whether this will even
track. the groundbreaking research that pow- make a difference. It can be argued
Madam Speaker, I, therefore, urge ers America’s economic growth. That that chips were already going to come
my colleagues to oppose this rule, and is why the CHIPS and Science Act is so back anyhow, and it is not just me say-
I reserve the balance of my time. timely and so important. ing it. I have an article right here from
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The Economist, not exactly a right- So which is it? Is it a stimulant or a on foreign competitors for a critical
wing publication. It was published on depressant? part of our supply chain?
10 July of this year. ‘‘When the chips As a medical professional, I will tell Do we want to put our national secu-
are way down: After a turbocharged you, if you combine those two activi- rity in jeopardy because those things
boom, are chipmakers in for a supersize ties, you are going to end up with which we need to be safe and secure are
bust?’’ That is the headline. something that is just goofy. But then dependent upon foreign supply chains?
It goes on, saying: ‘‘Surging supply on top of that, there are tax increases I don’t think so. I don’t think that is
and softening demand are bringing the at a time of recession. what the American public wants. And,
pandemic’s superstar industry back to Even the Obama administration in frankly, I am glad to have this debate
Earth.’’ 2009 and 2010 said, we can’t undo the because I think it shows a divide. I
My question is: If this industry is al- Bush tax cuts, we have got to continue think it shows a contrast between what
ready coming back, if it is already as the Bush tax cuts that they had long we want to do to invest in not only this
important as we think it is, why do we hoped to undo because they could not generation but next generations.
need to inject billions of dollars into raise taxes during a recession. And yet There are also a couple of other ob-
the economy that is just going to fur- now we have the other body poised, ba- servations I will make. One is about
ther the economic crisis we are already sically, with their Green New Deal to just market forces and just allowing
in? tax America back into the stone age. things to happen according to the mar-
I know my colleague from North I agree that semiconductors are a ket. While working on this bill—I
Carolina was talking about how to spur critical component of likely everything talked a lot earlier, and I will continue
research and development. I can tell we use, but we cannot put our fiscal fu- to talk about regional innovation, but
you how to do it: You cut taxes. You ture in further jeopardy, especially I also want to talk about Federal in-
cut regulations. when this funding will benefit one spe- vestment, two points.
If you look at the TCJA, this was a cific industry. I am also concerned that The first I would make is: R&D in-
huge win for U.S. research and invest- the time required to ramp up the semi- vestment by the United States Govern-
ment: 25 percent higher than in the conductor production will be late in ment has fallen to 0.61 percent of U.S.
years prior, reaching an all-time high trying to alleviate current supply GDP. That is the lowest mark since the
in 2019 of $584 billion and 3 percent of chain constraints. As my friend from 1950s. At one point we were investing
GDP. Pennsylvania just pointed out, when nearly 2 percent of GDP in research
If you want to stimulate the econ- and development.
this industry self-corrects, the likeli-
omy, you can do it by reducing taxes What came out of things like our in-
hood is there will be too many.
and reducing regulation, not by pick- vestments in the space program are
Rather than provide funding to large
ing winners and losers. material sciences and advances, ad-
corporations, many of whom are al-
To talk more about this point, I yield vances in telecommunications, ad-
ready undertaking significant develop-
3 minutes to the gentleman from the vances in weather satellites, advances
ment efforts, let’s incentivize competi-
great State of Texas (Mr. BURGESS), my in so many different things, even fuel
tiveness in all industries and continue
good friend and fellow Rules Com- cell development. All those things
to promote research and development came out of an R&D investment which
mittee member. and not raise taxes during a recession. we haven’t kept pace with.
b 1115 Mr. MORELLE. Madam Speaker, I We talk about our competitiveness
Mr. BURGESS. Madam Speaker, this yield myself such time as I may con- with China. This is vital to our na-
morning we are here to talk about the sume. tional interest. I can’t think of many
rule for the CHIPS Act to provide $76 Madam Speaker, I am a little sur- things that are more vital to our na-
billion for semiconductor manufac- prised by the conversation here, it is as tional interest over the next several
turing and authorizing $200 billion over though we don’t recognize the impor- decades.
10 years for research and innovation tance of semiconductors and the entire When you look at where we are mak-
programs. semiconductor supply chain to lit- ing those investments, right now, if
Now, according to a long-term budget erally every activity we are involved you are privileged to live in one of the
outlook released by the Congressional in. Whether transportation, as I have five innovation hubs—such as Boston;
Budget Office just yesterday, our na- already mentioned, or communications the Silicon Valley; in Seattle, Wash-
tional debt sits at $24 trillion and will or medical devices or our satellite ington; in Austin, Texas—those areas
rise to $138 trillion over the next three technology, literally every single thing account for about 90 percent of private
decades. That is equivalent to $370,000 we do depends on it. investment, and venture capitalists
for every man, woman, and child in the The notion that we should somehow will spend in those areas.
United States. Our mandatory spend- stand pat and allow other nations to But what about the rest of the coun-
ing over the same period would grow invest and to build their supply chains try?
from just over $4 trillion per year to to me is hard to accept, hard to under- I live in a place, Rochester, New
over $18 trillion per year. The CHIPS stand, hard to process. If we do nothing York, which is home to the Rochester
Act includes billions in new mandatory over the next decade, China will be pro- Institute of Technology and the Uni-
spending and billions more that is au- ducing about 40 percent of semicon- versity of Rochester, both great re-
thorized for appropriation. ductor chips worldwide, the United search facilities. There was a book re-
We are experiencing the highest in- States about 6 percent. If we want to cently written, ‘‘Jump-Starting Amer-
flation in 40 years with multiple inter- put our reliance in the hands of foreign ica’’ by Simon Johnson and Jonathan
est rate hikes. It has been widely re- suppliers and foreign supply chains, I Gruber, two MIT economists. They
ported that the Federal Reserve hiked guess we can do nothing. But we need rated 130 different communities across
interest rates again and with the state- to invest, and that is why this bill is the country that are falling behind, de-
ment that they have no choice but to critical. That is why I suspect it re- spite the fact that they have great in-
try to slow the economy in order to ceived the support of 17 Republican novation ecosystems, but they lack in-
tame this inflationary pressure. Senators on the Senate floor yester- vestment.
And then here is the ironic part of all day. This is critical. The public investment which we are
that, the CHIPS bill also is the key As I said earlier, China is investing talking about making through our re-
that unlocks the door for getting the $150 billion in their semiconductor sup- gional innovation hubs will drive pri-
long-stalled Build Back Better Act ply chain, and this is not just chips; it vate investment because private in-
going over in the United States Senate. is chips, it is substrates, it is pack- vestment will partner with the invest-
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And what does that do? aging, it is assembly. It is the whole ments being made by the U.S. Govern-
It provides billions of additional dol- thing. Anytime there is a gap in a sup- ment in our innovation, in our entre-
lars of stimulus spending in the econ- ply chain, we rely on those who fill preneurship, in advancing our interests
omy. But the Federal Reserve said they that gap for us. for the long term.
have no choice but to slow the econ- Do we want to be in a position where We have to do this. This isn’t some-
omy. our economic fortunes are dependent thing that we could decide to wait a
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H7268 CONGRESSIONAL RECORD — HOUSE July 28, 2022
year or two years. This is an invest- tution, acknowledged we are in a reces- billion investment from Taiwan Semi-
ment we must make now. We have fall- sion, but it seems, again, my col- conductor. Down the street I have
en behind, and we can no longer afford leagues across the aisle have forgotten Intel, I think they are spending $18 bil-
to fall further behind. basic economics. lion. It is coming.
Our economic interests, our national House Republicans want to set the But the brain trust around here is we
security interests are intimately tied record straight. That is why if we de- are going to do industrial policy. We
together, and that is why this legisla- feat the previous question, I will per- are going to control the money. It will
tion is so vital, and that is why I hope sonally offer an amendment to the rule be great for fund-raising. And the con-
we will have strong bipartisan support to immediately consider House Resolu- cept, once again, is we have politicized
when the bill comes to the floor. tion 1290, a resolution affirming the everything. Think of now the debate
Madam Speaker, I reserve the bal- longstanding definition of a recession. we have had the last couple days, is
ance of my time. Madam Speaker, I ask unanimous two quarters of negative GDP, well,
Mr. RESCHENTHALER. Madam consent to insert the text of my that is not a recession. Okay, tech-
Speaker, I yield myself such time as I amendment into the RECORD along nically it might not be because the def-
may consume. with any extraneous materials imme- inition of recession now is a committee
Madam Speaker, just a point of clari- diately prior to the vote on the pre- that is politicized.
fication. This is just an authorization. vious question. Could we at least have some bench-
We will still wait a year anyhow to ap- The SPEAKER pro tempore (Mrs. marks here in Congress, here in Wash-
propriate these funds, so trying to act LEE of Nevada). Is there objection to ington that we know what the rules
like we have a gun to our head right the request of the gentleman from are? I don’t mean your type of rules. I
now and this is a do-or-die moment is Pennsylvania? mean the rules for society, the rules
completely illusory. Again, this is just There was no objection. for tax policy, the rules for how we al-
an authorization. Mr. RESCHENTHALER. Madam locate capital, because you are offering
Additionally, I agree with my friend Speaker, I yield 5 minutes to the gen- right now functionally $400 billion of
from New York on two points. Number tleman from Arizona (Mr. subsidies, controls, management, and
one, we have got to be competitive SCHWEIKERT), my good friend and the industrial policy, government.
with China. sponsor of this resolution, to explain Why don’t you just nationalize the
Number two, the semiconductor the amendment. chip industry because you are pretty
chips are important for the economy. Mr. SCHWEIKERT. Madam Speaker, much heading that direction.
But the way to compete with China I have got to tell you, being on the This is a simple amendment. In some
is not to emulate the policies of a Com- Ways and Means Committee and never ways, it is actually very symbolic of we
munist police state. The way to com- actually engaging in some of your can’t even agree anymore on what a re-
pete with China is to unleash the Rules debate, you guys are really po- cession is.
American economy, to get back to our lite with each other. Okay, fine. Let’s just make it a rule
Western roots of free-market cap- But here’s a simple question: What instead of making it a committee of in-
italism. If we want to bring more busi- are the two times in life you think you dividuals that get to express their
nesses onshore, if we want to fix our know everything? opinion and their feelings.
supply chain crisis, we can start by re- When you turn 13 years old and the I would love to actually offer some-
ducing the burdensome regulations day after you get elected to Congress. thing more complex. Maybe we should
that are crippling American businesses. I am going to argue the arrogance of go back to the old misery index debates
We can reduce our income tax and our this place right now doing a piece of of how many people can’t afford living
corporate income tax to make us more legislation like this. Why is this bill, anymore. You do realize the inflation
competitive globally, and we can do the underlying bill, the underlying rule from just the last 12 months, my con-
something to make sure we have cheap, here so dangerous? And why this reso- stituents—I represent the highest in-
reliable, abundant energy resources, lution actually fits this. flation in the Nation—get to work
such as exploiting our natural gas re- Basically, the underlying bill is in- about 6 weeks without compensation.
serves and perhaps investing in nuclear dustrial policy. Let’s face it, some of The purchasing power of their lives has
power. the scoring is saying this is $400 bil- crashed so much, they now work a
But to sit here and say that we are lion, and it is the politicization func- month-and-a-half for free.
going to compete with China by doing tionally of a category of incredibly im- b 1130
what the Chinese do and having some portant industry, grants that you saw These are the brilliant policies this
bureaucratic monster in D.C. pick win- the President a couple days ago talk place has brought. It is time we actu-
ners and losers for a particular indus- about—now you are going to have to ally start to set some benchmarks on
try is not a winning proposition. come in front of me. what the rules are.
What will beat China and keep us Do you understand how dangerous Simple amendment. Just saying, hey,
competitive with China is getting back that is for an economy? That arrogance we will call it a recession when we have
to what made this country great in the of the political class thinking you un- two consecutive quarters, and we can
first place, and again that is free-mar- derstand what the next disruption is. stop the politicization of everything
ket capitalism. The controlling of intellect, the con- here in Washington.
Let’s talk about inflation because, trolling of taking risk. Mr. MORELLE. Madam Speaker, I
again, this is going to put billions of If you actually gave a darn about yield myself such time as I may con-
dollars into the economy, which will American competitiveness, of where sume.
make this situation worse. Americans chips—and who knows, quantum, and I will admit that I am a little mys-
are facing the highest inflation in over all the other possibilities of data man- tified about what I am hearing here, so
40 years. This is literally the worst in- agement, data movement, of proc- let me try to unpack a lot of what I
flation in my lifetime. This morning essing—are going, you would fix the just heard.
we learned that GDP has decreased for Tax Code, you would fix the regulatory In the first instance, a number of my
a second quarter in a row. code. colleagues have repeatedly suggested
Yet, the Treasury Secretary wants to If you care about China, deal with that regular order in the House is for
downplay Biden’s economic crisis by the made-in-America tax, the fact that the authorization of legislation and
redefining recession, which for decades they refund the VAT; and when we ex- then appropriators identify how much
recession has been defined as two quar- port, they put the VAT back on, and it money can be spent on those things au-
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ters of negative economic growth. In- makes us not competitive. thorized under law.
stead, Secretary Yellen and the leftists You also now have to deal with the That is exactly what we are doing
across the aisle want to play Orwellian reality, when The Economist is writing here today. We are authorizing much
and change the definition to ‘‘a period articles that we are heading toward a under the CHIPS legislation. That is
of transition.’’ Even the extreme lib- glut of chips. Look, I am from Arizona. the way we do regular order. It is iden-
eral think tank, The Brookings Insti- On the side of my district, I have a $16 tifying those things that we authorize
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7269
and then identifying the dollars nec- want to make sure our economy is back to what defined a recession and
essary to meet that authorization. strong now and in the future. We want what has defined a recession for dec-
But let me just read from the actual to make sure our national defense is ades.
report on the bill: Division A, CHIPS strong, that the American public is Democrats have to stop playing
Act of 2022, Section 101, Short Title: protected, that democracy is protected games, playing games with misin-
This Act may be cited as the CHIPS across the world. And that is what we formation and disinformation. Now, we
Act of 2022. Section 102, Creating Help- are doing. That is what our partners in have got another game being played
ful Incentives to Produce Semiconduc- the Senate are doing. They want to de- with this rule today.
tors for America Fund, the CHIPS fine what a recession is. That is their This is a rule, as my good friend from
fund. In order to support the rapid im- plan. New York talked about, that is going
plementation of the semiconductor I would ask America: Should we stop to allow a bill to come to the floor that
provisions included in the fiscal year what we are doing? Should we put an has some very good bipartisan provi-
2021 National Defense Authorization end to our desire to make sure we are sions. I think many Republicans would
Act, the NDAA, this division would competitive on the world stage? Should support a lot of the provisions in this
provide $52.7 billion in emergency sup- we not protect America’s economic in- CHIPS bill.
plemental appropriations. terests? Should we not protect Amer- The problem is, why in the world
This bill has nearly $53 billion in- ica’s national security interests? And does the majority have to continue to
cluded in it, $50 billion allocated over 5 we should define in the House of Rep- play games instead of actually working
years for the CHIPS for America Fund. resentatives what a recession is? That with us and doing anything in a bipar-
I could go on and list it, but this is is what we want to do? That is their tisan manner?
exactly what we are talking about: Au- plan? Tucked into this rule is a provision
thorization to move forward over the I think most Americans watching that will completely eviscerate the in-
next several years to strengthen Amer- would be scratching their heads. I tent of a rule that was negotiated in a
ican competitiveness in the world. think they would wonder why is it peo- bipartisan way by Republicans and
By the way, it is not just all of the ple don’t want to make us competitive Democrats that if a Member of Con-
industries I talked about. Try to order here in the House of Representatives. gress was able to secure 290 cosponsors
a refrigerator without a chip in it or a Well, we do. The majority—and I sus- on a bill, he or she would have then
microwave oven or a dishwasher or a pect a fair number of their colleagues been given the right, as a Member of
TV or a laptop or a cell phone or—I are going to vote for this, too, because this institution, to have that bill de-
could go on and on all day. There isn’t they know it is good for America, and bated and voted on, on the floor of the
a consumer device, there is not an elec- they know it is good for the future, for House of Representatives.
tronic device—even farm equipment. not only my generation, but my chil- I remember Democrats and Repub-
Everything we use has chips in it. We dren’s generation, my grandchildren’s licans standing up and touting this
are falling behind the Chinese and oth- generation, and generations to come. provision, that this is going to bring
ers, and we are relying on foreign in- Madam Speaker, I reserve the bal- power back to every Member of Con-
vestment and foreign supply chain. ance of my time. gress. Until today—until today when
I can’t imagine something more Mr. RESCHENTHALER. Madam the Rules Committee decides to turn
American than passing this bill. This is Speaker, I yield myself such time as I this provision off, to deny the 294 co-
vital to our national interest. This is may consume. sponsors of the Social Security Fair-
one of the most vital things we will do. Just to clarify, this is not an either/ ness Act that is in place because all 294
So we are following in the way that or choice here. If we defeat the pre- of us want fairness for our retired
we are supposed to: authorization, ap- vious question, we can consider the res- teachers, our retired firefighters, and
propriation. But there are emergency olution of my good friend from Arizona our retired police officers. They are
appropriations of over $50 billion to to actually define recession, and then turning off this rule for one reason and
move not just one industry forward, we can take up the underlying bill. one reason only, to not have a vote on
but to move all industries forward, to Again, this is a false choice saying it is the floor like they promised us they
move our economic and our national one or the other. We can do both. would do.
security interests forward together. People may ask, Why is it necessary We followed their rules. And what did
By the way, just so if people tune in to define recession? It is necessary be- Democrats do? They changed the rules
and wonder, What is this all about? Let cause the party across the aisle are in the process.
me just say all the things I just men- trying to redefine recession. But I Do you want Republicans to vote for
tioned, $50 billion in emergency appro- shouldn’t be surprised. Because remem- legislation in a bipartisan way when
priations, the desire and the need and ber, this is the same party that tried to you play games like this? Well, don’t
the will of the American people, as rep- tell us that women are now known as be surprised when there are a lot of
resented by the Senate and the House, birthing people. It is the party that all noes popping up on the board today for
to move forward on economic and na- during the summer of 2020 told us that a piece of legislation that I think a lot
tional security interests. violent rioting and looting was mostly of Republicans would normally sup-
We should put that all aside, my peaceful protesting. Now they are try- port.
friends are suggesting, and don’t do ing to tell us that a recession, which It is games like this that hurt the re-
any of that today. So we are not going has been defined for decades as two tirees the most. Democrats for decades
to authorize; we are not going to spend consecutive quarters of negative GDP have promised retired teachers, fire-
money; we are not going to move our- growth, that that is now called a fighters, police officers, and other pub-
selves forward from an economic secu- transitionary period. lic employees—they promised those in-
rity and a national security perspec- So it is an absolute necessity that we dividuals that they would do some-
tive. define recession so that we have clarity thing to fix these egregious provisions,
This is what they would like us to do in language. the Government Pension Offset and the
instead, and I am reading from their Madam Speaker, I yield 3 minutes to Windfall Elimination Provision in the
bill, the thing they just said we should the gentleman from Illinois (Mr. ROD- Social Security Code.
do instead of doing all the things I just NEY DAVIS), my good friend and the This is their shot—this is your shot,
mentioned: resolve that it is the sense ranking member on the Committee on Madam Speaker, to get the major-
of the House of Representatives that House Administration. ity——
two consecutive quarters of negative Mr. RODNEY DAVIS of Illinois. The SPEAKER pro tempore. The
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growth in gross domestic product con- Madam Speaker, I thank my good time of the gentleman has expired.
stitutes a recession. That is what they friend Mr. RESCHENTHALER from Penn- Mr. RESCHENTHALER. Madam
would like to do. sylvania for yielding. He is right that Speaker, I yield an additional 1 minute
We would like to move America for- it is disinformation. It is to the gentleman from Illinois.
ward. We would like to build a supply disinformation. We should defeat the Mr. RODNEY DAVIS of Illinois.
chain that works for all Americans. We previous question so that we can go Madam Speaker, this is the majority’s
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H7270 CONGRESSIONAL RECORD — HOUSE July 28, 2022
shot to live up to the promises the bill when it comes to the floor as it did logical development and manufac-
Democrats have made for decades to in the Senate just yesterday. turing that will strengthen our posi-
those who have been begging for a solu- Madam Speaker, I reserve the bal- tion in a global economy. The bill ex-
tion. All you have got to do is take this ance of my time. pands the successful Manufacturing
rule back, remove this turn-off provi- Mr. RESCHENTHALER. Madam U.S.A. program by creating new inno-
sion, allow the consensus calendar to Speaker, I yield 2 minutes to the gen- vation hubs and helps ensure we have
continue as it was intended to continue tleman from Illinois (Mr. RODNEY the right Federal policy in place to
when this rule change was negotiated. DAVIS) for the purpose of a rebuttal. support the research and development
If I was a bipartisan member of the Mr. RODNEY DAVIS of Illinois. of emerging technologies. I was proud
Problem Solvers Caucus, I would be Madam Speaker, I have the utmost re- to be a part of this effort, and I urge
coming to the floor screaming. What I spect for my friend and colleague from our House colleagues to get this bill to
want to do is I want every single co- New York, but he is dead wrong in the the President’s desk.’’
sponsor of H.R. 82, the Social Security information and advice that he got SHELLEY MOORE CAPITO, a Republican
Fairness Act, to consider—all 293 oth- from the Committee on Rules. from West Virginia said this: ‘‘America
ers besides me—I want you to consider The sheer fact that this so-called can never be replaced as the global eco-
voting against this rule. Because if turn-off provision is nonchalantly just nomic and innovation leader. Winning
they can turn this off and they can used as—well, it wasn’t part of the con- the future means making the necessary
change the rules midgame, then why sensus process, but let’s pound our investments to address issues like the
celebrate a bipartisan success story chest and say we created the consensus microchip shortage, prepare the next
that was put in place in 2019? Stop calendar process to begin with, so we generation of workers in science and
playing politics. are great. Well, when you disrupt the technology fields, and keep up with our
Madam Speaker, Members of the ma- consensus process, you are not great. competitors, including China. This leg-
jority, quit playing games, vote down You are actually changing the rules islation not only bets on American in-
this rule, and change this provision. midgame. genuity, but it also authorizes funding
Mr. MORELLE. Madam Speaker, I Really, here is the kicker: There is that can be utilized by our institutions
yield myself such time as I may con- talk about us having to come back to of higher education . . .’’
sume. do a few votes while we are in the How about TODD YOUNG, a Repub-
I do worry sometimes that the public midst of August. The way this rule is lican from Indiana: ‘‘It’s time to go on
sometimes doesn’t understand what is written, those days won’t even count the offensive, and that is exactly what
being said here. It is curious that my toward the consensus calendar. this legislation, which has gone by
distinguished friend, the gentleman Rest assured, there is no other reason many names—from the Endless Fron-
from Illinois, would scream about the that the Democrats and the majority tier Act to the U.S. Innovation and
consensus calendar. Competition Act to CHIPS-Plus—will
on the Committee on Rules are doing
Let me just be clear, folks back do . . .’’ ‘‘This bill will unleash private
this than to stop the progress of actu-
home. We created the consensus cal- sector innovation while significantly
ally addressing the Social Security
endar. It didn’t exist in the past. The boosting Federal national security in-
Fairness Act.
Democrats created it to try to create vestments. It’s been a long journey to
We have 294 cosponsors. We played by
more bipartisanship. What we are get to this point, but history will show
the rules. Democrats changed the rules
doing here is simply pausing, as we that by passing this bill, we are con-
midgame. And you trust this majority
have done on both sides when both fronting the challenges of today and
to actually put a bill together that is
sides were in the majority—pausing building a prosperous and secure to-
going to stop China from dominating
during the August district work period. morrow for all Americans.’’
the chip production industry in the ROB PORTMAN, a Republican from
This is something that I just find fas- globe when they play games like this?
cinating. We didn’t even have a con- Ohio: ‘‘Today’s passage of the CHIPS
That is what the American people are Act is critical in the effort to bring
sensus calendar when Republicans were sick and tired of. That is why that is
in charge. We are pausing it for the semiconductor manufacturing back to
an outgoing majority. That is why we the United States, protect our national
next 6 weeks. I appreciate the distin- are going to have a new majority. It is security, and create thousands of high-
guished gentleman, but I want to as- games like this that have to stop being paying jobs in Ohio. I was proud to help
sure the American public that what played when you talk about bipartisan- lead efforts in the Senate to pass this
they should be focused on is the work ship, but you don’t actually govern in a legislation and ensure that Intel’s
we should be doing today, the work bipartisan way. planned semiconductor plant in central
that is actually getting done to
strengthen our resolve around the b 1145 Ohio remains on track and reaches its
Today is another shining example of full potential. I urge the House to act
world, to strengthen our economic po-
quick on this bipartisan legislation so
sition, to build jobs for families across that. Again, 294 cosponsors. We play by
the President can sign it into law, and
America, to aid consumer electronics your rules, we play by the majority’s
I look forward to attending the
and business electronics, and all the provisions, and you change the rules
groundbreaking for this trans-
things that we want to do around quan- midgame. I certainly hope our umpires
formational project in the coming
tum computing and quantum commu- tonight at the Congressional Baseball
months.’’
nications, and taking American inge- Game are better at actually codifying The reviews keep coming, and they
nuity, American innovation, which has the rules that exist. are all positive. We have got to move
been the hallmark of our growth as a Mr. MORELLE. Madam Speaker, this today in the House. We have got to
Nation for two centuries, and doubling while I have just a moment, I want to get it to the President’s desk. We have
down and saying we are not going to share with those who tuned in some not a moment to lose in the race for
stand aside and let others take a lead- comments about the underlying bill for America’s future and to make sure
ership position in this world. this rule. ‘‘This funding will help kick- that we are secure for generations to
America is going to stand up. We are start domestic production of these come.
going to do what we have always done. semiconductors in a way that will pre- Madam Speaker, I reserve the bal-
We are going to invest in smart people; vent a vulnerability of our supply ance of my time.
we are going to build our economic fu- chain . . .’’ ‘‘One other benefit to this Mr. RESCHENTHALER. Madam
ture; and we are going to build our na- bill is that this bill could create rough- Speaker, I am prepared to close, and I
tional security future. It starts here ly 185,000 jobs every year as these new yield myself the balance of my time.
dlhill on DSK120RN23PROD with HOUSE
today. That is what we should keep our facilities are constructed.’’ That was Madam Speaker, my good friend from
eyes on. said by JOHN CORNYN from Texas yes- New York was talking about jobs and
Everyone should pay attention. This terday on the floor of the U.S. Senate. the promise of more jobs with this act.
is what we are doing. I am expecting From ROY BLUNT, a Republican Sen- We have heard this before. The Amer-
and hoping that we are going to have a ator from Missouri said: ‘‘This bill in- ican Rescue Plan. We sat here and de-
substantially bipartisan vote on this cludes targeted investments in techno- bated that, and we were told by the
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7271
leftists across the aisle that this was Mr. MORELLE. Madam Speaker, I Clause 1(c) of rule XIX shall not apply to the
going to create 4 million new jobs. You yield myself the balance of my time. consideration of House Resolution 1290.
know what didn’t happen? We didn’t I thank my great friend and col- Mr. MORELLE. Madam Speaker, I
create 4 million new jobs. And that is league for the opportunity to engage in yield back the balance of my time, and
not me saying that. That is a study a thoughtful conversation about issues I move the previous question on the
from the American Enterprise Insti- where we may agree and we may dis- resolution.
tute, which found that the American agree, but I always appreciate him. The SPEAKER pro tempore. The
Rescue Plan failed to create any of the I would just note, though, that all question is on ordering the previous
4 million new jobs that Big Govern- the conversations I have had over the question.
ment Democrats had promised. last many, many months about Amer- The question was taken; and the
While we are talking about stats and ican competitiveness has largely been Speaker pro tempore announced that
figures, let’s put a real cost to the in- with my chamber of commerce, with the ayes appeared to have it.
flation and the pain that is being in- business leaders, CEOs of companies Mr. RESCHENTHALER. Madam
flicted on the American people by in- who are desperate that we continue to Speaker, on that I demand the yeas
jecting billions of dollars into the move forward in repairing the chal- and nays.
economy. So let’s put real numbers on lenges of our microelectronic supply The yeas and nays were ordered.
it. Inflation will cost the average chain. I haven’t heard from any Social- The SPEAKER pro tempore. Pursu-
American household more than $6,000 a ists about it. They may have different ant to clause 9 of rule XX, the Chair
year. That is so high that if you have communication with people, but I have will reduce to 5 minutes the minimum
had a constant salary for the last year, heard from the business community; I time for any electronic vote on the
you have essentially worked for more have heard from economic drivers; I question of adoption of the resolution.
than a month without pay. have heard from innovators; I have
The vote was taken by electronic de-
So, let me ask this: If you are sitting heard from entrepreneurs about the
vice, and there were—yeas 218, nays
here watching at home, could you take need to make this go.
208, not voting 4, as follows:
one paycheck from this year, one pay- Madam Speaker, I want to, first of
check, and just throw it out the win- all, thank my colleagues who have spo- [Roll No. 402]
dow? Probably not. ken in support of the rule. I want to YEAS—218
Now, if you are part of the coastal thank those who have put this bill be- Adams Escobar Manning
elite and the woke, yuppie, Zoom class fore us. Support for this rule showcases Aguilar Eshoo Matsui
Allred Espaillat McBath
that is the base of the Democratic a commitment to American leadership Auchincloss Evans McCollum
Party, you might be able to afford in research, manufacturing, and inno- Axne Fletcher McEachin
that. You might just go to two Pilates vation for decades to come. It show- Barragán Foster McGovern
cases a commitment to lowering costs Bass Frankel, Lois McNerney
classes a week instead of four. You Beatty Gallego Meeks
may not take that second trip to Eu- for families, creating job opportunities, Bera Garamendi Meng
rope. You may scale back at Whole and building long-term economic sta- Beyer Garcı́a (IL) Mfume
Foods. You have that luxury if you are bility that will uplift families across Bishop (GA) Garcia (TX) Moore (WI)
Blumenauer Golden Morelle
part of the woke Democratic base. But this country. It showcases a commit- Blunt Rochester Gomez Moulton
if you are somebody in Pittsburgh who ment to investing in regional innova- Bonamici Gonzalez, Mrvan
is a retired steel worker that is on a tion and leveraging the significant un- Bourdeaux Vicente Murphy (FL)
tapped potential that so many commu- Bowman Gottheimer Nadler
fixed income, this hurts you. You don’t Boyle, Brendan Green, Al (TX) Napolitano
have that disposable income. If you are nities hold, including my own in Roch- F. Grijalva Neal
a natural gas driller in Oklahoma that ester, New York. Brown (MD) Harder (CA) Neguse
has to drive to a drill site every day to We can’t afford to wait any longer to Brown (OH) Hayes Newman
Brownley Higgins (NY) Norcross
actually produce something, you have make these critical investments. We Bush Himes O’Halleran
to fill your tank with gas. You don’t must join our colleagues in the Senate Bustos Horsford Ocasio-Cortez
have the option to sit at home and pre- and show the American people we are Butterfield Houlahan Omar
committed to taking on China and re- Carbajal Hoyer Pallone
tend you are working on Zoom. If you Cárdenas Huffman Panetta
are a woman that has to drive, for ex- establishing our place on the global Carson Jackson Lee Pappas
ample, to a diner to work a shift, you stage as a force to be reckoned with. Carter (LA) Jacobs (CA) Pascrell
don’t have the luxury of not doing This is a pivotal moment in our Na- Cartwright Jayapal Payne
tion’s history. We must meet it head- Case Jeffries Perlmutter
that. You have to bear the burden of Casten Johnson (GA) Peters
the inflation; again, the inflation that on and deliver investments that will Castor (FL) Johnson (TX) Phillips
is being caused by the radical left poli- ensure every family in every commu- Castro (TX) Jones Pingree
nity has the opportunity to achieve the Cherfilus- Kahele Pocan
cies of the Democratic Party. McCormick Kaptur Porter
Yet, despite this real economic pain, American Dream. This legislation will Chu Keating Pressley
Democrats continue to want to put bil- do just that. Cicilline Kelly (IL) Price (NC)
lions of dollars in the economy, bil- Madam Speaker, I urge a ‘‘yes’’ vote Clark (MA) Khanna Quigley
on the rule and the previous question. Clarke (NY) Kildee Raskin
lions in corporate handouts. They want Cleaver Kilmer Rice (NY)
to undo Republican tax cuts and poli- The text of the material previously Clyburn Kim (NJ) Ross
cies that actually led to the lowest un- referred to by Mr. RESCHENTHALER is as Cohen Kind Roybal-Allard
employment rates we have had in 50 follows: Connolly Kirkpatrick Ruiz
AMENDMENT TO HOUSE RESOLUTION 1289 Cooper Krishnamoorthi Ruppersberger
years. Correa Kuster Rush
So, rather than forcing Americans to At the end of the resolution, add the fol- Costa Lamb Ryan
pay for their radical socialist agenda, lowing: Courtney Langevin Sánchez
SEC. 8. Immediately upon adoption of this Craig Larsen (WA) Sarbanes
my colleagues across the aisle should
resolution, the House shall proceed to the Crist Larson (CT) Scanlon
use the time to work with Republicans consideration in the House of the resolution Crow Lawrence Schiff
on policies that American families will (H. Res. 1290) expressing the sense of the Cuellar Lawson (FL) Schneider
benefit from and allow American com- House of Representatives that two consecu- Davids (KS) Lee (CA) Schrader
Davis, Danny K. Lee (NV) Schrier
panies to actually compete in a global tive quarters of negative growth in gross do- Dean Leger Fernandez Scott (VA)
economy. And we can do that all sim- mestic product, as reported by the Bureau of DeFazio Levin (CA) Scott, David
ply by reducing regulation and reduc- Economic Analysis, constitutes a recession. DeGette Levin (MI) Sewell
ing taxation. And how about we un- The resolution shall be considered as read. DeLauro Lieu Sherman
dlhill on DSK120RN23PROD with HOUSE
The previous question shall be considered as DelBene Lofgren Sherrill
leash our domestic energy supply? Demings Lowenthal Sires
ordered on the resolution and preamble to
So I urge my colleagues to vote ‘‘no’’ adoption without intervening motion or de- DeSaulnier Luria Slotkin
on the previous question and ‘‘no’’ on Deutch Lynch Smith (WA)
mand for division of the question except one Dingell Malinowski Soto
the rule. hour of debate equally divided and controlled Doggett Maloney, Spanberger
Madam Speaker, I yield back the bal- by the chair and ranking minority member Doyle, Michael Carolyn B. Speier
ance of my time of the Committee on Oversight and Reform. F. Maloney, Sean Stansbury
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H7272 CONGRESSIONAL RECORD — HOUSE July 28, 2022
Stanton Tonko Wasserman MEMBERS RECORDED PURSUANT TO HOUSE Pingree Schrier Titus
Stevens Torres (CA) Schultz RESOLUTION 8, 117TH CONGRESS Pocan Scott (VA) Tlaib
Strickland Torres (NY) Waters Porter Scott, David Tonko
Suozzi Watson Coleman Babin (Weber DeSaulnier Moore (WI)
Trahan Pressley Sewell Torres (CA)
Swalwell Welch (TX)) (Beyer) (Beyer)
Trone Price (NC) Sherman Torres (NY)
Takano Wexton Bass (Neguse) Evans (Beyer) Rice (SC)
Underwood Gosar (Gaetz) Quigley Sherrill Trahan
Thompson (CA) Wild Blumenauer (Meijer)
Vargas Green (TN) Raskin Sires Trone
Thompson (MS) Williams (GA) (Beyer) Ruppersberger
Veasey (Fleischmann) Rice (NY) Slotkin Underwood
Titus Wilson (FL) Bourdeaux (Trone)
Velázquez Guthrie (Barr) Ross Smith (WA) Vargas
Tlaib Yarmuth (Correa) Rush (Bishop
Huffman Roybal-Allard Soto Veasey
Boyle, Brendan (GA))
(Neguse) Ruiz Spanberger Velázquez
NAYS—208 F. (Neguse) Sires (Pallone)
Ruppersberger Speier Wasserman
Jones (Beyer)
Aderholt Brown (MD) Stevens (Kuster)
Garbarino Miller (WV) Joyce (PA) Rush Stansbury Schultz
Allen Garcia (CA) Miller-Meeks (Trone) Stewart
(Keller) Ryan Stanton Waters
Amodei Gibbs Moolenaar Bush (Bowman) (Crawford)
Kahele (Correa) Sánchez Stevens Watson Coleman
Armstrong Gimenez Mooney Carter (LA) Kirkpatrick Taylor (Weber
Sarbanes Strickland Welch
Arrington Gohmert Moore (AL) (Neguse) (Pallone) (TX))
Scanlon Suozzi Wexton
Babin Gonzales, Tony Moore (UT) Carter (TX) Levin (MI) Thompson (CA)
Schakowsky Swalwell Wild
Bacon Gonzalez (OH) Mullin (Weber (TX)) (Correa) (Beyer)
Schiff Takano Williams (GA)
Baird Good (VA) Murphy (NC) Cherfilus- McBath (Bishop Vargas (Correa)
Schneider Thompson (CA) Wilson (FL)
Balderson Gooden (TX) Nehls McCormick (GA)) Walorski (Banks)
Schrader Thompson (MS) Yarmuth
Banks Gosar Newhouse (Neguse) McNerney Williams (GA)
Barr Granger Norman Crist (Pallone) (Neguse)
Bentz Graves (LA) Obernolte (Wasserman Meeks Wilson (SC) (Nor- NAYS—208
Bergman Graves (MO) Owens Schultz) (Velázquez) man) Allen Gibbs Miller (WV)
Bice (OK) Green (TN) Palazzo Amodei Gimenez Miller-Meeks
Biggs Greene (GA) Palmer The SPEAKER pro tempore (Mr. Armstrong Gohmert Moolenaar
Bilirakis Griffith
Bishop (NC) Grothman
Pence MRVAN). The question is on the resolu- Arrington Golden Mooney
Perry Babin Gonzales, Tony Moore (AL)
Boebert Guest Pfluger
tion. Bacon Gonzalez (OH) Moore (UT)
Bost Guthrie Posey The question was taken; and the Baird Good (VA) Mullin
Brady Harris Reschenthaler Speaker pro tempore announced that Balderson Gooden (TX) Murphy (NC)
Brooks Harshbarger Rice (SC) Banks Gosar
Buchanan Hern the ayes appeared to have it. Nehls
Rodgers (WA) Barr Granger Newhouse
Buck Herrell Rogers (AL) Mr. RESCHENTHALER. Mr. Speak- Bentz Graves (LA) Norman
Bucshon Herrera Beutler Rogers (KY) er, on that I demand the yeas and nays. Bergman Graves (MO) Obernolte
Budd Hice (GA)
Burchett Higgins (LA)
Rose The yeas and nays were ordered. Bice (OK) Green (TN) Owens
Rosendale Biggs Greene (GA) Palazzo
Burgess Hill Rouzer
This will be a 5-minute vote. Bilirakis Griffith Palmer
Calvert Hinson Roy The vote was taken by electronic de- Bishop (NC) Grothman Pence
Cammack Hudson
Carey Huizenga
Rutherford vice, and there were—yeas 216, nays Boebert Guest Perry
Salazar 208, not voting 6, as follows: Bost Guthrie Pfluger
Carl Issa
Scalise Brady Harris Posey
Carter (GA) Jackson [Roll No. 403]
Schweikert Brooks Harshbarger Reschenthaler
Carter (TX) Jacobs (NY)
Scott, Austin YEAS—216 Buchanan Hern Rice (SC)
Cawthorn Johnson (LA)
Sessions Buck Herrell Rodgers (WA)
Chabot Johnson (OH) Adams Dean Kuster
Simpson Bucshon Herrera Beutler Rogers (AL)
Cheney Johnson (SD) Aguilar DeFazio Lamb
Smith (MO) Budd Hice (GA) Rogers (KY)
Cline Jordan Allred DeGette Langevin
Smith (NE) Burchett Higgins (LA) Rose
Cloud Joyce (OH) Auchincloss DeLauro Larsen (WA)
Smith (NJ) Burgess Hill Rosendale
Clyde Joyce (PA) Axne DelBene Larson (CT)
Smucker Calvert Hinson Rouzer
Cole Katko Barragán Demings Lawrence
Spartz Cammack Hollingsworth Roy
Comer Keller Bass DeSaulnier Lawson (FL)
Stauber Carey Hudson
Conway Kelly (MS) Beatty Deutch Lee (CA) Rutherford
Steel Carl Huizenga
Crawford Kelly (PA) Bera Dingell Lee (NV) Salazar
Stefanik Carter (GA) Issa
Crenshaw Kim (CA) Beyer Doggett Leger Fernandez Scalise
Steil Carter (TX) Jackson
Curtis Kustoff Bishop (GA) Doyle, Michael Levin (CA) Schweikert
Steube Cawthorn Jacobs (NY)
Davidson LaHood Blumenauer F. Levin (MI) Scott, Austin
Stewart Chabot Johnson (LA)
Davis, Rodney LaMalfa Blunt Rochester Escobar Lieu Sessions
Taylor Cheney Johnson (OH)
DesJarlais Lamborn Bonamici Eshoo Lofgren Simpson
Tenney Cline Johnson (SD)
Diaz-Balart Latta Bourdeaux Espaillat Lowenthal Smith (MO)
Thompson (PA) Cloud Jordan
Donalds LaTurner Bowman Evans Luria Smith (NE)
Tiffany Clyde Joyce (OH)
Duncan Lesko Boyle, Brendan Fletcher Lynch Smith (NJ)
Timmons Cole Joyce (PA)
Dunn Letlow F. Foster Malinowski Smucker
Turner Comer Katko
Ellzey Long Brown (MD) Gallego Maloney, Spartz
Upton Conway Keller
Emmer Loudermilk Brown (OH) Garamendi Carolyn B. Stauber
Valadao Crawford Kelly (MS)
Estes Lucas Brownley Garcı́a (IL) Maloney, Sean Steel
Van Drew Crenshaw Kelly (PA)
Fallon Luetkemeyer Bush Garcia (TX) Manning Stefanik
Van Duyne Davidson Kim (CA)
Feenstra Mace Bustos Gomez Matsui Steil
Wagner Davis, Rodney Kustoff
Ferguson Malliotakis Butterfield Gonzalez, McBath Steube
Walberg DesJarlais LaHood
Fischbach Mann Carbajal Vicente McCollum Stewart
Walorski Diaz-Balart LaMalfa
Fitzgerald Massie Cárdenas Gottheimer McEachin Taylor
Waltz Donalds Lamborn
Fitzpatrick Mast Carson Green, Al (TX) McGovern Tenney
Duncan Latta
Fleischmann McCarthy Weber (TX) Carter (LA) Grijalva McNerney Thompson (PA)
Dunn LaTurner
Flood McCaul Webster (FL) Cartwright Harder (CA) Meeks Tiffany
Ellzey Lesko
Flores McClain Wenstrup Case Hayes Meng Timmons
Emmer Letlow
Foxx McClintock Westerman Casten Higgins (NY) Mfume Turner
Estes Long
Franklin, C. McHenry Williams (TX) Castor (FL) Himes Moore (WI) Upton
Fallon Loudermilk
Scott McKinley Wilson (SC) Castro (TX) Horsford Morelle Valadao
Feenstra Lucas
Fulcher Meijer Wittman Cherfilus- Houlahan Moulton Van Drew
Ferguson Luetkemeyer
Gaetz Meuser Womack McCormick Hoyer Mrvan Van Duyne
Fischbach Mace
Gallagher Miller (IL) Zeldin Chu Huffman Murphy (FL) Wagner
Fitzgerald Malliotakis
Cicilline Jackson Lee Nadler Fitzpatrick Mann Walberg
NOT VOTING—4 Clark (MA) Jacobs (CA) Napolitano Fleischmann Massie Walorski
Clarke (NY) Jayapal Neal Flood Mast Waltz
Hartzler Kinzinger
Cleaver Jeffries Neguse Flores McCarthy Weber (TX)
Hollingsworth Schakowsky
Clyburn Johnson (GA) Newman Foxx McCaul Webster (FL)
Cohen Johnson (TX) Norcross Franklin, C. McClain Wenstrup
b 1241 Connolly Jones O’Halleran Scott McClintock Westerman
Cooper Kahele Ocasio-Cortez Fulcher McHenry Williams (TX)
Correa Kaptur Omar Gaetz McKinley Wilson (SC)
Mr. BOST, Mrs. FLORES, and Mr.
dlhill on DSK120RN23PROD with HOUSE
Costa Keating Pallone Gallagher Meijer Wittman
GARCÍA of California changed their Courtney Kelly (IL) Panetta Garbarino Meuser Womack
vote from ‘‘yea’’ to ‘‘nay.’’ Craig Kildee Pappas Garcia (CA) Miller (IL) Zeldin
Crist Kilmer Pascrell
So the previous question was ordered. Crow Kim (NJ) Payne
Cuellar Kind Perlmutter
NOT VOTING—6
The result of the vote was announced Davids (KS) Kirkpatrick Peters Aderholt Frankel, Lois Khanna
as above recorded. Davis, Danny K. Krishnamoorthi Phillips Curtis Hartzler Kinzinger
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7273
b 1253 DIVISION B—RESEARCH AND INNOVATION Sec. 10252. Update to Hollings Manufacturing
Sec. 10000. Table of contents. Extension Partnership.
So the resolution was agreed to. Sec. 10253. National Supply Chain Database.
Sec. 10001. Short title.
The result of the vote was announced Sec. 10002. Definitions. Sec. 10254. Hollings Manufacturing Extension
as above recorded. Sec. 10003. Budgetary effects. Partnership activities.
A motion to reconsider was laid on TITLE I—DEPARTMENT OF ENERGY Sec. 10255. Amendment to the Hollings Manu-
the table. SCIENCE FOR THE FUTURE facturing Extension Partnership
Stated for: Sec. 10101. Mission of the Office of Science. relating to institutions of higher
Ms. LOIS FRANKEL of Florida. Mr. Speak- Sec. 10102. Basic energy sciences program. education.
er, had I been present, I would have voted Sec. 10103. Biological and environmental re- Subtitle E—Manufacturing USA Program
‘‘yea’’ on rollcall No. 403. search. Sec. 10261. Supporting geographic diversity.
Sec. 10104. Advanced scientific computing re- Sec. 10262. Expanding opportunities through
MEMBERS RECORDED PURSUANT TO HOUSE search program.
RESOLUTION 8, 117TH CONGRESS
the Manufacturing USA Program.
Sec. 10105. Fusion energy research. Sec. 10263. Promoting domestic production of
Babin (Weber Evans (Beyer) Moore (WI) Sec. 10106. High energy physics program.
technologies developed under
(TX)) Gosar (Gaetz) (Beyer) Sec. 10107. Nuclear physics program.
Bass (Neguse) Rice (SC) Sec. 10108. Science laboratories infrastructure Manufacturing USA Program.
Green (TN)
Blumenauer (Fleischmann) (Meijer) program. TITLE III—NATIONAL SCIENCE
(Beyer) Guthrie (Barr) Ruppersberger Sec. 10109. Accelerator research and develop- FOUNDATION FOR THE FUTURE
Bourdeaux Huffman (Trone) ment. Subtitle A—Preliminary Matters
(Correa) (Neguse) Rush (Bishop
Sec. 10110. Isotope research, development, and
Boyle, Brendan Jones (Beyer) (GA)) Sec. 10301. Sense of Congress.
F. (Neguse) Sires (Pallone) production.
Joyce (PA) Sec. 10302. Definitions.
Bush (Bowman) Stevens (Kuster) Sec. 10111. Increased collaboration with teach-
(Keller) Sec. 10303. Authorization of appropriations.
Carter (LA) Stewart ers and scientists.
Kahele (Correa) Sec. 10112. High intensity laser research initia- Subtitle B—STEM Education
(Neguse) (Crawford)
Kirkpatrick
Carter (TX) Taylor (Weber tive; helium conservation pro- Sec. 10311. PreK–12 STEM education.
(Weber (TX)) (Pallone) (TX))
Levin (MI)
gram; Office of Science emerging Sec. 10312. Undergraduate STEM education.
Cherfilus- Thompson (CA) biological threat preparedness re-
(Correa) Sec. 10313. Graduate STEM education.
McCormick (Beyer)
McBath (Bishop search initiative; midscale instru- Sec. 10314. STEM workforce data.
(Neguse) Vargas (Correa)
Crist (GA)) Walorski (Banks) mentation and research equip- Sec. 10315. Cyber workforce development re-
(Wasserman McNerney Williams (GA) ment program; authorization of search and development.
Schultz) (Pallone) (Neguse) appropriations. Sec. 10316. Federal cyber scholarship-for-service
DeSaulnier Meeks Wilson (SC) Sec. 10113. Established program to stimulate program.
(Beyer) (Velázquez) (Norman) competitive research. Sec. 10317. Cybersecurity workforce data initia-
f Sec. 10114. Research security. tive.
TITLE II—NATIONAL INSTITUTE OF Sec. 10318. Microelectronics workforce develop-
MESSAGE FROM THE PRESIDENT STANDARDS AND TECHNOLOGY FOR THE ment activities.
A message in writing from the Presi- FUTURE Sec. 10319. Incorporation of art and design into
dent of the United States was commu- Sec. 10201. Definitions. certain STEM education.
Subtitle A—Authorization of Appropriations Sec. 10320. Mandatory cost-sharing.
nicated to the House by Mr. Adrian
Sec. 10321. Programs to address the STEM
Swann, one of his secretaries. Sec. 10211. Authorization of appropriations. workforce.
f Subtitle B—Measurement Research
Subtitle C—Broadening Participation
Sec. 10221. Engineering biology and bio-
LEGISLATIVE BRANCH Sec. 10321. Presidential awards for excellence in
metrology.
APPROPRIATIONS ACT, 2022 Sec. 10222. Greenhouse gas measurement re- mathematics and science.
search. Sec. 10322. Robert Noyce Teacher Scholarship
Ms. JOHNSON of Texas. Mr. Speaker, program update.
Sec. 10223. NIST authority for cybersecurity
pursuant to House Resolution 1289, I and privacy activities. Sec. 10323. NSF Eddie Bernice Johnson IN-
call up the bill (H.R. 4346) making ap- Sec. 10224. Software security and authentica- CLUDES Initiative.
propriations for Legislative Branch for tion. Sec. 10324. Broadening participation on major
the fiscal year ending September 30, Sec. 10225. Digital identity management re- facilities awards.
2022, and for other purposes, with the search. Sec. 10325. Expanding geographic and institu-
Sec. 10226. Biometrics research and testing. tional diversity in research.
Senate amendment to the House
Sec. 10227. Federal biometric performance Sec. 10326. Diversity in tech research.
amendment to the Senate amendment standards. Sec. 10327. Chief Diversity Officer of the NSF.
thereto, and ask for its immediate con- Sec. 10228. Protecting research from cybersecu- Sec. 10328. Research and dissemination to in-
sideration. rity theft. crease the participation of women
The Clerk read the title of the bill. Sec. 10229. Dissemination of resources for re- and underrepresented minorities
The SPEAKER pro tempore. The search institutions. in STEM fields.
Clerk will designate the Senate amend- Sec. 10230. Advanced communications research. Sec. 10329. Activities to expand STEM opportu-
Sec. 10231. Neutron scattering. nities.
ment to the House amendment to the Sec. 10232. Artificial intelligence. Sec. 10330. Intramural emerging research insti-
Senate amendment. Sec. 10233. Sustainable chemistry research and tutions pilot program.
Senate amendment to the House education.
Sec. 10234. Premise plumbing research. Subtitle D—NSF Research Security
amendment to the Senate amendment:
Sec. 10235. Dr. David Satcher Cybersecurity Sec. 10331. Office of Research Security and Pol-
In lieu of the matter proposed to be in-
Education Grant Program. icy.
serted by the amendment of the House to the
Subtitle C—General Activities Sec. 10332. Chief of Research Security.
amendment of the Senate, insert the fol-
Sec. 10333. Reporting to Congress.
lowing: Sec. 10241. Educational outreach and support
Sec. 10334. Online resource.
SECTION 1. TABLE OF CONTENTS. for underrepresented communities.
Sec. 10242. Other transactions authority. Sec. 10335. Research awards.
The table of contents for this Act is as follows: Sec. 10336. Authorities.
Sec. 10243. Report to Congress on collaborations
Sec. 1. Table of contents. with government agencies. Sec. 10337. Responsible conduct in research
Sec. 2. References. Sec. 10244. Hiring critical technical experts. training.
DIVISION A—CHIPS ACT OF 2022 Sec. 10245. International standards develop- Sec. 10338. Research security and integrity in-
ment. formation sharing analysis orga-
Sec. 101. Short title.
Sec. 10246. Standard technical update. nization.
Sec. 102. Creating helpful incentives to produce
Sec. 10247. GAO study of NIST research secu- Sec. 10339. Plan with respect to controlled in-
semiconductors (CHIPS) for Amer-
rity policies and protocols. formation and background screen-
ica fund.
Sec. 10248. Standards development organization ing.
Sec. 103. Semiconductor incentives.
grants. Sec. 10339A. Foundation funding to institutions
dlhill on DSK120RN23PROD with HOUSE
Sec. 104. Opportunity and inclusion.
Subtitle D—Hollings Manufacturing Extension hosting or supporting Confucius
Sec. 105. Additional GAO reporting require-
Partnership Institutes.
ments.
Sec. 10339B. Foreign financial support.
Sec. 106. Appropriations for wireless supply Sec. 10251. Establishment of expansion awards
Sec. 10339C. Authorization of appropriations.
chain innovation. pilot program as a part of the
Sec. 107. Advanced manufacturing investment Hollings Manufacturing Exten- Subtitle E—Fundamental Research
credit. sion Partnership. Sec. 10341. Broader impacts.
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H7274 CONGRESSIONAL RECORD — HOUSE July 28, 2022
Sec. 10342. Sense of Congress. Sec. 10406. Agency activities. Sec. 10637. Nondiscrimination.
Sec. 10343. Research ethics. Sec. 10407. Rule of construction. Sec. 10638. Definitions.
Sec. 10344. Research reproducibility and TITLE V—BROADENING PARTICIPATION IN Subtitle E—Coastal and Ocean Acidification
replicability. SCIENCE Research and Innovation
Sec. 10345. Climate change research. Sec. 10641. Short title.
Sec. 10346. Social, behavioral, and economic Subtitle A—STEM Opportunities
Sec. 10642. Purposes.
sciences. Sec. 10501. Federal research agency policies for
Sec. 10643. Definitions.
Sec. 10347. Measuring impacts of Federally caregivers. Sec. 10644. Interagency working group.
funded research and development. Sec. 10502. Collection and reporting of data on Sec. 10645. Strategic research plan.
Sec. 10348. Food-energy-water research. federal research awards. Sec. 10646. NOAA ocean acidification activities.
Sec. 10349. Biological Field Stations and Ma- Sec. 10503. Policies for review of Federal re- Sec. 10647. NSF ocean acidification activities.
rine Laboratories. search awards. Sec. 10648. NASA ocean acidification activities.
Sec. 10350. Sustainable chemistry research and Sec. 10504. Collection of data on demographics Sec. 10649. Authorization of appropriations.
education. of faculty. Subtitle F—Interagency Working Group
Sec. 10351. Risk and resilience research. Sec. 10505. Cultural and institutional barriers
Sec. 10651. Interagency working group.
Sec. 10352. Unmanned aircraft systems tech- to expanding the academic and
nologies. Federal STEM workforce. Subtitle G—Quantum Networking and
Sec. 10353. Accelerating unmanned maritime Sec. 10506. Existing activities. Communications
systems technologies. Sec. 10507. Report to Congress. Sec. 10661. Quantum networking and commu-
Sec. 10354. Leveraging international expertise Sec. 10508. Merit review. nications.
in research. Sec. 10509. Determination of budgetary effects. Subtitle H—Blockchain Specialist
Sec. 10355. Biological research collections. Sec. 10510. Definition. Sec. 10671. Establishment of blockchain and
Sec. 10356. Clean water research and tech- Subtitle B—Rural STEM Education Research cryptocurrency specialist position
nology acceleration. Sec. 10511. Definition. within OSTP.
Sec. 10357. Technology and behavioral science Sec. 10512. National Science Foundation rural
research. Subtitle I—Partnerships for Energy Security
STEM activities. and Innovation
Sec. 10358. Manufacturing research amend- Sec. 10513. Opportunities for online education.
ment. Sec. 10691. Foundation for Energy Security and
Sec. 10514. National Academies evaluation. Innovation.
Sec. 10359. Critical minerals mining research Sec. 10515. GAO review.
and development. Sec. 10516. NIST engagement with rural commu- Subtitle J—Energizing Technology Transfer
Sec. 10360. Study of AI research capacity. nities. Sec. 10701. Definitions.
Sec. 10361. Advancing IoT for Precision Agri-
Subtitle C—MSI STEM Achievement PART 1—NATIONAL CLEAN ENERGY TECHNOLOGY
culture Capabilities Act.
TRANSFER PROGRAMS
Sec. 10362. Astronomy and satellite constella- Sec. 10521. GAO review.
tions. Sec. 10522. Agency responsibilities. Sec. 10713. National clean energy incubator
Sec. 10363. Research on the impact of inflation. Sec. 10523. Research at the National Science program.
Sec. 10364. Microgravity utilization policy. Foundation. Sec. 10714. Clean energy technology university
Sec. 10365. Recognition of the Arecibo Observ- Sec. 10524. Capacity-building program for de- prize competition.
atory. veloping universities. Sec. 10715. Clean energy technology transfer co-
Sec. 10525. Tribal Colleges and Universities pro- ordination.
Subtitle F—Research Infrastructure
gram. PART 2—SUPPORTING TECHNOLOGY
Sec. 10371. Facility operation and maintenance. DEVELOPMENT AT THE NATIONAL LABORATORIES
Sec. 10526. Definitions.
Sec. 10372. Reviews.
Sec. 10373. Helium conservation. Subtitle D—Combating Sexual Harassment in Sec. 10716. Lab partnering service pilot pro-
Sec. 10374. Advanced computing. Science gram.
Sec. 10375. National secure data service. Sec. 10531. Findings. Sec. 10717. Lab-embedded entrepreneurship pro-
Sec. 10532. Purpose. gram.
Subtitle G—Directorate for Technology, Sec. 10718. Small business voucher program.
Innovation, and Partnerships Sec. 10533. Definition.
Sec. 10719. Entrepreneurial leave program.
Sec. 10534. Research awards.
Sec. 10381. Establishment. Sec. 10720. National Laboratory non-Federal
Sec. 10535. Responsible Conduct Guide.
Sec. 10382. Purposes. employee outside employment au-
Sec. 10536. Interagency working group.
Sec. 10383. Activities. thority.
Sec. 10537. National Academies assessment.
Sec. 10384. Requirements. PART 3—DEPARTMENT OF ENERGY
Sec. 10538. GAO study.
Sec. 10385. Assistant Director. MODERNIZATION
Sec. 10539. Authorization of appropriations.
Sec. 10386. Advisory committee.
TITLE VI—MISCELLANEOUS SCIENCE AND Sec. 10722. Office of Technology Transitions.
Sec. 10387. Challenges and focus areas. Sec. 10723. Management of Department of En-
Sec. 10388. Regional Innovation Engines. TECHNOLOGY PROVISIONS
ergy demonstration projects.
Sec. 10389. Translation accelerator. Subtitle A—Supporting Early-career Sec. 10724. Streamlining prize competitions.
Sec. 10390. Test beds. Researchers Sec. 10725. Cost-share waiver extension.
Sec. 10391. Planning and capacity building Sec. 10601. Early-career research fellowship Sec. 10726. Special hiring authority for sci-
awards. program. entific, engineering, and project
Sec. 10392. Entrepreneurial fellowships. Sec. 10602. Authorization of appropriations. management personnel.
Sec. 10393. Scholarships and fellowships. Sec. 10727. Technology transfer reports and
Subtitle B—National Science and Technology
Sec. 10394. Research and development awards. evaluation.
Sec. 10395. Scaling innovations in PreK–12 Strategy
Sec. 10611. National science and technology Subtitle K—Micro Act
STEM education.
Sec. 10396. Authorities. strategy. Sec. 10731. Microelectronics research for energy
Sec. 10397. Coordination of activities. Sec. 10612. Strategy and report on the Nation’s innovation.
Sec. 10398. Ethical, legal, and societal consider- economic security, science, re- Subtitle L—National Nuclear University
ations. search, and innovation to support Research Infrastructure Reinvestment
Sec. 10399. Reports and roadmaps. the national security strategy. Sec. 10741. Short title.
Sec. 10399A. Evaluation. Sec. 10613. Quadrennial science and technology Sec. 10742. Purposes.
Subtitle H—Administrative Amendments review. Sec. 10743. University infrastructure collabora-
Sec. 10399D. Supporting veterans in STEM ca- Subtitle C—Regional Innovation tion.
reers. Sec. 10621. Regional innovation capacity. Sec. 10744. Advanced nuclear research infra-
Sec. 10399E. Sunshine Act compliance. Sec. 10622. Regional Clean Energy Innovation structure enhancement subpro-
Sec. 10399F. Science and engineering indicators Program. gram.
report submission. Sec. 10745. Science education and human re-
Subtitle D—Research Security sources scholarships, fellowships,
TITLE IV—BIOECONOMY RESEARCH AND Sec. 10631. Requirements for foreign talent re- and research and development
DEVELOPMENT cruitment programs. projects.
Sec. 10401. Definitions. Sec. 10632. Malign foreign talent recruitment Subtitle M—Steel Upgrading Partnerships and
Sec. 10402. National engineering biology re- program prohibition. Emissions Reduction
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search and development initiative. Sec. 10633. Review of contracts and agreements.
Sec. 10403. Initiative coordination. Sec. 10634. Research security training require- Sec. 10751. Low-emissions steel manufacturing
Sec. 10404. Advisory committee on engineering ment for Federal research award research program.
biology research and development. personnel. Subtitle N—Applied Laboratories Infrastructure
Sec. 10405. External review of ethical, legal, en- Sec. 10635. Research funds accounting. Restoration and Modernization
vironmental, safety, security, and Sec. 10636. Person or entity of concern prohibi- Sec. 10761. Applied laboratories infrastructure
societal issues. tion. restoration and modernization.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7275
Subtitle O—Department of Energy Research, 9904 of Public Law 116–283 shall remain avail- (i) for fiscal years 2022 and 2023, not later
Development, and Demonstration Activities able until September 30, 2025. than 60 days after the date of enactment of this
Sec. 10771. Department of Energy research, de- (2) APPROPRIATION.— Act; and
velopment, and demonstration ac- (A) In addition to amounts otherwise avail- (ii) for each subsequent fiscal year through
tivities. able for such purposes, there is appropriated to 2026, as part of the annual budget submission of
the Fund established in subsection (a)(1), out of the President under section 1105(a) of title 31,
Subtitle P—Fission for the Future
amounts in the Treasury not otherwise appro- United States Code.
Sec. 10781. Advanced nuclear technologies Fed- priated— (B) ALTERNATE ALLOCATION.—
eral research, development, and (i) for fiscal year 2022, $24,000,000,000, to re- (i) IN GENERAL.—The Committees on Appro-
demonstration program. main available until expended, of which priations of the House of Representatives and
TITLE VII—NATIONAL AERONAUTICS AND $19,000,000,000 shall be for section 9902 of Public the Senate may provide for alternate allocation
SPACE ADMINISTRATION AUTHORIZA- Law 116–283, $2,000,000,000 shall be for sub- of amounts made available under subsection
TION ACT section (c) of section 9906 of Public Law 116–283, (a)(2), including by account, program, and
$2,500,000,000 shall be for subsection (d) of sec- project.
Sec. 10801. Short title.
tion 9906 of Public Law 116–283, and $500,000,000 (ii) ALLOCATION BY PRESIDENT.—
Sec. 10802. Definitions. (I) NO ALTERNATE ALLOCATIONS.—If Congress
Subtitle A—Exploration shall be for subsections (e) and (f) of section
has not enacted legislation establishing alter-
9906 of Public Law 116–283;
Sec. 10811. Moon to Mars. nate allocations, including by account, pro-
(ii) for fiscal year 2023, $7,000,000,000 to re-
Sec. 10812. Space Launch System configura- gram, and project, by the date on which the Act
main available until expended, of which
tions. making full-year appropriations for the Depart-
$5,000,000,000 shall be for section 9902 of Public
Sec. 10813. Rocket engine test infrastructure. ments of Commerce and Justice, Science, and
Law 116–283 and $2,000,000,000 shall be for sub-
Sec. 10814. Pearl River maintenance. Related Agencies for the applicable fiscal year is
sections (c), (d), (e), and (f) of section 9906 of
Sec. 10815. Extension and modification relating enacted into law, only then shall amounts made
Public Law 116–283;
to International Space Station. available under subsection (a)(2) be allocated by
(iii) for fiscal year 2024, $6,300,000,000, to re-
Sec. 10816. Priorities for International Space the President or apportioned or allotted by ac-
main available until expended, of which
Station. count, program, and project pursuant to title 31,
$5,000,000,000 shall be for section 9902 of Public
Sec. 10817. Technical amendments relating to United States Code.
Law 116–283 and $1,300,000,000 shall be for sub- (II) INSUFFICIENT ALTERNATE ALLOCATION.—If
Artemis missions.
sections (c), (d), (e), and (f) of section 9906 of Congress enacts legislation establishing alter-
Subtitle B—Science Public Law 116–283; nate allocations, including by account, pro-
Sec. 10821. Science priorities. (iv) for fiscal year 2025, $6,100,000,000, to re- gram, and project, for amounts made available
Sec. 10822. Search for life. main available until expended, of which under subsection (a)(2) that are less than the
Sec. 10823. Next generation of astrophysics $5,000,000,000 shall be for section 9902 of Public full amount appropriated under that subsection,
great observatories. Law 116–283 and $1,100,000,000 shall be for sub- the difference between the amount appropriated
Sec. 10824. Earth science missions and pro- sections (c), (d), (e), and (f) of section 9906 of and the alternate allocation shall be allocated
grams. Public Law 116–283; and by the President and apportioned and allotted
Sec. 10825. Planetary Defense Coordination Of- (v) for fiscal year 2026, $6,600,000,000, to re- by account, program, and project pursuant to
fice. main available until expended, of which title 31, United States Code.
Subtitle C—Aeronautics $5,000,000,000 shall be for section 9902 of Public (b) CHIPS FOR AMERICA DEFENSE FUND.—
Sec. 10831. Experimental aircraft projects. Law 116– 283 and $1,600,000,000 shall be for sub- (1) ESTABLISHMENT.—There is established in
Sec. 10832. Unmanned aircraft systems. sections (c), (d), (e), and (f) of section 9906 of the Treasury of the United States a fund to be
Sec. 10833. Cleaner, quieter airplanes. Public Law 116–283. known as the ‘‘Creating Helpful Incentives to
(B) DIRECT LOANS AND LOAN GUARANTEES.— Produce Semiconductors (CHIPS) for America
Subtitle D—Space Technology The Secretary of Commerce may use— Defense Fund’’ (referred to in this subsection as
Sec. 10841. Space nuclear capabilities. (i) up to $6,000,000,000 of the amounts made the ‘‘Fund’’) to provide for those requirements
Sec. 10842. Prioritization of low-enriched ura- available for fiscal year 2022 for section 9902 of that are necessary to carry out section 9903(b) of
nium technology. Public Law 116–283 for the cost of direct loans the William M. (Mac) Thornberry National De-
Subtitle E—STEM Engagement and loan guarantees, as authorized by section fense Authorization Act for Fiscal Year 2021 (15
Sec. 10851. Office of STEM Engagement. 9902 of Public Law 116–283, provided that— U.S.C. 4653(b)). Amounts in the Fund shall be
(I) such costs, including the cost of modifying transferred to and merged with accounts within
Subtitle F—Miscellaneous such loans and loan guarantees shall be as de- the Department of Defense to be used for such
Sec. 10861. Program, workforce, and industrial fined in section 502 of the Congressional Budget purposes. Amounts in the Fund or transferred to
base reviews. Act of 1974; and and merged with accounts within the Depart-
Sec. 10862. Modification of lease of non-excess (II) these funds are available to subsidize ment of Defense may not be used for construc-
property. gross obligations for the principal amount of di- tion of facilities.
DIVISION C—SUPPLEMENTAL APPROPRIA- rect loans and total loan principal, any part of (2) APPROPRIATION.—In addition to amounts
TIONS TO ADDRESS THREATS TO THE which is to be guaranteed, not to exceed otherwise available for such purposes, there is
SUPREME COURT OF THE UNITED $75,000,000,000; appropriated to the Fund established in sub-
STATES (ii) up to 2 percent of the amounts made avail- section (b)(1), out of amounts in the Treasury
SEC. 2. REFERENCES. able in each fiscal year for salaries and ex- not otherwise appropriated—
penses, administration, and oversight purposes (A) for fiscal year 2023, $400,000,000, to remain
Except as expressly provided otherwise, any
to carry out sections 9902 and 9906 of Public available until September 30, 2023;
reference to ‘‘this Act’’ contained in any divi- (B) for fiscal year 2024, $400,000,000, to remain
sion of this Act shall be treated as referring only Law 116–283, of which $5,000,000 in each of fis-
cal years 2022 through 2026 shall be transferred available until September 30, 2024;
to the provisions of that division. (C) for fiscal year 2025, $400,000,000, to remain
to the Office of Inspector General of the Depart-
DIVISION A—CHIPS ACT OF 2022 ment of Commerce to oversee expenditures from available until September 30, 2025;
SEC. 101. SHORT TITLE. the Fund; and (D) for fiscal year 2026, $400,000,000, to remain
This division may be cited as the ‘‘CHIPS Act (iii) up to $2,300,000 of the amounts made available until September 30, 2026; and
(E) for fiscal year 2027, $400,000,000, to remain
of 2022’’. available in fiscal year 2022 to carry out section
available until September 30, 2027.
SEC. 102. CREATING HELPFUL INCENTIVES TO 9904 of Public Law 116–283.
(3) ALLOCATION AUTHORITY.—
PRODUCE SEMICONDUCTORS (3) ASSISTANCE FOR MATURE TECHNOLOGY (A) SUBMISSION OF COST ESTIMATES.—The
(CHIPS) FOR AMERICA FUND. NODES.—Of the amount available in fiscal year
President shall submit to Congress detailed ac-
(a) CHIPS FOR AMERICA FUND.— 2022 to implement section 9902 of the William M. count, program element, and project allocations
(1) ESTABLISHMENT.—There is established in (Mac) Thornberry National Defense Authoriza- of the full amount made available under sub-
the Treasury of the United States a fund to be tion Act for Fiscal Year 2021 (15 U.S.C. 4652), section (b)(2)—
known as the ‘‘Creating Helpful Incentives to $2,000,000,000 shall be to provide Federal finan- (i) for fiscal year 2023, not later than 60 days
Produce Semiconductors (CHIPS) for America cial assistance to covered entities to incentivize after the date of enactment of this Act; and
Fund’’ (referred to in this subsection as the investment in facilities and equipment in the (ii) for each subsequent fiscal year through
‘‘Fund’’) for the Secretary of Commerce to carry United States for the fabrication, assembly, test- 2027, as part of the annual budget submission of
out sections 9902, 9904, and 9906 of the William ing, or packaging of semiconductors at mature the President under section 1105(a) of title 31,
M. (Mac) Thornberry National Defense Author- technology nodes under subsection (e) of that United States Code.
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ization Act for Fiscal Year 2021 (15 U.S.C. 4652, section, as added by section 103 of this Act. (B) ALTERNATE ALLOCATION.—
4654, and 4656; Public Law 116–283). Amounts in (4) ALLOCATION AUTHORITY.— (i) IN GENERAL.—The Committees on Appro-
the Fund to carry out sections 9904 and 9906 of (A) SUBMISSION OF COST ESTIMATES.—The priations of the House of Representatives and
Public Law 116–283 shall be transferred to and President shall submit to Congress detailed ac- the Senate may provide for alternate allocation
merged with accounts within the Department of count, program, and project allocations of the of amounts made available under subsection
Commerce to be used for such purposes, except full amount made available under subsection (b)(2), including by account, program element,
that amounts transferred to carry out section (a)(2)— and project.
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H7276 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(ii) ALLOCATION BY PRESIDENT.— (B) ALTERNATE ALLOCATION.— the President or apportioned or allotted by ac-
(I) NO ALTERNATE ALLOCATIONS.—If Congress (i) IN GENERAL.—The Committees on Appro- count, program, and project pursuant to title 31,
has not enacted legislation establishing alter- priations of the House of Representatives and United States Code.
nate allocations, including by account, program the Senate may provide for alternate allocation (II) INSUFFICIENT ALTERNATE ALLOCATION.—If
element, and project, by the date on which the of amounts made available under subsection Congress enacts legislation establishing alter-
Act making full-year appropriations for the De- (c)(2), including by account, program, project, nate allocations, including by account, pro-
partment of Defense for the applicable fiscal and activity. gram, and project, for amounts made available
year is enacted into law, only then shall (ii) ALLOCATION BY PRESIDENT.— under subsection (d)(2) that are less than the
amounts made available under subsection (b)(2) (I) NO ALTERNATE ALLOCATIONS.—If Congress full amount appropriated under that subsection,
be allocated by the President or apportioned or has not enacted legislation establishing alter- the difference between the amount appropriated
allotted by account, program element, and nate allocations, including by account, pro- and the alternate allocation shall be allocated
project pursuant to title 31, United States Code. gram, project, and activity, by the date on by the President and apportioned and allotted
(II) INSUFFICIENT ALTERNATE ALLOCATION.—If which the Act making full-year appropriations by account, program, and project pursuant to
Congress enacts legislation establishing alter- for the Department of State, Foreign Oper- title 31, United States Code.
nate allocations, including by account, program ations, and Related Programs for the applicable (e) SEQUESTRATION.—Section 255(g)(1)(A) of
element, and project, for amounts made avail- fiscal year is enacted into law, only then shall the Balanced Budget and Emergency Deficit
able under subsection (b)(2) that are less than amounts made available under subsection (c)(2) Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is
the full amount appropriated under that sub- be allocated by the President or apportioned or amended by inserting after ‘‘Continuing Fund,
section, the difference between the amount ap- allotted by account, program, project, and activ- Southwestern Power Administration (89–5649–0–
propriated and the alternate allocation shall be ity pursuant to title 31, United States Code. 2–271).’’ the following:
allocated by the President and apportioned and (II) INSUFFICIENT ALTERNATE ALLOCATION.—If ‘‘Creating Helpful Incentives to Produce Semi-
allotted by account, program element, and Congress enacts legislation establishing alter- conductors (CHIPS) for America Fund.
project pursuant to title 31, United States Code. ‘‘Creating Helpful Incentives to Produce Semi-
nate allocations, including by account, pro-
(c) CHIPS FOR AMERICA INTERNATIONAL conductors (CHIPS) for America Defense Fund.
gram, project, and activity, for amounts made ‘‘Creating Helpful Incentives to Produce Semi-
TECHNOLOGY SECURITY AND INNOVATION available under subsection (c)(2) that are less
FUND.— conductors (CHIPS) for America International
than the full amount appropriated under that Technology Security and Innovation Fund.
(1) ESTABLISHMENT.—There is established in subsection, the difference between the amount
the Treasury of the United States a fund to be ‘‘Creating Helpful Incentives to Produce Semi-
appropriated and the alternate allocation shall conductors (CHIPS) for America Workforce and
known as the ‘‘Creating Helpful Incentives to be allocated by the President and apportioned
Produce Semiconductors (CHIPS) for America Education Fund’’.
and allotted by account, program, project, and (f) BUDGETARY EFFECTS.—
International Technology Security and Innova- activity pursuant to title 31, United States Code. (1) STATUTORY PAYGO SCORECARDS.—The
tion Fund’’ (referred to in this subsection as the (d) CREATING HELPFUL INCENTIVES TO budgetary effects of this section shall not be en-
‘‘Fund’’) to provide for international informa- PRODUCE SEMICONDUCTORS (CHIPS) FOR AMER- tered on either PAYGO scorecard maintained
tion and communications technology security ICA WORKFORCE AND EDUCATION FUND.— pursuant to section 4(d) of the Statutory Pay-
and semiconductor supply chain activities, in- (1) ESTABLISHMENT.—There is established in As-You-Go Act of 2010 (2 U.S.C. 933(d)).
cluding to support the development and adop- the Treasury of the United States a fund to be (2) SENATE PAYGO SCORECARDS.—The budg-
tion of secure and trusted telecommunications known as the ‘‘Creating Helpful Incentives to etary effects of this section shall not be entered
technologies, secure semiconductors, secure Produce Semiconductors (CHIPS) for America on any PAYGO scorecard maintained for pur-
semiconductors supply chains, and other emerg- Workforce and Education Fund’’ (referred to in poses of section 4106 of H. Con. Res. 71 (115th
ing technologies and to carry out sections 9905 this subsection as the ‘‘Fund’’) for the National Congress).
and 9202(a)(2) of the William M. (Mac) Thorn- Science Foundation for microelectronics work- (3) CLASSIFICATION OF BUDGETARY EFFECTS.—
berry National Defense Authorization Act for force development activities to meet the require- Notwithstanding Rule 3 of the Budget
Fiscal Year 2021 (15 U.S.C. 4655 and 47 U.S.C. ments under section 9906 of the William M. Scorekeeping Guidelines set forth in the joint
906(a)(2)), as appropriate. Amounts in the Fund (Mac) Thornberry National Defense Authoriza- explanatory statement of the committee of con-
shall be transferred by the Secretary of State to tion Act for Fiscal Year 2021 (15 U.S.C. 4656). ference accompanying Conference Report 105–
accounts within the Department of State, the (2) APPROPRIATION.—In addition to amounts 217 and section 250(c)(8) of the Balanced Budget
United States Agency for International Develop- otherwise available for such purposes, there is and Emergency Deficit Control Act of 1985, the
ment, the Export-Import Bank, and the United appropriated to the Fund established in sub- budgetary effects of this section shall not be es-
States International Development Finance Cor- section (d)(1), out of amounts in the Treasury timated—
poration, as appropriate, to be used for such not otherwise appropriated— (A) for purposes of section 251 of such Act;
purposes and under the terms and conditions of (A) for fiscal year 2023, $25,000,000, to remain (B) for purposes of an allocation to the Com-
the account to which transferred. available until expended; mittee on Appropriations pursuant to section
(2) APPROPRIATION.— (B) for fiscal year 2024, $25,000,000, to remain 302(a) of the Congressional Budget Act of 1974;
(A) In addition to amounts otherwise avail- available until expended; and
able for such purposes, there is appropriated to (C) for purposes of paragraph (4)(C) of section
(C) for fiscal year 2025, $50,000,000, to remain
the Fund established in subsection (c)(1), out of 3 of the Statutory Pay-As-You-Go Act of 2010 as
available until expended;
amounts in the Treasury not otherwise appro- (D) for fiscal year 2026, $50,000,000, to remain being included in an appropriation Act.
priated— (g) LIMITATION ON USING AMOUNTS FOR STOCK
available until expended; and
(i) for fiscal year 2023, $100,000,000, to remain BUYBACKS OR THE PAYMENT OF DIVIDENDS.—
(E) for fiscal year 2027, $50,000,000, to remain (1) IN GENERAL.—A person receiving amounts
available until September 30, 2027; available until expended.
(ii) for fiscal year 2024, $100,000,000, to remain appropriated under this section or from a cov-
(3) ALLOCATION AUTHORITY.— ered fund may not use such amounts, as deter-
available until September 30, 2028; (A) SUBMISSION OF COST ESTIMATES.—The
(iii) for fiscal year 2025, $100,000,000, to remain mined using the criteria for eligible uses of
President shall submit to Congress detailed ac- amounts under sections 9902(a)(4) and 9905(a)(4)
available until September 30, 2029;
(iv) for fiscal year 2026, $100,000,000, to remain count, program, and project allocations of the of the William M. (Mac) Thornberry National
available until September 30, 2030; and full amount made available under paragraph Defense Authorization Act for Fiscal Year 2021
(v) for fiscal year 2027, $100,000,000, to remain (2)— (15 U.S.C. 4652(a)(4), 15 U.S.C. 4655(a)(4)), the
available until September 30, 2031. (i) for fiscal year 2023, not later than 60 days activities under section 9903(b) of such Act (15
(B) USE.—In carrying out this subsection, the after the date of enactment of this Act; and U.S.C. 4653(b)), and the functions under
Secretary of State may use up to $5,000,000 of (ii) for each subsequent fiscal year through
9906(c)(2) of such Act (15 U.S.C. 4656(c)(2)) —
the amounts made available in each fiscal year 2027, as part of the annual budget submission of (A) to purchase an equity security that is list-
for the Fund for salaries and expenses, adminis- the President under section 1105(a) of title 31, ed on a national securities exchange of such
tration, and oversight purposes, of which United States Code. person or any parent company of such person;
$500,000 in each of fiscal years 2023 through 2027 (B) ALTERNATE ALLOCATION.— or
shall be transferred to the Office of Inspector (i) IN GENERAL.—The Committees on Appro- (B) to pay dividends or make other capital
General of the Department of State to oversee priations of the House of Representatives and distributions with respect to the common stock
expenditures under the Fund. the Senate may provide for alternate allocation (or equivalent interest) of the person.
(3) ALLOCATION AUTHORITY.— of amounts made available under paragraph (2), (2) COVERED FUND.—In this subsection, the
(A) SUBMISSION OF COST ESTIMATES.—The including by account, program, and project. term ‘‘covered fund’’ means—
President shall submit to Congress detailed ac- (ii) ALLOCATION BY PRESIDENT.— (A) the Creating Helpful Incentives to
count, program, project, and activity allocations (I) NO ALTERNATE ALLOCATIONS.—If Congress Produce Semiconductors (CHIPS) for America
of the full amount made available under sub- has not enacted legislation establishing alter- Fund;
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section (c)(2)— nate allocations, including by account, pro- (B) the Creating Helpful Incentives to
(i) for fiscal year 2023, not later than 90 days gram, and project, by the date on which the Act Produce Semiconductors (CHIPS) for America
after the date of enactment of this Act; and making full-year appropriations for the Depart- Defense Fund;
(ii) for each subsequent fiscal year through ments of Commerce and Justice, Science, and (C) the Creating Helpful Incentives to Produce
2027, as part of the annual budget submission of Related Agencies for the applicable fiscal year is Semiconductors (CHIPS) for America Inter-
the President under section 1105(a) of title 31, enacted into law, only then shall amounts made national Technology Security and Innovation
United States Code. available under subsection (d)(2) be allocated by Fund; and
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7277
(D) the Creating Helpful Incentives to (2) in subsection (a)(2)— (3) in subsection (a)(4)(A), by striking ‘‘used
Produce Semiconductors (CHIPS) for America (A) in subparagraph (B)(i), by striking ‘‘; for semiconductors’’ and inserting ‘‘used for the
Workforce and Education Fund. and’’ at the end; purposes’’;
SEC. 103. SEMICONDUCTOR INCENTIVES. (B) in subparagraph (B)(ii)— (4) in subsection (a)(5)—
(a) DEFINITIONS.—Section 9901 of the William (i) in subclause (III), by striking ‘‘and’’ at the (A) in subparagraph (A), by striking ‘‘major’’;
M. (Mac) Thornberry National Defense Author- end; (B) in subparagraph (D), by striking ‘‘major’’;
ization Act for Fiscal Year 2021 (15 U.S.C. 4651) (ii) in subclause (IV), by striking the period at and
is amended— the end and inserting a semicolon; and (C) in subparagraph (E)(i), by striking
(1) in paragraph (2)— (iii) by adding at the end the following: ‘‘major’’;
‘‘(V) determined— (5) by inserting after subsection (a)(5) the fol-
(A) by striking ‘‘a private entity, a consortium
‘‘(aa) the type of semiconductor technology, lowing:
of private entities, or a consortium of public and
equipment, materials, or research and develop- ‘‘(6) EXPANSION CLAWBACK.—
private entities’’ and inserting ‘‘a nonprofit en-
ment the covered entity will produce at the fa- ‘‘(A) DEFINITION OF LEGACY SEMICON-
tity, a private entity, a consortium of private
cility described in clause (i); and DUCTOR.—
entities, or a consortium of nonprofit, public,
‘‘(bb) the customers, or categories of cus- ‘‘(i) IN GENERAL.—In this paragraph, the term
and private entities’’;
tomers, to which the covered entity plans to sell ‘legacy semiconductor’—
(B) by inserting ‘‘production,’’ before ‘‘or re- ‘‘(I) includes—
the semiconductor technology, equipment, mate-
search and development’’; and ‘‘(aa) a semiconductor technology that is of
rials, or research and development described in
(C) by striking ‘‘of semiconductors.’’ and in- the 28 nanometer generation or older for logic;
item (aa); and
serting ‘‘of semiconductors, materials used to ‘‘(bb) with respect to memory technology, ana-
‘‘(VI) documented, to the extent practicable,
manufacture semiconductors, or semiconductor log technology, packaging technology, and any
workforce needs and developed a strategy to
manufacturing equipment.’’; other relevant technology, any legacy genera-
meet such workforce needs consistent with the
(2) by redesignating paragraphs (5), (6), (7), tion of semiconductor technology relative to the
commitments described in subclauses (II) and
(8), and (9) as paragraphs (6), (8), (9), (12), and generation described in item (aa), as determined
(III);’’; and
(13), respectively; by the Secretary, in consultation with the Sec-
(C) by inserting after subparagraph (B)(ii) the
(3) by inserting after paragraph (4), the fol- retary of Defense and the Director of National
following—
lowing: ‘‘(iii) with respect to the project described in Intelligence; and
‘‘(5) The term ‘critical manufacturing indus- clause (i), the covered entity has an executable ‘‘(cc) any additional semiconductor tech-
try’— plan to identify and mitigate relevant semicon- nology identified by the Secretary in a public
‘‘(A) means an industry, industry group, or a ductor supply chain security risks, such as risks notice issued under clause (ii); and
set of related industries or related industry associated with access, availability, confiden- ‘‘(II) does not include a semiconductor that is
groups— tiality, integrity, and a lack of geographic diver- critical to national security, as determined by
‘‘(i) assigned a North American Industry Clas- sification in the covered entity’s supply chain; the Secretary, in consultation with the Sec-
sification System code beginning with 31, 32, or and retary of Defense and the Director of National
33; and ‘‘(iv) with respect to any project for the pro- Intelligence.
‘‘(ii) for which the applicable industry group duction, assembly, or packaging of semiconduc- ‘‘(ii) UPDATES.—Not later than 2 years after
or groups in the North American Industry Clas- tors, the covered entity has implemented policies the date of enactment of the CHIPS Act of 2022,
sification System code cumulatively— and procedures to combat cloning, counter- and not less frequently than once every 2 years
‘‘(I) manufacture primary products and parts, feiting, and relabeling of semiconductors, as ap- thereafter for the 8-year period after the last
the sum of which account for not less than 5 plicable.’’; award under this section is made, the Secretary,
percent of the manufacturing value added by (D) in subparagraph (C)— after public notice and an opportunity for com-
industry gross domestic product of the United (i) in clause (i)— ment and if applicable and necessary, shall
States; and (I) in subclause (II), by striking ‘‘is in the in- issue a public notice identifying any additional
‘‘(II) employ individuals for primary products terest of the United States’’ and inserting ‘‘is in semiconductor technology included in the mean-
and parts manufacturing activities that, com- the economic and national security interests of ing of the term ‘legacy semiconductor’ under
bined, account for not less than 5 percent of the United States’’; and clause (i).
manufacturing employment in the United (II) in subclause (III), by striking ‘‘and’’ at ‘‘(iii) FUNCTIONS OF THE SECRETARY.—The
States; and the end; functions of the Secretary under this paragraph
‘‘(B) may include any other manufacturing (ii) in clause (ii)(IV), by striking ‘‘and’’ at the shall not be subject to sections 551, 553 through
industry designated by the Secretary based on end; 559, and 701 through 706 of title 5, United States
the relevance of the manufacturing industry to (iii) by redesignating clause (iii) as clause (v); Code.
the national and economic security of the and ‘‘(iv) CONSULTATION.—In carrying out clause
United States, including the impacts of job (iv) by inserting after clause (ii) the following: (ii), the Secretary shall consult with the Direc-
losses.’’; and ‘‘(iii) the Secretary shall consider the type of tor of National Intelligence and the Secretary of
(4) by inserting after paragraph (6), as so re- semiconductor technology produced by the cov- Defense.
designated, the following: ered entity and whether that semiconductor ‘‘(v) CONSIDERATIONS.—In carrying out clause
‘‘(7) The term ‘foreign country of concern’ technology advances the economic and national (ii), the Secretary shall consider—
means— security interests of the United States; ‘‘(I) state-of-the-art semiconductor tech-
‘‘(A) a country that is a covered nation (as ‘‘(iv) the Secretary may not approve an appli- nologies in the United States and internation-
defined in section 4872(d) of title 10 United cation, unless the covered entity provides a plan ally, including in foreign countries of concern;
States Code); and that does not use Federal financial assistance to and
‘‘(B) any country that the Secretary, in con- assist efforts to physically relocate existing fa- ‘‘(II) consistency with export controls relating
sultation with the Secretary of Defense, the Sec- cility infrastructure to another jurisdiction to semiconductors.
retary of State, and the Director of National In- within the United States, unless the project is in ‘‘(B) DEFINITION OF SEMICONDUCTOR MANU-
telligence, determines to be engaged in conduct the interest of the United States; and’’; FACTURING.—In this paragraph, the term ‘semi-
that is detrimental to the national security or (E) by redesignating subparagraph (D) as sub- conductor manufacturing’—
foreign policy of the United States.’’; and paragraph (E); and ‘‘(i) has the meaning given the term by the
(5) by inserting after paragraph (9), as so re- (F) by inserting after subparagraph (C) the Secretary, in consultation with the Secretary of
designated, the following: following: Defense and the Director of National Intel-
‘‘(10) The term ‘mature technology node’ has ‘‘(D) PRIORITY.—In awarding Federal finan- ligence; and
the meaning given the term by the Secretary. cial assistance to covered entities under this ‘‘(ii) includes front-end semiconductor fab-
‘‘(11) The term ‘nonprofit entity’ means an en- subsection, the Secretary shall— rication.
tity described in section 501(c)(3) of the Internal ‘‘(i) give priority to ensuring that a covered ‘‘(C) REQUIRED AGREEMENT.—
Revenue Code of 1986 and exempt from taxation entity receiving financial assistance will— ‘‘(i) IN GENERAL.—On or before the date on
under section 501(a) of such Code.’’. ‘‘(I) manufacture semiconductors necessary to which the Secretary awards Federal financial
(b) SEMICONDUCTOR PROGRAM.—Section 9902 address gaps and vulnerabilities in the domestic assistance to a covered entity under this section,
of the William M. (Mac) Thornberry National supply chain across a diverse range of tech- the covered entity shall enter into an agreement
Defense Authorization Act for Fiscal Year 2021 nology and process nodes; and with the Secretary specifying that, during the
(15 U.S.C. 4652) is amended— ‘‘(II) provide a secure supply of semiconduc- 10-year period beginning on the date of the
(1) in subsection (a)(1)— tors necessary for the national security, manu- award, subject to clause (ii), the covered entity
(A) by striking ‘‘for semiconductor fabrica- facturing, critical infrastructure, and tech- may not engage in any significant transaction,
dlhill on DSK120RN23PROD with HOUSE
tion’’ and inserting ‘‘for the fabrication’’; nology leadership of the United States and other as defined in the agreement, involving the mate-
(B) by inserting ‘‘production,’’ before ‘‘or re- essential elements of the economy of the United rial expansion of semiconductor manufacturing
search and development’’; and States; and capacity in the People’s Republic of China or
(C) by striking the period at the end and in- ‘‘(ii) ensure that the assistance is awarded to any other foreign country of concern.
serting ‘‘of semiconductors, materials used to covered entities for both advanced and mature ‘‘(ii) EXCEPTIONS.—The prohibition in the
manufacture semiconductors, or semiconductor technology nodes to meet the priorities described agreement required under clause (i) shall not
manufacturing equipment.’’; and in clause (i).’’; apply to—
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H7278 CONGRESSIONAL RECORD — HOUSE July 28, 2022
‘‘(I) existing facilities or equipment of a cov- ‘‘(I) shall be exempt from disclosure under sec- ‘‘(4) CONSIDERATIONS.—In addition to the con-
ered entity for manufacturing legacy semi- tion 552(b)(3) of title 5, United States Code; and siderations described in subsection (a)(2)(C), in
conductors; or ‘‘(II) shall not be made public. granting Federal financial assistance under this
‘‘(II) significant transactions involving the ‘‘(ii) EXCEPTIONS.—Clause (i) shall not pre- subsection, the Secretary may consider whether
material expansion of semiconductor manufac- vent the disclosure of any of the following by a covered entity produces or supplies equipment
turing capacity that— the Secretary: or materials used in the fabrication, assembly,
‘‘(aa) produces legacy semiconductors; and ‘‘(I) Information relevant to any administra- testing, or packaging of semiconductors at ma-
‘‘(bb) predominately serves the market of a tive or judicial action or proceeding. ture technology nodes that are necessary to sup-
foreign country of concern. ‘‘(II) Information that a covered entity has port a critical manufacturing industry.
‘‘(iii) AFFILIATED GROUP.—For the purpose of consented to be disclosed to third parties. ‘‘(5) PRIORITY.—In awarding Federal finan-
applying the requirements in an agreement re- ‘‘(III) Information necessary to fulfill the re- cial assistance to covered entities under this
quired under clause (i), a covered entity shall quirement of the congressional notification subsection, the Secretary shall give priority to
include the covered entity receiving financial under subparagraph (H). covered entities that support the resiliency of
assistance under this section, as well as any ‘‘(H) CONGRESSIONAL NOTIFICATION.—Not later semiconductor supply chains for critical manu-
member of the covered entity’s affiliated group than 60 days after the date on which the Sec- facturing industries in the United States.
under section 1504(a) of the Internal Revenue retary finds a violation by a covered entity of ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—
Code of 1986, without regard to section an agreement required under subparagraph There are authorized to be appropriated to the
1504(b)(3) of such Code. (C)(i), and after providing the covered entity Secretary to carry out this subsection
‘‘(D) NOTIFICATION REQUIREMENTS.—During with an opportunity to provide information in $2,000,000,000, which shall remain available
the applicable term of the agreement of a cov- response to that finding, the Secretary shall until expended.
ered entity required under subparagraph (C)(i), provide to the appropriate Committees of Con- ‘‘(f) CONSTRUCTION PROJECTS.—Section 602 of
the covered entity shall notify the Secretary of gress— the Public Works and Economic Development
any planned significant transactions of the cov- ‘‘(i) a notification of the violation; Act of 1965 (42 U.S.C. 3212) shall apply to a con-
ered entity involving the material expansion of ‘‘(ii) a brief description of how the Secretary struction project that receives financial assist-
semiconductor manufacturing capacity in the determined the covered entity to be in violation; ance from the Secretary under this section.
People’s Republic of China or any other foreign and ‘‘(g) LOANS AND LOAN GUARANTEES.—
country of concern. ‘‘(iii) a summary of any actions or planned ‘‘(1) IN GENERAL.—Subject to the requirements
‘‘(E) VIOLATION OF AGREEMENT.— actions by the Secretary in response to the vio- of subsection (a) and this subsection, the Sec-
‘‘(i) NOTIFICATION TO COVERED ENTITIES.—Not lation. retary may make or guarantee loans to covered
later than 90 days after the date of receipt of a ‘‘(I) REGULATIONS.—The Secretary may issue entities as financial assistance under this sec-
notification described in subparagraph (D) from regulations implementing this paragraph.’’; and tion.
a covered entity, the Secretary, in consultation (6) by adding at the end the following: ‘‘(2) CONDITIONS.—The Secretary may select
with the Secretary of Defense and the Director ‘‘(d) SENSE OF CONGRESS.—It is the sense of eligible projects to receive loans or loan guaran-
of National Intelligence, shall— Congress that, in carrying out subsection (a), tees under this subsection if the Secretary deter-
‘‘(I) determine whether the significant trans- the Secretary should allocate funds in a manner mines that—
action described in the notification would be a that— ‘‘(A) the covered entity—
violation of the agreement of the covered entity ‘‘(1) strengthens the security and resilience of ‘‘(i) has a reasonable prospect of repaying the
required under subparagraph (C)(i); and the semiconductor supply chain, including by principal and interest on the loan; and
‘‘(II) notify the covered entity of the Sec- mitigating gaps and vulnerabilities; ‘‘(ii) has met such other criteria as may be es-
retary’s decision under subclause (I). ‘‘(2) provides a supply of secure semiconduc- tablished and published by the Secretary; and
‘‘(ii) OPPORTUNITY TO REMEDY.—Upon a noti- ‘‘(B) the amount of the loan (when combined
tors relevant for national security;
fication under clause (i)(II) that a planned sig- with amounts available to the loan recipient
‘‘(3) strengthens the leadership of the United
nificant transaction of a covered entity is a vio- from other sources) will be sufficient to carry
States in semiconductor technology;
lation of the agreement of the covered entity re- out the project.
‘‘(4) grows the economy of the United States
quired under subparagraph (C)(i), the Secretary ‘‘(3) REASONABLE PROSPECT OF REPAYMENT.—
and supports job creation in the United States;
shall— ‘‘(5) bolsters the semiconductor and skilled The Secretary shall base a determination of
‘‘(I) immediately request from the covered en- whether there is a reasonable prospect of repay-
technical workforces in the United States;
tity tangible proof that the planned significant ment of the principal and interest on a loan
‘‘(6) promotes the inclusion of economically
transaction has ceased or been abandoned; and under paragraph (2)(A)(i) on a comprehensive
‘‘(II) provide the covered entity 45 days to disadvantaged individuals and small businesses;
and evaluation of whether the covered entity has a
produce and provide to the Secretary the tan- reasonable prospect of repaying the principal
‘‘(7) improves the resiliency of the semicon-
gible proof described in subclause (I). and interest, including, as applicable, an eval-
‘‘(iii) FAILURE BY THE COVERED ENTITY TO ductor supply chains of critical manufacturing
industries. uation of—
CEASE OR REMEDY THE ACTIVITY.—Subject to ‘‘(A) the strength of the contractual terms of
clause (iv), if a covered entity fails to remedy a ‘‘(e) ADDITIONAL ASSISTANCE FOR MATURE
TECHNOLOGY NODES.— the project the covered entity plans to perform
violation as set forth under clause (ii), the Sec- (if commercially reasonably available);
retary shall recover the full amount of the Fed- ‘‘(1) IN GENERAL.—The Secretary shall estab-
lish within the program established under sub- ‘‘(B) the forecast of noncontractual cash flows
eral financial assistance provided to the covered supported by market projections from reputable
entity under this section. section (a) an additional program that provides
Federal financial assistance to covered entities sources, as determined by the Secretary;
‘‘(iv) MITIGATION.—If the Secretary, in con- ‘‘(C) cash sweeps and other structure en-
sultation with the Secretary of Defense and the to incentivize investment in facilities and equip-
hancements;
Director of National Intelligence, determines ment in the United States for the fabrication, ‘‘(D) the projected financial strength of the
that a covered entity planning a significant assembly, testing, or packaging of semiconduc- covered entity—
transaction that would violate the agreement re- tors at mature technology nodes. ‘‘(i) at the time of loan close; and
quired under subparagraph (C)(i) could take ‘‘(2) ELIGIBILITY AND REQUIREMENTS.—In ‘‘(ii) throughout the loan term after the
measures in connection with the transaction to order for an entity to qualify to receive Federal project is completed;
mitigate any risk to national security, the Sec- financial assistance under this subsection, the ‘‘(E) the financial strength of the investors
retary— covered entity shall agree to— and strategic partners of the covered entity, if
‘‘(I) may negotiate, enter into, and enforce ‘‘(A) submit an application under subsection applicable;
any agreement or condition for the mitigation; (a)(2)(A); ‘‘(F) other financial metrics and analyses that
and, ‘‘(B) meet the eligibility requirements under the private lending community and nationally
‘‘(II) waive the recovery requirement under subsection (a)(2)(B); recognized credit rating agencies rely on, as de-
clause (iii). ‘‘(C)(i) provide equipment or materials for the termined appropriate by the Secretary; and
‘‘(F) SUBMISSION OF RECORDS.— fabrication, assembly, testing, or packaging of ‘‘(G) such other criteria the Secretary may de-
‘‘(i) IN GENERAL.—The Secretary may request semiconductors at mature technology nodes in termine relevant.
from a covered entity records and other nec- the United States; or ‘‘(4) RATES, TERMS, AND REPAYMENTS OF
essary information to review the compliance of ‘‘(ii) fabricate, assemble using packaging, or LOANS.—A loan provided under this subsection—
the covered entity with the agreement required test semiconductors at mature technology nodes ‘‘(A) shall have an interest rate that does not
under subparagraph (C)(i). in the United States; exceed a level that the Secretary determines ap-
‘‘(ii) ELIGIBILITY.—In order to be eligible for ‘‘(D) commit to using any Federal financial propriate, taking into account, as of the date on
Federal financial assistance under this section, assistance received under this section to in- which the loan is made, the cost of funds to the
a covered entity shall agree to provide records crease the production of semiconductors at ma- Department of the Treasury for obligations of
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and other necessary information requested by ture technology nodes; and comparable maturity; and
the Secretary under clause (i). ‘‘(E) be subject to the considerations described ‘‘(B) shall have a term of not more than 25
‘‘(G) CONFIDENTIALITY OF RECORDS.— in subsection (a)(2)(C). years.
‘‘(i) IN GENERAL.—Subject to clause (ii), any ‘‘(3) PROCEDURES.—In granting Federal finan- ‘‘(5) ADDITIONAL TERMS.—A loan or guarantee
information derived from records or necessary cial assistance to covered entities under this provided under this subsection may include any
information disclosed by a covered entity to the subsection, the Secretary may use the proce- other terms and conditions that the Secretary
Secretary under this section— dures established under subsection (a). determines to be appropriate.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7279
‘‘(6) RESPONSIBLE LENDER.—No loan may be training entities to incentivize and expand geo- ‘‘(b) REQUIREMENT.—Any funds received from
guaranteed under this subsection, unless the graphically diverse participation in graduate, a payment made by a person or entity pursuant
Secretary determines that— undergraduate, and community college pro- to subsection (a)(3) shall be credited to and
‘‘(A) the lender is responsible; and grams relevant to microelectronics, including merged with the account from which support to
‘‘(B) adequate provision is made for servicing through— the person or entity was made’’.
the loan on reasonable terms and protecting the ‘‘(i) the development and dissemination of (e) CONFORMING AMENDMENT.—The table of
financial interest of the United States. curricula and research training experiences; and contents for division H of title XCIX of the Wil-
‘‘(7) ADVANCED BUDGET AUTHORITY.—New ‘‘(ii) the development of workforce training liam M. (Mac) Thornberry National Defense Au-
loans may not be obligated and new loan guar- programs and apprenticeships in advanced thorization Act for Fiscal Year 2021 (Public Law
antees may not be committed to under this sub- microelectronic design, research, fabrication, 116–283) is amended by adding after the item re-
section, unless appropriations of budget author- and packaging capabilities.’’; lating to section 9908 the following:
ity to cover the costs of such loans and loan (3) in subsection (d)—
guarantees are made in advance in accordance (A) by striking ‘‘the Manufacturing USA in- ‘‘9909. Additional authorities.’’.
with section 504(b) of the Federal Credit Reform stitute’’ and inserting ‘‘a Manufacturing USA SEC. 104. OPPORTUNITY AND INCLUSION.
Act of 1990 (2 U.S.C. 661c(b)). institute’’; and (a) ESTABLISHMENT.—Not later than 180 days
‘‘(8) CONTINUED OVERSIGHT.—The loan agree- (B) by adding at the end the following: ‘‘The after the date of enactment of this Act, the Sec-
ment for a loan guaranteed under this sub- Director may make financial assistance awards, retary of Commerce shall establish activities in
section shall provide that no provision of the including construction awards, in support of the the Department of Commerce, within the pro-
loan agreement may be amended of waived National Advanced Packaging Manufacturing gram established under section 9902 of the Wil-
without the consent of the Secretary. Program.’’; liam M. (Mac) Thornberry National Defense Au-
‘‘(h) OVERSIGHT.—Not later than 4 years after (4) in subsection (f)— thorization Act for Fiscal Year 2021 (15 U.S.C.
disbursement of the first financial award under (A) in the matter preceding paragraph (1)— 4652), to carry out this section using funds ap-
subsection (a), the Inspector General of the De- (i) by striking ‘‘a Manufacturing USA Insti- propriated under this Act.
partment of Commerce shall audit the program tute’’ and inserting ‘‘not more than 3 Manufac- (b) IN GENERAL.—The Secretary of Commerce
under this section to assess— turing USA Institutes’’; shall assign personnel to lead and support the
‘‘(1) whether the eligibility requirements for (ii) by striking ‘‘is focused on semiconductor activities carried out under this section, includ-
covered entities receiving financial assistance manufacturing.’’ and inserting ‘‘are focused on ing coordination with other workforce develop-
under the program are met; semiconductor manufacturing. The Secretary of
‘‘(2) whether eligible entities use the financial ment activities of the Department of Commerce
Commerce may award financial assistance to or of Federal agencies, as defined in section 551
assistance received under the program in ac- any Manufacturing USA Institute for work re-
cordance with the requirements of this section; of title 5, United States Code, as appropriate.
lating to semiconductor manufacturing.’’; and
‘‘(3) whether the covered entities receiving fi- (c) ACTIVITIES.—Personnel assigned by the
(iii) by striking ‘‘Such institute may empha-
nancial assistance under this program have car- Secretary to carry out the activities under this
size’’ and inserting ‘‘Such institutes may em-
ried out the commitments made to worker and section shall—
phasize’’; and
community investment under subsection (5) by adding at the end the following: (1) assess the eligibility of a covered entity, as
(a)(2)(B)(ii)(II) by the target date for completion ‘‘(h) CONSTRUCTION PROJECTS.—Section 602 of defined in section 9901 of the William M. (Mac)
set by the Secretary under subsection (a)(5)(A); the Public Works and Economic Development Thornberry National Defense Authorization Act
‘‘(4) whether the required agreement entered Act of 1965 (42 U.S.C. 3212) shall apply to a con- for Fiscal Year 2021 (15 U.S.C. 4651), for finan-
into by covered entities and the Secretary under struction project that receives financial assist- cial assistance for a project with respect to the
subsection (a)(6)(C)(i), including the notifica- ance under this section.’’. requirements under subclauses (II) and (III) of
tion process, has been carried out to provide (d) ADDITIONAL AUTHORITIES.—Division H of section 9902(a)(2)(B)(ii) of the William M. (Mac)
covered entities sufficient guidance about a vio- title XCIX of the William M. (Mac) Thornberry Thornberry National Defense Authorization Act
lation of the required agreement; National Defense Authorization Act for Fiscal for Fiscal Year 2021 (15 U.S.C.
‘‘(5) whether the Secretary has provided time- Year 2021 (15 U.S.C. 4651 et seq.) is amended by 4652(a)(2)(B)(ii)(II) and (III));
ly Congressional notification about violations of adding at the end the following: (2) ensure that each covered entity, as defined
the required agreement under subsection in section 9901 of the William M. (Mac) Thorn-
‘‘SEC. 9909. ADDITIONAL AUTHORITIES.
(a)(6)(C)(i), including the required information berry National Defense Authorization Act for
on how the Secretary reached a determination ‘‘(a) IN GENERAL.—In carrying out the respon-
Fiscal Year 2021 (15 U.S.C. 4651),that is awarded
of whether a covered entity was in violation sibilities of the Department of Commerce under
financial assistance under section 9902 of that
under subsection (a)(6)(E); and this division, the Secretary may—
Act (15 U.S.C. 4652) is carrying out the commit-
‘‘(6) whether the Secretary has sufficiently re- ‘‘(1) enter into agreements, including con-
ments of the covered entity to economically dis-
viewed any covered entity engaging in a listed tracts, grants and cooperative agreements, and
advantaged individuals as described in the ap-
exception under subsection (a)(6)(C)(ii). other transactions as may be necessary and on
plication of the covered entity under that sec-
‘‘(i) PROHIBITION ON USE OF FUNDS.—No such terms as the Secretary considers appro-
tion by the target dates for completion estab-
funds made available under this section may be priate;
lished by the Secretary of Commerce under sub-
used to construct, modify, or improve a facility ‘‘(2) make advance payments under agree-
section(a)(5)(A) of that section; and
outside of the United States.’’. ments and other transactions authorized under
paragraph (1) without regard to section 3324 of (3) increase participation of and outreach to
(c) ADVANCED MICROELECTRONICS RESEARCH economically disadvantaged individuals, minor-
AND DEVELOPMENT.—Section 9906 of the William title 31, United States Code;
‘‘(3) require a person or other entity to make ity-owned businesses, veteran-owned businesses,
M. (Mac) Thornberry National Defense Author- and women-owned businesses, as defined by the
ization Act for Fiscal Year 2021 (15 U.S.C. 4656) payments to the Department of Commerce upon
application and as a condition for receiving Secretary of Commerce, respectively, in the geo-
is amended— graphic area of a project under section 9902 of
(1) in subsection (a)(3)(A)(ii)— support through an award of assistance or other
transaction; the William M. (Mac) Thornberry National De-
(A) in subclause (II), by inserting ‘‘, including
‘‘(4) procure temporary and intermittent serv- fense Authorization Act for Fiscal Year 2021 (15
for technologies based on organic and inorganic
ices of experts and consultants in accordance U.S.C. 4652) and serve as a resource for those in-
materials’’ after ‘‘components’’; and
with section 3109 of title 5, United States Code; dividuals, businesses, and covered entities.
(B) in subclause (V), by striking ‘‘and supply
chain integrity’’ and inserting ‘‘supply chain ‘‘(5) notwithstanding section 3104 of title 5, (d) STAFF.—The activities under this section
integrity, and workforce development’’; United States Code, or the provisions of any shall be staffed at the appropriate levels to
(2) in subsection (c)— other law relating to the appointment, number, carry out the functions and responsibilities
(A) in paragraph (1)— classification, or compensation of employees, under this section until 95 percent of the
(i) by inserting ‘‘and grow the domestic semi- make appointments of scientific, engineering, amounts of funds made available for the pro-
conductor workforce’’ after ‘‘prototyping of ad- and professional personnel, and fix the basic gram established under section 9902 of the Wil-
vanced semiconductor technology’’; and pay of such personnel at a rate to be determined liam M. (Mac) Thornberry National Defense Au-
(ii) by adding at the end the following: ‘‘The by the Secretary at rates not in excess of the thorization Act for Fiscal Year 2021 (15 U.S.C.
Secretary may make financial assistance highest total annual compensation payable at 4652) have been expended.
awards, including construction awards, in sup- the rate determined under section 104 of title 3, (e) REPORT.—Beginning on the date that is 1
port of the national semiconductor technology United States Code, except that the Secretary year after the date on which the Secretary of
center.’’; and shall appoint not more than 25 personnel under Commerce establishes the activities described in
(B) in paragraph (2)— this paragraph; subsection (c), the Secretary of Commerce shall
(i) in subparagraph (B), by inserting ‘‘and ‘‘(6) with the consent of another Federal submit to the appropriate committees of Con-
dlhill on DSK120RN23PROD with HOUSE
capitalize’’ before ‘‘an investment fund’’; and agency, enter into an agreement with that Fed- gress, as defined in section 9901(1) of the Wil-
(ii) by striking subparagraph (C) and insert- eral agency to use, with or without reimburse- liam M. (Mac) Thornberry National Defense Au-
ing the following: ment, any service, equipment, personnel, or fa- thorization Act for Fiscal Year 2021 (15 U.S.C.
‘‘(C) To work with the Secretary of Labor, the cility of that Federal agency; and 4651), and make publicly available on the
Director of the National Science Foundation, ‘‘(7) establish such rules, regulations, and website of the Department of Commerce an an-
the Secretary of Energy, the private sector, in- procedures as the Secretary considers appro- nual report regarding the actions taken by the
stitutions of higher education, and workforce priate. Department of Commerce under this section.
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H7280 CONGRESSIONAL RECORD — HOUSE July 28, 2022
SEC. 105. ADDITIONAL GAO REPORTING REQUIRE- (2) not less than $2,000,000 per fiscal year SEC. 107. ADVANCED MANUFACTURING INVEST-
MENTS. shall be transferred to the Office of Inspector MENT CREDIT.
(a) NDAA.—Section 9902(c) of William M. General of the Department of Commerce for (a) IN GENERAL.—Subpart E of part IV of sub-
(Mac) Thornberry National Defense Authoriza- oversight related to activities conducted using chapter A of chapter 1 of the Internal Revenue
tion Act for Fiscal Year 2021 (15 U.S.C. 4652(c)) amounts provided under this section. Code of 1986 is amended by inserting after sec-
is amended— (c) ALLOCATION AUTHORITY.— tion 48C the following new section:
(1) in paragraph (1)— (1) SUBMISSION OF COST ESTIMATES.—The ‘‘SEC. 48D. ADVANCED MANUFACTURING INVEST-
(A) in subparagraph (B)— President shall submit to Congress detailed ac- MENT CREDIT.
(i) in clause (i), by striking ‘‘; and’’ and in- count, program, and project allocations of the ‘‘(a) ESTABLISHMENT OF CREDIT.—For pur-
serting a semicolon; and amount recommended for allocation in a fiscal poses of section 46, the advanced manufacturing
(ii) by adding at the end the following: year from amounts made available under sub- investment credit for any taxable year is an
‘‘(iii) the Federal Government could take spe- section (a)— amount equal to 25 percent of the qualified in-
cific actions to address shortages in the semicon- (A) for fiscal years 2022 and 2023, not later vestment for such taxable year with respect to
ductor supply chain, including— than 60 days after the date of enactment of this any advanced manufacturing facility of an eli-
‘‘(I) demand-side incentives, including incen- Act; and gible taxpayer.
tives related to the information and communica- (B) for each subsequent fiscal year through ‘‘(b) QUALIFIED INVESTMENT.—
tions technology supply chain; and 2032, as part of the annual budget submission of ‘‘(1) IN GENERAL.—For purposes of subsection
‘‘(II) additional incentives, at national and the President under section 1105(a) of title 31, (a), the qualified investment with respect to any
global scales, to accelerate utilization of lead- United States Code. advanced manufacturing facility for any tax-
ing-edge semiconductor nodes to address short- (2) ALTERNATE ALLOCATION.— able year is the basis of any qualified property
ages in mature semiconductor nodes; and’’; and (A) IN GENERAL.—The Committees on Appro- placed in service by the taxpayer during such
(B) in subparagraph (C)— priations of the House of Representatives and taxable year which is part of an advanced man-
(i) in clause (iii), by striking ‘‘; and’’ and in- the Senate may provide for alternate allocation ufacturing facility.
serting a semicolon; and of amounts recommended for allocation in a ‘‘(2) QUALIFIED PROPERTY.—
(ii) by inserting after clause (iv) the following: given fiscal year from amounts made available ‘‘(A) IN GENERAL.—For purposes of this sub-
‘‘(v) how projects are supporting the semicon- under subsection (a), including by account, pro- section, the term ‘qualified property’ means
ductor needs of critical infrastructure industries gram, and project. property—
in the United States, including those industries (B) ALLOCATION BY PRESIDENT.— ‘‘(i) which is tangible property,
designated by the Cybersecurity and Infrastruc- (i) NO ALTERNATE ALLOCATIONS.—If Congress
‘‘(ii) with respect to which depreciation (or
ture Security Agency as essential infrastructure has not enacted legislation establishing alter-
amortization in lieu of depreciation) is allow-
industries; and’’; and nate allocations, including by account, pro-
able,
(2) by inserting after paragraph (1)(C)(iv) the gram, and project, by the date on which the Act ‘‘(iii) which is—
following: making full-year appropriations for the Depart- ‘‘(I) constructed, reconstructed, or erected by
‘‘(D) drawing on data made available by the ments of Commerce and Justice, Science, and the taxpayer, or
Department of Labor or other sources, to the ex- Related Agencies for the applicable fiscal year is ‘‘(II) acquired by the taxpayer if the original
tent practicable, an analysis of— enacted into law, only then shall amounts rec- use of such property commences with the tax-
‘‘(i) semiconductor industry data regarding ommended for allocation for that fiscal year payer, and
businesses that are— from amounts made available under subsection ‘‘(iv) which is integral to the operation of the
‘‘(I) majority owned and controlled by minor- (a) be allocated by the President or apportioned advanced manufacturing facility.
ity individuals; or allotted by account, program, and project ‘‘(B) BUILDINGS AND STRUCTURAL COMPO-
‘‘(II) majority owned and controlled by pursuant to title 31, United States Code. NENTS.—
women; or (ii) INSUFFICIENT ALTERNATE ALLOCATION.—If ‘‘(i) IN GENERAL.—The term ‘qualified prop-
‘‘(III) majority owned and controlled by both Congress enacts legislation establishing alter- erty’ includes any building or its structural
women and minority individuals; nate allocations, including by account, pro- components which otherwise satisfy the require-
‘‘(ii) the number and amount of contracts and gram, and project, for amounts recommended for ments under subparagraph (A).
subcontracts awarded by each covered entity allocation in a given fiscal year from amounts ‘‘(ii) EXCEPTION.—Clause (i) shall not apply
using funds made available under subsection (a) made available under subsection (a) that are with respect to a building or portion of a build-
disaggregated by recipients of each such con- less than the full amount recommended for allo- ing used for offices, administrative services, or
tract or subcontracts that are majority owned cation for that fiscal year, the difference be- other functions unrelated to manufacturing.
and controlled by minority individuals and ma- tween the amount recommended for allocation ‘‘(3) ADVANCED MANUFACTURING FACILITY.—
jority owned and controlled by women; and and the alternate allocation shall be allocated For purposes of this section, the term ‘advanced
‘‘(iii) aggregated workforce data, including by the President and apportioned and allotted manufacturing facility’ means a facility for
data by race or ethnicity, sex, and job cat- by account, program, and project pursuant to which the primary purpose is the manufac-
egories.’’. title 31, United States Code. turing of semiconductors or semiconductor man-
(b) DEPARTMENT OF DEFENSE.—Section (d) SEQUESTRATION.—Section 255(g)(1)(A) of ufacturing equipment.
9202(a)(1)(G)(ii)(I) of the William M. (Mac) the Balanced Budget and Emergency Deficit ‘‘(4) COORDINATION WITH REHABILITATION
Thornberry National Defense Authorization Act Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is CREDIT.—The qualified investment with respect
for Fiscal Year 2021 (47 U.S.C. amended by inserting after ‘‘Postal Service to any advanced manufacturing facility for any
906(a)(1)(G)(ii)(I)) is amended by inserting ‘‘(in- Fund (18–4020–0–3–372).’’ the following: taxable year shall not include that portion of
cluding whether recipients are majority owned ‘‘Public Wireless Supply Chain Innovation
the basis of any property which is attributable
and controlled by minority individuals and ma- Fund.’’.
(e) BUDGETARY EFFECTS.— to qualified rehabilitation expenditures (as de-
jority owned and controlled by women)’’ after (1) STATUTORY PAYGO SCORECARDS.—The fined in section 47(c)(2)).
‘‘to whom’’. budgetary effects of this section shall not be en- ‘‘(5) CERTAIN PROGRESS EXPENDITURE RULES
SEC. 106. APPROPRIATIONS FOR WIRELESS SUP- tered on either PAYGO scorecard maintained MADE APPLICABLE.—Rules similar to the rules of
PLY CHAIN INNOVATION. subsections (c)(4) and (d) of section 46 (as in ef-
pursuant to section 4(d) of the Statutory Pay-
(a) DIRECT APPROPRIATIONS.—In addition to As-You-Go Act of 2010. fect on the day before the date of the enactment
amounts otherwise available for such purposes, (2) SENATE PAYGO SCORECARDS.—The budg- of the Revenue Reconciliation Act of 1990) shall
there is appropriated to the Public Wireless Sup- etary effects of this section shall not be entered apply for purposes of subsection (a).
ply Chain Innovation Fund established under on any PAYGO scorecard maintained for pur- ‘‘(c) ELIGIBLE TAXPAYER.—For purposes of
section 9202(a)(1) of the William M. (Mac) poses of section 4106 of H. Con. Res. 71 (115th this section, the term ‘eligible taxpayer’ means
Thornberry National Defense Authorization Act Congress). any taxpayer which—
for Fiscal Year 2021 (15 U.S.C. 4652(a)(1)), out of (3) CLASSIFICATION OF BUDGETARY EFFECTS.— ‘‘(1) is not a foreign entity of concern (as de-
amounts in the Treasury not otherwise appro- Notwithstanding Rule 3 of the Budget fined in section 9901(6) of the William M. (Mac)
priated— Scorekeeping Guidelines set forth in the joint Thornberry National Defense Authorization Act
(1) $150,000,000 for fiscal year 2022, to remain explanatory statement of the committee of con- for Fiscal Year 2021), and
available until September 30, 2031; and ference accompanying Conference Report 105– ‘‘(2) has not made an applicable transaction
(2) $1,350,000,000 for fiscal year 2023, to remain 217 and section 250(c)(8) of the Balanced Budget (as defined in section 50(a)) during the taxable
available until September 30, 2032. and Emergency Deficit Control Act of 1985, the year.
(b) USE OF FUNDS, ADMINISTRATION, AND budgetary effects of this section shall not be es- ‘‘(d) ELECTIVE PAYMENT.—
OVERSIGHT.—Of the amounts made available timated— ‘‘(1) IN GENERAL.—Except as otherwise pro-
under subsection (a)— (A) for purposes of section 251 of such Act; vided in paragraph (2)(A), in the case of a tax-
dlhill on DSK120RN23PROD with HOUSE
(1) not more than 5 percent of the amounts al- (B) for purposes of an allocation to the Com- payer making an election (at such time and in
located pursuant to subsection (c) in a given fis- mittee on Appropriations pursuant to section such manner as the Secretary may provide)
cal year may be used by the Assistant Secretary 302(a) of the Congressional Budget Act of 1974; under this subsection with respect to the credit
of Commerce for Communications and Informa- and determined under subsection (a) with respect to
tion to administer the programs funded from the (C) for purposes of paragraph (4)(C) of section such taxpayer, such taxpayer shall be treated as
Public Wireless Supply Chain Innovation Fund; 3 of the Statutory Pay-As-You-Go Act of 2010 as making a payment against the tax imposed by
and being included in an appropriation Act. subtitle A (for the taxable year with respect to
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7281
which such credit was determined) equal to the ‘‘(iii) EXCESSIVE PAYMENT DEFINED.—For pur- ‘‘(C) REGULATIONS AND GUIDANCE.—The Sec-
amount of such credit. poses of this subparagraph, the term ‘excessive retary shall issue such regulations or other
‘‘(2) SPECIAL RULES.—For purposes of this payment’ means, with respect to property for guidance as the Secretary determines necessary
subsection— which an election is made under this subsection or appropriate to carry out the purposes of this
‘‘(A) APPLICATION TO PARTNERSHIPS AND S for any taxable year, an amount equal to the paragraph, including regulations or other guid-
CORPORATIONS.— excess of— ance which provide for requirements for record-
‘‘(i) IN GENERAL.—In the case of the credit de- ‘‘(I) the amount treated as a payment which keeping or information reporting for purposes of
termined under subsection (a) with respect to is made by the taxpayer under paragraph (1), or administering the requirements of this para-
any property held directly by a partnership or S the amount of the payment made pursuant to graph.’’.
corporation, any election under paragraph (1) subparagraph (A), with respect to such property (2) APPLICABLE TRANSACTION; APPLICABLE
shall be made by such partnership or S corpora- for such taxable year, over TAXPAYER.—Section 50(a)(6) of the Internal Rev-
tion. If such partnership or S corporation makes ‘‘(II) the amount of the credit which, without enue Code of 1986, as redesignated by paragraph
an election under such paragraph (in such man- application of this subsection, would be other- (1), is amended adding at the end the following
ner as the Secretary may provide) with respect wise allowable (determined without regard to new subparagraphs:
to such credit— section 38(c)) under subsection (a) with respect ‘‘(D) APPLICABLE TRANSACTION.—For purposes
‘‘(I) the Secretary shall make a payment to to such property for such taxable year. of this subsection—
such partnership or S corporation equal to the ‘‘(3) DENIAL OF DOUBLE BENEFIT.—In the case ‘‘(i) IN GENERAL.—The term ‘applicable trans-
amount of such credit, of a taxpayer making an election under this action’ means, with respect to any applicable
‘‘(II) paragraph (3) shall be applied with re- subsection with respect to the credit determined taxpayer, any significant transaction (as deter-
spect to such credit before determining any part- under subsection (a), such credit shall be re- mined by the Secretary, in coordination with
ner’s distributive share, or shareholder’s pro duced to zero and shall, for any other purposes the Secretary of Commerce and the Secretary of
rata share, of such credit, under this title, be deemed to have been allowed Defense) involving the material expansion of
‘‘(III) any amount with respect to which the
to the taxpayer for such taxable year. semiconductor manufacturing capacity of such
election in paragraph (1) is made shall be treat-
‘‘(4) MIRROR CODE POSSESSIONS.—In the case applicable taxpayer in the People’s Republic of
ed as tax exempt income for purposes of sections
of any possession of the United States with a China or a foreign country of concern (as de-
705 and 1366, and
mirror code tax system (as defined in section fined in section 9901(7) of the William M. (Mac)
‘‘(IV) a partner’s distributive share of such
24(k)), this subsection shall not be treated as Thornberry National Defense Authorization Act
tax exempt income shall be based on such part-
part of the income tax laws of the United States for Fiscal Year 2021).
ner’s distributive share of the otherwise applica-
for purposes of determining the income tax law ‘‘(ii) EXCEPTION.—Such term shall not include
ble credit for each taxable year.
‘‘(ii) COORDINATION WITH APPLICATION AT of such possession unless such possession elects a transaction which primarily involves the ex-
PARTNER OR SHAREHOLDER LEVEL.—In the case to have this subsection be so treated. pansion of manufacturing capacity for legacy
of any property held directly by a partnership ‘‘(5) BASIS REDUCTION AND RECAPTURE.—Rules semiconductors (as defined in section 9902(a)(6)
or S corporation, no election by any partner or similar to the rules of subsections (a) and (c) of of the William M. (Mac) Thornberry National
shareholder shall be allowed under paragraph section 50 shall apply with respect to— Defense Authorization Act for Fiscal Year 2021).
‘‘(A) any amount treated as a payment which ‘‘(E) APPLICABLE TAXPAYER.—For purposes of
(1) with respect to any credit determined under
is made by the taxpayer under paragraph (1), this subsection, the term ‘applicable taxpayer’
subsection (a) with respect to such property.
‘‘(B) ELECTIONS.—Any election under para- and means any taxpayer who has been allowed a
graph (1) shall be made not later than the due ‘‘(B) any payment made pursuant to para- credit under section 48D(a) for any prior taxable
date (including extensions of time) for the re- graph (2)(A). year.’’.
‘‘(6) REGULATIONS.—The Secretary shall issue (3) CONFORMING AMENDMENTS.—
turn of tax for the taxable year for which the
such regulations or other guidance as may be (A) Section 50(a)(4) of the Internal Revenue
election is made, but in no event earlier than 270
necessary or appropriate to carry out the pur- Code of 1986, as redesignated by paragraph (1),
days after the date of the enactment of this sec-
poses of this subsection, including— is amended—
tion. Any such election, once made, shall be ir-
‘‘(A) regulations or other guidance providing (i) by inserting ‘‘, or any applicable trans-
revocable. Except as otherwise provided in this
rules for determining a partner’s distributive action to which paragraph (3)(A) applies’’ after
subparagraph, any election under paragraph (1)
share of the tax exempt income described in ‘‘paragraphs (1) and (2)’’, and
shall apply with respect to any credit for the
paragraph (2)(A)(i)(III), and (ii) by inserting ‘‘or applicable transaction’’
taxable year for which the election is made.
‘‘(B) guidance to ensure that the amount of after ‘‘such cessation’’.
‘‘(C) TIMING.—The payment described in
the payment or deemed payment made under (B) Section 50(a)(6)(C) of such Code, as redes-
paragraph (1) shall be treated as made on the
this subsection is commensurate with the ignated by paragraph (1), is amended by strik-
later of the due date (determined without regard
amount of the credit that would be otherwise al- ing ‘‘paragraph (1) or (2)’’ and inserting ‘‘para-
to extensions) of the return of tax for the tax-
lowable (determined without regard to section graph (1), (2), or (3)’’.
able year or the date on which such return is
38(c)). (C) Section 1371(d)(1) of such Code is amended
filed.
‘‘(D) TREATMENT OF PAYMENTS TO PARTNER- ‘‘(e) TERMINATION OF CREDIT.—The credit al- by striking ‘‘section 50(a)(4)’’ and inserting
SHIPS AND S CORPORATIONS.—For purposes of
lowed under this section shall not apply to ‘‘section 50(a)(5)’’.
section 1324 of title 31, United States Code, the property the construction of which begins after (c) EXEMPTION OF ELECTIVE PAYMENTS FROM
payments under subparagraph (A)(i)(I) shall be December 31, 2026.’’. SEQUESTRATION.—Subsection (d) of section 255
(b) RECAPTURE IN CONNECTION WITH CERTAIN of the Balanced Budget and Emergency Deficit
treated in the same manner as a refund due
EXPANSIONS.— Control Act of 1985 (2 U.S.C. 905) is amended to
from a credit provision referred to in subsection
(1) IN GENERAL.—Section 50(a) of the Internal read as follows:
(b)(2) of such section.
‘‘(E) ADDITIONAL INFORMATION.—As a condi- Revenue Code of 1986 is amended redesignating ‘‘(d) REFUNDABLE INCOME TAX CREDITS AND
tion of, and prior to, any amount being treated paragraphs (3) through (5) as paragraphs (4) CERTAIN ELECTIVE PAYMENTS.—
as a payment which is made by the taxpayer through (6), respectively, and by inserting after ‘‘(1) REFUNDABLE INCOME TAX CREDITS.—Pay-
under paragraph (1) or any payment being paragraph (2) the following new paragraph: ments to individuals made pursuant to provi-
made pursuant to subparagraph (A), the Sec- ‘‘(3) CERTAIN EXPANSIONS IN CONNECTION WITH sions of the Internal Revenue Code of 1986 es-
ADVANCED MANUFACTURING FACILITIES.— tablishing refundable tax credits shall be exempt
retary may require such information or registra-
‘‘(A) IN GENERAL.—If there is a an applicable from reduction under any order issued under
tion as the Secretary deems necessary or appro-
transaction by an applicable taxpayer before the this part.
priate for purposes of preventing duplication,
close of the 10-year period beginning on the date ‘‘(2) CERTAIN ELECTIVE PAYMENTS.—Payments
fraud, improper payments, or excessive pay-
such taxpayer placed in service investment cred- made to taxpayers pursuant to elections under
ments under this section.
‘‘(F) EXCESSIVE PAYMENT.— it property which is eligible for the advanced subsection (d) of section 48D of the Internal
‘‘(i) IN GENERAL.—In the case of any amount manufacturing investment credit under section Revenue Code of 1986, or amounts treated as
treated as a payment which is made by the tax- 48D(a), then the tax under this chapter for the payments which are made by taxpayers under
payer under paragraph (1), or any payment taxable year in which such transaction occurs paragraph (1) of such subsection, shall be ex-
made pursuant to subparagraph (A), which the shall be increased by 100 percent of the aggre- empt from reduction under any order issued
Secretary determines constitutes an excessive gate decrease in the credits allowed under sec- under this part.’’.
payment, the tax imposed on such taxpayer by tion 38 for all prior taxable years which would (d) CONFORMING AMENDMENTS.—
chapter 1 for the taxable year in which such de- have resulted solely from reducing to zero any (1) Paragraph (6) of section 46 of the Internal
termination is made shall be increased by an credit determined under section 46 which is at- Revenue Code of 1986 is amended to read as fol-
amount equal to the sum of— tributable to the advanced manufacturing in- lows:
‘‘(I) the amount of such excessive payment, vestment credit under section 48D(a) with re- ‘‘(6) the advanced manufacturing investment
dlhill on DSK120RN23PROD with HOUSE
plus spect to such property. credit.’’.
‘‘(II) an amount equal to 20 percent of such ‘‘(B) EXCEPTION.—Subparagraph (A) shall not (2) Section 49(a)(1)(C) of such Code is amend-
excessive payment. apply if the applicable taxpayer demonstrates to ed—
‘‘(ii) REASONABLE CAUSE.—Clause (i)(II) shall the satisfaction of the Secretary that the appli- (A) by striking ‘‘and’’ at the end of clause
not apply if the taxpayer demonstrates to the cable transaction has been ceased or abandoned (iv),
satisfaction of the Secretary that the excessive within 45 days of a determination and notice by (B) by striking the period at the end of clause
payment resulted from reasonable cause. the Secretary. (v) and inserting ‘‘, and’’, and
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H7282 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(C) by adding at the end the following new Sec. 10112. High intensity laser research initia- Subtitle B—STEM Education
clause: tive; helium conservation pro- Sec. 10311. PreK–12 STEM education.
‘‘(vi) the basis of any qualified property (as gram; Office of Science emerging Sec. 10312. Undergraduate STEM education.
defined in subsection (b)(2) of section 48D) biological threat preparedness re- Sec. 10313. Graduate STEM education.
which is part of an advanced manufacturing fa- search initiative; midscale instru- Sec. 10314. STEM workforce data.
cility (as defined in subsection (b)(3) of such mentation and research equip- Sec. 10315. Cyber workforce development re-
section).’’. ment program; authorization of search and development.
(3) Section 50(a)(2)(E) of such Code is amend- appropriations. Sec. 10316. Federal cyber scholarship-for-service
ed by striking ‘‘or 48C(b)(2)’’ and inserting Sec. 10113. Established program to stimulate program.
‘‘48C(b)(2), or 48D(b)(5)’’. competitive research. Sec. 10317. Cybersecurity workforce data initia-
(4) The table of sections for subpart E of part Sec. 10114. Research security. tive.
IV of subchapter A of chapter 1 of such Code is TITLE II—NATIONAL INSTITUTE OF Sec. 10318. Microelectronics workforce develop-
amended by inserting after the item relating to STANDARDS AND TECHNOLOGY FOR THE ment activities.
section 48C the following new item: FUTURE Sec. 10319. Incorporation of art and design into
‘‘Sec. 48D. Advanced manufacturing investment Sec. 10201. Definitions. certain STEM education.
credit.’’. Sec. 10320. Mandatory cost-sharing.
(e) BUDGETARY EFFECTS.— Subtitle A—Authorization of Appropriations
Sec. 10321. Programs to address the STEM
(1) STATUTORY PAYGO SCORECARDS.—The Sec. 10211. Authorization of appropriations. workforce.
budgetary effects of this section shall not be en- Subtitle B—Measurement Research Subtitle C—Broadening Participation
tered on either PAYGO scorecard maintained Sec. 10221. Engineering biology and bio-
pursuant to section 4(d) of the Statutory Pay- Sec. 10321. Presidential awards for excellence in
metrology. mathematics and science.
As-You-Go Act of 2010 (2 U.S.C. 933(d)). Sec. 10222. Greenhouse gas measurement re-
(2) SENATE PAYGO SCORECARDS.—The budg- Sec. 10322. Robert Noyce Teacher Scholarship
search. program update.
etary effects of this section shall not be entered Sec. 10223. NIST authority for cybersecurity
on any PAYGO scorecard maintained for pur- Sec. 10323. NSF Eddie Bernice Johnson IN-
and privacy activities. CLUDES Initiative.
poses of section 4106 of H. Con. Res. 71 (115th Sec. 10224. Software security and authentica-
Congress). Sec. 10324. Broadening participation on major
tion.
(3) CLASSIFICATION OF BUDGETARY EFFECTS.— facilities awards.
Sec. 10225. Digital identity management re-
Notwithstanding Rule 3 of the Budget Sec. 10325. Expanding geographic and institu-
search.
Scorekeeping Guidelines set forth in the joint tional diversity in research.
Sec. 10226. Biometrics research and testing.
explanatory statement of the committee of con- Sec. 10326. Diversity in tech research.
Sec. 10227. Federal biometric performance
ference accompanying Conference Report 105– Sec. 10327. Chief Diversity Officer of the NSF.
standards.
217 and section 250(c)(8) of the Balanced Budget Sec. 10328. Research and dissemination to in-
Sec. 10228. Protecting research from cybersecu-
and Emergency Deficit Control Act of 1985, the crease the participation of women
rity theft.
budgetary effects of this section shall not be es- Sec. 10229. Dissemination of resources for re- and underrepresented minorities
timated— search institutions. in STEM fields.
(A) for purposes of section 251 of such Act; Sec. 10230. Advanced communications research. Sec. 10329. Activities to expand STEM opportu-
(B) for purposes of an allocation to the Com- Sec. 10231. Neutron scattering. nities.
mittee on Appropriations pursuant to section Sec. 10232. Artificial intelligence. Sec. 10330. Intramural emerging research insti-
302(a) of the Congressional Budget Act of 1974; Sec. 10233. Sustainable chemistry research and tutions pilot program.
and education. Subtitle D—NSF Research Security
(C) for purposes of paragraph (4)(C) of section Sec. 10234. Premise plumbing research. Sec. 10331. Office of Research Security and Pol-
3 of the Statutory Pay-As-You-Go Act of 2010 as Sec. 10235. Dr. David Satcher Cybersecurity icy.
being included in an appropriation Act. Education Grant Program. Sec. 10332. Chief of Research Security.
(f) EFFECTIVE DATE.— Subtitle C—General Activities Sec. 10333. Reporting to Congress.
(1) IN GENERAL.—Except as provided in para- Sec. 10334. Online resource.
Sec. 10241. Educational outreach and support
graph (2), the amendments made by this section Sec. 10335. Research awards.
for underrepresented communities.
shall apply to property placed in service after Sec. 10336. Authorities.
Sec. 10242. Other transactions authority.
December 31, 2022, and, for any property the Sec. 10243. Report to Congress on collaborations Sec. 10337. Responsible conduct in research
construction of which begins prior to January 1, with government agencies. training.
2023, only to the extent of the basis thereof at- Sec. 10244. Hiring critical technical experts. Sec. 10338. Research security and integrity in-
tributable to the construction, reconstruction, or Sec. 10245. International standards develop- formation sharing analysis orga-
erection after the date of enactment of this Act. ment. nization.
(2) EXEMPTION OF ELECTIVE PAYMENTS FROM Sec. 10246. Standard technical update. Sec. 10339. Plan with respect to controlled in-
SEQUESTRATION.—The amendment made by sub- Sec. 10247. GAO study of NIST research secu- formation and background screen-
section (c) shall apply to any sequestration rity policies and protocols. ing.
order issued under the Balanced Budget and Sec. 10248. Standards development organization Sec. 10339A. Foundation funding to institutions
Emergency Deficit Control Act of 1985 (2 U.S.C. grants. hosting or supporting Confucius
900 et seq.) on or after December 31, 2022. Institutes.
Subtitle D—Hollings Manufacturing Extension
DIVISION B—RESEARCH AND INNOVATION Partnership Sec. 10339B. Foreign financial support.
SEC. 10000. TABLE OF CONTENTS. Sec. 10339C. Authorization of appropriations.
Sec. 10251. Establishment of expansion awards
The table of contents for this division is as fol- pilot program as a part of the Subtitle E—Fundamental Research
lows: Hollings Manufacturing Exten- Sec. 10341. Broader impacts.
DIVISION B—RESEARCH AND INNOVATION sion Partnership. Sec. 10342. Sense of Congress.
Sec. 10000. Table of contents. Sec. 10252. Update to Hollings Manufacturing Sec. 10343. Research ethics.
Sec. 10001. Short title. Extension Partnership. Sec. 10344. Research reproducibility and
Sec. 10002. Definitions. Sec. 10253. National Supply Chain Database. replicability.
Sec. 10003. Budgetary effects. Sec. 10254. Hollings Manufacturing Extension Sec. 10345. Climate change research.
TITLE I—DEPARTMENT OF ENERGY Partnership activities. Sec. 10346. Social, behavioral, and economic
SCIENCE FOR THE FUTURE Sec. 10255. Amendment to the Hollings Manu- sciences.
facturing Extension Partnership Sec. 10347. Measuring impacts of Federally
Sec. 10101. Mission of the Office of Science.
Sec. 10102. Basic energy sciences program. relating to institutions of higher funded research and development.
Sec. 10103. Biological and environmental re- education. Sec. 10348. Food-energy-water research.
search. Subtitle E—Manufacturing USA Program Sec. 10349. Biological Field Stations and Ma-
Sec. 10104. Advanced scientific computing re- Sec. 10261. Supporting geographic diversity. rine Laboratories.
search program. Sec. 10262. Expanding opportunities through Sec. 10350. Sustainable chemistry research and
Sec. 10105. Fusion energy research. the Manufacturing USA Program. education.
Sec. 10106. High energy physics program. Sec. 10263. Promoting domestic production of Sec. 10351. Risk and resilience research.
Sec. 10107. Nuclear physics program. technologies developed under Sec. 10352. Unmanned aircraft systems tech-
Sec. 10108. Science laboratories infrastructure Manufacturing USA Program. nologies.
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program. Sec. 10353. Accelerating unmanned maritime
TITLE III—NATIONAL SCIENCE systems technologies.
Sec. 10109. Accelerator research and develop-
FOUNDATION FOR THE FUTURE Sec. 10354. Leveraging international expertise
ment.
Sec. 10110. Isotope research, development, and Subtitle A—Preliminary Matters in research.
production. Sec. 10301. Sense of Congress. Sec. 10355. Biological research collections.
Sec. 10111. Increased collaboration with teach- Sec. 10302. Definitions. Sec. 10356. Clean water research and tech-
ers and scientists. Sec. 10303. Authorization of appropriations. nology acceleration.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7283
Sec. 10357. Technology and behavioral science Sec. 10512. National Science Foundation rural Subtitle I—Partnerships for Energy Security
research. STEM activities. and Innovation
Sec. 10358. Manufacturing research amend- Sec. 10513. Opportunities for online education. Sec. 10691. Foundation for Energy Security and
ment. Sec. 10514. National Academies evaluation. Innovation.
Sec. 10359. Critical minerals mining research Sec. 10515. GAO review.
and development. Sec. 10516. NIST engagement with rural commu- Subtitle J—Energizing Technology Transfer
Sec. 10360. Study of AI research capacity. nities. Sec. 10701. Definitions.
Sec. 10361. Advancing IoT for Precision Agri- Subtitle C—MSI STEM Achievement PART 1—NATIONAL CLEAN ENERGY TECHNOLOGY
culture Capabilities Act. Sec. 10521. GAO review. TRANSFER PROGRAMS
Sec. 10362. Astronomy and satellite constella- Sec. 10522. Agency responsibilities. Sec. 10713. National clean energy incubator
tions. Sec. 10523. Research at the National Science program.
Sec. 10363. Research on the impact of inflation. Foundation. Sec. 10714. Clean energy technology university
Sec. 10364. Microgravity utilization policy. Sec. 10524. Capacity-building program for de- prize competition.
Sec. 10365. Recognition of the Arecibo Observ-
veloping universities. Sec. 10715. Clean energy technology transfer co-
atory. Sec. 10525. Tribal Colleges and Universities pro- ordination.
Subtitle F—Research Infrastructure gram. PART 2—SUPPORTING TECHNOLOGY
Sec. 10371. Facility operation and maintenance. Sec. 10526. Definitions. DEVELOPMENT AT THE NATIONAL LABORATORIES
Sec. 10372. Reviews. Subtitle D—Combating Sexual Harassment in
Sec. 10373. Helium conservation. Sec. 10716. Lab partnering service pilot pro-
Science
Sec. 10374. Advanced computing. gram.
Sec. 10531. Findings. Sec. 10717. Lab-embedded entrepreneurship pro-
Sec. 10375. National secure data service.
Sec. 10532. Purpose. gram.
Subtitle G—Directorate for Technology, Sec. 10533. Definition. Sec. 10718. Small business voucher program.
Innovation, and Partnerships Sec. 10534. Research awards. Sec. 10719. Entrepreneurial leave program.
Sec. 10381. Establishment. Sec. 10535. Responsible Conduct Guide. Sec. 10720. National Laboratory non-Federal
Sec. 10382. Purposes. Sec. 10536. Interagency working group. employee outside employment au-
Sec. 10383. Activities. Sec. 10537. National Academies assessment.
thority.
Sec. 10384. Requirements. Sec. 10538. GAO study.
Sec. 10385. Assistant Director. Sec. 10539. Authorization of appropriations. PART 3—DEPARTMENT OF ENERGY
Sec. 10386. Advisory committee. TITLE VI—MISCELLANEOUS SCIENCE AND MODERNIZATION
Sec. 10387. Challenges and focus areas. TECHNOLOGY PROVISIONS Sec. 10722. Office of Technology Transitions.
Sec. 10388. Regional Innovation Engines. Sec. 10723. Management of Department of En-
Subtitle A—Supporting Early-career
Sec. 10389. Translation accelerator. ergy demonstration projects.
Sec. 10390. Test beds. Researchers
Sec. 10724. Streamlining prize competitions.
Sec. 10391. Planning and capacity building Sec. 10601. Early-career research fellowship Sec. 10725. Cost-share waiver extension.
awards. program. Sec. 10726. Special hiring authority for sci-
Sec. 10392. Entrepreneurial fellowships. Sec. 10602. Authorization of appropriations. entific, engineering, and project
Sec. 10393. Scholarships and fellowships. Subtitle B—National Science and Technology management personnel.
Sec. 10394. Research and development awards. Strategy Sec. 10727. Technology transfer reports and
Sec. 10395. Scaling innovations in PreK–12 Sec. 10611. National science and technology evaluation.
STEM education. strategy.
Sec. 10396. Authorities. Subtitle K—Micro Act
Sec. 10612. Strategy and report on the Nation’s
Sec. 10397. Coordination of activities. Sec. 10731. Microelectronics research for energy
economic security, science, re-
Sec. 10398. Ethical, legal, and societal consider- innovation.
search, and innovation to support
ations. Subtitle L—National Nuclear University
the national security strategy.
Sec. 10399. Reports and roadmaps. Research Infrastructure Reinvestment
Sec. 10613. Quadrennial science and technology
Sec. 10399A. Evaluation.
review. Sec. 10741. Short title.
Subtitle H—Administrative Amendments Sec. 10742. Purposes.
Subtitle C—Regional Innovation
Sec. 10399D. Supporting veterans in STEM ca- Sec. 10743. University infrastructure collabora-
Sec. 10621. Regional innovation capacity.
reers. tion.
Sec. 10622. Regional Clean Energy Innovation
Sec. 10399E. Sunshine Act compliance. Sec. 10744. Advanced nuclear research infra-
Program.
Sec. 10399F. Science and engineering indicators structure enhancement subpro-
report submission. Subtitle D—Research Security
gram.
TITLE IV—BIOECONOMY RESEARCH AND Sec. 10631. Requirements for foreign talent re- Sec. 10745. Science education and human re-
DEVELOPMENT cruitment programs. sources scholarships, fellowships,
Sec. 10632. Malign foreign talent recruitment and research and development
Sec. 10401. Definitions.
program prohibition. projects.
Sec. 10402. National engineering biology re- Sec. 10633. Review of contracts and agreements.
search and development initiative. Sec. 10634. Research security training require- Subtitle M—Steel Upgrading Partnerships and
Sec. 10403. Initiative coordination. ment for Federal research award Emissions Reduction
Sec. 10404. Advisory committee on engineering Sec. 10751. Low-emissions steel manufacturing
personnel.
biology research and development. Sec. 10635. Research funds accounting. research program.
Sec. 10405. External review of ethical, legal, en- Sec. 10636. Person or entity of concern prohibi-
vironmental, safety, security, and Subtitle N—Applied Laboratories Infrastructure
tion. Restoration and Modernization
societal issues. Sec. 10637. Nondiscrimination.
Sec. 10406. Agency activities. Sec. 10761. Applied laboratories infrastructure
Sec. 10638. Definitions.
Sec. 10407. Rule of construction. restoration and modernization.
Subtitle E—Coastal and Ocean Acidification
TITLE V—BROADENING PARTICIPATION IN Research and Innovation Subtitle O—Department of Energy Research,
SCIENCE Development, and Demonstration Activities
Sec. 10641. Short title.
Subtitle A—STEM Opportunities Sec. 10642. Purposes. Sec. 10771. Department of Energy research, de-
Sec. 10501. Federal research agency policies for Sec. 10643. Definitions. velopment, and demonstration ac-
caregivers. Sec. 10644. Interagency working group. tivities.
Sec. 10502. Collection and reporting of data on Sec. 10645. Strategic research plan. Subtitle P—Fission for the Future
federal research awards. Sec. 10646. NOAA ocean acidification activities. Sec. 10781. Advanced nuclear technologies Fed-
Sec. 10503. Policies for review of Federal re- Sec. 10647. NSF ocean acidification activities. eral research, development, and
search awards. Sec. 10648. NASA ocean acidification activities. demonstration program.
Sec. 10504. Collection of data on demographics Sec. 10649. Authorization of appropriations.
TITLE VII—NATIONAL AERONAUTICS AND
of faculty. Subtitle F—Interagency Working Group
Sec. 10505. Cultural and institutional barriers SPACE ADMINISTRATION AUTHORIZA-
Sec. 10651. Interagency working group. TION ACT
to expanding the academic and
Federal STEM workforce. Subtitle G—Quantum Networking and Sec. 10801. Short title.
Sec. 10506. Existing activities. Communications Sec. 10802. Definitions.
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Sec. 10507. Report to Congress. Sec. 10661. Quantum networking and commu- Subtitle A—Exploration
Sec. 10508. Merit review. nications.
Sec. 10811. Moon to Mars.
Sec. 10509. Determination of budgetary effects. Subtitle H—Blockchain Specialist Sec. 10812. Space Launch System configura-
Sec. 10510. Definition.
Sec. 10671. Establishment of blockchain and tions.
Subtitle B—Rural STEM Education Research cryptocurrency specialist position Sec. 10813. Rocket engine test infrastructure.
Sec. 10511. Definition. within OSTP. Sec. 10814. Pearl River maintenance.
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H7284 CONGRESSIONAL RECORD — HOUSE July 28, 2022
Sec. 10815. Extension and modification relating agency with an annual extramural research ex- research agency. The term ‘‘recipient’’ does not
to International Space Station. penditure of over $100,000,000 in fiscal year 2022 include entities that receive subawards or indi-
Sec. 10816. Priorities for International Space constant dollars. viduals that are the beneficiaries of the award.
Station. (11) FOUNDATION.—The term ‘‘Foundation’’ (25) RESEARCH AND DEVELOPMENT AWARD.—
Sec. 10817. Technical amendments relating to means the National Science Foundation. The term ‘‘research and development award’’
Artemis missions. (12) HISTORICALLY BLACK COLLEGE AND UNI- means support provided to an individual or enti-
Subtitle B—Science VERSITY.—The term ‘‘historically Black college ty by a Federal research agency to carry out re-
Sec. 10821. Science priorities. and university’’ has the meaning given the term search and development activities, which may
Sec. 10822. Search for life. ‘‘part B institution’’ in section 322 of the Higher include support in the form of a grant, contract,
Sec. 10823. Next generation of astrophysics Education Act of 1965 (20 U.S.C. 1061). cooperative agreement, or other such trans-
great observatories. (13) INSTITUTION OF HIGHER EDUCATION.—The action. The term does not include a grant, con-
Sec. 10824. Earth science missions and pro- term ‘‘institution of higher education’’ has the tract, agreement or other transaction for the
grams. meaning given the term in section 101(a) of the procurement of goods or services to meet the ad-
Sec. 10825. Planetary Defense Coordination Of- Higher Education Act of 1965 (20 U.S.C. ministrative needs of a Federal research agency.
fice. 1001(a)). (26) SKILLED TECHNICAL WORK.—The term
Subtitle C—Aeronautics (14) INTERAGENCY WORKING GROUP ON INCLU- ‘‘skilled technical work’’ means an occupation
SION IN STEM.—The term ‘‘interagency working that requires a high level of knowledge in a
Sec. 10831. Experimental aircraft projects. group on inclusion in STEM’’ means the inter- technical domain and does not require a bach-
Sec. 10832. Unmanned aircraft systems. agency working group established by section 308
Sec. 10833. Cleaner, quieter airplanes. elor’s degree for entry.
of the American Innovation and Competitive- (27) STEM.—The term ‘‘STEM’’ means science,
Subtitle D—Space Technology ness Act (42 U.S.C. 6626). technology, engineering, and mathematics, in-
Sec. 10841. Space nuclear capabilities. (15) LABOR ORGANIZATION.—The term ‘‘labor cluding computer science.
Sec. 10842. Prioritization of low-enriched ura- organization’’ has the meaning given the term (28) STEM EDUCATION.—The term ‘‘STEM edu-
nium technology. in section 2(5) of the National Labor Relations cation’’ has the meaning given the term in sec-
Subtitle E—STEM Engagement Act (29 U.S.C. 152(5)), except that such term tion 2 of the STEM Education Act of 2015 (42
Sec. 10851. Office of STEM Engagement. shall also include— U.S.C. 6621 note).
(A) any organization composed of labor orga- (29) TECHNICAL STANDARD.—The term ‘‘tech-
Subtitle F—Miscellaneous
nizations, such as a labor union federation or a nical standard’’ has the meaning given such
Sec. 10861. Program, workforce, and industrial State or municipal labor body; and term in section 12(d)(5) of the National Tech-
base reviews. (B) any organization which would be included nology Transfer and Advancement Act of 1995
Sec. 10862. Modification of lease of non-excess in the definition for such term under such sec- (15 U.S.C. 272 note).
property. tion 2(5) but for the fact that the organization (30) TRIBAL COLLEGE OR UNIVERSITY.—The
SEC. 10001. SHORT TITLE. represents— term ‘‘Tribal College or University’’ has the
This division may be cited as the ‘‘Research (i) individuals employed by the United States, meaning given such term in section 316 of the
and Development, Competition, and Innovation any wholly owned Government corporation, any Higher Education Act of 1965 (20 U.S.C. 1059c).
Act’’. Federal Reserve Bank, or any State or political SEC. 10003. BUDGETARY EFFECTS.
SEC. 10002. DEFINITIONS. subdivision thereof; (a) STATUTORY PAYGO SCORECARDS.—The
In this division: (ii) individuals employed by persons subject to budgetary effects of this division shall not be
(1) ARTIFICIAL INTELLIGENCE.—The term ‘‘arti- the Railway Labor Act (45 U.S.C. 151 et seq.); or entered on either PAYGO scorecard maintained
ficial intelligence’’ or ‘‘AI’’ has the meaning (iii) individuals employed as agricultural la- pursuant to section 4(d) of the Statutory Pay-
given such term in section 5002 of the William borers. As-You-Go Act of 2010 (2 U.S.C. 933(d)).
M. (Mac) Thornberry National Defense Author- (16) LOW-INCOME INDIVIDUAL.—The term (b) SENATE PAYGO SCORECARDS.—The budg-
ization Act for Fiscal Year 2021 (15 U.S.C. 9401). ‘‘low-income individual’’ means an individual etary effects of this division shall not be entered
(2) AWARDEE.—The term ‘‘awardee’’ means from a family whose taxable income for the pre- on any PAYGO scorecard maintained for pur-
the legal entity to which Federal assistance is ceding year did not exceed 150 percent of an poses of section 4106 of H. Con. Res. 71 (115th
awarded and that is accountable to the Federal amount equal to the poverty level determined by Congress).
Government for the use of the funds provided. using criteria of poverty established by the Bu- (c) CLASSIFICATION OF BUDGETARY EFFECTS.—
(3) AWARD PERSONNEL.—The term ‘‘award per- reau of the Census. Notwithstanding Rule 3 of the Budget
sonnel’’ means principal investigators and co- (17) MANUFACTURING EXTENSION CENTER.—The Scorekeeping Guidelines set forth in the joint
principal investigators, faculty, postdoctoral re- term ‘‘manufacturing extension center’’ has the explanatory statement of the committee of con-
searchers, and other employees supported by a meaning given the term ‘‘Center’’ in section ference accompanying Conference Report 105–
grant, cooperative agreement, or contract under 25(a) of the National Institute of Standards and 217 and section 250(c)(8) of the Balanced Budget
Federal law. Technology Act (15 U.S.C. 278k(a)). and Emergency Deficit Control Act of 1985, the
(4) BIOMANUFACTURING.—The term ‘‘biomanu- (18) MANUFACTURING USA INSTITUTE.—The budgetary effects of this division shall not be es-
facturing’’ means the utilization of biological term ‘‘Manufacturing USA institute’’ means a timated—
systems to develop new and advance existing Manufacturing USA institute described in sec- (1) for purposes of section 251 of such Act;
products, tools, and processes at commercial tion 34(d) of the National Institute of Standards (2) for purposes of an allocation to the Com-
scale. and Technology Act (15 U.S.C. 278s(d)). mittee on Appropriations pursuant to section
(5) EMERGING RESEARCH INSTITUTION.—The (19) MINORITY-SERVING INSTITUTION.—The 302(a) of the Congressional Budget Act of 1974;
term ‘‘emerging research institution’’ means an term ‘‘minority-serving institution’’ means a and
institution of higher education with an estab- Hispanic-serving institution as defined in sec- (3) for purposes of paragraph (4)(C) of section
lished undergraduate or graduate program that tion 502(a) of the Higher Education Act of 1965 3 of the Statutory Pay-As-You-Go Act of 2010 as
has less than $50,000,000 in Federal research ex- (20 U.S.C. 1101a(a)); an Alaska Native-serving being included in an appropriation Act.
penditures. institution or Native Hawaiian-serving institu-
(6) ENGINEERING BIOLOGY.—The term ‘‘engi- tion as defined in section 317(b) of such Act (20 TITLE I—DEPARTMENT OF ENERGY
neering biology’’ means the application of engi- U.S.C. 1059d(b)); or a Predominantly Black in- SCIENCE FOR THE FUTURE
neering design principles and practices to bio- stitution, Asian American and Native American SEC. 10101. MISSION OF THE OFFICE OF SCIENCE.
logical systems, including molecular and cellular Pacific Islander-serving institution, or Native Section 209 of the Department of Energy Or-
systems, to advance fundamental understanding American-serving nontribal institution as de- ganization Act (42 U.S.C. 7139) is amended by
of complex natural systems and to enable novel fined in section 371(c) of such Act (20 U.S.C. adding at the end the following:
or optimize functions and capabilities. 1067q(c)). ‘‘(d) USER FACILITIES.—The Director shall
(7) EPSCoR.—The term ‘‘EPSCoR’’ has the (20) NATIONAL ACADEMIES.—The term ‘‘Na- carry out the construction, operation, and
meaning given the term in section 502 of the tional Academies’’ means the National Acad- maintenance of user facilities to support the
America COMPETES Reauthorization Act of emies of Sciences, Engineering, and Medicine. mission described in subsection (c). As prac-
2010 (42 U.S.C. 1862p note). (21) NON-PROFIT ORGANIZATION.—The term ticable, these facilities shall serve the needs of
(8) EPSCoR INSTITUTION.—The term ‘‘EPSCoR ‘‘non-profit organization’’ means an organiza- the Department, industry, the academic commu-
institution’’ means an institution of higher edu- tion which is described in section 501(c)(3) of the nity, and other relevant entities for the purposes
cation, nonprofit organization, or other institu- Internal Revenue Code of 1986 and exempt from of advancing the missions of the Department,
tion located in a jurisdiction eligible to partici- tax under section 501(a) of such code. improving the competitiveness of the United
pate in the program under section 113 of the Na- (22) PREK–12.—The term ‘‘PreK–12’’ means States, protecting public health and safety, and
tional Science Foundation Authorization Act of pre-kindergarten through grade 12. addressing other national priorities including
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1988 (42 U.S.C. 1862g). (23) QUANTUM INFORMATION SCIENCE.—The emergencies.
(9) FEDERAL LABORATORY.—The term ‘‘Fed- term ‘‘quantum information science’’ has the ‘‘(e) COORDINATION.—
eral laboratory’’ has the meaning given such meaning given such term in section 2 of the Na- ‘‘(1) IN GENERAL.—The Secretary—
term in section 4 of the Stevenson-Wydler Tech- tional Quantum Initiative Act (15 U.S.C. 8801). ‘‘(A) shall ensure the coordination of the Of-
nology Innovation Act of 1980 (15 U.S.C. 3703). (24) RECIPIENT.—The term ‘‘recipient’’ means fice of Science with the other activities of the
(10) FEDERAL RESEARCH AGENCY.—The term an entity, usually a non-Federal entity, that re- Department, including the transfer of knowl-
‘‘Federal research agency’’ means any Federal ceives a Federal award directly from a Federal edge, capabilities, and relevant technologies
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7285
from basic research programs of the Department tions, ensure that the start of full operations of described in the publication approved by the
to applied research and development programs the upgrade under this paragraph occurs before Basic Energy Sciences Advisory Committee on
of the Department for the purpose of enabling March 31, 2026. June 9, 2016, entitled ‘Report on Facility Up-
development of mission-relevant technologies; ‘‘(D) FUNDING.—Out of funds authorized to be grades’, including the development of a
‘‘(B) shall support joint activities among the appropriated under subsection (j), there is au- multibend achromat lattice to produce a high
programs of the Department; thorized to be appropriated to the Secretary to flux of coherent x-rays within the soft x-ray en-
‘‘(C) shall coordinate with other relevant Fed- carry out the upgrade under this paragraph ergy region.
eral agencies operating under existing author- $14,200,000 for fiscal year 2023. ‘‘(C) START OF OPERATIONS.—The Secretary
izations relating to subjects relating to the mis- ‘‘(5) SPALLATION NEUTRON SOURCE PROTON shall, subject to the availability of appropria-
sion described in subsection (c) in supporting POWER UPGRADE.— tions, ensure that the start of full operations of
advancements in related research areas as ap- ‘‘(A) IN GENERAL.—The Secretary shall pro- the upgrade under this paragraph occurs before
propriate; and vide for the proton power upgrade to the Spall- September 30, 2029.
‘‘(D) may form partnerships to enhance the ation Neutron Source. ‘‘(D) FUNDING.—Out of funds authorized to be
utilization of and ensure access to user facilities ‘‘(B) PROTON POWER UPGRADE DEFINED.—In appropriated under subsection (j), there are au-
by other Federal agencies. this paragraph, the term ‘proton power upgrade’ thorized to be appropriated to the Secretary to
‘‘(2) OFFICE OF SCIENCE.—The Director— means the Spallation Neutron Source power up- carry out the upgrade under this paragraph—
‘‘(A) shall ensure the coordination of pro- grade described in— ‘‘(i) $135,000,000 for fiscal year 2023;
grams and activities carried out by the Office of ‘‘(i) the publication entitled ‘Facilities for the ‘‘(ii) $102,500,000 for fiscal year 2024;
Science; and Future of Science: A Twenty-Year Outlook’, ‘‘(iii) $50,000,000 for fiscal year 2025; and
‘‘(B) shall direct all programs which have not published by the Office of Science of the Depart- ‘‘(iv) $1,400,000 for fiscal year 2026.
recently completed a future planning roadmap ment in December, 2003; ‘‘(8) LINAC COHERENT LIGHT SOURCE II HIGH
consistent with the funding of such programs ‘‘(ii) the publication entitled ‘Four Years ENERGY UPGRADE.—
authorized under the Research and Develop- Later: An Interim Report on Facilities for the ‘‘(A) DEFINITIONS.—In this paragraph:
ment, Competition, and Innovation Act to com- Future of Science: A Twenty-Year Outlook’, ‘‘(i) HIGH ENERGY.—The term ‘high energy’,
plete such a roadmap.’’. published by the Office of Science of the Depart- with respect to an x-ray, means a photon with
SEC. 10102. BASIC ENERGY SCIENCES PROGRAM. ment in August, 2007; and an energy in the 5 to 13 kiloelectron volt range.
‘‘(iii) the publication approved by the Basic ‘‘(ii) HIGH REPETITION RATE.—The term ‘high
(a) DEPARTMENT OF ENERGY RESEARCH AND
Energy Sciences Advisory Committee on June 9, repetition rate’ means the delivery of x-ray
INNOVATION ACT.—Section 303 of the Depart-
2016, entitled ‘Report on Facility Upgrades’. pulses up to 1,000,000 pulses per second.
ment of Energy Research and Innovation Act
‘‘(C) START OF OPERATIONS.—The Secretary ‘‘(iii) ULTRA-SHORT PULSE.—The term ‘ultra-
(42 U.S.C. 18641) is amended—
shall, subject to the availability of appropria- short pulse’, with respect to an x-ray, means
(1) by redesignating subsections (a) through
tions, ensure that the start of full operations of that the x-ray has bursts capable of durations of
(e) as subsections (c) through (g), respectively;
the upgrade under this paragraph occurs before less than 100 femtoseconds.
(2) by inserting before subsection (c), as so re-
July 30, 2028, with the option for early operation ‘‘(B) UPGRADE.—The Secretary shall—
designated, the following: ‘‘(i) provide for the upgrade to the Linac Co-
in 2025.
‘‘(a) PROGRAM.—As part of the activities au- herent Light Source II facility described in the
‘‘(D) FUNDING.—Out of funds authorized to be
thorized under section 209 of the Department of publication approved by the Basic Energy
appropriated under subsection (j), there is au-
Energy Organization Act (42 U.S.C. 7139), the Sciences Advisory Committee on June 9, 2016,
thorized to be appropriated to the Secretary to
Director shall carry out a research and develop- entitled ‘Report on Facility Upgrades’, includ-
carry out the upgrade under this paragraph—
ment program in basic energy sciences, includ- ing the development of experimental capabilities
‘‘(i) $17,000,000 for fiscal year 2023;
ing materials sciences and engineering, chemical for high energy x-rays to reveal fundamental
‘‘(ii) $14,202,000 for fiscal year 2024; and
sciences, physical biosciences, geosciences, and scientific discoveries; and
‘‘(iii) $1,567,000 for fiscal year 2025.
other disciplines, to understand, model, and ‘‘(6) SPALLATION NEUTRON SOURCE SECOND ‘‘(ii) ensure such upgrade enables the produc-
control matter and energy at the electronic, TARGET STATION.— tion and use of high energy, ultra-short pulse x-
atomic, and molecular levels in order to provide ‘‘(A) IN GENERAL.—The Secretary shall pro- rays delivered at a high repetition rate.
the foundations for new energy technologies, vide for a second target station for the Spall- ‘‘(C) START OF OPERATIONS.—The Secretary
address scientific grand challenges, and support ation Neutron Source. shall, subject to the availability of appropria-
the energy, environment, and national security ‘‘(B) SECOND TARGET STATION DEFINED.—In tions, ensure that the start of full operations of
missions of the Department. this paragraph, the term ‘second target station’ the upgrade under this paragraph occurs before
‘‘(b) SUSTAINABLE CHEMISTRY.—In carrying means the Spallation Neutron Source second December 31, 2026.
out chemistry-related research and development target station described in— ‘‘(D) FUNDING.—Out of funds authorized to be
activities under this section, the Director shall ‘‘(i) the publication entitled, ‘Facilities for the appropriated under subsection (j), there are au-
prioritize research and development of sustain- Future of Science: A Twenty-Year Outlook’, thorized to be appropriated to the Secretary to
able chemistry to support clean, safe, and eco- published by the Office of Science of the Depart- carry out the upgrade under this paragraph—
nomic alternatives and methodologies to tradi- ment in December, 2003; ‘‘(i) $100,000,000 for fiscal year 2023;
tional chemical products and processes.’’; ‘‘(ii) the publication entitled, ‘Four Years ‘‘(ii) $130,000,000 for fiscal year 2024;
(3) in subsection (d), as so redesignated— Later: An Interim Report on Facilities for the ‘‘(iii) $135,000,000 for fiscal year 2025; and
(A) in paragraph (3)— Future of Science: A Twenty-Year Outlook’, ‘‘(iv) $99,343,000 for fiscal year 2026.
(i) in subparagraph (C), by striking ‘‘and’’ at published by the Office of Science of the Depart- ‘‘(9) CRYOMODULE REPAIR AND MAINTENANCE
the end; ment in August, 2007; and FACILITY.—
(ii) by redesignating subparagraph (D) as sub- ‘‘(iii) the publication approved by the Basic ‘‘(A) IN GENERAL.—The Secretary shall pro-
paragraph (E); and Energy Sciences Advisory Committee on June 9, vide for the construction of a cryomodule repair
(iii) by inserting after subparagraph (C) the 2016, entitled ‘Report on Facility Upgrades’. and maintenance facility to service the Linac
following: ‘‘(C) START OF OPERATIONS.—The Secretary Coherent Light Source II and subsequent up-
‘‘(D) autonomous chemistry and materials shall, subject to the availability of appropria- grades.
synthesis and characterization facilities that le- tions, ensure that the start of full operations of ‘‘(B) CONSULTATION REQUIRED.—The Sec-
verage advances in artificial intelligence; and’’; the second target station under this paragraph retary shall consult with the private sector, in-
and occurs before December 31, 2033, with the option stitutions of higher education, National Labora-
(B) by adding at the end the following: for early operation in 2029. tories, and relevant Federal agencies to ensure
‘‘(4) ADVANCED PHOTON SOURCE UPGRADE.— ‘‘(D) FUNDING.—Out of funds authorized to be that the facility described in subparagraph (A)
‘‘(A) DEFINITIONS.—In this paragraph: appropriated under subsection (j), there are au- has the capability to maintain, repair, and test
‘‘(i) FLUX.—The term ‘flux’ means the rate of thorized to be appropriated to the Secretary to superconducting radio frequency accelerator
flow of photons. carry out the activities under this paragraph, components.
‘‘(ii) HARD X-RAY.—The term ‘hard x-ray’ including construction— ‘‘(C) FUNDING.—Out of funds authorized to be
means a photon with energy greater than 20 ‘‘(i) $127,000,000 for fiscal year 2023; appropriated under subsection (j), there are au-
kiloelectron volts. ‘‘(ii) $205,000,000 for fiscal year 2024; thorized to be appropriated to the Secretary to
‘‘(B) UPGRADE.—The Secretary shall provide ‘‘(iii) $279,000,000 for fiscal year 2025; carry out the activities under this paragraph—
for the upgrade to the Advanced Photon Source ‘‘(iv) $300,000,000 for fiscal year 2026; and ‘‘(i) $29,300,000 for fiscal year 2023;
described in the publication approved by the ‘‘(v) $281,000,000 for fiscal year 2027. ‘‘(ii) $24,000,000 for fiscal year 2024;
Basic Energy Sciences Advisory Committee on ‘‘(7) ADVANCED LIGHT SOURCE UPGRADE.— ‘‘(iii) $20,000,000 for fiscal year 2025; and
June 9, 2016, entitled ‘Report on Facility Up- ‘‘(A) DEFINITIONS.—In this paragraph: ‘‘(iv) $15,700,000 for fiscal year 2026.
dlhill on DSK120RN23PROD with HOUSE
grades’, including the development of a ‘‘(i) FLUX.—The term ‘flux’ means the rate of ‘‘(10) NANOSCALE SCIENCE RESEARCH CENTER
multibend achromat lattice to produce a high flow of photons. RECAPITALIZATION PROJECT.—
flux of coherent x-rays within the hard x-ray ‘‘(ii) SOFT X-RAY.—The term ‘soft x-ray’ ‘‘(A) IN GENERAL.—The Secretary shall pro-
energy region and a suite of beamlines optimized means a photon with energy in the range from vide for the recapitalization of the Nanoscale
for this source. 50 to 2,000 electron volts. Science Research Centers, to include the up-
‘‘(C) START OF OPERATIONS.—The Secretary ‘‘(B) UPGRADE.—The Secretary shall provide grade of equipment at each Center supported by
shall, subject to the availability of appropria- for the upgrade to the Advanced Light Source the Office of Science on the date of enactment of
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H7286 CONGRESSIONAL RECORD — HOUSE July 28, 2022
the Research and Development, Competition, ‘‘(D) RENEWAL.—Upon the expiration of any ecosystem linking fundamental research and de-
and Innovation Act, to accelerate advances in period of support of a center under this sub- velopment to deployment of storage solutions
the various fields of science including nano- section, the Director may renew support for the while minimizing the environmental impacts of
science, materials, chemistry, biology, and center, on a merit-reviewed basis, for a period of energy storage technologies.’’; and
quantum information science. not more than 5 years. (B) in paragraph (2)—
‘‘(B) FUNDING.—Out of funds authorized to be ‘‘(i) MATERIALS RESEARCH DATABASE.— (i) in subparagraph (A), by striking ‘‘and’’
appropriated under subsection (j), there are au- ‘‘(1) IN GENERAL.—The Director shall support after the semicolon at the end;
thorized to be appropriated to the Secretary to the development of a web-based platform to de- (ii) in subparagraph (B), by striking the pe-
carry out the recapitalization under this para- velop and provide access to a database of com- riod at the end and inserting ‘‘; and’’; and
graph— puted information on known and predicted ma- (iii) by adding at the end the following:
‘‘(i) $25,000,000 for fiscal year 2023; and terials properties and computational tools to ac- ‘‘(C) any other relevant office of the Depart-
‘‘(ii) $25,000,000 for fiscal year 2024. celerate breakthroughs in materials discovery ment.’’;
‘‘(11) NATIONAL SYNCHROTRON LIGHT SOURCE II and design. (2) in subsection (b), by striking paragraph (4)
BEAMLINE BUILDOUT.— ‘‘(2) PROGRAM.—In carrying out this sub- and inserting the following:
‘‘(A) IN GENERAL.—The Secretary shall pro- section, the Director shall— ‘‘(4) FUNDING.—Of the funds authorized to be
vide for the development and construction of ex- ‘‘(A) conduct cooperative research among Na- appropriated for basic energy sciences in a fiscal
perimental stations to provide significant addi- tional Laboratories, industry, academia, and year, there is authorized to be appropriated to
tional beamline and instrument capacity, com- other research institutions to advance under- the Secretary to carry out activities under this
plement the existing portfolio of beamlines, and standing, prediction, and manipulation of mate- subsection $50,000,000 for each of fiscal years
complete the buildout of the National Synchro- rials and facilitate the design of novel materials; 2023 through 2027.’’;
tron Light Source II. ‘‘(B) develop and maintain data infrastruc- (3) in subsection (c), by striking paragraph (4)
‘‘(B) START OF OPERATIONS.—Subject to the ture at user facilities that generate data to col- and inserting the following:
availability of appropriations, the Secretary— lect, analyze, label, and otherwise prepare the ‘‘(4) FUNDING.—Of the funds authorized to be
‘‘(i) shall begin carrying out subparagraph data for inclusion in the database; appropriated for basic energy sciences in a fiscal
(A) not later than September 30, 2036; and ‘‘(C) leverage existing high performance com- year, there is authorized to be appropriated to
‘‘(ii) may begin carrying out subparagraph puting systems to conduct high throughput cal- the Secretary to carry out activities under this
(A)— culations, and develop computational and data subsection $50,000,000 for each of fiscal years
‘‘(I) in calendar year 2033; or 2023 through 2027.’’; and
mining algorithms for the prediction of material
‘‘(II) after the construction of individual
properties; (4) in subsection (d), by striking paragraph (4)
beamlines is complete.’’; and
‘‘(D) strengthen the foundation for new tech- and inserting the following:
(4) by adding at the end the following:
‘‘(h) COMPUTATIONAL MATERIALS AND CHEM- nologies and advanced manufacturing; and ‘‘(4) FUNDING.—Of the funds authorized to be
ICAL SCIENCES.— ‘‘(E) drive the development of advanced mate- appropriated for basic energy sciences in a fiscal
‘‘(1) IN GENERAL.—The Director shall support rials for applications that span the Depart- year, there is authorized to be appropriated to
a program of research and development for the ment’s missions in energy, environment, and na- the Secretary to carry out activities under this
application of advanced computing practices to tional security. subsection $20,000,000 for each of fiscal years
foundational and emerging research problems in ‘‘(3) COORDINATION.—In carrying out this sub- 2023 through 2027.’’.
chemistry and materials science. Research ac- section, the Director shall leverage programs (d) FOUNDATIONAL NUCLEAR SCIENCE.—
tivities shall include— and activities across the Department, including (1) IN GENERAL.—The Director of the Office of
‘‘(A) chemical catalysis research and develop- computational materials and chemical sciences Science shall support a program of research and
ment; centers established under subsection (h). development to bridge scientific barriers to, and
‘‘(B) the use of large data sets to model mate- ‘‘(4) FUNDING.—Out of funds authorized to be expand theoretical and fundamental knowledge
rials phenomena, including through advanced appropriated under subsection (j), there is au- relevant to, understanding nuclear materials
characterization of materials, materials syn- thorized to be appropriated to the Secretary to and matter for the benefit of commerce, medi-
thesis, processing, and innovative use of experi- carry out activities under this subsection cine, and national security.
mental and theoretical data; $10,000,000 for each of fiscal years 2023 through (2) ACTIVITIES.—As part of the program de-
‘‘(C) codesign of chemical system and chem- 2027. scribed in paragraph (1)—
istry modeling software with advanced com- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— (A) the Director of the Office of Science shall
puting systems and hardware technologies; and Out of funds authorized to be appropriated to support basic research to pursue distinct lines of
‘‘(D) modeling of chemical processes, assem- the Office of Science in a fiscal year, there are scientific inquiry, including—
blies, and reactions such as molecular dynamics authorized to be appropriated to the Secretary (i) research in nuclear materials science, in-
and quantum chemistry, including through to carry out the activities described in this sec- cluding the application of advanced computing
novel computing methods. tion— practices to foundational and emerging research
‘‘(2) COMPUTATIONAL MATERIALS AND CHEM- ‘‘(1) $2,685,414,000 for fiscal year 2023; areas in nuclear materials science and dis-
ICAL SCIENCES CENTERS.— ‘‘(2) $2,866,890,840 for fiscal year 2024; covery, such as—
‘‘(A) IN GENERAL.—In carrying out the activi- ‘‘(3) $2,987,727,170 for fiscal year 2025; (I) the advanced characterization of mate-
ties authorized under paragraph (1), the Direc- ‘‘(4) $3,062,732,781 for fiscal year 2026; and rials;
tor shall select and establish up to 6 computa- ‘‘(5) $3,080,067,167 for fiscal year 2027.’’. (II) materials synthesis;
tional materials and chemical sciences centers (b) ARTIFICIAL PHOTOSYNTHESIS.—Section 973 (III) processing;
to— of the Energy Policy Act of 2005 (42 U.S.C. (IV) the innovative use of experimental and
‘‘(i) develop open-source, robust, and vali- 16313) is amended— theoretical data; and
dated computational codes and user-friendly (1) in subsection (b), by striking paragraph (4) (V) mechanical behavior in unique environ-
software, coupled with innovative use of experi- and inserting the following: ments, including the effects of radiation;
mental and theoretical data, to enable the de- ‘‘(4) FUNDS.—Of the funds authorized to be (ii) electrochemistry research and associated
sign, discovery, and development of new mate- appropriated for basic energy sciences in a fiscal techniques for processing nuclear materials;
rials and chemical systems; and year, there is authorized to be appropriated to (iii) the development of advanced instrumen-
‘‘(ii) focus on overcoming challenges and the Secretary to carry out activities under this tation and nuclear data collection to inform the
maximizing the benefits of exascale and other subsection $50,000,000 for each of fiscal years activities described in clauses (i) and (ii); and
high performance computing underpinned by 2023 through 2027.’’; and (iv) any other area of research, as determined
accelerated node technologies. (2) in subsection (c), by striking paragraph (4) by the Director of the Office of Science; and
‘‘(B) SELECTION.—The Director shall select and inserting the following: (B) the Assistant Secretary for Nuclear En-
centers under subparagraph (A) on a competi- ‘‘(4) FUNDS.—Of the funds authorized to be ergy shall consult with the Director of the Of-
tive, merit-reviewed basis. The Director shall appropriated for basic energy sciences in a fiscal fice of Science to support the direction of
consider applications from the National Labora- year, there is authorized to be appropriated to translational research, development, and valida-
tories, institutions of higher education, multi-in- the Secretary to carry out activities under this tion of physical concepts developed under the
stitutional collaborations, and other appropriate subsection $50,000,000 for each of fiscal years program.
entities. 2023 through 2027.’’. (3) FUNDING.—Of the funds authorized to be
‘‘(C) DURATION.— (c) ELECTRICITY STORAGE RESEARCH INITIA- appropriated for basic energy sciences in a fiscal
‘‘(i) NEW CENTERS.—A center selected under TIVE.—Section 975 of the Energy Policy Act of year, there is authorized to be appropriated to
subparagraph (A) shall receive support for a pe- 2005 (42 U.S.C. 16315) is amended— the Secretary of Energy to carry out activities
riod of not more than 5 years beginning on the (1) in subsection (a)— under this subsection $50,000,000 for each of fis-
date of establishment of that center, subject to (A) in paragraph (1)— cal years 2023 through 2027.
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the availability of appropriations. (i) in subparagraph (A)(ii), by striking ‘‘and’’ (e) CARBON MATERIALS SCIENCE INITIATIVE.—
‘‘(ii) EXISTING CENTERS.—A center already in after the semicolon at the end; (1) INITIATIVE.—
existence on the date of enactment of the Re- (ii) in subparagraph (B), by striking the pe- (A) IN GENERAL.—The Director of the Office of
search and Development, Competition, and In- riod at the end and inserting ‘‘; and’’; and Science (referred to in this subsection as the
novation Act may continue to receive support (iii) by adding at the end the following: ‘‘Director’’) shall establish a research initiative,
for a period of not more than 5 years beginning ‘‘(C) to ensure the competitiveness of the to be known as the ‘‘Carbon Materials Science
on the date of establishment of that center. United States in energy storage by fostering an Initiative’’ (referred to in this subsection as the
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7287
‘‘Initiative’’), to expand the fundamental (IV) identifying novel pathways and materials (vi) predictive understanding of coupled proc-
knowledge of coal, coal-wastes, and carbon ore for carbon storage and conversion into useful esses in complex subsurface geologic systems for
chemistry useful for understanding the conver- products. secure carbon storage.
sion of carbon to material products. (B) SELECTION.—The Director shall— (C) REVIEW.—The Secretary shall periodically
(B) COORDINATION.—In carrying out programs (i) select Centers under subparagraph (A) on review activities carried out under the program
and activities under the Initiative, the Director a competitive, merit-reviewed basis; and described in subparagraph (A) to evaluate
shall leverage expertise and resources from the (ii) consider applications from the National achievement of scientific objectives and research
Office of Fossil Energy and Carbon Manage- Laboratories, institutions of higher education, milestones.
ment and the United States Geological Survey. multi-institutional collaborations, and other ap- (3) CARBON STORAGE RESEARCH AND GEOLOGIC
(C) TEAMS.— propriate entities. COMPUTATIONAL SCIENCE CENTERS.—
(i) IN GENERAL.—In carrying out the Initia- (C) DURATION.—A Center shall receive support (A) IN GENERAL.—In carrying out the activi-
tive, the Director shall establish and organize for a period of not more than 5 years beginning ties authorized under paragraph (2), the Sec-
activities among multidisciplinary teams to le- on the date of establishment of that Center, sub- retary shall select and establish not more than
verage, to the maximum extent practicable, ex- ject to the availability of appropriations. 2 carbon storage research and geologic computa-
pertise from the National Laboratories, institu- (D) RENEWAL.—On the expiration of any pe- tional science centers (referred to in this para-
tions of higher education, and the private sec- riod of support of a Center, the Director may graph as a ‘‘Center’’) to develop and advance
tor. renew support for that Center, on a merit-re- improvements to data collection, analysis, and
(ii) GOALS.—The multidisciplinary teams de- viewed basis, for a period of not more than 5 modeling of subsurface geology for the purpose
scribed in clause (i) shall pursue expedient, years. of advancing carbon sequestration in geologic
milestone-driven research goals established by (E) EXISTING FACILITIES.—The Director formations.
the Director. shall— (B) SELECTION.—
(2) RESEARCH PROGRAM.— (i) ensure that the research activities carried (i) IN GENERAL.—The Secretary shall—
(A) IN GENERAL.—The Director shall carry out out by the Centers are not duplicative of exist- (I) select Centers under subparagraph (A) on
under the Initiative a program to support, and ing efforts; and a competitive, merit-reviewed basis; and
discover fundamental knowledge relevant to, (ii) if practicable, leverage existing user facili- (II) to the maximum extent practicable, locate
carbon materials and carbon ore processing re- ties and other capabilities of the Department of each Center in a geographically diverse region
search. Energy to carry out the research objectives of with established and ongoing geologic carbon
(B) ACTIVITIES.—As part of the program de- the Centers. sequestration research and demonstration.
scribed in subparagraph (A), the Director shall, (f) CARBON SEQUESTRATION RESEARCH AND (ii) APPLICATIONS.—In selecting Centers under
in coordination with the Assistant Secretary of GEOLOGIC COMPUTATIONAL SCIENCE INITIA- subparagraph (A), the Secretary shall consider
Energy for Fossil Energy and Carbon Manage- TIVE.— applications from institutions of higher edu-
ment, as appropriate, support research to pur- (1) INITIATIVE.— cation, multi-institutional collaborations, and
sue distinct lines of scientific inquiry, includ- (A) IN GENERAL.—The Secretary of Energy (re- other appropriate entities.
ing— ferred to in this subsection as the ‘‘Secretary’’) (C) DURATION.—
(i) methods of extraction, processing, recy- shall establish a research initiative, to be known (i) NEW CENTERS.—A Center established after
cling, and utilization of the materials and valu- as the ‘‘Carbon Sequestration Research and the date of enactment of this Act shall receive
able minerals contained in raw coal and coal- Geologic Computational Science Initiative’’ (re- support for a period of not more than 5 years be-
waste; ferred to in this subsection as the ‘‘Initiative’’), ginning on the date of establishment of that
(ii) methods of improving performance, cost, to expand the fundamental knowledge, data col- Center, subject to the availability of appropria-
and availability of materials for use in carbon lection, data analysis, and modeling of sub- tions.
capture systems; and surface geology for the purpose of advancing (ii) EXISTING CENTERS.—A Center already in
(iii) unconventional pathways and materials carbon sequestration in geologic formations. existence on the date of enactment of this Act
for conversion of carbon dioxide molecules, min- (B) LEVERAGING.—In carrying out programs may continue to receive support for a period of
erals, and materials. and activities under the Initiative, the Secretary not more than 5 years beginning on that date of
(C) REVIEW.—The Director shall periodically shall leverage expertise and resources from the enactment.
review activities carried out under the program Office of Fossil Energy and Carbon Manage- (iii) RENEWAL.—On expiration of a period of
described in subparagraph (A) to evaluate the ment and the United States Geological Survey. support described in clause (i) or (ii), the Sec-
achievement of scientific objectives and research (C) TEAMS.— retary may renew support for the Center, on a
milestones. (i) IN GENERAL.—In carrying out the Initia- merit-reviewed basis, for a period of not more
(D) COORDINATION WITH EXISTING PROGRAMS tive, the Secretary shall establish and organize than 5 years.
AND CENTERS.—In carrying out the program de- activities among multidisciplinary teams to le- (4) COORDINATION WITH EXISTING PROGRAMS
scribed in subparagraph (A), the Director verage, to the maximum extent practicable, ex- AND CENTERS.—In carrying out this subsection,
shall— pertise from the National Laboratories, institu- the Secretary shall—
(i) ensure coordination and knowledge shar- tions of higher education, and the private sec- (A) ensure coordination with—
ing with— tor. (i) the United States Geological Survey; and
(I) the United States Geological Survey; and (ii) GOALS.—The multidisciplinary teams de- (ii) the programs established under section 963
(II) the programs and the Carbon Utilization scribed in clause (i) shall pursue aggressive, of the Energy Policy Act of 2005 (42 U.S.C.
Research Center established under section 969A milestone-driven research goals established by 16293); and
of the Energy Policy Act of 2005 (42 U.S.C. the Secretary. (B) avoid duplication of efforts to the max-
16298a); and (D) ADDITIONAL ACTIVITIES.—The Secretary imum extent practicable.
(ii) avoid duplication of efforts to the max- may organize additional activities under this (g) FUNDING FOR CARBON INITIATIVES.—Of the
imum extent practicable. subsection through other organizational struc- funds authorized to be appropriated for basic
(3) CARBON MATERIALS RESEARCH CENTERS.— tures. energy sciences in a fiscal year, there is author-
(A) IN GENERAL.—In carrying out the activi- (2) RESEARCH PROGRAM.— ized to be appropriated to the Secretary to carry
ties authorized under paragraph (2), the Direc- (A) IN GENERAL.—The Secretary shall carry out activities under subsections (e) and (f)
tor shall establish 1 center in each of the 2 major out under the Initiative a program to support $50,000,000 for each of fiscal years 2023 through
coal-producing regions of the United States, research needed for, and discover knowledge rel- 2027.
each of which shall— evant to, the sequestration of carbon in geologic SEC. 10103. BIOLOGICAL AND ENVIRONMENTAL
(i) be known as a ‘‘Carbon Materials Research formations. RESEARCH.
Center’’ (referred to in this paragraph as a (B) ACTIVITIES.—As part of the program de- (a) PROGRAM; BIOLOGICAL SYSTEMS; BIO-
‘‘Center’’); and scribed in subparagraph (A), the Director of the MOLECULAR CHARACTERIZATION AND IMAGING
(ii) focus on early stage research and develop- Office of Science shall support fundamental re- SCIENCE.—Section 306 of the Department of En-
ment activities, including— search to pursue distinct lines of scientific in- ergy Research and Innovation Act (42 U.S.C.
(I) developing and advancing methods of ex- quiry, including— 18644) is amended—
tracting, processing, or recycling carbon or (i) gathering geologic data for pore space (1) in subsection (c), by redesignating para-
other valuable materials or minerals from raw characterization, including improvements to graphs (6) through (8) as paragraphs (5)
coal, coal-waste, or other solid carbon materials, geologic seismic imaging; through (7), respectively;
for the development of new carbon-based mate- (ii) evaluating pore space quality, including (2) by redesignating subsections (b) through
rials; evaluation of geologic samples, to determine ap- (d) as subsections (d) through (f), respectively;
(II) methods of improving the structural, propriate sequestration zones for carbon; (3) by striking subsection (a) and inserting the
physical, and chemical properties of carbon- (iii) testing carbon sequestration; following:
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based materials or other valuable materials from (iv) monitoring carbon migration in geologic ‘‘(a) PROGRAM.—As part of the duties of the
raw coal, coal-waste, or other solid carbon ma- formations; Director authorized under section 209 of the De-
terials and their recyclability; (v) advancements in data analytics, including partment of Energy Organization Act (42 U.S.C.
(III) overcoming the challenges and maxi- the analysis of seismic data, and computational 7139), and coordinated with the activities au-
mizing the benefits of commercially extracting, science to improve the advanced computing, vis- thorized under sections 303 and 304, the Director
producing, or improving coal-derived carbon ualization, and imaging of geologic formations shall carry out a program of research and devel-
and resulting products; and for the sequestration of carbon; and opment in the areas of biological systems science
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H7288 CONGRESSIONAL RECORD — HOUSE July 28, 2022
and climate and environmental science, includ- tion purposes to understand the structural, spa- mental Protection Agency, the National Aero-
ing subsurface science, relevant to the develop- tial, and temporal relationships of metabolic nautics and Space Administration, the Depart-
ment of new energy technologies and to support processes governing phenotypic expression in ment of Agriculture, the Department of the Inte-
the energy, environmental, and national secu- plants and microbes; rior, and any other relevant agencies to carry
rity missions of the Department. ‘‘(11) to conduct research focused on geno- out activities relating to Earth and environ-
‘‘(b) BIOLOGICAL SYSTEMS.—The Director shall type-to-phenotype translations to develop a pre- mental systems science research, which may in-
carry out research and development activities in dictive understanding of cellular function under clude activities—
genomic science including fundamental research a variety of relevant environmental and bio- ‘‘(A) to understand, observe, measure, and
on plants and microbes to increase systems-level energy-related conditions; model the response of Earth’s atmosphere and
understanding of the complex biological systems, ‘‘(12) to conduct metagenomic and metadata biosphere to changing concentrations of green-
which may include activities— assembly research sequencing and analysis; and house gas emissions and any associated changes
‘‘(1) to provide a fundamental understanding ‘‘(13) to develop other relevant methods and in climate, including frequency and intensity of
of the biology of plants, fungi, and microbes as processes as determined by the Director. extreme weather events;
a basis for developing innovative processes for ‘‘(c) BIOMOLECULAR CHARACTERIZATION AND ‘‘(B) to understand the coupled physical,
bioenergy and bioproducts and accelerate break- IMAGING SCIENCE.—The Director shall carry out chemical, and biological processes to transform,
throughs and new knowledge that would enable research and development activities in biomolec- immobilize, remove, or move carbon, nitrogen,
the cost-effective, sustainable production of— ular characterization and imaging science, in- and other energy production-derived contami-
‘‘(A) advanced biofuels; cluding development of new and integrative im- nants such as radionuclides and heavy metals,
‘‘(B) bioenergy; and aging and analysis platforms and biosensors to and understand the process of sequestration and
‘‘(C) biobased materials; understand the expression, structure, and func- transformation of these, carbon dioxide, and
‘‘(2) to conduct foundational functional sys- tion of genome information encoded within cells other relevant molecules in subsurface environ-
tems biology research— and for real-time measurements in ecosystems ments;
‘‘(A) to support expanded biosystems design and field sites of relevance to the mission of the ‘‘(C) to understand, observe, and model the
research; and Department.’’; and cycling of water, carbon, and nutrients in ter-
‘‘(B) to understand— (4) by adding at the end the following: restrial systems across spatiotemporal scales;
‘‘(i) fundamental genome structure; and ‘‘(l) DEFINITIONS.—In this section: ‘‘(D) to understand the biological, biogeo-
‘‘(ii) phenomes, including functional genomics ‘‘(1) ADVANCED BIOFUEL.—The term ‘advanced chemical, and physical processes across the mul-
of gene products at genome scale; biofuel’ has the meaning given the term in sec- tiple scales that control the flux of environ-
‘‘(3) to develop biosystems designs and syn- tion 9001 of the Farm Security and Rural Invest- mentally relevant compounds between the ter-
thetic biology approaches for new nonfood ment Act of 2002 (7 U.S.C. 8101). restrial surface and the atmosphere; and
plant-derived and microbially derived bioprod- ‘‘(2) BIOENERGY.—The term ‘bioenergy’ means ‘‘(E) to understand and predict interactions
ucts as a basis for new bioeconomy and bio- energy derived from biofuels. among natural and human systems to inform
technology applications in bioproducts produc- ‘‘(3) BIOMASS.—The term ‘biomass’ has the potential mitigation and adaptation options for
tion, resource recovery, recycling, and upcycling meaning given the term in section 203(b) of the increased concentrations of greenhouse gas
ventures; Energy Policy Act of 2005 (42 U.S.C. 15852(b)). emissions and any associated changes in cli-
‘‘(4) to better understand the behavior of ‘‘(4) BIOPRODUCT.—The term ‘bioproduct’ has mate.
microbiomes in the environment and the inter- the meaning given the term ‘biobased product’ ‘‘(2) PRIORITIZATION.—In carrying out the
dependencies between plants and microbes in a in section 9001 of the Farm Security and Rural program authorized under paragraph (1), the
sustainable ecosystem; Investment Act of 2002 (7 U.S.C. 8101).’’. Director shall prioritize—
‘‘(5) to improve fundamental understanding of (b) LOW-DOSE RADIATION RESEARCH PRO- ‘‘(A) the development of software and algo-
plant and microbial processes impacting the GRAM.—Paragraph (8) of subsection (e) of sec- rithms to enable the productive application of
global carbon cycle, including processes for re- tion 306 of the Department of Energy Research environmental systems and extreme weather in
moving carbon dioxide from the atmosphere, and Innovation Act (42 U.S.C. 18644), as redes- climate and Earth system prediction models in
through photosynthesis and other biological ignated by subsection (a)(2), is amended— high-performance computing systems; and
processes, for sequestration, storage, and utili- (1) in subparagraph (C), by striking ‘‘and’’; ‘‘(B) capabilities that support the Depart-
zation; (2) in subparagraph (D), by striking the pe- ment’s mission needs for energy and infrastruc-
‘‘(6) to understand the microbiome mecha- riod at the end and inserting a semicolon; and ture security, resilience, and reliability.
nisms and microbiota used to transform, immo- (3) by adding at the end the following: ‘‘(3) ENVIRONMENTAL SYSTEMS SCIENCE RE-
bilize, or remove contaminants from subsurface ‘‘(E) $40,000,000 for fiscal year 2025; SEARCH.—
environments and that affect the cycling and ‘‘(F) $50,000,000 for fiscal year 2026; and ‘‘(A) IN GENERAL.—As part of the activities de-
disposition of carbon, nutrients, and contami- ‘‘(G) $50,000,000 for fiscal year 2027.’’. scribed in paragraph (1), the Director shall
nants in the environment; (c) LOW-DOSE RADIATION AND SPACE RADI- carry out research to advance an integrated, ro-
‘‘(7) to develop the computational approaches ATION RESEARCH PROGRAM.—Subsection (f) of bust, and scale-aware predictive understanding
and integrated platforms for open access col- section 306 of the Department of Energy Re- of environmental systems, including the role of
laborative science; search and Innovation Act (42 U.S.C. 18644), as hydrobiogeochemistry, from the subsurface to
‘‘(8) to leverage tools and approaches across redesignated by subsection (a)(2), is amended to the top of the vegetative canopy that considers
the Office of Science to expand research to in- read as follows: effects of seasonal to interannual variability
clude novel processes, methods, and science to ‘‘(f) LOW-DOSE RADIATION AND SPACE RADI- and change.
develop bio-based chemicals, polymers, inor- ATION RESEARCH PROGRAM.— ‘‘(B) CLEAN WATER AND WATERSHED RE-
ganic materials, including research— ‘‘(1) IN GENERAL.—The Secretary, in consulta- SEARCH.—As part of the activities described in
‘‘(A) to advance fungal, microbial, and plant tion with the Administrator of the National Aer- subparagraph (A), the Director shall—
biosystems design research to advance the un- onautics and Space Administration, shall carry ‘‘(i) support interdisciplinary research to sig-
derstanding of how CRISPR tools and other out a basic research program on the similarities nificantly advance our understanding of water
gene editing tools and technologies work in na- and differences between the effects of exposure availability, quality, and the impact of human
ture, in the laboratory, and in practice; to low-dose radiation on Earth, in low Earth activity and a changing climate on urban and
‘‘(B) to deepen genome-enabled knowledge of orbit, and in the space environment. rural watershed systems, including in fresh-
the roles of microbes and microbial communities, ‘‘(2) PURPOSE.—The purpose of the program water environments;
including fungi, in— described in paragraph (1) is to accelerate ‘‘(ii) consult with the Interagency Research,
‘‘(i) supporting plant and tree growth, pro- breakthroughs in low-dose and low dose-rate ra- Development, and Demonstration Coordination
ductivity, performance, adaptation, and resil- diation research and development as described Committee on the Nexus of Energy and Water
ience in changing environmental conditions; in subsection (e) and to inform the advancement for Sustainability established under section 1010
and of new tools, technologies, and advanced mate- of the Energy Act of 2020 (Public Law 116–260)
‘‘(ii) optimizing end uses of biomass; rials needed to facilitate long-duration space ex- on energy-water nexus research activities;
‘‘(C) to develop biosystems design methods and ploration.’’. ‘‘(iii) engage with representatives of research
tools to increase the efficiency of photosynthesis (d) CLIMATE, ENVIRONMENTAL SCIENCE, AND and academic institutions, nonprofit organiza-
in plants; and OTHER ACTIVITIES.—Section 306 of the Depart- tions, State, territorial, local, and Tribal govern-
‘‘(D) to increase the scale and pace of charac- ment of Energy Research and Innovation Act ments, and industry, who have expertise in
terizing the functions and physical characteris- (42 U.S.C. 18644) (as amended by subsection (a)) technologies, technological innovations, or prac-
tics of microbes and microbial communities to is amended by inserting after subsection (f) the tices relating to the energy-water nexus, as ap-
improve biosystems design; following: plicable; and
‘‘(9) to conduct research focused on devel- ‘‘(g) EARTH AND ENVIRONMENTAL SYSTEMS ‘‘(iv) coordinate with the National Oceanic
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oping analysis techniques and simulation capa- SCIENCES ACTIVITIES.— and Atmospheric Administration, the National
bilities, including artificial intelligence and ma- ‘‘(1) IN GENERAL.—As part of the activities au- Science Foundation, the Environmental Protec-
chine learning, on high-performance computing thorized under subsection (a), and in coordina- tion Agency, the National Aeronautics and
platforms to accelerate collaborative and repro- tion with activities carried out under subsection Space Administration, the Department of Agri-
ducible systems biology research; (b), the Director shall coordinate with the Na- culture, the Department of the Interior, and any
‘‘(10) to develop and improve new technologies tional Oceanic and Atmospheric Administration, other relevant agency.
for bioimaging, measurement, and characteriza- the National Science Foundation, the Environ- ‘‘(C) COORDINATION.—
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7289
‘‘(i) DIRECTOR.—The Director shall carry out ‘‘(vii) understanding and modeling represen- ‘‘(B) APPLICANTS.—In selecting user facilities
activities under this paragraph in accordance tation of priority research areas, including aer- under paragraph (1), the Director shall consider
with priorities established by the Secretary to osol, warm boundary layer, convective, and applications from the National Laboratories, in-
support and accelerate the decontamination of high-latitude processes. stitutions of higher education, multi-institu-
relevant facilities managed by the Department. ‘‘(B) ACTIVITIES.—In carrying out the Atmos- tional collaborations, and other appropriate en-
‘‘(ii) SECRETARY.—The Secretary shall ensure pheric Systems and Sciences Research Program, tities.
the coordination of activities of the Department, the Director shall, in coordination, and as ap- ‘‘(3) FACILITY REQUIREMENTS.—To the max-
including activities under this paragraph, to propriate, in collaboration, with other relevant imum extent practicable, the user facilities de-
support and accelerate the decontamination of Federal agencies— veloped, constructed, operated, or maintained
relevant facilities managed by the Department. ‘‘(i) collect data and conduct research to ad- under paragraph (1) shall include—
‘‘(4) CLIMATE AND EARTH MODELING.—As part vance atmospheric and Earth system modeling ‘‘(A) distributed field research and observa-
of the activities described in paragraph (1), the capabilities; tion platforms for understanding earth system
Director, in collaboration with the Advanced ‘‘(ii) develop or participate in existing or fu- processes;
Scientific Computing Research program de- ture integrated, scalable test-beds that— ‘‘(B) analytical techniques, instruments, and
scribed in section 304 and other programs car- ‘‘(I) incorporate process-level understanding modeling resources, including high-throughput
ried out by the Department, as applicable, and of the life cycles of aerosols, clouds, and precipi- molecular phenotyping, for understanding and
in coordination with the National Oceanic and tation; and predicting the functional processes of biological
Atmospheric Administration, the National ‘‘(II) can be incorporated into other models; and environmental systems;
Science Foundation, the National Aeronautics ‘‘(iii) improve data, analysis, and prediction ‘‘(C) integrated high-throughput sequencing,
and Space Administration, and other relevant systems in marine, littoral, terrestrial, and arc- advanced bioanalytic techniques, DNA design
agencies, shall carry out research to develop, tic environments, including those environments and synthesis, metabolomics, and computational
evaluate, and use high-resolution regional cli- sensitive to changes in the climate, relating to analysis; and
mate, global climate, Earth system, and other the energy and science mission of the Depart- ‘‘(D) such other facilities as the Director con-
relevant models to inform decisions on reducing ment; and siders appropriate, consistent with section 209 of
greenhouse gas emissions and the resulting im- ‘‘(iv) support the development of technologies the Department of Energy Organization Act (42
pacts of a changing global climate. Such mod- relating to— U.S.C. 7139).
eling shall include— ‘‘(I) more accurate cloud, aerosol, and other ‘‘(4) EXISTING FACILITIES.—In carrying out the
‘‘(A) integrated capabilities for modeling atmospheric sensors; program established under paragraph (1), the
multisectoral interactions, including the impacts ‘‘(II) observing sensor networks; and Director is encouraged to evaluate the capabili-
of climate policies on human systems and the ‘‘(III) computational predictive modeling. ties of existing user facilities and, to the max-
interdependencies and risks at the energy- ‘‘(C) USE OF ATMOSPHERIC RADIATION MEAS- imum extent practicable, invest in moderniza-
water-land nexus; UREMENT PROGRAM FACILITIES AND INFRASTRUC- tion of those capabilities to address emerging re-
‘‘(B) greenhouse gas emissions, air quality, TURE.—To support the Atmospheric Systems and search priorities.
energy supply and demand, and other critical Sciences Research Program and, in coordina- ‘‘(5) EARTH AND ENVIRONMENTAL SYSTEMS
elements; and tion, and as appropriate, in collaboration, with SCIENCES USER FACILITIES.—In carrying out the
‘‘(C) interaction among human and Earth sys- the National Oceanic and Atmospheric Adminis- program established under paragraph (1), the
tems informed by interdisciplinary research, in- tration and other relevant Federal agencies, to Director shall operate at least 1 user facility to
cluding the economic and social sciences. improve fundamental understanding of the advance the collection, validation, and analysis
‘‘(5) MIDSCALE FUNDING MECHANISM.— physical and chemical processes that impact the of atmospheric data, including through activi-
‘‘(A) IN GENERAL.—Any of the activities au- formation, life cycle, and radiative impacts of ties—
thorized in this subsection may be carried out, cloud and aerosol particles, atmospheric proc- ‘‘(A) to advance knowledge of the Earth and
in lieu of individual research grants— esses, and surface or subsurface phenomena, the environmental systems and improve model rep-
‘‘(i) by competitively selected midscale, multi- Director shall use the facilities and infrastruc- resentations; and
institutional research centers; ture of the Atmospheric Radiation Measurement ‘‘(B) to measure the impact of atmospheric
‘‘(ii) by large-scale experiments or user facili- User Facility, the Global Monitoring Laboratory gases, aerosols, and clouds on the Earth and en-
ties; or of the National Oceanic and Atmospheric Ad- vironmental systems.
‘‘(iii) through existing facilities and systems of ministration, or other Earth and Environmental ‘‘(6) MICROBIAL MOLECULAR PHENOTYPING CA-
the Department or the National Oceanic and At- Systems Sciences User Facilities— PABILITY PROJECT.—
mospheric Administration. ‘‘(i) to provide support to environmental sci- ‘‘(A) IN GENERAL.—The Secretary shall pro-
‘‘(B) CONSIDERATION.—The Biological and En- entists by collecting high-quality and well-char- vide for the expansion of the Environmental
vironmental Research Advisory Committee shall acterized in-situ, remote-sensing, and aircraft Molecular Sciences Laboratory, or subsequent
provide recommendations to the Director on observations of— facility successor, to advance high-throughput
projects most suitable for the research centers ‘‘(I) the microphysical properties of clouds microbial plant and molecular phenotyping ca-
described in subparagraph (A). and atmospheric aerosols; pability to accelerate discovery of new protein
‘‘(6) ATMOSPHERIC SYSTEMS AND SCIENCES RE- ‘‘(II) the coincident and highly detailed dy- functions and metabolic pathways in microbial
SEARCH PROGRAM.— namical and thermodynamic properties of the systems.
‘‘(A) IN GENERAL.—As part of the activities atmospheric environment that contains those ‘‘(B) CAPABILITIES.—In carrying out subpara-
carried out under paragraph (1), the Director clouds and aerosols; graph (A), the Secretary shall ensure the fol-
shall carry out a program, to be known as the ‘‘(III) the properties of precipitation; lowing capabilities:
‘Atmospheric Systems and Sciences Research ‘‘(IV) the properties of radiation and the ‘‘(i) Coupled high-throughput autonomous ex-
Program’, to use observations to improve under- background environment; and perimental and multimodal analytical capabili-
standing of atmospheric processes, under which ‘‘(V) the properties of surface or subsurface ties.
the Director, in coordination, and as appro- phenomena; ‘‘(ii) Direct integration of automated
priate, collaboration, with the National Oceanic ‘‘(ii) to carry out laboratory studies and multiomics analyses, biomolecular and cellular
and Atmospheric Administration and other rel- ground-based and airborne field campaigns to imaging, and functional biological assays with
evant Federal agencies conducting research target specific atmospheric and surface or sub- high-throughput microbial culturing and cul-
under the topics described in this subparagraph, surface processes relating to the energy and tivation capabilities at timescales relevant to bi-
shall conduct research relating to— science mission of the Department in different ological processes under natural and perturbed
‘‘(i) better understanding the atmosphere and locations and across a range of environments, environmental conditions.
the interaction of the atmosphere with the sur- including by developing technologies to assist in ‘‘(C) DATA COORDINATION.—In carrying out
face of the Earth; advancing predictive capabilities; subparagraph (A), the Secretary shall ensure in-
‘‘(ii) understanding sources of uncertainty in ‘‘(iii) to build data sets that can be incor- tegration and coordination with existing data
Earth system models, including with respect to porated into atmospheric models; and platforms and user facilities of the Department.
the interdependence of clouds, atmospheric ‘‘(iv) to enhance observations by using mod- ‘‘(D) START OF OPERATIONS.—Subject to the
aerosols, radiation processes, and precipitation; eling and simulations that test the accuracy of availability of appropriations, the Secretary
‘‘(iii) understanding the radiative balance and climate model parameterizations. shall begin carrying out subparagraph (A) not
hydrological cycle of Earth; ‘‘(h) BIOLOGICAL AND ENVIRONMENTAL RE- later than September 29, 2027.
‘‘(iv) demonstrating the improved predict- SEARCH USER FACILITIES.— ‘‘(E) FUNDING.—Of the funds authorized to be
ability of regional and global atmospheric mod- ‘‘(1) IN GENERAL.—The Director shall carry appropriated under subsection (k) for a fiscal
els due to improved process-level understanding; out a program for the development, construc- year, there are authorized to be appropriated to
‘‘(v) atmospheric regimes with large uncer- tion, operation, and maintenance of user facili- the Secretary to carry out this paragraph—
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tainties in earth system prediction, aerosol proc- ties to enhance the collection and analysis of ‘‘(i) $550,000 for fiscal year 2023;
esses, warm boundary-layer processes, convec- observational data related to complex biological, ‘‘(ii) $29,000,000 for fiscal year 2024;
tive processes, and high-latitude processes; climate, and environmental systems. ‘‘(iii) $32,000,000 for fiscal year 2025;
‘‘(vi) reduced uncertainty and improved sim- ‘‘(2) SELECTION.— ‘‘(iv) $30,500,000 for fiscal year 2026; and
ulation capability of earth system models of the ‘‘(A) IN GENERAL.—The Director shall select ‘‘(v) $27,500,000 for fiscal year 2027.
atmospheric system in a holistic, comprehensive user facilities under paragraph (1) on a competi- ‘‘(7) USER FACILITIES INTEGRATION AND COL-
fashion; and tive, merit-reviewed basis. LABORATION PROGRAM.—
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H7290 CONGRESSIONAL RECORD — HOUSE July 28, 2022
‘‘(A) IN GENERAL.—The Director shall support ‘‘(A) IN GENERAL.—The Director shall ensure neering, systems biology, and computational
a program of collaboration between user facili- that activities carried out under paragraphs (1) and robotics technologies to sustainably produce
ties to encourage and enable researchers to more and (2), including observation, data collection, and transform biomass into advanced biofuels
readily integrate the tools, expertise, resources, monitoring, and model development and en- and bioproducts.
and capabilities of multiple Office of Science hancements, are interoperable and may be inte- ‘‘(2) SELECTION AND DURATION.—
user facilities (as described in subsection (d) of grated with existing related systems at the Na- ‘‘(A) IN GENERAL.—A center established under
section 209 of the Department of Energy Organi- tional Oceanic and Atmospheric Administration paragraph (1) shall be selected on a competitive,
zation Act (42 U.S.C. 7139)) to further research and other relevant Federal agencies, as prac- merit-reviewed basis for a period of not more
and advance emerging technologies. ticable. than 5 years, subject to the availability of ap-
‘‘(B) ACTIVITIES.—The program shall advance ‘‘(B) RESOURCES.—In carrying out subpara- propriations, beginning on the date of establish-
the integration of automation, robotics, com- graph (A), in support of interoperability, as ment of that center.
putational biology, bioinformatics, biosensing, practicable, the Director may make available to ‘‘(B) APPLICATIONS.—The Director shall con-
cellular platforms and other relevant emerging other Federal agencies high performance com- sider applications from National Laboratories,
technologies as determined by the Director to puting resources. multi-institutional collaborations, and other ap-
enhance productivity and scientific impact of ‘‘(C) NOAA.—The National Oceanic and At- propriate entities.
user facilities. mospheric Administration shall integrate the ‘‘(C) EXISTING CENTERS.—A center already in
‘‘(8) COORDINATION.—In carrying out the pro- data collected under the programs carried out existence on the date of enactment of the Re-
gram authorized under paragraph (1), the Di- under paragraphs (1) and (2) into relevant data search and Development, Competition, and In-
rector shall ensure that the Office of Science co- systems and models, as practicable. novation Act may continue to receive support
ordinates with— ‘‘(j) ENGINEERED ECOSYSTEMS INITIATIVE.— for a period of not more than 5 years beginning
‘‘(A) the National Oceanic Atmospheric Ad- ‘‘(1) IN GENERAL.—The Secretary shall estab- on the date of establishment of that center.
ministration, the Environmental Protection lish within the Biological and Environmental ‘‘(D) NEW CENTERS.—The Director shall select
Agency, the National Aeronautics and Space Research program an initiative focused on the any new center pursuant to paragraph (1) on a
Administration, the Department of Agriculture, development of engineered ecosystems through competitive, merit-reviewed basis, with special
the Department of the Interior, and any other the application of artificial intelligence, novel consideration for applications from an institu-
relevant Federal agency on the collection, vali- sensing capabilities, and other emerging tech- tion of higher education (as defined in section
dation, and analysis of atmospheric data; and nologies. 101 of the Higher Education Act of 1965 (20
‘‘(B) relevant stakeholders, including institu- ‘‘(2) INTERAGENCY COORDINATION.—The Sec- U.S.C. 1001)) that is located in an eligible juris-
tions of higher education, nonprofit research in- retary shall coordinate with the Director of the diction (as defined in section 2203(b)(3)(A) of the
stitutions, industry, State, territorial, local, and National Science Foundation, the Administrator Energy Policy Act of 1992 (42 U.S.C.
Tribal governments, and other appropriate enti- of the National Oceanic and Atmospheric Ad- 13503(b)(3)(A))).
ties to ensure access to the best available rel- ministration, the Director of the U.S. Geological ‘‘(3) RENEWAL.—After the end of the applica-
evant atmospheric and historical weather data. Survey, the Secretary of Agriculture, and other ble period described in paragraph (2), the Direc-
‘‘(i) TERRESTRIAL-AQUATIC INTERFACE RE- relevant officials to avoid duplication of re- tor may renew support for a center for a period
SEARCH INITIATIVE.— search and observational activities and to en- of not more than 5 years on a merit-reviewed
‘‘(1) IN GENERAL.—The Director shall carry sure that activities carried out under the initia- basis. For a center in operation for 10 years
out a research program to enhance the under- tive established under paragraph (1) are com- after its previous selection on a competitive,
standing of terrestrial-aquatic interface. In car- plimentary to activities being undertaken by merit-reviewed basis, the Director may renew
rying out the program, the Director shall other agencies. support for the center on a competitive, merit-re-
prioritize efforts to enhance the collection of ob- ‘‘(3) REPORT.—Not later than 180 days after viewed basis for a period of not more than 5
servational data, and shall develop models to the date of enactment of the Research and De- years, and may subsequently provide an addi-
analyze the natural and human processes that velopment, Competition, and Innovation Act, tional renewal on a merit-reviewed basis for a
interact in littoral zones. the Secretary shall submit to the Committee on period of not more than 5 years.
‘‘(2) LITTORAL DATA COLLECTION SYSTEM.— Science, Space, and Technology of the House of ‘‘(4) ACTIVITIES.—Centers shall undertake re-
The Director shall establish an integrated sys- Representatives and the Committee on Energy search activities to accelerate the production of
tem of geographically diverse field research sites and Natural Resources of the Senate a report on advanced biofuels and bioproducts from biomass
in order to improve the scientific understanding the activity authorized under this subsection. resources by identifying the most suitable spe-
and predictability of the major land water inter- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— cies of plants for use as energy crops; and im-
faces of the United States through improved Out of funds authorized to be appropriated for proving methods of breeding, propagation,
data quantity and quality, including in— the Office of Science in a fiscal year, there are planting, producing, harvesting, storage and
‘‘(A) the Great Lakes region; authorized to be appropriated to the Secretary processing. Activities may include the following:
‘‘(B) the Pacific coast; to carry out the activities described in this sec- ‘‘(A) Research activities to increase sustain-
‘‘(C) the Atlantic coast; tion— ability, including—
‘‘(D) the Arctic; ‘‘(1) $885,420,000 for fiscal year 2023; ‘‘(i) advancing knowledge of how bioenergy
‘‘(E) the Gulf coast; and ‘‘(2) $946,745,200 for fiscal year 2024; crop interactions with biotic and abiotic envi-
‘‘(F) the coasts of United States territories and ‘‘(3) $1,001,149,912 for fiscal year 2025; ronmental factors influence crop growth, yield,
‘‘(4) $1,068,818,907 for fiscal year 2026; and and quality;
freely associated States. ‘‘(5) $1,129,948,041 for fiscal year 2027.’’.
‘‘(3) EXISTING INFRASTRUCTURE.—In carrying ‘‘(ii) identifying the most impactful research
(e) BIOENERGY RESEARCH CENTERS.—Section areas that address the economics of advanced
out the programs and establishing the field re- 977 of the Energy Policy Act of 2005 (42 U.S.C.
search sites under paragraphs (1) and (2), the biofuels and bioproducts production; and
16317) is amended by striking subsection (f) and ‘‘(iii) utilizing multiscale modeling to advance
Secretary shall leverage existing research and inserting the following: predictive understanding of advanced biofuel
development infrastructure supported by the De- ‘‘(f) BIOENERGY RESEARCH CENTERS.— cropping ecosystems.
partment, including the Department’s existing ‘‘(1) IN GENERAL.—In carrying out the pro- ‘‘(B) Research activities to further feedstock
marine and coastal research lab. gram under section 306(a) of the Department of development, including lignocellulosic, algal,
‘‘(4) COORDINATION.—For the purposes of car- Energy Research and Innovation Act (42 U.S.C. gaseous wastes including carbon oxides and
rying out the programs and establishing the 18644(a)), the Director shall support up to 6 bio- methane, and direct air capture of single carbon
field research sites under paragraphs (1) and energy research centers to conduct fundamental gases via plants and microbes, including—
(2), the Secretary may enter into agreements research in plant and microbial systems biology, ‘‘(i) developing genetic and genomic tools,
with Federal departments and agencies with biological imaging and analysis, and genomics, high-throughput analytical tools, and biosys-
complementary capabilities, including the Na- and to accelerate advanced research and devel- tems design approaches to enhance bioenergy
tional Oceanic and Atmospheric Administration opment of advanced biofuels, bioenergy or feedstocks and their associated microbiomes;
and any other relevant Federal agency as ap- biobased materials, chemicals, and products that ‘‘(ii) conducting field testing of new potential
propriate. are produced from a variety of regionally di- bioenergy feedstock crops under environ-
‘‘(5) REPORT.—Not earlier than 2 years after verse feedstocks, and to facilitate the trans- mentally benign and geographically diverse con-
the date of enactment of the Research and De- lation of research results to industry. The ac- ditions to assess viability and robustness; and
velopment, Competition, and Innovation Act, tivities of the centers authorized under this sub- ‘‘(iii) developing quantitative models informed
the Director shall provide to the Committee on section may include— by experimentation to predict how bioenergy
Science, Space, and Technology, the Committee ‘‘(A) accelerating the domestication of bio- feedstocks perform under diverse conditions.
on Natural Resources, and the Committee on energy-relevant plants, microbes, and associated ‘‘(C) Research activities to improve
Appropriations of the House of Representatives, microbial communities to enable high-impact, lignocellulosic deconstruction and separation
and the Committee on Energy and Natural Re- value-added coproduct development at multiple methods, including—
dlhill on DSK120RN23PROD with HOUSE
sources and the Committee on Appropriations of points in the bioenergy supply chain; ‘‘(i) developing feedstock-agnostic
the Senate, a report examining whether the sys- ‘‘(B) developing the science and technological deconstruction processes capable of efficiently
tem described in paragraph (2) should be estab- advances to ensure process sustainability is con- fractionating biomass into targeted output
lished as a National User Facility within the sidered in the creation of advanced biofuels and streams;
Department or as a research facility within an- bioproducts from lignocellulosic biomass; and ‘‘(ii) gaining a detailed understanding of
other Federal agency. ‘‘(C) using the latest tools in genomics, molec- plant cell wall biosynthesis, composition, struc-
‘‘(6) INTEROPERABILITY.— ular biology, catalysis science, chemical engi- ture, and properties during deconstruction; and
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7291
‘‘(iii) improving enzymes and approaches for ergy Research and Innovation Act (42 U.S.C. to be maintained, hardened, and otherwise opti-
biomass breakdown and cellulose, hemicellulose, 18642) is amended— mized for long-term use on exascale systems and
and lignin processing. (1) by redesignating subsections (a) through beyond and reliable availability to the user com-
‘‘(D) Research activities to improve the feed- (c) as subsections (b) through (d), respectively; munity.’’; and
stock conversion process for advanced biofuels (2) by inserting before subsection (b), as so re- (5) by adding at the end the following:
and bioproducts, including— designated, the following: ‘‘(e) ADVANCED COMPUTING PROGRAM.—
‘‘(i) developing high-throughput methods to ‘‘(a) IN GENERAL.—As part of the activities ‘‘(1) IN GENERAL.—The Secretary shall estab-
screen or select high-performance microbial authorized under section 209 of the Department lish a program to develop and implement a strat-
strains and communities to improve product for- of Energy Organization Act (42 U.S.C. 7139), the egy for achieving computing systems with capa-
mation rates, yields, and selectivity; Director shall carry out, in coordination with bilities beyond exascale computing systems. In
‘‘(ii) establishing a broad set of platform academia and relevant public and private sector establishing this program, the Secretary shall—
microorganisms and microbial communities suit- entities, a research, development, and dem- ‘‘(A) maintain foundational research pro-
able for metabolic engineering to produce ad- onstration program— grams in mathematical, computational, and
vanced biofuels and bioproducts and high- ‘‘(1) to steward applied mathematics, com- computer sciences focused on new and emerging
throughput methods for experimental validation putational science, and computer science re- computing needs within the mission of the De-
of gene function; search relevant to the missions of the Depart- partment, including post-Moore’s law computing
‘‘(iii) developing techniques to enhance micro- ment and the competitiveness of the United architectures, novel approaches to modeling and
bial robustness for tolerating toxins to improve States; simulation, artificial intelligence and scientific
advanced biofuel and bioproduct yields and to ‘‘(2) to develop modeling, simulation, and machine learning, quantum computing, edge
gain a better understanding of the cellular and other computational tools relevant to other sci- computing, extreme heterogeneity, including po-
molecular bases of tolerance for major chemical entific disciplines and to the development of new tential quantum accelerators, and distributed
classes of inhibitors found in these processes; energy technologies and other technologies; high-performance computing;
‘‘(iv) advancing technologies for the use of ‘‘(3) to advance computing and networking ‘‘(B) retain best practices and maintain sup-
batch, continuous, and consolidated bioproc- capabilities for data-driven discovery; and port for essential hardware, applications, and
essing; ‘‘(4) to develop advanced scientific computing software elements of the Exascale Computing
‘‘(v) identifying, creating, and optimizing mi- hardware and software tools for science and en- Program that are necessary for sustaining the
crobial and chemical pathways to produce gineering.’’; vitality of a long-term capable software eco-
promising, atom-economical intermediates and (3) in subsection (c), as so redesignated— system for exascale and beyond; and
final bioproducts from biomass with consider- (A) by striking ‘‘The Director’’ and inserting ‘‘(C) develop a Department-wide strategy for
ations given to environmentally benign proc- the following: balancing on-premises and cloud-based com-
esses; ‘‘(1) DIRECTOR.—The Director’’; and puting and scientific data management.
‘‘(vi) developing high-throughput, real-time, (B) by adding at the end the following: ‘‘(2) REPORT.—Not later than 1 year after the
in situ analytical techniques to understand and ‘‘(2) COORDINATION.—The Under Secretary for date of enactment of the Research and Develop-
characterize the pre- and post-bioproduct sepa- Science shall ensure the coordination of the ac- ment, Competition, and Innovation Act, the Sec-
ration streams in detail; tivities of the Department, including activities retary shall submit to the Committee on Science,
‘‘(vii) creating methodologies for efficiently under this section, to determine and meet the Space, and Technology of the House of Rep-
identifying viable target molecules, identifying computational and networking research and fa- resentatives and the Committee on Energy and
high-value bioproducts in existing biomass cility needs of the Office of Science and all other Natural Resources of the Senate a report on the
streams, and utilizing current byproduct relevant energy technology and energy effi- development and implementation of the strategy
streams; ciency programs within the Department and described in paragraph (1).
‘‘(viii) identifying and improving plant feed-
with other Federal agencies as appropriate.’’; ‘‘(f) GUIDANCE ON MITIGATION OF BIAS IN
stocks with enhanced extractable levels of de- (4) by amending subsection (d), as so redesig- HIGH-PERFORMANCE COMPUTING CAPABILITIES.—
sired bioproducts or bioproduct precursors, in- nated, to read as follows: In leveraging high-performance computing sys-
cluding lignin streams; and ‘‘(d) APPLIED MATHEMATICS AND SOFTWARE
‘‘(ix) developing integrated biological and tems for research purposes, including through
DEVELOPMENT FOR HIGH-END COMPUTING SYS- the use of machine learning algorithms for data
chemical catalytic approaches to valorize and
TEMS AND COMPUTER SCIENCES RESEARCH.— analysis and artificial intelligence, the Sec-
produce a diverse portfolio of advanced biofuels
‘‘(1) IN GENERAL.—The Director shall carry retary shall issue, and ensure adherence to,
and bioproducts.
out activities to develop, test, and support— guidance for the Department, the National Lab-
‘‘(5) INDUSTRY PARTNERSHIPS.—Centers shall
‘‘(A) mathematics, statistics, and algorithms oratories, and users as to how those capabilities
establish industry partnerships to translate re-
for modeling complex systems relevant to the should be employed in a manner that mitigates
search results to commercial applications.
‘‘(6) COORDINATION.—In coordination with the missions of the Department, including on ad- and, to the maximum extent practicable, avoids
Bioenergy Technologies Office of the Depart- vanced computing architectures; and harmful algorithmic bias.
ment, the Secretary shall support interdiscipli- ‘‘(B) tools, languages, programming environ- ‘‘(g) ARCHITECTURAL RESEARCH IN HETERO-
nary research activities to improve the capacity, ments, and operations for high-end computing GENEOUS COMPUTING SYSTEMS.—
efficiency, resilience, security, reliability, and systems (as defined in section 2 of the American ‘‘(1) IN GENERAL.—The Secretary shall carry
affordability, of the production and use of ad- Super Computing Leadership Act of 2017 (15 out a program of research and development in
vanced biofuels and bioproducts, as well as ac- U.S.C. 5541)). heterogeneous and reconfigurable computing
tivities to enable positive impacts and avoid the ‘‘(2) PORTFOLIO BALANCE.— systems to expand understanding of the poten-
‘‘(A) IN GENERAL.—The Director shall main- tial for heterogeneous and reconfigurable com-
potential negative impacts that the production
tain a balanced portfolio within the advanced puting systems to deliver high performance,
and use of advanced biofuels and bioproducts
scientific computing research and development high efficiency computing for Department mis-
may have on ecosystems, people, and histori-
program established under section 976 of the En- sion challenges. The program shall include re-
cally marginalized communities.
‘‘(7) FUNDING.—Of the funds authorized to be ergy Policy Act of 2005 (42 U.S.C. 16316) that search and development that explores the con-
appropriated under subsection (k) of section 306 supports robust investment in— vergence of big data analytics, simulations, and
of the Department of Energy Research and In- ‘‘(i) applied mathematical, computational, artificial intelligence to drive the design of het-
novation Act (42 U.S.C. 18644) for a fiscal year, and computer sciences research needs relevant erogeneous computing system architectures.
there is authorized to be appropriated to the to the mission of the Department, including ‘‘(2) COORDINATION.—In carrying out the pro-
Secretary to carry out this subsection $30,000,000 foundational areas that are critical to the ad- gram described in paragraph (1), the Secretary
per center established under paragraph (1) for vancement of energy sciences and technologies shall ensure coordination between research ac-
each of fiscal years 2023 through 2027. and new and emerging computing technologies; tivities undertaken by the Advanced Scientific
‘‘(8) DEFINITIONS.—In this subsection: and Computing Research program and materials re-
‘‘(A) ADVANCED BIOFUEL.—The term ‘ad- ‘‘(ii) associated high-performance computing search supported by the Basic Energy Sciences
vanced biofuel’ has the meaning given the term hardware and facilities. program within the Office of Science.
in section 9001 of the Farm Security and Rural ‘‘(B) EXASCALE ECOSYSTEM SUSTAINMENT.— ‘‘(h) ENERGY EFFICIENT COMPUTING PRO-
Investment Act of 2002 (7 U.S.C. 8101). ‘‘(i) SENSE OF CONGRESS.—It is the sense of GRAM.—
‘‘(B) BIOENERGY.—The term ‘bioenergy’ means Congress that the Exascale Computing Project ‘‘(1) IN GENERAL.—The Secretary shall support
energy derived from biofuels. has successfully created a broad ecosystem that a program of fundamental research, develop-
‘‘(C) BIOMASS.—The term ‘biomass’ has the provides shared software packages, novel eval- ment, and demonstration of energy efficient
meaning given the term in section 203(b) of the uation systems, and applications relevant to the computing and data center technologies relevant
Energy Policy Act of 2005 (42 U.S.C. 15852(b)). science and engineering requirements of the De- to advanced computing applications, including
‘‘(D) BIOPRODUCT.—The term ‘bioproduct’ has partment, and that such products must be main- high-performance computing, artificial intel-
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the meaning given the term ‘biobased product’ tained and improved in order that the full po- ligence, and scientific machine learning.
in section 9001 of the Farm Security and Rural tential of the deployed systems can be continu- ‘‘(2) EXECUTION.—
Investment Act of 2002 (7 U.S.C. 8101).’’. ously realized. ‘‘(A) PROGRAM.—In carrying out the program
SEC. 10104. ADVANCED SCIENTIFIC COMPUTING ‘‘(ii) SUSTAINMENT.—The Secretary shall seek under paragraph (1), the Secretary shall—
RESEARCH PROGRAM. to sustain and evolve the ecosystem described in ‘‘(i) establish a partnership for National Lab-
(a) ADVANCED SCIENTIFIC COMPUTING RE- clause (i) to ensure that the exascale software oratories, industry partners, and institutions of
SEARCH.—Section 304 of the Department of En- stack and other research software will continue higher education for codesign of energy efficient
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H7292 CONGRESSIONAL RECORD — HOUSE July 28, 2022
hardware, technology, software, and applica- ‘‘(2) $1,194,109,500 for fiscal year 2024; essors, at the terrestrial and space-based level
tions across all applicable program offices of the ‘‘(3) $1,265,275,695 for fiscal year 2025; using quantum repeaters and optical or laser
Department, and provide access to energy effi- ‘‘(4) $1,340,687,843 for fiscal year 2026; and communications;
cient computing resources to such partners; ‘‘(5) $1,420,599,500 for fiscal year 2027.’’. ‘‘(G) quantum routers, multiplexers, repeaters,
‘‘(ii) develop hardware and software tech- (b) QUANTUM SCIENCE NETWORK.— and related technologies necessary to create se-
nologies that decrease the energy needs of ad- (1) DEFINITIONS.—Section 2 of the National cure long-distance quantum communication;
vanced computing practices, including through Quantum Initiative Act (15 U.S.C. 8801) is and
data center codesign; amended— ‘‘(H) integration of systems across the quan-
‘‘(iii) consider multiple heterogeneous com- (A) by redesignating paragraph (7) as para- tum technology stack into traditional computing
puting architectures in collaboration with the graph (8); and networks, including the development of remote
program established under subsection (g), in- (B) by inserting after paragraph (6) the fol- controlled, high-performance, and reliable im-
cluding neuromorphic computing, persistent lowing: plementations of key quantum network compo-
computing, and ultrafast networking; and ‘‘(7) QUANTUM NETWORK INFRASTRUCTURE.— nents by leveraging the expertise, infrastructure
‘‘(iv) provide, as appropriate, on a competi- The term ‘quantum network infrastructure’ and supplemental investments at the National
tive, merit-reviewed basis, access for researchers means any facility, expertise, or capability that Laboratories in the Energy Sciences Network
from institutions of higher education, National is necessary to enable the development and de- User Facility;
Laboratories, industry, and other Federal agen- ployment of scalable and diverse quantum net- ‘‘(3) engage with the Quantum Economic De-
cies to the energy efficient computing tech- work technologies.’’. velopment Consortium and other organizations,
nologies developed pursuant to clause (i). (2) DEPARTMENT OF ENERGY QUANTUM NET- as applicable, to transition component tech-
‘‘(B) SELECTION OF PARTNERS.—In selecting WORK INFRASTRUCTURE RESEARCH AND DEVELOP- nologies to help facilitate as appropriate the de-
participants for the partnership established MENT PROGRAM.— velopment of a quantum supply chain for quan-
under subparagraph (A)(i), the Secretary shall (A) IN GENERAL.—Title IV of the National tum network technologies;
select participants through a competitive, merit Quantum Initiative Act (15 U.S.C. 8851 et seq.) ‘‘(4) advance basic research in advanced sci-
review process. is amended by adding at the end the following: entific computing, particle and nuclear physics,
‘‘(C) REPORT.—Not later than 1 year after the ‘‘SEC. 403. DEPARTMENT OF ENERGY QUANTUM and material science to enhance the under-
date of enactment of the Research and Develop- NETWORK INFRASTRUCTURE RE- standing, prediction, and manipulation of mate-
ment, Competition, and Innovation Act, the Sec- SEARCH AND DEVELOPMENT PRO- rials, processes, and physical phenomena rel-
retary shall submit to the Committee on Science, GRAM.
evant to quantum network infrastructure;
Space, and Technology of the House of Rep- ‘‘(a) IN GENERAL.—The Secretary of Energy ‘‘(5) develop experimental tools and testbeds in
resentatives and the Committee on Energy and (referred to in this section as the ‘Secretary’) collaboration with the Energy Sciences Network
Natural Resources of the Senate a report on— shall carry out a research, development, and User Facility necessary to support cross-cutting
‘‘(i) the activities conducted under subpara- demonstration program to accelerate innovation fundamental research and development activi-
graph (A); and in quantum network infrastructure in order to— ties with diverse stakeholders from industry, Na-
‘‘(ii) the coordination and management of the ‘‘(1) facilitate the advancement of distributed tional Laboratories, and institutions of higher
program under subparagraph (A) to ensure an quantum computing systems through the inter- education; and
integrated research program across the Depart- net and intranet; ‘‘(6) consider quantum network infrastructure
ment. ‘‘(2) improve the precision of measurements of applications that span the Department of Ener-
‘‘(i) ENERGY SCIENCES NETWORK.— scientific phenomena and physical imaging gy’s missions in energy, environment, and na-
‘‘(1) IN GENERAL.—The Secretary shall provide technologies; tional security.
for upgrades to the Energy Sciences Network ‘‘(3) develop secure national quantum commu- ‘‘(c) LEVERAGING.—In carrying out this sec-
user facility in order to meet the research needs nications technologies and strategies; tion, the Secretary shall leverage resources, in-
of the Department for highly reliable data ‘‘(4) demonstrate quantum networking uti- frastructure, and expertise across the Depart-
transport capabilities optimized for the require- lizing the Department of Energy’s Energy ment of Energy and from—
ments of large-scale science. Sciences Network User Facility; and ‘‘(1) the National Institute of Standards and
‘‘(2) CAPABILITIES.—In carrying out para- ‘‘(5) advance the relevant domestic supply Technology;
graph (1), the Secretary shall ensure the fol- chains, manufacturing capabilities, and associ- ‘‘(2) the National Science Foundation;
lowing capabilities: ated simulations or modeling capabilities. ‘‘(3) the National Aeronautics and Space Ad-
‘‘(A) To provide high bandwidth scientific ‘‘(b) PROGRAM.—In carrying out this section, ministration;
networking across the continental United States the Secretary shall— ‘‘(4) other relevant Federal agencies;
and the Atlantic Ocean. ‘‘(1) coordinate with— ‘‘(5) the National Laboratories;
‘‘(B) To ensure network reliability. ‘‘(A) the Director of the National Science ‘‘(6) industry stakeholders;
‘‘(C) To protect the network infrastructure Foundation; ‘‘(7) institutions of higher education; and
from cyberattacks. ‘‘(B) the Director of the National Institute of ‘‘(8) the National Quantum Information
‘‘(D) To manage transport of exponentially in- Standards and Technology; Science Research Centers.
creasing levels of data from the Department’s ‘‘(C) the Chair of the Subcommittee on Quan- ‘‘(d) RESEARCH PLAN.—Not later than 180
National Laboratories and sites, user facilities, tum Information Science of the National Science days after the date of enactment of the Research
experiments, and sensors. and Technology Council established under sec- and Development, Competition, and Innovation
‘‘(E) To contribute to the integration of het- tion 103(a); and Act, the Secretary shall submit to the Committee
erogeneous computing frameworks and systems. ‘‘(D) the Chair of the Subcommittee on the on Science, Space, and Technology of the House
‘‘(j) COMPUTATIONAL SCIENCE GRADUATE FEL- Economic and Security Implications of Quan- of Representatives and the Committee on Energy
LOWSHIP.— tum Science; and Natural Resources of the Senate a 4-year
‘‘(1) IN GENERAL.—The Secretary shall support ‘‘(2) conduct cooperative research with indus- research plan that identifies and prioritizes
the Computational Science Graduate Fellowship try, National Laboratories, institutions of high- basic research needs relating to quantum net-
program in order to facilitate collaboration be- er education, and other research institutions to work infrastructure.
tween graduate students and researchers at the facilitate new quantum infrastructure methods ‘‘(e) STANDARD OF REVIEW.—The Secretary
National Laboratories, and contribute to the de- and technologies, including— shall review activities carried out under this sec-
velopment of a diverse and inclusive computa- ‘‘(A) quantum-limited detectors, ultra-low loss tion to determine the achievement of technical
tional workforce to help advance research in all optical channels, space-to-ground connections, milestones.
areas of computational science relevant to the and classical networking and cybersecurity pro- ‘‘(f) FUNDING.—Of the funds authorized to be
mission of the Department, including quantum tocols; appropriated for the Department of Energy’s
computing. ‘‘(B) entanglement and hyper-entangled state Office of Science, there is authorized to be ap-
‘‘(2) FUNDING.—Of the funds authorized to be sources and transmission, control, and measure- propriated to the Secretary to carry out the ac-
appropriated for the Advanced Scientific Com- ment of quantum states; tivities under this section $100,000,000 for each
puting Research Program, there are authorized ‘‘(C) quantum interconnects that allow short of fiscal years 2023 through 2027.
to be appropriated to the Secretary for carrying range local connections between quantum proc- ‘‘SEC. 404. DEPARTMENT OF ENERGY QUANTUM
out activities under this subsection— essors; USER EXPANSION FOR SCIENCE AND
‘‘(A) $15,750,000 for fiscal year 2023; ‘‘(D) transducers for quantum sources and TECHNOLOGY PROGRAM.
‘‘(B) $16,537,500 for fiscal year 2024; signals between optical wavelength regimes, in- ‘‘(a) IN GENERAL.—The Secretary of Energy
‘‘(C) $17,364,375 for fiscal year 2025; cluding telecommunications regimes and quan- (referred to in this section as the ‘Secretary’)
‘‘(D) $18,232,594 for fiscal year 2026; and tum computer-relevant domains, including shall establish and carry out a program, to be
‘‘(E) $19,144,223 for fiscal year 2027. microwaves; known as the ‘Quantum User Expansion for
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‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(E) development of quantum memory buffers Science and Technology program’ or ‘QUEST
Out of funds authorized to be appropriated for and small-scale quantum computers that are program’, to encourage and facilitate access to
the Office of Science in a fiscal year, there are compatible with photon-based quantum bits in United States quantum computing hardware
authorized to be appropriated to the Secretary the optical or telecommunications wavelengths; and quantum computing clouds for research
to carry out the activities described in this sec- ‘‘(F) long-range entanglement distribution, in- purposes—
tion— cluding allowing entanglement-based protocols ‘‘(1) to enhance the United States quantum re-
‘‘(1) $1,126,950,000 for fiscal year 2023; between small- and large scale quantum proc- search enterprise;
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7293
‘‘(2) to educate the future quantum computing (1) in subsection (b)— ‘‘(C) to facilitate the translation of research
workforce; (A) in paragraph (2), by redesignating sub- results in fusion energy science to industry.
‘‘(3) to accelerate the advancement of United paragraphs (A) and (B) as clauses (i) and (ii), ‘‘(2) COORDINATION.—In carrying out the pro-
States quantum computing capabilities; and respectively, and indenting appropriately; gram under paragraph (1), the Secretary shall
‘‘(4) to advance the relevant domestic supply (B) by redesignating paragraphs (1) and (2) as coordinate with relevant Federal agencies, and
chains, manufacturing processes, and associated subparagraphs (A) and (B), respectively, and prioritize the following objectives:
simulations or modeling capabilities. indenting appropriately; ‘‘(A) To use expertise from the private sector,
‘‘(b) PROGRAM.—In carrying out this section, (C) in the matter preceding subparagraph (A) institutions of higher education, and the Na-
the Secretary shall— (as so redesignated), by striking ‘‘As part of’’ tional Laboratories to leverage existing, and de-
‘‘(1) coordinate with— and inserting the following: velop new, computational software and capa-
‘‘(A) the Director of the National Science ‘‘(1) IN GENERAL.—As part of’’; and bilities that prospective users may use to accel-
Foundation; (D) by adding at the end the following: erate research and development of fusion energy
‘‘(B) the Director of the National Institute of ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— systems.
Standards and Technology; Out of funds authorized to be appropriated ‘‘(B) To develop computational tools to simu-
‘‘(C) the Chair of the Subcommittee on Quan- under subsection (q), there is authorized to be late and predict fusion energy science phe-
tum Information Science of the National Science appropriated to the Secretary to carry out ac- nomena that may be validated through physical
and Technology Council established under sec- tivities described in paragraph (1) $50,000,000 for experimentation.
tion 103(a); and each of fiscal years 2023 through 2027.’’; ‘‘(C) To increase the utility of the research in-
‘‘(D) the Chair of the Subcommittee on the (2) in subsection (d)(3)— frastructure of the Department by coordinating
Economic and Security Implications of Quan- (A) by striking ‘‘(o)’’ and inserting ‘‘(q)’’; with the Advanced Scientific Computing Re-
tum Science; (B) by striking ‘‘subsection (d)’’ and inserting search program within the Office of Science.
‘‘(2) provide researchers based within the ‘‘this subsection’’; and ‘‘(D) To leverage experience from existing
United States with access to, and use of, United (C) by striking ‘‘2025’’ and inserting ‘‘2027’’; modeling and simulation entities sponsored by
States quantum computing resources through a (3) in subsection (e)(4)— the Department.
competitive, merit-reviewed process; (A) by striking ‘‘(o)’’ and inserting ‘‘(q)’’; ‘‘(E) To ensure that new experimental and
‘‘(3) consider applications from the National (B) by striking ‘‘subsection (e)’’ and inserting computational tools are accessible to relevant re-
Laboratories, multi-institutional collaborations, ‘‘this subsection’’; and search communities, including private sector en-
institutions of higher education, industry stake- (C) by striking ‘‘2025’’ and inserting ‘‘2027’’; tities engaged in fusion energy technology de-
holders, and any other entities that the Sec- (4) in subsection (i)(10)— velopment.
retary determines are appropriate to provide na- (A) in the matter preceding subparagraph ‘‘(F) To ensure that newly developed com-
tional leadership on quantum computing related (A)— putational tools are compatible with modern vir-
issues; (i) by striking ‘‘(o)’’ and inserting ‘‘(q)’’; and tual engineering and visualization capabilities
‘‘(4) coordinate with private sector stake- (ii) by striking ‘‘subsection (i)’’ and inserting to accelerate the realization of fusion energy
holders, the user community, and interagency ‘‘this subsection’’; technologies and systems.
partners on program development and best man- (B) in subparagraph (D), by striking ‘‘and’’ at ‘‘(3) DUPLICATION.—The Secretary shall en-
agement practices; and the end; sure the coordination of, and avoid unnecessary
‘‘(5) to the extent practicable, balance user ac- (C) in subparagraph (E), by striking the pe- duplication of, the activities of the program
cess to commercial prototypes available for use riod at the end and inserting a semicolon; and under paragraph (1) with the activities of—
across a broad class of applications and Federal (D) by adding at the end the following: ‘‘(A) other research entities of the Depart-
research prototypes that enable benchmarking a ‘‘(F) $45,000,000 for fiscal year 2026; and ment, including the National Laboratories, the
wider variety of early-stage devices. ‘‘(G) $45,000,000 for fiscal year 2027.’’; Advanced Research Projects Agency—Energy,
‘‘(c) LEVERAGING.—In carrying out this sec- (5) by striking subsection (j) and inserting the and the Advanced Scientific Computing Re-
tion, the Secretary shall leverage resources and following: search program within the Office of Science;
expertise across the Department of Energy and ‘‘(j) FUSION REACTOR SYSTEM DESIGN.— and
from— ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(B) industry.
‘‘(1) the National Institute of Standards and after the date of enactment of the Research and ‘‘(4) HIGH-PERFORMANCE COMPUTING FOR FU-
Technology; Development, Competition, and Innovation Act, SION INNOVATION CENTER.—
‘‘(2) the National Science Foundation; the Director shall establish not less than 2 na- ‘‘(A) IN GENERAL.—In carrying out the pro-
‘‘(3) the National Aeronautics and Space Ad- tional teams described in paragraph (2) that gram under paragraph (1), the Secretary shall,
ministration; shall— in coordination with the Innovation Network
‘‘(4) other relevant Federal agencies; ‘‘(A) develop conceptual pilot plant designs for Fusion Energy, establish and operate a na-
‘‘(5) the National Laboratories; and technology roadmaps; and tional High-Performance Computing for Fusion
‘‘(6) industry stakeholders; ‘‘(B) create an engineering design of a pilot Innovation Center (referred to in this paragraph
‘‘(7) institutions of higher education; and plant that will bring fusion to commercial via-
‘‘(8) the National Quantum Information as the ‘Center’), to support the program under
bility. paragraph (1) by providing, to the extent prac-
Science Research Centers. ‘‘(2) NATIONAL TEAMS.—A national team re-
‘‘(d) SECURITY.—In carrying out the activities ticable, a centralized entity for multidisci-
ferred to in paragraph (1) shall— plinary, collaborative, fusion energy research
authorized by this section, the Secretary, in ‘‘(A) be composed of developers, manufactur-
consultation with the Director of the National and development through high-performance
ers, universities, National Laboratories, and computing and advanced data analytics tech-
Science Foundation and the Director of the Na- representatives of the engineering, procurement,
tional Institute of Standards and Technology, nologies and processes.
and construction industries; and ‘‘(B) ELIGIBLE ENTITIES.—An entity eligible to
shall ensure proper security controls are in ‘‘(B) include public-private partnerships. serve as the Center shall be—
place to protect sensitive information, as appro- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—Of ‘‘(i) a National Laboratory;
priate. the funds authorized to be appropriated for Fu- ‘‘(ii) an institution of higher education;
‘‘(e) FUNDING.—Of the funds authorized to be sion Energy Sciences in a fiscal year, there are ‘‘(iii) a multi-institutional collaboration; or
appropriated for the Department of Energy’s authorized to be appropriated to the Secretary ‘‘(iv) any other entity that the Secretary de-
Office of Science, there are authorized to be ap- to carry out this subsection— termines to be appropriate.
propriated to the Secretary to carry out the ac- ‘‘(A) $35,000,000 for fiscal year 2023; ‘‘(C) APPLICATION; SELECTION.—
tivities under this section— ‘‘(B) $50,000,000 for fiscal year 2024; ‘‘(i) APPLICATION.—To be eligible to serve as
‘‘(1) $30,000,000 for fiscal year 2023; ‘‘(C) $65,000,000 for fiscal year 2025; the Center, an eligible entity shall submit to the
‘‘(2) $31,500,000 for fiscal year 2024; ‘‘(D) $80,000,000 for fiscal year 2026; and Secretary an application at such time, in such
‘‘(3) $33,075,000 for fiscal year 2025; ‘‘(E) $80,000,000 for fiscal year 2027.’’; manner, and containing such information as the
‘‘(4) $34,728,750 for fiscal year 2026; and (6) by redesignating subsection (o) as sub- Secretary may require.
‘‘(5) $36,465,188 for fiscal year 2027.’’. section (r); ‘‘(ii) SELECTION.—The Secretary shall select
(B) CLERICAL AMENDMENT.—The table of con- (7) by inserting after subsection (n) the fol- the Center on a competitive, merit-reviewed
tents in section 1(b) of the National Quantum lowing: basis.
Initiative Act (Public Law 115–368; 132 Stat. ‘‘(o) HIGH-PERFORMANCE COMPUTATION COL- ‘‘(D) EXISTING ACTIVITIES.—The Center may
5092) is amended by inserting after the item re- LABORATIVE RESEARCH PROGRAM.— incorporate existing research activities that are
lating to section 402 the following: ‘‘(1) IN GENERAL.—The Secretary shall carry consistent with the program under paragraph
‘‘Sec. 403. Department of Energy quantum net- out a program to conduct and support collabo- (1).
work infrastructure research and rative research, development, and demonstration ‘‘(E) PRIORITIES.—
development program. of fusion energy technologies, through high-per- ‘‘(i) IN GENERAL.—The Center shall prioritize
‘‘Sec. 404. Department of Energy quantum user
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formance computation modeling and simulation activities that utilize expertise and infrastruc-
expansion for science and tech- techniques, in order— ture from a balance among the private sector,
nology program.’’. ‘‘(A) to support fundamental research in plas- institutions of higher education, and the Na-
SEC. 10105. FUSION ENERGY RESEARCH. mas and matter at very high temperatures and tional Laboratories to enhance existing com-
(a) FUSION ENERGY RESEARCH.—Section 307 of densities; putation tools and develop new computational
the Department of Energy Research and Inno- ‘‘(B) to inform the development of a broad software and capabilities to accelerate the com-
vation Act (42 U.S.C. 18645) is amended— range of fusion energy systems; and mercial application of fusion energy systems.
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H7294 CONGRESSIONAL RECORD — HOUSE July 28, 2022
‘‘(ii) MAINTENANCE OF RESOURCE AVAIL- (1) in subparagraph (A), by striking ‘‘and’’ at ‘‘(g) FACILITY CONSTRUCTION AND MAJOR
ABILITY.—The Secretary may enter into con- the end; and ITEMS OF EQUIPMENT.—
tracts with commercial cloud computing pro- (2) by striking subparagraph (B) and inserting ‘‘(1) PROJECTS.—Consistent with the Office of
viders to ensure that resource availability with- the following: Science’s project management practices, the Di-
in the Department is not reduced or dispropor- ‘‘(B) $379,700,000 for fiscal year 2023; rector shall, to the maximum extent practicable,
tionately distributed as a result of Center activi- ‘‘(C) $419,250,000 for fiscal year 2024; by incorporating the findings and recommenda-
ties. ‘‘(D) $415,000,000 for fiscal year 2025; tions of the 2014 Particle Physics Project
‘‘(F) DURATION.—Subject to subparagraph ‘‘(E) $370,500,000 for fiscal year 2026; and Prioritization Panel (P5) report entitled ‘Build-
(G), the Center shall receive support for a period ‘‘(F) $411,078,000 for fiscal year 2027.’’. ing for Discovery’, support construction or fab-
of not more than 5 years, subject to the avail- SEC. 10106. HIGH ENERGY PHYSICS PROGRAM. rication of—
ability of appropriations. (a) PROGRAM.—Section 305 of the Department ‘‘(A) an international Long-Baseline Neutrino
‘‘(G) RENEWAL.—On the expiration of the pe- of Energy Research and Innovation Act (42 Facility based in the United States;
riod of support of the Center under subpara- U.S.C. 18643) is amended— ‘‘(B) the Proton Improvement Plan II;
graph (F), the Secretary may renew support for (1) by redesignating subsections (b) through ‘‘(C) Second Generation Dark Matter experi-
the Center, on a merit-reviewed basis, for a pe- (d) as subsections (d) through (f), respectively; ments;
riod of not more than 5 years. and ‘‘(D) the Legacy Survey of Space and Time
‘‘(p) MATERIAL PLASMA EXPOSURE EXPERI- camera;
(2) by inserting after subsection (a) the fol-
MENT.— ‘‘(E) upgrades to detectors and other compo-
lowing:
‘‘(1) IN GENERAL.—The Secretary shall con- nents of the Large Hadron Collider; and
‘‘(b) PROGRAM.—As part of the activities au-
struct a Material Plasma Exposure Experiment ‘‘(F) the Cosmic Microwave Background Stage
thorized under section 209 of the Department of
facility as described in the 2020 publication ap- 4 project; and
Energy Organization Act (42 U.S.C. 7139), the
proved by the Fusion Energy Sciences Advisory ‘‘(G) other high priority projects recommended
Director shall carry out a research program in
Committee entitled ‘Powering the Future: Fu- in the most recent report of the Particle Physics
elementary particle physics and advanced tech-
sion and Plasmas’. The Secretary shall consult Project Prioritization Panel of the High Energy
nology research and development to improve the
with the private sector, institutions of higher Physics Advisory Panel.
understanding of the fundamental properties of
education, National Laboratories, and relevant ‘‘(2) LONG-BASELINE NEUTRINO FACILITY.—
the universe, including constituents of matter ‘‘(A) IN GENERAL.—The Secretary shall sup-
Federal agencies to ensure that the facility is
and energy and the nature of space and time. port construction of a Long-Baseline Neutrino
capable of meeting Federal research needs for
‘‘(c) HIGH ENERGY FRONTIER RESEARCH.—As Facility to facilitate the international Deep Un-
steady state, high-heat-flux, and plasma-mate-
part of the program described in subsection (b), derground Neutrino Experiment to examine the
rial interaction testing of fusion materials over
the Director shall carry out research using high fundamental properties of neutrinos, explore
a range of fusion energy relevant parameters.
‘‘(2) FACILITY CAPABILITIES.—The Secretary energy accelerators and advanced detectors, in- physics beyond the Standard Model, and better
shall ensure that the facility described in para- cluding accelerators and detectors that will clarify the existence and nature of antimatter.
graph (1) will provide the following capabilities: function as national user facilities, to create ‘‘(B) FACILITY CAPABILITIES.—The Secretary
‘‘(A) A magnetic field at the target of 1 Tesla. and study interactions of elementary particles shall ensure that the facility described in sub-
‘‘(B) An energy flux at the target of 10 MW/ and investigate fundamental forces.’’. paragraph (A) will provide, at a minimum, the
m2. (b) INTERNATIONAL COLLABORATION.—Section following capabilities:
‘‘(C) The ability to expose previously irradi- 305 of the Department of Energy Research and ‘‘(i) A neutrino beam with wideband capa-
ated plasma facing material samples to plasma. Innovation Act (42 U.S.C. 18643) is amended by bility of 1.2 megawatts of beam power and
‘‘(3) START OF OPERATIONS.—The Secretary striking subsection (d) (as redesignated by sub- upgradable to 2.4 megawatts of beam power.
shall, subject to the availability of appropria- section (a)(1)) and inserting the following: ‘‘(ii) 3 caverns excavated for a 70 kiloton fidu-
tions, ensure that the start of full operations of ‘‘(d) INTERNATIONAL COLLABORATION.—The cial detector mass and supporting surface build-
the facility described in paragraph (1) occurs be- Director shall— ings and utilities.
fore December 31, 2027. ‘‘(1) as practicable and in coordination with ‘‘(iii) Cryogenic systems to support neutrino
‘‘(4) FUNDING.—Of the funds authorized to be other appropriate Federal agencies as necessary, detectors.
appropriated for Fusion Energy Sciences, there ensure the access of United States researchers to ‘‘(C) START OF OPERATIONS.—The Secretary
are authorized to be appropriated to the Sec- the most advanced accelerator facilities and re- shall, subject to the availability of appropria-
retary for the Office of Fusion Energy Sciences search capabilities in the world, including the tions, ensure that the start of full operations of
to complete construction of the facility described Large Hadron Collider; the facility described in subparagraph (A) oc-
in paragraph (1)— ‘‘(2) to the maximum extent practicable, con- curs before December 31, 2031.
‘‘(A) $21,895,000 for fiscal year 2023; and tinue to leverage United States participation in ‘‘(D) FUNDING.—Out of funds authorized to be
‘‘(B) $3,800,000 for fiscal year 2024. the Large Hadron Collider, and prioritize ex- appropriated under subsection (k), there are au-
‘‘(q) MATTER IN EXTREME CONDITIONS INSTRU- panding international partnerships and invest- thorized to be appropriated to the Secretary to
MENT UPGRADE.— ments in the Long-Baseline Neutrino Facility
‘‘(1) IN GENERAL.—The Secretary shall provide carry out construction of the project described
and Deep Underground Neutrino Experiment; in subparagraph (A)—
for the upgrade to the Matter in Extreme Condi- and ‘‘(i) $180,000,000 for fiscal year 2023;
tions endstation at the Linac Coherent Light ‘‘(3) to the maximum extent practicable, ‘‘(ii) $255,000,000 for fiscal year 2024;
Source as described in the 2020 publication ap- prioritize engagement in collaborative efforts in ‘‘(iii) $305,000,000 for fiscal year 2025;
proved by the Fusion Energy Sciences Advisory support of future international facilities that ‘‘(iv) $305,000,000 for fiscal year 2026; and
Committee entitled ‘Powering the Future: Fu- would provide access to the most advanced ac- ‘‘(v) $305,000,000 for fiscal year 2027.
sion and Plasmas’. The Secretary shall consult celerator facilities in the world to United States ‘‘(3) PROTON IMPROVEMENT PLAN–II ACCEL-
with the private sector, institutions of higher researchers.’’. ERATOR UPGRADE PROJECT.—
education, National Laboratories, and relevant (c) COSMIC FRONTIER RESEARCH.—Section 305 ‘‘(A) IN GENERAL.—The Secretary shall sup-
Federal agencies to ensure that this facility is of the Department of Energy Research and In- port construction of the Proton Improvement
capable of meeting Federal research needs for novation Act (42 U.S.C. 18645) is amended by Plan II, an upgrade to the Fermilab accelerator
understanding physical and chemical changes striking subsection (f) (as redesignated by sub- complex identified in the 2014 Particle Physics
to plasmas at fundamental timescales, and ex- section (a)(1)) and inserting the following: Project Prioritization Panel (P5) report entitled
plore new regimes of dense material physics, as- ‘‘(f) COSMIC FRONTIER RESEARCH.—The Direc- ‘Building for Discovery’, to provide the world’s
trophysics, planetary physics, and short-pulse tor shall carry out research activities on the na- most intense beam of neutrinos to the inter-
laser-plasma interactions. ture of the primary contents of the universe, in- national Long Baseline Neutrino Facility and to
‘‘(2) START OF OPERATIONS.—The Secretary cluding the nature of dark energy and dark carry out a broad range of future high energy
shall, subject to the availability of appropria- matter. These activities shall, to the maximum physics experiments. The Secretary shall work
tions, ensure that the start of full operations of extent practicable, be consistent with the re- with international partners to enable further
the facility described in paragraph (1) occurs be- search priorities identified by the High Energy significant contributions to the capabilities of
fore December 31, 2028.’’; and Physics Advisory Panel or the National Acad- that project.
(8) in subsection (r) (as so redesignated)—
emy of Sciences, and may include— ‘‘(B) FACILITY CAPABILITIES.—The Secretary
(A) by striking ‘‘There’’ and inserting ‘‘Out of
‘‘(1) collaborations with the National Aero- shall ensure that the facility described in sub-
funds authorized to be appropriated for the Of-
nautics and Space Administration, the National paragraph (A) will provide, at a minimum, the
fice of Science in a fiscal year, there’’; and
(B) by striking paragraphs (3) through (5) and Science Foundation, or international partners following capabilities:
inserting the following: on relevant projects; and ‘‘(i) A state-of-the-art 800 megaelectron volt
‘‘(3) $1,025,500,400 for fiscal year 2023; ‘‘(2) the development of space-based, land- superconducting linear accelerator.
dlhill on DSK120RN23PROD with HOUSE
‘‘(4) $1,043,489,724 for fiscal year 2024; based, water-based, and underground facilities ‘‘(ii) Proton beam power of 1.2 megawatts at
‘‘(5) $1,053,266,107 for fiscal year 2025; and experiments.’’. the start of LBNF/DUNE, upgradeable to 2.4
‘‘(6) $1,047,962,074 for fiscal year 2026; and (d) FURTHER ACTIVITIES.—Section 305 of the megawatts of beam power.
‘‘(7) $1,114,187,798 for fiscal year 2027.’’. Department of Energy Research and Innovation ‘‘(iii) A flexible design to enable high power
(b) ITER CONSTRUCTION.—Section 972(c)(3) of Act (42 U.S.C. 18645) (as amended by subsection beam delivery to multiple users simultaneously
the Energy Policy Act of 2005 (42 U.S.C. (c)), is amended by adding at the end the fol- and customized beams tailored to specific sci-
16312(c)(3)) is amended— lowing: entific needs.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7295
‘‘(iv) Sustained high reliability operation of ‘‘(j) UNDERGROUND SCIENCE.—The Director ‘‘(C) $219,000,000 for fiscal year 2025;
the Fermilab accelerator complex. shall— ‘‘(D) $297,000,000 for fiscal year 2026; and
‘‘(C) START OF OPERATIONS.—The Secretary ‘‘(1) support an underground science program ‘‘(E) $301,000,000 for fiscal year 2027.
shall, subject to the availability of appropria- consistent with the missions of the Department ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
tions, ensure that the start of full operations of and the scientific needs of the High Energy Out of funds authorized to be appropriated for
the facility described in subparagraph (A) oc- Physics program, including those articulated in the Office of Science in a fiscal year, there are
curs before December 31, 2028. the most recent report of the Particle Physics authorized to be appropriated to the Secretary
‘‘(D) FUNDING.—Out of funds authorized to be Project Prioritization Panel of the High Energy to carry out the activities described in this sec-
appropriated under subsection (k), there are au- Physics Advisory Panel, that leverages the ca- tion—
thorized to be appropriated to the Secretary to pabilities of relevant underground science and ‘‘(1) $840,480,000 for fiscal year 2023;
carry out construction of the facility described engineering facilities; ‘‘(2) $976,508,800 for fiscal year 2024;
in subparagraph (A)— ‘‘(2) carry out a competitive grant program to ‘‘(3) $1,062,239,328 for fiscal year 2025;
‘‘(i) $130,000,000 for fiscal year 2023; award scientists and engineers at institutions of ‘‘(4) $1,190,833,688 for fiscal year 2026; and
‘‘(ii) $120,000,000 for fiscal year 2024; higher education, nonprofit institutions, and ‘‘(5) $1,248,463,709 for fiscal year 2027.’’.
‘‘(iii) $120,000,000 for fiscal year 2025; National Laboratories to conduct research in SEC. 10108. SCIENCE LABORATORIES INFRA-
‘‘(iv) $115,000,000 for fiscal year 2026; and underground science and engineering; and STRUCTURE PROGRAM.
‘‘(v) $110,000,000 for fiscal year 2027. ‘‘(3) submit to the Committee on Energy and Section 309 of the Department of Energy Re-
‘‘(4) COSMIC MICROWAVE BACKGROUND STAGE Natural Resources of the Senate and the Com- search and Innovation Act (42 U.S.C. 18647) is
4.— mittee on Science, Space, and Technology of the amended by adding at the end the following:
‘‘(A) IN GENERAL.—The Secretary, in partner- House of Representatives a report on the inven- ‘‘(c) APPROACH.—In carrying out the program
ship with the Director of the National Science tory of underground mines in the United States under subsection (a), the Director shall use all
Foundation, shall support construction of the that may be suitable for future development of available approaches and mechanisms, as the
Cosmic Microwave Background Stage 4 project underground science and engineering facilities Secretary determines to be appropriate, includ-
to survey the cosmic microwave background to and any anticipated challenges associated with ing—
test theories of cosmic inflation as described in repurposing, repair, facility siting, or construc- ‘‘(1) capital line items;
the 2014 Particle Physics Prioritization Panel tion. ‘‘(2) minor construction projects;
(P5) report entitled ‘Building for Discovery: ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) energy savings performance contracts;
Strategic Plan for U.S. Particle Physics in the Out of funds authorized to be appropriated for ‘‘(4) utility energy service contracts;
Global Context.’. the Office of Science in a fiscal year, there are ‘‘(5) alternative financing; and
‘‘(B) CONSULTATION.—The Secretary shall authorized to be appropriated to the Secretary ‘‘(6) expense funding.
consult with the private sector, institutions of to carry out the activities described in this sec- ‘‘(d) SUBMISSION TO CONGRESS.—For each fis-
higher education, National Laboratories, and tion— cal year through fiscal year 2027, at the same
relevant Federal agencies to ensure that the ‘‘(1) $1,159,520,000 for fiscal year 2023; time as the annual budget submission of the
project described in subparagraph (A) is capable ‘‘(2) $1,289,891,200 for fiscal year 2024; President, the Secretary shall submit to the
of meeting Federal research needs in accessing ‘‘(3) $1,428,284,672 for fiscal year 2025; Committee on Appropriations and the Committee
the ultra-high energy physics of inflation and ‘‘(4) $1,499,881,752 for fiscal year 2026; and on Energy and Natural Resources of the Senate
important neutrino properties. ‘‘(5) $1,554,874,657 for fiscal year 2027.’’. and the Committee on Appropriations and the
‘‘(C) EXPERIMENTAL CAPABILITIES.—The Sec- SEC. 10107. NUCLEAR PHYSICS PROGRAM. Committee on Science, Space, and Technology of
retary shall ensure to the maximum extent prac- the House of Representatives a list of projects
Section 308 of the Department of Energy Re-
ticable that the facility described in subpara- for which the Secretary will provide funding
search and Innovation Act (Public Law 115–246;
graph (A) will provide, at a minimum, 500,000 under this section, including a description of
132 Stat. 3150) is amended to read as follows:
superconducting detectors deployed on an array each project and the funding profile for the
of millimeter-wave telescopes with the required ‘‘SEC. 308. NUCLEAR PHYSICS.
‘‘(a) PROGRAM.—As part of the activities au- project.
range in frequency, sensitivity, and survey ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
speed that will provide sufficient capability to thorized under section 209 of the Department of
Energy Organization Act (42 U.S.C. 7139), the Out of funds authorized to be appropriated for
enable an order of magnitude advance in obser- the Office of Science in a fiscal year, there is
vations of the Cosmic Microwave Background, Director shall carry out a research program,
and support relevant facilities, to discover and authorized to be appropriated to the Secretary
delivering transformative discoveries in funda- to carry out the activities described in this sec-
mental physics, cosmology, and astrophysics. understand various forms of nuclear matter.
‘‘(b) ELECTRON ION COLLIDER.— tion $550,000,000 for each of fiscal years 2023
‘‘(D) START OF OPERATIONS.—The Secretary
‘‘(1) IN GENERAL.—The Secretary shall support through 2027.’’.
shall, subject to the availability of appropria-
construction of an Electron Ion Collider as de- SEC. 10109. ACCELERATOR RESEARCH AND DE-
tions, ensure that the start of full operations of
scribed in the 2015 Long Range Plan of the Nu- VELOPMENT.
the facility described in subparagraph (A) oc-
curs before December 31, 2030. clear Science Advisory Committee and the report The Department of Energy Research and In-
‘‘(E) FUNDING.—Out of funds authorized to be from the National Academies of Science, Engi- novation Act (42 U.S.C. 18601 et seq.) is amended
appropriated under subsection (k), there are au- neering, and Medicine entitled ‘An Assessment by adding at the end the following:
thorized to be appropriated to the Secretary to of U.S.-Based Electron-Ion Collider Science’, in ‘‘SEC. 310. ACCELERATOR RESEARCH AND DEVEL-
order to measure the internal structure of the OPMENT.
carry out construction of the facility described
in subparagraph (A)— proton and the nucleus and answer funda- ‘‘(a) PROGRAM.—As part of the activities au-
‘‘(i) $10,000,000 for fiscal year 2023; mental questions about the nature of visible thorized under section 209 of the Department of
‘‘(ii) $25,000,000 for fiscal year 2024; matter. Energy Organization Act (42 U.S.C. 7139), the
‘‘(iii) $60,000,000 for fiscal year 2025; ‘‘(2) FACILITY CAPABILITY.—The Secretary Director shall carry out a research program—
‘‘(iv) $80,000,000 for fiscal year 2026; and shall ensure that the facility described in para- ‘‘(1) to advance accelerator science and tech-
‘‘(v) $80,000,000 for fiscal year 2027. graph (1) meets the requirements in the 2015 nology relevant to the Department, other Fed-
‘‘(h) ACCELERATOR AND DETECTOR UP- Long Range Plan described in that paragraph, eral agencies, and United States industry;
GRADES.—The Director shall upgrade accel- including— ‘‘(2) to foster partnerships to develop, dem-
erator facilities and detectors, as necessary and ‘‘(A) at least 70 percent polarized beams of onstrate, and enable the commercial application
appropriate, to increase beam power, sustain electrons and light ions; of accelerator technologies;
high reliability, and improve precision measure- ‘‘(B) ion beams from deuterium to the heaviest ‘‘(3) to support the development of a skilled,
ment to advance the highest priority particle stable nuclei; diverse, and inclusive accelerator workforce;
physics research programs. In carrying out fa- ‘‘(C) variable center of mass energy from 20 to and
cility upgrades, the Director shall continue to 140 GeV; ‘‘(4) to provide access to accelerator design
work with international partners, when appro- ‘‘(D) high collision luminosity of 1033–34cm-2s-1; and engineering resources.
priate and in the United States’ interest, to le- and ‘‘(b) ACCELERATOR RESEARCH.—In carrying
verage investments and expertise in critical ‘‘(E) the possibility of more than 1 interaction out the program authorized under subsection
technologies to help build and upgrade accel- region. (a), the Director shall support—
erator and detector facilities in the United ‘‘(3) START OF OPERATIONS.—The Secretary ‘‘(1) research activities in cross-cutting accel-
States. shall, subject to the availability of appropria- erator technologies including superconducting
‘‘(i) ACCELERATOR AND DETECTOR RESEARCH tions, ensure that the start of full operations of magnets and accelerators, beam physics, data
AND DEVELOPMENT.—As part of the program de- the facility under this subsection occurs before analytics-based accelerator controls, simulation
scribed in subsection (b), the Director shall December 31, 2030. software, new particle sources, advanced laser
dlhill on DSK120RN23PROD with HOUSE
carry out research and development in particle ‘‘(4) FUNDING.—Out of funds authorized to be technology, and transformative research; and
beam physics, accelerator science and tech- appropriated under subsection (c), there are au- ‘‘(2) optimal operation of the Accelerator Test
nology, and particle and radiation detection thorized to be appropriated to the Secretary to Facility.
with relevance to the specific needs of the High carry out construction of the facility under this ‘‘(c) ACCELERATOR DEVELOPMENT.—In car-
Energy Physics program, in coordination with subsection— rying out the program authorized under sub-
the Accelerator Research and Development pro- ‘‘(A) $90,000,000 for fiscal year 2023; section (a), the Director shall support partner-
gram authorized under section 310. ‘‘(B) $181,000,000 for fiscal year 2024; ships to foster the development, demonstration,
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H7296 CONGRESSIONAL RECORD — HOUSE July 28, 2022
and commercial application of accelerator tech- ‘‘(i) evidence-based reports, such as the 2015 ‘‘(4) FACA.—The committee shall be subject to
nologies, including advanced superconducting report of the Nuclear Science Advisory Com- the Federal Advisory Committee Act (5 U.S.C.
wire and cable, superconducting RF cavities, mittee entitled ‘Meeting Isotope Needs and Cap- App.).
and high efficiency radiofrequency power turing Opportunities for the Future’; and ‘‘(d) REPORT.—
sources for accelerators. ‘‘(ii) assessments of isotope supply chains, in- ‘‘(1) IN GENERAL.—Not later than the end of
‘‘(d) RESEARCH COLLABORATIONS.—In devel- cluding the assessment described in paragraph the first fiscal year beginning after the date of
oping accelerator technologies under the pro- (3), any reports submitted pursuant to sub- enactment of this section, and biennially there-
gram authorized under subsection (a), the Di- section (d), and other current and future assess- after, the Secretary of Energy Advisory Board
rector shall— ments; shall submit to the Committees on Energy and
‘‘(1) consider the requirements necessary to ‘‘(2) ensure that isotope production activities Natural Resources and Environment and Public
support translational research and development carried out under this subsection are consistent Works of the Senate and the Committees on
for medical, industrial, security, and defense with the statement of policy entitled ‘Policies Science, Space, and Technology and Energy and
applications; and and Procedures for Transfer of Commercial Ra- Commerce of the House of Representatives a re-
‘‘(2) leverage investments in accelerator tech- dioisotope Production and Distribution to Pri- port describing the progress made under the pro-
nologies and fundamental research in particle vate Industry’ (30 Fed. Reg. 3247 (March 9, gram established under subsection (b) during
physics by partnering with institutions of high- 1965)); the preceding 2 fiscal years.
er education, industry, and other Federal agen- ‘‘(3) assess the domestic requirements of cur- ‘‘(2) INCLUSIONS.—Each report under para-
cies to enable the commercial application of ad- rent and emerging critical radioactive and stable graph (1) shall include—
vanced accelerator technologies. isotopes and associated applications, including ‘‘(A) an updated assessment of any critical ra-
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— by consulting end-users, to identify areas that dioactive and stable isotope shortages in the
Out of funds authorized to be appropriated for may require Federal investment for expedited United States;
the Office of Science in a fiscal year, there are development of domestic production capacity for ‘‘(B) a description of—
authorized to be appropriated to the Secretary those isotopes, including through public-private ‘‘(i) any disruptions in the international sup-
to carry out the activities described in this sec- partnerships, as appropriate; ply of critical radioactive and stable isotopes
tion— ‘‘(4) ensure that actions taken by the Depart- during the preceding 2 fiscal years; and
‘‘(1) $19,080,000 for fiscal year 2023; ment do not interfere with, delay, compete with, ‘‘(ii) the impact of those disruptions on related
‘‘(2) $20,224,800 for fiscal year 2024; or otherwise adversely affect efforts by the pri- activities; and
‘‘(3) $21,438,288 for fiscal year 2025; vate sector to make available or otherwise facili- ‘‘(C)(i) a projection of anticipated disruptions
‘‘(4) $22,724,585 for fiscal year 2026; and tate the supply of critical radioactive and stable in the international supply, or supply con-
‘‘(5) $24,088,060 for fiscal year 2027.’’. isotopes, including efforts under existing agree- straints, of critical radioactive and stable iso-
SEC. 10110. ISOTOPE RESEARCH, DEVELOPMENT, ments between the Department or contractors of topes during the next 2 fiscal years; and
AND PRODUCTION. the Department and the private sector; and ‘‘(ii) the anticipated impact of those disrup-
(a) IN GENERAL.—The Department of Energy ‘‘(5) in coordination with the Assistant Sec- tions or constraints, as applicable, on related
Research and Innovation Act (42 U.S.C. 18601 et retary for Nuclear Energy, assess options for domestic activities.
seq.) is amended by adding after section 310 (as demonstrating the production of critical radio- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
added by section 10109) the following: active and stable isotopes in research, test, or Out of funds authorized to be appropriated for
‘‘SEC. 311. ISOTOPE RESEARCH, DEVELOPMENT, commercial nuclear reactors and accelerators, the Office of Science in a fiscal year, there are
AND PRODUCTION. including reactors and accelerators operated at authorized to be appropriated to the Secretary
‘‘(a) DEFINITION OF CRITICAL RADIOACTIVE universities. to carry out this section—
AND STABLE ISOTOPE.— ‘‘(c) ADVISORY COMMITTEE.— ‘‘(1) $175,708,000 for fiscal year 2023;
‘‘(1) IN GENERAL.—In this section, the term ‘‘(1) IN GENERAL.—Not later than 90 days after ‘‘(2) $196,056,480 for fiscal year 2024;
‘critical radioactive and stable isotope’ means a the date of enactment of this section, the Sec- ‘‘(3) $215,759,869 for fiscal year 2025;
radioactive and stable isotope— retary shall establish an advisory committee (re- ‘‘(4) $200,633,461 for fiscal year 2026; and
‘‘(A) the domestic commercial production of ferred to in this subsection as the ‘committee’) in ‘‘(5) $146,293,469 for fiscal year 2027.’’.
which is unavailable or inadequate to satisfy alignment with the program established under (b) DEMONSTRATION OF ISOTOPE PRODUC-
the demand of research, medical, industrial, or subsection (b)— TION.—Section 952(a) of the Energy Policy Act
related industries in the United States; and ‘‘(A) to carry out the activities previously exe- of 2005 (42 U.S.C. 16272(a)) is amended—
‘‘(B) the supply of which is augmented cuted as part of the Isotope Subcommittee of the (1) by redesignating paragraph (2) as para-
through— Nuclear Science Advisory Committee; and graph (4) and moving the paragraph so as to ap-
‘‘(i) Department production; or ‘‘(B) to provide expert advice and assistance pear after paragraph (3); and
‘‘(ii) foreign suppliers. to the Director in carrying out that program. (2) by inserting after paragraph (1) the fol-
‘‘(2) EXCLUSION.—In this section, the term ‘‘(2) REPORT.— lowing:
‘critical radioactive and stable isotope’ does not ‘‘(A) IN GENERAL.—Not later than 1 year after ‘‘(2) ISOTOPE DEMONSTRATION EVALUATION.—
include the medical isotope molybdenum-99, the the committee is established, the committee ‘‘(A) IN GENERAL.—Not later than 1 year after
production and supply of which is addressed in shall— the date of enactment of the Research and De-
the American Medical Isotopes Production Act ‘‘(i) update the 2015 Nuclear Science Advisory velopment, Competition, and Innovation Act,
of 2012 (Public Law 112–239; 126 Stat. 2211) (in- Committee Isotopes Subcommittee Report enti- the Secretary, acting through the Assistant Sec-
cluding the amendments made by that Act). tled ‘Meeting Isotope Needs and Capturing Op- retary for Nuclear Energy, shall evaluate the
‘‘(b) PROGRAM.—The Director shall— portunities for the Future’; and technical and economic feasibility of the estab-
‘‘(1) carry out, in coordination with other rel- ‘‘(ii) periodically update that report thereafter lishment of an isotope demonstration subpro-
evant programs across the Department, a pro- as needed. gram of the program established under para-
gram— ‘‘(B) INCLUSIONS.—An updated report under graph (1) to support the development and com-
‘‘(A) for the production of critical radioactive subparagraph (A) shall include an assessment mercial demonstration of critical radioactive
and stable isotopes, including the development of— and stable isotope production in existing com-
of techniques to produce isotopes, that the Sec- ‘‘(i) current demand in the United States for mercial nuclear power plants.
retary determines are needed and of sufficient critical radioactive and stable isotopes; ‘‘(B) CONSULTATION.—The Secretary, acting
quality and quantity for research, medical, in- ‘‘(ii) the impact of continued reliance on for- through the Assistant Secretary for Nuclear En-
dustrial, or related purposes; eign supply of critical radioactive and stable ergy, shall consult with the Director of the Of-
‘‘(B) for the production of critical radioactive isotopes; fice of Science in carrying out the evaluation
and stable isotopes that are in short supply or ‘‘(iii) proposed mitigation strategies, including under subparagraph (A).
projected to be in short supply in the future, in- increasing domestic production sources for crit- ‘‘(C) DEFINITION OF CRITICAL RADIOACTIVE
cluding byproducts, surplus materials, and re- ical radioactive and stable isotopes, that— AND STABLE ISOTOPE.—In this paragraph, the
lated isotope services; ‘‘(I) are not commercially available; or term ‘critical radioactive and stable isotope’ has
‘‘(C) to maintain and enhance the infrastruc- ‘‘(II) are commercially produced in quantities the meaning given the term in section 311(a) of
ture required to produce and supply critical ra- that are not sufficient— the Department of Energy Research and Inno-
dioactive and stable isotope products and re- ‘‘(aa) to satisfy domestic demand; and vation Act.’’.
lated services; ‘‘(bb) to minimize production constraints and (c) RADIOISOTOPE PROCESSING FACILITY.—
‘‘(D) to conduct research and development on supply disruptions to the United States (1) IN GENERAL.—The Secretary of Energy (re-
new and improved isotope production and proc- healthcare and industrial isotope industries; ferred to in this subsection as ‘‘the Secretary’’)
essing techniques that can make critical radio- ‘‘(iv) current facilities, including upgrades to shall construct a radioisotope processing facility
active and stable isotopes available for research those facilities, and new facilities needed to to provide for the growing radiochemical proc-
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and application as soon as possible while assist- meet domestic critical isotope needs; and essing capability needs associated with the pro-
ing in workforce development; ‘‘(v) workforce development needs. duction of critical radioactive isotopes author-
‘‘(E) to reduce domestic dependency on the ‘‘(3) NONDUPLICATION.—The committee shall ized under section 311 of the Department of En-
foreign supply of critical radioactive and stable work in alignment with, and shall not duplicate ergy Research and Innovation Act.
isotopes to ensure national preparedness; and the efforts of, preexisting advisory committees (2) FUNDING.—Out of funds authorized to be
‘‘(F) to the maximum extent practicable, in ac- that are advising the program established under appropriated under section 311(e) of the Depart-
cordance with— subsection (b). ment of Energy Research and Innovation Act,
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7297
there are authorized to be appropriated to the tions (as defined in that section), institutions in tions, institutions in eligible jurisdictions, and
Secretary to carry out this subsection— eligible jurisdictions (as defined in that section), emerging research institutions.
(A) $30,500,000 for fiscal year 2023; emerging research institutions, community col- ‘‘(c) BUILDING RESEARCH CAPACITY.—
(B) $75,000,000 for fiscal year 2024; leges, and scientific societies in those disciplines. ‘‘(1) IN GENERAL.—The Secretary shall develop
(C) $105,000,000 for fiscal year 2025; ‘‘(b) PLAN.—Not later than 1 year after the programs that strengthen the research capacity
(D) $83,000,000 for fiscal year 2026; and date of enactment of the Research and Develop- relevant to Office of Science disciplines at
(E) $43,000,000 for fiscal year 2027. ment, Competition, and Innovation Act, the Sec- emerging research institutions, including minor-
(d) STABLE ISOTOPE PRODUCTION AND RE- retary shall submit to the Committee on Science, ity-serving institutions, Tribal Colleges or Uni-
SEARCH CENTER.— Space, and Technology of the House of Rep- versities, Historically Black Colleges or Univer-
(1) IN GENERAL.—The Secretary of Energy (re- resentatives and the Committees on Energy and sities, institutions in eligible jurisdictions (as de-
ferred to in this subsection as ‘‘the Secretary’’) Natural Resources and Commerce, Science, and fined in section 2203(b)(3)(A) of the Energy Pol-
shall establish a stable isotope production and Transportation of the Senate and make avail- icy Act of 1992 (42 U.S.C. 13503(b)(3)(A))), insti-
research center— able to the public a plan for broadening partici- tutions in communities with dislocated workers
(A) to expand the ability of the United States pation of underrepresented groups in science, who were previously employed in manufac-
to perform multiple stable isotope production technology, engineering, and mathematics in turing, energy production, including coal power
campaigns at large-scale production, as author- programs supported by the Department, includ- plants, and mineral and material mining, and
ized under section 311 of the Department of En- ing— other institutions of higher education.
ergy Research and Innovation Act; ‘‘(1) a plan for supporting relevant Federal re- ‘‘(2) INCLUSIONS.—The programs developed
(B) to mitigate the dependence of the United search award grantees and leveraging the Na- under paragraph (1) may include—
‘‘(A) enabling mutually beneficial and jointly
States on foreign-produced stable isotopes; tional Science Foundation INCLUDES National
managed partnerships between research-inten-
(C) to promote economic resilience; and Network and relevant partnerships, including
sive institutions and emerging research institu-
(D) to conduct research and development on partnerships maintained by other Federal re-
tions; and
stable isotope production and associated meth- search agencies; ‘‘(B) soliciting research proposals, fellowships,
ods and technology. ‘‘(2) metrics for assessing the participation of training programs, and research support di-
(2) FUNDING.—Out of funds authorized to be underrepresented groups in programs supported rectly from emerging research institutions.
appropriated under section 311(e) of the Depart- by the Department; ‘‘(d) TRAINEESHIPS.—
ment of Energy Research and Innovation Act, ‘‘(3) experienced and potential barriers to ‘‘(1) IN GENERAL.—The Secretary shall estab-
there are authorized to be appropriated to the broadening participation of underrepresented lish a university-led Traineeship Program to ad-
Secretary to carry out this subsection— groups in programs supported by the Depart- dress workforce development needs in STEM
(A) $74,400,000 for fiscal year 2023; ment, including recommended solutions; and fields relevant to the Department.
(B) $46,000,000 for fiscal year 2024; ‘‘(4) any other activities the Secretary deter- ‘‘(2) FOCUS.—The focus of the Traineeship
(C) $31,200,000 for fiscal year 2025; mines appropriate. Program established under paragraph (1) shall
(D) $33,300,000 for fiscal year 2026; and ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—Of be on—
(E) $13,900,000 for fiscal year 2027. the amounts authorized to be appropriated ‘‘(A) supporting workforce development and
SEC. 10111. INCREASED COLLABORATION WITH under section 3169, not less than $2,000,000 is research experiences for underrepresented un-
TEACHERS AND SCIENTISTS. authorized to be appropriated each fiscal year dergraduate and graduate students; and
(a) IN GENERAL.—The Department of Energy for the activities described in this section. ‘‘(B) increasing participation from underrep-
Research and Innovation Act (42 U.S.C. 18601 et ‘‘SEC. 3167B. EXPANDING OPPORTUNITIES FOR resented populations.
HIGHLY SKILLED SCIENCE, TECH- ‘‘(3) INCLUSION.—The traineeships under the
seq.) is amended by adding after section 311 (as
NOLOGY, ENGINEERING, AND MATH- Traineeship Program established under para-
added by section 10110), the following:
EMATICS (STEM) PROFESSIONALS. graph (1) shall include opportunities to build
‘‘SEC. 312. INCREASED COLLABORATION WITH
‘‘(a) IN GENERAL.—The Secretary shall— the next-generation workforce in research areas
TEACHERS AND SCIENTISTS.
‘‘(1) expand opportunities and increase the critical to maintaining core competencies across
‘‘The Director shall support the development number of highly skilled science, technology, en- the programs of the Office of Science.
of a scientific workforce through programs that gineering, and mathematics (STEM) profes- ‘‘(e) EVALUATION.—
facilitate collaboration between and among sionals working in disciplines relevant to the ‘‘(1) IN GENERAL.—The Secretary shall estab-
teachers at elementary schools and secondary mission of the Department; and lish key performance indicators to measure and
schools served by local educational agencies, ‘‘(2) broaden the recruitment pool to increase monitor progress of education and workforce
students at institutions of higher education, participation from and expand partnerships programs and expand Departmental activities
early-career researchers, faculty at institutions with Historically Black Colleges or Universities, for data collection and analysis.
of higher education, and the National Labora- Hispanic serving institutions, Tribal Colleges or ‘‘(2) REPORT.—Not later than 2 years after the
tories, including through the use of proven tech- Universities, minority-serving institutions, insti- date of enactment of the Research and Develop-
niques to expand the number of individuals from tutions in eligible jurisdictions, emerging re- ment, Competition, and Innovation Act, and
underrepresented groups pursuing and attain- search institutions, community colleges, and sci- every 2 years thereafter, the Secretary shall sub-
ing skills or undergraduate and graduate de- entific societies in those disciplines. mit to the Committee on Science, Space, and
grees relevant to the mission of the Office of ‘‘(b) PLAN AND OUTREACH STRATEGY.— Technology and the Committee on Education
Science.’’. ‘‘(1) PLAN.— and Labor of the House of Representatives and
(b) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘(A) IN GENERAL.—Not later than 180 days the Committee on Energy and Natural Resources
tion 3169 of the Department of Energy Science after the date of enactment of the Research and and the Committee on Health, Education,
Education Enhancement Act (42 U.S.C. 7381e) is Development, Competition, and Innovation Act, Labor, and Pensions of the Senate a report sum-
amended— the Secretary shall submit to the Committee on marizing progress toward meeting the key per-
(1) by striking ‘‘There are’’ and inserting Science, Space, and Technology of the House of formance indicators established under para-
‘‘Out of funds authorized to be appropriated for Representatives and the Committee on Energy graph (1).
the Office of Science of the Department of En- and Natural Resources of the Senate a 10-year ‘‘(f) DEFINITIONS.—In this section:
ergy in a fiscal year, there are’’; and ‘‘(1) COMMUNITY COLLEGE.—The term ‘commu-
educational plan to fund and expand new or ex-
(2) by striking ‘‘fiscal year 1991’’ and inserting nity college’ means—
isting programs administered by the Office of ‘‘(A) a public institution of higher education,
‘‘each of fiscal years 2023 through 2027’’. Science and sited at the National Laboratories
(c) BROADENING PARTICIPATION IN WORK- including additional locations, at which the
and Department user facilities to expand edu- highest awarded degree, or the predominantly
FORCE DEVELOPMENT FOR TEACHERS AND SCI- cational and workforce development opportuni-
ENTISTS.—
awarded degree, is an associate degree; or
ties for underrepresented individuals, includ- ‘‘(B) any Tribal college or university.
(1) IN GENERAL.—The Department of Energy ing— ‘‘(2) DISLOCATED WORKER.—The term ‘dis-
Science Education Enhancement Act is amended ‘‘(i) high school, undergraduate, and grad- located worker’ has the meaning given the term
by inserting after section 3167 (42 U.S.C. 7381c– uate students; and in section 3 of the Workforce Innovation and
1) the following: ‘‘(ii) recent graduates, teachers, and faculty Opportunity Act (29 U.S.C. 3102).
‘‘SEC. 3167A. BROADENING PARTICIPATION FOR in STEM fields. ‘‘(3) HISPANIC-SERVING INSTITUTION.—The
TEACHERS AND SCIENTISTS. ‘‘(B) CONTENTS.—The plan under subpara- term ‘Hispanic-serving institution’ has the
‘‘(a) IN GENERAL.—The Secretary shall— graph (A) may include paid internships, fellow- meaning given the term in section 502(a) of the
‘‘(1) expand opportunities to increase the ships, temporary employment, training pro- Higher Education Act of 1965 (20 U.S.C.
number of highly skilled science, technology, en- grams, visiting student and faculty programs, 1101a(a)).
gineering, and mathematics (STEM) profes- sabbaticals, and research support. ‘‘(4) HISTORICALLY BLACK COLLEGE OR UNIVER-
sionals working in disciplines relevant to the ‘‘(2) OUTREACH CAPACITY.—The Secretary SITY.—The term ‘Historically Black College or
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mission of the Department; and shall include in the plan under paragraph (1) University’ has the meaning given the term
‘‘(2) broaden the recruitment pool to increase an outreach strategy to improve the advertising, ‘part B institution’ in section 322 of the Higher
participation from Historically Black Colleges or recruitment, and promotion of educational and Education Act of 1965 (20 U.S.C. 1061).
Universities (as defined in section 3167B(f)), His- workforce development programs to community ‘‘(5) INSTITUTION IN AN ELIGIBLE JURISDIC-
panic-serving institutions (as defined in that colleges, Historically Black Colleges or Univer- TION.—The term ‘institution in an eligible juris-
section), Tribal Colleges or Universities (as de- sities, Hispanic-serving institutions, Tribal Col- diction’ means an institution of higher edu-
fined in that section), minority-serving institu- leges or Universities, minority-serving institu- cation (as defined in section 101 of the Higher
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H7298 CONGRESSIONAL RECORD — HOUSE July 28, 2022
Education Act of 1965 (20 U.S.C. 1001)) that is ‘‘(3) $150,000,000 for fiscal year 2025; mental studies, materials synthesis, and high-
located in an eligible jurisdiction (as defined in ‘‘(4) $200,000,000 for fiscal year 2026; and performance computing technologies needed in
section 2203(b)(3)(A) of the Energy Policy Act of ‘‘(5) $250,000,000 for fiscal year 2027. order to more quickly and effectively charac-
1992 (42 U.S.C. 13503(b)(3)(A))). ‘‘SEC. 314. HELIUM CONSERVATION PROGRAM. terize, model, simulate, and predict complex nat-
‘‘(6) MINORITY-SERVING INSTITUTION.—The ‘‘(a) IN GENERAL.—The Secretary shall estab- ural phenomena and biological materials related
term ‘minority-serving institution’ includes the lish a program to reduce the consumption of he- to emerging biological threats;
entities described in any of paragraphs (1) lium for Department grant recipients and facili- ‘‘(B) supporting the development of tools that
through (7) of section 371(a) of the Higher Edu- ties and encourage helium recycling and reuse. inform epidemiological modeling, and applying
cation Act of 1965 (20 U.S.C. 1067q(a)). The program shall competitively award grants artificial intelligence, machine learning, and
‘‘(7) STEM.—The term ‘STEM’ means the sub- for— other computing tools to accelerate such proc-
jects listed in section 2 of the STEM Education ‘‘(1) the purchase of equipment to capture, esses;
Act of 2015 (42 U.S.C. 6621 note; Public Law 114– reuse, and recycle helium; ‘‘(C) supporting research and capabilities that
59). ‘‘(2) the installation, maintenance, and repair enhance understanding and modeling of the
‘‘(8) TRIBAL COLLEGE OR UNIVERSITY.—The of new and existing helium capture, reuse, and transport of pathogens in indoor and outdoor
term ‘Tribal College or University’ has the recycling equipment; and air and water environments;
meaning given the term in section 316(b) of the ‘‘(3) helium alternatives research and develop- ‘‘(D) identifying priority research opportuni-
Higher Education Act of 1965 (20 U.S.C. ment activities. ties and capabilities for molecular design and
1059c(b)).’’. ‘‘(b) REPORT.—Not later than 2 years after the modeling for medical countermeasures;
(2) CLERICAL AMENDMENT.—The table of con- date of enactment of the Research and Develop- ‘‘(E) ensuring that new experimental and
tents in section 2(b) of the National Defense Au- ment, Competition, and Innovation Act, and computational tools are accessible to relevant re-
thorization Act for Fiscal Year 1991 (Public Law every 3 years thereafter, the Director shall sub- search communities, including private sector en-
101–510; 104 Stat. 1497) is amended by striking mit to the Committee on Science, Space, and tities and other Federal research institutions;
the items relating to sections 3167 and 3168 and Technology of the House of Representatives and and
inserting the following: the Committee on Energy and Natural Resources ‘‘(F) supporting activities and projects that
of the Senate a report on the purchase of helium combine computational modeling and simulation
‘‘Sec. 3167. Partnerships with historically Black
as part of research projects and facilities sup- with experimental research facilities and stud-
colleges and universities, His-
ported by the Department. The report shall in- ies;
panic-serving institutions, and ‘‘(3) leverage the research infrastructure of
tribal colleges. clude—
‘‘(1) the quantity of helium purchased for the Department, including scientific computing
‘‘Sec. 3167A. Broadening participation for user facilities, x-ray light sources, neutron scat-
teachers and scientists. projects and facilities supported by Department
grants; tering facilities, nanoscale science research cen-
‘‘Sec. 3167B. Expanding opportunities for high- ters, and sequencing and biocharacterization fa-
ly skilled science, technology, en- ‘‘(2) a cost-analysis for such helium;
‘‘(3) to the maximum extent practicable, infor- cilities;
gineering, and mathematics ‘‘(4) leverage experience from existing mod-
(STEM) professionals. mation on whether such helium was imported
from outside the United States, and if available, eling and simulation research and work spon-
‘‘Sec. 3168. Definitions. sored by the Department and promote collabora-
‘‘Sec. 3169. Authorization of appropriations.’’. the country or region of the world from which
the helium was imported; tion and data sharing between National Labora-
SEC. 10112. HIGH INTENSITY LASER RESEARCH tories, research entities, and user facilities of
INITIATIVE; HELIUM CONSERVATION ‘‘(4) expected or experienced impacts of helium
supply shortages or prices on the research the Department by providing necessary access
PROGRAM; OFFICE OF SCIENCE
EMERGING BIOLOGICAL THREAT projects and facilities supported by the Depart- and secure data transfer capabilities; and
PREPAREDNESS RESEARCH INITIA- ment; and ‘‘(5) ensure that new experimental and com-
TIVE; MIDSCALE INSTRUMENTATION ‘‘(5) recommendations for reducing Depart- putational tools are accessible to relevant re-
AND RESEARCH EQUIPMENT PRO- ment grant recipients’ exposure to volatile he- search communities, including private sector en-
GRAM; AUTHORIZATION OF APPRO- lium prices and supply shortages. tities, to address emerging biological threats.
PRIATIONS. ‘‘(d) COORDINATION.—In carrying out the ini-
‘‘(c) COORDINATION.—In carrying out the pro-
(a) IN GENERAL.—The Department of Energy gram under this section, the Director shall co- tiative established under subsection (a), the Sec-
Research and Innovation Act (42 U.S.C. 18601 et ordinate with the National Science Foundation retary shall coordinate activities with—
seq.) (as amended by section 10111(a)) is amend- ‘‘(1) other relevant offices of the Department;
and other relevant Federal agencies on helium
ed by adding at the end the following: ‘‘(2) the National Nuclear Security Adminis-
conservation activities.
‘‘SEC. 313. HIGH INTENSITY LASER RESEARCH INI- tration;
‘‘(d) DURATION.—The program established
TIATIVE. ‘‘(3) the National Laboratories;
under this section shall receive support for a pe- ‘‘(4) the Director of the National Science
‘‘(a) IN GENERAL.—The Director shall estab- riod of not more than 5 years, subject to the
lish a high intensity laser research initiative Foundation;
availability of appropriations. ‘‘(5) the Director of the Centers for Disease
consistent with the recommendations of the Na- ‘‘(e) RENEWAL.—Upon expiration of any pe- Control and Prevention;
tional Academies report entitled ‘Opportunities riod of support of the program under this sec- ‘‘(6) the Director of the National Institutes of
in Intense Ultrafast Lasers: Reaching for the tion, the Director may renew support for the Health;
Brightest Light’ and the report from the Bright- program for a period of not more than 5 years. ‘‘(7) the Assistant Secretary for Preparedness
est Light Initiative workshop entitled ‘The Fu- ‘‘SEC. 315. OFFICE OF SCIENCE BIOLOGICAL and Response;
ture of Intense Ultrafast Lasers in the U.S.’. THREAT PREPAREDNESS RESEARCH ‘‘(8) the heads of other relevant Federal agen-
The initiative should include research and de- INITIATIVE. cies;
velopment of petawatt-scale and of high average ‘‘(a) IN GENERAL.—The Secretary shall estab- ‘‘(9) institutions of higher education; and
power laser technologies necessary for future fa- lish within the Office of Science a cross-cutting ‘‘(10) the private sector.
cility needs in discovery science and to advance research initiative, to be known as the ‘Biologi- ‘‘(e) INFECTIOUS DISEASES HIGH PERFORMANCE
energy technologies, as well as support for a cal Threat Preparedness Research Initiative’, to COMPUTING RESEARCH CONSORTIUM.—
user network of academic and National Labora- leverage the innovative analytical resources and ‘‘(1) IN GENERAL.—The Secretary, in coordina-
tory high intensity laser facilities. tools, user facilities, and advanced computa- tion with the Director of the National Science
‘‘(b) LEVERAGE.—The Director shall leverage tional and networking capabilities of the De- Foundation and the Director of the Office of
new laser technologies for more compact, less partment in order to support efforts that pre- Science and Technology Policy, shall establish
complex, and low-cost accelerator systems need- vent, prepare for, predict, and respond to bio- and operate an Emerging Infectious Diseases
ed for science applications. logical threats to national security, including High Performance Computing Research Consor-
‘‘(c) COORDINATION.— infectious diseases. tium (referred to in this section as the ‘Consor-
‘‘(1) DIRECTOR.—The Director shall coordinate ‘‘(b) COMPETITIVE, MERIT-REVIEWED PROC- tium’), to support the initiative established
the initiative established under subsection (a) ESS.—The Secretary shall carry out the initia- under subsection (a) by providing, to the extent
among all relevant programs within the Office tive established under subsection (a) through a practicable, a centralized entity for multidisci-
of Science. competitive, merit-reviewed process, and con- plinary, collaborative, emerging infectious dis-
‘‘(2) UNDER SECRETARY.—The Under Secretary sider applications from National Laboratories, ease and biosecurity research and development
for Science shall coordinate the initiative estab- institutions of higher education, multi-institu- through high performance computing and ad-
lished under subsection (a) with other relevant tional collaborations, industry partners and vanced data analytics technologies and proc-
programs within the Department and other Fed- other appropriate entities. esses, in conjunction with the experimental re-
eral agencies. ‘‘(c) ACTIVITIES.—In carrying out the initia- search facilities and studies supported by the
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— tive established under subsection (a), the Sec- Department.
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Out of funds authorized to be appropriated for retary shall— ‘‘(2) MEMBERSHIP.—The members of the Con-
the Office of Science in a fiscal year, there are ‘‘(1) determine a comprehensive set of tech- sortium may include representatives from rel-
authorized to be appropriated to the Secretary nical milestones for the research activities de- evant Federal agencies, the National Labora-
to carry out the activities described in this sec- scribed in that subsection; tories, the private sector, and institutions of
tion— ‘‘(2) prioritize the objectives of— higher education, which can each contribute
‘‘(1) $50,000,000 for fiscal year 2023; ‘‘(A) supporting fundamental research and relevant compute time, capabilities, or other re-
‘‘(2) $100,000,000 for fiscal year 2024; development in advanced analytics, experi- sources.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7299
‘‘(3) ACTIVITIES.—The Consortium shall— ‘‘(c) COORDINATION WITH OTHER PROGRAMS.— (D) by adding at the end the following:
‘‘(A) match applicants with available Federal The Director shall coordinate the program es- ‘‘(V) to develop research clusters for par-
and private sector computing resources; tablished under subsection (a) with all other ticular areas of expertise; and
‘‘(B) consider supplemental awards for com- programs carried out by the Office of Science of ‘‘(VI) to diversify the future workforce.’’.
puting partnerships with Consortium members the Department. (b) RESEARCH CAPABILITY ENHANCEMENT.—
to qualifying entities on a competitive merit-re- ‘‘(d) RESEARCH EQUIPMENT AND TECHNOLOGY Section 2203(b)(3) of the Energy Policy Act of
view basis; DEVELOPMENT COORDINATION.—The Director 1992 (42 U.S.C. 13503(b)(3)) is amended by strik-
‘‘(C) encourage collaboration and communica- shall encourage coordination among the Office ing subparagraph (F) and inserting the fol-
tion among member representatives of the Con- of Science, the National Laboratories, the Office lowing:
sortium and awardees; of Technology Transitions, and relevant aca- ‘‘(F) RESEARCH CAPABILITY ENHANCEMENT.—
‘‘(D) provide access to the high-performance demic and private sector entities to identify, dis- ‘‘(i) SCHOLARSHIPS AND FELLOWSHIPS.—
computing capabilities, expertise, and user fa- seminate, and commercialize research instru- ‘‘(I) IN GENERAL.—Pursuant to subparagraph
cilities of the Department and the National Lab- ments, equipment, and related technologies de- (E)(ii), the Secretary shall award grants to insti-
oratories; and veloped to aid basic science research discoveries tutions of higher education in eligible jurisdic-
‘‘(E) submit an annual report to the Secretary that meet the mission of the Department. tions for those institutions of higher education
summarizing the activities of the Consortium, ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— to provide scholarships and fellowships.
including— Out of funds authorized to be appropriated for ‘‘(II) GRANT.—A scholarship or fellowship
‘‘(i) describing each project undertaken by the the Office of Science in a fiscal year, there is awarded by an institution of higher education
Consortium; authorized to be appropriated to carry out this in an eligible jurisdiction using a grant provided
‘‘(ii) detailing organizational expenditures; section $150,000,000 for each of fiscals years 2023 under subclause (I)—
and ‘‘(aa) in the case of an undergraduate schol-
through 2027.
‘‘(iii) evaluating contributions to the achieve- arship—
‘‘SEC. 317. AUTHORIZATION OF APPROPRIATIONS. ‘‘(AA) shall be for a period of 1 year; and
ment of technical milestones as determined in
‘‘There are authorized to be appropriated to ‘‘(BB) may be competitively renewable on an
subsection (a).
the Secretary to carry out the activities de- annual basis; and
‘‘(4) COORDINATION.—The Secretary shall en-
scribed in this title— ‘‘(bb) in the case of a graduate level fellow-
sure the coordination of, and avoid unnecessary
‘‘(1) $8,902,392,400 for fiscal year 2023; ship, shall be for a period of not more than 5
duplication of, the activities of the Consortium
‘‘(2) $9,541,895,744 for fiscal year 2024; years.
with the activities of other research entities of
‘‘(3) $10,068,198,994 for fiscal year 2025; ‘‘(ii) EARLY CAREER CAPACITY DEVELOP-
the Department, other Federal research institu-
‘‘(4) $10,468,916,520 for fiscal year 2026; and MENT.—
tions, institutions of higher education, and the
‘‘(5) $10,831,342,317 for fiscal year 2027.’’. ‘‘(I) IN GENERAL.—Pursuant to subparagraph
private sector.
(b) TABLE OF CONTENTS.—Section 1(b) of the (E)(ii), the Secretary shall award grants to early
‘‘(f) REPORT.—Not later than 2 years after the
Department of Energy Research and Innovation career faculty and staff at institutions of higher
date of enactment of the Research and Develop-
Act is amended in the table of contents by in- education in eligible jurisdictions—
ment, Competition, and Innovation Act, the Sec-
serting after the item relating to section 309 the ‘‘(aa) to support investigator-initiated re-
retary shall submit to the Committee on Science,
following: search, including associated research equipment
Space, and Technology and the Committee on
‘‘Sec. 310. Accelerator research and develop- and instrumentation;
Energy and Commerce of the House of Rep- ‘‘(bb) to support activities associated with
resentatives, and the Committee on Energy and ment.
‘‘Sec. 311. Isotope research, development, and identifying and responding to funding opportu-
Natural Resources, the Committee on Commerce, nities;
Science, and Transportation, and the Committee production.
‘‘Sec. 312. Increased collaboration with teachers ‘‘(cc) to secure technical assistance for the
on Health, Education, Labor, and Pensions of pursuit of funding opportunities; and
the Senate, a report detailing the effectiveness and scientists.
‘‘Sec. 313. High intensity laser research initia- ‘‘(dd) to develop and enhance collaboration
of— among National Laboratories, Department of
‘‘(1) the interagency coordination among each tive.
‘‘Sec. 314. Helium conservation program. Energy programs, the private sector, and other
Federal agency involved in the initiative estab- relevant entities.
lished under subsection (a); ‘‘Sec. 315. Office of Science Biological Threat
Preparedness Research Initiative. ‘‘(II) GRANTS.—A grant awarded under sub-
‘‘(2) the collaborative research achievements clause (I) shall be—
of that initiative, including the achievement of ‘‘Sec. 316. Midscale instrumentation and re-
‘‘(aa) for a period of not more than 5 years;
the technical milestones determined under that search equipment program.
‘‘Sec. 317. Authorization of appropriations.’’. and
subsection; and ‘‘(bb) competitively renewable for an addi-
‘‘(3) potential opportunities to expand the SEC. 10113. ESTABLISHED PROGRAM TO STIMU-
tional 5-year period.
technical capabilities of the Department. LATE COMPETITIVE RESEARCH.
‘‘(iii) RESEARCH CAPACITY DEVELOPMENT.—
‘‘(g) FUNDING.—Out of funds authorized to be (a) RESEARCH AREAS.—Section 2203(b)(3)(E) of ‘‘(I) IN GENERAL.—Pursuant to subparagraph
appropriated for the Office of Science in a fiscal the Energy Policy Act of 1992 (42 U.S.C. (E)(ii), the Secretary shall award competitive
year, there is authorized to be appropriated to 13503(b)(3)(E)) is amended— grants to institutions of higher education in eli-
the Secretary to carry out the activities under (1) in the subparagraph heading, by striking gible jurisdictions for research capacity develop-
this section $50,000,000 for each of fiscal years ‘‘IN AREAS OF APPLIED ENERGY RESEARCH, ENVI- ment and implementation, including—
2023 through 2027. RONMENTAL MANAGEMENT, AND BASIC SCIENCE’’; ‘‘(aa) developing expertise in key technology
‘‘SEC. 316. MIDSCALE INSTRUMENTATION AND RE- (2) in clause (i)— areas, including associated equipment and in-
SEARCH EQUIPMENT PROGRAM. (A) in subclause (I), by inserting ‘‘nuclear en- strumentation;
‘‘(a) IN GENERAL.—The Director shall estab- ergy,’’ before ‘‘and’’; and ‘‘(bb) developing and acquiring novel, state-
lish a midscale instrumentation and research (B) by striking subclause (V) and inserting the of-the-art instruments and equipment that
equipment program to develop, acquire, and following: range in cost from $500,000 to $20,000,000;
commercialize research instrumentation and ‘‘(V) scientific research, including— ‘‘(cc) enhancing collaboration with National
equipment needed to meet the missions of the ‘‘(aa) advanced scientific computing research; Laboratories, the Department of Energy, and
Department and to provide platform tech- ‘‘(bb) basic energy sciences; the private sector through faculty or staff place-
nologies for the broader scientific community. ‘‘(cc) biological and environmental research; ment programs; and
‘‘(b) ACTIVITIES.—Under the program estab- ‘‘(dd) fusion energy sciences; ‘‘(dd) supporting formal partnership programs
lished under subsection (a), the Director shall— ‘‘(ee) high energy physics; with institutions of higher education and Na-
‘‘(1) enable the development and acquisition ‘‘(ff) nuclear physics; tional Laboratories.
of novel, state-of-the-art instruments that— ‘‘(gg) isotope research, development, and pro- ‘‘(II) GRANTS.—A grant awarded under sub-
‘‘(A) range in cost from $1,000,000 to duction; clause (I) shall be—
$20,000,000 each; and ‘‘(hh) accelerator research, development, and ‘‘(aa) for a period of not more than 5 years;
‘‘(B) would significantly accelerate scientific production; and and
breakthroughs at user facilities; and ‘‘(ii) other areas of research funded by the Of- ‘‘(bb) renewable for an additional 5-year pe-
‘‘(2) strongly encourage partnerships among— fice of Science, as determined by the Sec- riod.
‘‘(A) National Laboratories; retary.’’; and ‘‘(III) EQUIPMENT AND INSTRUMENTATION.—To
‘‘(B) user facilities; and (3) in clause (ii)— the maximum extent practicable, the Secretary
‘‘(C)(i) institutions in a State receiving fund- (A) in subclause (II), by striking ‘‘graduate’’ shall ensure that research equipment and in-
ing under the Established Program to Stimulate and inserting ‘‘undergraduate scholarships, strumentation developed or acquired pursuant
Competitive Research established under section graduate fellowships, and’’; to a grant awarded under subclause (I) may
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2203(b)(3) of the Energy Policy Act of 1992 (42 (B) in subclause (III), by striking ‘‘; and’’ and sustain continued operation and be maintained
U.S.C. 13503(b)(3)); inserting ‘‘and staff;’’; without the need for additional or subsequent
‘‘(ii) historically Black colleges or universities; (C) in subclause (IV)— funding under this section.’’.
‘‘(iii) minority-serving institutions of higher (i) by striking ‘‘biennial’’ and inserting ‘‘an- (c) PROGRAM IMPLEMENTATION UPDATE.—Sec-
education; or nual’’; and tion 2203(b)(3)(G) of the Energy Policy Act of
‘‘(iv) institutions of higher education in a (ii) by striking the period at the end and in- 1992 (42 U.S.C. 13503(b)(3)(G)) is amended by
rural area. serting a semicolon; and adding at the end the following:
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H7300 CONGRESSIONAL RECORD — HOUSE July 28, 2022
‘‘(iii) UPDATE.—Not later than 270 days after thorized to be appropriated under clause (i), (E) identified by the Secretary, in coordina-
the date of enactment of the Research and De- there is authorized to be appropriated to the tion with the Director of the Office of Intel-
velopment, Competition, and Innovation Act, Secretary to award grants under subparagraph ligence and Counterintelligence and the appli-
the Secretary shall— (F)(iii)(I) for the purpose described in item (bb) cable office that would provide, or is providing,
‘‘(I) update the plan submitted under clause of that subparagraph $25,000,000 for each of fis- covered support, as posing an unmanageable
(i); and cal years 2023 through 2027, to remain available threat—
‘‘(II) submit the updated plan to the commit- until expended. (i) to the national security of the United
tees described in that clause.’’. ‘‘(v) ACCOUNTING.—To the maximum extent States; or
(d) PROGRAM EVALUATION REPORT.—Section practicable, the Secretary shall ensure that each (ii) of theft or loss of United States intellec-
2203(b)(3)(H) of the Energy Policy Act of 1992 program within the Department of Energy that tual property.
(42 U.S.C. 13503(b)(3)(H)) is amended by adding endorses an EPSCoR grant awardee shall con- (4) NATIONAL.—The term ‘‘national’’ has the
at the end the following: tribute funding to the award to acknowledge the meaning given the term in section 101 of the Im-
‘‘(iv) ANNUAL REPORT.—At the end of each fis- research benefits to the mission of that pro- migration and Nationality Act (8 U.S.C. 1101).
cal year, the Secretary shall submit to the Com- gram.’’. (5) SECRETARY.—The term ‘‘Secretary’’ means
mittee on Energy and Natural Resources and (f) ADVISORY COMMITTEES TO THE OFFICE OF the Secretary of Energy.
the Committee on Appropriations of the Senate SCIENCE.—In order to improve the advice and (b) SCIENCE AND TECHNOLOGY RISK ASSESS-
and the Committee on Energy and Commerce guidance provided to the Office of Science, the MENT.—
and the Committee on Appropriations of the Undersecretary for Science shall seek to ensure, (1) IN GENERAL.—The Secretary shall develop
House of Representatives a report that in- to the maximum extent practicable, the robust and maintain tools and processes to manage and
cludes— participation of institutions of higher education mitigate research security risks, such as a
‘‘(I) the total amount of expenditures made by (as defined in section 101 of the Higher Edu- science and technology risk matrix, informed by
the Department to carry out EPSCoR in each el- cation Act of 1965 (20 U.S.C. 1001)) located in el- threats identified by the Director of the Office of
igible jurisdiction for each of the 3 most recent igible jurisdictions (as defined in section Intelligence and Counterintelligence, to facili-
fiscal years for which such information is avail- 2203(b)(3)(A) of the Energy Policy Act of 1992 (42 tate determinations of the risk of loss of United
able; U.S.C. 13503(b)(3)(A))) on the Office of Science States intellectual property or threat to the na-
‘‘(II)(aa) the number of EPSCoR awards made Federal Advisory Committee. tional security of the United States posed by ac-
to institutions of higher education located in eli- (g) TECHNICAL AMENDMENTS.—Section 2203(b) tivities carried out under any covered support.
gible jurisdictions; and of the Energy Policy Act of 1992 (42 U.S.C. (2) CONTENT AND IMPLEMENTATION.—In devel-
‘‘(bb) the amount and type of each award; 13503(b)) is amended— oping and using the tools and processes devel-
‘‘(III) the number of awards that are not (1) in paragraph (1), by striking ‘‘(1) The Sec- oped under paragraph (1), the Secretary shall—
EPSCoR awards made by the Secretary to insti- retary’’ and inserting the following: (A) deploy risk-based approaches to evalu-
tutions of higher education located in eligible ‘‘(1) UNIVERSITY RESEARCH REACTORS.—The ating, awarding, and managing certain re-
jurisdictions; Secretary’’; and search, development, demonstration, and de-
‘‘(IV)(aa) the number of representatives of in- (2) in paragraph (2), by striking ‘‘(2) The Sec- ployment activities, including designations that
stitutions of higher education in eligible juris- retary’’ and inserting the following: will indicate the relative risk of activities;
dictions serving on each Office of Science advi- ‘‘(2) METHOD TO EVALUATE EFFECTIVENESS OF (B) assess, to the extent practicable, ongoing
sory committee; and EDUCATION PROGRAMS.—The Secretary’’. high-risk activities;
‘‘(bb) for each such advisory committee, the SEC. 10114. RESEARCH SECURITY. (C) designate an officer or employee of the De-
percentage of committee membership that those (a) DEFINITIONS.—In this section: partment of Energy to be responsible for track-
individuals constitute; and (1) COUNTRY OF RISK.— ing and notifying recipients of any covered sup-
‘‘(V) the number of individuals from institu- (A) IN GENERAL.—The term ‘‘country of risk’’ port of unmanageable threats to United States
tions of higher education in eligible jurisdictions means a foreign country determined by the Sec- national security or of theft or loss of United
serving on peer review committees.’’. retary, in accordance with subparagraph (B), to States intellectual property posed by an entity
(e) FUNDING.—Section 2203(b)(3) of the Energy present a risk of theft of United States intellec- of concern;
Policy Act of 1992 (42 U.S.C. 13503(b)(3)) is tual property or a threat to the national secu- (D) consider requiring recipients of covered
amended by adding at the end the following: rity of the United States if nationals of the support to implement additional research secu-
‘‘(I) FUNDING.— country, or entities owned or controlled by the rity mitigations for higher-risk activities if ap-
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— country or nationals of the country, participate propriate; and
There are authorized to be appropriated to the in any research, development, demonstration, or (E) support the development of research secu-
Secretary to carry out EPSCoR, to remain avail- deployment activity authorized under this divi- rity training for recipients of covered support on
able until expended— sion or division A or an amendment made by the risks posed by entities of concern.
‘‘(I) $50,000,000 for fiscal year 2023; this division or division A. (3) ANNUAL UPDATES.—The tools and processes
‘‘(II) $50,000,000 for fiscal year 2024; (B) DETERMINATION.—In making a determina- developed under paragraph (1) shall be evalu-
‘‘(III) $75,000,000 for fiscal year 2025; tion under subparagraph (A), the Secretary, in ated annually and updated as needed, with
‘‘(IV) $100,000,000 for fiscal year 2026; and coordination with the Director of the Office of threat-informed input from the Office of Intel-
‘‘(V) $100,000,000 for fiscal year 2027. Intelligence and Counterintelligence, shall take ligence and Counterintelligence, to reflect
‘‘(ii) GRANTS TO CONSORTIA.—In the case of an into consideration— changes in the risk designation under para-
EPSCoR grant awarded to a consortium that (i) the most recent World Wide Threat Assess- graph (2)(A) of research, development, dem-
contains institutions of higher education that ment of the United States Intelligence Commu- onstration, and deployment activities conducted
are not located in eligible jurisdictions, the Sec- nity, prepared by the Director of National Intel- by the Department.
retary may count— ligence; and (c) ENTITY OF CONCERN.—
‘‘(I) the full amount of funds expended to pro- (ii) the most recent National Counterintel- (1) PROHIBITION.—Except as provided in para-
vide the grant towards meeting the funding re- ligence Strategy of the United States. graph (2), no entity of concern, or individual
quirement in clause (iii) if the lead entity of the (2) COVERED SUPPORT.—The term ‘‘covered that owns or controls, is owned or controlled by,
consortium is an institution of higher education support’’ means any grant, contract, sub- or is under common ownership or control with
located in an eligible jurisdiction; and contract, award, loan, program, support, or an entity of concern, may receive, or perform
‘‘(II) only the funds provided to institutions of other activity authorized under this division or work under, any covered support.
higher education located in eligible jurisdictions division A, or an amendment made by this divi- (2) WAIVER OF PROHIBITION.—
towards meeting the funding requirement in sion or division A. (A) IN GENERAL.—The Secretary may waive
clause (iii) if the lead entity of the consortium (3) ENTITY OF CONCERN.—The term ‘‘entity of the prohibition under paragraph (1) if deter-
is an institution of higher education that is not concern’’ means any entity, including a na- mined by the Secretary to be in the national in-
located in an eligible jurisdiction. tional, that is— terest.
‘‘(iii) ADDITIONAL FUNDS FOR ELIGIBLE JURIS- (A) identified under section 1237(b) of the (B) NOTIFICATION TO CONGRESS.—Not less
DICTIONS.—In addition to funds authorized to be Strom Thurmond National Defense Authoriza- than 2 weeks prior to issuing a waiver under
appropriated under clause (i), the Secretary, to tion Act for Fiscal Year 1999 (50 U.S.C. 1701 subparagraph (A), the Secretary shall notify the
the maximum extent practicable while maintain- note; Public Law 105–261); Committee on Energy and Natural Resources of
ing the competitive, merit-based award processes (B) identified under section 1260H of the Wil- the Senate and the Committee on Science,
of the Office of Science, shall ensure that, of the liam M. (Mac) Thornberry National Defense Au- Space, and Technology of the House of Rep-
research and development funds of the Office of thorization Act for Fiscal Year 2021 (10 U.S.C. resentatives of the intent to issue the waiver, in-
Science that are awarded by the Secretary each 113 note; Public Law 116–283); cluding a justification for the waiver.
year to institutions of higher education, not less (C) on the Entity List maintained by the Bu- (3) PENALTY.—
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than 10 percent is awarded to institutions of reau of Industry and Security of the Depart- (A) TERMINATION OF SUPPORT.—On finding
higher education in eligible jurisdictions pursu- ment of Commerce and set forth in Supplement that any entity of concern or individual de-
ant to the evaluation and selection criteria in No. 4 to part 744 of title 15, Code of Federal Reg- scribed in paragraph (1) has received covered
section 605.10 of title 10, Code of Federal Regu- ulations; support and has not received a waiver under
lations (or successor regulations). (D) included in the list required by section paragraph (2), the Secretary shall terminate all
‘‘(iv) ADDITIONAL FUNDS FOR EQUIPMENT AND 9(b)(3) of the Uyghur Human Rights Policy Act covered support to that entity of concern or in-
INSTRUMENTATION.—In addition to funds au- of 2020 (Public Law 116–145; 134 Stat. 656); or dividual, as applicable.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7301
(B) PENALTIES.—An entity of concern or indi- (A) $979,100,000 is authorized for scientific and $2,158,400,000 for the National Institute of
vidual identified under subparagraph (A) shall technical research and services laboratory ac- Standards and Technology for fiscal year 2026.
be— tivities; (2) SPECIFIC ALLOCATIONS.—Of the amount
(i) prohibited from receiving or participating (B) $200,000,000 is authorized for the construc- authorized by paragraph (1)—
in covered support for a period of not less than tion and maintenance of facilities, of which (A) $1,199,400,000 is authorized for scientific
1 year but not more than 10 years, as determined $80,000,000 is authorized to be appropriated for and technical research and services laboratory
by the Secretary; or Safety, Capacity, Maintenance, and Major Re- activities;
(ii) instead of the penalty described in clause pairs; and (B) $200,000,000 is authorized for the construc-
(i), subject to any other penalties authorized (C) $372,350,000 is authorized for industrial tion and maintenance of facilities, of which
under applicable law or regulations that the technology services activities, of which $80,000,000 is authorized to be appropriated for
Secretary determines to be in the national inter- $275,300,000 is authorized to be appropriated for Safety, Capacity, Maintenance, and Major Re-
est. the Manufacturing Extension Partnership pro- pairs, including $20,000,000 for IT infrastruc-
(C) NOTIFICATION TO CONGRESS.—Prior to im- gram under sections 25, 25A, and 26 of the Na- ture; and
posing a penalty under subparagraph (B), the tional Institute of Standards and Technology (C) $759,000,000 is authorized for industrial
Secretary shall notify the Committee on Energy Act (15 U.S.C. 278k, 278k-1, and 278l) (of which technology services activities, of which
and Natural Resources of the Senate and the $31,000,000 is authorized to establish the Na- $550,000,000 is authorized to be appropriated for
Committee on Science, Space, and Technology of tional Supply Chain Database under section the Manufacturing Extension Partnership pro-
the House of Representatives of the intent to im- 10253) and $97,050,000 is authorized to be appro- gram under sections 25, 25A, and 26 of the Na-
pose the penalty, including a description of and priated for the Manufacturing USA Program tional Institute of Standards and Technology
justification for the penalty. under section 34 of the National Institute of Act (15 U.S.C. 278k, 278k-1, and 278l) (of which
(4) COORDINATION.—The Secretary shall— Standards and Technology Act (15 U.S.C. 278s). $26,000,000 is authorized to maintain, update,
(A) share information about the unmanage- (b) FISCAL YEAR 2024.— and support Federal coordination of State sup-
able threats described in subsection (a)(3)(E) (1) IN GENERAL.—There are authorized to be ply chain databases maintained by the Centers
with other Federal agencies; and appropriated to the Secretary of Commerce (as such term is defined in such section 25 of
(B) develop consistent approaches to identi- $1,651,600,000 for the National Institute of such Act)) and $209,000,000 is authorized to be
fying entities of concern. Standards and Technology for fiscal year 2024. appropriated for the Manufacturing USA Pro-
(d) INTERNATIONAL AGREEMENTS.—This sec- (2) SPECIFIC ALLOCATIONS.—Of the amount gram under section 34 of the National Institute
tion shall be applied in a manner consistent authorized by paragraph (1)— of Standards and Technology Act (15 U.S.C.
with the obligations of the United States under (A) $1,047,600,000 is authorized for scientific 278s).
international agreements. and technical research and services laboratory (e) FISCAL YEAR 2027.—
(e) REPORT REQUIRED.—Not later than 240 activities; (1) IN GENERAL.—There are authorized to be
days after the date of enactment of this Act, the (B) $200,000,000 is authorized for the construc- appropriated to the Secretary of Commerce
Secretary shall submit to Congress a report tion and maintenance of facilities, of which $2,283,360,000 for the National Institute of
that— $80,000,000 is authorized to be appropriated for Standards and Technology for fiscal year 2027.
(1) describes— Safety, Capacity, Maintenance, and Major Re- (2) SPECIFIC ALLOCATIONS.—Of the amount
(A) the tools and processes developed under pairs, including $20,000,000 for IT infrastruc- authorized by paragraph (1)—
subsection (b)(1) and any updates to those tools ture; and (A) $1,283,360,000 is authorized for scientific
and processes; and (C) $404,000,000 is authorized for industrial and technical research and services laboratory
(B) if applicable, the science and technology technology services activities, of which activities;
risk matrix developed under that subsection and $300,000,000 is authorized to be appropriated for (B) $200,000,000 is authorized for the construc-
how that matrix has been applied; the Manufacturing Extension Partnership pro- tion and maintenance of facilities, of which
(2) includes a mitigation plan for managing gram under sections 25, 25A, and 26 of the Na- $80,000,000 is authorized to be appropriated for
risks posed by countries of risk with respect to tional Institute of Standards and Technology Safety, Capacity, Maintenance, and Major Re-
future or ongoing research and development ac- Act (15 U.S.C. 278k, 278k-1, and 278l) (of which pairs, including $20,000,000 for IT infrastruc-
tivities of the Department of Energy; and $26,000,000 is authorized to maintain, update, ture; and
(3) defines critical research areas, designated and support Federal coordination of State sup- (C) $800,000,000 is authorized for industrial
by risk, as determined by the Secretary. ply chain databases maintained by the Centers technology services activities, of which
TITLE II—NATIONAL INSTITUTE OF (as such term is defined in such section 25 of $550,000,000 is authorized to be appropriated for
STANDARDS AND TECHNOLOGY FOR such Act)) and $104,000,000 is authorized to be the Manufacturing Extension Partnership pro-
THE FUTURE appropriated for the Manufacturing USA Pro- gram under sections 25, 25A, and 26 of the Na-
SEC. 10201. DEFINITIONS. gram under section 34 of the National Institute tional Institute of Standards and Technology
In this title: of Standards and Technology Act (15 U.S.C. Act (15 U.S.C. 278k, 278k-1, and 23 278l) (of
(1) DIRECTOR.—The term ‘‘Director’’ means 278s). which $26,000,000 is authorized to maintain, up-
(c) FISCAL YEAR 2025.— date, and support Federal coordination of State
the Director of the National Institute of Stand-
(1) IN GENERAL.—There are authorized to be supply chain databases maintained by the Cen-
ards and Technology.
appropriated to the Secretary of Commerce ters (as such term is defined in such section 25
(2) ENROLLMENT OF NEEDY STUDENTS.—The
$2,039,900,000 for the National Institute of of such Act)) and $250,000,000 is authorized to be
term ‘‘enrollment of needy students’’ has the
Standards and Technology for fiscal year 2025. appropriated for the Manufacturing USA Pro-
meaning given the term in section 312(d) of the
(2) SPECIFIC ALLOCATIONS.—Of the amount gram under section 34 of the National Institute
Higher Education Act of 1965 (20 U.S.C.
authorized by paragraph (1)— of Standards and Technology Act (15 U.S.C.
1058(d)). (A) $1,120,900,000 is authorized for scientific
(3) FRAMEWORK.—The term ‘‘Framework’’ 278s).
and technical research and services laboratory
means the Framework for Improving Critical In- Subtitle B—Measurement Research
activities;
frastructure Cybersecurity developed by the Na- (B) $200,000,000 is authorized for the construc- SEC. 10221. ENGINEERING BIOLOGY AND BIO-
tional Institute of Standards and Technology tion and maintenance of facilities, of which METROLOGY.
and referred to in Executive Order No. 13800 $80,000,000 is authorized to be appropriated for (a) IN GENERAL.—The Director, in coordina-
issued on May 11, 2017 (82 Fed. Reg. 22391 et Safety, Capacity, Maintenance, and Major Re- tion with the National Engineering Biology Re-
seq.). pairs, including $20,000,000 for IT infrastruc- search and Development Initiative established
(4) INSTITUTE.—The term ‘‘Institute’’ means pursuant to title IV, shall—
ture; and
the National Institute of Standards and Tech- (C) $719,000,000 is authorized for industrial (1) support basic measurement science and
nology. technology services activities, of which technology research for engineering biology, bio-
(5) INTERNATIONAL STANDARDS ORGANIZA- $550,000,000 is authorized to be appropriated for manufacturing, and biometrology to advance—
TION.—The term ‘‘international standards orga-
the Manufacturing Extension Partnership pro- (A) measurement technologies to support
nization’’ has the meaning given such term in gram under sections 25, 25A, and 26 of the Na- foundational understanding of the mechanisms
section 451 of the Trade Agreements Act of 1979 tional Institute of Standards and Technology of conversion of DNA information into cellular
(19 U.S.C. 2571). Act (15 U.S.C. 278k, 278k-1, and 278l) (of which function;
(6) SECRETARY.—The term ‘‘Secretary’’ means (B) technologies for measurement of such bio-
$26,000,000 is authorized to maintain, update,
the Secretary of Commerce. molecular components and related systems;
and support Federal coordination of State sup-
Subtitle A—Authorization of Appropriations ply chain databases maintained by the Centers (C) new data tools, techniques, and processes
SEC. 10211.AUTHORIZATION OF APPROPRIA- (as such term is defined in such section 25 of to improve engineering biology, biomanufac-
TIONS. such Act)) and $169,000,000 is authorized to be turing, and biometrology research; and
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(a) FISCAL YEAR 2023.— appropriated for the Manufacturing USA Pro- (D) other areas of measurement science and
(1) IN GENERAL.—There are authorized to be gram under section 34 of the National Institute technology research determined by the Director
appropriated to the Secretary of Commerce of Standards and Technology Act (15 U.S.C. to be critical to the development and deployment
$1,551,450,000 for the National Institute of 278s). of engineering biology, biomanufacturing and
Standards and Technology for fiscal year 2023. (d) FISCAL YEAR 2026.— biometrology;
(2) SPECIFIC ALLOCATIONS.—Of the amount (1) IN GENERAL.—There are authorized to be (2) support activities to inform and expand the
authorized by paragraph (1)— appropriated to the Secretary of Commerce development of measurements infrastructure
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H7302 CONGRESSIONAL RECORD — HOUSE July 28, 2022
needed to develop technical standards to estab- Protection Agency, and the Secretary of Energy, (1) in paragraph (16), by striking the period at
lish interoperability and facilitate commercial develop such standard reference materials as the the end and inserting a semicolon;
development of biomolecular measurement tech- Director determines is necessary to further the (2) by redesignating paragraphs (16) through
nology and engineering biology applications; development of such technical standards, taking (27) as paragraphs (21) through (32), respec-
(3) convene industry, institutions of higher into account any existing United States or inter- tively; and
education, nonprofit organizations, Federal lab- national standards; (3) by inserting after paragraph (15) the fol-
oratories, and other Federal agencies engaged in (6) coordinate with the National Oceanic and lowing:
engineering biology research and development to Atmospheric Administration to ensure data are ‘‘(16) support information security measures
develop coordinated technical roadmaps for au- managed, stewarded, and archived at all levels for the development and lifecycle of software
thoritative measurement of the molecular com- and promote full and open exchange at Federal and the software supply chain, including devel-
ponents of the cell; and State levels, and with academia, industry, opment of voluntary, consensus-based technical
(4) provide access to user facilities with ad- and other users; and standards, best practices, frameworks, meth-
vanced or unique equipment, services, materials, (7) coordinate with international partners, in- odologies, procedures, processes, and software
and other resources to industry, institutions of cluding international standards organizations, engineering toolkits and configurations;
higher education, nonprofit organizations, and to maintain global greenhouse gas measurement ‘‘(17) support information security measures,
government agencies to perform research and technical standards. including voluntary, consensus-based technical
testing; (c) TESTBEDS.—In coordination with the pri-
standards, best practices, and guidelines, for the
(5) establish or expand collaborative partner- vate sector, institutions of higher education,
design, adoption, and deployment of cloud com-
ships or consortia with other Federal agencies State and local governments, the National Oce-
puting services;
engaged in engineering biology research and de- anic and Atmospheric Administration, the Envi-
velopment, institutions of higher education, ronmental Protection Agency, the Department ‘‘(18) support research, development, and
Federal laboratories, and industry to advance of Energy, and other Federal agencies, as ap- practical application to improve the usability of
engineering biology applications; and propriate, the Director may continue to develop cybersecurity processes and technologies;
(6) support graduate and postgraduate re- and manage testbeds to advance research and ‘‘(19) facilitate and support the development
search and training in biometrology, biomanu- standards development for greenhouse gas emis- of a voluntary, consensus-based set of technical
facturing, and engineering biology. sions measurements from in situ and space- standards, guidelines, best practices, methodolo-
(b) RULE OF CONSTRUCTION.—Nothing in this based platforms. gies, procedures, and processes to improve pri-
section may be construed to alter the policies, (d) CENTER FOR GREENHOUSE GAS MEASURE- vacy protections in systems, technologies, and
processes, or practices of individual Federal MENTS, STANDARDS, AND INFORMATION.— processes used by both the public and private
agencies in effect on the day before the date of (1) IN GENERAL.—The Director, in collabora- sector;
the enactment of this Act relating to the con- tion with the Administrator of the National Oce- ‘‘(20) support privacy measures, including vol-
duct or support of biomedical research and ad- anic and Atmospheric Administration, the Ad- untary, consensus-based technical standards,
vanced development, including the solicitation ministrator of the Environmental Protection best practices, guidelines, metrology, and
and review of extramural research proposals. Agency, and the heads of other Federal agen- testbeds for the design, adoption, and deploy-
(c) CONTROLS.—In carrying out activities au- cies, as appropriate, shall establish a Center for ment of privacy enhancing technologies;’’.
thorized by this section, the Secretary shall en- Greenhouse Gas Measurements, Standards, and SEC. 10224. SOFTWARE SECURITY AND AUTHEN-
sure proper security controls are in place to pro- Information (in this subsection referred to as the TICATION.
tect sensitive information, as appropriate. ‘‘Center’’). (a) VULNERABILITIES IN OPEN SOURCE SOFT-
SEC. 10222. GREENHOUSE GAS MEASUREMENT (2) COLLABORATIONS.—The Director shall re- WARE.—The Director shall assign severity
RESEARCH. quire that the activities of the Center include metrics to identified vulnerabilities with open
(a) IN GENERAL.—The Director, in consulta- collaboration among public and private organi- source software and produce voluntary guid-
tion with the Administrator of the National Oce- zations, including institutions of higher edu- ance to assist the entities that maintain open
anic and Atmospheric Administration, the Ad- cation, nonprofit organizations, private sector source software repositories to discover and miti-
ministrator of the Environmental Protection entities, and State, Tribal, territorial, and local gate vulnerabilities.
Agency, the National Aeronautics and Space officials. (b) ARTIFICIAL INTELLIGENCE-ENABLED DE-
Administration, the Director of the National (3) PURPOSE.—The purpose of the Center shall FENSES.—The Director shall carry out research
Science Foundation, the Secretary of Energy, be to— and testing to improve the effectiveness of artifi-
and the heads of other Federal agencies, as ap- (A) advance measurement science, data ana- cial intelligence-enabled cybersecurity, includ-
propriate, shall carry out a measurement re- lytics, and modeling at a range of scales that ing by generating optimized data sets to train
search program to inform the development or im- covers direct measurement and estimation at the artificial intelligence defense systems and evalu-
provement of best practices, benchmarks, meth- component or process level through atmospheric ating the performance of varying network archi-
odologies, procedures, and technical standards observations and at the analysis level to improve tectures at strengthening network security.
for the measurement of greenhouse gas emis- the accuracy of spatially and temporally re-
(c) AUTHENTICATION OF INSTITUTE SOFT-
sions and to assess and improve the performance solved greenhouse gas emissions measurement,
WARE.—The Director shall ensure all software
of greenhouse gas emissions measurement sys- validation, and attribution to specific under-
released by the Institute is digitally signed and
tems placed in situ and on space-based plat- lying activities and processes;
maintained to enable stakeholders to verify its
forms. (B) test and evaluate the performance of exist-
authenticity and integrity upon installation and
(b) ACTIVITIES.—In carrying out such a pro- ing capabilities, and inform and improve best
execution.
gram, the Director may— practices, benchmarks, methodologies, proce-
dures, and technical standards, for the measure- (d) ASSISTANCE TO INSPECTORS GENERAL.—
(1) conduct research and testing to improve
ment and validation of greenhouse gas emissions Subject to available funding, the Director shall
the accuracy, efficacy, and reliability of the
at scales noted in subparagraph (A); provide technical assistance to improve the edu-
measurement of greenhouse gas emissions at a
(C) educate and train students in measure- cation and training of individual Federal agen-
range of scales that covers direct measurement
ment science, computational science, and sys- cy Inspectors General and staff who are respon-
at the component or process level through at-
tems engineering research relevant to green- sible for the annual independent evaluation
mospheric observations;
house gas emissions measurements; they are required to perform of the information
(2) conduct research to create novel measure-
(D) foster collaboration among academic re- security program and practices of Federal agen-
ment technologies and techniques for the meas-
searchers, private sector stakeholders, and cies under section 3555 of title 44, United States
urement of greenhouse gas emissions;
(3) convene and engage with relevant Federal State, Tribal, territorial, and local officials in Code.
agencies and stakeholders to establish common the use of Institute testbeds as described in sub- (e) SOFTWARE SUPPLY CHAIN SECURITY PRAC-
definitions and characterizations for the meas- section (c); TICES.—
urement of greenhouse gas emissions, taking (E) conduct activities with research institu- (1) IN GENERAL.—The Director shall, in coordi-
into account any existing United States and tions, industry partners, and State and local of- nation with industry, academia, and other Fed-
international technical standards and guidance; ficials to identify research, testing, and tech- eral agencies, as appropriate, develop a set of
(4) conduct outreach and coordination to nical standards needs relevant to greenhouse security outcomes and practices, including secu-
share technical expertise with relevant industry gas emissions; and rity controls, control enhancements, supple-
and nonindustry stakeholders and standards (F) collaborate with other Federal agencies to mental guidance, or other supporting informa-
development organizations to— conduct outreach and coordination to share and tion to enable software developers and operators
(A) assist such entities in the development and promote technical data, tools, and expertise to identify, assess, and manage cybersecurity
adoption of best practices and technical stand- with relevant public and private sector stake- risks over the full lifecycle of software products.
ards for greenhouse gas emissions measure- holders, including State, Tribal, territorial, and (2) OUTREACH.—The Director shall conduct
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ments; and local officials, to assist such in the accurate outreach and coordination activities to share
(B) promote consistency and traceability in measurement of greenhouse gas emissions. technical expertise with Federal agencies, rel-
international reference standards and central SEC. 10223. NIST AUTHORITY FOR CYBERSECU- evant industry stakeholders, and standards de-
calibration laboratories; RITY AND PRIVACY ACTIVITIES. velopment organizations, as appropriate, to en-
(5) in coordination with the Administrator of Subsection (c) of section 2 of the National In- courage the voluntary adoption of the software
the National Oceanic and Atmospheric Adminis- stitute of Standards and Technology Act (15 lifecycle security practices by Federal agencies
tration, the Administrator of the Environmental U.S.C. 272) is amended— and industry stakeholders.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7303
SEC. 10225. DIGITAL IDENTITY MANAGEMENT RE- international technical standards and other SEC. 10228. PROTECTING RESEARCH FROM CY-
SEARCH. publications; BERSECURITY THEFT.
Section 504 of the Cybersecurity Enhancement (3) carry out measurement research and test- Subparagraph (A) of section 2(e)(1) of the Na-
Act of 2014 (15 U.S.C. 7464) is amended to read ing on a range of biometric modalities, such as tional Institute of Standards and Technology
as follows: fingerprints, voice, iris, face, vein, behavioral Act (15 U.S.C. 272(e)(1)) is amended—
‘‘SEC. 504. IDENTITY MANAGEMENT RESEARCH biometrics, genetics, multimodal biometrics, and (1) in clause (viii), by striking ‘‘and’’ after the
AND DEVELOPMENT. emerging applications of biometric identification semicolon;
‘‘(a) IN GENERAL.—The Director shall carry technology; (2) by redesignating clause (ix) as clause (x);
out a program of research to support the devel- (4) study the use of privacy-enhancing tech- and
opment of voluntary, consensus-based technical nologies and other technical protective controls (3) by inserting after clause (viii) the fol-
standards, best practices, benchmarks, meth- to facilitate access, as appropriate, to public lowing:
odologies, metrology, testbeds, and conformance data sets for biometric research; ‘‘(ix) consider institutions of higher education
criteria for identity management, taking into ac- (5) conduct outreach and coordination to (as such term is defined in section 101 of the
count appropriate user concerns to— share technical expertise with relevant industry Higher Education Act of 1965 (20 U.S.C. 1001));
‘‘(1) improve interoperability and portability and nonindustry stakeholders and standards and’’.
among identity management technologies; development organizations to assist such entities SEC. 10229. DISSEMINATION OF RESOURCES FOR
‘‘(2) strengthen identity proofing and in the development of best practices and vol- RESEARCH INSTITUTIONS.
verification methods used in identity manage- untary technical standards; and (a) DISSEMINATION OF RESOURCES FOR RE-
ment systems commensurate with the level of (6) develop such standard reference artifacts SEARCH INSTITUTIONS.—
risk, including identity and attribute validation as the Director determines is necessary to fur- (1) IN GENERAL.—Not later than one year after
services provided by Federal, State, and local ther the development of such voluntary tech- the date of the enactment of this Act, the Direc-
governments; nical standards. tor shall, using the authorities of the Director
‘‘(3) improve privacy protection in identity (b) BIOMETRICS TEST PROGRAM.— under subsections (c)(15) and (e)(1)(A)(ix) of
management systems; and (1) IN GENERAL.—The Secretary, acting section 2 of the National Institute of Standards
‘‘(4) improve the accuracy, usability, and through the Director, shall carry out a test pro- and Technology Act (15 U.S.C. 272), disseminate
inclusivity of identity management systems. gram to provide biometrics vendors the oppor- and make publicly available tailored resources
‘‘(b) DIGITAL IDENTITY TECHNICAL ROAD- tunity to test biometric identification tech- to help qualifying institutions identify, assess,
MAP.—The Director, in consultation with other
nologies across a range of modalities. manage, and reduce their cybersecurity risk re-
relevant Federal agencies and stakeholders from (2) ACTIVITIES.—In carrying out the program lated to conducting research.
the private sector, shall develop and maintain a under this subsection, the Director shall— (2) REQUIREMENTS.—The Director shall ensure
technical roadmap for digital identity manage- (A) conduct research and regular testing to that the resources disseminated pursuant to
ment research and development focused on ena- improve and benchmark the accuracy, efficacy, paragraph (1)—
bling the voluntary use and adoption of modern and bias of biometric identification technologies, (A) are generally applicable and usable by a
digital identity solutions that align with the which may include research and testing on de- wide range of qualifying institutions;
four criteria in subsection (a). mographic variations, capture devices, presen- (B) vary with the nature and size of the quali-
‘‘(c) DIGITAL IDENTITY MANAGEMENT GUID- tation attack detection, partially occluded or fying institutions, and the nature and sensi-
ANCE.—
computer generated images, privacy and secu- tivity of the data collected or stored on the in-
‘‘(1) IN GENERAL.—The Director shall develop,
rity designs and controls, template protection, formation systems or devices of the qualifying
and periodically update, in collaboration with
de-identification, and comparison of algorithm, institutions;
other public and private sector organizations,
human, and combined algorithm-human rec- (C) include elements that promote awareness
common definitions and voluntary guidance for
ognition capability; of simple, basic controls, a workplace cybersecu-
digital identity management systems, including
(B) develop an approach for testing software rity culture, and third-party stakeholder rela-
identity and attribute validation services pro-
and cloud-based biometrics applications, includ- tionships, to assist qualifying institutions in
vided by Federal, State, and local governments.
ing remote systems, in Institute test facilities; mitigating common cybersecurity risks;
‘‘(2) GUIDANCE.—The Guidance shall—
‘‘(A) align with the four criteria in subsection (C) establish reference use cases for biometric (D) include case studies, examples, and sce-
(a), as practicable; identification technologies and performance cri- narios of practical application;
‘‘(B) provide case studies of implementation of teria for assessing each use case, including ac- (E) are outcomes-based and can be imple-
guidance; curacy, efficacy, and bias metrics; mented using a variety of technologies that are
‘‘(C) incorporate voluntary technical stand- (D) produce public-facing reports of the find- commercial and off-the-shelf; and
ards and industry best practices; and ings from such testing for a general audience; (F) to the extent practicable, are based on
‘‘(D) not prescribe or otherwise require the use (E) develop policies and procedures account- international technical standards.
of specific technology products or services. ing for the legal and social implications of ac- (3) NATIONAL CYBERSECURITY AWARENESS AND
‘‘(3) CONSULTATION.—In carrying out this sub- tivities under this paragraph when working EDUCATION PROGRAM.—The Director shall en-
section, the Director shall consult with— with a foreign entity of concern (as such term is sure that the resources disseminated under
‘‘(A) Federal and State agencies; defined in section 10612); paragraph (1) are consistent with the efforts of
‘‘(B) industry; (F) establish procedures to prioritize testing of the Director under section 303 of the Cybersecu-
‘‘(C) potential end-users and individuals that biometrics identification technologies developed rity Enhancement Act of 2014 (15 U.S.C. 7443).
will use services related to digital identity by entities headquartered in the United States; (4) UPDATES.—The Director shall review peri-
verification; and and odically and update the resources under para-
‘‘(D) experts with relevant experience in the (G) conduct such other activities as deter- graph (1) as the Director determines appro-
systems that enable digital identity verification, mined necessary by the Director. priate.
as determined by the Director.’’. (c) GAO REPORT TO CONGRESS.—Not later (5) VOLUNTARY RESOURCES.—The use of the
SEC. 10226. BIOMETRICS RESEARCH AND TEST- than 18 months after the date of the enactment resources disseminated under paragraph (1)
ING. of this Act, the Comptroller General of the shall be considered voluntary.
(a) IN GENERAL.—The Secretary, acting United States shall submit a detailed report to (b) OTHER FEDERAL CYBERSECURITY REQUIRE-
through the Director, shall establish a program Congress on the impact of biometric identifica- MENTS.—Nothing in this section may be con-
to support measurement research to inform the tion technologies on historically marginalized strued to supersede, alter, or otherwise affect
development of best practices, benchmarks, communities, including low-income communities any cybersecurity requirements applicable to
methodologies, procedures, and voluntary, con- and minority religious, racial, and ethnic Federal agencies.
sensus-based technical standards for biometric groups. Such report should be made publicly (c) DEFINITIONS.—In this section:
identification systems, including facial recogni- available on an internet website. (1) QUALIFYING INSTITUTIONS.—The term
tion systems, to assess and improve the perform- SEC. 10227. FEDERAL BIOMETRIC PERFORMANCE ‘‘qualifying institutions’’ means institutions of
ance of such systems. In carrying out such pro- STANDARDS. higher education that are awarded in excess of
gram, the Director may— Subsection (b) of section 20 of the National In- $50,000,000 per year in total Federal research
(1) conduct measurement research to support stitute of Standards and Technology Act (15 funding.
efforts to improve the performance of biometric U.S.C. 278g–3) is amended— (2) RESOURCES.—The term ‘‘resources’’ means
identification systems, including in areas re- (1) in paragraph (2), by striking ‘‘and’’ after guidelines, tools, best practices, technical stand-
lated to conformity assessment, image quality the semicolon; ards, methodologies, and other ways of pro-
and interoperability, contactless biometric cap- (2) in paragraph (3), by striking the period viding information.
ture technologies, and human-in-the-loop bio- and inserting ‘‘; and’’; and SEC. 10230. ADVANCED COMMUNICATIONS RE-
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metric identification systems and processes; (3) by adding at the end the following: SEARCH.
(2) convene and engage with relevant stake- ‘‘(4) performance standards and guidelines for The National Institute of Standards and
holders to establish common definitions and high risk biometric identification systems, in- Technology Act (15 U.S.C. 271 et seq.) is amend-
characterizations for biometric identification cluding facial recognition systems, accounting ed—
systems, which may include accuracy, fairness, for various use cases, types of biometric identi- (1) by redesignating section 35 as section 36;
bias, privacy, consent, and other properties, fication systems, and relevant operational con- and
taking into account definitions in relevant ditions.’’. (2) by inserting after section 34 the following:
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H7304 CONGRESSIONAL RECORD — HOUSE July 28, 2022
‘‘SEC. 35. ADVANCED COMMUNICATIONS RE- support of the Institute’s mission and in support SEC. 10233. SUSTAINABLE CHEMISTRY RESEARCH
SEARCH ACTIVITIES. of other Government agencies; AND EDUCATION.
‘‘(a) ADVANCED COMMUNICATIONS RE- ‘‘(C) developing methodologies for testing, In accordance with section 263 of the National
SEARCH.— measuring, and setting guidelines for inter- Defense Authorization Act for Fiscal Year 2021
‘‘(1) IN GENERAL.—The Director, in consulta- ference; (15 U.S.C. 9303), the Director shall carry out ac-
tion with the Assistant Secretary for Commu- ‘‘(D) conducting interference tests to better tivities in support of sustainable chemistry, in-
nications and Information, the Director of the understand the impact of current and proposed cluding coordinating and partnering with aca-
National Science Foundation, and heads of Federal and commercial spectrum activities; demia, industry, nonprofit organizations, and
other Federal agencies, as appropriate, shall ‘‘(E) conducting research and testing to im- other entities in activities to support clean, safe,
carry out a program of measurement research prove spectrum interference tolerance, flexi- and economic alternatives, technologies, and
for advanced communications technologies. bility, agility, and interference mitigation meth- methodologies to traditional chemical products
‘‘(2) RESEARCH AREAS.—Research areas may ods; and and processes.
include— ‘‘(F) other activities as determined necessary SEC. 10234. PREMISE PLUMBING RESEARCH.
‘‘(A) radio frequency emissions and inter- by the Director.’’. (a) IN GENERAL.—The Secretary, acting
ference, including technologies and techniques SEC. 10231. NEUTRON SCATTERING. through the Director, shall create a program, in
to mitigate such emissions and interference; (a) STRATEGIC PLAN FOR THE INSTITUTE NEU- consultation with the Environmental Protection
‘‘(B) advanced antenna arrays and artificial TRON REACTOR.—The Director shall develop a Agency, for premise plumbing research, includ-
intelligence systems capable of operating ad- strategic plan for the future of the NIST Center ing to—
vanced antenna arrays; for Neutron Research after the current neutron (1) conduct metrology research on premise
‘‘(C) artificial intelligence systems to enable plumbing in relation to water safety, security,
reactor is decommissioned, including—
internet of things networks, immersive tech- (1) a succession plan for the reactor, including efficiency, sustainability, and resilience; and
nology, and other advanced communications a roadmap with timeline and milestones; (2) coordinate research activities with aca-
technologies; (2) conceptual design of a new reactor and ac- demia, the private sector, nonprofit organiza-
‘‘(D) network sensing and monitoring tech- tions, and other Federal agencies.
companying facilities, as appropriate; and
nologies; (3) a plan to minimize disruptions to the user (b) DEFINITIONS.—For purposes of this section,
‘‘(E) technologies to enable spectrum flexi- the term ‘‘premise plumbing’’ means the water
community during the transition.
bility and agility; (b) COORDINATION WITH THE DEPARTMENT OF distribution system located within the property
‘‘(F) optical and quantum communications lines of a property, including all buildings and
ENERGY.—The Secretary, acting through the Di-
technologies; permanent structures on such property. Such
rector, shall coordinate with the Secretary of
‘‘(G) security of advanced communications term includes building supply and distribution
Energy on issues related to Federal support for
systems; pipes, fixtures, fittings, water heaters, water-
‘‘(H) public safety communications; neutron science, including estimation of long-
term needs for research using neutron sources, treating and water-using equipment, and all re-
‘‘(I) resilient internet of things applications spective joints, connections, devices, and appur-
for advanced manufacturing; and and planning efforts for future facilities to meet
tenances.
‘‘(J) other research areas determined nec- such needs.
(c) REPORT TO CONGRESS.—Not later than 30 SEC. 10235. DR. DAVID SATCHER CYBERSECURITY
essary by the Director. EDUCATION GRANT PROGRAM.
‘‘(3) TESTBEDS.—In coordination with the As- months after the date of enactment of this Act,
(a) AUTHORIZATION OF GRANTS.—
sistant Secretary for Communications and Infor- the Director shall submit to Congress the plan (1) IN GENERAL.—Subject to the availability of
mation, the private sector, and other Federal required under subsection (a), and shall notify appropriations, the Director shall carry out the
agencies as appropriate, the Director may de- Congress of any substantial updates to such Dr. David Satcher Cybersecurity Education
velop and manage testbeds for research and de- plan in subsequent years. Grant Program by—
velopment of advanced communications tech- SEC. 10232. ARTIFICIAL INTELLIGENCE. (A) awarding grants to assist institutions of
nologies, avoiding duplication of existing (a) IN GENERAL.—The Director shall continue higher education that have an enrollment of
testbeds run by other agencies or the private to support the development of artificial intel- needy students, historically Black colleges and
sector. ligence and data science, and carry out the ac- universities, Tribal Colleges and Universities,
‘‘(4) OUTREACH.—In carrying out the activities tivities of the National Artificial Intelligence and minority-serving institutions, to establish or
under this subsection, the Director shall seek Initiative Act of 2020 authorized in division E of expand cybersecurity programs, to build and up-
input from other Federal agencies and from pri- the National Defense Authorization Act for Fis- grade institutional capacity to better support
vate sector stakeholders, on an ongoing basis, to cal Year 2021 (Public Law 116–283), including new or existing cybersecurity programs, includ-
help inform research and development priorities, through— ing cybersecurity partnerships with public and
including through workshops and other multi- (1) expanding the Institute’s capabilities, in- private entities, and to support such institutions
stakeholder activities. cluding scientific staff and research infrastruc- on the path to producing qualified entrants in
‘‘(5) TECHNICAL ROADMAPS.—In carrying out ture; the cybersecurity workforce or becoming a Na-
the activities under this subsection, the Director (2) supporting measurement research and de- tional Center of Academic Excellence in Cyber-
shall convene industry, institutions of higher velopment for advanced computer chips and security; and
education, nonprofit organizations, Federal lab- hardware designed for artificial intelligence sys- (B) awarding grants to build capacity at insti-
oratories, and other Federal agencies engaged in tems; tutions of higher education that have an enroll-
advanced communications research and devel- (3) supporting the development of technical ment of needy students, historically Black col-
opment to develop, and periodically update, co- standards and guidelines that promote safe and leges and universities, Tribal Colleges and Uni-
ordinated technical roadmaps for advanced trustworthy artificial intelligence systems, such versities, and minority-serving institutions, to
communications research in priority areas, such as enhancing the accuracy, explainability, pri- expand cybersecurity education opportunities,
as those described in paragraph (2). vacy, reliability, robustness, safety, security, cybersecurity programs, cybersecurity research,
‘‘(b) NATIONAL ADVANCED SPECTRUM AND and mitigation of harmful bias in artificial in- and cybersecurity partnerships with public and
COMMUNICATIONS TEST NETWORK.— telligence systems; private entities.
‘‘(1) IN GENERAL.—The Director, in coordina- (4) creating a framework for managing risks (2) RESERVATION.—The Director shall award
tion with the Administrator of the National associated with artificial intelligence systems; not less than 50 percent of the amount available
Telecommunications and Information Adminis- and for grants under this section to historically
tration and heads of other Federal agencies, as (5) developing and publishing cybersecurity Black colleges and universities, Tribal Colleges
appropriate, shall operate a national network of tools, encryption methods, and best practices for and Universities, and minority-serving institu-
government, academic, and commercial test ca- artificial intelligence and data science. tions.
pabilities and facilities to be known as the Na- (b) AI TESTBEDS.—Section 22A of the National (3) COORDINATION.—The Director shall carry
tional Advanced Spectrum and Communications Institute of Standards and Technology Act (15 out this section in coordination with appro-
Test Network (referred to in this section as U.S.C. 278h–1) is amended— priate Federal agencies, including the Depart-
‘NASCTN’). (1) by redesignating subsection (g) as sub- ments of Homeland Security, Education, and
‘‘(2) PURPOSES.—NASCTN shall be for the section (h); and Labor.
purposes of facilitating and coordinating the (2) by inserting after subsection (f) the fol- (4) SUNSET.—The Director’s authority to
use of intellectual capacity, modeling and sim- lowing: award grants under paragraph (1) shall termi-
ulation, laboratory facilities, and test facilities ‘‘(g) TESTBEDS.—In coordination with other nate on the date that is 5 years after the date
to meet national spectrum interests and chal- Federal agencies as appropriate, the private sec- the Director first awards a grant under para-
lenges, including— tor, and institutions of higher education (as graph (1).
‘‘(A) measurements and analyses of electro- such term is defined in section 101 of the Higher (b) APPLICATIONS.—An eligible institution
magnetic propagation, radio systems character- Education Act of 1965 (20 U.S.C. 1001)), the Di- seeking a grant under subsection (a) shall sub-
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istics, and operating techniques affecting the rector may establish testbeds, including in vir- mit an application to the Director at such time,
utilization of the electromagnetic spectrum in tual environments, to support the development in such manner, and containing such informa-
coordination with specialized, related research of robust and trustworthy artificial intelligence tion as the Director may reasonably require, in-
and analysis performed by other Federal agen- and machine learning systems, including cluding a statement of how the institution will
cies in their areas of responsibility; testbeds that examine the vulnerabilities and use the funds awarded through the grant to ex-
‘‘(B) conducting research and analysis in the conditions that may lead to failure in, malfunc- pand cybersecurity education opportunities at
general field of telecommunications sciences in tion of, or attacks on such systems.’’. the eligible institution.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7305
(c) ACTIVITIES.—An eligible institution that ‘‘(8) carry out other activities to increase the engineering, and professional personnel, and to
receives a grant under this section may use the participation of persons historically underrep- fix the basic pay of such personnel at a rate to
funds awarded through such grant for increas- resented in STEM in the Institute’s programs; be determined by the Secretary at rates not in
ing research, education, technical, partnership, and excess of the highest total annual compensation
and innovation capacity, including for— ‘‘(9) conduct outreach to and develop collabo- payable at the rate determined under section 104
(1) building and upgrading institutional ca- rations with nontraditional educational organi- of title 3, United States Code. The Director shall
pacity to better support new or existing cyberse- zations, including those that offer training appoint not more than 15 personnel under this
curity programs, including cybersecurity part- through nonprofit associations and professional section.
nerships with public and private entities; associations or professional societies, to engage ‘‘(c) SUNSET.—The authority under section (b)
(2) building and upgrading institutional ca- persons historically underrepresented in STEM shall expire on the date that is 5 years after the
pacity to provide hands-on research and train- through programs developed under this sub- date of the enactment of this section.’’.
ing experiences for undergraduate and graduate section.’’. SEC. 10245. INTERNATIONAL STANDARDS DEVEL-
students; and SEC. 10242. OTHER TRANSACTIONS AUTHORITY. OPMENT.
(3) outreach and recruitment to ensure stu- (a) IN GENERAL.—Paragraph (4) of section (a) SENSE OF CONGRESS.—It is the sense of
dents are aware of such new or existing cyberse- 2(b) of the National Institute of Standards and Congress that—
curity programs, including cybersecurity part- Technology Act (15 U.S.C. 272(b)) is amended to
nerships with public and private entities. (1) the principles of openness, transparency,
read as follows: due process, balance of interests, appeals, and
(d) REPORTING REQUIREMENTS.—Not later ‘‘(4) to enter into and perform such contracts,
than— consensus in the development of international
including cooperative research and development standards are critical;
(1) one year after the effective date of this sec-
arrangements and grants and cooperative agree- (2) voluntary consensus standards, developed
tion, as provided in subsection (f), and annually
ments or other transactions, as may be nec- through an industry-led process, serve as the
thereafter until the Director submits the report
essary in the conduct of its work and on such cornerstone of the United States standardization
under paragraph (2), the Director shall prepare
terms as it may determine appropriate, in fur- system and have become the basis of a sound
and submit to Congress a report on the status
therance of the purposes of this Act;’’. national economy and the key to global market
and progress of implementation of the grant pro-
(b) REPORTING.—Not later than one year after access;
gram under this section, including on the num- the date of the enactment of this Act and not
ber and demographics of institutions partici- (3) strengthening the unique United States
less than annually thereafter, the Secretary
pating, the number and nature of students public-private partnerships approach to stand-
shall submit to the Committee on Science, Space,
served by cybersecurity programs at institutions ards development is critical to United States eco-
and Technology and the Committee on Appro-
receiving grants, as well as the number of cer- nomic competitiveness; and
priations of the House of Representatives and
tificates or degrees awarded through such cyber- (4) the United States Government should en-
the Committee on Commerce, Science, and
security programs, the level of funding provided sure cooperation and coordination across Fed-
Transportation and the Committee on Appro-
to grant recipients, the types of activities being eral agencies to partner with and support pri-
priations of the Senate a report on the use of
funded by the grants program, and plans for fu- vate sector stakeholders to continue to shape
agreements, activities, and associated funding
ture implementation and development; and international dialogues in regard to standards
for transactions (other than contracts, coopera-
(2) five years after the effective date of this development for emerging technologies.
tive agreements, and grants) described in para-
section, as provided in subsection (f), the Direc- (b) INTERNATIONAL STANDARDS ENGAGE-
graph (4) of section 2(b) of the National Insti-
tor shall prepare and submit to Congress a re- MENT.—
tute of Standards and Technology Act (as
port on the status of cybersecurity education (1) IN GENERAL.—The Director shall lead in-
amended by subsection (a)), including the fol-
programming and capacity-building at institu- formation exchange and coordination among
lowing elements:
tions receiving grants under this section, includ- Federal agencies and communication from Fed-
(1) A description of when the other trans-
ing changes in the scale and scope of these pro- eral agencies to the private sector of the United
actions authority described in such amended
grams, associated facilities, or in accreditation States to ensure effective Federal engagement in
paragraph was used and for what purpose.
status, and on the educational and employment the development and use of international tech-
(2) A description of why such other trans-
outcomes of students participating in cybersecu- nical standards.
actions authority was required.
rity programs that have received support under (3) Steps taken to ensure necessary and suffi- (2) REQUIREMENTS.—To support private sec-
this section. cient oversight of Federal Government require- tor-led engagement and ensure effective Federal
(e) PERFORMANCE METRICS.—The Director engagement in the development and use of inter-
ments implemented using such other trans-
shall establish performance metrics for grants national technical standards, the Director shall
actions authority.
awarded under this section. consider—
(f) EFFECTIVE DATE.—This section shall take SEC. 10243. REPORT TO CONGRESS ON COLLABO-
RATIONS WITH GOVERNMENT AGEN- (A) the role and needs of the Federal Govern-
effect 1 year after the date of enactment of this CIES. ment with respect to international technical
Act. standards;
Not later than 6 months after the date of the
Subtitle C—General Activities enactment of this Act, the Director shall submit (B) organizations developing international
SEC. 10241. EDUCATIONAL OUTREACH AND SUP- a report to the Committee on Science, Space, technical standards of interest to the United
PORT FOR UNDERREPRESENTED and Technology and the Committee on Appro- States, United States representation and influ-
COMMUNITIES. ence in these organizations, and key contribu-
priations of the House of Representatives and
Section 18 of the National Institute of Stand- the Committee on Commerce, Science, and tors for technical and leadership expertise in
ards and Technology Act (15 U.S.C. 278g–1) is Transportation and the Committee on Appro- these organizations;
amended— priations of the Senate describing the Institute’s (C) support for persons with domain subject
(1) in subsection (a), in the second sentence— challenges with respect to collaboration between matter expertise, especially from small busi-
(A) by striking ‘‘may’’ and inserting ‘‘shall’’; the Institute and other Federal agencies. The nesses located in the United States, to influence
and report shall include, at a minimum— and engage in technical standards leadership
(B) by striking ‘‘academia’’ and inserting ‘‘di- (1) an assessment of the challenges that arise positions, working groups and meetings;
verse types of institutions of higher education, with interagency collaboration, including trans- (D) opportunities for partnerships for sup-
including historically Black colleges and univer- fer of funds with a limited period of availability porting international technical standards from
sities, Tribal Colleges and Universities, and mi- to the Institute and issues with sharing per- across the Federal Government, Federally fund-
nority-serving institutions, and community col- sonnel, associates, facilities, and property with ed research and development centers, univer-
leges’’; and collaborating agencies; and
(2) in subsection (e)— sity-affiliated research centers, institutions of
(2) descriptions of projects that were disrupted higher education, industry, industry associa-
(A) in paragraph (4), by striking ‘‘and’’ at the
due to the challenges outlined in paragraph (1). tions, nonprofit organizations, and other key
end;
(B) in paragraph (5), by striking the period at SEC. 10244. HIRING CRITICAL TECHNICAL EX- contributors;
PERTS. (E) support for activities to encourage the
the end and inserting ‘‘; and’’; and
(C) by inserting after paragraph (5) the fol- Section 6 of the National Institute of Stand- adoption of technical standards developed in
lowing: ards and Technology Act (15 U.S.C. 275) is the United States to be adopted by international
‘‘(6) conduct outreach to and develop research amended to read as follows: standards organizations; and
collaborations with historically Black colleges ‘‘SEC. 6. HIRING CRITICAL TECHNICAL EXPERTS. (F) other activities determined by the Director
and universities, Tribal Colleges or Universities, ‘‘(a) IN GENERAL.—The officers and employees to be necessary to support United States partici-
and minority serving institutions, including of the Institute, except the director, shall be ap- pation in international standards development,
through the recruitment of students and faculty pointed by the Secretary at such time as their economic competitiveness, and national security
dlhill on DSK120RN23PROD with HOUSE
at such institutions to participate in programs respective services may become necessary. in the development and use of international
developed under paragraph (3); ‘‘(b) HIRING CRITICAL TECHNICAL EXPERTS.— technical standards.
‘‘(7) conduct outreach to and develop research Notwithstanding section 3104 of title 5 or the (c) CAPACITY BUILDING GUIDANCE.—The Di-
collaborations with community colleges, includ- provisions of any other law relating to the ap- rector shall support education and workforce
ing through the recruitment of students and fac- pointment, number, classification, or compensa- development efforts to promote United States
ulty at such institutions to participate in pro- tion of employees, the Secretary shall have the participation in international standards organi-
grams developed under paragraph (3); authority to make appointments of scientific, zations. The Director shall—
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H7306 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(1) identify and create, as appropriate, tech- applicant disclosure requirements, grant amount (1) in paragraph (1) of section 17(c) (15 U.S.C.
nical standards education and training re- and duration, the merit review process, priority 3711a(c))—
sources for interested businesses, industry asso- areas for standards development, and any addi- (A) by moving each of subparagraphs (D) and
ciations, academia, nonprofit organizations, tional requirements for how grants are awarded (E) two ems to the left; and
Federal agencies, and other relevant standards under this subsection. (B) by adding at the end the following:
contributors, including activities targeted at in- (6) MERIT REVIEW PROCESS.—The Director ‘‘(G) Community.’’; and
tegrating standards content into undergraduate shall ensure that grants under this subsection (2) in subsection (m) of section 26 (15 U.S.C.
and graduate curricula in science, engineering, are awarded based on a competitive, merit re- 3721)—
business, public policy, and law; view process including the use of merit review (A) by striking paragraph (2);
(2) conduct outreach, including to private sec- panels that may include experts from both gov- (B) by redesignating paragraph (3) as para-
tor leaders, to support engagement by more ernment, the private sector, and, as appropriate, graph (2); and
United States stakeholders in international academic, nonprofit, or other organizations as (C) in paragraph (2), as so redesignated, by
technical standards development; and the Director determines appropriate. striking ‘‘and the Comptroller General’s review
(3) other activities determined necessary by (7) CONSULTATION.—In carrying out the pilot under paragraph (2)’’.
the Director to support increased engagement, program established under this subsection, the (c) AMERICAN INNOVATION AND COMPETITIVE-
influence, and leadership of United States orga- Director shall consult with other Federal agen- NESS ACT UPDATE.—Section 113 of the American
nizations in the development of international cies, private sector organizations, institutions of Innovation and Competitiveness Act (15 U.S.C.
technical standards. higher education, and nonprofit organizations 278e note) is repealed.
(d) CAPACITY BUILDING PILOT PROGRAM.— to help inform the pilot program, including the (d) CLERICAL AMENDMENT.—The item relating
(1) IN GENERAL.—The Director, in coordina- guidance developed under paragraph (5). to section 113 in the table of contents in section
tion with the Director of the National Science (8) REPORT TO CONGRESS.—The Director shall 1(b) of the American Innovation and Competi-
Foundation, and the heads of other relevant brief Congress after the second year of the pilot tiveness Act is repealed.
Federal agencies, as appropriate, shall establish program and each year following that includes (e) FEDERAL ENERGY MANAGEMENT IMPROVE-
or enter into cooperative agreements with appro- the following: MENT ACT UPDATE.—Section 4 of the Federal
priate nongovernmental organizations to estab- (A) An assessment of the effectiveness of the Energy Management Improvement Act of 1988
lish a 5-year pilot program to award grants, on pilot program for improving the participation of (15 U.S.C. 5001) is amended—
a merit-reviewed, competitive basis, to private United States small businesses, United States in- (1) by striking ‘‘Secretary of Commerce’’ and
sector entities, institutions of higher education, stitutions of higher education, or other non- ‘‘Secretary’’ each place either such term appears
or nonprofit institutions based in the United profit research institutions in international and inserting ‘‘Consumer Product Safety Com-
States to support increased participation and standards organizations, including— mission’’;
leadership by small business and academic inter- (i) the type of activities supported, including (2) by redesignating the second subsection (c)
ests in international standards organizations. leadership roles; as subsection (e); and
(2) USE OF FUNDS.—Grants awarded to eligible (ii) the international standards organizations (3) in subsection (g), by redesignating clauses
entities under this subsection may be used to participated in; and (i) and (ii) as paragraphs (1) and (2), respec-
cover reasonable costs, up to a specified ceiling (iii) the technical areas covered by the activi- tively.
set by the Director, of activities to support in- ties. (f) TITLE 40, UNITED STATES CODE.—Section
creased engagement and leadership of eligible (B) If determined effective, a plan for perma- 11331 of title 40, United States Code, is amended
entity employees in international standards or- nent implementation of the pilot program. by striking subsections (a) through (d) and in-
ganizations, which may include costs associated SEC. 10246. STANDARD TECHNICAL UPDATE. serting the following:
with— (a) NATIONAL INSTITUTE OF STANDARDS AND ‘‘(a) STANDARDS AND GUIDELINES.—
(A) travel; TECHNOLOGY ACT UPDATES.—The National In- ‘‘(1) AUTHORITY TO PRESCRIBE.—Except as
(B) education and training; stitute of Standards and Technology Act (15 provided under paragraph (2), the Secretary of
(C) dues or fees related to participation in U.S.C. 271) is amended— Commerce shall, on the basis of standards and
technical standards development activities; and (1) by amending subsection (a) of section 17 guidelines developed by the National Institute of
(D) other such costs that the Director deter- (15 U.S.C. 278g) to read as follows: Standards and Technology pursuant to para-
mines may reasonably support participation of ‘‘(a) The Secretary is authorized, notwith- graphs (2) and (3) of section 20(a) of the Na-
the eligible entity in international standards or- standing any other provision of law, to expend tional Institute of Standards and Technology
ganizations. such sums, within the limit of appropriated Act (15 U.S.C. 278g–3(a)), prescribe standards
(3) AWARD CRITERIA.—The Director shall en- funds, as the Secretary may determine desirable and guidelines pertaining to Federal informa-
sure that award decisions made under this sub- through direct support for activities of inter- tion systems.
section take into account the extent to which national organizations and foreign national me- ‘‘(2) NATIONAL SECURITY SYSTEMS.—Standards
the eligible entity— trology institutes with which the Institute co- and guidelines for national security systems
(A) employs full-time an individual or individ- operates to advance measurement methods, tech- shall be developed, prescribed, enforced, and
uals who demonstrate deep technical standards nical standards, and related basic technologies, overseen as otherwise authorized by law and as
expertise; for official representation, to host official recep- directed by the President.
(B) employs full-time an individual or individ- tions, dinners, and similar events, and to other- ‘‘(b) MANDATORY REQUIREMENTS.—
uals who demonstrate knowledge with the proc- wise extend official courtesies, including trans- ‘‘(1) AUTHORITY TO MAKE MANDATORY.—Ex-
esses of the standards development organization portation of foreign dignitaries and representa- cept as provided under paragraph (2), the Sec-
in which the eligible entity intends to engage tives of foreign national metrology institutes to retary of Commerce shall make standards pre-
using grant funds; and from the Institute, for the purpose of main- scribed under subsection (a)(1) compulsory and
(C) proposes a feasible set of standard taining the standing and prestige of the Depart- binding to the extent determined necessary by
deliverables to be completed over the period of ment of Commerce and the Institute, through the Secretary to improve the efficiency of oper-
the grant; the grant of fellowships or other appropriate ation or security of Federal information systems.
(D) explains how the eligible entity will fund form of financial or logistical assistance or sup- ‘‘(2) REQUIRED MANDATORY STANDARDS.—
additional standards-related activities necessary port to foreign nationals not in service to the ‘‘(A) IN GENERAL.—Standards prescribed
to achieve the deliverables referred to in sub- Government of the United States while they are under subsection (a)(1) shall include informa-
paragraph (C) if the grant funds are insufficient performing scientific or engineering work at the tion security standards that—
to cover all costs of such activities; Institute or participating in the exchange of sci- ‘‘(i) provide minimum information security re-
(E) commits personnel with appropriate exper- entific or technical information at the Insti- quirements as determined under section 20(b) of
tise to regularly engage in relevant inter- tute.’’; and the National Institute of Standards and Tech-
national organizations responsible for devel- (2) in section 20 (15 U.S.C. 278g–3)— nology Act (15 U.S.C. 278g–3(b)); and
oping technical standards over the period of the (A) in subsection (c), by amending paragraph ‘‘(ii) are otherwise necessary to improve the
grant; and (3) to read as follows: security of Federal information and information
(F) identifies a clearly defined current or an- ‘‘(3) submit such standards and guidelines to systems.
ticipated market need or gap that would be ad- the Secretary of Commerce for promulgation ‘‘(B) REQUIREMENT.—Information security
dressed by their standards development pro- under section 11331 of title 40;’’; and standards described in subparagraph (A) shall
posal. (B) in subsection (d)— be compulsory and binding.
(4) ELIGIBILITY.—A small business concern (as (i) in paragraph (1), by striking ‘‘Director of ‘‘(c) AUTHORITY TO DISAPPROVE OR MODIFY.—
such term is defined in section 3 of the Small the Office of Management and Budget’’ and in- The President may disapprove or modify the
Business Act (15 U.S.C. 632) based in the United serting ‘‘Secretary of Commerce’’; and standards and guidelines referred to in sub-
States, an institution of higher education, or a (ii) in paragraph (8), by striking ‘‘Director of section (a)(1) if the President determines such
dlhill on DSK120RN23PROD with HOUSE
nonprofit institution (as such term is defined in Management and Budget with such standards action to be in the public interest. The Presi-
section 4 of the Stevenson-Wydler Technology submitted to the Director’’ and inserting ‘‘Sec- dent’s authority to disapprove or modify such
Innovation Act of 1980 (15 U.S.C. 3703)) shall be retary of Commerce with such standards sub- standards and guidelines may not be delegated.
eligible to receive grants under this program. mitted to the Secretary’’. Notice of such disapproval or modification shall
(5) GUIDANCE ON APPLICATION AND AWARD (b) STEVENSON-WYDLER UPDATES.—The Ste- be published promptly in the Federal Register.
PROCESS.—The Director shall develop, and peri- venson-Wydler Technology Innovation Act of Upon receiving notice of such disapproval or
odically update, guidance, including eligibility, 1980 (15 U.S.C. 3701 et seq.) is amended— modification, the Secretary of Commerce shall
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7307
immediately rescind or modify such standards or ter of the Office of the Director of National In- (d) ADDITIONAL REQUIREMENTS.—The Director
guidelines as directed by the President. telligence, and the Institute in identifying and may promulgate such requirements, guidelines,
‘‘(d) EXERCISE OF AUTHORITY.—To ensure fis- addressing concerning findings. and procedures as may be necessary to carry out
cal and policy consistency, the Secretary of (3) An assessment of the Institute’s review this section.
Commerce shall exercise the authority conferred process for foreign national associates. (e) AUTHORIZATION OF APPROPRIATIONS.—
by this section subject to direction by the Presi- (4) An assessment of the Institute’s policies as There are authorized to be appropriated to carry
dent and in coordination with the Director of it relates to employees and associates partici- out this section $2,000,000 for each of fiscal
the Office of Management and Budget. pating in foreign talent recruitment programs. years 2022 through 2026.
‘‘(e) APPLICATION OF MORE STRINGENT STAND- (5) An assessment of the Institute’s implemen-
Subtitle D—Hollings Manufacturing
ARDS.—The head of an executive agency may tation of conflict of interest and disclosure poli-
Extension Partnership
employ standards for the cost-effective informa- cies and requirements, including the disclosure
requirements authorized in section 223 of the SEC. 10251.
ESTABLISHMENT OF EXPANSION
tion security for Federal information systems AWARDS PILOT PROGRAM AS A PART
within or under the supervision of that agency National Defense Authorization Act for Fiscal
OF THE HOLLINGS MANUFACTURING
that are more stringent than the standards the Year 2021 (Public Law 116–283). EXTENSION PARTNERSHIP.
Secretary prescribes under this section if the (6) An assessment of the Institute’s, the De-
(a) ESTABLISHMENT OF EXPANSION AWARDS
more stringent standards— partment of Commerce’s Office of Security, the
PROGRAM.—The National Institute of Standards
‘‘(1) contain at least the applicable standards Department of Commerce’s Office of Intel-
and Technology Act (15 U.S.C. 271 et seq.) is
made compulsory and binding by the Secretary ligence, and the Department of Commerce’s Of-
fice of Inspector General’s ability to monitor amended by inserting after section 25A (15
of Commerce; and U.S.C. 278k–1) the following:
‘‘(2) are otherwise consistent with policies and and enforce conflict of interest and disclosure
policies and requirements, including the disclo- ‘‘SEC. 25B. EXPANSION AWARDS PILOT PROGRAM.
guidelines issued under section 3553 of title 44. ‘‘(a) DEFINITIONS.—The terms used in this sec-
‘‘(f) DECISIONS ON PROMULGATION OF STAND- sure requirements authorized in section 223 of
the National Defense Authorization Act for Fis- tion have the meanings given the terms in sec-
ARDS.—The decision by the Secretary of Com-
cal Year 2021 (Public Law 116–283). tion 25.
merce regarding the promulgation of any stand- ‘‘(b) ESTABLISHMENT.—The Director shall es-
(7) An assessment of the Institute’s, the De-
ard under this section shall occur not later than tablish, subject to the availability of appropria-
partment of Commerce’s, and the Department of
6 months after the submission of the proposed tions, as a part of the Hollings Manufacturing
Commerce’s Office of Inspector General’s ability
standard to the Secretary by the National Insti- Extension Partnership under sections 25 and
to conduct risk assessments of research and de-
tute of Standards and Technology, as provided 25A, a pilot program of expansion awards
velopment award applications and disclosures to
under section 20 of the National Institute of among participants described in subsection (c)
the Institute.
Standards and Technology Act (15 U.S.C. 278g– (8) An assessment of the Institute’s research for the purposes described in subsection (e).
3). security training programs for both internal and ‘‘(c) PARTICIPANTS.—Participants receiving
‘‘(g) DEFINITIONS.—In this section: externally-supported researchers and associates, awards under this section shall be Centers, or a
‘‘(1) FEDERAL INFORMATION SYSTEM.—The including training focused on international col- consortium of Centers (as such term is defined
term ‘Federal information system’ means an in- laboration, and international travel, foreign in- in section 25).
formation system used or operated by an execu- terference, and rules for proper use of funds, ‘‘(d) AWARD AMOUNTS.—Subject to the avail-
tive agency, by a contractor of an executive disclosure, conflict of commitment, and conflict ability of appropriations, an award for a recipi-
agency, or by another organization on behalf of of interest. ent under this section shall be in an amount
an executive agency. (9) An analysis and summary of incidents of equal to the sum of the following:
‘‘(2) INFORMATION SECURITY.—The term ‘infor- undue foreign influence at Institute-supported ‘‘(1) Such amount as the Director considers
mation security’ has the meaning given that research facilities and programs over the past 10 appropriate as a minimum base funding level for
term in section 3552(b)(3) of title 44. years. each award under this section.
‘‘(3) NATIONAL SECURITY SYSTEM.—The term (10) Recommendations for the Institute to bol- ‘‘(2) Such additional amount as the Director
‘national security system’ has the meaning ster its research security policies and protocols. considers in proportion to the manufacturing
given that term in section 3552(b)(6) of title 44.’’. (11) Other matters the Comptroller General de- density of the region of the recipient.
(g) TECHNICAL AND CONFORMING AMEND- termines appropriate. ‘‘(3) Such supplemental amounts as the Direc-
MENT.—Paragraph (2) of section 20(a) of the Na- (c) CONGRESSIONAL BRIEFING.—Not later than tor considers appropriate.
tional Institute of Standards and Technology 180 days after the date of enactment of this Act, ‘‘(e) PURPOSE OF AWARDS.—An award under
Act (15 U.S.C. 278g–3(a)) is amended by striking the Comptroller General shall brief the Com- this section shall be made for one or more of the
‘‘section 3552(b)(5) of title 44, United States mittee on Science, Space, and Technology and following purposes:
Code’’ and inserting ‘‘section 3552(b)(6) of title the Permanent Select Committee on Intelligence ‘‘(1) To provide worker education, training,
44, United States Code’’. of the House of Representatives and the Com- development, and entrepreneurship training and
(h) NATIONAL CONSTRUCTION SAFETY TEAM mittee of Commerce, Science, and Transpor- to connect individuals or business with such
ACT UPDATES.—Section 4 of the National Con- tation and the Select Committee on Intelligence services offered in their community, which may
struction Safety Team Act (15 U.S.C. 7303) is of the Senate on the findings available from the include employee ownership and workforce
amended— evaluation conducted under subsection (a). training, including connecting manufacturers
(1) in subsection (c), by adding at the end the (d) REPORT.—Not later than 18 months after with career and technical education entities, in-
following: the date of enactment of this Act, the Comp- stitutions of higher education (including com-
‘‘(5) CIVIL SUITS.—Where practicable, a Team troller General shall submit to the congressional munity colleges), workforce development boards,
shall cooperate with civil litigants without com- committees specified in subsection (c) a report labor organizations, and nonprofit job training
promising a Team’s investigation or the evidence on the findings and recommendations of the providers to develop and support training and
preservation activities as described in this sec- evaluation conducted under subsection (a). job placement services, including apprenticeship
tion.’’; and SEC. 10248. STANDARDS DEVELOPMENT ORGANI- and online learning platforms, for new and in-
(2) in subsection (d)— ZATION GRANTS. cumbent workers, programming to prevent job
(A) in the subsection heading, by striking (a) NONGOVERNMENTAL STANDARDS DEVELOP- losses when adopting new technologies and
‘‘INTERAGENCY’’ and inserting ‘‘INVESTIGATION’’; MENT ORGANIZATION DEFINED.—In this section, processes, and development of employee owner-
and the term ‘‘nongovernmental standards develop- ship practices.
(B) in paragraph (1), by inserting ‘‘or any ment organization’’ means a nongovernmental ‘‘(2) To provide services to improve the resil-
civil suit or civil action’’ after ‘‘Federal agen- standards development organization (as defined iency of domestic supply chains.
cy’’. in section 2(e) of the Office of Management and ‘‘(3) To mitigate vulnerabilities to
SEC. 10247. GAO STUDY OF NIST RESEARCH SECU- Budget Circular A–119 (relating to Federal par- cyberattacks, including helping to offset the cost
RITY POLICIES AND PROTOCOLS. ticipation in the development and use of vol- of cybersecurity projects for small manufactur-
(a) EVALUATION.—Not later than 1 year after untary consensus standards in conformity as- ers.
the date of enactment of this Act, the Comp- sessment activities), or any successor document) ‘‘(4) To expand advanced technology services
troller General of the United States shall con- that adheres to the American National Stand- to United States-based small- and medium-sized
duct a study of the Institute’s policies and pro- ards Institute (ANSI) Essential Requirements for manufacturers, which may include—
tocols to protect its research and combat undue Due Process for American National Standards. ‘‘(A) developing technology demonstration
foreign influence. (b) GRANT AUTHORITY.—The Secretary of laboratories;
(b) MATTERS TO BE INCLUDED.—The study Commerce, acting through the Director, shall es- ‘‘(B) training and demonstration in areas of
conducted under subsection (a) shall include, to tablish a competitive program of grants for non- supply chain and critical technology needs, in-
the extent practicable, the following: governmental standards development organiza- cluding a focus on the demonstration of tech-
(1) An analysis of steps taken by the Institute tions for the purposes described in subsection nologies developed by companies based in the
dlhill on DSK120RN23PROD with HOUSE
to address foreign threats to Institute-funded re- (c). United States;
search over the previous 5 years. (c) PURPOSES.—A grant awarded under sub- ‘‘(C) services for the adoption of advanced
(2) An analysis of the coordination and en- section (b) shall be used to develop, approve, technologies, including smart manufacturing
gagement between the Department of Com- disseminate, maintain, and review forensic technologies and practices; and
merce’s Office of Inspector General, the Depart- science voluntary consensus standards and best ‘‘(D) establishing partnerships, for the devel-
ment of Commerce’s Office of Intelligence, the practices that shall be available to the public opment, demonstration, and deployment of ad-
National Counterintelligence and Security Cen- free of charge. vanced technologies, with—
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H7308 CONGRESSIONAL RECORD — HOUSE July 28, 2022
‘‘(i) national laboratories (as defined in sec- ‘‘(2) a description of which types of activities stitute of Standards and Technology Act (15
tion 2 of the Energy Policy Act of 2005 (42 under paragraph (1) could remain as part of a U.S.C. 278k-1(c)(2)) is amended by inserting
U.S.C. 15801)); permanent expansion awards program; ‘‘United States’’ before ‘‘manufacturers’’.
‘‘(ii) Federal laboratories; ‘‘(3) a description of which types of activities (d) MEP OUTREACH.—Section 25 of the Na-
‘‘(iii) Manufacturing USA institutes (as de- under paragraph (1) could be integrated into, tional Institute of Standards and Technology
scribed in section 34(d)); and and supported under, the program under section Act (15 U.S.C. 278k) is amended—
‘‘(iv) institutions of higher education. 25; (1) in subsection (c)—
‘‘(5) To build capabilities across the Hollings ‘‘(4) a description of which types of activities (A) in paragraph (6), by striking ‘‘community
Manufacturing Extension Partnership for do- under paragraph (1) could be integrated into, colleges and area career and technical edu-
mestic supply chain resiliency and optimization, and supported under, the competitive awards cation schools’’ and inserting the following:
including— program under section 25A; and ‘‘secondary schools, community colleges, and
‘‘(A) assessment of domestic manufacturing area career and technical education schools, in-
‘‘(5) a recommendation, supported by a clear
capabilities, expanded capacity for researching cluding those in underserved and rural commu-
explanation, as to whether the pilot program
and deploying information on supply chain risk,
should be continued.’’. nities,’’; and
hidden costs of reliance on offshore suppliers, (B) in paragraph (7)—
(b) RESOURCE OPTIMIZATION.—Of amounts
redesigning products and processes to encourage (i) by striking ‘‘and local colleges’’ and insert-
authorized for the Hollings Manufacturing Ex-
reshoring, and other relevant topics; and ing ‘‘local secondary schools and local colleges,
‘‘(B) expanded services to provide industry- tension Partnership program under section 25 of
the National Institute of Standards and Tech- including historically Black colleges and univer-
wide support that assists United States manu-
nology Act (15 U.S.C. 278k), the Secretary shall sities, Tribal Colleges or Universities, minority-
facturers with reshoring manufacturing to
optimize funding across sections 25 and 25A of serving institutions, community colleges, and
strengthen the resiliency of domestic supply
such Act, as well as the program established secondary schools and colleges in underserved
chains, including in critical technology areas
under section 25B of such Act (as added by sub- and rural communities,’’; and
and foundational manufacturing capabilities
section (a)), to the extent practicable and sub- (ii) by inserting ‘‘or other applied learning op-
that are key to domestic manufacturing competi-
ject to the availability of appropriations, in portunities’’ after ‘‘apprenticeships’’; and
tiveness and resiliency, including forming, cast-
order to maximize Center (as such term is de- (2) in subsection (d)(3), by striking ‘‘, commu-
ing, machining, joining, surface treatment, tool-
fined in such section 25) participation as well as nity colleges, and area career and technical
ing, and metal or chemical refining.
‘‘(f) REIMBURSEMENT.—The Director may re- competitiveness, productivity, and technological education schools,’’ and inserting the following:
imburse Centers for costs incurred by the Cen- performance in United States manufacturing. ‘‘and local high schools, community colleges,
ters under this section. SEC. 10252. UPDATE TO HOLLINGS MANUFAC- and area career and technical education
‘‘(g) APPLICATIONS.—Applications for awards TURING EXTENSION PARTNERSHIP. schools, including those in underserved and
under this section shall be submitted in such (a) ACCEPTANCE OF FUNDS.—Subsection (l) of rural communities,’’.
manner, at such time, and containing such in- section 25 of the National Institute of Standards SEC. 10253. NATIONAL SUPPLY CHAIN DATABASE.
formation as the Director shall require in con- and Technology Act (15 U.S.C. 278k) is amended (a) ESTABLISHMENT OF NATIONAL SUPPLY
sultation with the Manufacturing Extension to read as follows: CHAIN DATABASE.—The Director shall establish
Partnership Advisory Board. ‘‘(l) ACCEPTANCE OF FUNDS.— a voluntary National Supply Chain Database,
‘‘(h) SELECTION.— ‘‘(1) IN GENERAL.—To the extent provided in subject to the availability of appropriations.
‘‘(1) REVIEWED AND MERIT-BASED.—The Direc- advance in appropriations Acts, other Federal (b) PURPOSE.—The purpose of the voluntary
tor shall ensure that awards under this section departments and agencies may transfer amounts National Supply Chain Database shall be to as-
are reviewed and merit-based. to the Institute, and the Secretary and Director sist the Federal Government and industry sec-
‘‘(2) GEOGRAPHIC DIVERSITY.—The Director may accept and make available cash donations tors in minimizing disruptions to the United
shall endeavor to have broad geographic diver- from the private sector pursuant to section States supply chain by having an assessment of
sity among selected proposals. 2(c)(7), to be used for strengthening United United States manufacturers’ capabilities.
‘‘(3) CRITERIA.—The Director shall select ap- States manufacturing under this section. (c) STUDY ON NATIONAL SUPPLY CHAIN DATA-
plications consistent with the purposes identi- ‘‘(2) COMPETITIVE AWARDS.—Funds accepted BASE.—In establishing the National Supply
fied pursuant to subsection (e) to receive awards from other Federal departments and agencies Chain Database, the Director shall consider the
that the Director determines will achieve one or and from the private sector under paragraph (1) findings and recommendations from the study
more of the following: shall be awarded competitively by the Secretary authorized pursuant to section 9413 of the Na-
‘‘(A) Improvement of the competitiveness of
and Director to Centers, provided that the Sec- tional Defense Authorization Act for Fiscal
industries in the region in which the Center or
retary and Director may make noncompetitive Year 2021 (Public Law 116–283), including meas-
Centers are located.
‘‘(B) Creation of jobs or training of newly awards, pursuant to this section or section 25A, ures to secure and protect the Database from
hired employees. or as a non-competitive contract, as appro- adversarial attacks and vulnerabilities.
‘‘(C) Promotion of the transfer and commer- priate, if the Secretary and Director determine (d) DATABASE AND MANUFACTURING EXTEN-
cialization of research and technology from in- that— SION PARTNERSHIP.—
stitutions of higher education, national labora- ‘‘(A) the manufacturing market or sector tar- (1) IN GENERAL.—The Director shall establish
tories, or other federally funded research pro- geted is limited geographically or in scope; the infrastructure for the National Supply
grams, and nonprofit research institutes. ‘‘(B) the number of States (or territory, in the Chain Database through the Hollings Manufac-
‘‘(D) Recruitment of a diverse manufacturing case of Puerto Rico) with Centers serving manu- turing Extension Partnership, established pur-
workforce, including through outreach to facturers of such market or sector is five or suant to section 25 of the National Institute of
underrepresented populations, including indi- fewer; and Standards and Technology Act (15 U.S.C. 278k),
viduals identified in section 33 or section 34 of ‘‘(C) such Center has or Centers have received by connecting information from the Centers (as
the Science and Engineering Equal Opportuni- a positive evaluation in the most recent evalua- such term is defined in such section) through
ties Act (42 U.S.C. 1885a, 1885b). tion conducted pursuant to subsection (g).’’. the Database.
‘‘(E) Any other result the Director determines (b) SUPPORTING AMERICAN MANUFACTURING.— (2) NATIONAL VIEW.—The Director shall en-
will advance the objective set forth in section Section 25 of the National Institute of Standards sure that connections under paragraph (1)—
25(c) or 25A. and Technology Act (15 U.S.C. 278k) is amend- (A) provide a national overview of the net-
‘‘(i) PROGRAM CONTRIBUTION.—Recipients of ed— works of supply chains of the United States;
awards under this section shall not be required (1) in subsection (a)(5)— and
to provide a matching contribution. (A) by striking ‘‘or consortium thereof,’’; and (B) support understanding of whether there is
‘‘(j) GLOBAL MARKETPLACE PROJECTS.—In (B) by inserting ‘‘or a consortium thereof’’ be- a need for some manufacturers to retool in some
making an award under this section, the Direc- fore the period at the end of the sentence; critical areas to meet the urgent need for key
tor, in consultation with the Manufacturing Ex- (2) in subsection (c)(4), by inserting ‘‘United products.
tension Partnership Advisory Board and the States-based’’ before ‘‘industrial’’; (3) INDIVIDUAL HOLLINGS MANUFACTURING EX-
Secretary, may take into consideration whether (3) in subsection (d)— TENSION PARTNERSHIP CENTER DATABASES.—
an application has significant potential for en- (A) in paragraph (1), by inserting ‘‘at United (A) IN GENERAL.—The Director shall ensure
hancing the competitiveness of small and me- States-based industrial facilities, including that—
dium-sized United States manufacturers in the small and medium manufacturing companies’’ (i) each Center is connected to the National
global marketplace. before ‘‘based’’; Supply Chain Database; and
‘‘(k) DURATION.—The Director shall ensure (B) in paragraph (2), by inserting ‘‘United (ii) each supply chain database maintained by
that the duration of an award under this sec- States-based’’ before ‘‘companies’’; and a Center is interoperable with the Database.
tion is aligned and consistent with a Center’s (C) in paragraph (3), by inserting ‘‘United (B) RULE OF CONSTRUCTION.—Nothing in this
cooperative agreement established in section States-based’’ before ‘‘small’’; section may be construed to require a State or
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25(e). (4) in subsection (f)(5)(B)(i), by inserting ‘‘in territory of the United States to establish a new
‘‘(l) REPORT.—Not later than October 1, 2025, the United States’’ before the semicolon at the supply chain database through the Hollings
the Director shall submit to Congress a report end of the clause; and Manufacturing Extension Partnership program.
that includes— (5) in subsection (n)(1)(A), by inserting (e) MAINTENANCE OF NATIONAL SUPPLY CHAIN
‘‘(1) a summary description of what activities ‘‘United States-based’’ before ‘‘small’’. DATABASE.—The Director, acting through the
were funded and the measurable outcomes of (c) AMENDING THE MEP COMPETITIVE AWARDS Hollings Manufacturing Extension Partnership
such activities; PROGRAM.—Section 25A(c)(2) of the National In- program or a designee of the program—
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7309
(1) shall maintain the National Supply Chain civil enforcement action brought by a Federal, Asian American and Native American Pacific Is-
Database as an integration of State-level data- State, Tribal, or local authority. lander-serving institution, or Native American-
bases from the Center of each State or territory (2) EXPRESS STATEMENT.—The express state- serving nontribal institution as defined in sec-
of the United States; ment described in this paragraph, with respect tion 371(c) of such Act (20 U.S.C. 1067q(c)).
(2) may populate the Database with informa- to information or records, is— ‘‘(10) SECONDARY SCHOOL.—The term ‘sec-
tion from past or current clients of Centers; and (A) in the case of written information or ondary school’ has the meaning given such term
(3) may include in the Database information records, a written marking on the information in section 8101 of the Elementary and Secondary
voluntarily provided by non-client private sector or records substantially similar to the following: Education Act of 1965 (20 U.S.C. 7801).
entities based and operating in the United ‘‘This information is voluntarily submitted to ‘‘(11) TRIBAL COLLEGE OR UNIVERSITY.—The
States, as applicable and appropriate. the Federal Government in expectation of pro- term ‘Tribal College or University’ has the
(f) DATABASE CONTENT.—The National Supply tection from disclosure as provided by the provi- meaning given the term ‘Tribal College or Uni-
Chain Database may include the following: sions of section 10253(k) of the Research and De- versity’ in section 316 of the Higher Education
(1) Basic private sector entity information. velopment, Competition, and Innovation Act.’’; Act of 1965 (20 U.S.C. 1059c).’’.
(2) An overview of capabilities, accreditations, or Subtitle E—Manufacturing USA Program
and products. (B) in the case of oral information, a written
SEC. 10261. SUPPORTING GEOGRAPHIC DIVER-
(3) Proprietary information. statement similar to the statement described in SITY.
(g) STANDARD CLASSIFICATION SYSTEM.—The subparagraph (A) submitted within a reasonable Section 34(e) of the National Institute of
National Supply Chain Database may, where period following the oral communication. Standards and Technology Act (15 U.S.C.
applicable, use the North American Industry (l) RULES OF CONSTRUCTION.— 278s(e)) is amended by adding at the end the fol-
Classification System (NAICS) Codes as follows: (1) PRIVATE ENTITIES.—Nothing in this section
lowing:
(1) Sector 31-33 – Manufacturing. may be construed to require any private sector ‘‘(8) DIVERSITY PREFERENCES.—In awarding
(2) Sector 54 – Professional, Scientific, and entity to share data, including proprietary in- financial assistance under paragraph (1) for
Technical Services. formation, with the Director or the National planning or establishing a Manufacturing USA
(3) Sector 48-49 – Transportation and Supply Chain Database. institute, an agency head shall give special con-
Warehousing. (2) PROHIBITION ON NEW REGULATORY AUTHOR-
sideration to Manufacturing USA institutes
(h) LEVELS.—The National Supply Chain ITY.—Nothing in this section may be construed
that—
Database shall be multi-leveled as agreed to to grant the Director, or the head of any other ‘‘(A) contribute to the geographic diversity of
under terms of mutual disclosure as follows: Federal agency, any authority to promulgate the Manufacturing USA Program;
(1) Level 1 shall have the capability to provide regulations or set standards on manufacturers, ‘‘(B) are located in an area with a low per
basic private sector entity information and shall based on data within the National Supply capita income;
be available to the public. Chain Database, that was not in effect on the ‘‘(C) are located in an area with a high pro-
(2) Level 2 shall have the capability to provide day before the date of the enactment of this sec- portion of socially disadvantaged residents; or
a deeper, nonproprietary overview into capabili- tion. ‘‘(D) are located in small and rural commu-
ties, products, and accreditations and shall be SEC. 10254. HOLLINGS MANUFACTURING EXTEN- nities.’’.
available to all companies that contribute to the SION PARTNERSHIP ACTIVITIES. SEC. 10262. EXPANDING OPPORTUNITIES
Database. Section 70924(b) of the Infrastructure Invest- THROUGH THE MANUFACTURING
(3) Level 3 shall have the capability to hold ment and Jobs Act (Public Law 117–58) is USA PROGRAM.
proprietary information. amended to read as follows: (a) IN GENERAL.—The Secretary of Commerce,
(i) MATTERS RELATING TO DISCLOSURE AND ‘‘(b) AUTOMATIC ENROLLMENT IN GSA ADVAN- in consultation with the Secretary of Energy,
ACCESS.— TAGE.—The Administrator of the General Serv- the Secretary of Defense, and the heads of such
(1) FOIA EXEMPTION.—The National Supply ices Administration and the Secretary of Com- other Federal agencies as the Secretary of Com-
Chain Database, and any information con- merce, acting through the Under Secretary of merce considers relevant, shall coordinate with
tained therein that is not publicly released by Commerce for Standards and Technology, shall existing and new Manufacturing USA institutes
the Institute, shall be exempt from public disclo- jointly ensure that businesses that participate in to integrate covered entities as active members of
sure under section 552(b)(3) of title 5, United the Hollings Manufacturing Extension Partner- the Manufacturing USA institutes, including
States Code. ship, and so desire, are automatically enrolled through the development of preferences in selec-
(2) LIMITATION ON ACCESS TO CONTENT.—Ac- in General Services Administration Advan- tion criteria for proposals to create new Manu-
cess to a contributing private sector entity’s tage.’’. facturing USA institutes or renew existing Man-
nonpublic content in the National Supply Chain SEC. 10255. AMENDMENT TO THE HOLLINGS MAN- ufacturing USA institutes that include one or
Database shall be limited to— UFACTURING EXTENSION PARTNER- more covered entities.
(A) the contributing private sector entity, the SHIP RELATING TO INSTITUTIONS (b) COVERED ENTITIES.—For purposes of this
Institute, and staff from a Center who sign a OF HIGHER EDUCATION.
subsection, a covered entity is—
nondisclosure agreement, and Subsection (a) of section 25 of the National In- (1) an historically Black college and univer-
(B) other Federal departments and agencies, stitute of Standards and Technology Act (15 sity;
as the Director considers appropriate. U.S.C. 278k) is amended— (2) a Tribal College or University;
(3) AGGREGATED INFORMATION.—The Director (1) by redesignating paragraph (6) (relating to (3) a minority-serving institution;
may make aggregated, de-identified information the definition of ‘‘Hollings Manufacturing Ex- (4) a minority business enterprise (as such
available to contributing companies, Centers, or tension Partnership or Program’’) as paragraph term is defined in section 1400.2 of title 15, Code
the public, as the Director considers appro- (7); of Federal Regulations, or successor regulation);
priate, in support of the purposes of this section. (2) by inserting after paragraph (5) the fol- or
(j) COORDINATION WITH NATIONAL TECH- lowing new paragraph: (5) a rural-serving institution of higher edu-
NOLOGY AND INDUSTRIAL BASE COUNCIL.—The ‘‘(6) HISTORICALLY BLACK COLLEGE AND UNI- cation (as such term is defined in section 861 of
Director, acting through the Hollings Manufac- VERSITY.—The term ‘historically Black college the Higher Education Act of 1965 (20 U.S.C.
turing Extension Partnership program, may and university’ has the meaning given the term 1161q)).
work with the National Defense Technology and ‘part B institution’ in section 322 of the Higher SEC. 10263. PROMOTING DOMESTIC PRODUCTION
Industrial Base Council established under sec- Education Act of 1965 (20 U.S.C. 1061).’’; OF TECHNOLOGIES DEVELOPED
tion 4812 of title 10, United States Code, as the (3) by redesignating the second paragraph (7) UNDER MANUFACTURING USA PRO-
Director considers appropriate, to include in the (relating to the definition of ‘‘MEP Advisory GRAM.
National Supply Chain Database information Board’’) as paragraph (8); (a) DEPARTMENT OF COMMERCE POLICIES TO
regarding the defense manufacturing supply (4) by inserting after paragraph (6) (as in- PROMOTE DOMESTIC PRODUCTION OF TECH-
chain. serted by paragraph (2), relating to the defini- NOLOGIES DEVELOPED UNDER MANUFACTURING
(k) PROTECTIONS.— tion of ‘‘historically Black college and univer- USA NETWORK.—
(1) IN GENERAL.—Supply chain information sity’’) the following new paragraph: (1) POLICIES.—
that is voluntarily and lawfully submitted to the ‘‘(7) INSTITUTION OF HIGHER EDUCATION.—The (A) IN GENERAL.—Each agency head (as such
National Supply Chain Database by a private term ‘institution of higher education’ has the term is defined in section 34(a) of the National
sector entity and accompanied by an express meaning given such term in section 101 of the Institute of Standards and Technology Act (15
statement described in paragraph (2)— Higher Education Act of 1965 (20 U.S.C. 1001).’’; U.S.C. 278s(a))) and the Secretary of Defense
(A) shall be exempt from disclosure under sec- and shall, in consultation with the Secretary of
tion 552(b)(3) of title 5, United States Code; (5) by adding at the end the following new Commerce, establish policies to promote the do-
(B) may not be made available pursuant to paragraphs: mestic production of technologies developed by
any Federal, State, local, or Tribal authority ‘‘(9) MINORITY-SERVING INSTITUTION.—The the Manufacturing USA Network.
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pursuant to any Federal, State, local, or Tribal term ‘minority-serving institution’ means a His- (B) ELEMENTS.—The policies established
law requiring public disclosure of information or panic-serving institution as defined in section under subparagraph (A) shall include the fol-
records; and 502(a) of the Higher Education Act of 1965 (20 lowing:
(C) may not, without the written consent of U.S.C. 1101a(a)); an Alaska Native-serving insti- (i) Measures to partner domestic developers of
the private sector entity submitting such infor- tution or Native Hawaiian-serving institution as goods, services, or technologies by Manufac-
mation, be used directly by the Director, or any defined in section 317(b) of such Act (20 U.S.C. turing USA Network activities with domestic
other Federal, State, or local authority in any 1059d(b)); or a Predominantly Black institution, manufacturers and sources of financing.
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H7310 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(ii) Measures to develop and provide incen- TITLE III—NATIONAL SCIENCE (iv) $70,000,000 is authorized to be appro-
tives to promote transfer of intellectual property FOUNDATION FOR THE FUTURE priated for the Cybercorps Scholarship for Serv-
and goods, services, or technologies developed Subtitle A—Preliminary Matters ice Program; and
by Manufacturing USA Network activities to do- (v) $350,000,000 is authorized to be appro-
SEC. 10301. SENSE OF CONGRESS.
mestic manufacturers. priated for fellowships, traineeships, and schol-
It is the sense of Congress that—
(iii) Measures to assist with supplier scouting (1) the National Science Foundation, the De- arships described in section 10393;
and other supply chain development, including (C) $249,000,000 is authorized to be appro-
partment of Energy and its National Labora-
the use of the Hollings Manufacturing Exten- priated for major research equipment and facili-
tories, and other key Federal agencies have car-
sion Partnership under section 25 of the Na- ties construction, of which $76,250,000 is author-
ried out vital work supporting basic and applied
tional Institute of Standards and Technology ized to be appropriated for the Mid-Scale Re-
research to create knowledge that is a key driver
Act (15 U.S.C. 278k) to carry out such measures. search Infrastructure Program;
of the economy of the United States and a crit- (D) $620,000,000 is authorized to be appro-
(iv) A process to review and approve or deny ical component of national security; priated for agency operations and award man-
membership in a Manufacturing USA institute (2) openness to diverse perspectives and a
agement;
by foreign-owned entities, especially from coun- focus on freedom from censorship and political (E) $5,090,000 is authorized to be appropriated
tries of concern, including the People’s Republic bias will continue to make educational and re- for the Office of the National Science Board;
of China. search institutions in the United States beacons and
(v) Measures to prioritize Federal procurement to thousands of students from across the world; (F) $23,390,000 is authorized to be appro-
of goods, services, or technologies developed by (3) increasing research and technology trans- priated for the Office of the Inspector General.
the Manufacturing USA Network activities from fer investments, building regional capacity and (b) FISCAL YEAR 2024.—
domestic sources, as appropriate. reducing geographic disparity, strengthening (1) IN GENERAL.—There are authorized to be
(C) PROCESSES FOR WAIVERS.—The policies es- supply chains, and increasing capabilities in appropriated to the Foundation $15,646,930,000
tablished under this paragraph shall include key technology focus areas will enhance the for fiscal year 2024.
processes to permit waivers, on a case by case competitive advantage and leadership of the (2) SPECIFIC ALLOCATIONS.—Of the amount
basis, for policies that promote domestic produc- United States in the global economy; authorized under paragraph (1)—
tion based on cost, availability, severity of tech- (4) the Federal Government must utilize the (A) $12,050,000,000 is authorized to be appro-
nical and mission requirements, emergency re- full talent and potential of the entire Nation by priated to carry out research and related activi-
quirements, operational needs, other legal or avoiding undue geographic concentration of re- ties, of which—
international treaty obligations, or other factors search and STEM education funding, encour- (i) $60,000,000 is authorized to be appropriated
determined important to the success of the Man- aging broader participation of populations for the Mid-Scale Research Infrastructure Pro-
ufacturing USA Program. underrepresented in STEM, and collaborating gram; and
with nongovernment partners to ensure the (ii) $3,350,000,000 is authorized to be appro-
(2) PROHIBITION.—
leadership of the United States in technological priated for the Directorate for Technology, In-
(A) IN GENERAL.—A company of the People’s
innovation; and novation, and Partnerships;
Republic of China may not participate in the (B) $2,500,000,000 is authorized to be appro-
(5) authorization and funding for investments
Manufacturing USA Program without a waiver, priated for STEM education, of which—
in research, education, technology transfer, in-
as described in paragraph (1)(C). (i) $80,400,000 is authorized to be appropriated
tellectual property, manufacturing, and other
(B) COMPANY DEFINED.—In this paragraph, core strengths of the United States innovation for the Robert Noyce Teacher Scholarship Pro-
the term ‘‘company’’ has the meaning given ecosystem, including at the National Science gram;
such term in section 847(a) of the National De- Foundation and the Department of Energy, (ii) $64,910,000 is authorized to be appro-
fense Authorization Act for Fiscal Year 2020 should be done on a bipartisan basis. priated for the NSF Research Traineeship Pro-
(Public Law 116–92; 10 U.S.C. 4819 note). gram;
SEC. 10302. DEFINITIONS.
(b) COORDINATION OF MANUFACTURING USA (iii) $454,140,000 is authorized to be appro-
In this title:
INSTITUTES.—Subsection (h) of section 34 of the (1) BOARD.—The term ‘‘Board’’ means the Na- priated for the Graduate Research Fellowship
National Institute of Standards and Technology tional Science Board. Program;
Act (15 U.S.C. 278s) is amended by adding at the (2) DIRECTOR.—The term ‘‘Director’’ means (iv) $72,000,000 is authorized to be appro-
end the following: the Director of the National Science Founda- priated for the Cybercorps Scholarship for Serv-
‘‘(7) COUNCIL FOR COORDINATION OF INSTI- tion. ice Program; and
TUTES.— (3) NSF INCLUDES.—The term ‘‘NSF IN- (v) $800,000,000 is authorized to be appro-
‘‘(A) COUNCIL.—The National Program Office CLUDES’’ means the initiative carried out priated for fellowships, traineeships, and schol-
shall establish or designate a council of heads of under section 10323. arships described in section 10393;
(4) STEM ECOSYSTEM.—The term ‘‘STEM eco- (C) $355,000,000 is authorized to be appro-
any Manufacturing USA institute receiving
system’’ means a local, regional, or statewide priated for major research equipment and facili-
Federal funding at any time to foster collabora-
network, consortium, or multi-sector partner- ties construction, of which $80,000,000 is author-
tion between Manufacturing USA institutes.
ship, which may be led or co-led by a nonprofit ized to be appropriated for the Mid-Scale Re-
‘‘(B) MEETINGS.—The council established or
organizational entity, that is operating in the search Infrastructure Program;
designated pursuant to subparagraph (A) shall (D) $710,000,000 is authorized to be appro-
meet not less frequently than twice each year. United States with the goal of supporting par-
priated for agency operations and award man-
‘‘(C) DUTIES OF THE COUNCIL.—The council es- ticipation in STEM study, activities, and career
agement;
tablished pursuant to subparagraph (A) shall pathways as defined in the CoSTEM Annual (E) $5,320,000 is authorized to be appropriated
assist the National Program Office in carrying Progress Report of 2020 with a broad range of for the Office of the National Science Board;
out the functions of the National Program Of- non-Federal partners. and
fice under paragraph (2).’’. SEC. 10303. AUTHORIZATION OF APPROPRIA- (F) $26,610,000 is authorized to be appro-
(c) REQUIREMENT FOR NATIONAL PROGRAM TIONS.
priated for the Office of the Inspector General.
OFFICE TO DEVELOP STRATEGIES FOR RETAINING (a) FISCAL YEAR 2023.— (c) FISCAL YEAR 2025.—
DOMESTIC PUBLIC BENEFIT AFTER CESSATION OF (1) IN GENERAL.—There are authorized to be (1) IN GENERAL.—There are authorized to be
FEDERAL FUNDING.—Subparagraph (C) of sec- appropriated to the Foundation $11,897,480,000 appropriated to the Foundation $16,706,670,000
tion 34(h)(2) of the National Institute of Stand- for fiscal year 2023. for fiscal year 2025.
ards and Technology Act (15 U.S.C. 278s(h)(2)) (2) SPECIFIC ALLOCATIONS.—Of the amount (2) SPECIFIC ALLOCATIONS.—Of the amount
is amended by inserting ‘‘, including a strategy authorized under paragraph (1)— authorized under paragraph (1)—
(A) $9,050,000,000 is authorized to be appro- (A) $12,850,000,000 is authorized to be appro-
for retaining domestic public benefits from Man-
priated to carry out research and related activi- priated to carry out research and related activi-
ufacturing USA institutes once Federal funding
ties, of which— ties, of which—
has been discontinued’’ after ‘‘Program’’.
(i) $55,000,000 is authorized to be appropriated (i) $70,000,000 is authorized to be appropriated
(d) MODIFICATION OF FUNCTIONS OF NATIONAL for the Mid-Scale Research Infrastructure Pro- for the Mid-Scale Research Infrastructure Pro-
PROGRAM OFFICE TO INCLUDE DEVELOPMENT OF gram; and gram; and
INDUSTRY CREDENTIALS.—Subparagraph (J) of (ii) $1,500,000,000 is authorized to be appro- (ii) $3,550,000,000 is authorized to be appro-
section 34(h)(2) of the National Institute of priated for the Directorate for Technology, In- priated for the Directorate for Technology, In-
Standards and Technology Act (15 U.S.C. novation, and Partnerships; novation, and Partnerships;
278s(h)(2)) is amended by inserting ‘‘, including (B) $1,950,000,000 is authorized to be appro- (B) $2,700,000,000 is authorized to be appro-
the development of industry credentials’’ after priated for STEM education, of which— priated for STEM education, of which—
‘‘activities’’. (i) $73,700,000 is authorized to be appropriated (i) $87,100,000 is authorized to be appropriated
(e) ADVICE FROM THE UNITED STATES MANU- for the Robert Noyce Teacher Scholarship Pro- for the Robert Noyce Teacher Scholarship Pro-
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FACTURING COUNCIL.—The Secretary shall seek gram; gram;
advice from the United States Manufacturing (ii) $59,500,000 is authorized to be appro- (ii) $70,320,000 is authorized to be appro-
Council of the International Trade Administra- priated for the NSF Research Traineeship Pro- priated for the NSF Research Traineeship Pro-
tion of the Department of Commerce on matters gram; gram;
concerning investment in and support of the (iii) $416,300,000 is authorized to be appro- (iii) $491,990,000 is authorized to be appro-
manufacturing workforce within the Manufac- priated for the Graduate Research Fellowship priated for the Graduate Research Fellowship
turing USA Program. Program; Program;
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7311
(iv) $78,000,000 is authorized to be appro- (iv) $90,000,000 is authorized to be appro- ‘‘(ii) the use of a variety of engagement meth-
priated for the Cybercorps Scholarship for Serv- priated for the Cybercorps Scholarship for Serv- ods, including cooperative and hands-on learn-
ice Program; and ice Program; and ing;
(v) $900,000,000 is authorized to be appro- (v) $1,000,000,000 is authorized to be appro- ‘‘(iii) exposure of students to role models in
priated for fellowships, traineeships, and schol- priated for fellowships, traineeships, and schol- the fields of STEM and near-peer mentors;
arships described in section 10393; arships described in section 10393; ‘‘(iv) training of informal learning educators,
(C) $370,000,000 is authorized to be appro- (C) $375,000,000 is authorized to be appro- youth-serving professionals, and volunteers who
priated for major research equipment and facili- priated for major research equipment and facili- lead informal STEM programs in using evi-
ties construction, of which $85,000,000 is author- ties construction, of which $100,000,000 is au- dence-based methods consistent with the target
ized to be appropriated for the Mid-Scale Re- thorized to be appropriated for the Mid-Scale student population being served;
search Infrastructure Program; Research Infrastructure Program; ‘‘(v) education of students on the relevance
(D) $750,000,000 is authorized to be appro- (D) $800,000,000 is authorized to be appro- and significance of STEM careers, provision of
priated for agency operations and award man- priated for agency operations and award man- academic advice and assistance, and activities
agement; agement; designed to help students make real-world con-
(E) $5,560,000 is authorized to be appropriated (E) $6,070,000 is authorized to be appropriated nections to STEM content;
for the Office of the National Science Board; for the Office of the National Science Board; ‘‘(vi) the preparation of students to attend
and and events, competitions, and academic programs
(F) $31,110,000 is authorized to be appro- (F) $38,110,000 is authorized to be appro- that provide content expertise and encourage
priated for the Office of the Inspector General. priated for the Office of the Inspector General. career exposure in STEM, which may include
(d) FISCAL YEAR 2026.— the purchase of parts and supplies needed to
(1) IN GENERAL.—There are authorized to be Subtitle B—STEM Education
prepare for participation in such competitions;
appropriated to the Foundation $17,832,420,000 SEC. 10311. PREK–12 STEM EDUCATION.
‘‘(vii) activities designed to engage parents
for fiscal year 2026. (a) NATIONAL ACADEMIES STUDY.—Not later and families of students in PreK–12 in STEM;
(2) SPECIFIC ALLOCATIONS.—Of the amount than 120 days after the date of enactment of this ‘‘(viii) innovative strategies to engage stu-
authorized under paragraph (1)— Act, the Director shall enter into an agreement dents, such as using leadership skills and out-
(A) $13,800,000,000 is authorized to be appro- with the National Academies to conduct a study come measures to impart youth with the con-
priated to carry out research and related activi- to— fidence to pursue STEM coursework and aca-
ties, of which— (1) review the research literature and identify
(i) $75,000,000 is authorized to be appropriated demic study;
research gaps regarding the interconnected fac- ‘‘(ix) coordination with STEM-rich environ-
for the Mid-Scale Research Infrastructure Pro- tors that foster and hinder successful implemen-
gram; and ments, including other nonprofit, nongovern-
tation of promising, evidence-based PreK–12 mental organizations, out-of- classroom settings,
(ii) $3,800,000,000 is authorized to be appro- STEM education innovations at the local, re-
priated for the Directorate for Technology, In- institutions of higher education, vocational fa-
gional, and national level; cilities, corporations, museums, or science cen-
novation, and Partnerships; (2) present a compendium of promising, evi-
(B) $2,850,000,000 is authorized to be appro- ters; and
dence-based PreK–12 STEM education practices, ‘‘(x) the acquisition of instructional materials
priated for STEM education, of which—
(i) $93,800,000 is authorized to be appropriated models, programs, and technologies; or technology-based tools to conduct applicable
for the Robert Noyce Teacher Scholarship Pro- (3) identify barriers to widespread and sus- award activity.
gram; tained implementation of such innovations; and ‘‘(4) APPLICATION.—An applicant seeking
(ii) $75,730,000 is authorized to be appro- (4) make recommendations to the Foundation, funding under this subsection shall submit an
priated for the NSF Research Traineeship Pro- the Department of Education, the National application at such time, in such manner, and
gram; Science and Technology Council’s Committee on containing such information as may be required
(iii) $529,830,000 is authorized to be appro- Science, Technology, Engineering, and Mathe- by the Director. Applications that include or
priated for the Graduate Research Fellowship matics Education, State and local educational partner with a nonprofit, nongovernmental or-
Program; agencies, and other relevant stakeholders on ganization that has extensive experience and ex-
(iv) $84,000,000 is authorized to be appro- measures to address such barriers. pertise in increasing the participation of stu-
priated for the Cybercorps Scholarship for Serv- (b) SUPPORTING PREK–12 INFORMAL STEM dents in PreK–12 in STEM are encouraged. At a
ice Program; and OPPORTUNITIES.—Section 3 of the STEM Edu- minimum, the application shall include the fol-
(v) $950,000,000 is authorized to be appro- cation Act of 2015 (42 U.S.C. 1862q) is amended lowing:
priated for fellowships, traineeships, and schol- by adding at the end the following: ‘‘(A) A description of the target audience to be
arships described in section 10393; ‘‘(c) PreK–12 INFORMAL STEM.— served by the research activity or activities for
(C) $372,000,000 is authorized to be appro- ‘‘(1) IN GENERAL.—The Director of the Na- which such funding is sought.
priated for major research equipment and facili- tional Science Foundation shall make awards, ‘‘(B) A description of the process for recruit-
ties construction, of which $90,000,000 is author- through existing programs where appropriate to ment and selection of students to participate in
ized to be appropriated for the Mid-Scale Re- institutions of higher education and nonprofit such activities.
search Infrastructure Program; organizations (or consortia of such intuitions or ‘‘(C) A description of how such activity or ac-
(D) $770,000,000 is authorized to be appro- organizations) on a merit-reviewed, competitive tivities may inform programming that engages
priated for agency operations and award man- basis for research on effective approaches to en- students in PreK–12 in STEM.
agement; gaging students in PreK–12, including students ‘‘(D) A description of how such activity or ac-
(E) $5,810,000 is authorized to be appropriated from groups historically underrepresented in tivities may inform programming that promotes
for the Office of the National Science Board; STEM and rural students. student academic achievement in STEM.
and ‘‘(2) PURPOSES.—The purposes of this sub- ‘‘(E) An evaluation plan that includes, at a
(F) $34,610,000 is authorized to be appro- section are to— minimum, the use of outcome-oriented measures
priated for the Office of the Inspector General. ‘‘(A) provide effective, compelling, and engag- to determine the impact and efficacy of pro-
(e) FISCAL YEAR 2027.— ing means for teaching and reinforcing funda- gramming being researched.
(1) IN GENERAL.—There are authorized to be mental STEM concepts to PreK–12 students; ‘‘(5) EVALUATIONS.—Each recipient of an
appropriated to the Foundation $18,919,180,000 ‘‘(B) expand the STEM workforce pipeline by award under this subsection shall provide, at
for fiscal year 2027. increasing the number of youth in the United the conclusion of every year during which the
(2) SPECIFIC ALLOCATIONS.—Of the amount
States exposed to STEM from an early age and award funds are received, a report in a form
authorized under paragraph (1)—
encourage them to pursue careers in STEM-re- prescribed by the Director.
(A) $14,700,000,000 is authorized to be appro-
lated fields; and ‘‘(6) ENCOURAGE APPLICATIONS.—In making
priated to carry out research and related activi-
‘‘(C) broaden participation of groups histori- awards under this subsection, the Director shall
ties, of which—
(i) $80,000,000 is authorized to be appropriated cally underrepresented in STEM and rural stu- encourage applications which, for the purpose
for the Mid-Scale Research Infrastructure Pro- dents, in the STEM workforce. of the activity or activities funded through the
gram; and ‘‘(3) USE OF FUNDS.— award, are from or include eligible nonprofit
(ii) $4,100,000,000 is authorized to be appro- ‘‘(A) IN GENERAL.—Awards made under this programs serving students that attend elemen-
priated for the Directorate for Technology, In- subsection shall support research and develop- tary schools or secondary schools (including
novation, and Partnerships; ment on innovative before-school, after-school, high schools) that—
(B) $3,000,000,000 is authorized to be appro- out-of-school, or summer activities that are de- ‘‘(A) are implementing comprehensive support
priated for STEM education, of which— signed to encourage interest, engagement, and and improvement activities or targeted support
(i) $100,500,000 is authorized to be appro- skills development in STEM, including for stu- and improvement activities under paragraph (1)
priated for the Robert Noyce Teacher Scholar- dents from groups historically underrepresented or (2) of section 1111(d) of the Elementary and
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ship Program; in STEM and rural students. Secondary Education Act of 1965 (20 U.S.C.
(ii) $81,140,000 is authorized to be appro- ‘‘(B) PERMITTED ACTIVITIES.—The research 6311(d)); or
priated for the NSF Research Traineeship Pro- and development activities described in subpara- ‘‘(B) serve high percentages of students who
gram; graph (A) may include— are eligible for a free or reduced-price lunch
(iii) $567,680,000 is authorized to be appro- ‘‘(i) the provision of programming described in under the Richard B. Russell National School
priated for the Graduate Research Fellowship such subparagraph for the purpose of research Lunch Act (42 U.S.C. 1751 et seq.) (which, in the
Program; described in such subparagraph; case of a high school, may be calculated using
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H7312 CONGRESSIONAL RECORD — HOUSE July 28, 2022
comparable data from the schools that feed into (4) DUTIES OF THE ADMINISTRATOR.—The Ad- vance equity based on race, ethnicity, sex, socio-
the high school). ministrator shall— economic status, age, disability status, geog-
‘‘(7) ACCOUNTABILITY AND DISSEMINATION.— (A) create a process and standards for selec- raphy, and language ability;
‘‘(A) EVALUATION REQUIRED.—The Director tion of eligible applicants to become members of (C) screening, interviewing, and selecting
shall evaluate the activities established under the National STEM Teacher Corps, including— members of the National STEM Teacher Corps
this subsection. Such evaluation shall— (i) uniform selection criteria that includes— using procedures and standards provided by the
‘‘(i) use a common set of benchmarks and tools (I) deep knowledge of STEM content and ped- Administrator;
to assess the results of research conducted under agogy; (D) coordinating the online network that sup-
such awards; and (II) a passion for STEM subjects and dedica- ports all National STEM Teacher Corps members
‘‘(ii) to the extent practicable, integrate the tion to teaching, evidence of leadership skills, in the region or topic area;
findings of the research resulting from the activ- and potential for continued career growth as an (E) convening occasional meetings of National
ity or activities funded through the award with educator; and STEM Teacher Corps members in a region or
the current research on serving students with (III) demonstrated experience increasing topic area;
respect to the pursuit of degrees or careers in STEM student achievement and STEM partici- (F) creating opportunities for the professional
STEM, including underrepresented and rural pation rates for all students, particularly those growth of National STEM Teacher Corps mem-
students, in PreK–12. from rural and high-need schools; and bers, with a focus on increasing STEM student
‘‘(B) REPORT ON EVALUATIONS.—Not later (ii) a uniform selection process, including a
achievement and STEM participation rates for
than 180 days after the completion of the eval- comprehensive application that includes rec-
all students, particularly those from rural and
uation under subparagraph (A), the Director ommendations and other relevant professional
high-need schools; and
shall submit to Congress and make widely avail- information;
(G) supporting the retention and success of
able to the public a report that includes— (B) promote the National STEM Teacher
National STEM Teacher Corps members in the
‘‘(i) the results of the evaluation; and Corps and elevate best practices that emerge
region or topic area.
‘‘(ii) any recommendations for administrative from the National STEM Teacher Corps to a na-
(7) DUTIES OF MEMBERS OF THE NATIONAL
and legislative action that could optimize the ef- tional audience;
STEM TEACHER CORPS.—An applicant that is se-
fectiveness of the program under this subsection. (C) evaluate the operation and effectiveness of
lected by a Corps alliance to be a member of the
‘‘(8) COORDINATION.—In carrying out this sub- the Corps alliances; and
(D) evaluate the overall and long-term impact National STEM Teacher Corps shall—
section, the Director shall, for purposes of en- (A) serve a 4-year term with a possibility of re-
hancing program effectiveness and avoiding du- of the National STEM Teacher Corps by—
(i) documenting, monitoring, and assessing appointment;
plication of activities, consult, and coordinate (B) receive an annual stipend in an amount
with other relevant Federal agencies.’’. the program outcomes or impact on the STEM
careers of participants; and not less than $10,000; and
(c) [LOG 907 S2522] NATIONAL STEM TEACHER (C) have substantial responsibilities, includ-
CORPS PILOT.— (ii) documenting, monitoring, and assessing
the program outcomes for the STEM education ing—
(1) PURPOSE.—It is the purpose of this sub- (i) working with other members of the Na-
section to elevate the profession of STEM teach- profession nationwide, particularly for rural
and high-need schools. tional STEM Teacher Corps to develop and im-
ing by establishing a National STEM Teacher prove innovative teaching practices, including
Corps pilot program to recognize outstanding (5) NATIONAL STEM TEACHER CORPS ADVISORY
BOARD.— practices such as inquiry-based learning;
STEM teachers in our Nation’s classrooms, re- (ii) participating in professional development
(A) ESTABLISHMENT.—There is established a
wards them for their accomplishments, elevates in innovative teaching methodology and
National STEM Teacher Corps Advisory Board
their public profile, and creates rewarding ca- mentorship; and
to advise the Director on matters pertaining to
reer paths to which all STEM teachers can as- (iii) continuing to excel in teaching the mem-
the National STEM Teacher Corps for the
pire, both to prepare future STEM researchers ber’s own students, with a focus on advancing
length of the pilot program.
and to create a scientifically literate public. (B) COMPOSITION.— equity by spending additional time teaching and
(2) DEFINITIONS.—In this subsection: (i) IN GENERAL.—The membership of the Na- coaching underserved students to increase
(A) ADMINISTRATOR.—The term ‘‘Adminis- tional STEM Teacher Corps Advisory Board STEM student achievement and STEM partici-
trator’’ means the Administrator of the National shall— pation rates for students from rural and high-
STEM Teacher Corps. (I) be appointed by the Director; need schools.
(B) ELIGIBLE ENTITY.—The term ‘‘eligible enti- (II) include a representative from each of the (8) EVALUATION.—The Director, acting
ty’’ means— following: School leaders, STEM researchers, through the Administrator, shall submit a report
(i) an institution of higher education; or STEM education researchers, Business leaders, to Congress after the third year of the pilot pro-
(ii) a consortium consisting of an institution PreK–12 STEM educators, and Students pur- gram that includes—
of higher education and one or more of the fol- suing a postsecondary STEM degree; and (A) an assessment, drawing on the evalua-
lowing: (III) be geographically diverse. tions the Administrator shall conduct under
(I) A State educational agency (as defined in (ii) EXISTING COMMITTEE.—The Director may subparagraphs (C) and (D) of paragraph (4),
section 8101 of the Elementary and Secondary assign the duties of the National STEM Teacher and other sources of information, of the effec-
Education Act of 1965 (20 U.S.C. 7801)). Corps Advisory Board to another advisory com- tiveness of the pilot program in recruiting and
(II) A local educational agency (as defined in mittee of the Foundation. retaining high-quality STEM teachers in the se-
section 8101 of the Elementary and Secondary (6) DUTIES OF THE CORPS ALLIANCES.—Subject lected regions or topic areas, particularly in
Education Act of 1965 (20 U.S.C. 7801)). to the availability of appropriated funds, the
(III) An education nonprofit Association. high-need and rural schools; and
Administrator may make awards on a competi- (B) if deemed effective, a proposal to Congress
(IV) A cross sector STEM organization. tive, merit-review basis, to establish Corps alli-
(V) A private entity, including a STEM-re- for permanent implementation of the pilot pro-
ances at eligible entities. Activities carried out gram.
lated business. by such alliances shall include—
(C) HIGH-NEED SCHOOL.—The term ‘‘high-need (9) SUNSET.—The authority to carry out this
(A) engaging local partners, which may in- subsection shall terminate on the date that is 15
school’’ has the meaning given the term in sec- clude local educational agencies, institutions of
tion 2211(b) of the Elementary and Secondary years after the date of enactment of this Act.
higher education, STEM organizations, or edu- (10) AUTHORIZATION OF APPROPRIATIONS.—
Education Act of 1965 (20 U.S.C. 6631(b)). cation nonprofit organizations, to—
(D) PROFESSIONAL DEVELOPMENT.—The term There are authorized to be appropriated
(i) develop and serve the community of Na- $60,000,000 for each of fiscal years 2023 through
‘‘professional Development’’ has the meaning tional STEM Teacher Corps members within the
given the term in section 8101 of the Elementary 2032 to carry out this subsection.
region or topic area, in coordination with local
and Secondary Education Act of 1965 (20 U.S.C. SEC. 10312. UNDERGRADUATE STEM EDUCATION.
partners to carry out day-to-day activities;
7801). (ii) coordinate professional development ac- (a) RESEARCH ON STEM EDUCATION AND WORK-
(E) CORPS ALLIANCE.—The term ‘‘Corps Alli- tivities, including activities led by National FORCE NEEDS.—The Director shall make awards,
ance’’ means a regionally or topically based STEM Teacher Corps members; on a competitive basis, to four-year institutions
award under this subsection. (iii) connect National STEM Teacher Corps of higher education or nonprofit organizations
(F) NATIONAL STEM TEACHER CORPS ADVISORY members with existing educator professional de- (or consortia of such institutions or organiza-
BOARD.—The term ‘‘National STEM Teacher velopment programs and coordinate members’ tions) to support research and development ac-
Corps Advisory Board’’ means the Advisory involvement as cooperating teachers or mentors; tivities to—
Board for the National STEM Teacher Corps es- (iv) seek opportunities to involve teachers who (1) encourage greater collaboration and co-
tablished under paragraph (5). are not members of the National STEM Teacher ordination between institutions of higher edu-
(3) ESTABLISHMENT OF NATIONAL STEM TEACH- Corps to participate in National STEM Teacher cation and industry to enhance education, fos-
ER CORPS.—The Director may, subject to the Corps activities; and ter hands-on learn experiences, and improve
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availability of appropriations, establish within (v) build partnerships with existing education alignment with workforce needs;
the Foundation, a National STEM Teacher organizations and other efforts by State edu- (2) understand the current composition of the
Corps 10-year pilot program to be administered cational agencies and local educational agencies STEM workforce and the factors that influence
by the Administrator, who shall be appointed by that operate programs relevant to the National growth, retention, and development of that
the Director. As appropriate, the Director may STEM Teacher Corps and its activities; workforce;
use existing NSF programs to establish and exe- (B) recruiting eligible applicants, with a focus (3) increase the size, diversity, capability, and
cute this program. on recruiting diverse STEM educators to ad- flexibility of the STEM workforce; and
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7313
(4) increase dissemination and widespread (2) PRIORITY.—In making awards under this (iii) in paragraph (5), by striking ‘‘scientific
adoption of effective practices in undergraduate subsection, the Director shall give priority to in- and technical education and training’’ and in-
education and workforce development. stitutions that demonstrate effective strategies serting ‘‘STEM education and training’’; and
(b) ADVANCED TECHNOLOGICAL EDUCATION to recruit and provide career and technical edu- (B) in subsection (b)—
PROGRAM UPDATE.—Section 3(b) of the Sci- cation to veterans and members of the Armed (i) in paragraph (2), by striking ‘‘mathematics
entific and Advanced-Technology Act of 1992 (42 Forces transitioning to the private sector work- and science’’ and inserting ‘‘STEM fields’’; and
U.S.C. 1862i(b)) is amended to read as follows: force. (ii) in paragraph (4), by striking ‘‘mathe-
‘‘(b) CENTERS OF SCIENTIFIC AND TECHNICAL (3) CAREER AND TECHNICAL EDUCATION DE- matics and science instruction’’ and inserting
EDUCATION.— FINED.—In this subsection, the term ‘‘career and ‘‘STEM instruction’’.
‘‘(1) IN GENERAL.—The Director shall make technical education’’ has the meaning given (2) MODERNIZING REFERENCES TO STEM.—Sec-
awards for the establishment of centers of excel- that term in section 3 of the Carl D. Perkins Ca- tion 3 of the Scientific and Advanced-Tech-
lence, in advanced-technology fields, among as- reer and Technical Education Act of 2006 (20 nology Act of 1992 (42 U.S.C. 1862i) is amended—
sociate-degree-granting colleges. Centers shall U.S.C. 2302). (A) in the section heading, by striking ‘‘SCI-
meet one or both of the following criteria: (e) COURSE-BASED UNDERGRADUATE RESEARCH ENTIFIC AND TECHNICAL EDUCATION’’ and insert-
‘‘(A) Exceptional instructional programs in EXPERIENCES.— ing ‘‘STEM EDUCATION’’;
advanced-technology fields. (1) IN GENERAL.—The Director shall carry out (B) in subsection (a)—
‘‘(B) Excellence in undergraduate STEM edu- a 4-year pilot program under which the Director (i) in the subsection heading, by striking ‘‘SCI-
cation. shall make awards, on a competitive basis, to in- ENTIFIC AND TECHNICAL EDUCATION’’ and insert-
‘‘(2) PURPOSES.—The centers shall serve as stitutions of higher education and nonprofit or- ing ‘‘STEM EDUCATION’’;
national and regional clearinghouses and mod- ganizations (or consortia of such institutions or (ii) in the matter preceding paragraph (1)—
els for the benefit of both colleges and secondary organizations) to establish a total of not fewer (I) by inserting ‘‘and education to prepare the
schools, and shall provide seminars and pro- than five Centers to develop and scale up suc- skilled technical workforce to meet workforce
grams to disseminate model curricula and model cessful models for providing undergraduate stu- demands’’ before ‘‘, and to improve’’;
teaching methods and instructional materials to dents with hands-on, course-based research ex- (II) by striking ‘‘core education courses in
other associate-degree-granting colleges. periences. science and mathematics’’ and inserting ‘‘core
‘‘(3) NETWORKS.—The centers may enter into (2) USE OF FUNDS.—Awards made under this education courses in STEM fields’’;
partnerships with other institutions of higher paragraph shall be used to— (III) by inserting ‘‘veterans and individuals
education, nonprofit organizations, and stake- (A) develop, assess, and disseminate models engaged in’’ before ‘‘work in the home’’; and
holder groups, or a consortium thereof, to de- for providing undergraduate students with (IV) by inserting ‘‘and on building a pathway
velop networks to— course-based research experiences across STEM from secondary schools to associate-degree-
‘‘(A) coordinate research, training, and edu- disciplines and education levels; granting institutions, to careers that require
cation activities funded by awards under sub- (B) identify and address opportunities and technical training’’ before ‘‘, and shall be de-
section (a); challenges in facilitating implementation across signed’’;
‘‘(B) share information and best practices; or a broad range of institution types, including (iii) in paragraph (1)—
‘‘(C) promote collaboration between academic historically Black colleges and universities, (I) by inserting ‘‘and study’’ after ‘‘develop-
institutions, workforce development programs, Tribal Colleges or Universities, minority serving ment’’; and
labor organizations, and industry to commu- institutions and community colleges; (II) by striking ‘‘core science and mathematics
nicate and meet workforce education and train- (C) identify and develop best practices to ad- courses’’ and inserting ‘‘core STEM courses’’;
ing needs.’’. dress barriers for faculty, including institutional (iv) in paragraph (2), by striking ‘‘science,
(c) INNOVATIONS IN STEM EDUCATION AT COM- culture, resources, and incentive structures; mathematics, and advanced-technology fields’’
MUNITY COLLEGES.—
(D) identify and address factors that may fa- and inserting ‘‘STEM and advanced- technology
(1) IN GENERAL.—The Director shall make cilitate or discourage participation by students fields’’;
awards on a merit-reviewed, competitive basis to from all backgrounds; (v) in paragraph (3)(A), by inserting ‘‘to sup-
institutions of higher education or nonprofit or- (E) provide faculty with curriculum, profes-
port the advanced- technology industries that
ganizations (or consortia of such institutions or sional development, training, networking oppor-
drive the competitiveness of the United States in
organizations) to advance research on the na- tunities, and other support to enable the devel-
the global economy’’ before the semicolon at the
ture of learning and teaching at community col- opment, adaptation, or expansion of a course-
end;
leges and to improve outcomes for students who based research experience; and (vi) in paragraph (4), by striking ‘‘scientific
(F) collect data and carry out research to
enter the workforce upon completion of their and advanced- technology fields’’ and inserting
evaluate the impacts of course- based under-
STEM degree or credential or transfer to 4-year ‘‘STEM and advanced-technology fields’’; and
graduate research experiences on the STEM
institutions, including by— (vii) in paragraph (5), by striking ‘‘advanced
workforce.
(A) examining how to scale up successful pro- scientific and technical education’’ and insert-
(3) PARTNERSHIPS.—In making awards under
grams at community colleges that are improving this paragraph, the Director shall consider the ing ‘‘advanced STEM and advanced- tech-
student outcomes in foundational STEM extent to which the proposed Center will estab- nology’’;
courses; (C) in subsection (c)—
lish partnerships among multiple types of aca-
(B) supporting research on effective STEM (i) in paragraph (1)—
demic institutions, including community col-
teaching practices in community college set- (I) in subparagraph (A)—
leges, emerging research institutions, EPSCoR
tings; (aa) in the matter preceding clause (i), by
institutions, historically Black colleges and uni-
(C) designing and developing new STEM cur- striking ‘‘to encourage’’ and all that follows
versities, Tribal Colleges or Universities, and mi-
ricula; through ‘‘such means as—’’ and inserting ‘‘to
nority-serving institutions, the private sector,
(D) providing STEM students with hands-on encourage the development of career and edu-
and other relevant stakeholders in supporting
training and research experiences, internships, cational pathways with multiple entry and exit
programs and activities to facilitate faculty
and other experiential learning opportunities; points leading to credentials and degrees, and to
training and the widespread and sustained im-
(E) increasing access to high quality STEM assist students pursuing pathways in STEM
plementation of promising, evidence-based prac-
education through new technologies; fields to transition from associate-degree-grant-
(F) re-skilling or up-skilling incumbent work- tices, models, programs, and curriculum.
(4) REPORT.—Not later than 180 days after the ing colleges to bachelor- degree-granting institu-
ers for new STEM jobs; tions, through such means as—’’;
date on which the pilot program is completed,
(G) building STEM career and seamless trans- (bb) in clause (i), by striking ‘‘to ensure’’ and
the Director shall submit to Congress a report
fer pathways; and inserting ‘‘to develop articulation agreements
that includes—
(H) developing novel mechanisms to identify that ensure’’; and
(A) an assessment, that includes feedback
and recruit talent into STEM programs, in par- (cc) in clause (ii), by striking ‘‘courses at the
from the research community, of the effective-
ticular talent from groups historically underrep- bachelor-degree-granting institution’’ and in-
ness of the pilot program in increasing the num-
resented in STEM. serting ‘‘the career and educational pathways
ber, diversity, and workforce readiness of STEM
(2) PARTNERSHIPS.—In carrying out activities supported by the articulation agreements’’;
graduates; and
under this subsection, the Director shall encour- (B) if determined to be effective, a plan for (II) in subparagraph (B)—
age applications to develop, enhance, or expand permanent implementation of the pilot program. (aa) in clause (i), by inserting ‘‘veterans and
cooperative STEM education and training part- (f) ADVANCED TECHNOLOGICAL MANUFAC- individuals engaged in’’ before ‘‘work in the
nerships between institutions of higher edu- TURING ACT.— home’’;
cation, industry, and labor organizations. (1) FINDINGS AND PURPOSE.—Section 2 of the (bb) in clause (iii)—
(d) IMPROVING ACCESS TO STEM EDUCATION Scientific and Advanced-Technology Act of 1992 (AA) by striking ‘‘bachelor’s-degree- granting
AT CAREER AND TECHNICAL EDUCATION INSTITU- (42 U.S.C. 1862h) is amended— institutions’’ and inserting ‘‘institutions or work
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TIONS.— (A) in subsection (a)— sites’’; and
(1) IN GENERAL.—The Director shall make (i) in paragraph (3), by striking ‘‘science, (BB) by inserting ‘‘or industry internships’’
awards, on a competitive basis, to institutions of mathematics, and technology’’ and inserting after ‘‘summer programs’’; and
higher education (including postsecondary vo- ‘‘science, technology, engineering, and mathe- (cc) by striking the flush text following clause
cational institutions) to support career and matics or STEM’’; (iv); and
technical education in STEM and computer (ii) in paragraph (4), by inserting ‘‘educated’’ (III) by striking subparagraph (C);
science related fields. and before ‘‘trained’’; and (ii) in paragraph (2)—
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H7314 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(I) by striking ‘‘mathematics and science pro- ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (ii) student debt load;
grams’’ and inserting ‘‘STEM programs’’; ‘‘There are authorized to be appropriated to (C) the development and assessment of new or
(II) by inserting ‘‘and, as appropriate, elemen- the Director for carrying out sections 2 through adapted interventions, including approaches
tary schools,’’ after ‘‘with secondary schools’’; 4 $150,000,000 for each of fiscal years 2023 that improve mentoring relationships, develop
(III) by striking ‘‘mathematics and science through 2027.’’. conflict management skills, and promote healthy
education’’ and inserting ‘‘STEM education’’; SEC. 10313. GRADUATE STEM EDUCATION. research teams; and
(IV) by striking ‘‘secondary school students’’ (a) MENTORING AND PROFESSIONAL DEVELOP- (D) research, data collection, and assessment
and inserting ‘‘students at these schools’’; MENT.— of the state of graduate student mental health
(V) by striking ‘‘science and advanced-tech- (1) MENTORING PLANS.— and wellbeing, factors contributing to and con-
nology fields’’ and inserting ‘‘STEM and ad- (A) UPDATE.—Section 7008(a) of the America sequences of poor graduate student mental
vanced-technology fields’’; and Creating Opportunities to Meaningfully Pro- health, and the development, adaptation, and
(VI) by striking ‘‘agreements with local edu- mote Excellence in Technology, Education, and assessment of evidence-based strategies and poli-
cational agencies’’ and inserting ‘‘articulation Science Act (42 U.S.C. 1862o(a)) is amended by— cies to support emotional wellbeing and mental
agreements or dual credit courses with local sec- (i) inserting ‘‘and graduate student’’ after health.
ondary schools, or other means as the Director ‘‘postdoctoral’’; and (b) GRADUATE RESEARCH FELLOWSHIP PRO-
determines appropriate,’’; and (ii) inserting ‘‘The requirement may be satis- GRAM UPDATE.—
(iii) in paragraph (3)— fied by providing such individuals with access (1) SENSE OF CONGRESS.—It is the sense of
(I) by striking subparagraph (B); to mentors, including individuals not listed on Congress that the Foundation should increase
(II) by striking ‘‘shall—’’and all that follows the award.’’ after ‘‘review criterion.’’. the number of new graduate research fellows
through ‘‘establish a’’ and inserting ‘‘shall es- (B) EVALUATION.—Not later than 120 days supported annually over the next 5 years to no
tablish a’’; after the date of enactment of this Act, the Di- fewer than 3,000 fellows.
(III) by striking ‘‘the fields of science, tech- rector shall enter into an agreement with a (2) PROGRAM UPDATE.—Section 10 of the Na-
nology, engineering, and mathematics’’ and in- qualified independent organization to evaluate tional Science Foundation Act of 1950 (42 U.S.C.
serting ‘‘STEM fields’’; and the effectiveness of the postdoctoral mentoring 1869) is amended—
(IV) by striking ‘‘; and’’ and inserting ‘‘, in- plan requirement for improving mentoring for (A) in subsection (a), by inserting ‘‘and as
cluding jobs at Federal and academic labora- Foundation-supported postdoctoral researchers. will address national workforce demand in crit-
tories.’’; (2) CAREER EXPLORATION.— ical STEM fields’’ after ‘‘throughout the United
(D) in subsection (d)(2)— (A) IN GENERAL.—The Director shall make States’’;
(i) in subparagraph (D), by striking ‘‘and’’ awards, on a competitive basis, to institutions of (B) in subsection (b), by striking ‘‘of $12,000’’
after the semicolon; higher education and nonprofit organizations and inserting ‘‘of at least $16,000’’; and
(ii) in subparagraph (E), by striking the pe- (C) by adding at the end the following:
(or consortia of such institutions or organiza- ‘‘(c) OUTREACH.—The Director shall ensure
riod at the end and inserting a ‘‘; and’’; and tions) to develop innovative approaches for fa-
(iii) by adding at the end the following: program outreach to recruit fellowship appli-
cilitating career exploration of academic and cants from fields of study that are in areas of
‘‘(F) as appropriate, applications that apply
nonacademic career options and for providing critical national need from all regions of the
the best practices for STEM education and tech-
opportunity-broadening experiences, including country, and from historically underrepresented
nical skills education through distance learning
work-integrated opportunities, for graduate stu- populations in STEM.’’.
or in a simulated work environment, as deter-
dents and postdoctoral scholars that can then (3) CYBERSECURITY SCHOLARSHIPS AND GRAD-
mined by research described in subsection (f);
be considered, adopted, or adapted by other in- UATE FELLOWSHIPS.—The Director shall ensure
and’’;
stitutions and to carry out research on the im- that students pursuing master’s degrees and
(E) in subsection (g), by striking the second
pact and outcomes of such activities. doctoral degrees in fields relating to cybersecu-
sentence;
(B) REVIEW OF PROPOSALS.—In selecting rity are eligible to apply for scholarships and
(F) in subsection (h)(1)—
award recipients under this subparagraph, the graduate fellowships under the Graduate Re-
(i) in subparagraph (A), by striking ‘‘2022’’
Director shall consider, at a minimum— search Fellowship Program under section 10 of
and inserting ‘‘2026’’;
(i) the extent to which the administrators of the National Science Foundation Act of 1950 (42
(ii) in subparagraph (B), by striking ‘‘2022’’
the institution are committed to making the pro- U.S.C. 1869).
and inserting ‘‘2026’’; and
(iii) in subparagraph (C)— posed activity a priority; and (c) STUDY ON GRADUATE STUDENT FUNDING.—
(I) by striking ‘‘up to $2,500,000’’ and insert- (ii) the likelihood that the institution or orga- (1) IN GENERAL.—Not later than 120 days after
ing ‘‘not less than $3,000,000’’; and nization will sustain or expand the proposed ac- the date of enactment of this Act, the Director
(II) by striking ‘‘2022’’ and inserting ‘‘2026’’; tivity effort beyond the period of the award. shall enter into an agreement with a qualified
(G) in subsection (i)— (3) DEVELOPMENT PLANS.—The Director shall independent organization to evaluate—
(i) by striking paragraph (3); and require that annual project reports for awards (A) the role of the Foundation in supporting
(ii) by redesignating paragraphs (4) and (5) as that support graduate students and postdoctoral graduate student education and training
paragraphs (3) and (4), respectively; and scholars include certification by the principal through fellowships, traineeships, and other
(H) in subsection (j)— investigator that each graduate student and funding models; and
(i) by striking paragraph (1) and inserting the postdoctoral scholar receiving substantial sup- (B) the impact of different funding mecha-
following: port from such award, as determined by has de- nisms on graduate student experiences and out-
‘‘(1) the term advanced-technology includes veloped and annually updated an individual de- comes, including whether such mechanisms have
technological fields such as advanced manufac- velopment plan to map educational goals, career differential impacts on subsets of the student
turing, agricultural-, biological- and chemical- exploration, and professional development. population.
technologies, energy and environmental tech- (4) PROFESSIONAL DEVELOPMENT SUPPLE- (2) REPORT.—Not later than 1 year after the
nologies, engineering technologies, information MENT.—The Director shall carry out a five-year date of enactment of this Act, the Director shall
technologies, micro and nano-technologies, cy- pilot initiative to award up to 2,500 administra- publish the results of the evaluation carried out
bersecurity technologies, geospatial tech- tive supplements of up to $2,000 to existing re- under paragraph (1), including a recommenda-
nologies, and new, emerging technology areas;’’; search awards annually, on a competitive basis, tion for the appropriate balance between fellow-
(ii) in paragraph (4), by striking ‘‘separate to support professional development experiences ships, traineeships, and other funding models.
bachelor-degree- granting institutions’’ and in- for graduate students and postdoctoral re- (d) [LOG 165 H10304(G)/S2208] AI SCHOLAR-
serting ‘‘other entities’’; searchers who receive a substantial portion of SHIP-FOR-SERVICE.—
(iii) by striking paragraph (7); their support under such award, as determined (1) DEFINITION OF EXECUTIVE AGENCY.—In this
(iv) by redesignating paragraphs (8) and (9) as by the Director. Not more than 10 percent of subsection, the term ‘‘executive agency’’ has the
paragraphs (7) and (8), respectively; supplements awarded under this subparagraph meaning given the term ‘‘Executive agency’’ in
(v) in paragraph (7), as redesignated by clause may be used to support professional develop- section 105 of title 5, United States Code.
(iv), by striking ‘‘and’’ after the semicolon; ment experiences for postdoctoral researchers. (2) AI SCHOLARSHIP-FOR-SERVICE INITIATIVE
(vi) in paragraph (8), as redesignated by (5) GRADUATE EDUCATION RESEARCH.—The Di- REPORT.—Not later than 1 year after the date of
clause (iv)— rector shall make awards, on a competitive enactment of this Act, the Director, in coordina-
(I) by striking ‘‘mathematics, science, engi- basis, to institutions of higher education or non- tion with the Office of Personnel Management,
neering, or technology’’ and inserting ‘‘science, profit organizations (or consortia of such insti- shall submit to the Committee on Commerce,
technology, engineering, or mathematics’’; and tutions or organizations) to support research on Science, and Transportation of the Senate, the
(II) by striking the period at the end and in- the graduate education system and outcomes of Committee on Science, Space, and Technology of
serting ‘‘; and’’; and various interventions and policies, including— the House of Representatives, the Committee on
(vii) by adding at the end the following: (A) the effects of traineeships, fellowships, in- Homeland Security and Governmental Affairs of
‘‘(9) the term skilled technical workforce has ternships, and teaching and research the Senate, and the Committee on Oversight and
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the meaning given such term in section 4(b) of assistantships on outcomes for graduate stu- Reform of the House of Representatives a report
the Innovations in Mentoring, Training, and dents; on the need and feasibility, and if appropriate,
Apprenticeships Act (42 U.S.C. 1862p).’’. (B) the effects of graduate education and plans to implement a program to recruit and
(3) AUTHORIZATION OF APPROPRIATIONS.—Sec- mentoring policies and procedures on degree train the next generation of artificial intel-
tion 5 of the Scientific and Advanced-Tech- completion, including differences by— ligence professionals to meet the needs of Fed-
nology Act of 1992 (42 U.S.C. 1862j) is amended (i) sex, race and ethnicity, and citizenship; eral, State, local, and Tribal governments. The
to read as follows: and report shall include—
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7315
(A) recent statistical data on the size, com- covers the student’s tuition and fees at the insti- (11) MONITORING COMPLIANCE.—As a condi-
position, and educational requirements of the tution for not more than 3 years and provides tion of participating in the program, a qualified
Federal AI workforce, including an assessment the student with an additional stipend. institution of higher education shall—
of current and future demand for additional AI (7) POST-AWARD EMPLOYMENT OBLIGATIONS.— (A) enter into an agreement with the Director
professionals across the Federal Government; Each scholarship recipient, as a condition of re- to monitor the compliance of scholarship recipi-
(B) an assessment of the capacity of institu- ceiving a scholarship under the program, shall ents with respect to their post-award employ-
tions of higher education to produce graduates enter into an agreement under which the recipi- ment obligations; and
with degrees, certifications, and relevant skills ent agrees to work for a period equal to the (B) provide to the Director, on an annual
related to artificial intelligence that meet the length of the scholarship, following receipt of basis, the post-award employment documenta-
current and future needs of the Federal work- the student’s degree, in the AI mission of— tion required under paragraph (10) for scholar-
force; and (A) an executive agency; ship recipients through the completion of their
(C) an evaluation of the need for and feasi- (B) Congress, including any agency, entity, post-award employment obligations.
bility of establishing a scholarship-for-service office, or commission established in the legisla- (12) AMOUNT OF REPAYMENT.—
program to recruit and train the next generation tive branch; (A) LESS THAN 1 YEAR OF SERVICE.—If a cir-
of artificial intelligence professionals to meet the (C) an interstate agency; cumstance described in paragraph (10) occurs
needs of Federal, State, local, and Tribal gov- (D) a State, local, or Tribal government, before the completion of 1 year of a post-award
ernments, including opportunities for leveraging which may include instruction in AI-related employment obligation under this section, the
existing processes and resources for admin- skill sets in a public school system; or total amount of scholarship awards received by
istering the Federal Cyber Scholarship-for-Serv- (E) a State, local, or Tribal government-affili- the individual under this section shall—
ice Program established under section 302 of the ated nonprofit entity that is considered to be (i) be repaid; or
Cybersecurity Enhancement Act of 2014 (15 critical infrastructure (as defined in section (ii) be treated as a loan to be repaid in accord-
U.S.C. 7442) in standing up such a program. 1016(e) of the USA Patriot Act (42 U.S.C. ance with paragraph (13).
(3) PROGRAM ESTABLISHMENT.—Upon submit- 5195c(e))). (B) 1 OR MORE YEARS OF SERVICE.—If a cir-
ting the report required in paragraph (2), the (8) HIRING AUTHORITY.— cumstance described in clause (iv) or (v) of
Director, in coordination with the Director of (A) APPOINTMENT IN EXCEPTED SERVICE.—Not- paragraph (10)(B) occurs after the completion of
the Office of Personnel Management, the Direc- withstanding any provision of chapter 33 of title 1 or more years of a post-award employment ob-
tor of the National Institute of Standards and 5, United States Code, governing appointments ligation under this section, the total amount of
Technology, and the heads of other agencies in the competitive service, an executive agency scholarship awards received by the individual
with appropriate scientific knowledge, is au- may appoint an individual who has completed under this section, reduced by the ratio of the
thorized to establish a Federal artificial intel- the eligible degree program for which a scholar- number of years of service completed divided by
ligence scholarship-for-service program (referred ship was awarded to a position in the excepted the number of years of service required, shall—
to in this section as the Federal AI Scholarship- service in the executive agency. (i) be repaid; or
for-Service Program) to recruit and train artifi- (B) NONCOMPETITIVE CONVERSION.—Except as (ii) be treated as a loan to be repaid in accord-
cial intelligence professionals to lead and sup- provided in subparagraph (D), upon fulfillment ance with paragraph (13).
port the application of artificial intelligence to of the service term, an employee appointed (13) REPAYMENTS.—A loan described in para-
the missions of Federal, State, local, and Tribal under subparagraph (A) may be converted non- graph (12) shall—
governments. competitively to term, career-conditional, or ca- (A) be treated as a Federal Direct Unsub-
(4) QUALIFIED INSTITUTION OF HIGHER EDU- reer appointment. sidized Stafford Loan under part D of title IV of
CATION.—The Director, in coordination with the (C) TIMING OF CONVERSION.—An executive the Higher Education Act of 1965 (20 U.S.C.
heads of other agencies with appropriate sci- agency may noncompetitively convert a term 1087a et seq.); and
entific knowledge, shall establish criteria to des- employee appointed under subparagraph (B) to (B) be subject to repayment, together with in-
ignate qualified institutions of higher education a career-conditional or career appointment be- terest thereon accruing from the date of the
that shall be eligible to participate in the Fed- fore the term appointment expires. scholarship award, in accordance with terms
eral AI Scholarship-for-Service program. Such (D) AUTHORITY TO DECLINE CONVERSION.—An and conditions specified by the Director (in con-
criteria shall include— executive agency may decline to make the non- sultation with the Secretary of Education).
(A) measures of the institution’s demonstrated competitive conversion or appointment under (14) COLLECTION OF REPAYMENT.—
excellence in the education of students in the subparagraph (B) for cause. (A) IN GENERAL.—In the event that a scholar-
field of artificial intelligence; and (9) ELIGIBILITY.—To be eligible to receive a ship recipient is required to repay the scholar-
(B) measures of the institution’s ability to at- ship award under this section, the qualified in-
scholarship under this section, an individual
tract and retain a diverse and nontraditional stitution of higher education providing the
shall—
student population in the fields of science, tech- scholarship shall—
(A) be a citizen or lawful permanent resident
nology, engineering, and mathematics, which (i) determine the repayment amounts and no-
of the United States;
may include the ability to attract women, mi- (B) demonstrate a commitment to a career in tify the recipient and the Director of the
norities, and individuals with disabilities. advancing the field of AI; amounts owed; and
(5) PROGRAM DESCRIPTION AND COMPONENTS.— (ii) collect the repayment amounts within a
(C) be—
The Federal AI Scholarship-for-Service Program period of time as determined by the Director, or
(i) a full-time student in an eligible degree
shall— the repayment amounts shall be treated as a
(A) provide scholarships through qualified in- program at a qualified institution of higher edu-
cation, as determined by the Director; loan in accordance with paragraph (13).
stitutions of higher education to students who (B) RETURNED TO TREASURY.—Except as pro-
(ii) a student pursuing a degree on a less than
are enrolled in programs of study at institutions vided in subparagraph (C), any repayment
full-time basis, but not less than half-time basis;
of higher education leading to degrees or con- under this subsection shall be returned to the
or
centrations in or related to the artificial intel- Treasury of the United States.
(iii) an AI faculty member on sabbatical to ad-
ligence field; (C) RETAIN PERCENTAGE.—A qualified institu-
(B) provide the scholarship recipients with vance knowledge in the field; and
(D) accept the terms of a scholarship under tion of higher education may retain a percent-
summer internship opportunities or other mean-
this section. age of any repayment the institution collects
ingful temporary appointments in the Federal
(10) CONDITIONS OF SUPPORT.— under this subsection to defray administrative
workforce focusing on AI projects or research;
(C) prioritize the employment placement of (A) IN GENERAL.—As a condition of receiving costs associated with the collection. The Direc-
scholarship recipients in executive agencies; a scholarship under this section, a recipient tor shall establish a fixed percentage that will
(D) identify opportunities to promote multi- shall agree to provide the qualified institution of apply to all eligible entities, and may update
disciplinary programs of study that integrate higher education with annual verifiable docu- this percentage as needed, in the determination
basic or advanced AI training with other fields mentation of post-award employment and up-to- of the Director.
of study, including those that address the so- date contact information. (15) EXCEPTIONS.—The Director may provide
cial, economic, legal, and ethical implications of (B) TERMS.—A scholarship recipient under for the partial or total waiver or suspension of
human interaction with AI systems; this section shall be liable to the United States any service or payment obligation by an indi-
(E) support capacity-building education re- as provided in paragraph (12) if the individual— vidual under this section whenever compliance
search programs that will enable postsecondary (i) fails to maintain an acceptable level of by the individual with the obligation is impos-
educational institutions to expand their ability academic standing at the applicable institution sible or would involve extreme hardship to the
to train the next-generation AI workforce, in- of higher education, as determined by the Direc- individual, or if enforcement of such obligation
cluding AI researchers and practitioners; tor; with respect to the individual would be uncon-
(F) create courses or training programs in (ii) is dismissed from the applicable institution scionable.
technology ethics for students receiving scholar- of higher education for disciplinary reasons; (16) PUBLIC INFORMATION.—
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ships; and (iii) withdraws from the eligible degree pro- (A) EVALUATION.—The Director, in coordina-
(G) award fellowships to masters and doctoral gram before completing the program; tion with the Director of the Office of Personnel
students who are pursuing degrees or research (iv) declares that the individual does not in- Management, shall annually evaluate and make
in artificial intelligence and related fields, in- tend to fulfill the post- award employment obli- public, in a manner that protects the personally
cluding in the field of technology ethics. gation under this section; or identifiable information of scholarship recipi-
(6) SCHOLARSHIP AMOUNTS.—Each scholarship (v) fails to fulfill the post-award employment ents, information on the success of recruiting in-
under paragraph (5) shall be in an amount that obligation of the individual under this section. dividuals for scholarships under this section
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H7316 CONGRESSIONAL RECORD — HOUSE July 28, 2022
and on hiring and retaining those individuals in (E) any other topics at the discretion of the at the end and inserting the following ‘‘and cy-
the public sector AI workforce, including infor- Director. bersecurity-related aspects of other related fields
mation on— (3) LONGITUDINAL DESIGN.—The Director shall as appropriate, including artificial intelligence,
(i) placement rates; continue and accelerate efforts to enhance the quantum computing and aerospace;’’.
(ii) where students are placed, including job usefulness of National Center for Science and SEC. 10317. CYBERSECURITY WORKFORCE DATA
titles and descriptions; Engineering Statistics survey data for longitu- INITIATIVE.
(iii) salary ranges for students not released dinal research and analysis. The Director, acting through the National
from obligations under this section; (4) GOVERNMENT ACCOUNTABILITY OFFICE RE- Center for Science and Engineering Statistics es-
(iv) how long after graduation students are VIEW.—Not later than 1 year after the date of tablished in section 505 of the America COM-
placed; enactment of this Act, the Comptroller General PETES Reauthorization Act of 2010 (42 U.S.C.
(v) how long students stay in the positions of the United States shall submit a report to 1862p) and in coordination with the Director of
they enter upon graduation; Congress that— the National Institute of Standards and Tech-
(vi) how many students are released from obli- (A) evaluates Foundation processes for ensur- nology and other appropriate Federal statistical
gations; and ing the data and analysis produced by the Na- agencies, shall establish a cybersecurity work-
(vii) what, if any, remedial training is re- tional Center for Science and Engineering Sta- force data initiative that—
quired. tistics meets current and future needs; and (1) assesses the feasibility of providing nation-
(B) REPORTS.—The Director, in coordination (B) includes such recommendations as the ally representative estimates and statistical in-
with the Office of Personnel Management, shall Comptroller General determines are appropriate formation on the cybersecurity workforce;
(2) utilizes the National Initiative for Cyberse-
submit, not less frequently than once every 3 to improve such processes.
curity Education (NICE) Cybersecurity Work-
years, to the Committee on Homeland Security SEC. 10315. CYBER WORKFORCE DEVELOPMENT
force Framework (NIST Special Publication 800–
and Governmental Affairs of the Senate, the RESEARCH AND DEVELOPMENT.
181), or other frameworks, as appropriate, to en-
Committee on Commerce, Science, and Transpor- (a) IN GENERAL.—The Director shall make able a consistent measurement of the cybersecu-
tation of the Senate, the Committee on Science, awards on a merit-reviewed, competitive basis to rity workforce;
Space, and Technology of the House of Rep- institutions of higher education or nonprofit or- (3) utilizes and complements existing data on
resentatives, and the Committee on Oversight ganizations (or consortia of such institutions or employer requirements and unfilled positions in
and Reform of the House of Representatives a organizations) to carry out research on the the cybersecurity workforce;
report, including the results of the evaluation cyber workforce. (4) consults key stakeholders and the broader
under subparagraph (A) and any recent statis- (b) RESEARCH.—In carrying out research pur- community of practice in cybersecurity work-
tics regarding the size, composition, and edu- suant to subsection (a), the Director shall sup- force development to determine data require-
cational requirements of the Federal AI work- port research and development activities to— ments needed to strengthen the cybersecurity
force. (1) understand the current state of the cyber workforce;
(C) RESOURCES.—The Director, in coordina- workforce, including factors that influence (5) evaluates existing Federal survey data for
tion with the Director of the Office of Personnel growth, retention, and development of that information pertinent to developing national es-
Management, shall provide consolidated and workforce; timates of the cybersecurity workforce;
user-friendly online resources for prospective (2) examine paths to entry and re-entry into (6) evaluates administrative data and other
scholarship recipients, including, to the extent the cyber workforce; supplementary data sources, as available, to de-
practicable— (3) understand trends of the cyber workforce, scribe and measure the cybersecurity workforce;
(i) searchable, up-to-date, and accurate infor- including demographic representation, edu- and
mation about participating institutions of high- cational and professional backgrounds present, (7) collects statistical data, to the greatest ex-
er education and job opportunities related to the competencies available, and factors that shape tent practicable, on credential attainment and
AI field; and employee recruitment, development, and reten- employment outcomes information for the cyber-
(ii) a modernized description of AI careers. tion and how to increase the size, diversity, and security workforce.
(17) REFRESH.—Not less than once every 2 capability of the cyber workforce; SEC. 10318. MICROELECTRONICS WORKFORCE DE-
years, the Director, in coordination with the Di- (4) examine and evaluate training practices, VELOPMENT ACTIVITIES.
rector of the Office of Personnel Management, models, programs, and technologies; and (a) CREATING HELPFUL INITIATIVES TO
shall review and update the Federal AI Scholar- (5) other closely related topics as the Director PRODUCE PERSONNEL IN NEEDED GROWTH INDUS-
ship-for-Service Program to reflect advances in determines appropriate. TRIES.—
technology. (c) REQUIREMENTS.—In carrying out the ac- (1) IN GENERAL.—The Director shall make
SEC. 10314. STEM WORKFORCE DATA. tivities described in subsection (b), the Director awards to institutions of higher education, non-
(a) SKILLED TECHNICAL WORKFORCE PORT- shall— profit organizations, or consortia thereof, for re-
FOLIO REVIEW.— (1) collaborate with the National Institute of search, development, and related activities to
(1) IN GENERAL.—Not later than 1 year after Standards and Technology, including the Na- advance innovative approaches to developing,
the date of enactment of this Act, the Director tional Initiative for Cybersecurity Education, improving, and expanding evidence-based edu-
shall conduct a full portfolio analysis of the the Department of Homeland Security, the De- cation and workforce development activities and
Foundation’s skilled technical workforce invest- partment of Defense, the Office of Personnel learning experiences at all levels of education in
ments across all Directorates in the areas of Management, and other Federal departments fields and disciplines related to microelectronics.
and agencies, as appropriate; (2) PURPOSES.—Activities carried out under
education, research, infrastructure, data collec-
(2) align with or build on the National Initia- this section shall be for the purpose of sup-
tion, and analysis.
tive on Cybersecurity Education Cybersecurity porting the growth, retention, and development
(2) REPORT.—Not later than 180 days after the
Workforce Framework wherever practicable and of a diverse and sustainable microelectronics
date of the review under paragraph (1) is com-
applicable; workforce to meet the requirements of the pro-
plete, the Director shall submit to Congress and
(3) leverage the collective body of knowledge grams established in section 9906(c)(2)(C) of the
make widely available to the public a summary
from existing cyber workforce development re- William M. (Mac) Thornberry National Defense
report of the portfolio review.
search and education activities; and Authorization Act for Fiscal Year 2021 in sup-
(b) SURVEY DATA.—
(4) engage with other Federal departments port of the evolving needs of industry, aca-
(1) ROTATING TOPIC MODULES.—To meet evolv-
and agencies, research communities, and poten- demia, government, and Federal laboratories.
ing needs for data on the state of the science (3) USES OF FUNDS.—Awards made under this
and engineering workforce, the Director shall tial users of information produced under this
section shall be used to support activities, such
assess, through coordination with other Federal subsection.
as—
statistical agencies and drawing on input from SEC. 10316. FEDERAL CYBER SCHOLARSHIP-FOR- (A) development of industry-oriented cur-
relevant stakeholders, the feasibility and bene- SERVICE PROGRAM.
ricula and teaching modules for topics relevant
fits of incorporating questions or topic modules (a) SENSE OF CONGRESS.—It is the sense of to microelectronics, including those that provide
to existing National Center for Science and En- Congress that— meaningful hands-on learning experiences;
gineering Statistics surveys that would vary (1) since cybersecurity risks are constant in (B) dissemination of materials developed in
from cycle to cycle. the growing digital world, it is critical that the subparagraph (A), including through the cre-
(2) NEW DATA.—Not later than 1 year after the United States stay ahead of malicious cyber ac- ation and maintenance of a publicly-accessible
date of enactment of this Act, the Director shall tivity with a workforce that can safeguard our database and online portal;
submit to Congress and the Board the results of innovation, research, and work environments; (C) development and implementation of train-
an assessment, carried out in coordination with and ing, research, and professional development pro-
other Federal agencies and with input from rel- (2) Federal investments in the Federal Cyber grams for teachers, including innovative pre-
evant stakeholders, of the feasibility and bene- Scholarship-for-Service Program at the National service and in-service programs, in microelec-
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fits of incorporating new questions or topic mod- Science Foundation play a critical role in pre- tronics and related fields;
ules to existing National Center for Science and paring and sustaining a strong, talented, and (D) support for learning activities and experi-
Engineering Statistics surveys on— much-needed national cybersecurity workforce ences that provide physical, simulated, or re-
(A) the skilled technical workforce; and should be strengthened. mote access to training facilities and industry-
(B) working conditions and work-life balance; (b) IN GENERAL.—Section 302(b)(1) of the Cy- standard processes and tools, including equip-
(C) harassment and discrimination; bersecurity Enhancement Act of 2014 (15 U.S.C. ment and software for the design, development,
(D) immigration and emigration; and 7442(b)(1)) is amended by striking the semicolon manufacturing, and testing of microelectronics;
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7317
(E) increasing the integration of microelec- shall encourage awardees to partner with indus- (5) PARTNERSHIPS.—The Director shall encour-
tronics content into STEM curricula at all edu- try and other private sector organizations to fa- age the submission of proposals that are led by
cation levels; cilitate the expansion of workforce pipelines and historically Black colleges and universities,
(F) Growing academic research capacity in enable access to industry-standard equipment Tribal Colleges or Universities, and minority-
microelectronics by incentivizing the hiring of and software for use in undergraduate and serving institutions or that include partnerships
faculty in fields critical to microelectronics; graduate microelectronics education programs. with or among such institutions to increase the
(G) support for innovative industry pathway (8) INTERAGENCY COORDINATION.—In carrying recruitment of students from groups historically
programs that connect high school, vocational, out activities under this section, the Director underrepresented in STEM to pursue graduate
military, college, and graduate programs; and shall collaborate with the Subcommittee on studies in microelectronics.
(H) providing informal hands-on microelec- Microelectronics Leadership of the National (6) OUTREACH.—In addition to any other re-
tronics learning opportunities for PreK-12 stu- Science and Technology Council, established in quirements as determined appropriate by the Di-
dents in different learning environments, in- subsection (a) of section 9906 of the William M. rector, the Director shall require that proposals
cluding competitions. (Mac) Thornberry National Defense Authoriza- for awards under this section shall include a de-
(4) ADVANCED MICROELECTRONICS tion Act for Fiscal Year 2021 and the National scription of how the applicant will develop and
TRAINEESHIPS.— Semiconductor Technology Center established in implement outreach activities to increase the
(A) IN GENERAL.—The Director shall make subsection (c) of section 9906 of such Act, and participation of women and other students from
awards to institutions of higher education or other relevant Federal agencies to maintain the groups historically underrepresented in STEM.
nonprofit organizations (or consortia of such in- effectiveness of microelectronics workforce de- (7) COORDINATION ACROSS FOUNDATION PRO-
stitutions and organizations) to establish velopment activities across the agencies. GRAMS.—In carrying out the activities under
traineeship programs for graduate students who (b) NATIONAL NETWORK FOR MICROELEC- this section, the Director shall ensure awardees
pursue microelectronics research leading to a TRONICS EDUCATION.—
coordinate with, and avoid unnecessary dupli-
masters or doctorate degree by providing fund- (1) IN GENERAL.—The Director, in coordina-
cation of, the activities carried out under this
ing and other assistance, and by providing tion with the Secretary of Commerce, shall on a
Section with the activities of the 21st Century
graduate students with opportunities for re- competitive, merit-reviewed basis, make awards
Nanotechnology Research and Development Act
search experiences in government or industry re- to institutions of higher education and non-
(Public Law 108–153), the National Quantum
lated to the students’ microelectronics studies. profit organizations (or consortia of such insti-
tutions and organizations) to establish partner- Initiative Act (Public Law 115–368), and Divi-
(B) USE OF FUNDS.—Institutions of higher sion E of the William M. (Mac) Thornberry Na-
education or non-profit organizations (or con- ships to enhance and broaden participation in
microelectronics education. tional Defense Authorization Act for Fiscal
sortia of such institutions and organizations) Year 2021, and other related programs, as ap-
(2) ACTIVITIES.—Awards made under this sub-
shall use award funds provided under subpara- propriate.
section shall be used for the following:
graph (A) for the purposes of— (8) INTERAGENCY COORDINATION.—In carrying
(A) To conduct training and education activi-
(i) paying tuition and fees, and providing sti- out activities under this section, the Director
ties funded by awards under paragraph (1) and
pends, for students receiving traineeships who shall collaborate with the Subcommittee on
in coordination with the Network Coordination
are citizens, nationals, or aliens lawfully admit- Microelectronics Leadership of the National
Hub established in paragraph (3), including cur-
ted for permanent residence; ricula design, development, dissemination, and Science and Technology Council, established in
(ii) facilitating opportunities for scientific in- subsection (a) of section 9906 of the William M.
assessment, and the sharing of information and
ternship programs for students receiving (Mac) Thornberry National Defense Authoriza-
best practices across the network of awardees.
traineeships in microelectronics at private in- (B) To develop regional partnerships among tion Act for Fiscal Year 2021 and the National
dustry, nonprofit research institutions, or Fed- associate-degree-granting colleges, bachelor-de- Semiconductor Technology Center established in
eral laboratories; and gree-granting institutions, workforce develop- subsection (c) of section 9906 of such Act.
(iii) such other costs associated with the ad- ment programs, labor organizations, and indus- SEC. 10319. INCORPORATION OF ART AND DESIGN
ministration of the program. try to create a diverse national technical work- INTO CERTAIN STEM EDUCATION.
(5) MICROELECTRONICS SKILLED TECHNICAL force trained in microelectronics and ensure (a) NATIONAL SCIENCE FOUNDATION AUTHOR-
WORKFORCE PROGRAMS.—The Director shall education and training is meeting the evolving IZATION ACT.—Section 9(a) of the National
make awards under the Scientific and Ad- needs of industry. Science Foundation Authorization Act of 2002
vanced-Technology Act of 1992 (42 U.S.C. 1862h- (C) To develop local workforce pipelines that (42 U.S.C. 1862n(a)) is amended in paragraph
j) to support programs for skilled technical align with capacity investments made by indus- (3)—
workers in STEM disciplines that are aligned try and the Federal government, including voca- (1) in subparagraph (M), by striking ‘‘and’’ at
with skilled workforce needs of the microelec- tional and high school training programs, com- the end;
tronics industry and lead to an associate’s de- munity college degrees and certificates, veteran (2) by redesignating subparagraph (N) as sub-
gree, or equivalent certification, by providing post service opportunities, and mentoring. paragraph (O); and
funding and other assistance, including oppor- (D) To facilitate partnerships with employers, (3) after subparagraph (M), by inserting the
tunities for internships and other hands-on ex- employer consortia or other private sector orga- following new subparagraph:
periences in industry related to the students’ nizations that offer apprenticeships, intern- ‘‘(N) developing science, technology, engineer-
microelectronics studies. ships, or applied learning experiences in the ing, and mathematics educational curriculum
(6) MICROELECTRONICS RESEARCH EXPERIENCES field of microelectronics. that incorporates art and design to promote cre-
THROUGH EXISTING PROGRAMS.—The Director (E) To develop shared infrastructure available ativity and innovation; and’’.
shall seek to increase opportunities for micro- to institutions of higher education, two-year (b) STEM EDUCATION ACT [LOG 169
electronics research for students and trainees at colleges, and private organizations to enable ex- H10304(K)].—Section 3 of the STEM Education
all levels by encouraging proposals in microelec- periential learning activities and provide phys- Act of 2015 (42 U.S.C. 1862q) is amended—
tronics through existing programs including— ical or digital access to training facilities and (1) in subsection (a)—
(A) research experiences for undergraduates industry-standard tools and processes. (A) in paragraph (2), by striking ‘‘and’’ at the
pursuant to section 514 of the America COM- (F) To create and disseminate public outreach
end;
PETES Reauthorization Act of 2010 (42 U.S.C. to support awareness of microelectronics edu-
(B) in paragraph (3), by striking the period
1862p–6); cation and career opportunities, including
and inserting ‘‘; and’’; and
(B) postdoctoral fellowship programs estab- through outreach to PreK–12 schools and
(C) by adding at the end the following:
lished pursuant to section 522 of the America STEM-related organizations.
‘‘(4) the integration of art and design in
COMPETES Act of 2010 (42 U.S.C. 1862p–11); (G) To collaborate and coordinate with indus-
(C) graduate fellowships established pursuant STEM educational programs.’’; and
try and existing public and private organiza-
to section 10 of the National Science Foundation (2) in subsection (b)—
tions conducting microelectronics education and
Act of 1950 (42 U.S.C. 1869); (A) in paragraph (3), by striking ‘‘and’’ at the
workforce development activities, as practicable.
(D) informal STEM education programs estab- (3) NETWORK COORDINATION HUB.—The Direc- end;
lished pursuant to section 3 of the STEM Edu- tor shall make an award on a competitive, (B) in paragraph (4), by striking the period
cation Act of 2015 (42 U.S.C. 1862q); merit-reviewed basis to an institution of higher and inserting ‘‘; and’’; and
(E) the Robert Noyce Teacher Scholarship education or nonprofit organization (or a con- (C) by adding at the end the following:
Program established pursuant to section 10 of sortium thereof) to establish a national network ‘‘(5) design and testing of programming that
the National Science Foundation Authorization of partnerships (referred to in this section as the integrates art and design in STEM education to
Act of 2002 (42 U.S.C. 1862n–1); ‘‘National Network for Microelectronics Edu- promote creativity and innovation.’’.
(F) major research instrumentation programs cation’’) to coordinate activities, best practice SEC. 10320. MANDATORY COST-SHARING.
established pursuant to section 7036 of the sharing, and access to facilities across the part- (a) WAIVER.—The cost-sharing requirements
America COMPETES Act (42 U.S.C. 1862o–14); nerships established in accordance with para- under section 7036(c) of the America Creating
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and graph (1). Opportunities to Meaningfully Promote Excel-
(G) low-income scholarship program estab- (4) INCENTIVIZING PARTICIPATION.—To the ex- lence in Technology, Education, and Science
lished pursuant to section 414(d) of the Amer- tent practicable, the Director shall encourage Act (42 U.S.C. 1862o-14(c)) for the Major Re-
ican Competitiveness and Workforce Improve- participation in the National Network for search Instrumentation Program and under sec-
ment Act of 1998 (42 U.S.C. 1869c). Microelectronics Education through the coordi- tion 10A(i) of the National Science Foundation
(7) INDUSTRY PARTNERSHIPS.—In carrying out nation of activities and distribution of awards Authorization Act of 2002 (42 U.S.C. 1862n-1a(i))
the activities under this section, the Director described in subsection (a). for teaching fellowships administered within the
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H7318 CONGRESSIONAL RECORD — HOUSE July 28, 2022
Robert Noyce Teacher Scholarship Program are COMPETES Reauthorization Act of 2010 (42 Communities of Learners of Underrepresented
waived for a period of 5 years following the date U.S.C. 1862p–5; 1862p–6; 42 U.S.C. 1862p–7); and Discoverers in Engineering and Science Initia-
of enactment of this Act. (4) awards to institutions of higher education tive’’ or the ‘‘Eddie Bernice Johnson INCLUDES
(b) ASSESSMENT.—Not later than 5 years fol- to enable the institutions to fund innovation in Initiative’’.
lowing the date of enactment of this Act, the Di- undergraduate and graduate education, in- SEC. 10324. BROADENING PARTICIPATION ON
rector shall submit to Congress an assessment, creased educational capacity, and the develop- MAJOR FACILITIES AWARDS.
that includes feedback from the research com- ment and establishment of new or specialized The Director shall require organizations seek-
munity, of the impacts of the waivers provided programs of study for graduate, undergraduate, ing a cooperative agreement for the management
under subsection (a), including— or technical college students, and the evaluation of the operations and maintenance of a Founda-
(1) programmatic and scientific goals; of the effectiveness of the programs of study. tion project to demonstrate prior experience and
(2) institutional commitment and stewardship Subtitle C—Broadening Participation current capabilities in or to have a plan for em-
of Federal resources; ploying best practices in broadening participa-
SEC. 10321. PRESIDENTIAL AWARDS FOR EXCEL-
(3) institutional strategic planning and ad- tion in science and engineering and ensure im-
LENCE IN MATHEMATICS AND
ministrative burden; SCIENCE. plementation of such practices is considered in
(4) equity among recipient institutions; and oversight of the award.
(a) IN GENERAL.—Section 117(a) of the Na-
(5) recommendations for or against extending
tional Science Foundation Authorization Act of SEC. 10325. EXPANDING GEOGRAPHIC AND INSTI-
or making permanent such waivers. TUTIONAL DIVERSITY IN RESEARCH.
1988 (42 U.S.C. 1881b(a)) is amended—
SEC. 10321. PROGRAMS TO ADDRESS THE STEM
(1) in subparagraph (B)— (a) CONTINUING SUPPORT FOR EPSCOR .—
WORKFORCE.
(A) by striking ‘‘108’’ and inserting ‘‘110’’; (1) SENSE OF CONGRESS.—It is the sense of
(a) IN GENERAL.—The Director shall issue un-
(B) by striking clause (iv); Congress that—
dergraduate scholarships, including at commu-
(C) in clause (v), by striking the period at the (A) because maintaining the Nation’s sci-
nity colleges, graduate fellowships and
end and inserting ‘‘; and’’; entific and economic leadership requires the
traineeships, postdoctoral awards, and, as ap-
(D) by redesignating clauses (i), (ii), (iii), and participation of talented individuals nation-
propriate, other awards, to address STEM work-
(v) as subclauses (I), (II), (III), and (IV), respec- wide, EPSCoR investments into State research
force gaps, including for programs that recruit,
tively, and moving the margins of such sub- and education capacities are in the Federal in-
retain, and advance students to a bachelor’s de-
clauses (as so redesignated) two ems to the terest and should be sustained;
gree in a STEM discipline concurrent with a (B) EPSCoR should maintain its experimental
right; and
secondary school diploma, such as through ex- component by supporting innovative methods
(E) by striking ‘‘In selecting teachers’’ and all
isting and new partnerships with State edu- for improving research capacity and competi-
that follows through ‘‘two teachers—’’ and in-
cational agencies. tiveness; and
serting the following:
(b) POSTDOCTORAL PROFESSIONAL DEVELOP-
‘‘(C) In selecting teachers for an award au- (C) the Director should carry out this sub-
MENT.—In carrying out this section, the Director
thorized by this subsection, the President shall section while maintaining or increasing pro-
shall encourage innovation in postdoctoral pro-
select— posal success rates at emerging research institu-
fessional development, support the development
‘‘(i) at least two teachers—’’; and tions throughout the United States and without
and diversity of the STEM workforce, and study
(2) in subparagraph (C), as so designated by precluding access to awards for such institu-
the impacts of such innovation and support. To
paragraph (1)(E) of this subsection, by adding tions.
do so, the Director may use postdoctoral awards
at the end the following: (2) UPDATE OF EPSCOR.—Section 517(f)(2) of
established under subsection (a) or leveraged ‘‘(ii) at least one teacher— the America COMPETES Reauthorization Act of
under subsection (d)(1) for fellowships or other ‘‘(I) from the Commonwealth of the Northern 2010 (42 U.S.C. 1862p–9(f)(2)) is amended—
temporary rotational postings of not more than Mariana Islands; (A) in subparagraph (A), by striking ‘‘and’’ at
2 years. Such fellowships or temporary rota- ‘‘(II) from American Samoa; the end; and
tional postings shall be awarded— ‘‘(III) from the Virgin Islands of the United (B) by adding at the end the following:
(1) to qualified individuals who have a doc- States; and ‘‘(C) to increase the capacity of rural commu-
toral degree and received such degree not earlier ‘‘(IV) from Guam.’’. nities to provide quality STEM education and
than 5 years before the date that the fellowship (b) EFFECTIVE DATE.—The amendments made STEM workforce development programming to
or temporary rotational posting begins; and by subsection (a) shall apply with respect to students, and teachers; and’’.
(2) to carry out research at Federal, State, awards made on or after the date of the enact- (3) GEOGRAPHIC DIVERSITY AND INCLUSION.—
local, and Tribal government research facilities. ment of this Act.
(c) DIRECT HIRE AUTHORITY.— (A) IN GENERAL.—To the maximum extent
(1) IN GENERAL.—The head of any Federal SEC. 10322. ROBERT NOYCE TEACHER SCHOLAR- practicable, not less than—
SHIP PROGRAM UPDATE. (i) 15.5 percent in fiscal year 2023,
agency may appoint, without regard to the pro-
visions of subchapter I of chapter 33 of title 5, (a) SENSE OF CONGRESS.—It is the sense of (ii) 16 percent in fiscal year 2024,
United States Code, other than sections 3303 Congress that over the next five years the Foun- (iii) 16.5 percent in fiscal year 2025,
and 3328 of that title, a qualified candidate de- dation should increase the number of scholar- (iv) 17 percent in fiscal year 2026,
scribed in paragraph (2) directly to a position in ships awarded under the Robert Noyce Teacher (v) 18 percent in fiscal year 2027,
the competitive service with the Federal agency Scholarship program established under section (vi) 19 percent in fiscal year 2028, and
for which the candidate meets Office of Per- 10 of the National Science Foundation Author- (vii) 20 percent in fiscal year 2029,
sonnel Management qualification standards. ization Act of 2002 (42 U.S.C. 1862n–1) by 50 per- of the amounts appropriated to the Foundation
(2) FELLOWSHIP OR TEMPORARY ROTATIONAL cent. for research and related activities, and science,
POSTING.—Paragraph (1) applies with respect to (b) OUTREACH.—To increase the diversity of mathematics, and engineering education and
a former recipient of an award under this sub- participants, the Director shall support human resources programs and activities, ex-
section who— symposia, forums, conferences, and other activi- cluding those amounts made available for polar
(A) earned a doctoral degree in a STEM field ties to expand and enhance outreach to— research and operations support (and operations
from an institution of higher education; and (1) historically Black colleges and universities; and maintenance of research facilities), shall be
(B) successfully fulfilled the requirements of (2) Tribal Colleges or Universities; awarded to EPSCoR institutions.
the fellowship or temporary rotational posting (3) minority-serving institutions; (B) SCHOLARSHIPS.—To the maximum extent
within a Federal agency. (4) institutions of higher education that are practicable, not less than—
(3) LIMITATION.—The direct hire authority located near or serve rural communities, includ- (i) 16 percent in fiscal year 2023,
under this subsection shall be exercised with re- ing EPSCoR institutions; (ii) 18 percent in fiscal year 2024, and
spect to a specific qualified candidate not later (5) labor organizations; (iii) 20 percent in each of fiscal years 2025
than 2 years after the date that the candidate (6) emerging research institutions; and through 2029,
completed the requirements related to the fellow- (7) higher education programs that serve or of the amounts appropriated to the Foundation
ship or temporary rotational posting described support veterans. for scholarships (including at community col-
under this subsection. SEC. 10323. NSF EDDIE BERNICE JOHNSON IN- leges), graduate fellowships and traineeships,
(d) EXISTING PROGRAMS.—In carrying out this CLUDES INITIATIVE. and postdoctoral awards shall be used to sup-
section, the Director may leverage existing pro- (a) IN GENERAL.—The Director shall make port EPSCoR institutions.
grams, including programs that issue— awards, on a competitive basis, to institutions of (C) CONSIDERATIONS.—The Director shall con-
(1) postdoctoral awards; higher education or non-profit organizations (or sider prioritizing funding and activities that en-
(2) graduate fellowships and traineeships, in- consortia of such institutions or organizations) able sustainable growth in the competitiveness
clusive of the NSF Research Traineeships and to carry out a comprehensive national initiative of EPSCoR jurisdictions, including—
fellowships awarded under the Graduate Re- to facilitate the development of networks and (i) infrastructure investments to build re-
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search Fellowship Program; partnerships to build on and scale up effective search capacity in EPSCoR jurisdictions;
(3) scholarships, research experiences, and in- practices in broadening participation in STEM (ii) scholarships, fellowships, and traineeships
ternships, including— studies and careers of groups historically under- within new and existing programs, to promote
(A) scholarships to attend community colleges; represented in such studies and careers. the development of sustainable research and
and (b) CHANGE OF NAME.—The initiative under academic personnel;
(B) research experiences and internships subsection (a) shall be known as the ‘‘Eddie (iii) partnerships between eligible organiza-
under sections 513, 514, and 515 of the America Bernice Johnson Inclusion across the Nation of tions in EPSCoR and non-EPSCoR jurisdictions,
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7319
to develop administrative, grant management, include an analysis of options to support re- (6) DUPLICATION.—The Director shall ensure
and proposal writing capabilities in EPSCoR ju- gions in non-EPSCoR jurisdictions, adjacent to the awards made under this subsection are com-
risdictions; EPSCoR jurisdictions, that historically receive plementary and not duplicative of existing pro-
(iv) capacity building activities for emerging disproportionately low levels of funding from grams.
research institutions, historically Black colleges the Foundation, including, if appropriate, op- (7) REPORT.—The Director shall submit a re-
and universities, Tribal Colleges or Universities, tions to expand the EPSCoR program or to es- port to Congress after the third year of the pro-
and minority serving institutions, consistent tablish new programs. gram that includes—
with this section and section 10524 of this divi- (b) FOSTERING STEM RESEARCH DIVERSITY AND (A) an assessment of the effectiveness of the
sion; and CAPACITY PROGRAM.— program for growing the geographic and institu-
(v) leveraging the Partnerships for Innovation (1) IN GENERAL.—The Director shall make tional diversity of institutions of higher edu-
program, as well as the Foundation coordina- awards on a competitive, merit-reviewed basis to cation receiving research awards from the Foun-
tion role in the Department of Commerce tech- eligible institutions to implement and study in- dation;
nology and innovation hub program under sec- novative approaches for building research ca- (B) an assessment of the quality, quantity,
tion 28 of the Stevenson-Wydler Technology In- pacity in order to engage and retain students and geographic and institutional diversity of in-
novation Act of 1980 as added by section 10621, from a range of institutions and diverse back- stitutions of higher education conducting
to build sustainable innovation ecosystems in grounds in STEM. Foundation- sponsored research since the estab-
EPSCoR jurisdictions. (2) ELIGIBLE INSTITUTION DEFINED.—In this lishment of the program in this subsection;
(D) MERIT REVIEW.—The Director shall subsection the term ‘‘eligible institution’’ means (C) an assessment of the quantity and diver-
achieve the percentages specified in this para- an institution of higher education that, accord- sity of undergraduate and graduate students
graph to the maximum extent practicable, con- ing to the data published by the National Center graduating from eligible institutions with STEM
sistent with the National Science Foundation for Science and Engineering Statistics, is not, on degrees; and
merit review process. average, among the top 100 institutions in Fed- (D) statistical summary data on the program,
(E) CONSORTIA.—In the case of an award to a eral research and development expenditures including the geographic and institutional allo-
consortium, the Director may count the entire during the 3-year period prior to the year of the cation of award funding, the number and diver-
award toward meeting the funding requirements award. sity of supported graduate and undergraduate
of subparagraph (A) if the lead entity of the (3) PURPOSE.—The activities under this sub- students, and how it contributes to capacity
consortium is located in an EPSCoR institution section shall be focused on achieving simulta- building at eligible entities.
(F) ANNUAL REPORTING.—Beginning with the neous impacts at the student, faculty, and insti- (8) AUTHORIZATION OF APPROPRIATIONS.—
fiscal year 2023, the Director shall submit to tutional levels by increasing the research capac- There is authorized to be appropriated to the
Congress a report describing— ity at eligible institutions and the number of un- Director $150,000,000 for each of the fiscal years
(i) the Foundation’s implementation of this dergraduate and graduate students pursuing 2023 through 2027 to carry out the activities
paragraph; STEM degrees from eligible institutions. under this subsection.
(ii) progress in building research capacity, in- (4) REQUIREMENTS.—In carrying out this pro- (c) PARTNERSHIPS WITH EMERGING RESEARCH
cluding both infrastructure and personnel, in gram, the Director shall— INSTITUTIONS.—
EPSCoR jurisdictions, including at historically (A) require eligible institutions seeking fund- (1) IN GENERAL.—The Director shall establish
Black colleges and universities, Tribal Colleges ing under this subsection to submit an applica- a five-year pilot program for awards to research
or Universities, minority-serving institutions, tion to the Director at such time, in such man- partnerships that involve emerging research in-
and emerging research institutions; and ner, containing such information and assur- stitutions and may involve institutions classified
(iii) if the Foundation does not meet the re- ances as the Director may require. The applica- as very high research activity by the Carnegie
quirement described in subparagraph (A), an ex- tion shall include, at a minimum a description Classification of Institutions of Higher Edu-
planation relating thereto and a plan for com- of how the eligible institution plans to sustain cation at the time of application.
pliance in the following fiscal year and remedi- the proposed activities beyond the duration of (2) REQUIREMENTS.—In carrying out this pro-
ation. the award; gram, the Director shall—
(G) ANALYSIS AND SUSTAINABILITY REPORT.— (B) require applicants to identify disciplines (A) require that each proposal submitted by a
Not later than December 31, 2026, the Director and focus areas in which the eligible institution multi-institution collaboration for an award, in-
shall submit to Congress a report containing an can excel, and explain how the applicant will cluding those under subtitle G of this title, that
analysis of the impacts of the requirements use the award to build capacity to bolster the exceeds $1,000,000, as appropriate, specify how
under subparagraphs (A) and (B). The report institutional research competitiveness of eligible the applicants will support substantive, mean-
shall include— entities to support awards made by the Founda- ingful, sustainable, and mutually beneficial
(i) an analysis of how the requirements under tion and increase regional and national capac- partnerships with one or more emerging re-
this paragraph affected the balance of total ity in STEM; search institutions;
funding awarded by the Foundation to states (C) require the awards funded under this sub- (B) require recipients funded under this sub-
and territories across the United States; section to support research and related activi- section to direct no less than 35 percent of the
(ii) an analysis of any changes in award suc- ties, which may include— total award to one or more emerging research
cess and total funding awarded to Historically (i) development or expansion of research pro- institutions;
black colleges and universities, Tribal Colleges grams in disciplines and focus areas in subpara- (C) require recipients funded under this sub-
or Universities, minority-serving institutions, graph (B); section to report on the partnership activities as
and emerging research institutions between the (ii) faculty recruitment and professional de- part of the annual reporting requirements of the
date of enactment and December 31, 2026; velopment in disciplines and focus areas in sub-
(iii) an analysis of the gains in academic re- Foundation; and
paragraph (B), including for early-career re- (D) solicit feedback on the partnership di-
search capacity, quality, and competitiveness searchers;
and in science and technology human resource rectly from partner emerging research institu-
(iii) stipends for undergraduate and graduate tions, in such form as the Director deems appro-
development in EPSCoR jurisdictions made be- students participating in research in disciplines
tween the enactment of this Act and December priate.
and focus areas in subparagraph (B); (3) CAPACITY BUILDING.—Funds awarded to
31, 2026; (iv) acquisition of instrumentation necessary
(iv) an assessment of EPSCoR eligibility cri- emerging research institutions under this sub-
to build research capacity at an eligible institu-
teria and determination on whether new eligi- section may be used to build research capacity,
tion in disciplines and focus areas in subpara-
bility criteria should be developed based on the including through support for faculty salaries
graph (B);
findings from clauses (i), (ii), and (iii); and and training, field and laboratory research ex-
(v) an assessment of capacity-building and re-
(v) a plan to sustain and grow improvements periences for undergraduate and graduate stu-
search infrastructure needs;
in research capacity and competitiveness in dents, and maintenance and repair of research
(vi) administrative research development sup-
EPSCoR jurisdictions. equipment and instrumentation.
port; and
(H) EPSCOR ELIGIBILITY.— (4) REPORT.—The Director shall submit a re-
(vii) other activities necessary to build re-
(i) IN GENERAL.—The Director shall ensure eli- port to Congress after the third year of the pilot
search capacity; and
gibility for current EPSCoR jurisdictions for five (D) require that no eligible institution should program that includes—
years from the date of enactment of this Act, receive more than $10,000,000 in any single year (A) an assessment, drawing on feedback from
after which the Director shall determine wheth- of funds made available under this section. the research community and other sources of in-
er new eligibility criteria should be developed (5) ADDITIONAL CONSIDERATIONS.—In making formation, of the effectiveness of the pilot pro-
based on the findings in the report required awards under this subsection, the Director may gram for improving the quality of partnerships
under subparagraph (G). also consider— with emerging research institutions; and
(ii) REPORT.—Not later than December 31, (A) the extent to which the applicant will sup- (B) if deemed effective, a plan for permanent
implementation of the pilot program.
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2028, the Director shall report to Congress re- port students from diverse backgrounds, includ-
garding any new eligibility criteria determined ing first-generation undergraduate students; SEC. 10326. DIVERSITY IN TECH RESEARCH.
under clause (i), any changes to jurisdictional (B) the geographic and institutional diversity The Director shall make awards, on a com-
eligibility based on such criteria, and the neces- of the applying institutions; and petitive basis, to institutions of higher education
sity and practicality of continuing or modifying (C) how the applicants can leverage public- or nonprofit organizations (or consortia of such
the requirement under subparagraph (A) given private partnerships and existing partnerships institutions or organizations) to support basic,
any such changes to eligibility. The report shall with Federal Research Agencies. applied, and use-inspired research that yields a
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H7320 CONGRESSIONAL RECORD — HOUSE July 28, 2022
scientific evidence base for improving the design (2) Research to study best practices for work- minority groups aware of opportunities for aca-
and emergence, development and deployment, life accommodation. demic careers in STEM fields; and
and management and ultimate effectiveness of (3) Research to study the impact of policies ‘‘(G) activities to identify and engage excep-
entities involved in technology research, includ- and practices that are implemented or are other- tional graduate students and postdoctoral re-
ing research related to diversity and inclusion wise consistent with the purposes of this section. searchers from underrepresented minority
in the technology sector. (4) Mentoring programs that facilitate engage- groups at various stages of their studies and to
SEC. 10327. CHIEF DIVERSITY OFFICER OF THE ment of STEM professionals with students. encourage them to enter academic careers.
NSF. (5) Research experiences for undergraduate ‘‘(4) SELECTION PROCESS.—
(a) CHIEF DIVERSITY OFFICER.— and graduate students in STEM fields. ‘‘(A) APPLICATION.—An institution of higher
(1) APPOINTMENT.—The Director shall appoint (6) Outreach to elementary school and sec- education (or a consortium of such institutions)
a senior agency official within the Office of the ondary school students to provide opportunities seeking funding under this subsection shall sub-
Director as a Chief Diversity Officer. to increase their exposure to STEM fields. mit an application to the Director of the Foun-
(2) QUALIFICATIONS.—The Chief Diversity Of- (c) DISSEMINATION ACTIVITIES.—The Director dation at such time, in such manner, and con-
ficer shall have significant experience, within shall carry out dissemination activities con- taining such information and assurances as
the Federal Government and the science commu- sistent with the purposes of this section, includ- such Director may require. The application shall
nity, with diversity- and inclusion-related mat- ing— include, at a minimum, a description of—
ters, including— (1) collaboration with other Federal research ‘‘(i) the reform effort that is being proposed
(A) civil rights compliance; agencies and professional associations to ex- for implementation by the institution of higher
(B) harassment policy, reviews, and investiga- change best practices, harmonize work-life ac- education;
tions; commodation policies and practices, and over- ‘‘(ii) any available evidence of specific dif-
(C) equal employment opportunity; and coming common barriers to work-life accommo- ficulties in the recruitment, retention, and ad-
(D) disability policy. dation; and vancement of faculty members from underrep-
(b) DUTIES.—The Chief Diversity Officer is re- (2) collaboration with institutions of higher resented minority groups in STEM academic ca-
sponsible for providing advice on policy, over- education in order to clarify and catalyze the reers within the institution of higher education
sight, guidance, and coordination with respect adoption of a coherent and consistent set of submitting an application, and how the pro-
to matters of the Foundation related to diversity work-life accommodation policies and practices. posed reform effort would address such issues;
and inclusion, including ensuring the geo- (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iii) support for the proposed reform effort by
graphic diversity of the Foundation programs. There are authorized to be appropriated to carry administrators of the institution, which may in-
Other duties may include— out this section $5,000,000 for each of fiscal clude details on previous or ongoing reform ef-
(1) establishing and maintaining a strategic years 2023, 2024, 2025, 2026, and 2027. forts;
plan that publicly states a diversity definition, SEC. 10329. ACTIVITIES TO EXPAND STEM OPPOR- ‘‘(iv) how the proposed reform effort may con-
vision, and goals for the Foundation; TUNITIES. tribute to change in institutional culture and
(2) defining a set of strategic metrics that (a) NATIONAL SCIENCE FOUNDATION SUPPORT policy such that a greater value is placed on the
are— FOR INCREASING DIVERSITY AMONG STEM FAC- recruitment, retention, and advancement of fac-
(A) directly linked to key organizational pri- ULTY AT INSTITUTIONS OF HIGHER EDUCATION.— ulty members from underrepresented minority
orities and goals; Section 305 of the American Innovation and groups;
(B) actionable; and Competitiveness Act (42 U.S.C. 1862s–5) is ‘‘(v) how the institution of higher education
(C) actively used to implement the strategic amended— submitting an application plans to sustain the
plan under paragraph (1); (1) by redesignating subsections (e) and (f) as proposed reform effort beyond the duration of
(3) advising in the establishment of a strategic subsections (g) and (h), respectively; and the award, if the effort proved successful; and
plan for diverse participation by individuals (2) by inserting after subsection (d) the fol- ‘‘(vi) how the success and effectiveness of the
and institutions of higher education, including lowing: proposed reform effort will be evaluated and as-
community colleges, historically Black colleges ‘‘(e) SUPPORT FOR INCREASING DIVERSITY sessed in order to contribute to the national
and universities, Tribal Colleges or Universities, AMONG STEM FACULTY AT INSTITUTIONS OF knowledge base about models for catalyzing in-
minority serving institutions, institutions of HIGHER EDUCATION.— stitutional change.
higher education with an established STEM ca- ‘‘(1) IN GENERAL.—The Director of the Foun- ‘‘(B) AWARD DISTRIBUTION.—The Director of
dation shall make awards to institutions of the Foundation shall ensure, to the extent prac-
pacity building program focused on Native Ha-
higher education (or consortia thereof) for the ticable, that awards under this section are made
waiians or Alaska Natives, and EPSCoR institu-
development and assessment of innovative re- to a variety of types of institutions of higher
tions);
(4) advising in the establishment of a strategic form efforts designed to increase the recruit- education.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
plan for outreach to, and recruiting from, un- ment, retention, and advancement of individ-
There are authorized to be appropriated to carry
tapped locations and underrepresented popu- uals from underrepresented minority groups in
out this subsection $8,000,000 for each of fiscal
lations; academic STEM careers, which may include im-
years 2023 through 2027.’’.
(5) advising on a diversity and inclusion strat- plementing or expanding successful evidence- (b) NATIONAL SCIENCE FOUNDATION SUPPORT
egy for the Foundation’s portfolio of PreK–12 based practices. FOR BROADENING PARTICIPATION IN UNDER-
STEM education focused programs and activi- ‘‘(2) MERIT REVIEW; COMPETITION.—Awards GRADUATE STEM EDUCATION.—Section 305 of the
ties, including goals for addressing barriers to shall be made under this subsection on a merit- American Innovation and Competitiveness Act
participation; reviewed, competitive basis. (42 U.S.C. 1862s–5), as amended by subsection
(6) advising on the application of the Founda- ‘‘(3) USE OF FUNDS.—Activities supported by
(b), is further amended by inserting after sub-
tion’s broader impacts review criterion; and awards under this subsection may include—
‘‘(A) institutional assessment activities, such section (e) the following:
(7) performing such additional duties and ex- ‘‘(f) SUPPORT FOR BROADENING PARTICIPATION
ercise such powers as the Director may pre- as data analyses and policy review, in order to
IN UNDERGRADUATE STEM EDUCATION.—
scribe. identify and address specific issues in the re- ‘‘(1) IN GENERAL.—The Director of the Foun-
(c) AUTHORIZATION OF APPROPRIATIONS.—To cruitment, retention, and advancement of fac- dation shall make awards to institutions of
carry out this section, there are authorized to be ulty members from underrepresented minority higher education (or a consortium of such insti-
appropriated $5,000,000 for each of fiscal years groups; tutions) to implement or expand research-based
2023 through 2027. ‘‘(B) assessments of distribution of mentoring reforms in undergraduate STEM education for
SEC. 10328. RESEARCH AND DISSEMINATION TO and advising responsibilities among faculty, the purpose of recruiting and retaining students
INCREASE THE PARTICIPATION OF particularly for faculty from underrepresented from minority groups who are underrepresented
WOMEN AND UNDERREPRESENTED minority groups, that may detract from time
MINORITIES IN STEM FIELDS.
in STEM fields.
spent on research, publishing papers, and other ‘‘(2) MERIT REVIEW; COMPETITION.—Awards
(a) IN GENERAL.—The Director shall make activities required to achieve tenure status or shall be made under this subsection on a merit-
awards on a competitive, merit-reviewed basis, promotion (or equivalents for non-tenure track reviewed, competitive basis.
to institutions of higher education or non-profit faculty) and run a productive research program; ‘‘(3) USE OF FUNDS.—Activities supported by
organizations (or consortia of such institutions ‘‘(C) development and assessment of training awards under this subsection may include—
or organizations), to enable such entities to in- courses for administrators and search committee ‘‘(A) implementation or expansion of innova-
crease the participation of women and under- members designed to ensure unbiased evaluation tive, research-based approaches to broaden par-
represented minorities in STEM studies and ca- of candidates from underrepresented minority ticipation of underrepresented minority groups
reers. groups; in STEM fields;
(b) USE OF FUNDS.—An eligible entity that re- ‘‘(D) development and hosting of intra- or ‘‘(B) implementation or expansion of success-
ceives an award under this subsection shall use inter-institutional workshops to propagate best ful, research-based bridge, cohort, tutoring, or
such award funds to carry out one or more of practices in recruiting, retaining, and advanc- mentoring programs, including those involving
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the following activities designed to increase the ing faculty members from underrepresented mi- community colleges and technical schools, de-
participation of women or minorities historically nority groups; signed to enhance the recruitment and retention
underrepresented in STEM, or both: ‘‘(E) professional development opportunities of students from underrepresented minority
(1) Research to analyze the record-level data for faculty members from underrepresented mi- groups in STEM fields;
collected under sections 10502 and 10504, con- nority groups; ‘‘(C) implementation or expansion of outreach
sistent with policies to ensure the privacy of in- ‘‘(F) activities aimed at making under- programs linking institutions of higher edu-
dividuals identifiable by such data. graduate STEM students from underrepresented cation and PreK–12 school systems in order to
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7321
heighten awareness among precollege students ‘‘(vi) how the success and effectiveness of the Foundation, in order to fulfill the requirement
from underrepresented minority groups of op- proposed reform effort will be evaluated and as- under section 3(e) of the National Science Foun-
portunities in college-level STEM fields and sessed in order to contribute to the national dation Act of 1950 (42 U.S.C. 1862(e)).
STEM careers; knowledge base about models for catalyzing in- Subtitle D—NSF Research Security
‘‘(D) implementation or expansion of faculty stitutional change, SEC. 10331. OFFICE OF RESEARCH SECURITY AND
development programs focused on improving re- ‘‘(B) AWARD DISTRIBUTION.—The Director of POLICY.
tention of undergraduate STEM students from the Foundation shall ensure, to the extent prac- The Director shall maintain a Research Secu-
underrepresented minority groups; ticable, that awards under this subsection are
‘‘(E) implementation or expansion of mecha- rity and Policy office within the Office of the
made to a variety of types of institutions of Director with not fewer than four full-time
nisms designed to recognize and reward faculty higher education, including historically Black
members who demonstrate a commitment to in- equivalent positions, in addition to the Chief of
colleges and universities, Tribal Colleges or Uni- Research Security established pursuant to sec-
creasing the participation of students from versities, minority serving institutions, and 2-
underrepresented minority groups in STEM tion 10332. The functions of the Research Secu-
year institutions of higher education. rity and Policy office shall be to coordinate all
fields; ‘‘(5) EDUCATION RESEARCH.—
‘‘(F) expansion of successful reforms aimed at research security policy issues across the Foun-
‘‘(A) IN GENERAL.—All awards made under
increasing the number of STEM students from dation, including by—
this subsection shall include an education re-
underrepresented minority groups beyond a sin- (1) consulting and coordinating with the
search component that will support the design
gle course or group of courses to achieve reform Foundation Office of Inspector General, with
and implementation of a system for data collec-
within an entire academic unit, or expansion of other Federal research agencies, and intel-
tion and evaluation of proposed reform efforts
successful reform efforts beyond a single aca- ligence and law enforcement agencies, and the
in order to build the knowledge base on prom-
demic unit or field to other STEM academic National Science and Technology Council, as
ising models for increasing recruitment and re-
units or fields within an institution of higher appropriate, in accordance with the authority
tention of students from underrepresented mi-
education; provided under section 1746 of the National De-
nority groups in STEM education at the under-
‘‘(G) expansion of opportunities for students fense Authorization Act for Fiscal Year 2020
graduate level across a diverse set of institu-
from underrepresented minority groups to con- (Public Law 116–92; 42 U.S.C. 6601 note), to
tions.
duct STEM research in industry, at Federal identify and address potential security risks
‘‘(B) DISSEMINATION.—The Director of the
labs, and at international research institutions that threaten research integrity and other risks
Foundation shall coordinate with the Committee
or research sites; to the research enterprise and to develop re-
on STEM Education of the National Science
‘‘(H) provision of stipends for students from search security policy and best practices, taking
and Technology Council in disseminating the
underrepresented minority groups participating into account the policy guidelines to be issued
results of the research under this paragraph to
in research; by the Director of the Office of Science and
‘‘(I) development of research collaborations ensure that best practices in broadening partici-
Technology Policy under section 10631 of this
between research-intensive universities and pri- pation in STEM education at the undergraduate
division;
marily undergraduate historically Black colleges level are made readily available to all institu-
(2) serving as a resource at the Foundation for
and universities, Tribal Colleges or Universities, tions of higher education, other Federal agen-
all issues related to the security and integrity of
and minority serving institutions; cies that support STEM programs, non-Federal
the conduct of Foundation-supported research;
‘‘(J) support for graduate students and funders of STEM education, and the general (3) conducting outreach and education activi-
postdoctoral fellows from underrepresented mi- public. ties for recipients on research policies and po-
nority groups to participate in instructional or ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—
tential security risks and on policies and activi-
assessment activities at primarily undergraduate There are authorized to be appropriated to carry
ties to protect intellectual property and informa-
institutions, including primarily undergraduate out this subsection $15,000,000 for each of fiscal
tion about critical technologies relevant to na-
historically Black colleges and universities, years 2023 through 2027.’’.
tional security, consistent with the controls rel-
Tribal Colleges or Universities, and minority SEC. 10330. INTRAMURAL EMERGING RESEARCH
evant to the grant or award;
serving institutions and 2-year institutions of INSTITUTIONS PILOT PROGRAM.
(4) educating Foundation program managers
higher education; and (a) ESTABLISHMENT.—The Director may con- and other directorate staff on evaluating Foun-
‘‘(K) other activities consistent with para- duct multiple pilot programs, including through dation awards and recipients for potential secu-
graph (1), as determined by the Director of the existing programs or other programs authorized rity risks;
Foundation. in this division or division A, within the Foun- (5) communicating reporting and disclosure
‘‘(4) SELECTION PROCESS.— dation to expand the number of institutions of requirements to recipients and applicants for
‘‘(A) APPLICATION.—An institution of higher higher education (including such institutions funding;
education (or a consortium thereof) seeking an that are community colleges), and other eligible (6) performing risk assessments, in consulta-
award under this subsection shall submit an ap- entities that the Director determines appro- tion, as appropriate, with other Federal agen-
plication to the Director of the Foundation at priate, that are able to successfully compete for cies, of Foundation proposals and awards using
such time, in such manner, and containing such Foundation awards. analytical tools to assess nondisclosures of re-
information and assurances as such Director (b) COMPONENTS.—Pilot programs under this quired information;
may require. The application shall include, at a section may include— (7) establishing policies and procedures for
minimum— (1) a mentorship program; identifying, communicating, and addressing se-
‘‘(i) a description of the proposed reform ef- (2) award application writing technical assist- curity risks that threaten the integrity of Foun-
fort; ance; dation-supported research and development,
‘‘(ii) a description of the research findings (3) targeted outreach, including to a histori- working in consultation, as appropriate, with
that will serve as the basis for the proposed re- cally Black college or university, a Tribal col- other Federal agencies, to ensure compliance
form effort or, in the case of applications that lege or university, or a minority-serving institu- with National Security Presidential Memo-
propose an expansion of a previously imple- tion (including a Hispanic-serving institution or randum–33 (relating to strengthening protec-
mented reform, a description of the previously an institution of higher education with an es- tions of United States Government-supported re-
implemented reform effort, including data about tablished STEM capacity building program fo- search and development against foreign govern-
the recruitment, retention, and academic cused on Native Hawaiians or Alaska Natives); ment interference and exploitation) or a suc-
achievement of students from underrepresented (4) programmatic support or solutions for in-
cessor policy document; and
minority groups; stitutions or entities that do not have an experi- (8) in accordance with relevant policies of the
‘‘(iii) evidence of an institutional commitment enced award management office; agency, conducting or facilitating due diligence
to, and support for, the proposed reform effort, (5) an increase in the number of award pro-
with regard to applications for research and de-
including a long-term commitment to implement posal reviewers from institutions of higher edu-
velopment awards from the Foundation prior to
successful strategies from the current reform be- cation that have not traditionally received
making such awards.
yond the academic unit or units included in the funds from the Foundation; or
SEC. 10332. CHIEF OF RESEARCH SECURITY.
award proposal; (6) an increase of the term and funding, for a
‘‘(iv) a description of how the proposed reform period of 3 years or less, as appropriate, for The Director shall appoint a senior agency of-
effort may contribute to, or in the case of appli- awards with a first-time principal investigator, ficial within the Office of the Director as a
cations that propose an expansion of a pre- when paired with regular mentoring on the ad- Chief of Research Security, whose primary re-
viously implemented reforms has contributed to, ministrative aspects of award management. sponsibility shall be to manage the office estab-
change in institutional culture and policy such (c) LIMITATION.—As appropriate, each pilot lished under section 10331.
that a greater value is placed on the recruit- program under this section shall work to reduce SEC. 10333. REPORTING TO CONGRESS.
ment, retention and academic achievement of administrative burdens for recipients and award (a) REPORT ON RESOURCE NEEDS.—Not later
students from underrepresented minority personnel. than 180 days after the date of the enactment of
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groups; (d) AGENCY-WIDE PROGRAMS.—Not later than this Act, the Director shall provide a report to
‘‘(v) a description of existing or planned insti- 5 years after the date of enactment of this Act, the Committee on Science, Space, and Tech-
tutional policies and practices regarding faculty the Director shall— nology of the House of Representatives, the
hiring, promotion, tenure, and teaching assign- (1) review the results of the pilot programs Committee on Commerce, Science, and Transpor-
ment that reward faculty contributions to im- under this section; and tation of the Senate, the Committee on Appro-
proving the education of students from under- (2) develop agencywide best practices from the priations of the House of Representatives, and
represented minority groups in STEM; and pilot programs for implementation across the the Committee on Appropriations of the Senate
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H7322 CONGRESSIONAL RECORD — HOUSE July 28, 2022
on the resources and the number of full time em- SEC. 10338. RESEARCH SECURITY AND INTEGRITY SEC. 10339.
PLAN WITH RESPECT TO CON-
ployees needed to carry out the functions of the INFORMATION SHARING ANALYSIS TROLLED INFORMATION AND BACK-
ORGANIZATION. GROUND SCREENING.
office established in section 10331.
(b) ANNUAL REPORT ON OFFICE ACTIVITIES.— (a) ESTABLISHMENT.—The Director shall enter (a) IN GENERAL.—Not later than 180 days
(1) IN GENERAL.—Not later than one year after into an agreement with a qualified independent after the enactment of this Act, the Director, in
the date of the enactment of this Act and annu- organization to establish a research security consultation with the Director of National Intel-
ally thereafter, the Director shall submit to Con- and integrity information sharing analysis orga- ligence and, as appropriate, other Federal agen-
gress a report on the activities carried out by the nization (referred to in this section as the ‘‘RSI- cies, shall develop a plan to—
Office of Research Security, detailing— ISAO’’), which shall include members described (1) identify research areas supported by the
(A) a description of the activities conducted in subsection (d) and carry out the duties de- Foundation, including in the key technology
by the Office, including administrative actions scribed in subsection (b). focus areas, that may involve access to con-
taken; (b) DUTIES.—The RSI-ISAO shall— trolled unclassified or classified information, in-
(B) such recommendations as the Director (1) serve as a clearinghouse for information to cluding in the key technology focus areas; and
may have for legislative or administrative action help enable the members and other entities in (2) exercise due diligence in granting access,
relating to improving research security; the research community to understand the con- as appropriate, to the CUI or classified informa-
(C) identification and discussion of the gaps text of their research and identify improper or tion identified under paragraph (1) to individ-
in legal authorities that need to be improved to illegal efforts by foreign entities to obtain re- uals working on such research who are employ-
enhance the security of institutions of higher search results, know how, materials, and intel- ees of the Foundation or covered individuals on
education performing research supported by the lectual property; research and development awards funded by the
Foundation; and Foundation.
(2) develop a set of standard risk assessment
(D) information on Foundation Inspector (b) DEFINITIONS.—In this section:
frameworks and best practices, relevant to the
General cases, as appropriate, relating to undue (1) CLASSIFIED INFORMATION.—The term ‘‘clas-
research community, to assess research security
influence and security threats to research and sified information’’ means any information that
risks in different contexts;
development activities funded by the Founda- has been determined pursuant to Executive
tion, including theft of property or intellectual (3) share information concerning security Order 13526, any predecessor or successor order,
property relating to a project funded by the threats and lessons learned from protection and or sections 1-274, 275-321, and 1001-3115 of the
Foundation at an institution of higher edu- response efforts through forums and other forms Atomic Energy Act of 1954 (42 U.S.C. 2011-2021,
cation. of communication; 2022-2286i, 2296a-2297h-13) to require protection
(2) FORM.—The report submitted under para- (4) provide timely reports on research security against unauthorized disclosure and that is so
graph (1) shall be submitted in both unclassified risks to provide situational awareness tailored designated.
and classified formats, as appropriate. to the research and STEM education commu- (2) CONTROLLED UNCLASSIFIED INFORMA-
SEC. 10334. ONLINE RESOURCE. nity; TION.—The term ‘‘controlled unclassified infor-
The Director shall develop an online resource (5) provide training and support, including mation’’ or ‘‘CUI’’ means information described
hosted on the Foundation’s website containing through webinars, for relevant faculty and staff as ‘‘Controlled Unclassified Information’’ under
up-to-date information, tailored for institutions employed by institutions of higher education on Executive Order 13556 or any successor order, to
and individual researchers, including— topics relevant to research security risks and re- require protection against unauthorized disclo-
(1) an explanation of Foundation research se- sponse; sure and that is so designated.
curity policies; (6) enable standardized information gathering SEC. 10339A. FOUNDATION FUNDING TO INSTITU-
(2) unclassified guidance on potential security and data compilation, storage, and analysis for TIONS HOSTING OR SUPPORTING
risks that threaten research integrity and other compiled incident reports; CONFUCIUS INSTITUTES.
risks to the research enterprise; (7) support analysis of patterns of risk and (a) CONFUCIUS INSTITUTE DEFINED.—In this
(3) examples of beneficial international col- identification of bad actors and enhance the section the term ‘‘Confucius Institute’’ means a
laborations and how such collaborations differ ability of members to prevent and respond to re- cultural institute established as a partnership
from foreign government interference efforts search security risks; and between a United States institution of higher
that threaten research integrity; (8) take other appropriate steps to enhance re- education and a Chinese institution of higher
(4) best practices for mitigating security risks search security. education to promote and teach Chinese lan-
that threaten research integrity; and (c) FUNDING.—The Foundation may provide guage and culture that is funded, directly or in-
(5) additional reference materials, including initial funds toward the RSI-ISAO but shall directly, by the Government of the People’s Re-
tools that assist organizations seeking Founda- seek to have the fees authorized in subsection public of China.
tion funding and awardees in information dis- (d)(2) cover the costs of operations at the ear- (b) RESTRICTIONS OF CONFUCIUS INSTITUTES.—
closure to the Foundation. liest practicable time. Except as provided in subsection (d), none of the
SEC. 10335. RESEARCH AWARDS.
(d) MEMBERSHIP.— funds made available to the Foundation under
The Director shall continue to make awards, this division or division A, or an amendment
(1) IN GENERAL.—The RSI-ISAO shall serve
on a competitive basis, to institutions of higher made by this division or division A, may be obli-
and include members representing institutions of
education or non-profit organizations (or con- gated or expended to an institution of higher
higher education, nonprofit research institu-
sortia of such institutions or organizations) to education that maintains a contract or agree-
tions, and small and medium-sized businesses.
support research on the conduct of research and ment between the institution and a Confucius
(2) FEES.—As soon as practicable, members of
the research environment, including research on Institute, unless the Director, after consultation
the RSI-ISAO shall be charged an annual rate
research misconduct or breaches of research in- with the National Academies, determines such a
to enable the RSI-ISAO to cover its costs. Rates
tegrity and detrimental research practices. waiver is appropriate in accordance with sub-
shall be set on a sliding scale based on research
SEC. 10336. AUTHORITIES. section (c).
and development expenditures to ensure that
In addition to existing authorities for pre- (c) WAIVER.—The Director, after consultation
membership is accessible to a diverse community
venting waste, fraud, abuse, and mismanage- with the National Academies, may issue a waiv-
of stakeholders and ensure broad participation.
ment of Federal funds, the Director, acting er for an institution of higher education that
The RSI-ISAO shall develop a plan to sustain
through the Office of Research Security and maintains a contract or agreement between the
the RSI-ISAO without Federal funding, as prac-
Policy and in coordination with the Founda- institution and a Confucius Institute if such
ticable.
tion’s Office of Inspector General, shall have contract or agreement includes clear provisions
(e) BOARD OF DIRECTORS.—The RSI-ISAO that—
the authority to conduct risk assessments, in-
may establish a board of directors to provide (1) protect academic freedom at the institu-
cluding through the use of open-source analysis
guidance for policies, legal issues, and plans tion;
and analytical tools, of research and develop-
and strategies of the entity’s operations. The (2) prohibit the application of any foreign law
ment award applications and disclosures to the
board shall include a diverse group of stake- on any campus of the institution;
Foundation.
holders representing the research community, (3) grant full managerial authority of the
SEC. 10337. RESPONSIBLE CONDUCT IN RE-
including academia, industry, and experienced Confucius Institute to the institution, including
SEARCH TRAINING.
research security administrators. full control over what is being taught, the ac-
Section 7009 of the America Creating Opportu-
(f) STAKEHOLDER ENGAGEMENT.—In estab- tivities carried out, the research awards that are
nities to Meaningfully Promote Excellence in
lishing the RSI-ISAO under this section, the Di- made, and who is employed at the Confucius In-
Technology, Education, and Science Act (42
rector shall take necessary steps to ensure the stitute; and
U.S.C. 1862o–1) is amended by—
(1) striking ‘‘and postdoctoral researchers’’ services provided are aligned with the needs of (4) prohibit co-location with the institution’s
and inserting ‘‘postdoctoral researchers, faculty, the research community, including by— Chinese language, history, and cultural pro-
and other senior personnel’’; and (1) convening a series of workshops or other grams and require separate promotional mate-
dlhill on DSK120RN23PROD with HOUSE
(2) by striking the period and inserting the multi-stakeholder events; or rials.
following: ‘‘, including— (2) publishing a description of the services the (d) SPECIAL RULE.—
‘‘(1) mentor training and mentorship; RSI-ISAO intends to provide and the require- (1) IN GENERAL.—Notwithstanding any other
‘‘(2) training to raise awareness of potential ments for membership in the Federal Register provision of this section, this section shall not
research security threats; and and provide an opportunity for submission of apply to an institution of higher education if
‘‘(3) Federal export control, disclosure, and re- public comments for a period of not less than 60 that institution has fulfilled the requirements
porting requirements.’’. days. for a waiver from the Department of Defense as
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7323
described under section 1062 of the National De- effectiveness, and availability of resources for risks to society, including the technical and so-
fense Authorization Act for Fiscal Year 2021 implementing the Broader Impacts review cri- cial solutions identified pursuant to subsection
(Public Law 116–283). terion, including— (b)(1).
(2) EXCEPTION.—Notwithstanding any other (1) training and workshops for program offi- (e) ANNUAL REPORT.—The Director shall en-
provision of this section, the prohibition under cers, merit review panelists, award office admin- courage recipients to update their consideration
subsection (b) shall not apply to amounts pro- istrators, faculty, and students to improve un- of potential risks and benefits as appropriate as
vided to students as educational assistance. derstanding of the goals and the full range of part of the annual reports required by all
(e) EFFECTIVE DATE.—The limitation under potential broader impacts available to research- awardees under the award terms and condi-
subsection (b) shall apply with respect to the ers to satisfy this criterion; tions.
first fiscal year that begins after the date that (2) repositories and clearinghouses for sharing SEC. 10344. RESEARCH REPRODUCIBILITY AND
is two years after the date of the enactment of best practices and facilitating collaboration; and REPLICABILITY.
this Act and to any subsequent fiscal year sub- (3) tools for evaluating and documenting soci- (a) IN GENERAL.—Consistent with existing
ject to subsection (f). etal impacts of research. Federal law for privacy, intellectual property,
(f) SUNSET.—This section shall cease to be ef- SEC. 10342. SENSE OF CONGRESS. and security, the Director shall facilitate public
fective on the date that is five years after the It is the sense of Congress that the Director access to research products, including data,
date of the enactment of this Act. should continue to identify opportunities to re- software, and code, developed as part of Foun-
SEC. 10339B. FOREIGN FINANCIAL SUPPORT. duce the administrative burden on researchers. dation-supported projects.
(a) IN GENERAL.—The Director shall request, (b) DATA MANAGEMENT PLANS.—
SEC. 10343. RESEARCH ETHICS. (1) IN GENERAL.—The Director shall require
on an annual basis, from a recipient institution (a) SENSE OF CONGRESS.—It is the sense of
of higher education a disclosure, in the form of that every proposal for funding for research in-
Congress that— clude a machine-readable data management
a summary document, from the institution, a (1) a number of emerging areas of research
foundation of the institution, and related enti- plan that includes a description of how the
have potential ethical, social, safety, and secu- awardee will archive and preserve public access
ties such as any educational, cultural, or lan- rity implications that might be apparent as
guage entity, of the current financial support, to data, software, and code developed as part of
early as the basic research stage; the proposed project.
the value of which is $50,000 or more, including (2) the incorporation of ethical, social, safety, (2) REQUIREMENTS.—In carrying out the re-
gifts and contracts, received directly or indi- and security considerations into the research quirement in paragraph (1), the Director shall—
rectly from a foreign source (as such term is de- design and review process for Federal awards, (A) provide necessary resources, including
fined in section 117 of the Higher Education Act may help mitigate potential harms before they trainings and workshops, to educate researchers
of 1965 (20 U.S.C. 1011f(h)(2))) associated with a happen; and students on how to develop and review high
foreign country of concern. (3) the Foundation’s agreement with the Na- quality data management plans;
(b) RECORDS.—Each disclosure to the Director tional Academies to conduct a study and make (B) ensure program officers and merit review
under this section shall be made on the condi- recommendations with respect to governance of panels are equipped with the resources and
tion that the institution will maintain a true research in emerging technologies is a positive training necessary to review the quality of data
copy of the relevant records subject to the dis- step toward accomplishing this goal; and management plans; and
closure requirement until the latest of— (4) the Foundation should continue to work (C) ensure program officers and merit review
(1) the date that is four years after the date with stakeholders to promote best practices for panels treat data management plans as essential
of the agreement; governance of research in emerging technologies elements of award proposals, where appropriate.
(2) the date on which the agreement termi- (c) OPEN REPOSITORIES.—The Director shall—
at every stage of research.
nates; or (1) consult with the heads of other Federal re-
(b) INCORPORATION OF ETHICS CONSIDER-
(3) the last day of any period that applicable search agencies, as appropriate, and solicit
ATIONS.—Drawing on stakeholder input, not
State public record law requires a true copy of input from the scientific community, to develop
later than 24 months after the date of enactment
such agreement to be maintained. and widely disseminate a set of criteria for
of this Act, the Director shall revise proposal in-
(c) DOCUMENTATION.—Upon review of the dis- trusted open repositories to be used by Founda-
structions to require that ethical and societal
closures under this section, the Director may re- tion-funded researchers, accounting for dis-
considerations are to be included as part of a
quest that a recipient institution provide true cipline-specific needs and necessary protections
proposal for funding prior to making the award,
copies of any contracts, agreements, or docu- for sensitive information;
where such considerations are applicable. Such
mentation of financial transactions associated (2) work with stakeholders to identify signifi-
considerations shall be evaluated by the Direc-
with disclosures made under this section. cant gaps in available repositories meeting the
tor in the review of proposals, taking into ac-
(d) OFFICE OF THE INSPECTOR GENERAL.—The criteria developed under paragraph (1) and op-
count any relevant input from the peer-review-
Director, acting through the Office of Research tions for supporting the development of addi-
ers for the proposal, and shall factor into award
Security and Policy in coordination with the tional or enhanced repositories;
decisions, as deemed necessary by the Director.
Foundation’s Office of Inspector General and in (3) make awards on a competitive basis to in-
When incorporating such considerations, pro-
consultation with the recipient institution, may stitutions of higher education or non-profit or-
posers may include, as appropriate—
reduce the award funding amount or suspend or ganizations (or consortia of such institutions or
(1)(A) any readily foreseeable or quantifiable
terminate the award if the Director determines— organizations) for the development, upgrades,
(1) such institution fails to comply with the risks to society, including how the research
and maintenance of open data repositories that
records retention requirement in subsection (b) could enable products, technologies, or other
meet the criteria developed under paragraph (1);
or fails to provide information requested under outcomes that could intentionally or uninten- (4) work with stakeholders and build on exist-
this section; or tionally cause significant societal harm; or ing models, where appropriate, to establish a
(2) the Chief of Research Security determines (B) an assertion that no readily foreseeable single, public, web-based point of access to help
the disclosures under this section indicate a potential ethical, social, safety, or security im- users locate repositories storing data, software,
threat to research security. plications are apparent; and code resulting from or used in Foundation-
(2) how technical or social solutions can miti- supported projects;
SEC. 10339C. AUTHORIZATION OF APPROPRIA-
TIONS. gate such risks and, as appropriate, a plan to (5) work with stakeholders to establish the
implement such mitigation measures; and necessary policies and procedures and allocate
From any amounts appropriated for the Foun-
(3) how partnerships and collaborations in the the necessary resources to ensure, as prac-
dation for each of fiscal years 2023 through
research can help mitigate potential harm and ticable, data underlying published findings re-
2027, the Director shall allocate $6,000,000 to
amplify potential societal benefits. sulting from Foundation-supported projects are
carry out the activities under this subtitle.
(c) GUIDANCE.—The Director shall solicit deposited in repositories meeting the criteria de-
Subtitle E—Fundamental Research stakeholder input to develop clear guidance on veloped under paragraph (1) at the time of pub-
SEC. 10341. BROADER IMPACTS. what constitutes a readily foreseeable or quan- lication;
(a) ASSESSMENT.—Not later than 120 days tifiable risk as described in subsection (b)(1), (6) incentivize the deposition of data, soft-
after the date of enactment of this Act, the Di- and to the extent practicable harmonize this ware, and code into repositories that meet the
rector shall enter into an agreement with a policy with existing ethical policies or related criteria developed under paragraph (1); and
qualified independent organization to assess requirements for human subjects. (7) coordinate with the scientific publishing
how the Broader Impacts review criterion is ap- (d) RESEARCH.—The Director shall make community and the heads of other relevant Fed-
plied across the Foundation and make rec- awards, on a competitive basis, to institutions of eral departments and agencies to support the
ommendations for improving the effectiveness higher education or non-profit organizations (or development of voluntary consensus standards
for meeting the goals established in section 526 consortia of such institutions or organizations) around data archiving and sharing.
of the America Creating Opportunities to Mean- to support— (d) RESEARCH, DEVELOPMENT, AND EDU-
ingfully Promote Excellence in Technology, (1) research to assess the potential ethical and CATION.—The Director shall make awards, on a
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Education, and Science Reauthorization Act of societal implications of Foundation- supported competitive basis to institutions of higher edu-
2010 (42 U.S.C. 1862p–14). research and products or technologies enabled cation or non-profit organizations (or consortia
(b) ACTIVITIES.—The Director shall make by such research, including the benefits and of such institutions or organizations) to—
awards on a competitive basis, to institutions of risks identified pursuant to subsection (b)(1); (1) support research and development of open
higher education or non-profit organizations (or and source, sustainable, usable tools and infrastruc-
consortia of such institutions or organizations) (2) the development and verification of ap- ture that support reproducibility for a broad
to support activities to increase the efficiency, proaches to proactively mitigate foreseeable range of studies across different disciplines;
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H7324 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(2) support research on computational repro- (B) collaborative research and development cluding through binational research and devel-
ducibility, including the limits of reproducibility partnerships among universities, industry, and opment organizations and foundations and by
and the consistency of computational results in non-profit organizations; sending teams of Foundation scientific staff for
the development of new computation hardware, (C) integrating sustainable chemistry prin- site visits of scientific facilities and agencies in
tools, and methods; and ciples into elementary, secondary, under- other countries. The Director shall establish and
(3) support the education and training of stu- graduate, and graduate chemistry and chemical implement policies, including through any re-
dents, faculty, and researchers on computa- engineering curriculum and research training, search security training requirements, to miti-
tional methods, tools, and techniques to improve as appropriate to that level of education and gate the potential risks of such interactions, in-
the quality and sharing of data, code, and sup- training; and cluding risks to the protection of intellectual
porting metadata to produce reproducible re- (2) incorporating sustainable chemistry into property and the risk of undue foreign influence
search. existing Foundation research and development on research.
SEC. 10345. CLIMATE CHANGE RESEARCH. programs. SEC. 10355.
BIOLOGICAL RESEARCH COLLEC-
The Director shall make awards, on a com- SEC. 10351. RISK AND RESILIENCE RESEARCH. TIONS.
petitive basis, to institutions of higher education The Director shall make awards on a competi- (a) IN GENERAL.—The Director shall continue
or non-profit organizations (or consortia of such tive basis to institutions of higher education or to support databases, tools, methods, and other
institutions or organizations) to support re- non-profit organizations (or consortia of such activities that secure and improve existing phys-
search to improve our understanding of the cli- institutions or organizations) to advance knowl- ical and digital biological research collections,
mate system and related human and environ- edge of risk assessment and predictability and to improve the accessibility of collections and col-
mental systems. support the creation of tools and technologies, lection-related data for research and edu-
SEC. 10346. SOCIAL, BEHAVIORAL, AND ECONOMIC including advancing data analytics and utiliza- cational purposes, develop capacity for curation
SCIENCES. tion of artificial intelligence, for increased resil- and collection management, and to transfer
The Director shall— ience through— ownership of collections that are significant to
(1) actively communicate opportunities and (1) improvements in our ability to understand, the biological research community, including to
solicit proposals for social, behavioral, and eco- model, and predict extreme events and natural museums and universities.
nomic science researchers to participate in cross- hazards; (b) SPECIMEN MANAGEMENT PLAN.—In con-
cutting and interdisciplinary programs, includ- (2) the creation of novel engineered systems sultation with other relevant Federal research
ing the Convergence Accelerator and agency solutions for resilient complex infrastructures, agencies, and as the Director determines is ap-
priority activities, and the Mid-Scale Research particularly those that address critical inter- propriate, the Director shall require that pro-
Infrastructure program; and dependence among infrastructures and leverage posals submitted to the Foundation for funding
(2) ensure social, behavioral, and economic the growing infusion of cyber-physical-social for research that involves collecting or gener-
science researchers are represented on relevant components into the infrastructures; ating specimens include, as part of the data
merit review panels for such activities. (3) development of equipment and instrumen- management plan under section 10344, a descrip-
SEC. 10347. MEASURING IMPACTS OF FEDERALLY tation for innovation in resilient engineered in- tion of how the specimens and associated data
FUNDED RESEARCH AND DEVELOP- frastructures; will be accessioned into and maintained in an
MENT.
(4) multidisciplinary research on the behaviors established biological collection.
The Director shall make awards on a competi- individuals and communities engage in to de- (c) ACTION CENTER FOR BIOLOGICAL COLLEC-
tive, merit-reviewed basis to institutions of high- tect, perceive, understand, predict, assess, miti- TIONS.—In coordination with other relevant
er education or non-profit organizations (or gate, and prevent risks and to improve and in- Federal research agencies, as appropriate, the
consortia of such institutions or organizations) crease resilience; and Director shall make awards on a competitive
to support research and development of data, (5) advancements in multidisciplinary wildfire basis to institutions of higher education or non-
models, indicators, and associated analytical science, including those related to air quality profit organizations (or consortia of such insti-
tools to improve our understanding of the im- impacts, human behavior, and early detection tutions or organizations) to facilitate coordina-
pacts of Federally funded research on society, and warning. tion and data sharing among communities of
the economy, and the workforce, including do- practice for research, education, workforce
SEC. 10352. UNMANNED AIRCRAFT SYSTEMS
mestic job creation. TECHNOLOGIES. training, evaluation, and business model devel-
SEC. 10348. FOOD-ENERGY-WATER RESEARCH.
In coordination with the Administrator of the opment, including by establishing an Action
The Director shall make awards on a competi- Federal Aviation Administration and the Ad- Center for Biological Collections.
tive basis to institutions of higher education or ministrator of the National Aeronautics and SEC. 10356. CLEAN WATER RESEARCH AND TECH-
non-profit organizations (or consortia of such Space Administration, the Director shall carry NOLOGY ACCELERATION.
institutions or organizations) to— out a program of research and related activities The Director shall make awards on a competi-
(1) support research to significantly advance related to unmanned aircraft system tech- tive, merit-reviewed basis to institutions of high-
our understanding of the food-energy-water sys- nologies, which may include a prize competition er education or non-profit organizations (or
tem through quantitative and computational pursuant to section 24 of the Stevenson-Wydler consortia of such institutions or organizations)
modeling, including support for relevant Technology Innovation Act of 1980 (15 U.S.C. to—
cyberinfrastructure; 3719) and support for undergraduate and grad- (1) support transdisciplinary research to sig-
(2) develop real-time, cyber-enabled interfaces
uate curriculum development. nificantly advance our understanding of water
that improve understanding of the behavior of
SEC. 10353. ACCELERATING UNMANNED MARI- availability, quality, and dynamics and the im-
food-energy-water systems and increase decision
TIME SYSTEMS TECHNOLOGIES. pact of human activity and a changing climate
support capability;
(3) support research that will lead to innova- (a) IN GENERAL.—In order to support ad- on urban and rural water and wastewater sys-
tive solutions to critical food-energy-water sys- vances in marine science, maritime domain tems, including in low-income, underserved, and
tem problems; and awareness, and national security the Director, disadvantaged communities;
(4) grow the scientific workforce capable of in consultation with the Under Secretary of (2) develop, pilot, and deploy innovative tech-
studying and managing the food-energy-water Commerce for Oceans and Atmosphere and the nologies, systems, and other approaches to iden-
system, through education and other profes- Commandant of the Coast Guard, shall issue tifying and addressing challenges that affect
sional development. awards, on a competitive basis, to institutions of water availability, quality, and security, includ-
SEC. 10349. BIOLOGICAL FIELD STATIONS AND higher education or nonprofit organizations (or ing through direct engagement with affected
MARINE LABORATORIES. consortia of such institutions or organizations) communities and partnerships with the private
The Director shall continue to support en- to support research that will accelerate innova- sector, State, territorial, Tribal, and local gov-
hancing, repairing and maintaining research in- tion to advance unmanned maritime systems for ernments, non-profit organizations and water
strumentation, laboratories, telecommunications the purpose of providing greater maritime do- management professionals; and
and housing at biological field stations and ma- main awareness to the Nation. (3) grow the scientific workforce capable of
rine laboratories. (b) COORDINATION.—In implementing this sec- studying and managing water and wastewater
SEC. 10350. SUSTAINABLE CHEMISTRY RESEARCH tion, the Director shall coordinate with the systems and of conducting wastewater surveil-
AND EDUCATION. Coast Guard, the Department of Defense, the lance, through education, training, and other
In accordance with section 263 of the National National Oceanic and Atmospheric Administra- professional development.
Defense Authorization Act for Fiscal Year 2021, tion, and other Federal agencies, including SEC. 10357.
TECHNOLOGY AND BEHAVIORAL
the Director shall carry out activities in support those established under the Commercial Engage- SCIENCE RESEARCH.
of sustainable chemistry, including— ment Through Ocean Technology Act of 2018 (a) IN GENERAL.—The Director shall make
(1) establishing a program to make awards, on (Public Law 115–394). awards on a merit-reviewed, competitive basis
a competitive basis, to institutions of higher SEC. 10354. LEVERAGING INTERNATIONAL EXPER- for research and development to—
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education or non-profit organizations (or con- TISE IN RESEARCH. (1) increase understanding of social media
sortia of such institutions or organizations) to The Director shall explore and advance oppor- and consumer technology access and use pat-
support— tunities for leveraging international capabilities terns and related mental health, behavioral,
(A) individual investigators and teams of in- and resources that align with the Foundation and substance use disorder issues, particularly
vestigators, including to the extent practicable, and United States research community priorities for children and adolescents; and
early career investigators for research and de- and have the potential to benefit United States (2) explore the role of social media and con-
velopment; prosperity, security, health, and well-being, in- sumer technology in rising rates of mental
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7325
health and substance use disorder issues, in- programs across the Foundation and Federal cluding a roadmap that identifies key research
cluding within communities experiencing long- Government. and development needs and coordinates on-
term economic distress. (b) CRITICAL MATERIALS INTERAGENCY SUB- going activities for source diversification, more
(b) COORDINATION TO AVOID DUPLICATION.— COMMITTEE.— efficient use, recycling, and substitution for crit-
In making awards under this subsection, the Di- (1) IN GENERAL.—The Critical Minerals Sub- ical materials; as well as cross-cutting mining
rector shall, for purposes of avoiding duplica- committee of the National Science and Tech- science, data science techniques, materials
tion of activities and research, consult, collabo- nology Council (referred to in this section as the science, manufacturing science and engineering,
rate, and coordinate with the heads of other rel- ‘‘Subcommittee’’), shall coordinate Federal computational modeling, and environmental
evant Federal departments and agencies, in- science and technology efforts to ensure secure, health and safety research and development;
cluding the Department of Health and Human reliable, and environmentally sustainable sup- (H) assess the need for, and make rec-
Services. plies of critical materials to the United States. ommendations concerning, the availability and
SEC. 10358. MANUFACTURING RESEARCH AMEND- (2) PURPOSES.—The purposes of the Sub- adequacy of the supply of technically trained
MENT. committee shall be— personnel necessary for critical materials re-
Section 506(a) of the America COMPETES Re- (A) to advise and assist the National Science search, development, extraction, and industrial
authorization Act of 2010 (42 U.S.C. 1862p–1(a)) and Technology Council, including the Com- production, with a particular focus on the prob-
is amended— mittee on Homeland and National Security, on lem of attracting and maintaining high-quality
(1) in paragraph (5), by striking ‘‘and’’ at the United States policies, procedures, and plans as professionals for maintaining an adequate sup-
end; it relates to critical materials, including— ply of energy critical materials; and
(2) in paragraph (6)— (i) Federal research, development, and com- (I) report to the appropriate Congressional
(A) by striking ‘‘and’’ before ‘‘virtual manu- mercial application efforts to minimize the envi- committees on activities and findings under this
facturing’’; and ronmental impacts of methods for extractions, section.
(B) by striking the period at the end and in- concentration, separation and purification of (c) DEFINITIONS OF CRITICAL MINERAL AND
serting ‘‘; and artificial intelligence and ma- conventional, secondary, and unconventional CRITICAL MINERAL OR METAL.—In this section,
chine learning; and’’; and sources of critical materials; the terms ‘‘critical mineral’’ and ‘‘critical min-
(3) by adding at the end the following: (ii) efficient use, substitution, and reuse of eral or metal’’ include any host mineral of a
‘‘(7) additive manufacturing, including new critical materials; critical mineral (within the meaning of those
material designs, complex materials, rapid print- (iii) the critical materials workforce of the terms in section 7002 of title VII of division Z of
ing techniques, and real-time process controls.’’. United States; and the Consolidated Appropriations Act, 2021 (Pub-
(iv) United States private industry invest- lic Law 116–260)).
SEC. 10359. CRITICAL MINERALS MINING RE-
ments in innovation and technology transfer SEC. 10360. STUDY OF AI RESEARCH CAPACITY.
SEARCH AND DEVELOPMENT.
from federally funded science and technology; (a) IN GENERAL.—The Director shall conduct
(a) CRITICAL MINERALS MINING RESEARCH AND (B) to identify emerging opportunities, stimu-
DEVELOPMENT AT THE FOUNDATION.— a study or support the development of a study
late international cooperation, and foster the by a qualified independent organization as de-
(1) IN GENERAL.—In order to support supply development of secure and reliable supply
chain resiliency, the Director shall make termined by the Director, on artificial intel-
chains of critical materials and establish sce- ligence research capacity at United States insti-
awards, on a competitive basis, to institutions of nario modeling systems for supply problems of
higher education or nonprofit organizations (or tutions of higher education.
critical materials and energy critical materials; (b) STUDY CONTENTS.—The Director shall en-
consortia of such institutions or organizations) (C) to ensure the transparency of information
to support basic research that will accelerate in- sure that, at a minimum, the study under sub-
and data related to critical materials; and section (a) addresses the following topics:
novation to advance critical minerals mining (D) to provide recommendations on coordina- (1) Which universities are putting out signifi-
strategies and technologies for the purpose of tion and collaboration among the research, de- cant peer-reviewed artificial intelligence re-
making better use of domestic resources and velopment, and deployment programs and ac- search, including based on quantity and number
eliminating national reliance on minerals and tivities of Federal agencies to promote a secure of citations.
mineral materials that are subject to supply dis- and reliable supply of critical materials nec- (2) For each of the universities described in
ruptions. essary to maintain national security, economic paragraph (1), what specific factors enable their
(2) USE OF FUNDS.—Activities funded by an well-being, public health, and industrial pro- AI research, including computing power, data
award under this section may include— duction. set availability, specialized curriculum, faculty
(A) advancing mining research and develop- (3) RESPONSIBILITIES.—In carrying out this and graduate students, sources of Federal and
ment activities to develop new mapping and subsection, the Subcommittee may, taking into non-Federal research funding, and industry
mining technologies and techniques, including account the findings and recommendations of and other partnerships.
advanced critical mineral extraction and pro- relevant advisory committees— (3) Promising practices at universities de-
duction, separation, alloying, or processing (A) provide recommendations on how Federal scribed in paragraph (1) for advancing diversity,
techniques and technologies that can decrease agencies may improve the topographic, geologic, equity, and inclusion in AI research programs.
energy intensity to improve existing or to de- and geophysical mapping of the United States (4) Geographic diversity across the country of
velop new supply chains of critical minerals, and improve the discoverability, accessibility, universities with the factors identified in para-
and to yield more efficient, economical, and en- and usability of the resulting and existing data, graph (2).
vironmentally benign mining practices; to the extent permitted by law and subject to ap- (5) How universities not included in para-
(B) advancing critical mineral processing re- propriate limitation for purposes of privacy and graph (1) could implement the factors in para-
search activities to improve separation, alloying, security; graph (2) to produce AI research, as well as case
manufacturing, or recycling techniques and (B) assess the progress towards developing studies that universities can look to as examples
technologies that can decrease the energy inten- critical materials recycling and reprocessing and potential pilot programs that the Federal
sity, waste, potential environmental impact, and technologies, and technological alternatives to Government could develop or support to help
costs of those activities; critical materials; universities produce AI research.
(C) conducting long-term earth observation of (C) establish a mechanism for the coordina- (c) WORKSHOPS.—The Director may support
reclaimed mine sites, including the study of the tion and evaluation of Federal programs with workshops to help inform the study required
evolution of microbial diversity at such sites; critical material needs, including Federal pro- under this subsection.
(D) examining the application of artificial in- grams involving research and development, in a (d) PUBLICATION.—The Director shall ensure
telligence for geological exploration of critical manner that complements related efforts carried that the study carried out under this subsection
minerals, including what size and diversity of out by the private sector and other domestic and is made publicly available not later than 12
data sets would be required; international agencies and organizations; months after the date of enactment of this Act.
(E) examining the application of machine (D) examine options for accessing and devel- (e) AVOID DUPLICATION.—The Director shall
learning for detection and sorting of critical oping critical materials through investment and ensure that the activities carried out under this
minerals, including what size and diversity of trade with our allies and partners and provide section are not duplicative of activities sup-
data sets would be required; recommendations; ported by other parts of the Foundation or other
(F) conducting detailed isotope studies of crit- (E) evaluate and provide recommendations to relevant Federal agencies, including but not
ical minerals and the development of more re- incentivize the development and use of advances limited to the activities of the National AI Re-
fined geologic models; in science and technology in the private indus- search Resource Task Force.
(G) improved understanding of the geological try; SEC. 10361. ADVANCING IOT FOR PRECISION AG-
and geochemical processes through which crit- (F) assess the need for and make recommenda- RICULTURE CAPABILITIES ACT.
ical minerals form and are concentrated into tions to address the challenges the United States (a) SHORT TITLE.—This section may be cited
economically viable deposits; or critical materials supply chain workforce faces, as the ‘‘Advancing IoT for Precision Agriculture
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(H) providing training and research opportu- including aging and retiring personnel and fac- Act of 2021’’.
nities to undergraduate and graduate students ulty, and foreign competition for United States (b) PURPOSE.—It is the purpose of this section
to prepare the next generation of mining engi- talent; to promote scientific research and development
neers and researchers. (G) develop, and update as necessary, a stra- opportunities for connected technologies that
(3) EXISTING PROGRAMS.—The Director shall tegic plan to guide Federal programs and activi- advance precision agriculture capabilities.
ensure awards made under this subsection are ties to enhance scientific and technical capabili- (c) FOUNDATION DIRECTIVE ON AGRICULTURAL
complementary and not duplicative of existing ties across critical material supply chains, in- SENSOR RESEARCH.—In making awards under
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H7326 CONGRESSIONAL RECORD — HOUSE July 28, 2022
the sensor systems and networked systems pro- (3) supporting workshops related to the poten- (6) The Arecibo Observatory had the best
grams of the Foundation, the Director shall in- tial impact of satellite constellations on sci- planetary radar system in the world, used by
clude in consideration of portfolio balance re- entific research and how those constellations the National Aeronautics and Space Adminis-
search and development on sensor connectivity could be used to improve scientific research. tration for near-Earth object detection and was
in environments of intermittent connectivity and SEC. 10363. RESEARCH ON THE IMPACT OF INFLA- an essential part of the agency’s planetary de-
intermittent computation— TION. fense program.
(1) to improve the reliable use of advance (a) IN GENERAL.—The Director may make (7) The planetary radar at the Arecibo Ob-
sensing systems in rural and agricultural areas; awards, on a competitive merit-reviewed basis, servatory has contributed fundamentally and
and to institutions of higher education or nonprofit significantly to the knowledge of the solar sys-
(2) that considers— organizations (or consortia of such institutions tem.
(A) direct gateway access for locally stored or organizations) to support research to improve (8) The Arecibo Observatory’s Incoherent
data; our understanding of the impact of inflation. Scatter Radar and supporting facilities have
(B) attenuation of signal transmission; (b) USE OF FUNDS.—Activities funded by an provided fundamental understanding of the
(C) loss of signal transmission; and award under this section may include— ionosphere and upper atmosphere, and the
(D) at-scale performance for wireless power. (1) measuring the economic impact of inflation interface between the atmosphere and space
(d) UPDATING CONSIDERATIONS FOR PRECISION on the American people, including an analysis that protects the planet from solar wind, mete-
AGRICULTURE TECHNOLOGY WITHIN THE NSF of cost-of-living and wage impacts; ors, and other potential threats.
ADVANCED TECHNICAL EDUCATION PROGRAM.— (2) considering the impact of inflation on (9) December 1, 2021, marks the 1-year anni-
Section 3 of the Scientific and Advanced-Tech- American international competitiveness; versary of the uncontrolled collapse sustained
nology Act of 1992 (42 U.S.C. 1862i), as amended (3) evaluating the impact of inflation on rural by the radio telescope after a series of cable fail-
by section 10312, is further amended— and underserved communities throughout the ures in tower 4.
(1) in subsection (d)(2), by adding at the end country; (b) SENSE OF CONGRESS.—It is the sense of
the following: (4) assessing the ways inflation could impact Congress that the Congress—
‘‘(G) applications that incorporate distance future American generations; and (1) acknowledges the loss of the Arecibo Ob-
learning tools and approaches.’’; and (5) evaluating the impact of policymaking on servatory’s radio telescope due to its collapse
(2) in subsection (e)(3)— inflation, including the impact of further Gov- and its implications for the loss of a unique
(A) in subparagraph (C), by striking ‘‘and’’ ernment spending. world-class multidisciplinary science facility
after the semicolon; (c) COORDINATION TO AVOID DUPLICATION.— which conducted research in the areas of space
(B) in subparagraph (D), by striking the pe- In making awards under this section, the Direc- and atmospheric sciences, radar astronomy and
riod at the end and inserting ‘‘; and’’; and tor shall, for purposes of avoiding duplication of planetary sciences, astronomy, and astro-
(C) by adding at the end the following: activities and research, consult, collaborate, and physics;
‘‘(E) applications that incorporate distance coordinate with the programs and policies of (2) acknowledges that the uncontrolled col-
learning tools and approaches.’’. other relevant Federal agencies. lapse of the 305-meter radio telescope represents
(e) GAO REVIEW.—Not later than 18 months SEC. 10364. MICROGRAVITY UTILIZATION POLICY. a loss of astronomical observation capabilities,
after the date of enactment of this section, the (a) SENSE OF CONGRESS.—It is the sense of scientific research and development, planetary
Comptroller General of the United States shall Congress that space technology and the utiliza- defense capabilities, and applied science capa-
provide— tion of the microgravity environment for science, bilities for the United States;
(1) a technology assessment of precision agri- engineering, and technology development is crit- (3) recognizes the rich scientific, educational,
culture technologies, such as the existing use ical to long-term competitiveness with near-peer and economic benefits that the Arecibo Tele-
of— competitors, including China. scope has made to the people of Puerto Rico, the
(A) sensors, scanners, radio-frequency identi- (b) POLICY.—To the extent appropriate during Nation, and the world;
fication, and related technologies that can mon- an award period, the Foundation shall facilitate (4) recognizes the work and contributions
itor soil properties, irrigation conditions, and access by recipients of Foundation awards to made by the thousands of dedicated staff who
plant physiology; the microgravity environment, including in pri- have supported the Arecibo Observatory for
(B) sensors, scanners, radio-frequency identi- vate sector platforms, for the development of close to 6 decades;
fication, and related technologies that can mon- science, engineering, and technology relevant to (5) commends the National Science Founda-
itor livestock activity and health; the award. tion for convening a virtual workshop in June
(C) network connectivity and wireless commu- (c) REPORT.—Not later than 180 days after the 2021, to explore ideas for future scientific and
nications that can securely support digital agri- date of enactment of this Act, the Director shall educational activities at the Arecibo Observ-
culture technologies in rural and remote areas; provide to the appropriate committees of Con- atory; and
(D) aerial imagery generated by satellites or gress a report on the Foundation’s plan for fa- (6) encourages the National Science Founda-
unmanned aerial vehicles; cilitating awardee access to the microgravity en- tion, in consultation with other Federal agen-
(E) ground-based robotics; vironment.
(F) control systems design and connectivity, cies, to explore opportunities for strengthening
SEC. 10365. RECOGNITION OF THE ARECIBO OB- and expanding the role of the Arecibo Observ-
such as smart irrigation control systems; SERVATORY.
(G) Global Positioning System-based applica- atory in Puerto Rico through education, out-
(a) FINDINGS.—Congress finds the following: reach, and diversity programs, and future re-
tions; and (1) The Department of Defense began devel-
(H) data management software and advanced search capabilities and technology at the site.
oping the Arecibo Observatory located in Barrio
analytics that can assist decision making and Esperanza, Arecibo, Puerto Rico, during the Subtitle F—Research Infrastructure
improve agricultural outcomes; and 1950s, and its characteristic instrument, a large SEC. 10371. FACILITY OPERATION AND MAINTE-
(2) a review of Federal programs that provide radio telescope of 305 meters in diameter was NANCE.
support for precision agriculture research, de- completed in 1963. (a) IN GENERAL.—The Director shall continue
velopment, adoption, education, or training, in (2) The facility was later owned by the Na- the Facility Operation Transition pilot program
existence on the date of enactment of this sec- tional Science Foundation, and supported by for a total of 5 years.
tion. the National Aeronautics and Space Adminis- (b) COST SHARING.—The Facility Operation
SEC. 10362. ASTRONOMY AND SATELLITE CON- tration and various university partners. Transition program shall provide funding for 10
STELLATIONS. (3) The Arecibo Observatory’s 305-meter fixed to 50 percent of the operations and maintenance
The Director shall support research into and spherical radio telescope, was the world’s larg- costs for major research facilities that are with-
the design, development, and testing of mitiga- est single-dish radio telescope until the Five- in the first five years of operation, where the
tion measures to address the potential impact of Hundred-Meter Aperture Spherical Radio Tele- share is determined based on—
satellite constellations on Foundation scientific scope located in Gizhou, China, began observing (1) the operations and maintenance costs of
programs by— in 2016. the major research facility; and
(1) making awards on a competitive basis to (4) The 305-meter radio telescope made unpar- (2) the capacity of the managing directorate
support study of the potential impacts of sat- alleled contributions to the fields of radio as- or division to absorb such costs.
ellite constellations on ground-based optical, in- tronomy, planetary, and atmospheric sciences, (c) REPORT.—After the fifth year of the pilot
frared, and radio astronomy, including through and played a role in inspiring thousands of stu- program, the Director shall transmit a report to
existing programs such Spectrum and Wireless dents in Puerto Rico, the Nation, and the world Congress that includes—
Innovation enabled by Future Technologies to pursue careers in STEM fields through the (1) an assessment, that includes feedback from
(SWIFT) and the Spectrum Innovation Initia- Arecibo Observatory Education and Public Out- the research community, of the effectiveness of
tive; reach Programs. the pilot program for—
(2) supporting research on potential satellite (5) The radio telescope significantly advanced (A) supporting research directorates and divi-
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impacts and benefits and mitigation strategies to the field of radio astronomy, including the first sions in balancing investments in research
be carried out at one or more Foundation sup- indirect detection of gravitational waves, the grants and funding for the initial operation and
ported Federally Funded Research and Develop- first detection of extrasolar planets, innumer- maintenance of major facilities;
ment Centers or major multiuser research facili- able contributions to the field of time domain as- (B) incentivizing the development of new
ties as defined in section 110(g) of the American tronomy and the study of the interstellar me- world-class facilities;
Innovation and Competitiveness Act (42 U.S.C. dium, and played a key role in the search for (C) facilitating interagency and international
1862s–2(g)), as appropriate; and extraterrestrial intelligence. partnerships;
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7327
(D) funding core elements of multi-discipli- (7) considers how Foundation-supported ad- (G) REPORT.—
nary facilities; and vanced computing capabilities can be leveraged (i) IN GENERAL.—The Director shall report to
(E) supporting facility divestment costs; and for activities through the Directorate for Tech- Congress not later than 6 months after the com-
(2) if deemed effective, a plan for permanent nology, Innovation, and Partnerships; and pletion of the pilot program under subparagraph
implementation of the pilot program. (8) provides an update to Congress about the (A).
SEC. 10372. REVIEWS. level of funding necessary to fully meet com- (ii) CONTENTS.—The report required under
The Director shall periodically carry out re- putational resource needs for the research com- clause (i) shall include—
views within each of the directorates and divi- munity. (I) an assessment of the pilot program under
sions to assess the cost and benefits of extending (d) SECURING AMERICAN RESEARCH FROM subparagraph (A), including an assessment of
the operations of research facilities that have CYBER THEFT.— the security benefits provided by such secure
exceeded their planned operational lifespan. (1) NETWORKING AND INFORMATION TECH- computing enclaves;
NOLOGY RESEARCH AND DEVELOPMENT UPDATE.— (II) recommendations related to the value of
SEC. 10373. HELIUM CONSERVATION.
Section 101(a)(1) of the High-Performance Com- expanding the network of secure computing en-
(a) MAJOR RESEARCH INSTRUMENTATION SUP- puting Act of 1991 (15 U.S.C. 5511) is amended—
PORT.— claves; and
(A) by moving the margins of subparagraph (III) recommendations on the efficacy of the
(1) IN GENERAL.—The Director shall support, (D) and each of subparagraphs (J) through (O)
through the Major Research Instrumentation use of secure computing enclaves by other Fed-
two ems to the left; eral agencies in a broader effort to expand secu-
program, proposal requests that include the pur- (B) by redesignating subparagraphs (J)
chase, installation, operation, and maintenance rity of Federal research.
through (O) as subparagraphs (K) through (P),
of equipment and instrumentation to reduce (H) AUTHORIZATION OF APPROPRIATIONS.—
respectively; and There is authorized to be appropriated to the
consumption of helium. (C) by inserting after subparagraph (I) the
(2) COST SHARING.—The Director may waive Director, $38,000,000 for fiscal years 2023
following:
the cost-sharing requirement for helium con- ‘‘(J) provide for improving the security, reli- through 2025, to carry out the activities outlined
servation measures for non-Ph.D.-granting in- ability, and resiliency of computing and net- in this paragraph.
stitutions of higher education and Ph.D.-grant- working systems used by institutions of higher SEC. 10375. NATIONAL SECURE DATA SERVICE.
ing institutions of higher education that are not education and other nonprofit research institu- (a) IN GENERAL.—The Director, in consulta-
ranked among the top 100 institutions receiving tions for the processing, storage and trans- tion with the Director of the Office of Manage-
Federal research and development funding, as mission of sensitive federally funded research ment and Budget and the interagency committee
documented by the National Center for Science and associated data;’’. established under section 5103 of the National
and Engineering Statistics. (2) COMPUTING ENCLAVE PILOT PROGRAM.— Artificial Intelligence Initiative Act of 2020 (15
(b) ANNUAL REPORT.—No later than 1 year (A) IN GENERAL.—The Director, in consulta- U.S.C. 9415), shall establish a demonstration
after the date of enactment of this Act and an- tion with the Director of the National Institute project to develop, refine, and test models to in-
nually for the subsequent two years, the Direc- of Standards and Technology and the Secretary form the full implementation of the Commission
tor shall submit an annual report to Congress of Energy, and the heads of other relevant Fed- on Evidence-Based Policymaking recommenda-
on the use of funding awarded by the Founda- eral departments and agencies, shall establish a tion for a governmentwide data linkage and ac-
tion for the purchase and conservation of he- pilot program to make awards to ensure the se- cess infrastructure for statistical activities con-
lium. The report should include— curity of federally supported research data and ducted for statistical purposes, as defined in
(1) the volume and price of helium purchased; to assist regional institutions of higher edu- chapter 35 of title 44, United States Code.
(2) changes in pricing and availability of he- cation and their researchers in compliance with (b) ESTABLISHMENT.—Not later than one year
lium; and regulations regarding the safeguarding of sen- after the date of enactment of this Act, the Di-
(3) any supply disruptions impacting a sub- sitive information and other relevant regula- rector shall establish a National Secure Data
stantial number of institutions. tions and Federal guidelines. Service demonstration project. The National Se-
SEC. 10374. ADVANCED COMPUTING. (B) STRUCTURE.—In carrying out the pilot cure Data Service demonstration project shall
(a) COMPUTING NEEDS.—To gather informa- program established pursuant to subparagraph be—
tion about the computational needs of Founda- (A), the Director shall select, for the develop- (1) aligned with the principles, best practices,
tion-funded projects, the Director shall require ment, installation, maintenance, or sustainment and priority actions recommended by the Advi-
award proposals submitted to the Foundation, of secure computing enclaves, three institutions sory Committee on Data for Evidence Building,
as appropriate, to include estimates of computa- of higher education that have an established to the extent feasible; and
tional resource needs for projects that require graduate student program and a demonstrated (2) operated directly by or via a contract that
use of advanced computing. The Director shall history of working with secure information, con- is managed by the National Center for Science
encourage and provide access to tools that fa- sistent with appropriate security protocols. and Engineering Statistics.
cilitate the inclusion of these measures, includ- (C) REGIONALIZATION.— (c) DATA.—In carrying out this section, the
(i) IN GENERAL.—In selecting universities pur- Director shall engage with Federal and State
ing those identified in the 2016 National Acad-
suant to subparagraph (B), the Director shall agencies to collect, acquire, analyze, report, and
emies report entitled ‘‘Future Directions for NSF
give preference to institutions of higher edu- disseminate statistical data in the United States
Advanced Computing Infrastructure to Support
cation with the capability of serving other re- and other nations to support governmentwide
U.S. Science and Engineering in 2017–2020’’.
(b) REPORTS.—The Director shall document gional universities. evidence-building activities consistent with the
(ii) GEOGRAPHIC DISPERSAL.—The enclaves Foundations for Evidence-Based Policymaking
and publish every two years a summary of the
should be geographically dispersed to better Act of 2018.
amount and types of advanced computing capa-
meet the needs of regional interests. (d) VOLUNTARY PARTICIPATION.—Participa-
bilities that are needed to fully meet the Foun- (D) PROGRAM ELEMENTS.—The Director shall
dation’s project needs as identified under sub- tion in the National Secure Data Service dem-
work with institutions of higher education se-
section (a). onstration project by Federal and State agencies
lected pursuant to subparagraph (B) to—
(c) ROADMAP.—To set priorities and guide shall be voluntary.
(i) develop an approved design blueprint for
strategic decisions regarding investments in ad- (e) PRIVACY AND CONFIDENTIALITY PROTEC-
compliance with Federal data protection proto-
vanced computing capabilities, the Director TIONS.—If the Director issues a management
cols;
shall develop, publish, and regularly update a 5- (ii) develop a comprehensive and confidential contract under subsection (b), the recipient shall
year advanced computing roadmap that— list, or a bill of materials, of each binary compo- be designated as an ‘‘agent’’ under subchapter
(1) describes the advanced computing re- nent of the software, firmware, or product that III of chapter 35 of title 44, United States Code,
sources and capabilities that would fully meet is required to deploy additional secure com- with all requirements and obligations for pro-
anticipated project needs, including through in- puting enclaves; tecting confidential information delineated in
vestments in the Mid-Scale Research Infrastruc- (iii) develop templates for all policies and pro- the Confidential Information Protection and
ture program and the Major Research Equip- cedures required to operate the secure com- Statistical Efficiency Act of 2018 and the Pri-
ment and Facilities Construction account; puting enclave in a research setting; vacy Act of 1974.
(2) draws on community input, information (iv) develop a system security plan template; (f) TECHNOLOGY AND PRIVACY STANDARDS.—In
contained in research proposals, allocation re- and carrying out this subsection, the Director
quests, insights from Foundation-funded cyber- (v) develop a process for managing a plan of shall—
infrastructure operators, and Foundation-wide action and milestones for the secure computing (1) consider application and use only of sys-
information gathering regarding community enclave. tems and technologies that incorporate protec-
needs; (E) SUSTAINABILITY.—In reviewing applica- tion measures to reasonably ensure confidential
(3) considers computational needs of planned tions for awards, the Director shall review and data and statistical products are protected in
major facilities; consider plans and prospects of the applicant accordance with obligations under subchapter
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(4) reflects anticipated technology trends; institution of higher education to ensure long- III of chapter 35 of title 44, United States Code,
(5) informs users and potential partners about term sustainability of the computing enclave, including systems and technologies that en-
future facilities and services; beyond the availability of Federal funds. sure—
(6) addresses the needs of groups historically (F) DURATION.—Subject to other availability (A) raw data and other sensitive inputs are
underrepresented in STEM and geographic re- of appropriations, the pilot program established not accessible to recipients of statistical outputs
gions with low availability and high demand for pursuant to subparagraph (A) shall operate for from the National Secure Data Service dem-
advanced computing resources; not less than 3 years. onstration project;
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H7328 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(B) no individual entity’s data or information in areas of societal, national, and geostrategic vations that could enable advances in the chal-
is revealed by the National Secure Data Service importance, at all levels of education. lenges and key technology focus areas under
demonstration project platform to any other SEC. 10383. ACTIVITIES. section 10387.
party in an identifiable form; Subject to the availability of appropriated SEC. 10384. REQUIREMENTS.
(C) no information about the data assets used funds, the Director shall achieve the purposes In carrying out the activities under the Direc-
in the National Secure Data Service demonstra- described in section 10382 by making awards torate, the Director shall ensure the pro-
tion project is revealed to any other party, ex- through the Directorate that— grammatic work of the Directorate and Founda-
cept as incorporated into the final statistical (1) support transformational advances in use- tion—
output; inspired and translational research and tech- (1) utilizes the full potential of the United
(D) the National Secure Data Service dem- nology development, including through diverse States workforce by avoiding undue geographic
onstration project permits only authorized ana- funding mechanisms and models at different concentration of research and development and
lysts to perform statistical queries necessary to scales, to include convergence accelerators and education funding across the United States, and
answer approved project questions, and pro- projects designed to achieve specific technology encourages broader participation in the key
hibits any other queries; and metrics or objectives; technology focus area workforce by populations
(E) the National Secure Data Service dem- (2) encourage the translation of research into historically underrepresented in STEM; and
onstration project conducts privacy risk assess- (2) incorporates a worker perspective through
innovations, processes, and products, including
ments to minimize the privacy risks to indi- participation by labor organizations and work-
by—
vidual entities whose data has been made avail- force training organizations.
(A) engaging researchers on topics relevant to
able by a reporting entity, including those pri- SEC. 10385. ASSISTANT DIRECTOR.
United States societal, national, and
vacy risks that could result from data breaches (a) IN GENERAL.—The Director shall appoint
geostrategic challenges, including by educating
of any system operated by the reporting entity, an Assistant Director responsible for the man-
researchers on engaging with end users and the
as well as for determining approved project agement of the Directorate established under
public;
questions under subparagraph (D) to minimize this subtitle, in the same manner as other As-
(B) advancing novel approaches and reducing
the privacy risks to individuals affected by uses sistant Directors of the Foundation are ap-
barriers to technology transfer, including
of the statistical output; and pointed.
through intellectual property frameworks be-
(2) the National Secure Data Service dem- (b) QUALIFICATIONS.—The Assistant Director
tween academia and industry, nonprofit enti-
onstration project shall implement reasonable shall be an individual, who by reason of profes-
ties, venture capital communities, and ap-
measures commensurate with the risks to indi- sional background and experience, is specially
proaches to technology transfer for applications
viduals’ privacy to achieve the outcomes under qualified to—
with public benefit that may not rely on tradi- (1) advise the Director on all matters per-
subparagraphs (A) through (E) of paragraph tional commercialization tools; and
(1), which may include the appropriate applica- taining to use-inspired and translational re-
(C) establishing partnerships that connect re- search, development, and commercialization at
tion of privacy-enhancing technologies and ap- searchers and research products to businesses,
propriate measures to minimize or prevent re- the Foundation, including partnership with the
accelerators, and incubators that enable re- private sector and other users of Foundation
identification risks consistent with any applica- search uptake, prototype development and scal-
ble guidance or regulations issued under sub- funded research; and
ing, entrepreneurial education, and the forma- (2) develop and implement the necessary poli-
chapter III of chapter 35 of title 44, United tion and growth of new companies;
States Code. cies and procedures to promote a culture of use-
(3) develop mutually-beneficial research and inspired and translational research within the
(g) TRANSPARENCY.—The National Secure
technology development partnerships and col- Directorate and across the Foundation and
Data Service established under subsection (b)
laborations among institutions of higher edu- carry out the responsibilities under subsection
shall maintain a public website with up-to-date
cation, including historically Black colleges and (c).
information on supported projects.
universities, Tribal Colleges or Universities, mi- (c) RESPONSIBILITIES.—The responsibilities of
(h) REPORT.—Not later than 2 years after the
nority-serving institutions, emerging research the Assistant Director shall include—
date of enactment of this Act, the National Se-
institutions, EPSCoR institutions, and nonprofit (1) advising the Director on all matters per-
cure Data Service demonstration project estab-
organizations, labor organizations, businesses taining to use-inspired and translational re-
lished under subsection (b) shall submit a report
and other for-profit entities, Federal or State search and development activities at the Foun-
to Congress that includes—
agencies, local or Tribal governments, civil soci- dation, including effective practices for conver-
(1) a description of policies for protecting
ety organizations, other Foundation direc- gence research, and the potential impact of
data, consistent with applicable Federal law;
torates, national labs, field stations and marine Foundation research on United States societal,
(2) a comprehensive description of all com-
laboratories, and, as appropriate, international national and geostrategic challenges;
pleted or active data linkage activities and
entities and binational research and develop- (2) identifying opportunities for and facili-
projects;
ment foundations and funds, excluding foreign tating coordination and collaboration, where
(3) an assessment of the effectiveness of the
entities of concern; appropriate, on use-inspired and translational
demonstration project for mitigating risks and
(4) partner with other directorates and offices research, development, adoption, and commer-
removing barriers to a sustained implementation
of the Foundation for specific projects or re- cialization—
of the National Secure Data Service as rec-
search areas including— (A) among the offices, directorates, and divi-
ommended by the Commission on Evidence-
(A) to pursue basic questions about natural, sions within the Foundation; and
Based Policymaking; and (B) between the Foundation and stakeholders
(4) if deemed effective by the Director, a plan human, and physical phenomena that could en-
able advances in the challenges and key tech- in academia, the private sector, including non-
for scaling up the demonstration project to fa- profit entities, labor organizations, Federal or
cilitate data access for evidence building while nology focus areas under section 10387;
(B) to study questions that could affect the State agencies, and international entities, as ap-
ensuring transparency and privacy. propriate;
(i) AUTHORIZATION OF APPROPRIATIONS.— design (including human interfaces), safety, se-
curity, operation, deployment, or the social and (3) ensuring that the activities carried out
There are authorized to be appropriated to the under this subtitle do not substantially and un-
Director to carry out this subsection $9,000,000 ethical consequences of technologies and inno-
vations in the challenges and key technology necessarily duplicate activities supported by
for each of fiscal years 2023 through 2027. other parts of the Foundation or other relevant
focus areas under section 10387, including the
Subtitle G—Directorate for Technology, Federal agencies;
development of technologies and innovations
Innovation, and Partnerships (4) approving all new programs within the Di-
that complement or enhance the abilities of
SEC. 10381. ESTABLISHMENT. rectorate;
workers and impact of specific innovations on
There is established within the Foundation (5) developing and testing diverse merit-review
domestic jobs and equitable opportunity; and
the Directorate for Technology, Innovation, and models and mechanisms for selecting and pro-
(C) to further the creation of a domestic work-
Partnerships to advance research and develop- viding awards for use-inspired and translational
force capable of advancing, using, and adapting
ment, technology development, and related solu- research and development at different scales,
to the key technology focus areas;
tions to address United States societal, national, from individual investigator awards to large
(5) build capacity and infrastructure for use-
and geostrategic challenges, for the benefit of multi-institution collaborations;
inspired and translational research at institu- (6) assessing the success of programs;
all Americans. tions of higher education across the United (7) administering awards to achieve the pur-
SEC. 10382. PURPOSES. States, including by making awards to support poses described in section 10382; and
The purposes of the Directorate established administrative activities that advance develop- (8) performing other such duties pertaining to
under section 10381 are to— ment, operation, integration, deployment, and the purposes in section 10382 as are required by
(1) support use-inspired and translational re- sharing of innovation; the Director.
search and accelerate the development and use (6) support the education, mentoring, and (d) RELATIONSHIP TO THE DIRECTOR.—The As-
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of federally funded research; training of undergraduate students, graduate sistant Director shall report to the Director.
(2) strengthen United States competitiveness students, and postdoctoral researchers, to both (e) RELATIONSHIP TO OTHER PROGRAMS.—No
by accelerating the development of key tech- advance use-inspired and translational research other directorate within the Foundation shall
nologies; and and to address workforce challenges, through report to the Assistant Director.
(3) grow the domestic workforce in key tech- scholarships, fellowships, and traineeships; and SEC. 10386. ADVISORY COMMITTEE.
nology focus areas, and expand the participa- (7) identify social, behavioral, and economic (a) IN GENERAL.—In accordance with the Fed-
tion of United States students and researchers drivers and consequences of technological inno- eral Advisory Committee Act (5 U.S.C. App.) the
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7329
Director shall establish an advisory committee to (10) Advanced materials science, including (3) a review of whether Federal investment in
assess, and make recommendations regarding, composites 2D materials, other next-generation the key technology focus areas have resulted in
the activities carried out under this subtitle. materials, and related manufacturing tech- new domestic manufacturing capacity and job
(b) MEMBERSHIP.—The advisory committee nologies. creation;
members shall— (d) RELATIONSHIP BETWEEN UNITED STATES (4) an assessment of any critical, new emerg-
(1) be individuals with relevant experience or SOCIETAL, NATIONAL, AND GEOSTRATEGIC CHAL- ing areas;
expertise, including individuals from industry LENGES AND KEY TECHNOLOGY FOCUS AREAS.— (5) an assessment of Federal investments in
and national labs, educators, academic subject (1) In updating the list under subsection education and workforce development to sup-
matter experts, including individuals with (a)(1), the Director shall evaluate national and port the key technology focus areas; and
knowledge of key technology focus areas and global technology trends. (6) an assessment of relative balance in lead-
their impact on United States national security (2) In updating the list under subsection ership in addressing the key technology focus
and geostrategic leadership, the technical and (a)(2), the Director shall consider the impact of areas between the United States, allied and
social dimensions of science and technology, the selected technologies on United States soci- partner countries, and the People’s Republic of
technology transfer experts, labor organizations, etal, national, and geostrategic challenges. China.
representatives of civil society, and other non- (3) The list under subsection (a)(2) may, but is
SEC. 10388. REGIONAL INNOVATION ENGINES.
governmental organizations; and not required to, align directly with the list
under subsection (a)(1). (a) IN GENERAL.—From amounts made avail-
(2) consist of at least 10 members broadly rep- able to the Directorate, the Director shall make
(4) Nothing under this section shall prevent
resentative of stakeholders, including no less awards to eligible entities for the planning, es-
the Director from making limited investments in
than 3 members from the private sector, none of tablishment, and support of Regional Innova-
technologies or areas not identified in sub-
whom shall be an employee of the Federal Gov- tion Engines.
ernment, and no less than 1 member with sig- section (a)(1) or subsection (a)(2).
(e) REVIEW AND UPDATES.—The Director, in (b) PURPOSE.—The purpose of the Regional
nificant expertise in United States national se- Innovation Engines shall be to—
coordination with the interagency working
curity and economic competitiveness. (1) advance multidisciplinary, collaborative,
group established under subtitle F of title VI
(c) RESPONSIBILITIES.—The Committee’s re- use-inspired and translational research, tech-
and in consultation with the Director of Na-
sponsibilities shall include— nology development, in key technology focus
tional Intelligence and the Director of the Fed-
(1) reviewing and advising on activities car- areas;
eral Bureau of Investigation, shall annually re-
ried out under this subtitle; (2) address regional, national, societal, or
view and update as appropriate, the list of key
(2) proposing strategies for fulfilling the pur- geostrategic challenges;
technology focus areas for purposes of this divi-
poses in section 10382; (3) leverage the expertise of multi-disciplinary
sion. As part of the annual review, the Direc-
(3) proposing potential areas of research, par- and multi- sector partners, including partners
tor—
ticularly as relevant to United States societal, (1) shall consider input from relevant indus- from private industry, nonprofit organizations,
national, and geostrategic challenges; and tries and stakeholders; and civil society organizations; and
(4) other relevant issues as determined by the (2) may consider the challenges and rec- (4) support the development of scientific, inno-
Director. ommendations identified in the reports required vation, entrepreneurial, and STEM educational
SEC. 10387. CHALLENGES AND FOCUS AREAS. by sections 206 and 206B of the National Science capacity within the region of the Regional Inno-
(a) IN GENERAL.—In consultation with the As- and Technology Policy, Organization, and Pri- vation Engine to grow and sustain regional in-
sistant Director, the Board, and the interagency orities Act of 1976, as added by section 10611 and novation.
working group established under subtitle F of 10613 of this division and in other relevant re- (c) USES OF FUNDS.—Funds awarded under
title VI, the Director shall identify, and annu- ports, such as technology and global trend re- this section may be used by a Regional Innova-
ally review and update as appropriate, a list ports from the defense and intelligence commu- tion Engine to—
of— nities; (1) conduct use-inspired and translational re-
(1) not more than 5 United States societal, na- (3) shall consider the potential impact of the search and technology development to advance
tional, and geostrategic challenges that may be key technology focus areas on addressing soci- innovation in at least one of the key technology
addressed by technology to guide activities etal, national, and geostrategic challenges; and focus areas and to help solve a compelling re-
under this subtitle; and (4) subject to the limitation under subsection gional, national, societal, or geostrategic chal-
(2) not more than 10 key technology focus (a), may add or delete key technology focus lenge;
areas to guide activities under this subtitle. areas in light of shifting national needs or com- (2) further the development, adoption, and
(b) INITIAL LIST OF SOCIETAL, NATIONAL, AND petitive threats to the United States (including commercialization of innovations in key tech-
GEOSTRATEGIC CHALLENGES.—The initial list of for reasons of the United States or other coun- nology focus areas, including through support
societal, national, and geostrategic challenges tries having advanced or fallen behind in a for proof-of-concept development, and through
are the following: technological area). partnership with other Federal agencies and
(1) United States national security. (f) REPORTING.—At the conclusion of the an- Federal laboratories, industry, including startup
(2) United States manufacturing and indus- nual review and update process required by sub- companies, labor organizations, civil society or-
trial productivity. section (e), the Director, in consultation with ganizations, and State, territorial, local, and
(3) United States workforce development and other Federal research agencies, as appropriate, Tribal governments;
skills gaps. shall deliver a report to Congress detailing— (3) develop and manage, or facilitate access
(4) Climate change and environmental sus- (1) the key technology focus areas and ration- to, test beds and instrumentation, which may
tainability. ale for their selection; include fabrication facilities and
(5) Inequitable access to education, oppor- (2) the societal, national, and geostrategic cyberinfrastructure, to advance the develop-
tunity, or other services. challenges and rationale for their selection; ment, integration, and demonstration of new,
(3) the role of the Foundation in advancing
(c) INITIAL LIST OF KEY TECHNOLOGY FOCUS innovative technologies, including hardware or
the key technology focus areas;
AREAS.—The initial list of key technology focus software;
(4) the impact, including to the academic re-
areas are the following: (4) establish traineeship programs for grad-
search community, of any changes to the key
(1) Artificial intelligence, machine learning, uate students who pursue degrees and research
technology focus areas; and
autonomy, and related advances. (5) the activities and partnerships between the related to the key technology focus areas lead-
(2) High performance computing, semiconduc- Directorate and the private sector. ing to a masters or doctorate degree by pro-
tors, and advanced computer hardware and (g) DETAILED DESCRIPTION.—The National viding funding and other assistance, and oppor-
software. Science Foundation shall, in coordination with tunities for research experiences in government
(3) Quantum information science and tech- the Office of Management and Budget, submit or industry related to the students’ studies;
nology. as part of their annual budget requests to Con- (5) engage in outreach and engagement in the
(4) Robotics, automation, and advanced man- gress, a detailed description of the activities to region to broaden participation in the activities
ufacturing. be funded under this subtitle, including an ex- of the Regional Innovation Engine; and
(5) Natural and anthropogenic disaster pre- planation of how the requested funding is com- (6) reimburse, in part or in whole, the cost of
vention or mitigation. plementary and not redundant of programs, ef- instrumentation, technology transfer, and com-
(6) Advanced communications technology and forts, and infrastructure undertaken or sup- mercialization activities, including patenting
immersive technology. ported by other relevant Federal agencies. and licensing, and for operations and staff, as
(7) Biotechnology, medical technology, (h) NATIONAL ACADEMIES.—Not later than 5 the Director determines appropriate.
genomics, and synthetic biology. years after the date of enactment of this Act, (d) SELECTION PROCESS.—In making awards
(8) Data storage, data management, distrib- the Director shall contract with the National under this subtitle, the Director shall consider,
uted ledger technologies, and cybersecurity, in- Academies to conduct a review of the key tech- in addition to the scientific and technical merit
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cluding biometrics. nology focus areas and the societal, national, of the proposal, the extent to which the activi-
(9) Advanced energy and industrial efficiency and geostrategic challenges, including— ties and locations proposed—
technologies, such as batteries and advanced (1) an assessment of their selection process; (1) have the potential to create an innovation
nuclear technologies, including but not limited (2) an assessment of their relevance to the ecosystem, or enhance existing ecosystems and
to for the purposes of electric generation (con- purposes of the Directorate, including to solving contribute to job creation in a region;
sistent with section 15 of the National Science challenges with social, economic, health, sci- (2) demonstrate a capacity to engage and
Foundation Act of 1950 (42 U.S.C. 1874). entific, and national security implications; partner with multiple types of institutions of
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H7330 CONGRESSIONAL RECORD — HOUSE July 28, 2022
higher education, industry, labor, nonprofit or- team from all internal and external sources, in- novative critical technologies, which may in-
ganizations, civil society organizations, other cluding all partner organizations; and clude hardware or software.
Federal agencies, Federal laboratories, State, (B) include letters of collaboration from part- (2) COORDINATION.—In establishing new test
local, and Tribal governments, and other appro- ner organizations that include information on beds under this section, the Director shall en-
priate organizations, including to inform re- resource contributions committed by such part- sure coordination with other test beds supported
search directions and account for ethical, soci- ners. by the Foundation or other Federal agencies to
etal, safety, and security implications relevant (f) COLLABORATION WITH REGIONAL TECH- avoid duplication and maximize the use of Fed-
to the potential applications of the research; NOLOGY HUBS.—Each Regional Innovation En- eral resources.
(3) demonstrate a capacity to broaden partici- gine established under this section may collabo- (b) PROPOSALS.—An applicant for an award
pation of populations historically underrep- rate and participate in, as appropriate, the ac- under this section shall submit a proposal to the
resented in STEM in the activities of the Re- tivities of any regional technology hub des- Director, at such time, in such manner, and
gional Innovation Engine; and ignated under section 28 of the Stevenson- containing such information as the Director
(4) demonstrate a plan and capability to pre- Wydler Technology Innovation Act of 1980 (15 may reasonably require. The proposal shall, at
vent the inappropriate use or dissemination of U.S.C. 3701 et seq.), as added by section 10621. a minimum, describe—
the research and technology, including research (g) DURATION.— (1) the technology or technologies that will be
results, data, and intellectual property, as ap- (1) INITIAL PERIOD.—An award under this sec- the focus of the test bed;
propriate and consistent with the requirements tion shall be for an initial period of 5 years. (2) the goals of the work to be done at the test
of the relevant award. (2) RENEWAL.—An established Regional Inno- bed;
(e) REQUIREMENTS.— vation Engine may apply for, and the Director (3) how the applicant will assemble a work-
(1) ELIGIBILITY.—For the purposes of this sec- may award, extended funding for periods of 5 force with the skills needed to operate the test
tion, an ‘‘eligible entity’’ means an institution years on a merit-reviewed basis. bed;
of higher education, a nonprofit organization, a (4) how the applicant will ensure broad access
(h) COMPETITIVE, MERIT-REVIEW.—In making
private sector entity, or a consortium thereof. to the test bed;
awards under this section, the Director shall—
(5) how the applicant will collaborate with
(2) PARTNERSHIPS.—To be eligible for an (1) use a competitive, merit review process that
firms in critical technologies, including through
award under this section an eligible entity— includes peer review by a diverse group of indi-
coordinated research and development and
(A) shall include in its proposal partnership viduals with relevant expertise from both the
funding, to ensure that work in the test bed will
with 1 or more institution that is— private and public sectors; and
(i) a historically Black college or university; contribute to the commercial viability of any
(2) ensure the focus areas of the Regional In-
(ii) a Tribal College or University; technologies and will include collaboration from
novation Engines do not substantially and un-
(iii) a minority-serving institution; industry and labor organizations;
necessarily duplicate the efforts of any other (6) how the applicant will encourage the par-
(iv) an EPSCoR institution; Regional Innovation Engine or any other simi-
(v) an emerging research institution; or ticipation of inventors and entrepreneurs and
lar effort at another Federal agency. the development of new businesses;
(vi) a community college; (i) COLLABORATION.—In making awards under (7) how the applicant will increase participa-
(B) may include partnership with 1 or more— this section, the Director may collaborate with
(i) additional entities described in paragraph tion by populations that are underrepresented
Federal departments and agencies whose mis- in STEM;
(2)(A); sions contribute to or are affected by the tech- (8) how the applicant will demonstrate that
(ii) industry entities, including startups, small nology focus area of the institute. the commercial viability of any new technologies
businesses, and public-private partnerships; SEC. 10389. TRANSLATION ACCELERATOR. will support the creation of high-quality domes-
(iii) economic development organizations or
(a) IN GENERAL.—The Director shall establish tic jobs;
venture development organizations, as such
Translation Accelerators to further the research, (9) how the test bed will operate after Federal
terms are defined in section 28(a) of the Steven-
development, and commercialization of innova- funding has ended;
son-Wydler Technology Innovation Act of 1980 (10) how the test bed will disseminate lessons
tion in the key technology focus areas.
(15 U.S.C. 13701 et seq.), as added by section and other technical information to United
(b) PARTNERSHIPS.—
10621 of this division; States entities or allied or partner country enti-
(1) IN GENERAL.—Each Translation Accel-
(iv) National Laboratories; ties in the United States; and
erator shall be comprised of a partnership in-
(v) Federal laboratories, as defined in section (11) how the applicant plans to take measures
cluding 2 or more of the following entities:
4 of the Stevenson-Wydler Technology Innova- to prevent the inappropriate use of research re-
(A) An institution of higher education.
tion Act of 1980 (15 U.S.C. 3703); sults, data, and intellectual property, as appli-
(B) A for-profit company.
(vi) Federal research facilities; cable and consistent with the requirements of
(C) A nonprofit organization.
(vii) labor organizations; the award.
(D) A Federal agency.
(viii) entities described in paragraph (1) or (2) (c) AUTHORIZED USE OF FUNDS.—A recipient
(E) Another entity, if that entity is determined
from allied or partner countries; of an award under this section may, consistent
(ix) other entities to be vital to the success of by the Director to be vital to the success of the
program. with the purposes of this section, use the award
the program, as determined by the Director; for the purchase of equipment and for the sup-
(x) binational research and development foun- (2) INSTITUTIONAL OR ORGANIZATIONAL
LEVEL.—The Director shall work to ensure that port of students, faculty and staff, and
dations and funds, excluding those affiliated postdoctoral researchers.
with foreign entities of concern, as defined in such partnerships exist at the institutional or
organization level, rather than solely at the (d) GEOGRAPHIC DIVERSITY.—In selecting
section 10612; and award recipients under this section, the Director
(xi) Engineer Research and Development Cen- principal investigator level.
(3) COST SHARE.—Not less than 25 percent of shall consider the extent to which proposals
ter laboratories of the Army Corps of Engineers; would expand the geographic diversity of test
and the funding for an institute shall be provided by
non-Federal entities. beds.
(C) shall include as part of its proposal a plan SEC. 10391. PLANNING AND CAPACITY BUILDING
for— (4) NUMBER OF CENTERS AND INSTITUTES ES-
AWARDS.
(i) establishing a sustained partnership that is TABLISHED.—The Director shall endeavor to es-
tablish a balance in the number of Regional In- (a) IN GENERAL.—Under the program estab-
jointly developed and managed, draws from the lished in section 508 of the America COMPETES
capacities of each institution, and is mutually novation Engines and Translation Accelerators.
(c) AUTHORIZATION OF APPROPRIATIONS.— Reauthorization Act of 2010 (42 U.S.C. 1862p–2)
beneficial; and and the activities authorized under this section,
(ii) documents governance and management From within funds authorized for the Direc-
torate for Technology, Innovation, and Partner- from amounts made available to the Directorate,
plans, financial contributions from non-Federal the Director, in coordination with other Federal
sources, and plans for ownership and use of any ships, there are authorized to carry out the ac-
tivities under this section and section 10388 agencies as determined appropriate by the Di-
intellectual property. rector, shall make awards, on a competitive
(3) PROMOTING PARTNERSHIPS.—In making $6,500,000,000 for fiscal years 2023 through 2027.
basis, to eligible entities to advance the develop-
awards under this section, the Director shall en- SEC. 10390. TEST BEDS.
ment, adoption, and commercialization of tech-
courage applicants for a Regional Innovation (a) PROGRAM AUTHORIZED.— nologies, consistent with the purposes of the Di-
Engine that include multiple regional partners (1) IN GENERAL.—From amounts made avail- rectorate under section 10382.
as described in subsection (e)(2). able for the Directorate, the Director, in coordi- (b) ELIGIBLE ENTITY.—To be eligible to receive
(4) GEOGRAPHIC DISTRIBUTION.—In making nation with the Director of the National Insti- an award under this section, an entity shall
awards under this section, the Director shall tute of Standards and Technology, the Sec- be—
take into consideration the extent to which the retary of Energy, and other Federal agencies, as (1) an institution of higher education, which
proposals expand the geographic distribution of determined appropriate by the Director, shall es- may be a community college (or a consortium of
the Regional Innovation Engines, including by tablish a program in the Directorate to make such institutions);
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giving special consideration to rural-serving in- awards, on a competitive basis, to institutions of (2) a nonprofit organization that is either af-
stitutions of higher education. higher education, nonprofit organizations, or filiated with an institution of higher education
(5) RESOURCE AVAILABILITY.—The Director consortia thereof to establish and operate test or designed to support technology development
shall ensure that any eligible entity receiving an beds, which may include fabrication facilities or entrepreneurship; or
award under this section shall— and cyberinfrastructure, to advance the devel- (3) a consortium that includes—
(A) provide information on relevant currently opment, operation, integration, deployment, (A) an entity described in paragraph (1) or (2)
existing resources available to the proposing and, as appropriate, demonstration of new, in- as the lead award recipient; and
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7331
(B) one or more additional individuals or enti- rating with industry, venture capital entities, fellowships, subject to the provisions of this sec-
ties, which shall be— non-profit organizations, and State and local tion.
(i) an economic development organization or governments within that region; and (e) AUTHORIZATION OF APPROPRIATIONS.—
similar entity that is focused primarily on im- (5) background information that the Director There are authorized to be appropriated to the
proving science, technology, innovation, or en- determines is relevant to demonstrate the suc- Director a total of $125,000,000 for fiscal years
trepreneurship; cess of the innovation and entrepreneurship 2023 through 2027, to carry out the activities
(ii) an industry organization or firm in a rel- support models proposed by the applicant to outlined in this section.
evant technology or innovation sector; commercialize technologies. SEC. 10393. SCHOLARSHIPS AND FELLOWSHIPS.
(iii) an industry-experienced executive with (f) COLLABORATIVE INNOVATION RESOURCE (a) IN GENERAL.—The Director, acting
entrepreneurship experience that is focused pri- CENTER PROGRAM.— through the Directorate, shall fund under-
marily on de-risking technologies from both a (1) IN GENERAL.—The Director shall make graduate scholarships (including at community
scientific and a business perspective; or awards under this section to eligible entities to
(iv) an individual or entity with industry and colleges), graduate fellowships and traineeships,
establish collaborative innovation resource cen- and postdoctoral awards in the key technology
startup expertise, including a mentor network, ters that promote regional technology transfer
across relevant technology or innovation sec- focus areas.
and technology development activities available (b) IMPLEMENTATION.—The Director may
tors. to more than one institution of higher education
(c) USE OF FUNDS.—In addition to activities carry out subsection (a) by making awards—
and to other entities in a region. (1) directly to students; and
listed under section 10383, an eligible entity re- (2) USE OF FUNDS.—An eligible entity that re-
ceiving an award under this section may use (2) to institutions of higher education or con-
ceives an award under this subsection shall use sortia of institutions of higher education, in-
funds to— award funds to carry out one or more of the fol-
(1) identify academic research with the poten- cluding those institutions or consortia involved
lowing activities, to the benefit of the region in in operating Regional Innovation Engines estab-
tial for technology transfer and commercializa-
which the center is located: lished under section 10388.
tion, particularly as relevant to the purposes of
(A) Providing start-ups and small business (c) BROADENING PARTICIPATION.—In carrying
the Directorate under section 10382;
(2) ensure the availability of staff, including concerns (as defined in section 3 of the Small out this section, the Director shall take steps to
technology transfer professionals, entrepreneurs Business Act (15 U.S.C. 632)) within the region increase the participation of populations that
in residence, and other mentors as required to with access to facilities, scientific infrastruc- are underrepresented in STEM, which may in-
accomplish the purpose of this section; ture, personnel, and other assets as required for clude—
(3) help offset the costs of patenting and li- technology maturation. (1) establishing or augmenting programs tar-
censing research products, both domestically (B) Supporting entrepreneurial training for geted at populations that are underrepresented
and internationally; start-up and small business personnel. in STEM;
(4) revise institution policies, including poli- (3) Providing engineering and entrepreneurial (2) supporting traineeships or other relevant
cies related to intellectual property and faculty experiences and hands-on training for students programs at historically Black colleges and uni-
entrepreneurship, and taking other necessary enrolled in participating institutions of higher versities, Tribal Colleges or Universities, and mi-
steps to implement relevant best practices for education. nority-serving institutions;
academic technology transfer; (g) REPORTING ON COMMERCIALIZATION (3) enabling low-income populations to pursue
(5) develop local, regional, and national part- METRICS.—The Director shall establish— associate, undergraduate, or graduate level de-
nerships among institutions of higher education (1) metrics related to commercialization for an grees in STEM;
and between institutions of higher education award under this section; and (4) addressing current and expected gaps in
and private sector entities and other relevant or- (2) a reporting schedule for recipients of such the availability or skills of the STEM workforce,
ganizations, including investors, with the pur- awards that takes into account both short- and or addressing needs of the STEM workforce, in-
pose of building networks, expertise, and other long-term goals of the programs under this sec- cluding by increasing educational capacity at
capacity to identify promising research that tion. institutions and by prioritizing awards to
may have potential market value and enable re- (h) GEOGRAPHIC DIVERSITY.—The Director United States citizens, permanent residents, and
searchers to pursue further development and shall ensure regional and geographic diversity individuals that will grow the domestic work-
transfer of their ideas into possible commercial in issuing awards under this section. force; and
or other use; (i) AUTHORIZATION OF APPROPRIATIONS.— (5) addressing geographic diversity in the
(6) develop seminars, courses, and other edu- From within funds authorized for the Direc- STEM workforce.
cational opportunities for students, post-doc- torate for Technology, Innovation, and Partner- (d) ENCOURAGING INNOVATION.—In carrying
toral researchers, faculty, and other relevant ships, there are authorized to carry out the ac- out this section, the Director shall encourage in-
staff at institutions of higher education to in- tivities under this section $3,100,000,000 for fiscal novation in graduate education, including
crease awareness and understanding of entre- years 2023 through 2027. through encouraging institutions of higher edu-
preneurship, patenting, business planning, re- SEC. 10392. ENTREPRENEURIAL FELLOWSHIPS. cation to offer graduate students opportunities
search security, and other areas relevant to (a) IN GENERAL.—The Director, acting to gain experience in industry or Government as
technology transfer, and connect students and through the Directorate for Technology, Inno- part of their graduate training, and through
researchers to relevant resources, including vation, and Partnerships, shall award fellow- support for students in professional master’s
mentors in the private sector; and ships to scientists and engineers to help develop programs related to the key technology focus
(7) create, support, or fund entities or com- leaders capable of maturing promising ideas and areas or to the societal, national, and
petitions to allow entrepreneurial students and technologies from lab to market or other use and geostrategic challenges.
faculty to illustrate the commercialization po- forge connections between academic research (e) AREAS OF FUNDING SUPPORT.—Subject to
tential of their ideas, including through venture and the government, industry, financial sectors, the availability of funds to carry out this sec-
funds of institution of higher education. and other end users. tion, the Director shall—
(d) LIMITATIONS ON FUNDING.— (b) APPLICATION.—An applicant for a fellow- (1) issue—
(1) Awards made under this section shall be at
ship under this section shall submit to the Direc- (A) postdoctoral awards,
least 3 years in duration and shall not exceed
tor an application at such time, in such manner, (B) graduate fellowships and traineeships, in-
$1,000,000 per fiscal year.
and containing such information as the Director clusive of the NSF Research Traineeships and
(2) Awards made under this section shall not
may require. At a minimum, the Director shall fellowships awarded under the Graduate Re-
support the development or operation of capital
require that applicants— search Fellowship Program; and
investment funds.
(e) APPLICATION.—An eligible entity seeking (1) have completed a doctoral degree in a (C) scholarships, including undergraduate
funding under this section shall submit an ap- STEM field no more than 5 years prior to the scholarships, research experiences, and intern-
plication to the Director at such time, in such date of the application, or have otherwise dem- ships, including—
manner, and containing such information and onstrated significant postbaccalaureate sci- (i) scholarships to attend community colleges;
assurances as such Director may require. The entific research experience and are considered and
application shall include, at a minimum, a de- early career, according to requirements estab- (ii) research experiences and internships
scription of— lished by the Director; and under sections 513, 514, and 515 of the America
(1) how the eligible entity submitting an appli- (2) have included in the application a pro- COMPETES Reauthorization Act of 2010 (42
cation plans to sustain the proposed activities posal for how the fellow will be embedded in a U.S.C. 1862p–5; 1862p–6; 1862p–7);
beyond the duration of the award; host institution’s research environment. (2) ensure that not less than 10 percent of the
(2) the steps the applicant will take to enable (c) OUTREACH.—The Director shall conduct funds made available to carry out this section
technology transfer and adoption and why such program outreach to recruit fellowship appli- are used to support additional awards that
steps are likely to be effective; cants— focus on community college training, education,
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(3) how the applicant will encourage the (1) from diverse research institutions; and teaching programs that increase the partici-
training and participation of students and po- (2) from all regions of the country; and pation of populations that are historically
tential entrepreneurs and the transition of re- (3) from groups historically underrepresented underrepresented in STEM, including technical
search results to practice, including the develop- in STEM fields. programs through programs such as the Ad-
ment of new businesses; (d) ADMINISTRATION AGREEMENTS.—The Di- vanced Technological Education program; and
(4) as relevant, potential steps to drive eco- rector may enter into an agreement with a (3) if funds remain after carrying out para-
nomic growth in a particular region, by collabo- qualified third-party entity to administer the graphs (1) and (2) make awards to institutions
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H7332 CONGRESSIONAL RECORD — HOUSE July 28, 2022
of higher education to enable the institutions to cipient shall be eligible for continued or follow- (6) support research, development, or edu-
fund the development and establishment of new on funding. cation on one or more of the key technology
or specialized programs of study for graduate, (e) SHORT TERM TECHNOLOGY DEPLOYMENT.— focus areas;
undergraduate, or technical college students The Director shall also make awards, including (7) support research and development on scal-
and the evaluation of the effectiveness of those through the SBIR and STTR programs (as de- ing practices and models to support and sustain
programs of study. fined in section 9(e) of the Small Business Act highly-qualified STEM educators in urban and
(f) LOW-INCOME SCHOLARSHIP PROGRAM.— (15 U.S.C. 638(e)), to expedite short-term tech- rural communities; and
(1) IN GENERAL.—The Director shall award nology deployment within a period of no longer (8) at the discretion of the Director, any other
scholarships to low-income individuals to enable than 24 months. requirements recommended in the study commis-
such individuals to pursue associate, under- (f) SELECTION CRITERIA.—In selecting recipi- sioned under section 10311(a) of subtitle B.
graduate, or graduate level degrees in STEM ents for an award under this section, the Direc- (d) ADDITIONAL CONSIDERATIONS.—In making
fields. tor shall consider, at a minimum— an award under this section, the Director may
(2) ELIGIBILITY.— (1) the relevance of the project to the chal- also consider the extent to which the proposed
(A) IN GENERAL.—To be eligible to receive a lenges and the key technology focus areas under Center will—
scholarship under this subsection, an indi- section 10387, and the potential of the project to (1) leverage existing collaborations, tools, and
vidual— result in transformational advances for such strategies supported by the Foundation, includ-
(i) must be a citizen of the United States, a challenges and the key technology focus areas; ing NSF INCLUDES and the Convergence Ac-
national of the United States (as defined in sec- (2) the current status of similar technology, celerators;
tion 1101(a) of title 8), an alien admitted as a the limits of current practice, and the novelty (2) support research on and the development
refugee under section 1157 of title 8, or an alien and risks of the proposed project; and scaling of innovative approaches to dis-
lawfully admitted to the United States for per- (3) the ethical, societal, safety, and security tance learning and education for various stu-
manent residence; implications relevant to the application of the dent populations;
(ii) shall prepare and submit to the Director technology; (3) support education innovations that lever-
an application at such time, in such manner, (4) the appropriateness of quantitative goals age new technologies or deepen understanding
and containing such information as the Director and metrics for evaluating the project and a of the impact of technology on educational sys-
may require; and plan for evaluating those metrics; and tems; and
(iii) shall certify to the Director that the indi- (5) the path for developing and, as appro- (4) include a commitment from local or State
vidual intends to use amounts received under priate, commercializing the technology into education administrators to making the pro-
the scholarship to enroll or continue enrollment products and processes in the United States. posed reforms and activities a priority.
at an institution of higher education (as defined (g) AUTHORIZATION OF APPROPRIATIONS.— (e) PARTNERSHIP.—In carrying out the pro-
in section 1001(a) of title 20) in order to pursue From within funds authorized for the Direc- gram under this section, the Director shall ex-
an associate, undergraduate, or graduate level torate for Technology, Innovation, and Partner- plore opportunities to partner with the Depart-
degree in STEM fields designated by the Direc- ships, there are authorized to carry out the ac- ment of Education, including through jointly
tor. tivities under this section $1,000,000,000 for fiscal funding activities under this section.
(B) ABILITY.—Awards of scholarships under years 2023 through 2027. (f) DURATION.—Each award made under this
this subsection shall be made by the Director SEC. 10395. SCALING INNOVATIONS IN PREK–12 section shall be for a duration of no more than
solely on the basis of the ability of the appli- STEM EDUCATION.
5 years.
cant, except that in any case in which 2 or more (a) IN GENERAL.—Taking into consideration (g) ANNUAL MEETING.—The Director shall en-
applicants for scholarships are deemed by the the recommendations under section 10311(a)(4) courage and facilitate an annual meeting of the
Director to be possessed of substantially equal of subtitle B, the Director shall make awards, Centers, as appropriate, to foster collaboration
ability, and there are not sufficient scholarships on a competitive, merit-reviewed basis, to estab- among the Centers and to further disseminate
available to award one to each of such appli- lish multidisciplinary Centers for Trans- the results of the Centers’ supported activities.
cants, the available scholarship or scholarships formative Education Research and Translation (h) EXISTING PROGRAMS.—The Director may
shall be awarded to the applicants in a manner (in this section referred to as ‘‘Centers’’) to sup- use existing NSF programs to establish and exe-
that will tend to result in a geographically wide port research and development on widespread cute this section.
distribution throughout the United States recipi- and sustained implementation of STEM edu- (i) REPORT.—Not later than 5 years after the
ents’ places of permanent residence. cation innovations. date of enactment of this Act, the Director shall
(3) SCHOLARSHIP AMOUNT AND RENEWAL.—Sec- (b) ELIGIBILITY.—The entity seeking an award
submit to Congress and make widely available to
tion 414(d) of the American Competitiveness and for a Center under this section must be an insti-
the public a report that includes—
Workforce Improvement Act of 1998 (42 U.S.C. tution of higher education, a nonprofit organi-
(1) a description of the focus and proposed
1869c) is amended in paragraph (3) by— zation, or a consortium of such institutions or
goals of each Center;
(A) striking ‘‘, except that the Director shall organizations, which may include a STEM eco-
(2) an assessment, based on a common set of
not award a scholarship in an amount exceed- system .
benchmarks and tools, of the Centers’ success in
ing $10,000 per year’’; and (c) APPLICATION.—An eligible entity under
helping to promote scalable solutions in PreK–12
(B) striking ‘‘4 years’’ and inserting ‘‘5 subsection (b) seeking an award under this sec-
STEM education; and
years’’. tion shall submit an application to the Director
(4) AUTHORIZATION.—Of amounts authorized (3) any recommendations for administrative
at such time, in such manner, and containing
for the Directorate for Technology, Innovation, and legislative action that could optimize the ef-
such information as the Director may require.
and Partnerships, $100,000,000 shall be author- fectiveness of the Centers established under this
The application shall include, at a minimum, a
ized to carry out this subsection. section.
description of how the proposed Center will be
(g) EXISTING PROGRAMS.—The Director may SEC. 10396. AUTHORITIES.
used to—
use or augment existing STEM education pro- (1) establish partnerships among academic in- In addition to existing authorities available to
grams of the Foundation and leverage education stitutions, local or State educational agencies, the Foundation, the Director may exercise the
or entrepreneurial partners to carry out this sec- and other relevant stakeholders in supporting following authorities in carrying out the activi-
tion. programs and activities to facilitate the wide- ties under this subtitle:
SEC. 10394.RESEARCH AND DEVELOPMENT spread and sustained implementation of prom- (1) AWARDS.—In carrying out this subtitle, the
AWARDS. ising, evidence-based STEM education practices, Director may provide awards in the form of
(a) IN GENERAL.—From amounts made avail- models, programs, curriculum, and technologies; grants, contracts, cooperative agreements, cash
able for the Directorate, the Director shall make (2) support enhanced STEM education infra- prizes, and other transactions.
awards, on a competitive basis, for research and structure, including cyberlearning technologies, (2) PROGRAM DIRECTORS.—
technology development within the key tech- to facilitate the widespread adoption of prom- (A) DESIGNATION.—The Director may des-
nology focus areas, including investments that ising, evidence-based practices; ignate individuals to serve as program directors
advance solutions to the challenges under sec- (3) support research and development on scal- for the programs established within the Direc-
tion 10387. ing practices, partnerships, and alternative torate pursuant to the responsibilities estab-
(b) PURPOSE.—The purpose of the awards models to current approaches, including ap- lished under subparagraph (B). The Director
under this section shall be to accelerate techno- proaches sensitive to the unique combinations of shall ensure that program directors—
logical advances and technology adoption in the capabilities, resources, and needs of varying lo- (i) have expertise in one or more of the chal-
key technology focus areas. calities, educators, and learners; lenges and key technology focus areas under
(c) RECIPIENTS.—Recipients of funds under (4) include a focus on the learning needs of section 10387; and
this section may include institutions of higher under-resourced schools and learners in low-re- (ii) come from a variety of backgrounds, in-
education, research institutions, non-profit or- source or underachieving local educational cluding industry, and from a variety of institu-
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ganizations, private sector entities, consortia, or agencies in urban and rural communities and tions of higher education.
other entities as defined by the Director. the development of high-quality curriculum that (B) RESPONSIBILITIES.—A program director of
(d) METRICS.—The Director may set metrics, engages these learners in the knowledge and a program of the Directorate, in consultation
including goals and deadlines, for the develop- practices of STEM fields; with the Assistant Director, shall be responsible
ment and demonstration of technology as deter- (5) include a focus on the learning needs and for—
mined in the terms of the award, and may use unique challenges facing students with disabil- (i) establishing research and development
such metrics to determine whether an award re- ities; goals for the program, including through the
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7333
convening of workshops, conferring with a (ii) EXTENSION.—The Director may, in the (II) the period to which the employee’s service
broad range of stakeholders and outside experts, case of a particular employee under the program is limited under subparagraph (C), including
taking into account relevant expert reports, and under subparagraph (A), extend the period to any extension made under this paragraph before
publicizing the goals of the program to the pub- which service is limited under clause (i) by up to the termination of the program; and
lic and private sectors; 2 years if the Director determines that such ac- (ii) the rate of basic pay prescribed for the po-
(ii) surveying a wide range of institutions of tion is necessary to promote the efficiency of the sition under this paragraph may not be reduced
higher education, nonprofit organizations, and Foundation. as long as the employee continues to serve at an
private entities to identify emerging trends in (D) MAXIMUM AMOUNT OF ADDITIONAL PAY- acceptable level of performance in the position
the challenges and key technology focus areas MENTS PAYABLE.—Notwithstanding any other without a break in service.
under section 10387, and, as appropriate, solic- provision of this subsection or section 5307 of (5) ADDITIONAL HIRING AUTHORITY.—To the
iting proposals from such entities to conduct re- title 5, United States Code, no additional pay- extent needed to carry out the duties under
search in areas of particular promise that the ments may be paid to an employee under sub- paragraph (1)(A), the Director is authorized to
private sector is the not likely to undertake paragraph (B)(iii) in any calendar year if, or to utilize hiring authorities under section 3372 of
independently. the extent that, the employee’s total annual title 5, United States Code, to staff the Founda-
(iii) facilitating research collaborations in the compensation in such calendar year will exceed tion with employees from other Federal agen-
challenges and key technology focus areas the maximum amount of total annual compensa- cies, State and local governments, Indian Tribes
under section 10387, including connecting aca- tion payable at the salary set in accordance and Tribal organizations, institutions of higher
demic researchers with potential end-users of with section 104 of title 3, United States Code. education, and other organizations, as described
technology, including industry, labor organiza- (4) HIGHLY QUALIFIED EXPERTS IN NEEDED OC- in that section, in the same manner and subject
tions, nonprofit organizations, civil society or- CUPATIONS.— to the same conditions, that apply to such indi-
ganizations, and other relevant organizations; (A) IN GENERAL.—The Foundation may carry viduals utilized to accomplish other missions of
(iv) reviewing applications for projects sub- out a program using the authority provided in the Foundation.
mitted under section 10394 according to the subparagraph (B) in order to attract highly (6) NATIONAL ACADEMY OF PUBLIC ADMINIS-
Merit Review Criteria established by the Direc- qualified experts in needed occupations, as de- TRATION.—
tor for such projects and described in the Foun- termined by the Foundation. Individuals hired (A) STUDY.—Not later than 30 days after the
dation’s Proposal and Award Policies and Pro- by the Director through such authority may in- date of enactment of this Act, the Director shall
cedures Guide, and any such additional criteria clude individuals with expertise in business cre- contract with the National Academy of Public
as determined by the Director; and ativity, innovation management, design think- Administration to conduct a study on the orga-
(v) monitoring the progress of projects sup- ing, entrepreneurship, venture capital, and re- nizational and management structure of the
ported under the program and taking into ac- lated fields. Foundation, to—
count input from relevant experts and stake- (B) AUTHORITY.—Under the program, the (i) evaluate and make recommendations to ef-
holders, recommending program updates as Foundation may— ficiently and effectively implement the Direc-
needed. (i) appoint personnel from outside the civil torate for Technology, Innovation, and Partner-
(C) SELECTION CRITERIA.—Program directors service and uniformed services (as such terms ships; and
may use diverse merit review models for selec- are defined in section 2101 of title 5, United (ii) evaluate and make recommendations to
tion of award recipients under section 10394, in- States Code) to positions in the Foundation ensure coordination of the Directorate for Tech-
cluding internal review and different models without regard to any provision of title 5, nology, Innovation, and Partnerships with
that use peer review. United States Code, governing the appointment other directorates and offices of the Foundation
(D) TERMS.—Program directors of the Direc- of employees in the competitive service; and other Federal agencies.
torate may be appointed by the Director for a (ii) prescribe the rates of basic pay for posi- (B) REVIEW.—Upon completion of the study
limited term, renewable at the discretion of the tions to which employees are appointed under under subparagraph (A), the Foundation shall
Director. clause (i) at rates not in excess of the maximum review the recommendations from the National
(3) EXPERTS IN SCIENCE AND ENGINEERING.— rate of basic pay authorized for senior-level po- Academy of Public Administration and provide
(A) PROGRAM AUTHORIZED.—The Foundation sitions under section 5376 of title 5, United a briefing to Congress on the plans of the Foun-
may carry out a program of personnel manage- States Code; and dation to implement any such recommendations.
ment authority provided under subparagraph (iii) pay any employee appointed under clause (7) PROVIDING AUTHORITY TO DISSEMINATE IN-
(B) in order to facilitate recruitment of eminent (i) payments in addition to basic pay within the FORMATION.—Section 11 of the National Science
experts in science or engineering for research limits applicable to the employee under subpara- Foundation Act of 1950 (42 U.S.C. 1870) is
and development projects and to enhance the graph (D). amended—
administration and management of the Founda- (C) LIMITATION ON TERM OF APPOINTMENT.— (A) in subsection (j), by striking ‘‘and’’ after
tion. (i) IN GENERAL.—Except as provided in clause
the semicolon;
(B) PERSONNEL MANAGEMENT AUTHORITY.— (ii), the service of an employee under an ap-
(B) in subsection (k), by striking the period at
Under the program under subparagraph (A), the pointment made pursuant to this subsection may
the end and inserting ‘‘; and’’; and
Foundation may— not exceed 5 years.
(C) by adding at the end the following:
(i) without regard to any provision of title 5, (ii) EXTENSION.—The Foundation may, in the
‘‘(l) to provide for the widest practicable and
United States Code, governing the appointment case of a particular employee, extend the period
appropriate dissemination of information within
of employees in the competitive service, appoint to which service is limited under clause (i) by up
the United States concerning the Foundation’s
individuals to a total of not more than 70 posi- to 1 additional year if the Foundation deter-
activities and the results of those activities.’’.
tions in the Foundation, of which not more mines that such action is necessary to promote
SEC. 10397. COORDINATION OF ACTIVITIES.
than 5 such positions may be positions of ad- the Foundation’s national security missions.
ministration or management of the Foundation; (D) LIMITATIONS ON ADDITIONAL PAYMENTS.— (a) IN GENERAL.—In carrying out the activi-
(ii) prescribe the rates of basic pay for posi- (i) TOTAL AMOUNT.—The total amount of the ties of the Directorate, the Director shall coordi-
tions to which employees are appointed under additional payments paid to an employee under nate and collaborate as appropriate with the
clause (i)— this subsection for any 12-month period may not Secretary of Energy, the Director of the Na-
(I) in the case of employees appointed pursu- exceed the maximum amount of total compensa- tional Institute of Standards and Technology,
ant to clause (i) to any of 5 positions designated tion payable at the salary set in accordance and the heads of other Federal research agen-
by the Foundation for purposes of this clause, with section 104 of title, United States Code. cies, as appropriate, to further the goals of this
at rates not in excess of a rate equal to 150 per- (ii) ELIGIBILITY FOR PAYMENTS.—An employee subtitle.
cent of the maximum rate of basic pay author- appointed under this subsection is not eligible (b) AVOID DUPLICATION.—The Director shall
ized for positions at level I of the Executive for any bonus, monetary award, or other mone- ensure, to the greatest extent practicable, that
Schedule under section 5312 of title 5, United tary incentive for service, except for payments activities carried out by the Directorate are not
States Code; and authorized under this subsection. duplicative of activities supported by other parts
(II) in the case of any other employee ap- (E) LIMITATION ON NUMBER OF HIGHLY QUALI- of the Foundation or other relevant Federal
pointed pursuant to clause (i), at rates not in FIED EXPERTS.—The number of highly qualified agencies. In carrying out the activities pre-
excess of the maximum rate of basic pay author- experts appointed and retained by the Founda- scribed by this division, the Director shall co-
ized for senior-level positions under section 5376 tion under sub (B)(i) shall not exceed 70 at any ordinate with the interagency working group es-
of title 5, United States Code; and time. tablished under subtitle F of title VI and heads
(iii) pay any employee appointed under sub- (F) SAVINGS PROVISIONS.—In the event that of other Federal research agencies to ensure
paragraph (A), other than an employee ap- the Foundation terminates the program under these activities enhance and complement, but do
pointed to a position designated as described in this paragraph, in the case of an employee who, not constitute unnecessary duplication of effort
clause (ii)(I), payments in addition to basic pay on the day before the termination of the pro- and to ensure the responsible stewardship of
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within the limit applicable to the employee gram, is serving in a position pursuant to an ap- funds.
under subparagraph (D). pointment under this paragraph— (c) EMERGING TECHNOLOGIES.—After comple-
(C) LIMITATION ON TERM OF APPOINTMENT.— (i) the termination of the program does not tion of the studies regarding emerging tech-
(i) IN GENERAL.—Except as provided in clause terminate the employee’s employment in that po- nologies conducted by the Secretary of Com-
(ii), the service of an employee under an ap- sition before the expiration of the lesser of— merce under title XV of division FF of the Con-
pointment under subparagraph (B)(i) may not (I) the period for which the employee was ap- solidated Appropriations Act, 2021 (Public Law
exceed 4 years. pointed; or 116–260), the Director shall consider the results
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H7334 CONGRESSIONAL RECORD — HOUSE July 28, 2022
of such studies in carrying out the activities of SEC. 10399E. SUNSHINE ACT COMPLIANCE. (8) Accelerating the translation and commer-
the Directorate. Section 15(a) of the National Science Founda- cialization of engineering biology and biomanu-
SEC. 10398. ETHICAL, LEGAL, AND SOCIETAL CON- tion Authorization Act of 2002 (42 U.S.C. 1862n– facturing research and development by the pri-
SIDERATIONS. 5(a)) is amended— vate sector.
The Director shall engage, as appropriate, ex- (1) so that paragraph (3) reads as follows: (9) Improving the interagency planning and
perts in the social dimensions of science and ‘‘(3) COMPLIANCE REVIEW.—The Inspector coordination of Federal Government activities
technology and set up formal avenues for public General of the Foundation shall conduct a re- related to engineering biology.
input, as appropriate, to ensure that ethical, view of the compliance by the Board with the (b) INITIATIVE ACTIVITIES.—The activities of
legal, and societal considerations are taken into requirements described in paragraph (2) as nec- the Initiative shall include the following:
account in the priorities and activities of the Di- essary based on a triennial risk assessment. Any (1) Sustained support for engineering biology
rectorate, including in the selection of the chal- review deemed necessary shall examine the pro- research and development through the fol-
lenges and key technology focus areas under posed and actual content of closed meetings and lowing:
determine whether the closure of the meetings (A) Grants to fund the work of individual in-
section 10387 and the award-making process,
was consistent with section 552b of title 5, vestigators and teams of investigators, including
and throughout all stages of supported projects.
United States Code.’’; and interdisciplinary teams.
SEC. 10399. REPORTS AND ROADMAPS. (B) Projects funded under joint solicitations
(2) by striking paragraphs (4) and (5) and in-
(a) ANNUAL REPORT.—The Director shall pro- by a collaboration of not fewer than two agen-
serting the following:
vide to the relevant authorizing and appropria- cies participating in the Initiative.
‘‘(4) MATERIALS RELATING TO CLOSED POR-
tions committees of Congress an annual report (C) Interdisciplinary research centers that are
TIONS OF MEETING.—To facilitate the risk assess-
describing projects supported by the Directorate organized to investigate basic research ques-
ment required under paragraph (3) of this sub-
during the previous year. tions, carry out technology development and
section, and any subsequent review conducted
(b) ROADMAP.—Not later than 1 year after the by the Inspector General, the Office of the Na- demonstration activities, and increase under-
date of enactment of this Act, the Director shall standing of how to scale up engineering biology
tional Science Board shall maintain the General
provide to the relevant authorizing and appro- processes, including biomanufacturing.
Counsel’s certificate, the presiding officer’s
priations committees of Congress a roadmap de- (2) Sustained support for databases and re-
statement, and a transcript or recording of any
scribing the strategic vision that the Directorate lated tools, including the following:
closed meeting, for at least 3 years after such (A) Support for the establishment, curation,
will use to guide investment decisions over the
meeting.’’. and maintenance of curated genomics,
following 3 years.
SEC. 10399F. SCIENCE AND ENGINEERING INDICA- epigenomics, and other relevant omics data-
(c) REPORTS.—Not later than 1 year after the TORS REPORT SUBMISSION.
date of enactment of this Act and every 3 years bases, including plant, animal, and microbial
Section 4(j)(1) of the National Science Foun- databases, that are available to researchers to
thereafter, the Director, in consultation with
dation Act of 1950 (42 U.S.C. 1863(j)(1)) is carry out engineering biology research in a
the heads of relevant Federal agencies, shall
amended by striking ‘‘January 15’’ and inserting manner that does not compromise national secu-
prepare and submit to Congress—
‘‘March 15’’. rity or the privacy or security of information
(1) a strategic vision for the next 5 years for
the Directorate, including a description of how TITLE IV—BIOECONOMY RESEARCH AND within such databases.
the Foundation will increase funding for re- DEVELOPMENT (B) Development of standards for such data-
search and education for populations underrep- SEC. 10401. DEFINITIONS. bases, including for curation, interoperability,
resented in STEM and geographic areas; and In this title: and protection of privacy and security.
(2) a description of the planned activities of (1) INITIATIVE.—The term ‘‘Initiative’’ means (C) Support for the development of computa-
the Directorate to secure federally funded the National Engineering Biology Research and tional tools, including artificial intelligence
science and technology pursuant to section 1746 Development Initiative established under section tools, that can accelerate research and innova-
of the National Defense Authorization Act for 10402. tion using such databases.
Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. (2) OMICS.—The term ‘‘omics’’ refers to the (D) An inventory and assessment of all Fed-
6601 note) and section 223 of William M. (Mac) collective technologies used to explore the roles, eral government omics databases to identify op-
Thornberry National Defense Authorization Act relationships, and actions of the various types portunities to improve the utility of such data-
for Fiscal Year 2021 (Public Law 116–283) and of molecules that make up the cells and systems bases, as appropriate and in a manner that does
the requirements under subtitle D of this title of an organism and the systems level analysis of not compromise national security or the privacy
and subtitle E of title VI . their functions. and security of information within such data-
bases, and inform investment in such databases
(d) SELECTION CRITERIA REPORT.—Not later SEC. 10402. NATIONAL ENGINEERING BIOLOGY
as critical infrastructure for the engineering bi-
than 24 months after the establishment of the RESEARCH AND DEVELOPMENT INI-
TIATIVE. ology research enterprise.
Directorate, the Director shall prepare and sub-
(3) Sustained support for the development, op-
mit a report to Congress regarding the use of al- (a) IN GENERAL.—The President, acting
timization, and validation of novel tools and
ternative methods for the selection of award re- through the Office of Science and Technology
technologies to enable the dynamic study of mo-
cipients and the distribution of funding to re- Policy, shall implement a National Engineering
lecular processes in situ, including through the
cipients, as compared to the traditional peer re- Biology Research and Development Initiative to
following:
view process. advance societal well-being, national security,
(A) Research conducted at Federal labora-
SEC. 10399A. EVALUATION. sustainability, and economic productivity and
tories.
(a) IN GENERAL.—After the Directorate has competitiveness through the following: (B) Grants to fund the work of investigators
been in operation for 6 years, the Director shall (1) Advancing areas of research at the inter- at institutions of higher education and other
enter into an agreement with the National section of the biological, physical, chemical, nonprofit research institutions.
Academies to provide an evaluation of how well data, and computational and information (C) Incentivized development of retooled in-
the Directorate is achieving the purposes identi- sciences and engineering to accelerate scientific dustrial sites across the country that foster a
fied in section 10382. understanding and technological innovation in pivot to modernized engineering biology initia-
(b) INCLUSIONS.—The evaluation shall in- engineering biology. tives.
clude— (2) Advancing areas of biomanufacturing re- (D) Awards under the Small Business Innova-
(1) an assessment of the impact of Directorate search to optimize, standardize, scale, and de- tion Research Program and the Small Business
activities on the Foundation’s primary science liver new products and solutions. Technology Transfer Program (as described in
mission; (3) Supporting social and behavioral sciences section 9 of the Small Business Act (15 U.S.C.
(2) an assessment of the Directorate’s impact and economics research that advances the field 638)).
on the challenges and key technology focus of engineering biology and contributes to the de- (4) Support for education and training of un-
areas under section 10387; velopment and public understanding of new dergraduate and graduate students in engineer-
(3) an assessment of efforts to ensure coordi- products, processes, and technologies. ing biology, biomanufacturing, bioprocess engi-
(4) Improving the understanding of engineer- neering, and computational science applied to
nation between the Directorate and other Fed-
ing biology of the scientific and lay public and engineering biology and in the related ethical,
eral agencies, and with external entities;
supporting greater evidence-based public dis- legal, environmental, safety, security, and other
(4) a description of lessons learned from oper-
course about its benefits and risks. societal domains.
ation of the Directorate; and
(5) Supporting research relating to the risks (5) Support for a national network of testbeds
(5) recommended funding levels for the Direc-
and benefits of engineering biology, including based on open standards, interfaces, and proc-
torate;
under subsection (d). esses, including by repurposing existing facili-
(c) AVAILABILITY.—On completion of the eval-
(6) Supporting the development of novel tools ties such as those specified in paragraph (3)(C),
uation, the evaluation shall be made available
and technologies to accelerate scientific under- that would enable scale up of laboratory engi-
to Congress and the public.
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standing and technological innovation in engi- neering biology research.
Subtitle H—Administrative Amendments neering biology. (6) Activities to develop robust mechanisms for
SEC. 10399D. SUPPORTING VETERANS IN STEM (7) Expanding the number of researchers, edu- documenting and quantifying the outputs and
CAREERS. cators, and students and a retooled workforce economic benefits of engineering biology.
Section 3(c) of the Supporting Veterans in with engineering biology training, including (7) Activities to accelerate the translation and
STEM Careers Act (42 U.S.C. 1862t) is amended from traditionally underrepresented and under- commercialization of new products, processes,
by striking ‘‘annual’’ and inserting ‘‘biennial’’. served populations. and technologies by carrying out the following:
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7335
(A) Identifying precompetitive research oppor- every five years thereafter, a strategic plan sub- ing a breakout of spending for each agency par-
tunities. mitted to the Committee on Science, Space, and ticipating in the Program, and for the develop-
(B) Facilitating public-private partnerships in Technology, the Committee on Agriculture, and ment and acquisition of any research facilities
engineering biology research and development, the Committee on Energy and Commerce of the and instrumentation.
including to address barriers to scaling up inno- House of Representatives and the Committee on (2) An assessment of how Federal agencies are
vations in engineering biology. Commerce, Science, and Transportation, the implementing the plan described in subsection
(C) Connecting researchers, graduate stu- Committee on Agriculture, Nutrition, and For- (a)(3), including the following:
dents, and postdoctoral fellows with entrepre- estry, the Committee on Small Business and En- (A) A description of the amount and number
neurship education and training opportunities. trepreneurship, and the Committee on Health, of awards made under the Small Business Inno-
(D) Supporting proof of concept activities and Education, Labor, and Pensions of the Senate vation Research Program and the Small Busi-
the formation of startup companies including that— ness Technology Transfer Program (as described
through programs such as the Small Business (A) guides the activities of the Initiative for in section 9 of the Small Business Act (15 U.S.C.
Innovation Research Program and the Small purposes of meeting the goals and priorities es- 638)) in support of the Initiative.
Business Technology Transfer Program. tablished under (and updated pursuant to) (B) A description of the amount and number
(c) EXPANDING PARTICIPATION.—The Initiative paragraph (2); and of projects funded under joint solicitations by a
shall include, to the maximum extent prac- (B) describes— collaboration of not fewer than two agencies
ticable, outreach to primarily undergraduate (i) the Initiative’s support for long-term fund- participating in the Initiative.
and historically Black colleges and universities, ing for interdisciplinary engineering biology re- (C) A description of effects of newly-funded
Tribal Colleges or Universities, and minority- search and development; projects by the Initiative.
(ii) the Initiative’s support for education and (c) INITIATIVE COORDINATION OFFICE.—
serving institutions about Initiative opportuni- (1) IN GENERAL.—The President shall establish
ties, and shall encourage the development of re- public outreach activities;
(iii) the Initiative’s support for research and an Initiative Coordination Office, with a Direc-
search collaborations between research-intensive tor and full-time staff, which shall—
universities and primarily undergraduate and other activities on ethical, legal, environmental,
(A) provide technical and administrative sup-
historically Black colleges and universities, safety, security, and other appropriate societal
port to the interagency committee and the advi-
Tribal Colleges or Universities, and minority- issues related to engineering biology, includ-
sory committee established under subsection (a)
serving institutions. ing—
(I) an applied biorisk management research and section 10404;
(d) ETHICAL, LEGAL, ENVIRONMENTAL, SAFETY, (B) serve as the point of contact on Federal
SECURITY, AND SOCIETAL ISSUES.—Initiative ac- plan;
engineering biology activities for government or-
tivities shall take into account ethical, legal, en- (II) recommendations for integrating security
ganizations, academia, industry, professional
vironmental, safety, security, and other appro- into biological data access and international
societies, State governments, interested citizen
priate societal issues by carrying out the fol- reciprocity agreements;
(III) recommendations for manufacturing re- groups, and others to exchange technical and
lowing: programmatic information;
(1) Supporting research, including in the so- structuring to support engineering biology re-
(C) oversee interagency coordination of the
cial sciences, and other activities addressing search, development, and scaling-up initiatives;
Initiative, including by encouraging and sup-
ethical, legal, environmental, and other appro- and
porting joint agency solicitation and selection of
(IV) an evaluation of existing biosecurity gov-
priate societal issues related to engineering biol- applications for funding of activities under the
ernance policies, guidance, and directives for
ogy, including integrating research on such top- Initiative, as appropriate;
the purposes of creating an adaptable, evidence-
ics with the research and development in engi- (D) conduct public outreach, including dis-
based framework to respond to emerging bio-
neering biology, and encouraging the dissemina- semination of findings and recommendations of
security challenges created by advances in engi-
tion of the results of such research, including the advisory committee, as appropriate;
neering biology; (E) serve as the coordinator of ethical, legal,
through interdisciplinary engineering biology
(iv) how the Initiative will contribute to mov- environmental, safety, security, and other ap-
research centers described in subsection
ing results out of the laboratory and into appli- propriate societal input; and
(b)(1)(C).
cation for the benefit of society and United (F) promote access to, and early application
(2) Supporting research and other activities
States competitiveness; and of, the technologies, innovations, and expertise
related to the safety and security implications of
(v) how the Initiative will measure and track derived from Initiative activities to agency mis-
engineering biology, including outreach to in-
the contributions of engineering biology to sions and systems across the Federal Govern-
crease awareness among Federal researchers
United States economic growth and other soci- ment, and to United States industry, including
and federally-funded researchers at institutions
etal indicators. startup companies.
of higher education about potential safety and (4) Develop a national genomic sequencing
security implications of engineering biology re- (2) FUNDING.—The Director of the Office of
strategy to ensure engineering biology research Science and Technology Policy, in coordination
search, as appropriate. fully leverages plant, animal, and microbe bio-
(3) Ensuring that input from Federal and with each participating Federal department and
diversity, as appropriate and in a manner that agency, as appropriate, shall develop and annu-
non-Federal experts on the ethical, legal, envi- does not compromise economic competitiveness,
ronmental, safety, security, and other appro- ally update an estimate of the funds necessary
national security, or the privacy or security of to carry out the activities of the Initiative Co-
priate societal issues related to engineering biol- human genetic information, to enhance long-
ogy is integrated into the Initiative. ordination Office and submit such estimate with
term innovation and competitiveness in engi- an agreed summary of contributions from each
(4) Ensuring, through the agencies and de- neering biology in the United States.
partments that participate in the Initiative, that agency to Congress as part of the President’s
(5) Develop a plan to utilize Federal programs, annual budget request to Congress.
public input and outreach are integrated into such as the Small Business Innovation Research
the Initiative by the convening of regular and (3) TERMINATION.—The Initiative Coordina-
Program and the Small Business Technology tion Office established under this subsection
ongoing public discussions through mechanisms Transfer Program (as described in section 9 of
such as workshops, consensus conferences, and shall terminate on the date that is 10 years after
the Small Business Act (15 U.S.C. 638)), in sup- the date of the enactment of this Act.
educational events, as appropriate. port of the activities described in section (d) RULE OF CONSTRUCTION.—Nothing in this
(5) Complying with all applicable provisions of 10402(b)(3). section may be construed to alter the policies,
Federal law. (6) In carrying out this section, take into con- processes, or practices of individual Federal
SEC. 10403. INITIATIVE COORDINATION. sideration the recommendations of the advisory agencies in effect on the day before the date of
(a) INTERAGENCY COMMITTEE.—The President, committee established under section 10404, the the enactment of this Act relating to the con-
acting through the Office of Science and Tech- results of the workshop convened under section duct of biomedical research and advanced devel-
nology Policy, shall designate an interagency 10402, existing reports on related topics, and the opment, including the solicitation and review of
committee to coordinate activities of the Initia- views of academic, State, industry, and other extramural research proposals.
tive as appropriate, which shall be co-chaired appropriate groups. SEC. 10404. ADVISORY COMMITTEE ON ENGINEER-
by the Office of Science and Technology Policy. (b) QUINQUENNIAL REPORT.—Beginning with ING BIOLOGY RESEARCH AND DE-
The Director of the Office of Science and Tech- fiscal year 2023 and every five years thereafter VELOPMENT.
nology Policy shall select an additional co- for ten years, the interagency committee shall (a) IN GENERAL.—The agency co-chair of the
chairperson from among the members of the prepare and submit to the Committee on Science, interagency committee established under section
interagency committee. The interagency com- Space, and Technology, the Committee on En- 10403 shall, in consultation with the Office of
mittee shall oversee the planning, management, ergy and Commerce, and the Committee on Agri- Science and Technology Policy, designate or es-
and coordination of the Initiative. The inter- culture of the House of Representatives and the tablish an advisory committee on engineering bi-
agency committee shall carry out the following: Committee on Commerce, Science, and Transpor- ology research and development (in this section
(1) Provide for interagency coordination of tation, the Committee on Health, Education, referred to as the ‘‘advisory committee’’) to be
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Federal engineering biology research, develop- Labor, and Pensions, the Committee on Small composed of not fewer than 12 members, includ-
ment, and other activities undertaken pursuant Business and Entrepreneurship, and the Com- ing representatives of research and academic in-
to the Initiative. mittee on Agriculture, Nutrition, and Forestry stitutions, industry, and nongovernmental enti-
(2) Establish and periodically update goals of the Senate a report that includes the fol- ties, who are qualified to provide advice on the
and priorities for the Initiative. lowing: Initiative.
(3) Develop, not later than 12 months after the (1) A summarized agency budget in support of (b) ASSESSMENT.—The advisory committee
date of the enactment of this Act, and update the Initiative for the current fiscal year, includ- shall assess the following:
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H7336 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(1) The current state of United States competi- SEC. 10406. AGENCY ACTIVITIES. Renewable Energy Office to help transfer fun-
tiveness in engineering biology, including the (a) NATIONAL SCIENCE FOUNDATION.—As part damental research results to industry and accel-
scope and scale of United States investments in of the Initiative, the National Science Founda- erate commercial applications.
engineering biology research and development tion shall carry out the following: (d) DEPARTMENT OF DEFENSE.—As part of the
in the international context. (1) Support research in engineering biology Initiative, the Secretary of Defense shall carry
(2) Current market barriers to commercializa- and biomanufacturing through individual out the following:
tion of engineering biology products, processes, grants, collaborative grants, and through inter- (1) Conduct and support research and devel-
and tools in the United States. disciplinary research centers. opment in engineering biology and associated
(3) Progress made in implementing the Initia- (2) Support research on the environmental, data and information sciences.
tive. legal, ethical, and social implications of engi- (2) Support curriculum development and re-
(4) The need to revise the Initiative. neering biology. search experiences in engineering biology and
(5) The balance of activities and funding (3) Provide support for research instrumenta- associated data and information sciences across
across the Initiative. tion, equipment, and cyberinfrastructure for en- the military education system, including the
(6) Whether the strategic plan developed or gineering biology disciplines, including support service academies, professional military edu-
updated by the interagency committee estab- for research, development, optimization, and cation, and military graduate education.
lished under section 10403 is helping to maintain validation of novel technologies to enable the (3) Assess risks of potential national security
United States leadership in engineering biology. dynamic study of molecular processes in situ. and economic security threats relating to engi-
(7) Whether ethical, legal, environmental, (4) Support curriculum development and re- neering biology.
safety, security, and other appropriate societal search experiences for secondary, under- (e) NATIONAL AERONAUTICS AND SPACE ADMIN-
issues are adequately addressed by the Initia- graduate, and graduate students in engineering ISTRATION.—As part of the Initiative, the Na-
tive. biology and biomanufacturing, including tional Aeronautics and Space Administration
(c) REPORTS.—Beginning not later than two through support for graduate fellowships and shall carry out the following:
years after the date of the enactment of this Act traineeships in engineering biology. (1) Conduct and support research in engineer-
and not less frequently than once every five (5) Award grants, on a competitive basis, to ing biology, including in synthetic biology, and
years thereafter, the advisory committee shall enable institutions to support graduate students related to Earth and space sciences, aero-
submit to the President, the Committee on and postdoctoral fellows who perform some of nautics, space technology, and space explo-
Science, Space, and Technology, the Committee their engineering biology research in an indus- ration and experimentation, consistent with the
on Energy and Commerce, and the Committee on try setting. priorities established in the National Academies’
Agriculture of the House of Representatives, (b) DEPARTMENT OF COMMERCE.— decadal surveys.
and the Committee on Commerce, Science, and (1) NATIONAL INSTITUTE OF STANDARDS AND (2) Award grants, on a competitive basis, that
TECHNOLOGY.—As part of the Initiative, the Di- enable institutions to support graduate students
Transportation, the Committee on Health, Edu-
cation, Labor, and Pensions, and the Committee rector of the National Institute of Standards and postdoctoral fellows who perform some of
on Agriculture, Nutrition, and Forestry of the and Technology shall carry out the following: their engineering biology research in an indus-
Senate, a report on the following: (A) Advance the development of standard ref- try setting.
erence materials and measurements, including to (f) DEPARTMENT OF AGRICULTURE.—As part of
(1) The findings of the advisory committee’s
promote interoperability between new compo- the Initiative, the Secretary of Agriculture shall
assessment under subsection (b).
nent technologies and processes for engineering support research and development in engineer-
(2) The advisory committee’s recommendations
biology and biomanufacturing discovery, inno- ing biology through the Agricultural Research
for ways to improve the Initiative.
vation, and production processes. Service, the National Institute of Food and Ag-
(d) APPLICATION OF FEDERAL ADVISORY COM-
(B) Establish new data tools, techniques, and riculture programs and grants, and the Office of
MITTEE ACT.—Section 14 of the Federal Advisory
processes necessary to advance engineering biol- the Chief Scientist.
Committee Act (5 U.S.C. App.) shall not apply to
ogy and biomanufacturing. (g) ENVIRONMENTAL PROTECTION AGENCY.—As
the advisory committee.
(C) Provide access to user facilities with ad- part of the Initiative, the Environmental Protec-
(e) TERMINATION.—The advisory committee es-
vanced or unique equipment, services, materials, tion Agency shall support research on how
tablished under subsection (a) shall terminate
and other resources to industry, institutions of products, processes, and systems of engineering
on the date that is 10 years after the date of the
higher education, nonprofit organizations, and biology will affect or can protect the environ-
enactment of this Act.
government agencies to perform research and ment.
SEC. 10405. EXTERNAL REVIEW OF ETHICAL, testing. (h) DEPARTMENT OF HEALTH AND HUMAN
LEGAL, ENVIRONMENTAL, SAFETY,
(D) Provide technical expertise to inform the SERVICES.—As part of the Initiative, the Sec-
SECURITY, AND SOCIETAL ISSUES.
potential development of guidelines or safe- retary of Health and Human Services, as appro-
(a) IN GENERAL.—Not later than six months guards for new products, processes, and systems priate and consistent with activities of the De-
after the date of enactment of this Act, the Di- of engineering biology. partment of Health and Human Services in ef-
rector of the National Science Foundation shall (2) NATIONAL OCEANIC AND ATMOSPHERIC AD- fect on the day before the date of the enactment
seek to enter into an agreement with the Na- MINISTRATION.—As part of the initiative, the Ad- of this Act, shall carry out the following:
tional Academies of Sciences, Engineering, and ministrator of the National Oceanic and Atmos- (1) Support research and development to ad-
Medicine to conduct a review, and make rec- pheric Administration shall carry out the fol- vance the understanding and application of en-
ommendations with respect to, the ethical, legal, lowing: gineering biology for human health.
environmental, safety, security, and other ap- (A) Conduct and support research in omics (2) Support relevant interdisciplinary research
propriate societal issues related to engineering and associated bioinformatic sciences and de- and coordination.
biology research and development. The review velop tools and products to improve ecosystem (3) Support activities necessary to facilitate
shall include the following: stewardship, monitoring, management, assess- oversight of relevant emerging biotechnologies.
(1) An assessment of the current research on ments. and forecasts, consistent with the mis- SEC. 10407. RULE OF CONSTRUCTION.
such issues. sion of the agency. Nothing in this title may be construed to re-
(2) A description of the research needs relat- (B) Collaborate with other agencies to under- quire public disclosure of information that is ex-
ing to such issues. stand potential environmental threats and safe- empt from mandatory disclosure under section
(3) Recommendations on how the Initiative guards related to engineering biology. 552 of title 5, United States Code.
can address the research needs identified pursu- (c) DEPARTMENT OF ENERGY.—As part of the
ant to paragraph (2). TITLE V—BROADENING PARTICIPATION IN
Initiative, the Secretary of Energy shall carry
(4) Recommendations on how researchers en- SCIENCE
out the following:
gaged in engineering biology can best incor- (1) Conduct and support research, develop- Subtitle A—STEM Opportunities
porate considerations of such issues into the de- ment, demonstration, and commercial applica- SEC. 10501. FEDERAL RESEARCH AGENCY POLI-
velopment of research proposals and the con- tion activities in engineering biology, including CIES FOR CAREGIVERS.
duct of research. in the areas of synthetic biology, advanced (a) OSTP GUIDANCE.—Not later than 12
(b) REPORT TO CONGRESS.—The agreement en- biofuel and bioproduct development, biobased months after the date of the enactment of this
tered into under subsection (a) shall require the materials, and environmental remediation. Act, the Director, in consultation with the
National Academies of Sciences, Engineering, (2) Support the development, optimization and heads of relevant agencies, shall provide guid-
and Medicine to, not later than two years after validation of novel, scalable tools and tech- ance to each Federal research agency to estab-
the date of the enactment of this Act— nologies to enable the dynamic study of molec- lish policies that—
(1) submit to the Committee on Science, Space, ular processes in situ. (1) apply to all—
and Technology and the Committee on Agri- (3) Provide access to user facilities with ad- (A) research awards granted by such agency;
culture of the House of Representatives and the vanced or unique equipment, services, materials, and
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Committee on Commerce, Science, and Transpor- and other resources, including secure access to (B) principal investigators of such research
tation and the Committee on Agriculture, Nutri- high-performance computing, as appropriate, to and their trainees, including postdoctoral re-
tion, and Forestry of the Senate a report con- industry, institutions of higher education, non- searchers and graduate students, who have
taining the findings and recommendations of profit organizations, and government agencies caregiving responsibilities, including care for a
the review conducted under subsection (a); and to perform research and testing;. newborn or newly adopted child and care for an
(2) make a copy of such report available on a (4) Strengthen collaboration between the Of- immediate family member who has a disability
publicly accessible website. fice of Science and the Energy Efficiency and or a serious health condition; and
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7337
(2) provide, to the extent feasible— tunities Act (42 U.S.C. 1885d; Public Law 96– Director of the National Science Foundation
(A) flexibility in timing for the initiation of 516). $4,000,000 in each of fiscal years 2023 through
approved research awards granted by such SEC. 10503. POLICIES FOR REVIEW OF FEDERAL 2025 to develop and carry out the initial survey
agency; RESEARCH AWARDS. required under subsection (a).
(B) no-cost extensions of such research (a) ASSESSMENT OF POLICIES.—Federal re- SEC. 10505. CULTURAL AND INSTITUTIONAL BAR-
awards; search agencies shall regularly assess, and up- RIERS TO EXPANDING THE ACA-
(C) award supplements, as appropriate, to re- date as necessary, policies, and practices to re- DEMIC AND FEDERAL STEM WORK-
search awards to sustain research activities con- move or reduce cultural and institutional bar- FORCE.
ducted under such awards; and riers limiting the recruitment, retention, and (a) BEST PRACTICES.—
(D) any other appropriate accommodations at success of groups historically underrepresented (1) DEVELOPMENT OF GUIDANCE.—Not later
the discretion of the director of each such agen- in STEM research careers, including policies than 12 months after the date of enactment of
cy. and practices relevant to the unbiased review of this Act, the Director, in consultation with the
(b) UNIFORMITY OF GUIDANCE.—In providing Federal research applications. interagency working group on inclusion in
guidance under subsection (a), the Director (b) CONSIDERATIONS AND ACTIVITIES.—In car- STEM and utilizing existing guidance already
shall encourage uniformity, to the extent prac- rying out the requirements under subsection (a), developed by Federal research agencies where
ticable, and consistency in the policies estab- Federal research agencies shall— applicable, shall broadly disseminate to entities
lished pursuant to such guidance across all Fed- (1) review current levels of participation of that receive Federal research funding best prac-
eral research agencies. groups historically underrepresented in STEM tices for—
(c) ESTABLISHMENT OF POLICIES.—Consistent, in peer-review panels and consider approaches (A) conducting periodic climate surveys of
to the extent practicable, with the guidance for expanding their participation; STEM departments and divisions, with a par-
under subsection (a), Federal research agencies (2) analyze the data collected under section ticular focus on identifying and addressing any
shall— 10502, including funding rates of proposals from cultural or institutional barriers to the recruit-
(1) maintain or develop and implement policies all groups, including those historically under- ment, retention, or advancement of groups his-
for individuals described in paragraph (1)(B) of represented in STEM; torically underrepresented in STEM studies and
such subsection; and (3) collect and disseminate best practices to re- careers; and
(2) broadly disseminate in easily accessible move or reduce cultural and institutional bar- (B) providing educational opportunities, in-
formats such policies to current and potential riers limiting the recruitment, retention, and cluding workshops, for STEM professionals to
award recipients. success of groups historically underrepresented learn about current research on effective prac-
(d) DATA ON USAGE.—Federal research agen- in STEM research careers; and tices for unbiased recruitment, evaluation, and
cies shall consider— (4) implement evidence-based policies and promotion of undergraduate and graduate stu-
(1) collecting data, including demographic practices to achieve the goals of this section. dents and research personnel.
data that can be disaggregated by sex, geo- SEC. 10504. COLLECTION OF DATA ON DEMO- (2) ESTABLISHMENT OF POLICIES.—Consistent
graphic location, and socioeconomic indicators, GRAPHICS OF FACULTY. with the guidance developed under paragraph
which may include employment status, occupa- (a) COLLECTION OF DATA.— (1)—
tion, educational attainment, parental edu- (1) IN GENERAL.—Not later than 5 years after (A) The Director of the National Science
cation, and income, on the usage of the policies the date of the enactment of this Act and at Foundation, in consultation with the heads of
under subsection (c), at both institutions of least every five years thereafter, the Director of Federal research agencies, shall develop a policy
higher education and Federal laboratories; and the National Science Foundation shall carry out that—
(2) reporting such data on an annual basis to a survey to collect data from award recipients (i) applies to, at a minimum, doctoral degree
the Director in such form as required by the Di- on the demographics of STEM faculty, by broad granting institutions that receive Federal re-
rector. fields of STEM, at different types of institutions search funding; and
SEC. 10502. COLLECTION AND REPORTING OF (ii) requires each such institution, not later
of higher education that receive Federal re-
DATA ON FEDERAL RESEARCH than 3 years after the date of enactment of this
search funding.
AWARDS. (2) SURVEY CONSIDERATIONS.—To the extent Act, and to the extent practicable, to report to
(a) COLLECTION OF DATA.— practicable, the Director of the National Science the Director of the National Science Foundation
(1) IN GENERAL.—Each Federal research agen- Foundation shall survey, by sex, race, socio- on activities and policies developed and imple-
cy shall collect, as practicable, with respect to economic indicators, which may include employ- mented based on the guidance disseminated
all applications for merit-reviewed research and ment status, occupation, educational attain- under paragraph (1); and
development awards made by such agency, (B) each Federal research agency with a Fed-
ment, parental education, and income, geo-
standardized record-level annual information on eral laboratory shall maintain or develop and
graphic location, ethnicity, citizenship status,
demographics, primary field, award type, insti- implement practices and policies for the pur-
and years since completion of doctoral degree—
tution type, review rating, budget request, fund- poses described in paragraph (1) for such lab-
(A) the number and percentage of faculty;
ing outcome, and awarded budget. (B) the number and percentage of faculty at oratory and, not later than three years after the
(2) UNIFORMITY AND STANDARDIZATION.—The each rank; date of the enactment of this Act, each Federal
Director, in consultation with the heads of each (C) the number and percentage of faculty who laboratory shall report to the head of such
Federal research agency, shall establish, and are in nontenure-track positions, including agency on such practices and policies.
update as necessary, a policy to ensure uni- teaching and research; (b) REPORT TO CONGRESS.—Not later than
formity and standardization of the data collec- (D) the number and percentage of faculty who four years after the date of the enactment of
tion required under paragraph (1). are reviewed for promotion, including tenure, this Act, the Director of the National Science
(3) RECORD-LEVEL DATA.— and the percentage of that number who are pro- Foundation shall submit a report to Congress
(A) REQUIREMENT.—Beginning not later than moted, including being awarded tenure; that includes a summary and analysis of the
two years after the issuance of the policy under (E) faculty years in rank; types and frequency of activities and policies
paragraph (2) to Federal research agencies, and (F) the number and percentage of faculty to developed and carried out under subsection (a)
on an annual basis thereafter, each Federal re- leave tenure-track positions; based on the reports submitted under paragraph
search agency shall submit to the National Cen- (G) the number and percentage of faculty (2) of such subsection.
ter for Science and Engineering Statistics hired, by rank; and SEC. 10506. EXISTING ACTIVITIES.
record-level data collected under paragraph (1) (H) the number and percentage of faculty in A Federal research agency may satisfy re-
in the form required by the Director of the Na- leadership positions. quirements under this subtitle through activities
tional Science Foundation. (b) EXISTING SURVEYS.—The Director of the and programs in existence as of the date of the
(B) PREVIOUS DATA.—As part of the first sub- National Science Foundation, may, in modi- enactment of this Act.
mission under subparagraph (A), each Federal fying or expanding existing Federal surveys of SEC. 10507. REPORT TO CONGRESS.
research agency, to the extent practicable, shall higher education (as necessary)— Not later than four years after the date of the
also submit comparable record-level data, if it is (1) take into account the considerations under enactment of this Act, the Director shall submit
available to the agency, for the five years pre- subsection (a)(2) by collaborating with statis- to Congress a report that includes the following:
ceding the date of such submission, or an anal- tical centers at other Federal agencies; or (1) A description and evaluation of the status
ysis for why such data cannot be provided. (2) make an award to an institution of higher and usage of policies implemented pursuant to
(b) REPORTING OF DATA.—The Director of the education or nonprofit organization (or con- section 10505 at all Federal research agencies,
National Science Foundation shall publish sta- sortia thereof) to take such considerations into including any recommendations for revising or
tistical summary data, as practicable, collected account. expanding such policies.
under this section, disaggregated and cross-tab- (c) REPORTING DATA.—The Director of the Na- (2) With respect to efforts to remove or reduce
ulated by race, ethnicity, sex, socioeconomic in- tional Science Foundation shall publish statis- cultural and institutional barriers limiting the
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dicators, which may include employment status, tical summary data collected under this section, recruitment, retention, and success of groups
occupation, educational attainment, parental including as part of the National Science Foun- historically underrepresented in academic and
education, and income, geographic location, dation’s report required by section 37 of the government STEM research careers under sec-
and years since completion of doctoral degree, Science and Engineering Equal Opportunities tion 10505—
including in conjunction with the National Act (42 U.S.C. 1885d; Public Law 96–516). (A) what steps all Federal research agencies
Science Foundation’s report required by section (d) AUTHORIZATION OF APPROPRIATIONS.— have taken to implement policies and practices
37 of the Science and Engineering Equal Oppor- There are authorized to be appropriated to the to further such efforts;
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H7338 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(B) a description of any significant updates to (B) RURAL STEM COLLABORATIVE.—The Direc- gagement and achievement of rural students in
the policies for review of Federal research tor shall establish a pilot program of regional prekindergarten through grade 12 in STEM
awards required under such section; and cohorts in rural areas that will provide peer studies.
(C) any evidence of the impact of such policies support, mentoring, and hands-on research ex- (4) In the case of a proposal consisting of a
on the review or awarding of Federal research periences for rural STEM educators, principals, partnership or partnerships with one or more
awards; and and other school leaders of students in pre- rural schools and one or more researchers, a
(3) A description and evaluation of the status kindergarten through grade 12, in order to build plan for establishing a sustained partnership
of institution of higher education and Federal an ecosystem of cooperation among educators, that is jointly developed and managed, draws
laboratory policies and practices required under principals, other school leaders, researchers, from the capacities of each partner, and is mu-
section 10505, including any recommendations academia, and local industry. tually beneficial.
for revising or expanding such policies. (b) BROADENING PARTICIPATION OF RURAL (d) PARTNERSHIPS.—In making awards under
SEC. 10508. MERIT REVIEW. STUDENTS IN STEM.— subsection (a) or (b), the Director shall—
Nothing in this subtitle may be construed as (1) IN GENERAL.—The Director shall make (1) encourage applicants which, for the pur-
altering any intellectual or broader impacts cri- awards on a merit- reviewed, competitive basis pose of the activity or activities funded through
teria at Federal research agencies for evaluating to institutions of higher education or nonprofit the award, include or partner with a nonprofit
award applications. organizations (or a consortium thereof) for— organization or an institution of higher edu-
SEC. 10509. DETERMINATION OF BUDGETARY EF- (A) research and development of programming cation (or a consortium thereof) that has exten-
FECTS. to identify the barriers rural students face in ac- sive experience and expertise in increasing the
The budgetary effects of this subtitle, for the cessing high-quality STEM education; and participation of rural students in prekinder-
purpose of complying with the Statutory Pay- (B) development of innovative solutions to im- garten through grade 12 in STEM;
As-You-Go Act of 2010, shall be determined by prove the participation and advancement of
(2) encourage applicants which, for the pur-
reference to the latest statement titled ‘‘Budg- rural students in prekindergarten through grade
pose of the activity or activities funded through
etary Effects of PAYGO Legislation’’ for this 12 in STEM studies.
the award, include or partner with a consortium
subtitle, submitted for printing in the Congres- (2) USE OF FUNDS.—
of rural schools or rural school districts; and
sional Record by the Chairman of the House (A) IN GENERAL.—Awards made under this
subsection shall be used for the research and de- (3) encourage applications which, for the pur-
Budget Committee, provided that such statement
velopment activities referred to in paragraph (1), pose of the activity or activities funded through
has been submitted prior to the vote on passage.
which may include— the award, include commitments from school
SEC. 10510. DEFINITION.
(i) developing partnerships with community principals, other school leaders, and administra-
In this subtitle, the term ‘‘Director’’ means the
colleges to offer advanced STEM course work, tors to making reforms and activities proposed
Director of the Office of Science and Technology
including computer science, to rural high school by the applicant a priority.
Policy.
students; (e) EVALUATIONS.—All proposals for awards
Subtitle B—Rural STEM Education Research under subsections (a) and (b) shall include an
(ii) supporting research on effective STEM
SEC. 10511. DEFINITION. evaluation plan that includes the use of out-
practices in rural settings;
In this subtitle, the term ‘‘Director’’ means the (iii) implementing a school-wide STEM ap- come-oriented measures to assess the impact and
Director of the National Science Foundation. proach, including preparation and support for efficacy of the award. Each recipient of an
SEC. 10512. NATIONAL SCIENCE FOUNDATION principals and other school leaders; award under this subsection shall include re-
RURAL STEM ACTIVITIES. sults from these evaluative activities in annual
(iv) improving the Foundation’s Advanced
(a) PREPARING RURAL STEM EDUCATORS.— Technology Education program’s coordination and final projects.
(1) IN GENERAL.—The Director shall make (f) ACCOUNTABILITY AND DISSEMINATION.—
and engagement with rural communities;
awards on a merit- reviewed, competitive basis
(v) collaborating with existing community (1) EVALUATION REQUIRED.—The Director
to institutions of higher education or nonprofit
partners and networks, such as the Cooperative shall evaluate the portfolio of awards made
organizations (or a consortium thereof) for re-
Extension System services and extramural re- under subsections (a) and (b). Such evaluation
search and development activities to advance in-
search programs of the Department of Agri- shall—
novative approaches to support and sustain
culture and youth serving organizations like 4- (A) use a common set of benchmarks and tools
high-quality STEM teaching in rural schools.
H, after school STEM programs, and summer to assess the results of research conducted under
(2) USE OF FUNDS.—
(A) IN GENERAL.—Awards made under this STEM programs, to leverage community re- such awards and identify best practices; and
subsection shall be used for the research and de- sources and develop place-based programming; (B) to the extent practicable, integrate the
velopment activities referred to in paragraph (1), (vi) connecting rural school districts and insti- findings of research resulting from the activity
which may include— tutions of higher education, to improve or activities funded through such awards with
(i) engaging rural educators, principals, or precollegiate STEM education and engagement; the findings of other research on rural students’
other school leaders of students in prekinder- (vii) supporting partnerships that offer hands- pursuit of degrees or careers in STEM.
garten through grade 12 in professional learning on inquiry-based science activities, including (2) REPORT ON EVALUATIONS.—Not later than
opportunities to enhance STEM knowledge, in- coding, and access to lab resources for students 180 days after the completion of the evaluation
cluding computer science, and develop best studying STEM in prekindergarten through under paragraph (1), the Director shall submit
practices; grade 12 in a rural area; to Congress and make widely available to the
(ii) supporting research on effective STEM (viii) evaluating the role of broadband public a report that includes—
teaching and school leadership practices in connectivity and its associated impact on the (A) the results of the evaluation; and
rural settings, including the use of rubrics and STEM and technology literacy of rural students;
(B) any recommendations for administrative
mastery- based grading practices to assess stu- (ix) building capacity to support extra-
and legislative action that could optimize the ef-
dent performance when employing the curricular STEM programs in rural schools, in-
fectiveness of the awards made under this sub-
transdisciplinary teaching approach for STEM cluding mentor-led engagement programs, STEM
section.
disciplines; programs held during non-school hours, STEM
networks, makerspaces, coding activities, and (g) REPORT BY COMMITTEE ON EQUAL OPPOR-
(iii) designing and developing pre-service and TUNITIES IN SCIENCE AND ENGINEERING.—As part
in-service training resources to assist such rural competitions;
(x) creating partnerships with local industries of the first report required by section 36(e) of the
educators, principals, and other school leaders Science and Engineering Equal Opportunities
in adopting transdisciplinary teaching practices and local educational agencies to tailor STEM
curricula and educational experiences to the Act (42 U.S.C. 1885c(e)) transmitted to Congress
across STEM courses; after the date of enactment of this division, the
(iv) coordinating with local partners to adapt needs of a particular local or regional economy;
and Committee on Equal Opportunities in Science
STEM teaching practices to leverage local, nat-
(xi) any other activity the Director determines and Engineering, in consultation with the Chief
ural, and community assets in order to support
will accomplish the goals of this paragraph. Diversity Officer of the National Science Foun-
in-place learning in rural areas;
(c) APPLICATION.—An applicant seeking an dation, shall include—
(v) providing hands-on training and research
opportunities for rural educators described in award under subsection (a) or (b) shall submit (1) a description of past and present policies
clause (i) at Federal laboratories or institutions an application at such time, in such manner, and activities of the Foundation to encourage
of higher education, or in industry; and containing such information as the Director full participation of students in rural commu-
(vi) developing training and best practices for may require. The application may include the nities in science, mathematics, engineering, and
educators who teach multiple grade levels with- following: computer science fields;
in a STEM discipline; (1) A description of the target population to be (2) an assessment of trends in participation of
(vii) designing and implementing professional served by the research activity or activities for rural students in prekindergarten through grade
development courses and experiences, including which such award is sought. 12 in Foundation activities; and
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mentoring, for rural educators, principals, and (2) A description of the process for recruitment (3) an assessment of the policies and activities
other school leaders described in clause (i) that and selection of students, educators, principals, of the Foundation, along with proposals for new
combine face-to-face and online experiences; and other school leaders, or schools from rural strategies or the broadening of existing success-
and areas to participate in such activity or activi- ful strategies towards facilitating the goal of in-
(viii) any other activity the Director deter- ties. creasing participation of rural students in pre-
mines will accomplish the goals of this para- (3) A description of how such activity or ac- kindergarten through grade 12 in Foundation
graph. tivities may inform efforts to promote the en- activities.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7339
(h) COORDINATION.—In carrying out this sub- (1) evaluates the quality and quantity of cur- Subtitle C—MSI STEM Achievement
section, the Director shall, for purposes of en- rent Federal programming and research directed SEC. 10521. GAO REVIEW.
hancing program effectiveness and avoiding du- at examining STEM education for students in Not later than three years after the date of
plication of activities, consult, cooperate, and prekindergarten through grade 12 and work- the enactment of this Act, the Comptroller Gen-
coordinate with the programs and policies of force development in rural areas; eral of the United States shall report to Con-
other relevant Federal agencies. (2) in coordination with the Federal Commu- gress—
(i) AUTHORIZATION OF APPROPRIATIONS.— nications Commission, assesses the impact that (1) an inventory of competitive funding pro-
There are authorized to be appropriated to the the scarcity of broadband connectivity in rural grams and initiatives carried out by Federal re-
Director— communities, and the affordability of broadband search agencies that are targeted to HBCUs,
(1) $8,000,000 to carry out the activities under connectivity, have on STEM and technical lit- TCUs, and MSIs or partnerships with HBCUs,
subsection (a) for each of fiscal years 2023 eracy for students in prekindergarten through TCUs, and MSIs;
through 2027; and grade 12 in rural areas; (2) an assessment of Federal research agency
(2) $12,000,000 to carry out the activities under (3) assesses the core research and data needed outreach activities to increase the participation
subsection (b) for each of fiscal years 2023 to understand the challenges rural areas are and competitiveness of HBCUs, TCUs, and MSIs
through 2027. facing in providing quality STEM education in the funding programs and initiatives identi-
SEC. 10513. OPPORTUNITIES FOR ONLINE EDU- and workforce development; fied in paragraph (1); and
CATION. (4) makes recommendations for action at the (3) recommendations of the Comptroller Gen-
(a) IN GENERAL.—The Director shall make Federal, State, and local levels for improving eral to increase the participation of and the rate
competitive awards to institutions of higher edu- STEM education, including online STEM edu- of success of HBCUs, TCUs, and MSIs in com-
cation or nonprofit organizations (or a consor- cation, for students in prekindergarten through petitive funding programs offered by Federal re-
tium thereof, which may include a private sector grade 12 and workforce development in rural search agencies.
partner) to conduct research on online STEM areas; and SEC. 10522. AGENCY RESPONSIBILITIES.
education courses for rural communities. (5) makes recommendations to inform the im- (a) IN GENERAL.—In consultation with outside
(b) RESEARCH AREAS.—The research areas eli- plementation of programs in sections 10512 and stakeholders and the heads of Federal research
gible for funding under this subsection shall in- 10513 (lll-LOG262) and (lll-LOG263). agencies and the Interagency Working Group on
clude— (b) REPORT TO DIRECTOR.—The agreement en- Inclusion in STEM, the Director of the Office of
(1) evaluating the learning and achievement tered into under subsection (a) shall require the Science and Technology Policy shall develop a
of rural students in prekindergarten through National Academies, not later than 24 months uniform set of policy guidelines for Federal re-
grade 12 in STEM subjects; after the date of enactment of this division, to search agencies to carry out a sustained pro-
(2) understanding how computer-based and submit to the Director a report on the study con- gram of outreach activities to increase clarity,
online professional development courses and ducted under such paragraph, including the Na- transparency, and accountability for Federal re-
mentor experiences can be integrated to meet the tional Academies’ findings and recommenda- search agency investments in STEM education
needs of educators, principals, and other school tions. and research activities at HBCUs, TCUs, and
leaders of rural students in prekindergarten (c) AUTHORIZATION OF APPROPRIATIONS.— MSIs, including such institutions in rural areas.
through grade 12; There are authorized to be appropriated to the (b) OUTREACH ACTIVITIES.—In developing pol-
(3) combining computer-based and online Director to carry out this section $1,000,000 for icy guidelines under subsection (a) the Director
STEM education and training with mentoring fiscal year 2023. of the Office of Science and Technology Policy
and other applied learning arrangements; SEC. 10515. GAO REVIEW. shall include guidelines that require each Fed-
(4) leveraging online programs to supplement eral research agency—
Not later than 3 years after the date of enact-
STEM studies for rural students that need phys- (1) to designate a liaison for HBCUs, TCUs,
ment of this division, the Comptroller General of
ical and academic accommodation; and and MSIs responsible for—
(5) any other activity the Director determines the United States shall conduct a study on the
engagement of rural populations in Federal (A) enhancing direct communication with
will accomplish the goals of this subsection. HBCUs, TCUs, and MSIs to increase the Fed-
(c) EVALUATIONS.—All proposals for awards STEM education programs and submit to Con-
gress a report that includes— eral research agency’s understanding of the ca-
under this section shall include an evaluation pacity and needs of such institutions and to
plan that includes the use of outcome-oriented (1) an assessment of how Federal STEM edu-
cation programs are serving rural populations; raise awareness of available Federal funding
measures to assess the impact and efficacy of opportunities at such institutions;
the award. Each recipient of an award under (2) a description of initiatives carried out by
Federal agencies that are targeted at supporting (B) coordinating programs, activities, and ini-
this subsection shall include results from these tiatives while accounting for the capacity and
evaluative activities in annual and final STEM education in rural areas;
(3) an assessment of what is known about the needs of HBCUs, TCUs, and MSIs;
projects. (C) tracking Federal research agency invest-
(d) ACCOUNTABILITY AND DISSEMINATION.— impact and effectiveness of Federal investments
in STEM education programs that are targeted ments in and engagement with HBCUs, TCUs,
(1) EVALUATION REQUIRED.—The Director and MSIs; and
shall evaluate the portfolio of awards made to rural areas; and
(D) reporting progress toward increasing par-
under this subsection. Such evaluation shall— (4) an assessment of challenges that State and
ticipation of HBCUs, TCUs, and MSIs in award
(A) use a common set of benchmarks and tools Federal STEM education programs face in
programs;
to assess the results of research conducted under reaching rural population centers.
(2) to the extent practicable, to produce an
such awards and identify best practices; and SEC. 10516. NIST ENGAGEMENT WITH RURAL COM- annual summary of funding opportunities and
(B) to the extent practicable, integrate find- MUNITIES.
proposal deadlines targeted at HBCUs, TCUs,
ings from activities carried out pursuant to re- (a) PRIZE COMPETITION.—Pursuant to section and MSIs, including for grants, contracts, sub-
search conducted under this section, with re- 24 of the Stevenson-Wydler Technology Innova- contracts, and cooperative agreements;
spect to the pursuit of careers and degrees in tion Act of 1980 (15 U.S.C. 3719), the Secretary (3) to the extent practicable, identifying in an-
STEM, with those activities carried out pursu- of Commerce shall carry out a program to award nual budget requests potential areas for collabo-
ant to other research on serving rural students prizes competitively to stimulate research and ration with HBCUs, TCUs, and MSIs in the rel-
and communities. development of creative technologies to support evant fiscal year, including relating to potential
(2) REPORT ON EVALUATIONS.—Not later than the deployment of affordable and reliable meetings and workshops;
180 days after the completion of the evaluation broadband connectivity in rural communities, (4) to investigate proposal structures that sup-
under paragraph (1), the Director shall submit including unserved rural communities. port broader participation by emerging research
to Congress and make widely available to the (b) PLAN FOR DEPLOYMENT IN RURAL COMMU- institutions, including HBCUs, TCUs, and
public a report that includes— NITIES.—Each proposal submitted pursuant to MSIs;
(A) the results of the evaluation; and subsection (a) shall include a proposed plan for (5) to conduct on-site reviews of research fa-
(B) any recommendations for administrative deployment of the technology that is the subject cilities at HBCUs, TCUs, and MSIs, as prac-
and legislative action that could optimize the ef- of such proposal. ticable, and make recommendations regarding
fectiveness of the awards made under this sec- (c) PRIZE AMOUNT.—In carrying out the pro- strategies for becoming more competitive in re-
tion. gram under subsection (a), the Secretary may search;
(e) COORDINATION.—In carrying out this sec- award not more than a total of $5,000,000 to one (6) to hold geographically accessible or virtual
tion, the Director shall, for purposes of enhanc- or more winners of the prize competition. workshops on research priorities of the Federal
ing program effectiveness and avoiding duplica- (d) REPORT.—Not later than 60 days after the research agency and on how to write competi-
tion of activities, consult, cooperate, and coordi- date on which a prize is awarded under the tive award proposals and how to bolster award
nate with the programs and policies of other rel- prize competition, the Secretary shall submit to management capacity for the entire award
evant Federal agencies. the relevant committees of Congress a report lifecycle, from application to completion;
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SEC. 10514. NATIONAL ACADEMIES EVALUATION. that describes the winning proposal of the prize (7) to ensure opportunities for HBCUs, TCUs,
(a) STUDY.—Not later than 12 months after competition. and MSIs to directly communicate with Federal
the date of enactment of this division, the Direc- (e) CONSULTATION.—In carrying out the pro- research agency officials responsible for man-
tor shall enter into an agreement with the Na- gram under this section, the Secretary shall con- aging competitive award programs in order to
tional Academies under which the National sult with the Federal Communications Commis- receive feedback on research ideas and pro-
Academies agree to conduct an evaluation and sion and the heads of relevant departments and posals, including guidance on the Federal re-
assessment that— agencies of the Federal Government. search agency’s merit review process; and
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H7340 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(8) to foster mutually beneficial public-private (2) identify and broadly disseminate effective (B) not be an institution classified as having
collaboration among Federal research agencies, models for programs and practices at HBCUs, very high research activity by the Carnegie
industry, Federal laboratories, academia, and TCUs, and MSIs that promote the education Classification of Institutions of Higher Edu-
nonprofit organizations to— and workforce preparation of minority students cation.
(A) identify alternative sources of funding for pursuing STEM studies and careers in which (c) PARTNERSHIPS.—In making awards under
STEM education and research at HBCUs, TCUs, such students are underrepresented. this section, the Director shall—
and MSIs; (b) RESEARCH.—Research described in this (1) encourage entities that are consortia of eli-
(B) provide access to high-quality, relevant re- subsection is research on the contribution of gible institutions to submit proposals and re-
search experiences for students and faculty of HBCUs, TCUs, and MSIs to the education and quire such proposals to include a plan for estab-
HBCUs, TCUs, and MSIs; training of underrepresented minority students lishing a sustained partnership that is jointly
(C) expand the professional networks of stu- in STEM fields and to the meeting of national developed and managed, draws from the capac-
dents and faculty of HBCUs, TCUs, and MSIs; STEM workforce needs, including relating to ities of each institution, and is mutually bene-
(D) broaden STEM educational opportunities ficial;
the following:
for students and faculty of HBCUs, TCUs, and (1) The diversity with respect to local context, (2) encourage proposals submitted in partner-
MSIs; and cultural differences, and institutional structure ship with the private sector, nonprofit organiza-
(E) support the transition of students of tions, Federal laboratories, and international
among HBCUs, TCUs, and MSIs and any asso-
HBCUs, TCUs, and MSIs into the STEM work- research institutions, as appropriate;
ciated impact on education and research en-
force; (3) require proposals described in paragraphs
(c) STRATEGIC PLAN.— deavors.
(2) Effective practices at HBCUs, TCUs, and (1) and (2) to include a plan to strengthen the
(1) IN GENERAL.—Not later than one year after
MSIs and associated outcomes on student re- administrative and research capacity of the
the date of the enactment of this Act, the Direc-
cruitment, retention, and advancement in STEM partnering HBCUs, TCUs, or MSIs to lead fu-
tor of the Office of Science and Technology Pol-
fields, including the ability for students to com- ture proposals.
icy, in collaboration with the head of each Fed-
pete for fellowships, employment, and advance- (d) VERY HIGH RESEARCH ACTIVITY STATUS
eral research agency, shall submit to Congress a
ment in the workforce. HISTORICALLY BLACK COLLEGES AND UNIVER-
report containing a strategic plan which reflects
(3) Contributions made by HBCUs, TCUs, and SITIES PROGRAM.—Awards under this section
the plans of each Federal research agency to in-
MSIs to local, regional, and national may be used to enable HBCUs which have high
crease the capacity of HBCUs, TCUs, and MSIs
workforces. research activity status to achieve very high re-
to compete effectively for grants, contracts, or
(4) The challenges and opportunities for search activity status, as classified under the
cooperative agreements and to encourage
HBCUs, TCUs, and MSIs in attaining the re- Carnegie Classification of Institutions of Higher
HBCUs, TCUs, and MSIs to participate in Fed-
sources needed for integrating effective practices Education, by enabling—
eral programs.
in STEM education, including providing re- (1) faculty professional development;
(2) CONSIDERATIONS.—In developing a stra-
search experiences for underrepresented minor- (2) stipends for graduate and undergraduate
tegic plan under paragraph (1), the Director
ity students. students, and postdoctoral scholars;
and the head of each Federal research agency (3) acquisition of laboratory equipment and
shall consider the following: (5) The access of students at HBCUs, TCUs,
and MSIs to STEM infrastructure and any asso- instrumentation; and
(A) Issuing new or expanding existing funding
(4) other activities as necessary to build re-
opportunities targeted to HBCUs, TCUs, and ciated outcomes for STEM competency.
search capacity.
MSIs. (6) Models of STEM curriculum, learning, and
(e) PROPOSALS.—To receive an award under
(B) Modifying existing research and develop- teaching successful at HBCUs, TCUs, and MSIs this subsection, an eligible institution shall sub-
ment program solicitations to incentivize effec- for increasing participation, retention, and suc- mit an application to the Director at such time,
tive partnerships with HBCUs, TCUs, and MSIs. cess of underrepresented minority students.
(C) Offering planning grants for HBCUs, in such manner, and containing such informa-
(7) Successful or promising partnerships be-
TCUs, and MSIs to develop or equip grant of- tion as the Director may require, including—
tween HBCUs, TCUs, and MSIs and other insti- (1) a plan that describes how the eligible insti-
fices with the requisite depth of knowledge to tutions of higher education, private sector and tution will establish or expand research office
submit competitive grant proposals and manage nonprofit organizations, Federal laboratories, capacity and how such award would be used
awarded grants. and international research institutions.
(D) Offering additional training programs, in- to—
(c) RESEARCH EXPERIENCES.—Awards under (A) conduct an assessment of capacity-build-
cluding individualized and timely guidance to this section may fund the development or expan-
grant officers, faculty, and postdoctoral re- ing and research infrastructure needs of an eli-
sion of opportunities for the exchange of stu- gible institution;
searchers at HBCUs, TCUs, and MSIs to ensure dents and faculty to conduct research, facilitate (B) enhance institutional resources to provide
their understanding of the requirements for an professional development, and provide administrative research development support to
effective grant proposal. mentorship, including through partnerships
(E) Other approaches for making current com- faculty at an eligible institution;
with institutions of higher education that are (C) bolster the institutional research competi-
petitive funding models more accessible for not HBCUs, TCUs, or MSIs, private sector and
underresourced HBCUs, TCUs, and MSIs. tiveness of an eligible institution to support
nonprofit organizations, Federal laboratories, awards made by the Foundation;
(d) REPORT ON POLICY GUIDELINES.—Not later
and international research institutions. (D) support the acquisition of instrumentation
than two years after the date of the enactment
of this Act and every five years thereafter, the SEC. 10524. CAPACITY-BUILDING PROGRAM FOR necessary to build research capacity at an eligi-
DEVELOPING UNIVERSITIES. ble institution in research areas directly associ-
Director of the Office of Science and Technology
Policy shall report to Congress on the implemen- (a) AWARDS.— ated with the Foundation;
tation by Federal research agencies of the policy (1) IN GENERAL.—The Director shall make (E) increase capability of an eligible institu-
guidelines developed under this section. awards, on a competitive basis, to eligible insti- tion to move technology into the marketplace;
(e) REPORT ON COORDINATION OF FEDERAL tutions described in subsection (b) to support the (F) increase engagement with industry to exe-
STEM EDUCATION.—Subsection (d) of section mission of the Foundation and to build institu- cute research through the SBIR and STTR pro-
101(d) of the America COMPETES Reauthoriza- tional research capacity at eligible institutions. grams (as such terms are defined in section 9(e)
tion Act of 2010 (42 U.S.C. 6621) is amended— (2) ADMINISTRATION.—The Director may ad- of the Small Business Act (15 U.S.C. 638(e)) and
(1) in paragraph (7) by striking ‘‘and’’; minister separate competitions for each category direct contracts at an eligible institution;
(2) in paragraph (8) by striking the period at of eligible institution described in subpara- (G) enhance STEM curriculum and research
the end; graphs (A) through (C) of subsection (b)(1) in training opportunities at the undergraduate,
(3) by adding at the end the following: order to ensure fair competition for institutions graduate, and postdoctoral levels at an eligible
‘‘(9) an account of Federal research agency with significantly different research capacities. institution;
investments in HBCUs, TCUs, and MSIs, includ- (b) ELIGIBLE INSTITUTIONS.—To be eligible to (H) further faculty development initiatives
ing, to the degree practicable, data on the level receive an award under this subsection, an enti- and strengthen institutional research training
of participation of HBCUs, TCUs, and MSIs as ty— infrastructure, capacity, and competitiveness of
prime recipients, contractors, subrecipients, or (1) shall be— an eligible institution;
subcontractors of an award, or reasonable esti- (A) a historically Black college or university; (I) address plans and prospects for long-term
mates thereof; and (B) a Tribal College or University; sustainability of institutional enhancements at
‘‘(10) a description of material changes to the (C) a minority-serving institution; an eligible institution resulting from the award
implementation of section 10522 of the Research (D) an institution of higher education with an including, if applicable, how the award may be
and Development, Competition, and Innovation established STEM capacity-building program fo- leveraged by an eligible institution to build a
Act.’’. cused on Native Hawaiians and Alaska Natives; broader base of support; and
SEC. 10523.
RESEARCH AT THE NATIONAL or (J) develop and implement mechanisms for in-
SCIENCE FOUNDATION. (E) consortia thereof; stitutions of higher education to partner with
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(a) IN GENERAL.—The Director shall make (2) shall— HBCUs, TCUs, and MSIs on STEM education,
awards, on a competitive basis, to institutions of (A) have not more than $50,000,000 in annual including the facilitation of student exchanges,
higher education or nonprofit organizations (or federally financed research and development ex- course and resource sharing, collaboration, and
consortia thereof) to— penditures for science and engineering as re- matriculation of students to either institution’s
(1) conduct research described in subsection ported through the National Science Founda- graduate programs, mentoring programs for stu-
(b) with respect to HBCUs, TCUs, and MSIs; tion Higher Education Research and Develop- dents and junior faculty, joint research projects,
and ment Survey; or and student access to graduate education; and
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7341
(2) as relevant, a plan, which shall be updated ‘‘(A) research and development needed to dominantly Black Institutions, Asian American
every three years, that describes the institu- bring computer science and computational and Native American Pacific Islander-Serving
tion’s strategy to achieve very high research ac- thinking courses and degrees to Tribal Colleges Institutions, and Native American-Serving Non-
tivity status, including making investments with or Universities; tribal Institutions as defined in section 371 of
institutional and non-Federal funds, to achieve ‘‘(B) research and development of instruc- the Higher Education Act of 1965 (20 U.S.C.
that status within a decade of the grant award, tional materials needed to integrate computer 1067q(c)).
to the extent practicable. science and computational thinking into pro- (4) TCU.—The term ‘‘TCU’’ has the meaning
(f) MSI CENTERS OF INNOVATION.—Awards grams that are culturally relevant to students given the term ‘‘Tribal College or University’’ in
under this section may fund the establishment attending Tribal Colleges or Universities; section 316 of the Higher Education Act of 1965
of not more than five MSI Centers of Innovation ‘‘(C) research, development and evaluation of (20 U.S.C. 1059c).
to leverage successes of HBCUs, TCUs, and distance education for computer science and Subtitle D—Combating Sexual Harassment in
MSIs in STEM education and research training computational thinking courses and degree pro- Science
of underrepresented minority students as models grams for students attending Tribal Colleges
for other institutions, including both HBCUs, SEC. 10531. FINDINGS.
and Universities; and
TCUs, and MSIs and institutions of higher edu- ‘‘(D) other activities consistent with the ac- Congress makes the following findings:
cation that are not HBCUs, TCUs, or MSIs. (1) According to the report issued by the Na-
tivities described in paragraphs (1) through (4)
Such centers will be located on campuses of se- tional Academies of Sciences, Engineering, and
of subsection (b), as determined by the Director.
lected HBCUs, TCUs, or MSIs, and serve as in- Medicine in 2018 entitled ‘‘Sexual Harassment of
‘‘(3) PARTNERSHIPS.—A Tribal College or Uni-
cubators to allow institutions of higher edu- versity seeking an award under this subsection, Women: Climate, Culture, and Consequences in
cation to experiment, pilot, evaluate, and scale or consortia thereof, may partner with an insti- Academic Sciences, Engineering, and Medi-
up promising practices. tution of higher education or nonprofit organi- cine’’—
(g) AWARDS.—Awards made under this sub- (A) sexual harassment is pervasive in institu-
zation with demonstrated expertise in academic
section shall be for periods of three years and tions of higher education;
program development.
may be extended for periods of not more than (B) the most common type of sexual harass-
‘‘(4) COORDINATION.—In carrying out this sub-
five years. ment is gender harassment;
(h) AUTHORIZATION OF APPROPRIATIONS.— section, the Director shall consult and cooperate
(C) 58 percent of individuals in the academic
There are authorized to be appropriated to the with the programs and policies of other relevant
workplace experience sexual harassment, the
Director $200,000,000 for fiscal year 2023 and Federal agencies to avoid duplication with and
second highest rate when compared to the mili-
$250,000,000 for each of fiscal years 2024 through enhance the effectiveness of the program under
tary, the private sector, and Federal, State, and
2027 to carry out the activities in this section this subsection.
local government;
and section 10523. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
(D) women who are members of racial or eth-
(i) REPORT ON IMPROVING THE RESEARCH CA- There are authorized to be appropriated to the
nic minority groups are more likely to experi-
PACITY AT HIGH RESEARCH ACTIVITY HISTORI- Director $2,000,000 in each of fiscal years 2023
ence sexual harassment and to feel unsafe at
CALLY BLACK COLLEGES AND UNIVERSITIES.— through 2027 to carry out this subsection.’’.
work than White women, White men, or men
(1) IN GENERAL.—Not later than one year after (b) EVALUATION.—
who are members of such groups;
the date of the enactment of this Act, the Na- (1) IN GENERAL.—Not later than two years
(E) the training for each individual who has
tional Science and Technology Council shall after the date of the enactment of this Act, the
a Doctor of Philosophy in the science, tech-
prepare and submit a report that— Director shall evaluate the award program au-
nology, engineering, and mathematics fields is
(A) identifies challenges and barriers to Fed- thorized under section 525 of the America COM-
estimated to cost approximately $500,000; and
eral research and development awards for high PETES Reauthorization Act of 2010 (42 U.S.C.
(F) attrition of an individual so trained re-
research activity status HBCUs; and 1862p–13), as amended by subsection (a).
(B) identifies recommendations for Federal re- sults in a loss of talent and money.
(2) REQUIREMENTS.—In conducting the eval-
search agencies to sustainably boost the re- (2) According to a 2017 University of Illinois
uation under paragraph (1), the Director shall,
search capacity of high research activity status study, among astronomers and planetary sci-
as practicable—
HBCUs through awards-making authorities. entists, 18 percent of women who are members of
(A) use a common set of benchmarks and as-
(2) REPORT SUBMISSION.—The National racial or ethnic minority groups and 12 percent
sessment tools to identify best practices and ma-
Science and Technology Council shall transmit of White women skipped professional events be-
terials developed or demonstrated by the re-
the report required under paragraph (1) to the cause they did not feel safe attending.
search conducted pursuant to award programs
Director, the Administrator of the National Aer- (3) Reporting procedures with respect to sex-
under section 525 of the America COMPETES
onautics and Space Administration, the Sec- ual harassment are inconsistent among Federal
Reauthorization Act of 2010 (42 U.S.C. 1862p–
retary of Agriculture, the Secretary of Com- research agencies and have varying degrees of
13), as amended by subsection (a);
merce, the Secretary of Defense, the Secretary of accessibility.
(B) include an assessment of the effectiveness
Energy, the Secretary of Health and Human (4) There is not adequate communication
of such award programs in expanding access to
Services, and the heads of other such agencies among Federal research agencies and between
high quality STEM education, research, and
as determined relevant by the National Science such agencies and recipients regarding reports
outreach at Tribal Colleges or Universities, as
and Technology Council. of sexual harassment, which has resulted in
applicable;
(3) INFORMATION FROM FEDERAL AGENCIES.— harassers receiving Federal funding after mov-
(C) assess the number of students who partici-
The National Science and Technology Council ing to a different institution.
pated in such award programs; and
may secure directly from a Federal department (D) assess the percentage of students partici- SEC. 10532. PURPOSE.
or agency such information as the National pating in such award programs who success- The purpose of this subtitle is to increase un-
Science and Technology Council considers nec- fully complete their education programs. derstanding of the causes and consequences of
essary to prepare the report required under (3) REPORT.—Not later than 180 days after the sex-based and sexual harassment, as discussed
paragraph (1). Upon a request from the Na- date on which the evaluation under paragraph in the report issued by the National Academies
tional Science and Technology Council, the (1) is completed, the Director shall submit to in 2018 entitled ‘‘Sexual Harassment of Women:
head of a Federal department or agency shall Congress and make available to the public, a re- Climate, Culture, and Consequences in Aca-
furnish such information as is requested to the port on the results of the evaluation, including demic Sciences, Engineering, and Medicine’’,
National Science and Technology Council. any recommendations for legislative action that and to advance evidence-based approaches to
SEC. 10525. TRIBAL COLLEGES AND UNIVERSITIES could optimize the effectiveness of the award reduce the prevalence and negative impact of
PROGRAM. such harassment.
program authorized under section 525 of the
(a) AWARDS TO BROADEN TRIBAL COLLEGE AND SEC. 10533. DEFINITION.
America COMPETES Reauthorization Act of
UNIVERSITY STUDENT PARTICIPATION IN COM-
2010, as amended by subsection (a). In this subtitle, the term ‘‘Director’’ means the
PUTER SCIENCE.—Section 525 of the America
SEC. 10526. DEFINITIONS. Director of the National Science Foundation.
COMPETES Reauthorization Act of 2010 (42
In this subtitle: SEC. 10534. RESEARCH AWARDS.
U.S.C. 1862p–13) is amended by adding at the
end the following: (1) DIRECTOR.—The term ‘‘Director’’ means (a) IN GENERAL.—The Director shall make
‘‘(d) AWARDS TO BROADEN TRIBAL COLLEGE the Director of the National Science Founda- awards, on a competitive basis, to institutions of
AND UNIVERSITY STUDENT PARTICIPATION IN tion. higher education or nonprofit organizations (or
COMPUTER SCIENCE.— (2) HBCU.—The term ‘‘HBCU’’ has the mean- consortia of such institutions or organiza-
‘‘(1) IN GENERAL.—The Director, as part of the ing given the term ‘‘part B institution’’ in sec- tions)—
program authorized under this section, shall tion 322 of the Higher Education Act of 1965 (20 (1) to expand research efforts to better under-
make awards on a competitive, merit-reviewed U.S.C. 1061). stand the factors contributing to, and con-
basis to eligible entities to increase the partici- (3) MINORITY SERVING INSTITUTION.—The term sequences of, sex-based and sexual harassment
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pation of Tribal populations in computer science ‘‘minority serving institution’’ or ‘‘MSI’’ means affecting individuals in the STEM workforce,
and computational thinking education programs Hispanic-Serving Institutions as defined in sec- including students and trainees; and
to enable students to develop skills and com- tion 502 of the Higher Education Act of 1965 (20 (2) to examine approaches to reduce the inci-
petencies in coding, problem-solving, critical U.S.C. 1101a); Alaska Native Serving Institu- dence and negative consequences of such har-
thinking, creativity and collaboration. tions and Native Hawaiian-Serving Institutions assment.
‘‘(2) PURPOSE.—Awards made under this sub- as defined in section 317 of the Higher Edu- (b) USE OF FUNDS.—Activities funded by an
section shall support— cation Act of 1965 (20 U.S.C. 1059d); and Pre- award under this section may include—
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H7342 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(1) research on the sex-based and sexual har- the Office for Civil Rights at the Department of (A) do not infringe upon the privacy rights of
assment experiences of individuals, including in Education, and the Equal Employment Oppor- individuals associated with reports submitted to
racial and ethnic minority groups, disabled indi- tunity Commission, the working group shall— Federal research agencies; and
viduals, foreign nationals, sexual-minority indi- (1) not later than 90 days after the date of the (B) do not require recipients to provide interim
viduals, and others; enactment of this Act, submit to the Committee reports to Federal research agencies.
(2) development and assessment of policies, on Science, Space, and Technology, the Com- (c) CONSIDERATIONS.—In carrying out sub-
procedures, trainings, and interventions, with mittee on Education and Labor, and the Com- section (a)(2), the Director of the Office of
respect to sex-based and sexual harassment, mittee on Energy and Commerce of the House of Science and Technology Policy shall consider
conflict management, and ways to foster re- Representatives and the Committee on Com- issuing guidelines that require or incent—
spectful and inclusive climates; merce, Science, and Transportation and the (1) recipients to periodically assess their orga-
(3) research on approaches for remediating the Committee on Health, Education, Labor, and nizational climate, which may include the use of
negative impacts and outcomes of such harass- Pensions of the Senate an inventory of Federal climate surveys, focus groups, or exit interviews;
ment on individuals experiencing such harass- (2) recipients to publish on a publicly avail-
research agency policies, procedures, and re-
ment; able internet website the results of assessments
sources dedicated to preventing and responding
(4) support for institutions of higher edu- conducted pursuant to paragraph (1),
to reports of sex-based and sexual harassment;
cation or nonprofit organizations to develop, disaggregated by sex and, if practicable, race,
(2) not later than 6 months after the date on
adapt, implement, and assess the impact of in- ethnicity, disability status, and sexual orienta-
which the inventory is submitted under para-
novative, evidence-based strategies, policies, and tion, and in a manner that does not include per-
graph (1)—
approaches to policy implementation to prevent sonally identifiable information;
(A) in consultation with outside stakeholders, (3) recipients to make public on an annual
and address sex-based and sexual harassment; develop a consistent set of policy guidelines for basis the number of reports of sex-based and
(5) research on alternatives to the power dy- Federal research agencies; and sexual harassment at that institution or organi-
namics, hierarchical, and dependent relation- (B) submit a report to the committees referred zation;
ships, including but not limited to the mentor- to in paragraph (1) containing such guidelines; (4) recipients to regularly assess and improve
mentee relationship, in academia that have been (3) encourage and monitor efforts of Federal policies, procedures, and interventions to reduce
shown to create higher levels of risk for and research agencies to develop or maintain and the prevalence of and improve the reporting of
lower levels of reporting of sex- based and sex- implement policies based on the guidelines devel- sex-based and sexual harassment;
ual harassment; and oped under paragraph (2); (5) each entity applying for a research and
(6) establishing a center for the ongoing com- (4) not later than 1 year after the date on development award certify that a code of con-
pilation, management, and analysis of organiza- which the inventory under paragraph (1) is sub- duct is in place for maintaining a healthy and
tional climate survey data. mitted, and every 5 years thereafter, the Direc- welcoming workplace for award personnel and
SEC. 10535. RESPONSIBLE CONDUCT GUIDE. tor of the Office of Science and Technology Pol- posted on their public website;
(a) IN GENERAL.—Not later than 180 days icy shall report to Congress on the implementa- (6) each recipient and Federal research agen-
after the date of enactment of this Act, the Di- tion by Federal research agencies of the policy cy to have in place mechanisms for addressing
rector shall enter into an agreement with the guidelines developed under paragraph (2); and the needs of individuals who have experienced
National Academies to update the report enti- (5) update such policy guidelines as needed. sex-based and sexual harassment, including
tled ‘‘On Being a Scientist: A Guide to Respon- (b) REQUIREMENTS.—In developing policy those individuals seeking to reintegrate at the
sible Conduct in Research’’ issued by the Na- guidelines under subsection (a)(2), the Director recipient entity; and
tional Academies. The report, as so updated, of the Office of Science and Technology Policy (7) recipients to work to create a climate intol-
shall include— shall include guidelines that require, to the ex- erant of sex- based and sexual harassment and
(1) updated professional standards of conduct tent practicable— that values and promotes diversity and inclu-
in research; (1) recipients to submit to the Federal research sion.
(2) promising practices for preventing, ad- agency or agencies from which the recipients re- (d) FEDERAL RESEARCH AGENCY IMPLEMENTA-
dressing, and mitigating the negative impact of ceive funding reports relating to— TION.—Not later than 270 days after receiving
sex-based and sexual harassment, to include— (A) any decision made to launch a formal in- the guidelines under paragraph (a)(2), each
(A) standards of treatment individuals can ex- vestigation of sex-based or sexual harassment, Federal research agency shall—
pect to receive under updated standards of con- including bullying, retaliation, or hostile work- (1) develop or maintain and implement policies
duct; ing conditions by, or of, award personnel; with respect to sex-based and sexual harassment
(B) evidence-based practices for fostering a (B) administrative action, related to an alle- that are consistent with policy guidelines under
climate intolerant of sex-based, sexual, and gation against award personnel of any such subsection (a)(2) and that protect the privacy of
other forms of harassment; harassment, as set forth in organizational poli- all parties involved in any report and investiga-
(C) methods, including bystander interven- cies or codes of conduct, statutes, regulations, or tion of sex-based or sexual harassment, to the
tion, for identifying and addressing incidents of executive orders, that affects the ability of maximum extent practicable; and
such harassment; and award personnel or their trainees to carry out (2) broadly disseminate such policies to cur-
(D) professional standards for mentorship and the activities of the award; rent and potential recipients of research and de-
teaching with an emphasis on power diffusion velopment awards made by such agency.
(C) the total number of investigations with no
mechanisms and preventing such harassment; SEC. 10537. NATIONAL ACADEMIES ASSESSMENT.
findings or determinations of misconduct includ-
and ing such harassment; Not later than 3 years after the date of enact-
(3) promising practices for mitigating potential (D) findings or determinations of such harass- ment of this Act, the Director shall enter into an
security risks that threaten research security. ment, as set forth in organizational policies or agreement with the National Academies to un-
(b) REPORT.—Not later than 18 months after codes of conduct, statutes, regulations, or Exec- dertake a study and issue a report on the influ-
the effective date of the agreement under sub- utive orders by, or of, award personnel, includ- ence of sex-based and sexual harassment in in-
section (a), the National Academies, as part of ing the final disposition of a matter involving a stitutions of higher education on the career ad-
such agreement, shall submit to the Director violation of organizational policies and proc- vancement of individuals in the STEM work-
and the Committee on Science, Space, and Tech- esses, to include the exhaustion of permissible force. The study shall assess—
nology of the House of Representatives and the (1) the state of research on sex-based and sex-
appeals, or a determination of a sexual offense
Committee on Commerce, Science, and Transpor- ual harassment in such workforce;
in a court of law, or any other disciplinary ac- (2) whether research demonstrates a decrease
tation of the Senate the report referred to in tion taken;
such subparagraph, as updated pursuant to in the prevalence of sex-based and sexual har-
(2) the sharing, updating, and archiving of re- assment in such workforce;
such subparagraph. ports of sex- based and sexual harassment from (3) the progress made with respect to imple-
SEC. 10536. INTERAGENCY WORKING GROUP. recipients submitted under paragraph (1) with menting recommendations promulgated in the
(a) IN GENERAL.—The Director of the Office of relevant Federal research agencies, on a yearly National Academies consensus study report enti-
Science and Technology Policy, acting through basis and by agency request; and tled ‘‘Sexual Harassment of Women: Climate,
the National Science and Technology Council, (3) consistency among Federal research agen- Culture, and Consequences in Academic
shall establish or designate an interagency cies with regard to the policies and procedures Sciences, Engineering, and Medicine’’;
working group for the purpose of coordinating for receiving reports submitted pursuant to (4) where to focus future efforts with respect
Federal research agency efforts to reduce the paragraph (1). to decreasing the prevalence of sex-based and
prevalence of sex-based and sexual harassment (4) FERPA.—The Director of the Office of sexual harassment in such institutions, includ-
involving award personnel. In coordination Science and Technology Policy shall ensure that ing specific recommendations; and
with the working group on inclusion in STEM such guidelines and requirements are consistent (5) other recommendations and issues, as the
fields established under section 308 of the Amer- with the requirements of section 444 of the Gen- National Academies determines appropriate.
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ican Innovation and Competitiveness Act (42 eral Education Provisions Act (20 U.S.C. 1232g) SEC. 10538. GAO STUDY.
U.S.C. 6626) and the Safe Inclusive Research (commonly referred to as the ‘‘Family Edu- Not later than 3 years after the date of enact-
Environments Subcommittee of the National cational Rights and Privacy Act of 1974’’). ment of this division, the Comptroller General of
Science and Technology Council, and in con- (5) PRIVACY PROTECTIONS.—The Director of the United States shall—
sultation with representatives from each Federal the Office of Science and Technology Policy (1) complete a study that assesses the degree
research agency, the Office for Civil Rights at shall ensure that such guidelines and require- to which Federal research agencies have imple-
the Department of Health and Human Services, ments— mented the policy guidelines developed under
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7343
section 10536(a)(2) and the effectiveness of that Subtitle B—National Science and Technology ‘‘(2) The implementation of the national
implementation; and Strategy science and technology strategy.
(2) submit a report to the Committee on SEC. 10611. NATIONAL SCIENCE AND TECH- ‘‘(3) Any other information about the national
Science, Space, and Technology of the House of NOLOGY STRATEGY. science and technology strategy, as determined
Representatives and the Committee on Com- Section 206 of the National Science and Tech- by the Director of the Office of Science and
merce, Science, and Transportation of the Sen- nology Policy, Organization, and Priorities Act Technology Policy.
ate on the results of such study, including rec- of 1976 (42 U.S.C. 6615) is amended to read as ‘‘(e) PUBLICATION.—The Director of the Office
ommendations on potential changes to practices follows: of Science and Technology Policy shall, con-
and policies to improve those guidelines and ‘‘SEC. 206. NATIONAL SCIENCE AND TECHNOLOGY
sistent with the protection of national security
that implementation. STRATEGY. and other sensitive matters to the maximum ex-
SEC. 10539. AUTHORIZATION OF APPROPRIA- ‘‘(a) IN GENERAL.—Not later than December 31 tent practicable, make each national science
TIONS. of the year immediately after the calendar year and technology strategy publicly available on
There is authorized to be appropriated to the in which a review under section 206B is com- an internet website of the Office. Each report
Director to carry out this subtitle, $32,500,000. pleted, the Director of the Office of Science and may include a classified annex if the Director of
Technology Policy shall, in coordination with the Office of Science and Technology Policy de-
TITLE VI—MISCELLANEOUS SCIENCE AND termines such is appropriate.
TECHNOLOGY PROVISIONS the National Science and Technology Council,
develop and submit to Congress a comprehensive ‘‘(f) TERMINATION.—This section terminates
Subtitle A—Supporting Early-career on the date that is ten years after the date of
national science and technology strategy of the
Researchers the enactment of this section.’’.
United States to meet national research and de-
SEC. 10601. EARLY-CAREER RESEARCH FELLOW- velopment objectives for the following 4-year pe- SEC. 10612. STRATEGY AND REPORT ON THE NA-
SHIP PROGRAM. TION’S ECONOMIC SECURITY,
riod (in this section referred to as ‘the national
SCIENCE, RESEARCH, AND INNOVA-
(a) IN GENERAL.—The Director of the National science and technology strategy’). TION TO SUPPORT THE NATIONAL
Science Foundation may establish a 2-year pilot ‘‘(b) REQUIREMENTS.—In developing each na- SECURITY STRATEGY.
program to make awards to highly qualified tional science and technology strategy described (a) DEFINITIONS.—In this section:
early-career investigators to carry out an inde- in subsection (a), the Director of the Office of (1) FOREIGN COUNTRY OF CONCERN.—The term
pendent research program at the institution of Science and Technology Policy shall— ‘‘foreign country of concern’’ means the Peo-
higher education or participating Federal re- ‘‘(1) consider— ple’s Republic of China, the Democratic People’s
search facility chosen by such investigator, to ‘‘(A) the recommendations and priorities de- Republic of Korea, the Russian Federation, the
last for a period not greater than two years. veloped by the review under section 206B; Islamic Republic of Iran, or any other country
(b) SELECTION PROCESS.—The Director of the ‘‘(B) the most recently published interim or determined to be a country of concern by the
National Science Foundation shall select recipi- final national security strategy report submitted Department of State.
ents under subsection (a) from among citizens, pursuant to section 108 of the National Security (2) FOREIGN ENTITY OF CONCERN.—The term
nationals, and lawfully admitted permanent Act of 1947 (50 U.S.C. 3043); ‘‘foreign entity of concern’’ means a foreign en-
resident aliens of the United States. ‘‘(C) other relevant national plans, reports, tity that is—
(c) OUTREACH.—The Director of the National and strategies; and (A) designated as a foreign terrorist organiza-
Science Foundation shall conduct program out- ‘‘(D) the strategic plans of relevant Federal tion by the Secretary of State under section
reach to recruit fellowship applicants— departments and agencies; and 219(a) of the Immigration and Nationality Act (8
(1) from all regions of the country; ‘‘(2) include a description of— U.S.C. 1189(a));
(2) from historically underrepresented popu- ‘‘(A) strategic objectives and research prior- (B) included on the list of specially designated
lations in the fields of science, technology, engi- ities necessary to maintain and advance— nationals and blocked persons maintained by
neering, and mathematics; and ‘‘(i) the leadership of the United States in the Office of Foreign Assets Control of the De-
(3) who graduate from or intend to carry out science and technology, including in the key partment of the Treasury (commonly known as
research at a variety of types of institutions of technology focus areas, including near-term, the SDN list);
higher education, including— medium-term, and long-term economic competi- (C) owned by, controlled by, or subject to the
(A) historically Black colleges and univer- tiveness; and jurisdiction or direction of a government of a
sities; ‘‘(ii) the leadership of the United States in foreign country that is a covered nation (as
(B) Tribal Colleges and Universities; technologies required to address societal and na- such term is defined in section 4872 of title 10,
(C) minority-serving institutions; tional challenges, including a transition to a United States Code);
(D) institutions of higher education that are circular economy; (D) alleged by the Attorney General to have
not among the top 50 institutions in annual ‘‘(B) programs, policies, and activities that the been involved in activities for which a convic-
Federal funding for research; and President recommends across all Federal depart- tion was obtained under—
ments and agencies to achieve the strategic ob- (i) chapter 37 of title 18, United States Code
(E) EPSCoR institutions.
jectives and research priorities described in sub- (commonly known as the Espionage Act);
(d) SPECIAL CONSIDERATION.—The Director of
paragraph (A); (ii) section 951 or 1030 of title 18, United States
the National Science Foundation shall give spe-
‘‘(C) plans to promote sustainability practices Code;
cial consideration and priority to an application
and strategies for increasing jobs in the United (iii) chapter 90 of title 18, United States Code
from an individual who graduated from or is in-
States; (commonly known as the Economic Espionage
tending to carry out research at an institution
‘‘(D) global trends in science and technology, Act of 1996);
of the type specified in subsection (c)(3).
including potential threats to the leadership of (iv) the Arms Export Control Act (22 U.S.C.
(e) REPORTS FROM FELLOWS.—Not later than the United States in science and technology and 2751 et seq.);
180 days after the end of the pilot program opportunities for international collaboration in (v) section 224, 225, 226, 227, or 236 of the
under this section, each early-career investi- science and technology; and Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275,
gator who receives an award under the pilot ‘‘(E) plans to foster the development of inter- 2276, 2277, and 2284);
program shall submit to the Director of the Na- national partnerships to reinforce domestic pol- (vi) the Export Control Reform Act of 2018 (50
tional Science Foundation a report that de- icy actions, build new markets, engage in col- U.S.C. 4801 et seq.); or
scribes how the early-career investigator used laborative research, and create an international (vii) the International Emergency Economic
the award funds. environment that reflects United States values Powers Act (50 U.S.C. 1701 et seq.); or
(f) REPORT FROM THE DIRECTOR.—Not later and protects United States interests. (E) determined by the Secretary of Commerce,
than 90 days after the conclusion of the second ‘‘(c) CONSULTATION.—The Director of the Of- in consultation with the Secretary of Defense
year of the pilot program, the Director of the fice of Science and Technology Policy shall con- and the Director of National Intelligence, to be
National Science Foundation shall submit to sult as necessary with the Office of Manage- engaged in unauthorized conduct that is detri-
Congress a report that includes the following: ment and Budget and other appropriate ele- mental to the national security or foreign policy
(1) A summary of the uses of award funds ments of the Executive Office of the President to of the United States.
under this section and the impact of the pilot ensure that the recommendations and priorities (3) NATIONAL SECURITY STRATEGY.—The term
program under this section. delineated in the science and technology strat- ‘‘national security strategy’’ means the national
(2) Statistical summary data on fellowship egy are incorporated in the development of an- security strategy required under section 108 of
awardees disaggregated by race, ethnicity, sex, nual budget requests. the National Security Act of 1947 (50 U.S.C.
geography, age, years since completion of doc- ‘‘(d) BI-ANNUAL BRIEFING TO CONGRESS.—The 3043).
toral degree, and institution type. Director of the Office of Science and Technology (b) STRATEGY AND REPORT.—
(3) If determined effective, a plan for perma- Policy shall provide on a bi-annual basis, after (1) IN GENERAL.—Not later than 90 days after
nent implementation of the pilot program.
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each release of the national science and tech- the transmission of each national security strat-
SEC. 10602. AUTHORIZATION OF APPROPRIA- nology strategy, a briefing to the relevant con- egy under section 108(a) of the National Secu-
TIONS. gressional committees, which may include up- rity Act of 1947 (50 U.S.C. 3043(a)), the Presi-
There is authorized to be appropriated to the dates on the following: dent, acting through the Director of the Office
Director of the National Science Foundation ‘‘(1) The status and development of the na- of Science and Technology Policy, shall, in co-
$250,000,000 for each of fiscal years 2023 through tional science and technology strategy, includ- ordination with the National Science and Tech-
2024 to carry out the activities in this subtitle. ing any significant changes. nology Council, the National Security Council,
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H7344 CONGRESSIONAL RECORD — HOUSE July 28, 2022
the Director of the National Economic Council, (K) An assessment of how the Federal Govern- Technology Policy, Organization, and Priorities
and the heads of such other relevant Federal ment is increasing the participation of under- Act of 1976 (42 U.S.C. 6615).
agencies as the Director of the Office of Science represented populations in science, research, in- (vi) A plan to encourage the governments of
and Technology Policy considers appropriate novation, and manufacturing. countries that are allies or partners of the
and in consultation with such nongovernmental (L) An assessment of public-private partner- United States to cooperate with the execution of
partners as the Director of the Office of Science ships in technology commercialization in sup- such strategy, where appropriate.
and Technology Policy considers appropriate— port of national security, including— (vii) A plan for strengthening the industrial
(A) review such strategy, including the na- (i) the structure of current defense technology base of the United States.
tional defense strategy under subsection (g) of research and commercialization arrangements (viii) A plan to remove or update overly bur-
section 113 of title 10, United States Code, and with regard to public-private partnerships; and densome or outdated Federal regulations, as ap-
the national science and technology strategy (ii) the extent to which intellectual property propriate.
under section 206 of the National Science and developed with Federal defense funding— (ix) A plan—
Technology Policy, Organization, and Priorities (I) is being used to manufacture in the United
(I) to further incentivize industry participa-
Act of 1976 (42 U.S.C. 6615), programs, and re- States rather than in other countries; and
tion in public-private partnerships for the pur-
sources as the Director of the Office of Science (II) is being used by foreign business entities
poses of accelerating technology research and
and Technology Policy determines pertain to that are majority owned or controlled (as such
commercialization in support of national secu-
United States’ national competitiveness in term is defined in section 800.208 of title 31, Code
rity, including alternate ways of accounting for
science, technology, research, innovation, and of Federal Regulations, or a successor regula-
in-kind contributions and valuing partially
technology transfer activities, including pat- tion), or minority owned greater than 25 percent
manufactured products;
enting and licensing, that support the national by—
(aa) any governmental organization of a for- (II) to ensure that intellectual property devel-
security strategy;
eign country of concern; or oped with Federal funding is commercialized in
(B) develop or revise a national strategy to im-
(bb) any other entity that is— the United States; and
prove the national competitiveness of United
States science, technology, research, and inno- (AA) known to be owned or controlled by any (III) to ensure, to the maximum appropriate
vation to support the national security strategy; governmental organization of a foreign country extent, that intellectual property developed with
and of concern; or Federal funding is not being used by foreign
(C) submit to Congress— (BB) organized under, or otherwise subject to, business entities that are majority owned or
(i) a report on the findings of the Director of the laws of a foreign country of concern. controlled (as such term is defined in section
the Office of Science and Technology Policy (M) Recommendations to enhance the ability 800.208 of title 31, Code of Federal Regulations,
with respect to the review conducted pursuant of the Federal Government to recruit into Fed- or a successor regulation), or minority owned
to subparagraph (A); and eral service and retain in such service individ- greater than 25 percent by—
(ii) the strategy developed or revised pursuant uals with critical skills relevant to national se- (aa) any governmental organization of a for-
to subparagraph (B). curity. eign country of concern; or
(2) TERMINATION.—This subsection terminates (N) Recommendations for policies to protect (bb) any other entity that is—
on the date that is 5 years after the date of the United States leadership and the allies of the (AA) known to be owned or controlled by any
enactment of this Act. United States in critical areas relevant to na- governmental organization of a foreign country
(c) ELEMENTS.— tional security through targeted export controls, of concern; or
(1) REPORT.—Each report submitted under investment screening, and counterintelligence (BB) organized under, or otherwise subject to,
subsection (b)(1)(C)(i) shall include the fol- activities. the laws of a foreign country of concern.
lowing: (O) Informed by the interagency process es- (x) An identification of additional resources,
(A) An assessment of the efforts of the United tablished under section 1758 of the Export Con- administrative action, or legislative action rec-
States Government to preserve United States trol Reform Act of 2018, a technology annex, ommended to assist with the implementation of
leadership in key emerging technologies and which may be classified, describing an inte- such strategy.
prevent United States strategic competitors from grated and enduring approach to the identifica- (d) RESEARCH AND DEVELOPMENT FUNDING.—
leveraging advanced technologies to gain stra- tion, prioritization, development, and fielding of The Director of the Office of Science and Tech-
tegic military or economic advantages over the emerging technologies relevant to national secu- nology Policy shall, as the Director of the Office
United States. rity.
(B) An assessment of public and private in- of Science and Technology Policy considers nec-
(2) STRATEGY.—Each strategy submitted under essary, consult with the Director of the Office of
vestment in science and technology relevant to subsection (b)(1)(C)(ii) shall, to the extent prac-
national security purposes, and the implications Management and Budget and with the heads of
ticable, include the following: such other elements of the Executive Office of
of such for the geostrategic position of the (A) A plan to utilize available tools to address
United States. the President as the Director of the Office of
or minimize the leading threats and challenges Science and Technology Policy considers appro-
(C) A description of the prioritized economic and to take advantage of the leading opportuni-
security interests and objectives. priate to ensure the recommendations and prior-
ties, particularly in regards to technologies cen- ities with respect to research and development
(D) An assessment of global trends in science
tral to international competition in science and funding relevant to national security, as ex-
and technology, including potential threats to
technology relevant to national security pur- pressed in the most recent report and strategy
the national security of the United States in
poses, including the following: submitted under subsection (b)(1)(C) are incor-
science and technology.
(E) An assessment of the national debt and its (i) Specific objectives, tasks, metrics, and mile- porated into the development of annual budget
implications for the economic and national secu- stones for each relevant Federal agency. requests for Federal research agencies.
(ii) Strategic objectives and priorities nec- (e) PUBLICATION.—The Director of the Office
rity of the United States.
(F) An assessment of how regional innovation essary to maintain the leadership of the United of Science and Technology Policy shall, con-
capacity efforts in STEM fields are contributing States in science and technology relevant to na- sistent with the protection of national security
and could contribute to the national security tional security purposes, including near-term, and other sensitive matters and to the maximum
the United States, including programs run by medium-term, and long-term research priorities. extent practicable, make each report submitted
State and local governments. (iii) Specific plans to safeguard research and under subsection (b)(1)(C)(i) publicly available
(G) An assessment of the following: technology funded, as appropriate, in whole or on an internet website of the Office of Science
(i) Workforce needs for competitiveness in in part, by the Federal Government, including and Technology Policy. Each such report may
technology areas identified in the national secu- in technologies critical to national security, include a classified annex if the Director of the
rity strategy. from theft or exfiltration by foreign entities of Office of Science and Technology Policy deter-
(ii) Any efforts needed to expand pathways concern. mines such is appropriate.
into technology fields to achieve the goals of the (iv) Specific plans to support public and pri-
SEC. 10613. QUADRENNIAL SCIENCE AND TECH-
national security strategy. vate sector investment in research, technology NOLOGY REVIEW.
(H) An assessment of barriers to the develop- development, education and workforce develop-
ment, and domestic manufacturing supportive of The National Science and Technology Policy,
ment, evolution, or competitiveness of start-ups,
the national security of the United States and to Organization, and Priorities Act of 1976 (42
small and mid-sized business entities, and indus-
foster the use of public-private partnerships. U.S.C. 6601 et seq.) is amended by inserting after
tries that are critical to national security.
(I) An assessment of the effectiveness of the (v) A description of the following: section 206 the following new section:
Federal Government, federally funded research (I) How the strategy submitted under sub- ‘‘SEC. 206B. QUADRENNIAL SCIENCE AND TECH-
and development centers, and national labora- section (b)(1)(C)(ii) supports the national secu- NOLOGY REVIEW.
tories in supporting and promoting the tech- rity strategy. ‘‘(a) REQUIREMENTS.—
nology commercialization and technology trans- (II) How the strategy submitted under such ‘‘(1) QUADRENNIAL REVIEWS REQUIRED.—Not
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fer of technologies critical to national security. subsection is integrated and coordinated with later than December 31, 2023, and every four
(J) An assessment of manufacturing capacity, the most recent— years thereafter, the Director of the Office of
logistics, and supply chain dynamics of major (aa) national defense strategy under sub- Science and Technology Policy shall complete a
export sectors that are critical to national secu- section (g) of section 113 of title 10, United review of the science and technology enterprise
rity, including access to a skilled workforce, States Code; and of the United States (in this section referred to
physical infrastructure, and broadband network (bb) national science and technology strategy as the ‘quadrennial science and technology re-
infrastructure. under section 206 of the National Science and view’).
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7345
‘‘(2) SCOPE.—The quadrennial science and ‘‘(12) review administrative or legislative poli- ‘‘(8) SMALL AND RURAL COMMUNITIES.—The
technology review shall be a comprehensive ex- cies that affect the science and technology en- term ‘small and rural community’ means a
amination of the science and technology strat- terprise and identify and make recommenda- noncore area, a micropolitan area, or a small
egy of the United States, including recommenda- tions regarding policies that hinder research metropolitan statistical area with a population
tions for maintaining global leadership in and development in the United States. of not more than 250,000.
science and technology and advancing science ‘‘(c) REPORTING.— ‘‘(b) REGIONAL TECHNOLOGY AND INNOVATION
and technology to address the societal and na- ‘‘(1) IN GENERAL.—Not later than December 31 HUB PROGRAM.—
tional challenges and guidance regarding the of the year in which a quadrennial science and ‘‘(1) IN GENERAL.—Subject to the availability
coordination of programs, assets, capabilities, technology review is conducted, the Director of of appropriations, the Secretary shall carry out
budget, policies, and authorities across all Fed- the Office of Science and Technology Policy a program—
eral research and development programs. shall submit to Congress a report relating to ‘‘(A) to encourage new and constructive col-
‘‘(3) CONSULTATION.—The Director of the Of- such review. laborations among local, State, Tribal, and Fed-
fice of Science and Technology Policy shall con- ‘‘(2) PUBLICATION.—The Director of the Office eral government entities, institutions of higher
duct each quadrennial science and technology of Science and Technology Policy shall, con- education, the private sector, economic develop-
review in consultation with the following: sistent with the protection of national security ment organizations, labor organizations, non-
‘‘(A) The National Science and Technology and other sensitive matters to the maximum ex- profit organizations, and community organiza-
Council. tent practicable, make each report submitted tions that promote broad-based regional innova-
‘‘(B) The President’s Council of Advisors on under paragraph (1) publicly available on an tion initiatives;
Science and Technology. internet website of the Office of Science and ‘‘(B) to support eligible consortia in the devel-
‘‘(C) The National Science Board. Technology Policy. Each report may include a opment and implementation of regional innova-
‘‘(D) The National Security Council. classified annex if the Director of the Office of tion strategies;
‘‘(E) The heads of other relevant Federal ‘‘(C) to designate eligible consortia as regional
Science and Technology Policy determines such
agencies. technology and innovation hubs and facilitate
appropriate.
‘‘(F) Other relevant governmental and non- activities by consortia designated as regional
‘‘(d) TERMINATION.—This section shall termi-
governmental entities, including representatives technology and innovation hubs in imple-
nate on the date that is ten years after the date
from industry, institutions of higher education, menting their regional innovation strategies—
of the enactment of this section.’’.
nonprofit organizations, Members of Congress, ‘‘(i) to enable United States leadership in
and other policy experts. Subtitle C—Regional Innovation
technology and innovation sectors critical to na-
‘‘(4) COORDINATION.—The Director of the Of- SEC. 10621. REGIONAL INNOVATION CAPACITY.
tional and economic security;
fice of Science and Technology Policy shall en- (a) IN GENERAL.—The Stevenson-Wydler ‘‘(ii) to support regional economic develop-
sure that each quadrennial science and tech- Technology Innovation Act of 1980 (Public Law ment and resilience, including in small cities
nology review is coordinated with other relevant 96–480; 15 U.S.C. 3701 et seq.) is amended— and rural areas, and promote increased geo-
statutorily required reviews, and to the max- (1) by redesignating section 28 as section 30; graphic diversity of innovation across the
imum extent practicable incorporates informa- and United States;
tion and recommendations from existing reviews (2) by inserting after section 27 the following: ‘‘(iii) to promote the benefits of technology de-
to avoid duplication. ‘‘SEC. 28. REGIONAL TECHNOLOGY AND INNOVA- velopment and innovation for all Americans, in-
‘‘(b) CONTENTS.—In each quadrennial science TION HUB PROGRAM. cluding underserved communities and vulner-
and technology review, the Director of the Of- ‘‘(a) DEFINITIONS.—In this section: able communities;
fice of Science and Technology Policy shall— ‘‘(1) APPROPRIATE COMMITTEES OF CON- ‘‘(iv) to support the modernization and expan-
‘‘(1) provide an integrated view of, and rec- GRESS.—The term ‘appropriate committees of sion of United States manufacturing based on
ommendations for, science and technology pol- Congress’ means— advances in technology and innovation;
icy across the Federal Government, while con- ‘‘(A) the Committee on Commerce, Science, ‘‘(v) to support domestic job creation and
sidering economic and national security and and Transportation, the Committee on Environ- broad-based economic growth; and
other societal and national challenges; ment and Public Works, and the Committee on ‘‘(vi) to improve the pace of market readiness,
‘‘(2) assess and recommend priorities for re- Appropriations of the Senate; and industry maturation, and overall commercializa-
search, development, and demonstration pro- ‘‘(B) the Committee on Science, Space, and tion and domestic production of innovative re-
grams to maintain United States leadership in Technology and the Committee on Appropria- search;
science and technology, including in manufac- tions of the House of Representatives. ‘‘(D) to ensure that the regional technology
turing and industrial innovation; ‘‘(2) COOPERATIVE EXTENSION SERVICES.—The
‘‘(3) assess and recommend priorities for re- and innovation hubs address the intersection of
term ‘cooperative extension services’ has the emerging technologies and either regional chal-
search, development, and demonstration pro- meaning given the term in section 1404 of the
grams to address societal and national chal- lenges or national challenges; and
Food and Agriculture Act of 1977 (7 U.S.C. ‘‘(E) to conduct ongoing research, evaluation,
lenges; 3103).
‘‘(4) assess the global competition in science analysis, and dissemination of best practices for
‘‘(3) SITE CONNECTIVITY INFRASTRUCTURE.— regional development and competitiveness in
and technology and identify potential threats to
The term ‘site connectivity infrastructure’ technology and innovation.
the leadership of the United States in science
means localized driveways and access roads to a ‘‘(2) AWARDS.—The Secretary shall carry out
and technology and opportunities for inter-
facility as well as hookups to the new facility the program required by paragraph (1) through
national collaboration;
‘‘(5) assess and make recommendations on the for drinking water, waste water, broadband, the award of the following:
science, technology, engineering, mathematics, and other basic infrastructure services already ‘‘(A) Strategy development grants or coopera-
and computer science workforce of the United present in the area. tive agreements to eligible consortia under sub-
‘‘(4) VENTURE DEVELOPMENT ORGANIZATION.— section (e).
States;
‘‘(6) assess and make recommendations to im- The term ‘venture development organization’ ‘‘(B) Strategy implementation grants or coop-
prove regional innovation across the United has the meaning given such term in section 27(a) erative agreements to regional technology and
States; of the Stevenson-Wydler Act of 1980 (15 U.S.C. innovation hubs under subsection (f).
‘‘(7) identify and assess sectors critical for the 3722(a)). ‘‘(3) ADMINISTRATION.—The Secretary shall
long-term resilience of United States innovation ‘‘(5) COMMUNITY DEVELOPMENT FINANCIAL IN- carry out this section through the Assistant Sec-
leadership across design, manufacturing, supply STITUTION.—The term ‘community development retary of Commerce for Economic Development
chains, and markets; financial institution’ has the meaning given in in coordination with the Under Secretary of
‘‘(8) assess and make recommendations to im- section 103 of the Community Development Commerce for Standards and Technology.
prove translation of basic and applied research Banking and Financial Institutions Act of 1994 ‘‘(c) ELIGIBLE CONSORTIA.—For purposes of
and the enhancement of technology transfer of (12 U.S.C. 4702). this section, an eligible consortium is a consor-
federally funded research; ‘‘(6) MINORITY DEPOSITORY INSTITUTION.—The tium that—
‘‘(9) identify, assess, and make recommenda- term ‘minority depository institution’ means an ‘‘(1) includes 1 or more of each of the fol-
tions to address science and technology gaps entity that is— lowing—
that would not be met without Federal invest- ‘‘(A) a minority depository institution, as de- ‘‘(A) institutions of higher education, which
ment; fined in section 308 of the Financial Institutions may include Historically Black Colleges and
‘‘(10) review administrative and legislative Reform, Recovery, and Enforcement Act of 1989 Universities, Tribal Colleges or Universities, and
policies and funding opportunities that affect (12 U.S.C. 1463 note); or minority-serving institutions;
private sector science and technology activities, ‘‘(B) considered to be a minority depository ‘‘(B) State, territorial, local, or Tribal govern-
and identify and make recommendations regard- institution by— ments or other political subdivisions of a State,
ing policies that maintain and grow the partici- ‘‘(i) the appropriate Federal banking agency; including State and local agencies, or a consor-
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pation and competitiveness of small- and me- or tium thereof;
dium-sized businesses; ‘‘(ii) the National Credit Union Administra- ‘‘(C) industry or firms in relevant technology,
‘‘(11) assess and identify the infrastructure tion, in the case of an insured credit union. innovation, or manufacturing sectors;
and tools needed to maintain the leadership of ‘‘(7) LOW POPULATION STATE.—The term ‘low ‘‘(D) economic development organizations or
the United States in science and technology and population State’ means a State without an ur- similar entities that are focused primarily on im-
address other societal and national challenges; banized area with a population greater than proving science, technology, innovation, entre-
and 250,000 as reported in the decennial census. preneurship, or access to capital; and
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H7346 CONGRESSIONAL RECORD — HOUSE July 28, 2022
‘‘(E) labor organizations or workforce training ‘‘(C) encouraging eligible consortia to leverage meet the educational or career training needs of
organizations, which may include State and institutions of higher education serving popu- a skilled and technical workforce in the region
local workforce development boards as estab- lations historically underrepresented in STEM, to be served;
lished under sections 101 and 107 of the Work- including historically Black Colleges and Uni- ‘‘(iii) how the eligible consortia will provide
force Investment and Opportunity Act (29 versities, Tribal Colleges or Universities, and mi- facilities for students to receive training under
U.S.C. 3111; 3122); and nority-serving institutions to significantly ben- such programs developed and offered by the eli-
‘‘(2) may include 1 or more— efit an area or region; and gible consortia; and
‘‘(A) economic development entities with rel- ‘‘(D) encouraging proposals from eligible con- ‘‘(iv) how the eligible consortia will enhance
evant expertise, including a district organiza- sortia that would significantly benefit an area outreach and recruitment for such programs de-
tion (as defined in section 300.3 of title 13, Code or region whose economy significantly relies on veloped and offered by the eligible consortia to
of Federal Regulations, or successor regulation); or has recently relied on coal, oil, or natural gas populations underrepresented in STEM.
‘‘(B) organizations that contribute to increas- production or development. ‘‘(5) FEDERAL SHARE.—The Federal share of
ing the participation of underserved populations ‘‘(3) RELATION TO CERTAIN GRANT AWARDS.— the cost of an effort carried out using a grant or
in science, technology, innovation, and entre- The Secretary shall not require an eligible con- cooperative agreement awarded under this sub-
preneurship; sortium to receive a grant or cooperative agree- section may not exceed 80 percent—
‘‘(C) venture development organizations; ment under subsection (e) in order to be des- ‘‘(A) where in-kind contributions may be used
‘‘(D) organizations that promote local eco- ignated as a regional technology and innovation for all or part of the non-Federal share, but
nomic stability, high-wage domestic jobs, and hub under paragraph (1) of this subsection. Federal funding from other government sources
broad-based economic opportunities, such as em- ‘‘(e) STRATEGY DEVELOPMENT GRANTS AND CO- may not count towards the non-Federal share;
ployee ownership membership associations and OPERATIVE AGREEMENTS.—
‘‘(B) except in the case of an eligible consor-
State or local employee ownerships and coopera- ‘‘(1) IN GENERAL.—The Secretary shall use a
tium that represents all or part of a small and
tive development centers, financial institutions competitive, merit-review process to award
rural or other underserved community, the Fed-
and investment funds, including community de- grants or cooperative agreements to eligible con-
eral share may be up to 90 percent of the total
velopment financial institutions and minority sortia for the development of regional innova-
cost, subject to subparagraph (A); and
depository institutions; tion strategies.
‘‘(E) elementary schools and secondary ‘‘(2) NUMBER OF RECIPIENTS.—Subject to ‘‘(C) except in the case of an eligible consor-
schools, including area career and technical availability of appropriations, the Secretary tium that is led by a Tribal government, the
education schools (as defined in section 3 of the shall seek to award a grant or cooperative Federal share may be up to 100 percent of the
Carl D. Perkins Career and Technical Edu- agreement under paragraph (1) to not fewer total cost of the project.
cation Act of 2006 (29 U.S.C. 2302); than 60 eligible consortia. ‘‘(f) STRATEGY IMPLEMENTATION GRANTS AND
‘‘(F) National Laboratories (as defined in sec- ‘‘(3) GEOGRAPHIC DIVERSITY AND REPRESENTA- COOPERATIVE AGREEMENTS.—
tion 2 of the Energy Policy Act of 2005 (42 TION.— ‘‘(1) IN GENERAL.—The Secretary shall use a
U.S.C. 15801)); ‘‘(A) IN GENERAL.—The Secretary shall carry competitive, merit-review process to award
‘‘(G) Federal laboratories; out paragraph (1) in a manner that ensures geo- grants or cooperative agreements to regional
‘‘(H) Manufacturing extension centers; graphic diversity and representation from com- technology and innovation hubs for the imple-
‘‘(I) Manufacturing USA institutes; munities of differing populations. mentation of regional innovation strategies, in-
‘‘(J) transportation planning organizations; ‘‘(B) AWARDS TO SMALL AND RURAL COMMU- cluding regional strategies for infrastructure
‘‘(K) a cooperative extension services; NITIES.—In carrying out paragraph (1), the Sec- and site development, in support of the regional
‘‘(L) organizations that represent the perspec- retary shall— innovation and technology and innovation
tives of underserved communities in economic ‘‘(i) award not fewer than one-third of the hub’s plans and programs. The Secretary should
development initiatives; and grants and cooperative agreements under such determine the size and number of awards based
‘‘(M) institutions receiving an award under paragraph to eligible consortia that signifi- on appropriations available to ensure the suc-
section 10388 of the Research and Development, cantly benefit a small and rural community, cess of regional technology and innovation hubs
Competition, and Innovation Act. which may include a State described in clause as outlined in subsection (h).
‘‘(d) DESIGNATION OF REGIONAL TECHNOLOGY (ii); and ‘‘(2) USE OF FUNDS.—Grants or cooperative
AND INNOVATION HUBS.— ‘‘(ii) award not fewer than one-third of the agreements awarded under paragraph (1) to a
‘‘(1) IN GENERAL.—In carrying out subsection grants and cooperative agreements under such regional technology and innovation hub may be
(b)(1)(C), the Secretary shall use a competitive, paragraph to eligible consortia that include as a used by the regional technology and innovation
merit-review process to designate eligible con- member of the eligible consortia at least 1 mem- hub to support any of the following activities,
sortia as regional technology and innovation ber that is a State or territory that is eligible to consistent with the most current regional inno-
hubs. receive funding from the Established Program to vation strategy of the regional technology and
‘‘(2) DISTRIBUTION.—In conducting the com-
Stimulate Competitive Research of the National innovation hub, which may have been devel-
petitive process under paragraph (1), the Sec-
Science Foundation. oped with or without financial assistance re-
retary shall ensure geographic and demographic ‘‘(4) USE OF FUNDS.— ceived under subsection (e) of this section:
diversity in the designation of regional tech- ‘‘(A) Use of funds under this grant shall in- ‘‘(A) WORKFORCE DEVELOPMENT ACTIVITIES.—
nology hubs by, subject to available appropria- clude— Workforce development activities including ac-
tions, designating at least 20 technology hubs, ‘‘(i) coordination of a locally defined planning tivities relating to the following:
and— processes, across jurisdictions and agencies, re-
‘‘(A) seeking to designate at least three tech- ‘‘(i) The creation of partnerships between in-
lating to developing a comprehensive regional dustry, workforce, nonprofit, and educational
nology hubs in each region covered by a re- technology strategy;
gional office of the Economic Development Ad- institutions, which may include community col-
‘‘(ii) identification of regional partnerships for leges, to create and align technical training and
ministration, while— developing and implementing a comprehensive
‘‘(i) ensuring that not fewer than one-third of educational programs, including for a skilled
regional technology strategy; technical workforce.
eligible consortia so designated as regional tech- ‘‘(iii) implementation or updating of assess-
nology hubs significantly benefit a small and ‘‘(ii) The design, development, and updating
ments to determine regional needs and capabili-
rural community, which may include a State or of educational and training curriculum and pro-
ties;
territory described in clauses (ii) and (iii); ‘‘(iv) development or updating of goals and grams, including training of trainers, teachers,
‘‘(ii) ensuring that not fewer than one-third of strategies to implement an existing comprehen- or instructors tied to demonstrated regional
eligible consortia so designated as regional tech- sive regional plan; skilled and technical workforce needs.
nology hubs include as a member of the eligible ‘‘(v) identification or implementation of plan- ‘‘(iii) The procurement of facilities and equip-
consortia at least 1 member that is a State or ning and local zoning and other code changes ment, as required to train a skilled and tech-
territory that is eligible to receive funding from necessary to implement a comprehensive re- nical workforce.
the Established Program to Stimulate Competi- gional technology strategy; and ‘‘(iv) The development and execution of pro-
tive Research of the National Science Founda- ‘‘(vi) development of plans for promoting grams, including traineeships and apprentice-
tion; and broad-based economic growth in a region. ships, to rapidly provide training and award
‘‘(iii) ensuring that at least one eligible con- ‘‘(B) Use of funds under this grant may in- certificates or credentials recognized by regional
sortium so designated as a regional technology clude the formation of a workforce development industries or other organizations.
hub is headquartered in a low population State strategy, according to the needs for a skilled ‘‘(v) The matching of regional employers with
that is eligible to receive funding from the Es- and technical workforce at all skill and degree a potential new entrant, underemployed, under-
tablished Program to Stimulate Competitive Re- levels in the region proposed to be served by the represented, reentering, or incumbent workforce,
search of the National Science Foundation; eligible consortia. Any workforce development as well as the securing of commitments from em-
‘‘(B) seeking to designate an additional two strategy submitted pursuant to paragraph (1) ployers to hire workers who successfully com-
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regional technology hubs based on selection fac- should include— plete training programs, or who are awarded
tors which shall include likelihood of success ‘‘(i) how the eligible consortia will develop, certificates or credentials.
and may include regional factors such as the ex- offer, or improve educational or career training ‘‘(vi) The expansion of successful training
tent to which the regional technology and inno- programs and curriculum for a skilled and tech- programs at a scale required by the region
vation hub significantly engages and benefits nical workforce; served by the regional technology and innova-
underserved communities in and near metropoli- ‘‘(ii) the extent to which such programs devel- tion hub, including through the use of online
tan areas; oped and offered by the eligible consortia will education and mentoring.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7347
‘‘(vii) The development and expansion of pro- gional technology and innovation hub has made and innovation hub under subsection (d) or a
grams with the goal of increasing the participa- satisfactory progress towards the metrics agreed grant or cooperative agreement under subsection
tion of persons historically underrepresented in to under subsection (j). (e) or (f) shall submit to the Secretary an appli-
STEM and manufacturing in the workforce de- ‘‘(C) FLEXIBLE APPROACH.—In renewing a cation therefore at such time, in such manner,
velopment plans of the regional technology and grant or cooperative agreement under subpara- and containing such information as the Sec-
innovation hub. graph (B), the Secretary and the eligible consor- retary may specify.
‘‘(viii) The provision of support services for tium may agree to new or additional uses of ‘‘(h) CONSIDERATIONS FOR DESIGNATION AND
attendees of training programs developed, up- funds in order to meet changes in the needs of AWARD OF STRATEGY IMPLEMENTATION GRANTS
dated, or expanded pursuant to this subsection, the region. AND COOPERATIVE AGREEMENTS.—In selecting
including career counseling. ‘‘(4) LIMITATION ON AMOUNT OF AWARDS.— an eligible consortium that submitted an appli-
‘‘(ix) The implementation of outreach and re- ‘‘(A) INITIAL PERFORMANCE PERIOD.—The cation under subsection (g) for designation
cruitment for training programs developed, up- amount of an initial grant or cooperative agree- under subsection (d) or for a grant or coopera-
dated, or expanded pursuant to this subsection, ments awarded to a regional technology and in- tive agreement under subsection (f), the Sec-
particularly at local educational institutions, novation hub under paragraph (3)(A) shall be retary shall consider the following:
including high schools and community colleges. no more than $150,000,000. ‘‘(1) The potential of the eligible consortium to
‘‘(B) BUSINESS AND ENTREPRENEUR DEVELOP- ‘‘(B) SUBSEQUENT PERFORMANCE PERIOD.— advance the research, development, deployment,
MENT ACTIVITIES.—Business and entrepreneur Upon renewal of a grant or cooperative agree- and domestic manufacturing of technologies in
development activities, including activities relat- ment under paragraph (3)(B), the Secretary may a key technology focus area, as described in sec-
ing to the following: award funding in the amount that the Secretary tion 10387 of the Research and Development,
‘‘(i) The development and growth of local and considers appropriate, ensuring that no single Competition, and Innovation Act or other tech-
regional businesses and the training of entre- regional technology and innovation hub receives nology or innovation sector critical to national
preneurs, which may include support for the ex- more than 10 percent of the aggregate amount of security and economic competitiveness.
pansion of employee owned businesses and co- the grants and cooperative agreements awarded ‘‘(2) The likelihood of positive regional eco-
operatives. under this subsection. nomic effect, including increasing the number of
‘‘(ii) The support of technology commer- ‘‘(5) MATCHING REQUIRED.— high wage domestic jobs, creating new economic
cialization, including funding for activities rel- ‘‘(A) INITIAL PERFORMANCE PERIOD.—Except opportunities for economically disadvantaged
evant to the protection of intellectual property in the case of a regional technology and innova- and underrepresented populations, and building
and for advancing potential ventures such as tion hub described in subparagraph (C), the and retaining wealth in the region.
acceleration, incubation, early-stage production total amount of all grants awarded to a regional ‘‘(3) How the eligible consortium plans to inte-
and other relevant programming. technology and innovation hub under this sub- grate with and leverage the resources of 1 or
‘‘(iii) The development of local and regional section in phase one shall not exceed 90 percent more federally funded research and development
capital networks and consortia to attract nec- of the total operating costs of the regional tech- centers, National Laboratories, Federal labora-
essary private funding to businesses and entre- nology and innovation hub during the initial tories, Manufacturing USA institutes, Hollings
preneurs in the region. performance period. Manufacturing Extension Partnership centers,
‘‘(iv) The development of local and regional ‘‘(B) SUBSEQUENT PERFORMANCE PERIOD.—Ex- regional innovation engines or translation ac-
networks for business and entrepreneur cept in the case of a regional technology and in- celerators established under sections 10388 and
mentorship. novation hub described in subparagraph (C), 10389 of the Research and Development, Com-
‘‘(C) TECHNOLOGY DEVELOPMENT AND MATURA- the total amount of all grants awarded to a re- petition, and Innovation Act, test beds estab-
TION ACTIVITIES.—Technology maturation ac- gional technology and innovation hub in subse- lished and operated under section 10390 of such
tivities, including activities relating to the fol- quent performance periods shall not exceed 75 Act, or other Federal entities.
lowing: percent of the total operating costs of the re- ‘‘(4) How the eligible consortium will engage
‘‘(i) The development and deployment of tech- gional technology and innovation hub in each with the private sector, including small- and
nologies in sectors critical to the region served year of the grant or cooperative agreement. medium-sized businesses and cooperatives, and
by the regional technology and innovation hub ‘‘(C) SMALL AND RURAL COMMUNITIES, UNDER- employee-owned businesses and cooperatives, to
or to national and economic security, including SERVED COMMUNITIES, AND INDIAN TRIBES.— commercialize new technologies and improve the
industry-university research cooperation, proof ‘‘(i) IN GENERAL.—The total Federal financial resiliency and sustainability of domestic supply
of concept, prototype development, testing, and assistance awarded in a given year to a regional chains in a key technology focus area, or other
scale-up for manufacturing. technology and innovation hub under this sub- technology or innovation sector critical to na-
‘‘(ii) The development of programming to sup- section shall not exceed amounts as follows: tional security and economic competitiveness.
port the creation and transfer of intellectual ‘‘(I) In the case of a regional technology and ‘‘(5) How the eligible consortium will carry
property into private use, such as through start- innovation hub that primarily serves a small out workforce development and skills acquisi-
up creation. and rural community or other underserved com- tion programming, including through partner-
‘‘(iii) The provision of facilities for technology munity, in a fiscal year, 90 percent of the total ships with entities that include State and local
maturation, including incubators and produc- funding of the regional technology and innova- workforce development boards, institutions of
tion testbeds for collaborative development of tion hub in that fiscal year. higher education, including community colleges,
technologies by private sector, academic, non- ‘‘(II) In the case of a regional technology and historically Black colleges and universities,
profit, and other entities. innovation hub that is led by a Tribal govern- Tribal Colleges or Universities, and minority-
‘‘(iv) Activities to provide or ensure access to ment, in a fiscal year, 100 percent of the total serving institutions, labor organizations, non-
capital for new business and business expan- funding of the regional technology and innova- profit organizations, workforce development
sion, including by attracting new private, pub- tion hub in that fiscal year. programs, and other related activities author-
lic, and philanthropic investment and by estab- ‘‘(ii) MINIMUM THRESHOLD OF RURAL REP- ized by the Secretary, to support the develop-
lishing local and regional venture and loan RESENTATION.—For purposes of clause (i)(I), the ment of a skilled technical workforce for the re-
funds, community development financial insti- Secretary shall establish a minimum threshold gional technology and innovation hub, includ-
tutions, and minority depository institutions. of rural representation in the regional tech- ing key technology focus area or other tech-
‘‘(D) INFRASTRUCTURE-RELATED ACTIVITIES.— nology and innovation hub. nology or innovation sector critical to national
The building of facilities and site connectivity ‘‘(D) IN-KIND CONTRIBUTIONS.—For purposes security and economic competitiveness.
infrastructure necessary to carry out activities of this paragraph, in-kind contributions may be ‘‘(6) How the eligible consortium will improve
described in subparagraphs (A), (B), and (C), used for part of the non-Federal share of the or expand science, technology, engineering, and
including activities relating to the following: total funding of a regional technology and inno- mathematics education programs and opportuni-
‘‘(i) Establishing a center with required tools vation hub in a fiscal year. ties in the identified region in elementary and
and instrumentation for workforce development. ‘‘(6) GRANTS FOR INFRASTRUCTURE.—Any secondary school and higher education institu-
‘‘(ii) Establishing a facility for technology de- grant or cooperative agreement awarded under tions located in the identified region to support
velopment, demonstration, and testing. this subsection to support the construction of the development of a key technology focus area
‘‘(iii) Establishing collaborative incubators to facilities and site connectivity infrastructure or other technology or innovation sector critical
support technology commercialization and en- shall be awarded pursuant to section 201 of the to national security and economic competitive-
trepreneur training. Public Works and Economic Development Act of ness.
‘‘(3) TERM.— 1965 (42 U.S.C. 3141) and subject to the provi- ‘‘(7) How the eligible consortium plans to de-
‘‘(A) INITIAL PERFORMANCE PERIOD.—The term sions of such Act, except that subsection (b) of velop partnerships with venture development or-
of an initial grant or cooperative agreement such section and sections 204 and 301 of such ganizations, community development financial
awarded under this subsection shall be for a pe- Act (42 U.S.C. 3144; 3161) shall not apply. institutions and minority depository institu-
riod that the Secretary deems appropriate for ‘‘(7) RELATION TO CERTAIN GRANT AWARDS.— tions, and sources of private investment in sup-
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the proposed activities but not less than 2 years. The Secretary shall not require a regional tech- port of private sector activity, including launch-
‘‘(B) SUBSEQUENT PERFORMANCE PERIOD.—The nology and innovation hub to receive a grant or ing new or expanding existing companies in a
Secretary may renew a grant or cooperative cooperative agreement under subsection (e) in key technology focus area or other technology
agreement awarded to a regional technology order to receive a grant or cooperative agree- or innovation sector critical to national security
and innovation hub under paragraph (1) for ment under this subsection. and economic competitiveness.
such period as the Secretary considers appro- ‘‘(g) APPLICATIONS.—An eligible consortium ‘‘(8) How the eligible consortium plans to or-
priate, if the Secretary determines that the re- seeking designation as a regional technology ganize the activities of regional partners across
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H7348 CONGRESSIONAL RECORD — HOUSE July 28, 2022
sectors in support of a regional technology and technology and innovation hub, the Secretary tunity across the region, including for economic
innovation hub. shall— disadvantaged and underrepresented popu-
‘‘(9) How the eligible consortium considers op- ‘‘(A) in consultation with the regional tech- lations and rural areas.
portunities to support local and regional busi- nology and innovation hub, develop metrics, ‘‘(v) Information regarding such other matters
nesses through procurement, including from mi- which may include metrics relating to domestic as the Secretary may require.
nority-owned and women-owned businesses. job creation, patent awards, increases in re- ‘‘(3) INTERIM REPORTS BY RECIPIENTS OF
‘‘(10) How the eligible consortium will ensure search funding, business formation and expan- GRANTS AND COOPERATIVE AGREEMENTS.—In ad-
that growth in technology, innovation, and ad- sion, and participation of individuals or commu- dition to requiring submittal of final reports
vanced manufacturing sectors produces oppor- nities historically underrepresented in STEM, to under paragraph (2)(A), the Secretary may re-
tunity across the identified region and for eco- assess the effectiveness of the activities funded quire a regional technology and innovation hub
nomically disadvantaged, minority, underrep- in making progress toward the purposes set described in such paragraph to submit to the
resented and rural populations, including, as forth under subsection (b)(1); Secretary such interim reports as the Secretary
appropriate, consideration of how the eligible ‘‘(B) establish standards for the performance considers appropriate.
consortium takes into account the relevant im- of the regional technology and innovation hub ‘‘(4) ANNUAL REPORTS TO CONGRESS.—Not less
pact of existing regional status and plans or that are based on the metrics developed under frequently than once each year, the Secretary
may affect regional goals for affordable housing subparagraph (A); and shall submit to the appropriate committees of
availability, local and regional transportation, ‘‘(C) prior to any award made under a subse- Congress an annual report on the results of the
high-speed internet access, and primary and quent performance period in subsection (f) and assessments conducted by the Secretary under
secondary education. every 2 years thereafter until Federal financial paragraph (1)(C) during the period covered by
‘‘(11) How well the region’s education institu- assistance under this section for the regional the report.
tions align their activities, including research, technology and innovation hub is discontinued, ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—
educational programs, training, with the pro- conduct an assessment of the regional tech- There is authorized to be appropriated to the
posed areas of focus. nology and innovation hub to confirm whether Secretary—
‘‘(12) The likelihood efforts served by the con- the performance of the regional technology and ‘‘(1) $50,000,000 to award grants and coopera-
sortium will be sustained once Federal support innovation hub is meeting the standards for per- tive agreements under subsection (e) for the pe-
ends. formance established under subparagraph (B) of riod of fiscal years 2023 through 2027;
‘‘(13) How the eligible consortium will, as ap- this paragraph. ‘‘(2) $2,950,000,000 to award grants and coop-
propriate— ‘‘(2) FINAL REPORTS BY RECIPIENTS OF STRAT- erative agreements under subsection (f) for the
‘‘(A) enhance the economic, environmental, EGY IMPLEMENTATION GRANTS AND COOPERATIVE period of fiscal years 2023 and 2024; and
and energy security of the United States by pro- AGREEMENTS.— ‘‘(3) $7,000,000,000 to award grants and coop-
moting domestic development, manufacture, and ‘‘(A) IN GENERAL.—The Secretary shall require erative agreements under subsection (f) for the
deployment of innovative clean technologies and each eligible consortium that receives a grant or period of fiscal years 2025 through 2027.
advanced manufacturing practices; and cooperative agreement under subsection (f) for ‘‘(l) ADMINISTRATION.—The Secretary may use
‘‘(B) support translational research, tech- activities of a regional technology and innova- funds made available to carry out this section
nology development, manufacturing innovation, tion hub, as a condition of receipt of such grant for administrative costs under this section.
and commercialization activities relating to or cooperative agreement, to submit to the Sec- ‘‘SEC. 29. DISTRESSED AREA RECOMPETE PILOT
clean technology. retary, not later than 120 days after the last day PROGRAM.
‘‘(i) COORDINATION AND COLLABORATION.— of the term of the grant or cooperative agree- ‘‘(a) IN GENERAL.—Within the program au-
‘‘(1) COORDINATION WITH REGIONAL INNOVA- ment, a report on the activities of the regional thorized under section 28, the Secretary is au-
TION PROGRAM.—The Secretary shall ensure the technology and innovation hub supported by thorized to establish a pilot program, to be
activities under this section do not duplicate ac- the grant or cooperative agreement. known as the ‘Recompete Pilot Program’, to pro-
tivities or efforts under section 27. ‘‘(B) CONTENTS OF REPORT.—Each report sub- vide grants to eligible recipients representing eli-
‘‘(2) COORDINATION AMONG HUBS.—The Sec- mitted by an eligible consortium under subpara- gible areas or Tribal lands to alleviate persistent
retary shall ensure eligible consortia that re- graph (A) shall include the following: economic distress and support long-term com-
ceive a grant or cooperative agreement under ‘‘(i) A detailed description of the activities prehensive economic development and job cre-
this section coordinate and share best practices carried out by the regional technology and in- ation in eligible areas.
for regional economic development. novation hub using the grant or cooperative ‘‘(b) STRATEGY DEVELOPMENT GRANTS AND
‘‘(3) COORDINATION WITH PROGRAMS OF THE agreement described in subparagraph (A), in- COOPERATIVE AGREEMENTS.—Subject to avail-
NATIONAL INSTITUTE OF STANDARDS AND TECH- cluding the following: able appropriations, the Secretary is authorized,
NOLOGY.—The Secretary shall coordinate the ac- ‘‘(I) A description of each project the regional on the application of an eligible recipient, to
tivities of regional technology and innovation technology and innovation hub completed using award up to one half of the number of grants
hubs designated under this section, the Hollings such grant or cooperative agreement. under subsection (e) of section 28 to eligible re-
Manufacturing Extension Partnership, and the ‘‘(II) An explanation of how each project de- cipients to develop a recompete plan and carry
Manufacturing USA Program, as the Secretary scribed in subclause (I) achieves a specific goal out related predevelopment activities.
considers appropriate, to maintain the effective- under this section in the region of the regional ‘‘(c) STRATEGY IMPLEMENTATION GRANTS AND
ness of a manufacturing extension center or a technology and innovation hub with respect COOPERATIVE AGREEMENTS.—Subject to avail-
Manufacturing USA institute. to— able appropriations and subsection (f) , the Sec-
‘‘(4) COORDINATION WITH DEPARTMENT OF EN- ‘‘(aa) the resiliency and sustainability of a retary shall award, on the application of an eli-
ERGY PROGRAMS.—The Secretary shall, in col- supply chain; gible recipient, at least ten strategy implementa-
laboration with the Secretary of Energy, coordi- ‘‘(bb) research, development, and deployment tion grants, in accordance with a recompete
nate the activities and selection of regional of a critical technology; plan review and approved by the Secretary, to
technology and innovation hubs designated ‘‘(cc) workforce training and development; carry out coordinated and comprehensive eco-
under this section, as the Secretaries consider ‘‘(dd) domestic job creation; nomic development programs and activities in
appropriate, to maintain the effectiveness of ac- ‘‘(ee) entrepreneurship and company forma- an eligible area, consistent with a recompete
tivities at the Department of Energy and the tion; plan approved by the Secretary. Such activities
National Laboratories. ‘‘(ff) commercialization; may include—
‘‘(5) INTERAGENCY COLLABORATION.—In desig- ‘‘(gg) access to private capital; or ‘‘(1) workforce development activities of the
nating regional technology and innovation hubs ‘‘(hh) participation of individuals or commu- kind described in section 28(f) or other job train-
under subsection (d) and awarding grants or co- nities historically underrepresented in STEM. ing and workforce outreach programs oriented
operative agreements under subsection (f), the ‘‘(ii) A discussion of any obstacles encoun- to local employer needs, such as—
Secretary— tered by the regional technology and innovation ‘‘(A) customized job training programs carried
‘‘(A) shall collaborate with Federal depart- hub in the implementation of the regional tech- out by local community colleges and other train-
ments and agencies whose missions contribute to nology and innovation hub and how the re- ing or educational organizations in partnership
the goals of the regional technology and innova- gional technology and innovation hub overcame with local businesses;
tion hub; those obstacles. ‘‘(B) workforce outreach programs located in,
‘‘(B) shall consult with the Director of the Na- ‘‘(iii) An evaluation of the success of the and targeted to, lower-income and under-
tional Science Foundation for the purpose of en- projects of the regional technology and innova- employed neighborhoods; and
suring that the regional technology and innova- tion hub using the performance standards and ‘‘(C) programs to embed job placement and
tion hubs are aligned with relevant science, measures established under paragraph (1), in- training services in neighborhood institutions
technology, and engineering expertise; and cluding an evaluation of the planning process such as churches, housing projects, and commu-
‘‘(C) may accept funds from other Federal and how the project contributes to carrying out nity advocacy programs; and
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agencies to support grants, cooperative agree- the regional innovation strategy of the regional ‘‘(D) job retention programs and activities,
ments, and activities under this section. technology and innovation hub. such as the provision of career coaches;
‘‘(j) PERFORMANCE MEASUREMENT, TRANS- ‘‘(iv) The effectiveness of the regional tech- ‘‘(2) business and entrepreneur development
PARENCY, AND ACCOUNTABILITY.— nology and innovation hub in ensuring that, in activities of the kind described in section 28(f),
‘‘(1) METRICS, STANDARDS, AND ASSESSMENT.— the region of the regional technology and inno- technology development and maturation activi-
For each grant and cooperative agreement vation hub, growth in technology and innova- ties of the kind described in such section, or the
awarded under subsection (f) for a regional tion sectors produces broadly shared oppor- provision of business advice and assistance to
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7349
small and medium-sized local businesses and en- cation at such time, in such manner, and con- ‘‘(iii) the roles and responsibilities of specified
trepreneurs. Such advice and assistance may in- taining such information as the Secretary deter- entities that may receive grant funds awarded
clude— mines to be appropriate; and under subsection (c); and
‘‘(A) manufacturing extension services; ‘‘(2) subsection (c) of this section, an eligible ‘‘(iv) other information as the Secretary deter-
‘‘(B) small business development centers; recipient shall submit to the Secretary an appli- mines appropriate;
‘‘(C) centers to help businesses bid for Federal cation at such time, in such manner, and con- ‘‘(B) is submitted to the Secretary for approval
procurement contracts; taining such information as the Secretary deter- for an eligible recipient to be considered for a
‘‘(D) entrepreneurial assistance programs that mines to be appropriate, including a recompete grant described in subsection (c); and
link entrepreneurs with available public and plan approved by the Secretary. ‘‘(C) may be modified over the term of the
private resources; ‘‘(h) RELATION TO CERTAIN GRANT AWARDS.— grant by the eligible recipient, subject to the ap-
‘‘(E) legal advice and resources; and The Secretary shall not require an eligible re- proval of the Secretary or at the direction of the
‘‘(F) assistance in accessing capital; cipient to receive a grant or cooperative agree- Secretary, if the Secretary determines
‘‘(3) infrastructure related activities of the ment under subsection (b) in order to receive a benchmarking requirements are repeatedly not
kind described in section 28(f) or other land and grant or cooperative agreement under subsection met or if other circumstances necessitate a modi-
site development programs, such as brownfield (c). fication.
redevelopment, research and technology parks, ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(7) SPECIFIED ENTITY.—The term ‘specified
business incubators, business corridor develop- There is authorized to be appropriated to the entity’ means—
ment, and other infrastructure activities related Secretary $1,000,000,000 to award grants and co- ‘‘(A) a unit of local government;
to supporting job creation and employment for operative agreements under subsection (c) of ‘‘(B) the District of Columbia;
residents, subject to the requirements of section this section, for the period of fiscal years 2022 ‘‘(C) a territory of the United States;
28(f)(6); and through 2026. ‘‘(D) a Tribal government;
‘‘(4) additional planning, predevelopment, ‘‘(j) DEFINITIONS.—In this section: ‘‘(E) political subdivision of a State or other
technical assistance, and other administrative ‘‘(1) ELIGIBLE AREA.—The term ‘eligible area’ entity, including a special-purpose entity en-
activities as may be necessary for the ongoing means either of the following: gaged in economic development activities;
implementation, administration, and operation ‘‘(A) A local labor market that— ‘‘(F) a public entity or nonprofit organization,
of the programs and activities carried out with ‘‘(i) has a prime-age employment gap equal to acting in cooperation with the officials of a po-
a grant or cooperative agreement under this sec- not less than 2.5 percent; and litical subdivision of a State or other entity de-
tion, including but not limited to economic de- ‘‘(ii) meets additional criteria as the Secretary scribed in subparagraph (E);
velopment planning and evaluation. ‘‘(G) an economic development district (as de-
may establish.
‘‘(d) TERM.— ‘‘(B) A local community that— fined in section 3 of the Public Works and Eco-
‘‘(1) INITIAL PERFORMANCE PERIOD.—The term ‘‘(i) has a prime-age employment gap equal to nomic Development Act of 1965 (42 U.S.C. 3122);
of an initial grant or cooperative agreement not less than 5 percent; and
awarded under subsection (c) shall be for a pe- ‘‘(ii) is not located within an eligible local ‘‘(H) a consortium of any of the specified enti-
riod that the Secretary deems appropriate for labor market that meets the criteria described in ties described in this paragraph which serve or
the proposed activities but not less than 2 years. subparagraph (A); are contained within the same eligible area.
‘‘(8) TRIBAL LAND.—The term ‘Tribal land’
‘‘(2) SUBSEQUENT PERFORMANCE PERIOD.—The ‘‘(iii) has a median annual household income
means any land—
Secretary may renew a grant or cooperative of not more than $75,000; and
‘‘(A) located within the boundaries of an In-
agreement awarded under subsection (c) for ‘‘(iv) meets additional criteria as the Secretary
dian reservation, pueblo, or rancheria; or
such period, such amount, and such terms as may establish. ‘‘(B) not located within the boundaries of an
the Secretary considers appropriate, if the Sec- ‘‘(2) ELIGIBLE RECIPIENT.—The term ‘eligible
Indian reservation, pueblo, or rancheria, the
retary determines that the recipient of an award recipient’ means a specified entity that has been
title to which is held—
under subsection (c) has made satisfactory authorized in a manner as determined by the ‘‘(i) in trust by the United States for the ben-
progress towards metrics or benchmarking re- Secretary to represent and act on behalf of an efit of an Indian Tribe or an individual Indian;
quirements established by the Secretary at time eligible area for the purposes of this section. ‘‘(ii) by an Indian Tribe or an individual In-
of award. ‘‘(3) LOCAL LABOR MARKET.—The term ‘local dian, subject to restriction against alienation
‘‘(3) FLEXIBLE APPROACH.—In renewing a labor market’ means any of the following areas under laws of the United States; or
grant or cooperative agreement under subsection that contains 1 or more specified entities de- ‘‘(iii) by a dependent Indian community.
(c), the Secretary may approve new or addi- scribed in subparagraphs (A) through (D) of ‘‘(9) TRIBAL PRIME-AGE POPULATION.—
tional uses of funds, consistent with the uses de- paragraph (6): ‘‘(A) IN GENERAL.—The term ‘Tribal prime-age
scribed in subsection (c), to meet changes in the ‘‘(A) A metropolitan statistical area or population’ shall be equal to the sum obtained
needs of the region. micropolitan statistical area, excluding any area by adding—
‘‘(e) LIMITATIONS.— described in subparagraph (C). ‘‘(i) the product obtained by multiplying—
‘‘(1) LIMITATION ON ELIGIBLE AREAS.—An eli- ‘‘(B) A commuting zone, excluding any areas ‘‘(I) the total number of individuals ages 25
gible area may not benefit from more than 1 described in subparagraphs (A) and (C). through 54 residing on the Tribal land of the
grant or cooperative agreement described in sub- ‘‘(C) The Tribal land with a Tribal prime-age Tribal government; and
section (b) and 1 grant or cooperative agreement population represented by a Tribal government. ‘‘(II) 0.65; and
described in subsection (c), provided that a re- ‘‘(4) LOCAL COMMUNITY.—The term ‘local com- ‘‘(ii) the product obtained by multiplying—
newal described in subsection (d)(2) shall not munity’ means the area served by a general-pur- ‘‘(I) the total number of individuals ages 25
constitute an additional grant. pose unit of local government that is located through 54 included on the membership roll of
‘‘(2) LIMITATION ON RECIPIENTS.—For purposes within, but does not cover the entire area of, a the Tribal government; and
of the program under this section, an eligible re- local labor market that does not meet the cri- ‘‘(II) 0.35
cipient may not receive multiple grants de- teria described in paragraph (1)(A). ‘‘(B) USE OF DATA.—A calculation under sub-
scribed in subsection (c) on behalf of more than ‘‘(5) PRIME-AGE EMPLOYMENT GAP.— paragraph (A) shall be determined based on
1 eligible area. ‘‘(A) IN GENERAL.—The term ‘prime-age em- data provided by the applicable Tribal govern-
‘‘(f) AWARD AMOUNT.— ployment gap’ means the difference (expressed ment to the Department of the Treasury under
‘‘(1) IN GENERAL.—In determining the amount as a percentage) between— the Coronavirus State and Local Fiscal Recov-
of a grant that an eligible recipient may be ‘‘(i) the national 5-year average prime-age em- ery Fund programs under title VI of the Social
awarded under subsection (c), the Secretary ployment rate; and Security Act (42 U.S.C. 801 et seq.).’’.
shall— ‘‘(ii) the 5-year average prime-age employment (b) INITIAL DESIGNATIONS AND AWARDS.—
‘‘(A) take into consideration the proposed ac- rate of the eligible area. (1) COMPETITION REQUIRED.—Not later than 1
tivities and projected expenditures outlined in ‘‘(B) CALCULATION.—For the purposes of sub- year after the date of the enactment of this Act,
an approved recompete plan; and paragraph (A), an individual is prime-age if subject to the availability of appropriations, the
‘‘(B) award not more than the product ob- such individual between the ages of 25 years Secretary of Commerce shall commence a com-
tained by multiplying— and 54 years. petition under subsection (d)(1) of section 28 of
‘‘(i) the prime-age employment gap of the eli- ‘‘(6) RECOMPETE PLAN.—The term ‘recompete the Stevenson-Wydler Technology Innovation
gible area; plan’ means a comprehensive multiyear eco- Act of 1980 (as added by this section).
‘‘(ii) the prime-age population of the eligible nomic development plan that— (2) DESIGNATION AND AWARD.—Not later than
area; and ‘‘(A) includes— 18 months after the date of the enactment of this
‘‘(iii) either— ‘‘(i) proposed programs and activities to be Act, if the Secretary has received at least 1 ap-
‘‘(I) $70,585 for local labor markets; or carried out with a grant awarded under sub- plication under subsection (g) of section 28 of
‘‘(II) $53,600 for local communities. section (c) to address the economic challenges of the Stevenson-Wydler Technology Innovation
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‘‘(2) MINIMUM AMOUNT.—The Secretary may the eligible area in a comprehensive manner Act of 1980 (as added by this section) from an el-
not make an award that is less than $20,000,000 that promotes long-term, sustained economic igible consortium which the Secretary considers
to an eligible recipient. growth, lasting job creation, per capita wage in- suitable for designation under subsection (d)(1)
‘‘(g) APPLICATIONS.—To be considered for a creases, and reduction in the prime-age employ- of such section 28, the Secretary shall—
grant or cooperative agreement under— ment gap of the eligible area; (A) designate at least 1 regional technology
‘‘(1) subsection (b) of this section, an eligible ‘‘(ii) projected costs and annual expenditures and innovation hub under subsection (d)(1) of
recipient shall submit to the Secretary an appli- and proposed disbursement schedule; such section 28; and
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H7350 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(B) award a grant or cooperative agreement ‘‘(7) COMMUNITY-BASED ORGANIZATION.—The activities will achieve the purposes described in
under subsection (f)(1) of such section 28 to each term ‘community-based organization’ has the subsection (c);
regional technology and innovation hub des- meaning given the term in section 3 of the Work- ‘‘(D) a plan for attracting additional funds
ignated pursuant to subparagraph (A) of this force Innovation and Opportunity Act (29 and identification of funding sources from non-
paragraph. U.S.C. 3102). Federal sources to deliver the proposed outcomes
(c) DISTRESSED AREA DESIGNATION AND ‘‘(8) COMMUNITY COLLEGE.—The term ‘commu- of the regional clean energy innovation partner-
AWARD.—Not later than 18 months after the nity college’ means— ship;
date of the enactment of this section, subject to ‘‘(A) a public institution of higher education, ‘‘(E) a plan for partnering and collaborating
the availability of appropriations, if the Sec- including additional locations, at which the with community development financial institu-
retary has received applications under section highest degree, or the predominantly awarded tions and minority depository institutions, labor
29 of the Stevenson-Wydler Technology Innova- degree, is an associate degree; or organizations and community groups, worker
tion Act of 1980 (as added by this section) from ‘‘(B) any Tribal college or university (as de- cooperative membership associations, local and
an eligible recipient which the Secretary con- fined in section 316 of the Higher Education Act state employee ownership and cooperative devel-
siders suitable for award under such section 29, of 1965 (20 U.S.C. 1059c)). opment centers, and other local institutions in
the Secretary shall award grants or cooperative ‘‘(9) WORKFORCE DEVELOPMENT PROGRAM.— order to promote employee, community, and
agreement under subsections (b) and (c) of such The term ‘workforce development program’ has public ownership in the clean energy sector, and
section 29 to one or more eligible recipients. the meaning given the term in section 3 of the advance models of local economic development
SEC. 10622. REGIONAL CLEAN ENERGY INNOVA- Workforce Innovation and Opportunity Act (29 that build and retain wealth in the region;
TION PROGRAM. U.S.C. 3102). ‘‘(F) a plan for sustaining activities of the re-
‘‘(b) IN GENERAL.—The Secretary shall estab- gional clean energy innovation partnership
Subtitle C of title IX of the Energy Independ-
lish a Regional Clean Energy Innovation Pro- after funds received under this program have
ence and Security Act of 2007 is amended by
gram, a research, development, demonstration, been expended; and
adding at the end the following: ‘‘(G) a proposed budget, including financial
‘‘SEC. 936. REGIONAL CLEAN ENERGY INNOVA-
and commercial application program designed to
enhance the economic, environmental, and en- contributions from non-Federal sources.
TION PROGRAM. ‘‘(4) CONSIDERATIONS.—In selecting covered
‘‘(a) DEFINITIONS.—In this section: ergy security of the United States and accelerate
the pace of innovation of diverse clean energy consortia for funding under the Program, the
‘‘(1) REGIONAL CLEAN ENERGY INNOVATION Secretary shall, to the maximum extent prac-
PARTNERSHIP.—The term ‘regional clean energy
technologies through the formation or support
of regional clean energy innovation partner- ticable—
innovation partnership’ means a group of one or ‘‘(A) give special consideration to applications
more persons, including a covered consortium, ships.
‘‘(c) PURPOSES OF THE PROGRAM.—The pur- from rural, tribal, and low-income communities;
who perform a collection of activities that are and
poses of the Program established under sub-
coordinated by such covered consortium to carry ‘‘(B) ensure that there is geographic diversity
section (b) are to—
out the purposes of the program under sub- among the covered consortia selected to receive
‘‘(1) improve the competitiveness of United
section (c) in a region of the United States. funding.
States’ clean energy technology research, devel- ‘‘(5) AWARD AMOUNT.—Grants given out under
‘‘(2) COVERED CONSORTIUM.—The term ‘cov-
opment, demonstration, and commercial applica- this Program shall be in an amount not greater
ered consortium’ means an individual or group
tion; and than $10,000,000, with the total grant award in
of individuals in partnership with a government
‘‘(2) support the development of tools and
entity, including a State, territorial, local, or any year less than that in the previous year.
technologies best suited for use in diverse re- ‘‘(6) COST SHARE.—For grants that are dis-
tribal government or unit of such government,
gions of the United States, including in rural, bursed over the course of three or more years,
and at least 2 or more of the following addi-
tribal, and low-income communities. the Secretary shall require, as a condition of re-
tional entities— ‘‘(d) REGIONAL CLEAN ENERGY INNOVATION
‘‘(A) an institution of higher education or a ceipt of funds under this section, that a covered
PARTNERSHIPS.— consortium provide not less than 50 percent of
consortium of institutions of higher education, ‘‘(1) IN GENERAL.—The Secretary shall com-
including community colleges; the funding for the activities of the regional
petitively award grants to covered consortia to clean energy partnership under this section for
‘‘(B) a workforce development program; establish or support regional clean energy inno-
‘‘(C) a private sector entity or group of enti- years 3, 4, and 5.
vation partnerships that achieve the purposes of ‘‘(7) DURATION.—Each grant under paragraph
ties, including a trade or industry association; the Program in subsection (c).
‘‘(D) a nonprofit organization; shall be for a period of not longer than 5 years.
‘‘(2) PERMISSIBLE ACTIVITIES.—Grants award- ‘‘(8) RENEWAL.—A grant awarded under this
‘‘(E) a community group or community-based ed under this subsection shall be used for activi-
organization; section may be renewed for a period of not more
ties determined appropriate by the Secretary to than 5 years, subject to a rigorous merit review
‘‘(F) a labor organization or joint labor-man- achieve the purposes of the Program in sub-
agement organization; based on the progress of a regional clean energy
section (c), including— innovation partnership towards achieving the
‘‘(G) a National Laboratory; ‘‘(A) facilitating the commercial application of
‘‘(H) a venture development organization; purposes of the program in subsection (c) and
clean energy products, processes, and services, the metrics developed under subsection (g).
‘‘(I) a community development financial insti- including through research, development, dem- ‘‘(9) TERMINATION.—Consistent with the exist-
tution or minority depository institution; onstration, or technology transfer; ing authorities of the Department, the Secretary
‘‘(J) a worker cooperative membership associa- ‘‘(B) planning among participants of a re- may terminate grant funding under this sub-
tion or state or local employee ownership or co- gional clean energy innovation partnership to section to covered consortia during the perform-
operative development center; improve the strategic and cost-effective coordi- ance period if the Secretary determines that the
‘‘(K) an organization focused on clean energy nation of the partnership; regional clean energy innovation partnership is
technology innovation or entrepreneurship; ‘‘(C) improving stakeholder involvement in the underperforming.
‘‘(L) a business or clean energy accelerator or development of goals and activities of a regional ‘‘(10) ADMINISTRATIVE COSTS.—The Secretary
incubator; clean energy innovation partnership; may allow a covered consortium that receives
‘‘(M) an economic development organization; ‘‘(D) assessing different incentive mechanisms funds under this section to allocate a portion of
‘‘(N) a manufacturing facility or organization; for clean energy development and commercial the funding received to be used for administra-
‘‘(O) a multi-institutional collaboration; or application in the region; tive or indirect costs.
‘‘(P) any other entity that the Secretary deter- ‘‘(E) hosting events and conferences; and ‘‘(11) FUNDING.—The Secretary may accept
mines to be relevant. ‘‘(F) establishing and updating roadmaps to funds from other Federal agencies to support
‘‘(3) PROGRAM.—The term ‘program’ means measure progress on relevant goals, such as funding and activities under this section.
the Regional Clean Energy Innovation Program those relevant to metrics developed under sub- ‘‘(e) PLANNING FUNDS.—The Secretary may
authorized in subsection (b). section (g). competitively award grants in an amount no
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The ‘‘(3) APPLICATIONS.—Each application sub- greater than $2,000,000 for a period not longer
term ‘institution of higher education’ has the mitted to the Secretary under paragraph (1) may than 2 years to an entity consisting of a govern-
meaning given such term in section 101 or include— ment entity, including a State, territorial, local,
102(a)(1)(B) of the Higher Education Act of 1965, ‘‘(A) a list of members and roles of members of or tribal government or unit of such government
as amended (20 U.S.C. 1001, 1002(a)(1)(B)). the covered consortia, as well as any other or any entity listed under subsection (a)(2) to
‘‘(5) NATIONAL LABORATORY.—The term ‘Na- stakeholders supporting the activities of the re- plan a regional clean energy innovation part-
tional Laboratory’ has the meaning given that gional clean energy innovation partnership; nership or establish a covered consortium for the
term in section 2 of the Energy Policy Act of ‘‘(B) an assessment of the relevant clean en- purpose of applying for funds under subsection
2005 (42 2 U.S.C. 15801). ergy innovation assets needed in a region to (b).
‘‘(6) CLEAN ENERGY TECHNOLOGY.—The term achieve proposed outcomes, such as education ‘‘(f) INFORMATION SHARING.—As part of the
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‘clean energy technology’ means a technology and workforce development programs, research program, the Secretary shall support the gath-
that significantly reduces energy use, increases facilities, infrastructure or site development, ac- ering, analysis, and dissemination of informa-
energy efficiency, reduces greenhouse gas emis- cess to capital, manufacturing capabilities, or tion on best practices for developing and oper-
sions, reduces emissions of other pollutants, or other assets; ating successful regional clean energy innova-
mitigates other negative environmental con- ‘‘(C) a description of proposed activities that tion partnerships.
sequences of energy production, transmission or the regional clean energy innovation partner- ‘‘(g) METRICS.—In evaluating a grant renewal
use. ship plans to undertake and how the proposed under subsection (d)(8), the Secretary shall
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7351
work with program evaluation experts to de- appointments, and special government employ- ommendation for such a student, at such stu-
velop and make publicly available metrics to as- ees other than peer reviewers, from participating dent’s request; and
sess the progress of a regional clean energy in- in a foreign talent recruitment program; (4) other international activities determined
novation partnership towards achieving the (2) as part of the requirements under section appropriate by the Federal research agency
purposes of the program in subsection (c). 223 of the William (Mac) Thornberry NDAA of head or designee.
‘‘(h) COORDINATION.—In carrying out the pro- Fiscal Year 2021 (10 U.S.C. 6605; Public Law (e) LIMITATION.—The certifications required
gram, the Secretary shall coordinate with, and 116–283), require covered individuals to disclose under subsection (a) shall not apply retro-
avoid unnecessary duplication of, the activities if such individuals are a party to a foreign tal- actively to research and development awards
carried out under this section with the activities ent recruitment program contract, agreement, or made or applied for prior to the establishment of
of other research entities of the Department or other arrangement; the policy by the Federal research agency.
relevant programs at other Federal agencies. (3) prohibit research and development awards (f) TRAINING.—Each Federal research agency
‘‘(i) CONFLICTS OF INTEREST.—In carrying out from being made for any proposal in which a shall ensure that, as a requirement of an award
the program, the Secretary shall maintain con- covered individual is participating in a malign from each such agency, recipient institutions
flict of interest procedures, consistent with the foreign talent recruitment program; and provide training on the risks of malign foreign
conflict of interest procedures of the Depart- (4) to the extent practicable, require recipient talent recruitment programs to covered individ-
ment. institutions to prohibit covered individuals par- uals employed at such institutions, including
‘‘(j) EVALUATION BY COMPTROLLER GEN- ticipating in malign foreign talent recruitment those individuals who are participating in ac-
ERAL.—Not later than 3 years after the date of programs from working on projects supported by tivities described in subsection (d).
the enactment of the Research and Develop- research and development awards. SEC. 10633. REVIEW OF CONTRACTS AND AGREE-
ment, Competition, and Innovation Act, and (c) DEFINITION OF FOREIGN TALENT RECRUIT- MENTS.
again 3 years later, the Comptroller General MENT PROGRAMS.—As part of the guidance
(a) IN GENERAL.—In addition to existing au-
shall submit to the Committee on Science, Space, under subsection (b), the Director of the Office
thorities for preventing waste, fraud, abuse, and
and Technology of the House of Representatives of Science and Technology Policy shall define
mismanagement of Federal funds, each Federal
and the Committee on Energy and Natural Re- and describe the characteristics of a foreign tal-
research agency shall have the authority to—
sources of the Senate an evaluation on the oper- ent recruitment program.
(1) require, upon request, the submission to
ation of the program during the most recent 3- (d) IMPLEMENTATION.—Not later than one
such agency, by an institution of higher edu-
year period, including— year after the date of the enactment of this Act,
cation or other organization applying for a re-
‘‘(1) an assessment of the progress made to- each Federal research agency shall issue a pol-
search and development award, of supporting
wards achieving the purposes specified in sub- icy utilizing the guidelines under subsection (b).
(e) CONSISTENCY.—The Director of the Office documentation, including copies of contracts,
section (c) based on the metrics developed under grants, or any other agreement specific to for-
subsection (g); of Science and Technology Policy shall ensure
that the policies issued by the Federal research eign appointments, employment with a foreign
‘‘(2) the short-term and long-term metrics used institution, participation in a foreign talent re-
to determine the success of the program under agencies under subsection (d) are consistent to
the greatest extent practicable. cruitment program and other information re-
subsection (g), and any changes recommended ported as current and pending support for all
to the metrics used; SEC. 10632. MALIGN FOREIGN TALENT RECRUIT-
MENT PROGRAM PROHIBITION. covered individuals in a research and develop-
‘‘(3) the regional clean energy innovation ment award application;
partnerships established or supported by covered (a) IN GENERAL.—Not later than 24 months
after the date of enactment of this Act, each (2) require such institution of higher edu-
consortia that have received grants under sub- cation or other organization to review any docu-
section (d); and Federal research agency shall establish a policy
that, as part of a proposal for a research and ments requested under paragraph (1) for compli-
‘‘(4) any recommendations on how the pro- ance with the Federal research agency’s award
gram may be improved. development award from the agency—
(1) each covered individual listed in such pro- terms and conditions, including guidance on
‘‘(k) NATIONAL LABORATORIES.—In supporting conflicts of interest and conflicts of commitment;
technology transfer activities at the National posal certify that each such individual is not a
party to a malign foreign talent recruitment pro- and
Laboratories, the Secretary shall encourage (3) upon receipt and review of the information
partnerships with entities that are located in gram in the proposal submission of each such
individual and annually thereafter for the du- provided under paragraph (1) and in consulta-
the same region or State as the National Lab- tion with the institution of higher education or
oratory. ration of the award; and
(2) each institution of higher education or other organization submitting such information,
‘‘(l) SECURITY.—In carrying out the activities initiate the substitution or removal of a covered
under this section, the Secretary shall ensure other organization applying for such an award
certify that each covered individual who is em- individual from a research and development
proper security controls are in place to protect award, reduce the award funding amount, or
sensitive information, as appropriate. ployed by such institution of higher education
or other organization has been made aware of suspend or terminate the award if the agency
‘‘(m) NO FUNDS FOR CONSTRUCTION.—No head determines such contracts, grants, or
funds provided to the Department of Energy the requirements under this section and com-
plied with the requirement under paragraph (1). agreements include obligations that—
under this section shall be used for construc- (A) interfere with the capacity for agency-
tion. (b) STAKEHOLDER INPUT.—In establishing a
policy under subsection (a), Federal research supported activities to be carried out; or
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—
agencies shall publish a description of the pro- (B) create duplication with agency-supported
There are authorized to be appropriated to the
posed policy in the Federal Register and provide activities.
Secretary to carry out this section $50,000,000 for
an opportunity for submission of public com- (b) LIMITATIONS.—In exercising the authori-
each of fiscal years 2023 through 2027.’’. ties under subsection (a), each Federal research
ment for a period of not more than 60 days.
Subtitle D—Research Security (c) COMPLIANCE WITH EXISTING LAW.—Each agency shall—
SEC. 10631. REQUIREMENTS FOR FOREIGN TAL- Federal research agency and recipient shall (1) take necessary steps, as practicable, to pro-
ENT RECRUITMENT PROGRAMS. comply with title VI of the Civil Rights Act of tect the privacy of all covered individuals and
(a) PURPOSE.—The purpose of this subtitle is 1964 (42 U.S.C. 2000d et seq.) in the establish- other parties specified in the documentation
to direct actions to prohibit participation in any ment of policies pursuant to under subsection submitted under paragraph (1) of such sub-
foreign talent recruitment program by personnel (a). section;
of Federal research agencies and to prohibit (d) INTERNATIONAL COLLABORATION.—Each (2) endeavor to provide justification for re-
participation in a malign foreign talent recruit- policy developed under subsection (a) shall not quests for supporting documentation made
ment program by covered individuals involved prohibit, unless such activities are funded, orga- under such paragraph;
with research and development awards from nized, or managed by an academic institution or (3) require that allegations be proven by a pre-
those agencies. a foreign talent recruitment program on the lists ponderance of evidence; and
(b) GUIDANCE.—Not later than 180 days after developed under paragraphs (8) and (9) of sec- (4) as practicable, afford subjects an oppor-
the date of the enactment of this Act, the Direc- tion 1286(c) of the John S. McCain National De- tunity to provide comments and rebuttal and an
tor of the Office of Science and Technology Pol- fense Authorization Act for Fiscal Year 2019 (10 opportunity to appeal before final administra-
icy, in coordination with the interagency work- U.S.C. 4001 note; Public Law 115–232)— tive action is taken.
ing group established under section 1746 of the (1) making scholarly presentations and pub- SEC. 10634. RESEARCH SECURITY TRAINING RE-
National Defense Authorization Act for Fiscal lishing written materials regarding scientific in- QUIREMENT FOR FEDERAL RE-
Year 2020 (42 U.S.C. 6601 note; Public Law 116– formation not otherwise controlled under cur- SEARCH AWARD PERSONNEL.
92), shall publish and widely distribute a uni- rent law; (a) ANNUAL TRAINING REQUIREMENT.—
form set of guidelines for Federal research agen- (2) participation in international conferences (1) IN GENERAL.—Not later than 12 months
cies regarding foreign talent recruitment pro- or other international exchanges, research after the date of the enactment of this Act, each
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grams. Such policy guidelines shall— projects or programs that involve open and re- Federal research agency shall establish a re-
(1) prohibit all personnel of each Federal re- ciprocal exchange of scientific information, and quirement that, as part of an application for a
search agency, including Federal employees, which are aimed at advancing international sci- research and development award from the agen-
contract employees, independent contractors, in- entific understanding and not otherwise con- cy—
dividuals serving under the Intergovernmental trolled under current law; (A) each covered individual listed on the ap-
Personnel Act of 1970 (42 U.S.C. 4701 et seq), (3) advising a foreign student enrolled at an plication for a research and development award
Visiting Scientist, Engineering, and Educator institution of higher education or writing a rec- certify that each such individual has completed
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H7352 CONGRESSIONAL RECORD — HOUSE July 28, 2022
within one year of such application research se- (b) STUDY.—The Comptroller General of the ple’s Republic of China, the Democratic People’s
curity training that meets the guidelines devel- United States shall conduct a study on Federal Republic of Korea, the Russian Federation, the
oped under subsection (b); and funding made available to foreign entities of Islamic Republic of Iran, or any other country
(B) each institution of higher education or concern for research, during the study period. determined to be a country of concern by the
other organization applying for such an award (c) MATTERS TO BE INCLUDED.—The study Secretary of State.
certify that each covered individual who is em- conducted under subsection (b) shall include, to (3) FOREIGN ENTITY OF CONCERN.—The term
ployed by such institution or organization and the extent practicable with respect to the study ‘‘foreign entity of concern’’ means a foreign en-
listed on the application has completed such period, an assessment of— tity that is—
training. (1) the total amount of Federal funding made (A) designated as a foreign terrorist organiza-
(2) CONSISTENCY.—The Director of the Office available to foreign entities of concern for re- tion by the Secretary of State under section
of Science and Technology Policy shall ensure search; 219(a) of the Immigration and Nationality Act (8
that the training requirements established by (2) the total number and types of foreign enti- U.S.C. 1189(a));
Federal research agencies pursuant to para- ties of concern to which such funding was made (B) included on the list of specially designated
graph (1) are consistent. available; nationals and blocked persons maintained by
(b) TRAINING GUIDELINES.—The Director of (3) the requirements relating to the awarding, the Office of Foreign Assets Control of the De-
the Office of Science and Technology Policy, tracking, and monitoring of such funding; partment of the Treasury (commonly known as
acting through the National Science and Tech- (4) any other data available with respect to the SDN list);
nology Council and in accordance with the au- Federal funding made available to foreign enti- (C) owned by, controlled by, or subject to the
thority provided under section 1746(a) of the Na- ties of concern for research; and jurisdiction or direction of a government of a
tional Defense Authorization Act for Fiscal (5) such other matters as the Comptroller Gen- foreign country that is a covered nation (as
Year 2020 (Public Law 116–92; 42 U.S.C. 6601 eral of the United States determines appro- such term is defined in section 4872 of title 10,
note), shall, taking into consideration stake- priate. United States Code);
holder input, develop guidelines for institutions (d) BRIEFING ON AVAILABLE DATA.—Not later (D) alleged by the Attorney General to have
of higher education and other organizations re- than 120 days after the date of the enactment of been involved in activities for which a convic-
ceiving Federal research and development funds this Act, the Comptroller General of the United tion was obtained under—
to use in developing their own training pro- States shall brief the Committee on Commerce, (i) chapter 37 of title 18, United States Code
grams to address the unique needs, challenges, Science, and Transportation, the Committee on (commonly known as the Espionage Act);
and risk profiles of such institutions and other (ii) section 951 or 1030 of title 18, United States
Health, Education, Labor, and Pensions, and
organizations, including adoption of security Code;
the Committee on Foreign Relations of the Sen-
training modules developed under subsection (iii) chapter 90 of title 18, United States Code
ate and the Committee on Science, Space, and (commonly known as the Economic Espionage
(c), to ensure compliance with National Security Technology, the Committee on Energy and Com-
Presidential Memorandum–33 (relating to Act of 1996);
merce, and the Committee on Foreign Affairs of (iv) the Arms Export Control Act (22 U.S.C.
strengthening protections of the United States the House of Representatives on the study con- 2751 et seq.);
Government-supported research and develop- ducted under subsection (b) and the data that is (v) section 224, 225, 226, 227, or 236 of the
ment against foreign government interference available with respect to Federal funding made Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275,
and exploitation) or any successor documents. available to foreign entities of concern for re- 2276, 2277, and 2284);
(c) SECURITY TRAINING MODULES.— search. (vi) the Export Control Reform Act of 2018 (50
(1) IN GENERAL.—Not later than 90 days after (e) REPORT.—The Comptroller General of the U.S.C. 4801 et seq.); or
the date of the enactment of this Act, the Direc- United States shall submit to the congressional (vii) the International Emergency Economic
tor of the Office of Science and Technology Pol- committees specified in subsection (d), by a date Powers Act (50 U.S.C. 1701 et seq.); or
icy, in coordination with the Director of the Na- agreed upon by the Comptroller General and the (E) determined by the Secretary of Commerce,
tional Science Foundation, the Director of the committees on the date of the briefing under in consultation with the Secretary of Defense
National Institutes of Health, the Secretary of such subsection, a report on the findings of the and the Director of National Intelligence, to be
Energy, and the Secretary of Defense, and in study conducted under subsection (b). engaged in unauthorized conduct that is detri-
consultation with the heads of relevant Federal SEC. 10636. PERSON OR ENTITY OF CONCERN mental to the national security or foreign policy
research agencies, shall enter into an agreement PROHIBITION. of the United States.
or contract with a qualified entity for the devel- No person published on the list under section (4) MALIGN FOREIGN TALENT RECRUITMENT
opment of online research security training 1237(b) of the Strom Thurmond National De- PROGRAM.—The term ‘‘malign foreign talent re-
modules for the research community and partici- fense Authorization Act for Fiscal Year 1999 cruitment program’’ means—
pants in the United States research and devel- (Public Law 105–261; 50 U.S.C. 1701 note) or en- (A) any program, position, or activity that in-
opment enterprise to ensure compliance with tity identified under section 1260h of the William cludes compensation in the form of cash, in-
National Security Presidential Memorandum–33 M. (Mac) Thornberry National Defense Author- kind compensation, including research funding,
or successor documents, including modules— ization Act for Fiscal Year 2021 (10 U.S.C. 113 promised future compensation, complimentary
(A) focused on cybersecurity, international note; Public Law 116–283) may receive or partici- foreign travel, things of non de minimis value,
collaboration and international travel, foreign honorific titles, career advancement opportuni-
pate in any grant, award, program, support, or
interference, and rules for proper use of funds, ties, or other types of remuneration or consider-
other activity under—
disclosure, conflict of commitment, and conflict (1) the Directorate established in subtitle G of ation directly provided by a foreign country at
of interest; and title III of this division; any level (national, provincial, or local) or their
(B) tailored to the unique needs of— (2) section 28(b)(1) of the Stevenson-Wydler designee, or an entity based in, funded by, or
(i) covered individuals; affiliated with a foreign country, whether or not
(ii) undergraduate students, graduate stu- Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.), as added by section 10621; or directly sponsored by the foreign country, to the
dents, and postdoctoral researchers; and targeted individual, whether directly or indi-
(iii) applicants for awards under the SBIR (3) the Manufacturing USA Program, as im-
proved and expanded under subtitle E of title II rectly stated in the arrangement, contract, or
and STTR programs (as such terms are defined other documentation at issue, in exchange for
in section 9(e) of the Small Business Act (15 of this division.
SEC. 10637. NONDISCRIMINATION.
the individual—
U.S.C. 638(e)). (i) engaging in the unauthorized transfer of
(2) STAKEHOLDER INPUT.—Prior to entering In carrying out requirements under this sub- intellectual property, materials, data products,
into the agreement under paragraph (1), the Di- title, each Federal research agency shall ensure or other nonpublic information owned by a
rector of the Office of Science and Technology that policies and activities developed and imple- United States entity or developed with a Federal
Policy shall seek input from academic, private mented pursuant to this subtitle are carried out research and development award to the govern-
sector, intelligence, and law enforcement stake- in a manner that does not target, stigmatize, or ment of a foreign country or an entity based in,
holders regarding the scope and content of secu- discriminate against individuals on the basis of funded by, or affiliated with a foreign country
rity training modules, including the diversity of race, ethnicity, or national origin, consistent regardless of whether that government or entity
needs across institutions of higher education with title VI of the Civil Rights Act of 1964 (42 provided support for the development of the in-
and other recipients of different sizes and types, U.S.C. 2000d et seq.). tellectual property, materials, or data products;
and recommendations for minimizing adminis- SEC. 10638. DEFINITIONS. (ii) being required to recruit trainees or re-
trative burden on recipients and researchers. In this subtitle: searchers to enroll in such program, position, or
(3) DEVELOPMENT.—The Director of the Office (1) COVERED INDIVIDUAL.—The term ‘‘covered activity;
of Science and Technology Policy shall ensure individual’’ means an individual who— (iii) establishing a laboratory or company, ac-
that the entity referred to in paragraph (1)— (A) contributes in a substantive, meaningful cepting a faculty position, or undertaking any
(A) develops security training modules that way to the scientific development or execution other employment or appointment in a foreign
can be adapted and utilized across Federal re- of a research and development project proposed country or with an entity based in, funded by,
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search agencies; and to be carried out with a research and develop- or affiliated with a foreign country if such ac-
(B) develops and implements a plan for regu- ment award from a Federal research agency; tivities are in violation of the standard terms
larly updating such modules as needed. and and conditions of a Federal research and devel-
SEC. 10635. RESEARCH FUNDS ACCOUNTING. (B) is designated as a covered individual by opment award;
(a) STUDY PERIOD DEFINED.—In this section the Federal research agency concerned. (iv) being unable to terminate the foreign tal-
the term ‘‘study period’’ means the 5-year period (2) FOREIGN COUNTRY OF CONCERN.—The term ent recruitment program contract or agreement
ending on the date of the enactment of this Act. ‘‘foreign country of concern’’ means the Peo- except in extraordinary circumstances;
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7353
(v) through funding or effort related to the period at the end and inserting ‘‘and changes in (5) by redesignating subsection (c) as sub-
foreign talent recruitment program, being lim- the water chemistry of the Earth’s oceans, section (e); and
ited in the capacity to carry out a research and coastal estuaries, marine waterways, and Great (6) by inserting after subsection (b) the fol-
development award or required to engage in Lakes caused by carbon dioxide from the atmos- lowing:
work that would result in substantial overlap or phere and the breakdown of organic matter’’; ‘‘(c) ADVISORY BOARD.—
duplication with a Federal research and devel- (2) in paragraph (3), by striking ‘‘Joint Sub- ‘‘(1) ESTABLISHMENT.—The Chair of the Sub-
opment award; committee on Ocean Science and Technology of committee shall establish an Ocean Acidification
(vi) being required to apply for and success- the National Science and Technology Council’’ Advisory Board.
fully receive funding from the sponsoring for- and inserting ‘‘National Science and Tech- ‘‘(2) DUTIES.—The Advisory Board shall—
eign government’s funding agencies with the nology Council Subcommittee on Ocean Science ‘‘(A) maintain a process for reviewing and
sponsoring foreign organization as the recipient; and Technology’’; making recommendations to the Subcommittee
(vii) being required to omit acknowledgment of (3) by redesignating paragraphs (1), (2), and on—
the recipient institution with which the indi- (3) as paragraphs (2), (3), and (4), respectively; ‘‘(i) the biennial report specified in subsection
vidual is affiliated, or the Federal research (4) by inserting before paragraph (2), as so re- (d)(2); and
agency sponsoring the research and develop- designated, the following: ‘‘(ii) the strategic research plan in subsection
ment award, contrary to the institutional poli- ‘‘(1) COASTAL ACIDIFICATION.—The term (d)(3);
cies or standard terms and conditions of the ‘coastal acidification’ means the decrease in pH ‘‘(B) provide ongoing advice to the Sub-
Federal research and development award; and changes in the water chemistry of coastal committee and the interagency working group
(viii) being required to not disclose to the Fed- oceans, estuaries, and Great Lakes from atmos- on matters related to Federal activities on ocean
eral research agency or employing institution pheric pollution, freshwater inputs, and excess and coastal acidification, including impacts and
the participation of such individual in such pro- nutrient run-off from land.’’; and mitigation of ocean and coastal acidification;
gram, position, or activity; or (5) by adding at the end the following: and
(ix) having a conflict of interest or conflict of ‘‘(5) STATE.—The term ‘State’ means each ‘‘(C) advise the Subcommittee and the inter-
commitment contrary to the standard terms and State of the United States, the District of Co- agency working group on—
conditions of the Federal research and develop- lumbia, the Commonwealth of Puerto Rico, ‘‘(i) efforts to coordinate research and moni-
ment award; and American Samoa, Guam, the Commonwealth of toring activities related to ocean acidification
(B) a program that is sponsored by— the Northern Mariana Islands, the Virgin Is- and coastal acidification; and
(i) a foreign country of concern or an entity lands of the United States, and any other terri- ‘‘(ii) the best practices for the standards devel-
based in a foreign country of concern, whether tory or possession of the United States.’’. oped for data archiving under section 12406(d).
or not directly sponsored by the foreign country ‘‘(3) MEMBERSHIP.—The Advisory Board shall
SEC. 10644. INTERAGENCY WORKING GROUP.
of concern; consist of 25 members as follows:
Section 12404 of the Federal Ocean Acidifica- ‘‘(A) Two representatives of the shellfish, lob-
(ii) an academic institution on the list devel-
tion Research and Monitoring Act of 2009 (33 ster, or crab industry.
oped under section 1286(c)(8) of the John S.
U.S.C. 3703) is amended— ‘‘(B) One representative of the finfish indus-
McCain National Defense Authorization Act for
(1) in the heading, by striking ‘‘SUB- try.
Fiscal Year 2019 (10 U.S.C. 2358 note; Public
COMMITTEE’’ and inserting ‘‘WORKING GROUP’’;
Law 115–232); or ‘‘(C) One representative of seafood processors.
(2) in subsection (a)— ‘‘(D) Three representatives from academia, in-
(iii) a foreign talent recruitment program on
(A) in paragraph (1), by striking ‘‘Joint Sub- cluding both natural and social sciences.
the list developed under section 1286(c)(9) of the
committee on Ocean Science and Technology of ‘‘(E) One representative of recreational fish-
John S. McCain National Defense Authorization
the National Science and Technology Council ing.
Act for Fiscal Year 2019 (10 U.S.C. 2358 note;
shall coordinate Federal activities on ocean ‘‘(F) One representative of a relevant non-
Public Law 115–232).
acidification and establish’’ and insert ‘‘Sub- governmental organization.
Subtitle E—Coastal and Ocean Acidification committee shall coordinate Federal activities on
Research and Innovation ‘‘(G) Six representatives from relevant State
ocean and coastal acidification and establish and local governments with policy or regulatory
SEC. 10641. SHORT TITLE. and maintain’’; authorities related to ocean acidification and
This subtitle may be cited as the ‘‘Coastal and (B) in paragraph (2), by striking ‘‘Wildlife coastal acidification.
Ocean Acidification Research and Innovation Service,’’ and inserting ‘‘Wildlife Service, the ‘‘(H) One representative from the Alaska
Act of 2021’’. Bureau of Ocean Energy Management, the En- Ocean Acidification Network or a subsequent
SEC. 10642. PURPOSES. vironmental Protection Agency, the Department entity that represents the same geographical re-
(a) IN GENERAL.—Section 12402(a) of the Fed- of Agriculture, the Department of State, the De- gion and has a similar purpose.
eral Ocean Acidification Research and Moni- partment of Energy, the Department of the ‘‘(I) One representative from the California
toring Act of 2009 (33 U.S.C. 3701(a)) is amend- Navy, the National Park Service, the Bureau of Current Acidification Network or a subsequent
ed— Indian Affairs, the National Institute of Stand- entity that represents the same geographical re-
(1) in paragraph (1)— ards and Technology, the Smithsonian Institu- gion and has a similar purpose.
(A) in the matter preceding subparagraph (A), tion,’’; and ‘‘(J) One representative from the Northeast
by striking ‘‘development and coordination’’ (C) in paragraph (3), in the heading, by strik- Coastal Acidification Network or a subsequent
and inserting ‘‘development coordination and ing ‘‘CHAIRMAN’’ and inserting ‘‘CHAIR’’; entity that represents the same geographical re-
implementation’’; (3) in subsection (b)— gion and has a similar purpose.
(B) in subparagraph (A), by striking ‘‘acidifi- (A) in paragraph (2)— ‘‘(K) One representative from the Southeast
cation on marine organisms’’ and inserting (i) in subparagraph (A), by inserting ‘‘and Coastal Acidification Network or a subsequent
‘‘acidification and coastal acidification on ma- coastal acidification’’ after ‘‘ocean acidifica- entity that represents the same geographical re-
rine organisms’’; and tion’’; and gion and has a similar purpose.
(C) in subparagraph (B), by striking ‘‘estab- (ii) in subparagraph (B), by inserting ‘‘and ‘‘(L) One representative from the Gulf of Mex-
lish’’ and all that follows through the semicolon coastal acidification’’ after ‘‘ocean acidifica- ico Coastal Acidification Network or a subse-
and inserting ‘‘maintain and advise an inter- tion’’; quent entity that represents the same geo-
agency research, monitoring, and public out- (B) in paragraph (4), by striking ‘‘; and’’ and graphical region and has a similar purpose.
reach program on ocean acidification and coast- inserting a semicolon; and ‘‘(M) One representative from the Mid-Atlan-
al acidification;’’; (C) in paragraph (5)— tic Coastal Acidification Network or a subse-
(2) in paragraph (2), by striking ‘‘establish- (i) by inserting ‘‘, and contribute to as appro- quent entity that represents the same geo-
ment’’ and inserting ‘‘maintenance’’; priate,’’ after ‘‘designate’’; graphical region and has a similar purpose.
(3) in paragraph (3), by inserting ‘‘and coastal (ii) by striking ‘‘developed’’ and inserting ‘‘(N) One representative from the Pacific Is-
acidification’’ after ‘‘ocean acidification’’; and ‘‘and coastal acidification developed’’; and lands Ocean Observing System or a subsequent
(4) in paragraph (4), by striking ‘‘techniques (iii) by striking the period at the end and in- entity that represents the island territories and
for’’ and all that follows through the period and serting ‘‘and coastal acidification; and’’. possessions of the United States in the Pacific
inserting ‘‘mitigating the impacts of ocean and (4) in subsection (c)— Ocean, and the State of Hawaii and has a simi-
coastal acidification and related co-stressors on (A) in paragraph (2)— lar purpose.
marine ecosystems.’’. (i) by inserting ‘‘until 2032’’ after ‘‘every 2 ‘‘(O) One representative from the Caribbean
(b) TECHNICAL AND CONFORMING AMEND- years thereafter’’; Regional Association for Coastal Ocean Observ-
MENT.—Section 12402 of the Federal Ocean (ii) by inserting ‘‘, and to the Office of Man- ing or a subsequent entity that represents Puer-
Acidification Research and Monitoring Act of agement and Budget,’’ after ‘‘House of Rep- to Rico and the United States Virgin Islands
2009 (33 U.S.C. 3701(a)) is amended by striking resentatives’’; and and has a similar purpose.
‘‘(a) PURPOSES.—’’.
dlhill on DSK120RN23PROD with HOUSE
(iii) in subparagraph (B), by striking ‘‘the ‘‘(P) One representative from the National
SEC. 10643. DEFINITIONS. interagency research’’ and inserting ‘‘inter- Oceanic and Atmospheric Administration Olym-
Section 12403 of the Federal Ocean Acidifica- agency strategic research’’; pic Coast Ocean Acidification Sentinel Site or a
tion Research and Monitoring Act of 2009 (33 (B) in paragraph (3), by inserting ‘‘until 2031’’ subsequent entity that represents the same geo-
U.S.C. 3702) is amended— after ‘‘at least once every 5 years’’; and graphical representation.
(1) in paragraph (1), by striking ‘‘of the (C) in paragraph (4), by inserting ‘‘until 2032’’ ‘‘(Q) One representative from the National
Earth’s oceans’’ and all that follows before the after ‘‘and every 6 years thereafter’’; Oceanic and Atmospheric Administration shall
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H7354 CONGRESSIONAL RECORD — HOUSE July 28, 2022
serve as an ex-officio member of the Advisory SEC. 10645. STRATEGIC RESEARCH PLAN. (H) in paragraph (9), by striking ‘‘and’’ at the
Board without a vote. Section 12405 of the Federal Ocean Acidifica- end
‘‘(4) APPOINTMENT OF MEMBERS.—The Chair tion Research and Monitoring Act of 2009 (33 (I) in paragraph (10), by striking the period at
of the Subcommittee shall— U.S.C. 3704) is amended— the end and inserting a semicolon; and
‘‘(A) appoint members to the Advisory Board (1) in subsection (a)— (J) by adding at the end the following:
(taking into account the geographical interests (A) by striking ‘‘acidification’’ each place it ‘‘(11) describe monitoring needs necessary to
of each individual to be appointed as a member appears and inserting ‘‘acidification and coastal support potentially affected industry members,
of the Advisory Board to ensure that an appro- acidification’’; coastal stakeholders, fishery management coun-
priate balance of geographical interests are rep- (B) in the first sentence— cils and commissions, Tribal governments, non-
resented by the members of the Advisory Board) (i) by inserting ‘‘, and not later than every 5 Federal resource managers, and scientific ex-
who— years following the publication of each subse- perts on decision-making and adaptation related
‘‘(i) represent the interest group for which quent strategic research plan until 2035’’ after to ocean acidification and coastal acidification;
each seat is designated; ‘‘the date of enactment of this Act’’; and
‘‘(ii) demonstrate expertise on ocean acidifica- (ii) by inserting ‘‘address the socioeconomic ‘‘(12) describe the extent to which the Sub-
tion or coastal acidification and its scientific, impacts of ocean acidification and coastal acidi- committee incorporated feedback from the Advi-
economic, industry, cultural, and community fication and to’’ after ‘‘mitigation strategies to’’; sory Board established in section 12404(c).’’;
and (3) in subsection (c)—
impacts; and (A) in paragraph (1)(C), by striking ‘‘sur-
‘‘(iii) have a record of distinguished service (iii) by striking ‘‘marine ecosystems’’ each
place it appears and inserting ‘‘ecosystems’’; face’’;
with respect to ocean acidification or coastal (B) in paragraph (2), by inserting ‘‘and coast-
acidification, and such impacts; and
(C) in the second sentence, by striking ‘‘Na- al acidification’’ after ‘‘ocean acidification’’
‘‘(B) give consideration to nominations and each place it appears;
tional Academy of Sciences in the review of the
recommendations from the members of the inter- (C) in paragraph (3)—
plan required under subsection (d)’’, and insert-
agency working group and the public for such (i) by striking ‘‘input, and’’ and inserting ‘‘in-
ing ‘‘Advisory Board established in section
appointments; and puts,’’;
12404(c)’’;
‘‘(C) ensure that an appropriate balance of (ii) by inserting ‘‘, marine food webs,’’ after
(2) in subsection (b)—
scientific, industry, State and local resource (A) in paragraph (1), by inserting ‘‘and social ‘‘marine ecosystems’’; and
managers, and geographical interests are rep- (iii) by inserting ‘‘, and modeling that sup-
sciences’’ after ‘‘among the ocean sciences’’;
resented by the members of the Advisory Board. (B) in paragraph (2)— ports fisheries management’’ after ‘‘marine or-
‘‘(5) TERM OF MEMBERSHIP.—Each member of (i) in subparagraph (B)— ganisms’’;
the Advisory Board— (I) by striking ‘‘improve the ability to assess (D) in paragraph (5), by inserting ‘‘and coast-
‘‘(A) shall be appointed for a 5-year term; and the’’ and inserting ‘‘assess the short-term and al acidification’’ after ‘‘ocean acidification’’;
‘‘(B) may be appointed to no more than two long-term’’; and and
terms. (II) by striking ‘‘; and’’ at the end and insert- (E) by adding at the end the following new
‘‘(6) CHAIR.—The Chair of the Subcommittee ing a semicolon; paragraph:
shall appoint one member of the Advisory Board ‘‘(8) Research to understand related and cu-
(ii) by amending subparagraph (C) to read as
to serve as the Chair of the Advisory Board. mulative stressors and other biogeochemical
follows:
‘‘(7) MEETINGS.—Not less than once each cal- ‘‘(C) provide information for the development processes occurring in conjunction with ocean
endar year, the Advisory Board shall meet at of adaptation and mitigation strategies to ad- acidification and coastal acidification.’’; and
(4) by striking subsections (d) and (e) and in-
such times and places as may be designated by dress—
serting the following:
the Chair of the Advisory Board, in consulta- ‘‘(i) socioeconomic impacts of ocean acidifica-
‘‘(d) PUBLICATION.—Concurrent with the sub-
tion with the Chair of the Subcommittee and the tion and coastal acidification;
mission of the plan to Congress, the Sub-
Chair of the interagency working group. ‘‘(ii) conservation of marine organisms and
committee shall publish the plan on a public
‘‘(8) BRIEFING.—The Chair of the Advisory ecosystems;
website.’’.
Board shall brief the Subcommittee and the ‘‘(iii) assessment of the effectiveness of such
SEC. 10646. NOAA OCEAN ACIDIFICATION ACTIVI-
interagency working group on the progress of adaptation and mitigation strategies; and’’; and
TIES.
the Advisory Board as necessary or at the re- (iii) by adding at the end the following new
Section 12406 of the Federal Ocean Acidifica-
quest of the Subcommittee. subparagraph:
‘‘(D) improve research on— tion Research and Monitoring Act of 2009 (33
‘‘(9) TRIBAL GOVERNMENT ENGAGEMENT AND U.S.C. 3705) is amended—
COORDINATION.— ‘‘(i) ocean acidification and coastal acidifica-
(1) in subsection (a)—
‘‘(A) IN GENERAL.—The Advisory Board shall tion;
(A) in the matter preceding paragraph (1), by
maintain mechanisms for coordination, and en- ‘‘(ii) the interactions between and effects of
inserting ‘‘coordination,’’ after ‘‘research, moni-
gagement with Tribal governments. ocean and coastal acidification and multiple
toring,’’;
‘‘(i) RULE OF CONSTRUCTION.—Nothing in sub- combined stressors including changes in water (B) in paragraph (1)—
paragraph (A) may be construed as affecting chemistry, changes in sediment delivery, hy- (i) in subparagraph (B), by inserting ‘‘includ-
any requirement to consult with Indian Tribes poxia, and harmful algal blooms, on ocean ing leveraging, as appropriate, the Integrated
under Executive Order 13175 (25 U.S.C. 5301 acidification and coastal acidification; and Ocean Observing System and the ocean observ-
note; relating to consultation and coordination ‘‘(iii) the effect or effects of clauses (i) and (ii) ing assets of other Federal, State, and Tribal
with Tribal governments) or any other applica- on marine resources and ecosystems;’’; agencies,’’ after ‘‘ocean observing assets,’’;
ble law or policy. (C) in paragraph (3)— (ii) by redesignating subparagraphs (C), (D),
(i) in subparagraph (F), by striking ‘‘database (E), and (F) as subparagraphs (E), (G), (H), and
‘‘(10) FEDERAL ADVISORY COMMITTEE ACT.—
development’’ and inserting ‘‘data manage- (I), respectively;
Section 14 of the Federal Advisory Committee
ment’’; (iii) by inserting after subparagraph (B) the
Act shall not apply to the Advisory Board for 10
(ii) in subparagraph (H) by striking ‘‘and’’ at following new subparagraphs:
years from the date of enactment of this Act.
the end; and ‘‘(C) prioritization of the location of moni-
‘‘(d) PRIZE COMPETITIONS.—
(iii) by adding at the end the following new toring instruments, assets, and projects to maxi-
‘‘(1) IN GENERAL.—Any Federal agency with a subparagraphs:
representative serving on the interagency work- mize the efficiency of resources and agency and
‘‘(J) assessment of adaptation and mitigation department missions;
ing group established under this section may, ei- strategies; and
ther individually or in cooperation with one or ‘‘(D) an optimization of understanding of so-
‘‘(K) education and outreach activities;’’; cioeconomic impacts and ecosystem health’’.
more agencies, carry out a program to award (D) in paragraph (4), by striking ‘‘set forth’’ (iv) in subparagraph (E), as so redesignated,
prizes competitively under section 24 of the Ste- and inserting ‘‘ensure an appropriate balance of by striking ‘‘adaptation’’ and inserting ‘‘adap-
venson-Wydler Technology Innovation Act of contribution in establishing’’; tation and mitigation’’;
1980 (15 U.S.C. 3719). An agency seeking to (E) in paragraph (5), by striking ‘‘reports’’ (v) by inserting after subparagraph (E), as so
carry out such a program shall carry out such and inserting ‘‘the best available peer-reviewed redesignated, the following new subparagraph:
program in coordination with the chair of such scientific reports’’; ‘‘(F) technical assistance to socioeconomically
interagency working group. (F) in paragraph (6)— vulnerable States, local governments, Tribal
‘‘(2) PURPOSES.—Any prize competition car- (i) by inserting ‘‘and coastal acidification’’ governments, communities, and industries im-
ried out under this subsection shall be for the after ‘‘ocean acidification’’; and pacted by ocean and coastal acidification to
purpose of stimulating innovation to advance (ii) by striking ‘‘of the United States’’ and in- support their development of ocean and coastal
our Nation’s ability to understand, research, or serting ‘‘within the United States’’; acidification mitigation strategies;’’.
monitor ocean acidification or its impacts, or to (G) in paragraph (8)— (vi) in subparagraph (H), as so redesignated—
dlhill on DSK120RN23PROD with HOUSE
develop management or adaptation options for (i) by inserting ‘‘and coastal acidification’’ (I) by striking ‘‘its impacts’’ and inserting
responding to ocean and coastal acidification. after ‘‘ocean acidification’’ each place it ap- ‘‘their respective impacts’’;
‘‘(3) PRIORITY PROGRAMS.—Priority shall be pears; (II) by striking ‘‘and’’ at the end;
given to establishing programs under this sec- (ii) by striking ‘‘its’’ and inserting ‘‘their’’; (vii) in subparagraph (I), as so redesignated—
tion that address communities, environments, or and (I) by striking ‘‘monitoring and impacts re-
industries that are in distress due to the impacts (iii) by striking ‘‘; and’’ at the end and insert- search’’ and inserting ‘‘research, monitoring,
of ocean and coastal acidification.’’. ing a semicolon; and adaptation and mitigation strategies’’; and
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7355
(II) by striking the period at the end and in- (B) in paragraph (3), by striking ‘‘and its im- (9) The Secretary of Agriculture.
serting a semicolon; and pacts’’ and inserting ‘‘and their respective im- (10) The Director of National Intelligence.
(viii) by adding at the end the following new pacts’’; (11) The Director of the Federal Bureau of In-
subparagraphs: (C) in paragraph (4), by striking the period at vestigation.
‘‘(J) research to improve understanding of— the end and inserting ‘‘; and’’; and (12) Such other Federal officials as the Direc-
‘‘(i) the impact of ocean acidification and (D) by adding at the end the following new tor of the Office of Science and Technology Pol-
coastal acidification; and paragraph: icy considers appropriate, including members of
‘‘(ii) how multiple environmental stressors ‘‘(5) adaptation and mitigation strategies to the National Science and Technology Council
may contribute to and exacerbate ocean and address socioeconomic effects of ocean acidifica- Committee on Technology.
coastal acidification on living marine resources tion and coastal acidification.’’; and (c) COORDINATION.—The interagency working
and coastal ecosystems; and (3) by adding at the end the following: group shall seek to ensure that the activities of
‘‘(K) research to support the development of ‘‘(d) REQUIREMENT.—Recipients of grants from different Federal agencies enhance and com-
adaptation and mitigation strategies to address the National Science Foundation under this plement, but, as appropriate, do not duplicate,
the socioeconomic impacts of ocean and coastal subtitle that collect data described under section efforts being carried out by another Federal
acidification on coastal communities;’’; 12406(d) shall— agency, with a focus on the following:
(C) in paragraph (2), by striking ‘‘critical re- ‘‘(1) collect data in accordance with the (1) The activities of the National Science
search projects that explore’’ and inserting standards, protocols, or procedures established Foundation Technology, Innovation, and Part-
‘‘critical research, education, and outreach pursuant to section 12406(d); and nerships Directorate in the key technology focus
projects that explore and communicate’’; and ‘‘(2) submit such data to the Director and the areas, such as within the Regional Innovation
(D) in paragraphs (1) and (2), by striking Secretary after publication, in accordance with Engines under section 10388 and test beds under
‘‘acidification’’ each place it appears and in- any rules promulgated by the Director or the section 10390.
serting ‘‘acidification and coastal acidifica- Secretary.’’. (2) The activities of the Department of Com-
tion’’; and merce under this division, including regional
SEC. 10648. NASA OCEAN ACIDIFICATION ACTIVI-
(2) by adding at the end the following new TIES.
technology hubs under section 28 of the Steven-
subsections: son-Wydler Act of 1980 (15 U.S.C. 13701 et seq.),
‘‘(c) RELATIONSHIP TO INTERAGENCY WORKING Section 12408 of the Federal Ocean Acidifica-
as added by section 10621, the Manufacturing
GROUP.—The National Oceanic and Atmos- tion Research and Monitoring Act of 2009 (33
USA Program established under section 34(b)(1)
pheric Administration shall serve as the lead U.S.C. 3707) is amended—
of the National Institute of Standards and
(1) by striking ‘‘ocean acidification’’ each
Federal agency responsible for coordinating the Technology Act (15 U.S.C. 278s(b)(1)), and the
place it appears and inserting ‘‘ocean acidifica-
Federal response to ocean and coastal acidifica- Hollings Manufacturing Extension Partnership
tion and coastal acidification’’;
tion. The Administration may enter into Memo- (15 U.S.C. 278k).
(2) in subsection (a), by striking ‘‘its impacts’’
randa of Understanding to— (3) The activities of the Department of Energy
‘‘(1) coordinate monitoring and research ef- and inserting ‘‘their respective impacts’’; and
in the key technology focus areas, including at
forts among Federal agencies in cooperation (3) by adding at the end the following new
the national laboratories, and at Federal lab-
with State, local, and Tribal governments and subsection:
oratories, as defined in section 4 of the Steven-
‘‘(d) REQUIREMENT.—Researchers from the
international partners; this may include anal- son-Wydler Technology Innovation Act of 1980
National Aeronautics and Space Administration
ysis and synthesis of the results of monitoring (15 U.S.C. 3703), and facilities and user facilities
under this subtitle that collect data described
and research; operated in partnership with such national lab-
‘‘(2) maintain an Ocean Acidification Infor- under section 12406(d) shall—
oratories or the Department of Energy.
mation Exchange described under section ‘‘(1) collect such data in accordance with the
(4) Any other program that the Director of the
12404(b)(5) to allow for information to be elec- standards, protocols, or procedures established
Office of Science and Technology Policy deter-
tronically accessible, including information— pursuant to section 12406(d); and
mines involves research and development with
‘‘(A) on ocean acidification developed through ‘‘(2) submit such data to the Administrator
respect to the key technology focus areas.
or used by the ocean acidification program de- and the Secretary, in accordance with any rules (d) REPORT.—The interagency working group
scribed under subsection (a); or promulgated by the Administrator or the Sec- shall—
‘‘(B) that would be useful to State govern- retary.’’. (1) by not later than 180 days after the date
ments, local governments, Tribal governments, SEC. 10649. AUTHORIZATION OF APPROPRIA- of enactment of this division—
resource managers, policymakers, researchers, TIONS. (A) conduct an initial review of Federal pro-
and other stakeholders in mitigating or adapt- Section 12409 of the Federal Ocean Acidifica- grams and resources with respect to the key
ing to the impacts of ocean acidification and tion Research and Monitoring Act of 2009 (33 technology focus areas identified pursuant to
coastal acidification; and U.S.C. 3708) is amended— section 10387(a)(2), in order to—
‘‘(3) establishing and maintaining the data ar- (1) in subsection (a), by striking ‘‘subtitle—’’ (i) assess current level of efforts and charac-
chive system under subsection (d). and all that follows through paragraph (4) and terize existing research infrastructure, as of the
‘‘(d) DATA ARCHIVE SYSTEM.— inserting the following: ‘‘subtitle— date of the review;
‘‘(1) IN GENERAL.—The Secretary, in coordina- ‘‘(1) $20,500,000 for fiscal year 2023; (ii) identify potential areas of overlap or du-
tion with the members of the interagency work- ‘‘(2) $22,000,000 for fiscal year 2024; plication with respect to the key technology
ing group, shall support the long-term steward- ‘‘(3) $24,000,000 for fiscal year 2025; focus areas; and
ship of, and access to, data relating to ocean ‘‘(4) $26,000,000 for fiscal year 2026; and (iii) identify potential cross-agency collabora-
and coastal acidification through providing the ‘‘(5) $28,000,000 for fiscal year 2027.’’; and tions and joint funding opportunities; and
data on a publicly accessible data archive sys- (2) in subsection (b), by striking ‘‘subtitle—’’ (B) submit a report regarding the review de-
tem. To the extent possible, this data archive and all that follows through paragraph (4) and scribed in subparagraph (A) to Congress; and
system shall collect and provide access to ocean inserting the following: ‘‘subtitle, $20,000,000 for (C) seek stakeholder input and recommenda-
and coastal acidification data— each of the fiscal years 2023 through 2027.’’. tions in the course of such review; and
‘‘(A) from relevant federally funded research; (2) shall carry out the annual reviews and up-
Subtitle F—Interagency Working Group
‘‘(B) provided by a Federal, State, or local dates required under section 10387(e).
SEC. 10651. INTERAGENCY WORKING GROUP. (e) CONFLICTS.—If any conflicts between Fed-
government, academic scientist, citizen scientist,
or industry organization; (a) ESTABLISHMENT.—The Director of the Of- eral agencies arise while carrying out the activi-
‘‘(C) voluntarily submitted by Tribes or Tribal fice of Science and Technology Policy, acting ties under this section, the President shall make
governments; and through the National Science and Technology the final decision regarding resolution of the
‘‘(D) from existing global or national data as- Council, shall establish or designate an inter- conflict.
sets that are currently maintained within Fed- agency working group to coordinate the activi- Subtitle G—Quantum Networking and
eral agencies. ties specified in subsection (c). Communications
‘‘(2) DATA STANDARDS.—The Secretary to, the (b) COMPOSITION.—The interagency working SEC. 10661. QUANTUM NETWORKING AND COMMU-
extent possible, shall ensure all such data ad- group shall be composed of the following mem- NICATIONS.
heres to data and metadata standards to sup- bers (or their designees), who may be organized (a) DEFINITIONS.—In this section:
port the public findability, accessibility, inter- into subcommittees, as appropriate: (1) DIRECTOR.—The term ‘‘Director’’ means
operability, and reusability of such data.’’. (1) The Secretary of Commerce. the Director of the National Science Founda-
SEC. 10647. NSF OCEAN ACIDIFICATION ACTIVI- (2) The Director of the National Science Foun- tion.
TIES. dation. (2) APPROPRIATE COMMITTEES OF CONGRESS.—
Section 12407 of the Federal Ocean Acidifica- (3) The Secretary of Energy. The term ‘‘appropriate committees of Congress’’
tion Research and Monitoring Act of 2009 (33 (4) The Secretary of Defense. has the meaning given such term in section 2 of
U.S.C. 3706) is amended— (5) The Director of the National Economic the National Quantum Initiative Act (15 U.S.C.
dlhill on DSK120RN23PROD with HOUSE
(1) by striking ‘‘ocean acidification’’ each Council. 8801).
place it appears and inserting ‘‘ocean acidifica- (6) The Director of the Office of Management (3) Q2WORK PROGRAM.—The term ‘‘Q2Work
tion and coastal acidification’’; and Budget. Program’’ means the Q2Work Program sup-
(2) in subsection (a)— (7) The Secretary of Health and Human Serv- ported by the Foundation.
(A) in the matter preceding paragraph (1), by ices. (b) QUANTUM NETWORKING WORKING GROUP
striking ‘‘its impacts’’ and inserting ‘‘their re- (8) The Administrator of the National Aero- REPORT ON QUANTUM NETWORKING AND COMMU-
spective impacts’’; nautics and Space Administration. NICATIONS.—
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H7356 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(1) REPORT.—Section 103 of the National serted pursuant to the amendments made by ‘‘(B) Methods for strengthening foundational
Quantum Initiative Act (15 U.S.C. 8813) is paragraph (1) of this subsection) $15,000,000 for mathematics and science curricula.
amended by adding the following at the end the each of fiscal years 2023 through 2027. ‘‘(C) Methods for integrating students who are
following new subsection: (d) QUANTUM INFORMATION SCIENCE WORK- underserved or historically underrepresented
‘‘(h) REPORT ON QUANTUM NETWORKING AND FORCE EVALUATION AND ACCELERATION.— groups in STEM.
COMMUNICATIONS.— (1) IN GENERAL.—Not later than 180 days after ‘‘(D) Age-appropriate materials that apply the
‘‘(1) IN GENERAL.—Not later than January 1, the date of the enactment of this Act, the Direc- principles of quantum information science in
2026, the Quantum Networking Working Group tor shall enter into an agreement with the Na- STEM fields.
within the Subcommittee on Quantum Informa- tional Academies of Sciences, Engineering, and ‘‘(E) Recommendations for the standardiza-
tion Science of the National Science and Tech- Medicine to conduct a study to evaluate and tion of key concepts, definitions, and cur-
nology Council, in coordination with the Sub- make recommendations for the quantum infor- riculum criteria across government, academia,
committee on the Economic and Security Impli- mation science workforce. The study shall— and industry.
cations of Quantum Information Science, shall (A) characterize the quantum information ‘‘(F) Materials that specifically address the
submit to the appropriate committees of Con- science workforce, including by— findings and outcomes of the study to evaluate
gress a report detailing a plan for the advance- (i) describing what constitutes a quantum in- and make recommendations for the quantum in-
ment of quantum networking and communica- formation science qualified worker across sec- formation science workforce pursuant to sub-
tions technology in the United States, building tors, including academia, the Federal Govern- section (d) of section 10661 of the Research and
on the report entitled A Strategic Vision for ment, and industry; and Development, Competition, and Innovation Act
America’s Quantum Networks and A Coordi- (ii) describing the size and makeup of the and strategies to account for the skills and
nated Approach for Quantum Networking Re- quantum information science workforce, includ- workforce needs identified through such study.
search. ing an assessment of current and future trends; ‘‘(3) COORDINATION.—In carrying out this sub-
‘‘(2) REQUIREMENTS.—The report under para- (B) identify near- and long-term quantum in- section, the Director shall coordinate with rel-
graph (1) shall include the following: formation science workforce needs across gov- evant Federal agencies, and consult with non-
‘‘(A) An update to the report entitled Coordi- ernment, academia, and industry sectors, in- governmental entities with expertise in QISE, as
nated Approach to Quantum Networking Re- cluding identifying the cross-disciplinary aca- appropriate, which may include institutions eli-
search Report focusing on a framework for demic degrees or academic courses necessary gible to participate in the Established Program
interagency collaboration regarding the ad- to— to Stimulate Competitive Research (EPSCoR).
vancement of quantum networking and commu- (i) prepare students for multiple career path- ‘‘(4) DEFINITION.—In this subsection, the term
nications research. ways in quantum information sciences and re- ‘STEM’ means the academic and professional
‘‘(B) A plan for Federal Government partner- lated fields; disciplines of science, technology, engineering,
ship with the private sector and interagency col- (ii) ensure the United States is competitive in and mathematics, including computer science.’’.
the field of quantum information science while (f) QUANTUM EDUCATION PILOT PROGRAM.—
laboration regarding engagement in inter-
(1) IN GENERAL.—Not later than one year after
national standards for quantum networking and preserving national security; and
the date of the enactment of this Act, the Direc-
communications technology, including a list of (iii) support the development of quantum ap-
tor, building on the National Science Founda-
Federal priorities for standards relating to such plications;
(C) assess the state of quantum information tion’s role in the National Q–12 Education Part-
networking and technology.
science education and skills training at all edu- nership and programs such as Q2Work Program,
‘‘(C) A proposal for the protection of national
cation levels and identify gaps in meeting cur- shall make awards to institutions of higher edu-
security interests relating to the advancement of
rent and future workforce needs, including with cation, non-profit organizations, or consortia
quantum networking and communications tech-
respect to— thereof to carry out a pilot program, to be
nology.
(i) elementary, middle, and high-school stu- known as the ‘‘Next Generation Quantum Lead-
‘‘(D) An assessment of the relative position of
dent access to foundational courses, age-appro- ers Pilot Program’’ (in this subsection referred
the United States with respect to other countries
priate quantum concepts, and hands-on learn- to as the ‘‘Program’’), for the education and
in the global race to develop, demonstrate, and
ing opportunities; training of the next generation of students and
utilize quantum networking and communica-
(ii) elementary, middle, and high-school teachers in the fundamental principles of quan-
tions technology.
‘‘(E) Recommendations to Congress for legisla- teacher professional development and access to tum mechanics.
(2) REQUIREMENTS.—
tive action relating to the matters considered resources, materials, lesson plans, modules, and
(A) IN GENERAL.—In carrying out the Pro-
under subparagraphs (A), (B), (C), and (D). curricula;
gram, the Director shall—
‘‘(F) Such other matters as the Quantum Net- (iii) career pivot and skills training opportuni- (i) encourage awardees to coordinate with
work Working Group considers necessary to ad- ties, including professional certificates and in- educational service agencies (as such term ‘‘edu-
vance the security of communications and net- ternships; and cational service agency’’ is defined in section
work infrastructure, remain at the forefront of (iv) higher education curricula, laboratory ex- 602(5) of the Individuals with Disabilities Edu-
scientific discovery in the quantum information periences in academia, the Federal Government, cation Improvement Act of 2004 (20 U.S.C.
science domain, and transition quantum infor- and industry settings, and cross-discipline de- 1401(5))), associations that support STEM edu-
mation science research into the emerging quan- gree programs aligned with workforce needs; cators or local educational agencies, and part-
tum technology economy.’’. and nerships through the Q–12 Education Partner-
(c) QUANTUM NETWORKING AND COMMUNICA- (D) make recommendations for developing a
ship, to encourage elementary schools, middle
TIONS RESEARCH AND STANDARDIZATION.— diverse, flexible, and sustainable quantum infor-
schools, and secondary schools, and State edu-
(1) RESEARCH.—Subsection (a) of section 201 mation science workforce that meets the evolv-
cational agencies to participate in the Program;
of the National Quantum Initiative Act (15 ing needs of academia, the Federal Government, (ii) require that awardees partner with ele-
U.S.C. 8831) is amended by— and industry. mentary schools, middle schools, or secondary
(A) redesignating paragraphs (3) and (4) as (2) REPORT.—Not later than two years after schools, or consortia thereof, and State edu-
paragraphs (6) and (7), respectively; and the date of the enactment of this Act, the Na- cational agencies, to carry out activities under
(B) inserting after paragraph (2) the following tional Academies of Science, Engineering, and the Program;
new paragraphs: Medicine shall submit to Congress and the Di- (B) USE OF FUNDS.—In carrying out the Pro-
‘‘(3) shall carry out research to facilitate the rector a report containing the results of the gram, the Director shall make competitive,
development and standardization of quantum study conducted pursuant to paragraph (1). merit-reviewed awards to—
cryptography and post-quantum classical cryp- (e) INCORPORATING QISE INTO STEM CUR- (i) support testing, evaluation, dissemination,
tography; RICULUM.— and implementation of age-appropriate quantum
‘‘(4) shall carry out research to facilitate the (1) IN GENERAL.—Section 301 of the National information sciences curricula and resources, in-
development and standardization of quantum Quantum Initiative Act (15 U.S.C. 8841) is cluding the integration of quantum information
networking, communications, and sensing tech- amended by adding the following at the end: science and engineering into the STEM cur-
nologies and applications; ‘‘(d) INCORPORATING QISE INTO STEM CUR- riculum pursuant to subsection (d) of section 301
‘‘(5) for quantum technologies determined by RICULUM.— of the National Quantum Initiative Act (15
the Director of the National Institute of Stand- ‘‘(1) IN GENERAL.—The Director of the Na- U.S.C. 8841), as added by subsection (e);
ards and Technology to be at a readiness level tional Science Foundation shall, through pro- (ii) support opportunities for informal edu-
sufficient for standardization, shall provide grams carried out or supported by the National cation on quantum concepts, including informal
technical review and assistance to such other Science Foundation, seek to increase the inte- hands-on learning opportunities;
Federal agencies as the Director considers ap- gration of quantum information science and en- (iii) support opportunities for students to fur-
propriate for the development of quantum net- gineering (referred to in this subsection as ther explore quantum information science edu-
working infrastructure standards;’’. ‘QISE’) into the STEM curriculum at all edu- cation and related careers;
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(2) AUTHORIZATION OF APPROPRIATIONS.— cation levels, including community colleges, as (iv) develop and implement training, research,
There is authorized to be appropriated to the considered appropriate by the Director. and professional development programs for
Scientific and Technical Research and Services ‘‘(2) CURRICULUM INTEGRATION.—The cur- teachers, including innovative pre-service and
account of the National Institute of Standards riculum integration under paragraph (1) may in-service programs, in quantum information
and Technology to carry out paragraphs (3) include the following: science and related fields; and
through (5) of subsection (a) of section 201 of ‘‘(A) Methods to conceptualize QISE for ele- (v) carry out such other activities as the Di-
the National Quantum Initiative Act (as in- mentary, middle, and high school curricula. rector determines appropriate.
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7357
(C) DISTRIBUTION.—In carrying out the Pro- tribal institution as defined in section 371 of the (i) IN GENERAL.—The Board shall designate
gram and to the extent practicable, the Director Higher Education Act of 1965 (20 U.S.C. 1067q). from among the members of the Board—
shall ensure there is a wide, equitable distribu- (8) NATIONAL LABORATORY.—The term ‘‘Na- (I) an individual to serve as Chair of the
tion of Program participants across diverse geo- tional Laboratory’’ has the meaning given the Board; and
graphic areas and that the Program includes a term in section 2 of the Energy Policy Act of (II) an individual to serve as Vice Chair of the
diverse representation of students, including 2005 (42 U.S.C. 15801). Board.
students from groups historically underrep- (9) SECRETARY.—The term ‘‘Secretary’’ means (ii) TERMS.—The term of service of the Chair
resented in STEM. the Secretary of Energy. and Vice Chair of the Board shall end on the
(3) CONSULTATION.—The Director shall carry (10) TRIBAL COLLEGE OR UNIVERSITY.—The earlier of—
out the Program in consultation with the QIS term ‘‘Tribal College or University’’ has the (I) the date that is 3 years after the date on
Workforce Working Group of the Subcommittee meaning given in section 316 of the Higher Edu- which the Chair or Vice Chair of the Board, as
cation Act of 1965 (20 U.S.C. 1059c). applicable, is designated for the position; and
on Quantum Information Science of the Na-
(II) the last day of the term of service of the
tional Science and Technology Council and the (b) FOUNDATION FOR ENERGY SECURITY AND
member, as determined under subparagraph
Advancing Informal STEM Learning Program. INNOVATION.—
(D)(i), who is designated to be Chair or Vice
(4) REPORTING.—Not later than four years (1) ESTABLISHMENT.—
Chair of the Board, as applicable.
after the date of the enactment of this section, (A) IN GENERAL.—Not later than 180 days (iii) REPRESENTATION.—The Chair and Vice
the Director shall submit to Congress a report after the date of enactment of this Act, the Sec- Chair of the Board—
that includes the following: retary shall establish a nonprofit corporation to (I) shall not be representatives of the same
(A) An assessment, that includes feedback be known as the ‘‘Foundation for Energy Secu- area of subject matter expertise, or entity, as ap-
from a wide range of stakeholders in academia, rity and Innovation’’. plicable, under subparagraph (B)(iii)(II); and
K-12 education, and the private sector, of the ef- (B) MISSION.—The mission of the Foundation (II) shall not be representatives of any area of
fectiveness of the Program in scaling up imple- shall be— subject matter expertise, or entity, as applicable,
mentation of effective quantum education and (i) to support the mission of the Department; represented by the immediately preceding Chair
training innovations. and and Vice Chair of the Board.
(B) If determined to be effective, a plan for in- (ii) to advance collaboration with energy re- (D) TERMS AND VACANCIES.—
tegrating the Program into existing programs, searchers, institutions of higher education, in- (i) TERMS.—
including the feasibility and advisability of ex- dustry, and nonprofit and philanthropic organi- (I) IN GENERAL.—The term of service of each
panding the scope of the Program to include ad- zations to accelerate the commercialization of appointed member of the Board shall be not
ditional technology areas, grade levels, and edu- energy technologies. more than 5 years.
cational institutions beyond those originally se- (C) LIMITATION.—The Foundation shall not be (II) INITIAL APPOINTED MEMBERS.—Of the ini-
lected to participate in the Program. an agency or instrumentality of the Federal tial members of the Board appointed under sub-
(5) AUTHORIZATION OF APPROPRIATIONS.— Government. paragraph (B)(iii)(I), half of the members shall
There are authorized to be appropriated to the (D) TAX-EXEMPT STATUS.—The Board shall serve for 4 years and half of the members shall
Director $8,000,000 for each of fiscal years 2023 take all necessary and appropriate steps to en- serve for 5 years, as determined by the Chair of
through 2026 to carry out this section. sure that the Foundation is an organization the Board.
(6) TERMINATION.—This subsection shall ter- that is described in section 501(c) of the Internal (ii) VACANCIES.—Any vacancy in the member-
minate on the date that is four years after the Revenue Code of 1986 and exempt from taxation ship of the appointed members of the Board—
under section 501(a) of that Code. (I) shall be filled in accordance with the by-
date of the enactment of this Act.
(E) COLLABORATION WITH EXISTING ORGANIZA- laws of the Foundation by an individual capa-
Subtitle H—Blockchain Specialist ble of representing the same area or entity, as
TIONS.—The Secretary may collaborate with 1 or
SEC. 10671. ESTABLISHMENT OF BLOCKCHAIN
more organizations to establish the Foundation applicable, as represented by the vacating board
AND CRYPTOCURRENCY SPECIALIST member under subparagraph (B)(iii)(II);
POSITION WITHIN OSTP. and carry out the activities of the Foundation.
(II) shall not affect the power of the remain-
The Director of the Office of Science and (2) BOARD OF DIRECTORS.—
ing appointed members to execute the duties of
Technology Policy shall establish or designate a (A) ESTABLISHMENT.—The Foundation shall
the Board; and
blockchain and cryptocurrencies advisory spe- be governed by a Board of Directors. (III) shall be filled by an individual selected
cialist position within the Office to coordinate (B) COMPOSITION.— by the Board.
(i) IN GENERAL.—The Board shall be composed (E) MEETINGS; QUORUM.—
Federal activities and advise the President on
of the ex officio nonvoting members described in (i) INITIAL MEETING.—Not later than 60 days
matters of research and development relating to
clause (ii) and the appointed voting members de- after the Board is established, the Secretary
blockchain, cryptocurrencies, and distributed
scribed in clause (iii). shall convene a meeting of the ex officio and ap-
ledger technologies.
(ii) EX OFFICIO MEMBERS.—The ex officio pointed members of the Board to incorporate the
Subtitle I—Partnerships for Energy Security members of the Board shall be the following in- Foundation.
and Innovation dividuals or designees of those individuals: (ii) QUORUM.—A majority of the appointed
SEC. 10691. FOUNDATION FOR ENERGY SECURITY (I) The Secretary. members of the Board shall constitute a quorum
AND INNOVATION. (II) The Under Secretary for Science. for purposes of conducting the business of the
(a) DEFINITIONS.—In this section: (III) The Under Secretary for Nuclear Secu- Board.
(1) BOARD.—The term ‘‘Board’’ means the rity. (F) DUTIES.—The Board shall—
Board of Directors described in subsection (IV) The Chief Commercialization Officer. (i) establish bylaws for the Foundation in ac-
(b)(2)(A). (iii) APPOINTED MEMBERS.— cordance with subparagraph (G);
(2) DEPARTMENT.—The term ‘‘Department’’ (I) INITIAL MEMBERS.—The Secretary and the (ii) provide overall direction for the activities
means the Department of Energy. other ex officio members of the Board shall— of the Foundation and establish priority activi-
(3) EXECUTIVE DIRECTOR.—The term ‘‘Execu- (aa) seek to enter into an agreement with the ties;
tive Director’’ means the Executive Director de- National Academies of Sciences, Engineering, (iii) carry out any other necessary activities of
scribed in subsection (b)(5)(A). and Medicine to develop a list of individuals to the Foundation;
(4) FOUNDATION.—The term ‘‘Foundation’’ serve as members of the Board who are well- (iv) evaluate the performance of the Executive
means the Foundation for Energy Security and qualified and will meet the requirements of sub- Director; and
Innovation established under subsection (b)(1). (v) actively solicit and accept funds, gifts,
clauses (II) and (III); and
(5) HISTORICALLY BLACK COLLEGE OR UNIVER- (bb) appoint the initial members of the Board grants, devises, or bequests of real or personal
SITY.—The term ‘‘historically Black college or from that list, if applicable, in consultation with property to the Foundation, including from pri-
university’’ has the meaning given the term the National Academies of Sciences, Engineer- vate entities.
(G) BYLAWS.—
‘‘part B institution’’ in section 322 of the Higher ing, and Medicine. (i) IN GENERAL.—The bylaws established
Education Act of 1965 (20 U.S.C. 1061). (II) REPRESENTATION.—The appointed mem- under subparagraph (F)(i) may include—
(6) INDIVIDUAL LABORATORY-ASSOCIATED bers of the Board shall reflect a broad cross-sec- (I) policies for the selection of Board members,
FOUNDATION.—The term ‘‘Individual Labora- tion of stakeholders from academia, National officers, employees, agents, and contractors of
tory-Associated Foundation’’ means a Labora- Laboratories, industry, nonprofit organizations, the Foundation;
tory Foundation established by an operating State or local governments, the investment com- (II) policies, including ethical standards, for—
contractor of a National Laboratory. munity, and the philanthropic community. (aa) the acceptance, solicitation, and disposi-
(7) MINORITY-SERVING INSTITUTION.—The term (III) EXPERIENCE.—The Secretary shall ensure tion of donations and grants to the Foundation,
‘‘minority serving institution’’ means a His- that a majority of the appointed members of the including appropriate limits on the ability of do-
panic-serving institution as defined in section Board— nors to designate, by stipulation or restriction,
502 of the Higher Education Act of 1965 (20 (aa)(AA) has experience in the energy sector; the use or recipient of donated funds; and
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U.S.C. 1101a), an Alaska Native-serving institu- (BB) has research experience in the energy (bb) the disposition of assets of the Founda-
tion and a Native Hawaiian-serving institution field; or tion;
as defined in section in 317 of the Higher Edu- (CC) has experience in technology commer- (III) policies that subject all employees, fel-
cation Act of 1965 (20 U.S.C. 1059d), or a Pre- cialization or foundation operations; and lows, trainees, and other agents of the Founda-
dominantly Black Institution, Asian American (bb) to the extent practicable, represents di- tion (including ex officio and appointed mem-
and Native American Pacific Islander-serving verse regions, sectors, and communities. bers of the Board) to conflict of interest stand-
institution, or a Native American-serving non- (C) CHAIR AND VICE CHAIR.— ards; and
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H7358 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(IV) the specific duties of the Executive Direc- tion, or commercialization of energy and other (i) to conduct and support forums, meetings,
tor. Department-supported technologies. conferences, courses, and training workshops
(ii) REQUIREMENTS.—The Board shall ensure (ii) FORM OF AWARD.—A fellowship or grant consistent with the purposes of the Foundation
that the bylaws of the Foundation and the ac- under clause (i) may consist of a stipend, health described in paragraph (3);
tivities carried out under those bylaws shall insurance benefits, funds for travel, and funds (ii) to support and encourage the under-
not— for other appropriate expenses. standing and development of data that promotes
(I) reflect unfavorably on the ability of the (iii) SELECTION.—In selecting a recipient for a the translation of technologies from the research
Foundation to carry out activities in a fair and fellowship or grant under clause (i), the Foun- stage, through the development and maturation
objective manner; or dation— stage, and ending in the market stage;
(II) compromise, or appear to compromise, the (I) shall make the selection based on the tech- (iii) for writing, editing, printing, publishing,
integrity of any governmental agency or pro- nical and commercialization merits of the pro- and vending books and other materials relating
gram, or any officer or employee employed by, posed project of the potential recipient; and to research carried out under the Foundation
or involved in, a governmental agency or pro- (II) may consult with a potential recipient re- and the Department; and
gram. garding the ability of the potential recipient to (iv) to conduct other activities to carry out
(H) COMPENSATION.— carry out various projects that would further and support the purposes of the Foundation de-
(i) IN GENERAL.—No member of the Board the purposes of the Foundation described in scribed in paragraph (3).
shall receive compensation for serving on the paragraph (3). (I) EVALUATIONS.—The Foundation shall sup-
Board. (iv) NATIONAL LABORATORIES.—A National port the development of an evaluation method-
(ii) CERTAIN EXPENSES.—In accordance with Laboratory that applies for or accepts an award ology, to be used as part of any program sup-
the bylaws of the Foundation, members of the under clause (i) shall not be considered to be en- ported by the Foundation, that shall—
Board may be reimbursed for travel expenses, gaging in a competitive process. (i) consist of qualitative and quantitative
including per diem in lieu of subsistence, and (C) ACCESSING FACILITIES AND EXPERTISE.— metrics; and
other necessary expenses incurred in carrying The Foundation may work with the Depart- (ii) include periodic third party evaluation of
out the duties of the Board. ment— those programs and other activities of the Foun-
(I) RESTRICTION ON MEMBERSHIP.—No em- (i) to leverage the capabilities and facilities of dation.
ployee of the Department shall be appointed as National Laboratories to commercialize tech- (J) COMMUNICATIONS.—The Foundation shall
a member of the Board of Directors. nology; and develop an expertise in communications to pro-
(3) PURPOSES.—The purposes of the Founda- (ii) to assist with resources, including by pro- mote the work of grant and fellowship recipients
tion are— viding information on the assets of each Na- under subparagraph (B), the commercialization
(A) to support the Department in carrying out tional Laboratory that may enable the deploy- successes of the Foundation, opportunities for
the mission of the Department to ensure the se- ment and commercialization of technology. partnership with the Foundation, and other ac-
curity and prosperity of the United States by (D) TRAINING AND EDUCATION.—The Founda- tivities.
addressing energy and environmental challenges tion may support programs that provide training (K) SOLICITATION AND USE OF FUNDS.—The
through transformative science and technology to researchers, scientists, other relevant per- Foundation may solicit and accept gifts, grants,
solutions; and sonnel at National Laboratories and institutions and other donations, establish accounts, and in-
(B) to increase private and philanthropic sec- of higher education, and previous or current re- vest and expend funds in support of the activi-
tor investments that support efforts to create, cipients of or applicants for Department funding ties and programs of the Foundation.
characterize, develop, test, validate, and deploy (L) AUTHORITY OF THE FOUNDATION.—The
to help research, develop, demonstrate, deploy,
or commercialize innovative technologies that Foundation shall be the sole entity responsible
and commercialize federally funded technology.
address crosscutting national energy challenges, (E) MATURATION FUNDING.—The Foundation for carrying out the activities described in this
including those affecting minority, rural, and shall support programs that provide maturation paragraph.
(5) ADMINISTRATION.—
other underserved communities, by methods that funding to researchers to advance the tech- (A) EXECUTIVE DIRECTOR.—The Board shall
include— nology of those researchers for the purpose of hire an Executive Director of the Foundation,
(i) fostering collaboration and partnerships moving products from a prototype stage to a who shall serve at the pleasure of the Board.
with researchers from the Federal Government, commercial stage. Subject to the compliance with the policies and
State governments, institutions of higher edu- (F) STAKEHOLDER ENGAGEMENT.—The Foun-
bylaws established pursuant to paragraph
cation, including historically Black colleges or dation shall convene, and may consult with,
(2)(G), the Executive Director shall be respon-
universities, Tribal Colleges or Universities, and representatives from the Department, institu-
sible for the daily operations of the Foundation
minority-serving institutions, federally funded tions of higher education, National Labora-
in carrying the activities described in paragraph
research and development centers, industry, and tories, the private sector, and commercialization
(4).
nonprofit organizations for the research, devel- organizations to develop programs for the pur- (B) COMPENSATION.—The rate of compensa-
opment, or commercialization of transformative poses of the Foundation described in paragraph tion of the Executive Director shall be fixed by
energy and associated technologies; (3) and to advance the activities of the Founda- the Board.
(ii) strengthening and sharing best practices tion. (C) ADMINISTRATIVE CONTROL.—No member of
relating to regional economic development (G) INDIVIDUAL AND FEDERAL LABORATORY-AS- the Board, officer or employee of the Founda-
through scientific and energy innovation, in- SOCIATED FOUNDATIONS.— tion or of any program established by the Foun-
cluding in partnership with an Individual Lab- (i) DEFINITION OF COVERED FOUNDATION.—In dation, or participant in a program established
oratory-Associated Foundation; this subparagraph, the term ‘‘covered founda- by the Foundation, shall exercise administrative
(iii) promoting new product development that tion’’ means each of the following: control over any Federal employee.
supports job creation; (I) An Individual Laboratory- Associated (D) STRATEGIC PLAN.—Not later than 1 year
(iv) administering prize competitions— Foundation. after the date of enactment of this Act, the
(I) to accelerate private sector competition and (II) A Federal Laboratory- Associated Foun- Foundation shall submit to the Committee on
investment; and dation established pursuant to subsection (c)(1). Energy and Natural Resources of the Senate
(II) that complement the use of prize author- (ii) SUPPORT.—The Foundation shall provide and the Committee on Science, Space, and Tech-
ity by the Department; support to and collaborate with covered founda- nology of the House of Representatives a stra-
(v) supporting programs that advance tech- tions. tegic plan that contains—
nology maturation, especially where there may (iii) GUIDELINES AND TEMPLATES.—For the (i) a plan for the Foundation to become finan-
be gaps in Federal or private funding in ad- purpose of providing support under clause (ii), cially self-sustaining in fiscal year 2023 and
vancing a technology to deployment or commer- the Secretary shall establish suggested guide- thereafter (except for the amounts provided each
cialization from the prototype stage to a com- lines and templates for covered foundations, in- fiscal year under paragraph (11)(A)(iii));
mercial stage; cluding— (ii) a forecast of major crosscutting energy
(vi) supporting efforts to broaden participa- (I) a standard adaptable organizational de- challenge opportunities, including short- and
tion in energy technology development among sign for responsible management; long-term objectives, identified by the Board,
individuals from historically underrepresented (II) standard and legally tenable bylaws and with input from communities representing the
groups or regions; and money-handling procedures; and entities and areas of subject matter expertise, as
(vii) facilitating access to Department facili- (III) a standard training curriculum to orient applicable, described in paragraph
ties, equipment, and expertise to assist in tack- and expand the operating expertise of personnel (2)(B)(iii)(II);
ling national challenges. employed by covered foundations. (iii) a description of the efforts that the Foun-
(4) ACTIVITIES.— (iv) AFFILIATIONS.—Nothing in this subpara- dation will take to be transparent in the proc-
(A) STUDIES, COMPETITIONS, AND PROJECTS.— graph requires— esses of the Foundation, including processes re-
The Foundation may conduct and support stud- (I) an existing Individual Laboratory-Associ- lating to—
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ies, competitions, projects, and other activities ated Foundation to modify current practices or (I) grant awards, including selection, review,
that further the purposes of the Foundation de- affiliate with the Foundation; or and notification;
scribed in paragraph (3). (II) a covered foundation to be bound by char- (II) communication of past, current, and fu-
(B) FELLOWSHIPS AND GRANTS.— ter or corporate bylaws as permanently affili- ture research priorities; and
(i) IN GENERAL.—The Foundation may award ated with the Foundation. (III) solicitation of and response to public
fellowships and grants for activities relating to (H) SUPPLEMENTAL PROGRAMS.—The Founda- input on the opportunities identified under
research, development, demonstration, matura- tion may carry out supplemental programs— clause (ii);
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7359
(iv) a description of the financial goals and an organization or other entity with which the be subject to all applicable Federal limitations
benchmarks of the Foundation for the following individual is negotiating employment. relating to federally funded research.
10 years; (J) INTELLECTUAL PROPERTY.—The Board (11) AUTHORIZATION OF APPROPRIATIONS.—
(v) a description of the efforts undertaken by shall adopt written standards to govern the (A) IN GENERAL.—There is authorized to be
the Foundation to engage historically underrep- ownership and licensing of any intellectual appropriated—
resented groups or regions, including through property rights developed by the Foundation or (i) not less than $1,500,000 shall be for the Sec-
collaborations with historically Black colleges derived from the collaborative efforts of the retary for fiscal year 2023 to establish the Foun-
and universities, Tribal Colleges or Universities, Foundation. dation;
minority-serving institutions, and minority- (K) LIABILITY.— (ii) not less than $30,000,000 shall be for the
owned and women-owned business, and; (i) IN GENERAL.—The United States shall not Foundation for fiscal year 2024 to carry out the
(vi) a description of the efforts undertaken by be liable for any debts, defaults, acts, or omis- activities of the Foundation; and
the Foundation to ensure maximum sions of— (iii) not less than $3,000,000 shall be for the
complementarity and minimum redundancy with (I) the Foundation; Foundation for each of the fiscal years 2025
investments made by the Department. (II) a Federal entity with respect to an agree- through 2027 for administrative and operational
(E) ANNUAL REPORT.—Not later than 1 year ment of that Federal entity with the Founda- costs.
after the date on which the Foundation is estab- tion; or (B) LIMITATION.—None of the funds author-
lished, and every years thereafter, the Founda- (III) an Individual Laboratory- Associated ized to be appropriated to the Secretary by sub-
tion shall submit to the Committee on Energy Foundation with respect to an agreement of paragraph (A)(i) of this paragraph shall be used
and Natural Resources of the Senate, the Com- that Federal entity with the Foundation. for construction.
mittee on Science, Space, and Technology of the (ii) FULL FAITH AND CREDIT.—The full faith (C) COST SHARE.—Funds made available
House of Representatives, and the Secretary a and credit of the United States shall not extend under subparagraph (A)(ii) shall be required to
report that, for the year covered by the report— to any obligations of the Foundation. be cost- shared by a partner of the Foundation
(L) NONAPPLICABILITY OF FACA.—The Federal other than the Department or a National Lab-
(i) describes the activities of the Foundation
Advisory Committee Act (5 U.S.C. App.) shall oratory.
and the progress of the Foundation in fur-
not apply to the Foundation or an Individual (c) NATIONAL ENERGY TECHNOLOGY LABORA-
thering the purposes of the Foundation de-
Laboratory-Associated Foundation. TORY-ASSOCIATED FOUNDATION.—
scribed in paragraph (3);
(6) DEPARTMENT COLLABORATION.— (1) ESTABLISHMENT.—
(ii) provides a specific accounting of the (A) NATIONAL LABORATORIES.—The Secretary (A) IN GENERAL.—The National Energy Tech-
source and use of all funds made available to shall collaborate with the Foundation to de- nology Laboratory may establish, or enter into
the Foundation to carry out those activities to velop a process to ensure collaboration and co- an agreement with a nonprofit organization to
ensure transparency in the alignment of Depart- ordination between the Department, the Foun- establish, a Federal Laboratory-Associated
ment missions and policies with national secu- dation, and National Laboratories— Foundation (referred to in this subsection as a
rity; (i) to streamline contracting processes between ‘‘Laboratory Foundation’’) to support the mis-
(iii) describes how the results of the activities National Laboratories and the Foundation, in- sion of the National Energy Technology Labora-
of the Foundation could be incorporated into cluding by— tory.
the procurement processes of the General Serv- (I) streamlining the ability of the Foundation (B) NOT AGENCY OR INSTRUMENTALITY.—A
ices Administration; and to transfer equipment and funds to National Laboratory Foundation shall not be an agency
(iv) includes a summary of each evaluation Laboratories; or instrumentality of the Federal Government.
conducted using the evaluation methodology de- (II) standardizing contract mechanisms to be (C) GOVERNANCE STRUCTURE.—A Laboratory
scribed in paragraph (4)(I). used by the Foundation in engaging with Na- Foundation established under subparagraph (A)
(F) EVALUATION BY COMPTROLLER GENERAL.— tional Laboratories; and shall have a separate governance structure
Not later than 5 years after the date on which (III) streamlining the ability of the Founda- from, and shall be managed independently of,
the Foundation is established, the Comptroller tion to fund endowed positions at National Lab- the National Energy Technology Laboratory.
General of the United States shall submit to the oratories; (2) ACTIVITIES.—Activities of a Laboratory
Committee on Energy and Natural Resources of (ii) to allow a National Laboratory or site of Foundation may include—
the Senate and the Committee on Science, a National Laboratory— (A) conducting support studies, competitions,
Space, and Technology of the House of Rep- (I) to accept and perform work for the Foun- projects, research, and other activities that fur-
resentatives— dation, consistent with provided resources, not- ther the purpose of the Laboratory Foundation;
(i) an evaluation of— withstanding any other provision of law gov- (B) carrying out programs to foster collabora-
(I) the extent to which the Foundation is erning the administration, mission, use, or oper- tion and partnership among researchers from
achieving the mission of the Foundation; and ations of the National Laboratory or site, as ap- the Federal Government, State governments, in-
(II) the operation of the Foundation; and plicable; and stitutions of higher education, federally funded
(ii) any recommendations on how the Founda- (II) to perform that work on a basis equal to research and development centers, and industry
tion may be improved. other missions at the National Laboratory; and and nonprofit organizations relating to the re-
(G) AUDITS.—The Foundation shall— (iii) to permit the director of any National search, development, and commercialization of
(i) provide for annual audits of the financial Laboratory or site of a National Laboratory to federally supported technologies;
condition of the Foundation; and enter into a cooperative research and develop- (C) carrying out programs to leverage tech-
(ii) make the audits, and all other records, ment agreement or negotiate a licensing agree- nologies to support new product development
documents, and papers of the Foundation, ment with the Foundation pursuant to section that supports regional economic development;
available to the Secretary and the Comptroller 12 of the Stevenson-Wydler Technology Innova- (D) administering prize competitions—
General of the United States for examination or tion Act of 1980 (15 U.S.C. 3710a). (i) to accelerate private sector competition and
audit. (B) DEPARTMENT LIAISONS.—The Secretary investment; and
(H) SEPARATE FUND ACCOUNTS.—The Board shall appoint liaisons from across the Depart- (ii) that complement the use of prize authority
shall ensure that any funds received under ment to collaborate and coordinate with the by the Department;
paragraph (11)(A) are held in a separate ac- Foundation, including not less than 1 liaison (E) providing fellowships and grants to re-
count from any other funds received by the from the Office of Technology Transitions, who search and development personnel at, or affili-
Foundation. shall ensure that the Foundation works in con- ated with, federally funded centers, in accord-
(I) INTEGRITY.— junction with and does not duplicate existing ance with paragraph (3);
(i) IN GENERAL.—To ensure integrity in the op- activities and programs carried out by the De- (F) carrying out programs—
erations of the Foundation, the Board shall de- partment, including the Technology Commer- (i) that allow scientists from foreign countries
velop and enforce procedures relating to stand- cialization Fund of the Department. to serve in research capacities in the United
ards of conduct, financial disclosure statements, (C) ADMINISTRATION.—The Secretary shall le- States or other countries in association with the
conflicts of interest (including recusal and waiv- verage appropriate arrangements, contracts, National Energy Technology Laboratory;
er rules), audits, and any other matters deter- and directives to carry out the process developed (ii) that provide opportunities for employees of
mined appropriate by the Board. under subparagraph (A). the National Energy Technology Laboratory to
(ii) FINANCIAL CONFLICTS OF INTEREST.—To (7) NATIONAL SECURITY.—Nothing in this sub- serve in research capacities in foreign countries;
mitigate conflicts of interest and risks from ma- section exempts the Foundation from any na- (iii) to conduct studies, projects, or research in
lign foreign influence, any individual who is an tional security policy of the Department. collaboration with national and international
officer, employee, or member of the Board is pro- (8) SUPPORT SERVICES.—The Secretary may nonprofit and for-profit organizations, which
hibited from any participation in deliberations provide facilities, utilities, and support services may include the provision of stipends, travel,
by the Foundation of a matter that would di- to the Foundation if it is determined by the Sec- and other support for personnel;
rectly or predictably affect any financial inter- retary to be advantageous to the research pro- (iv)(I) to hold forums, meetings, conferences,
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est of— grams of the Department. courses, and training workshops that may in-
(I) the individual; (9) PREEMPTION OF AUTHORITY.—This sub- clude undergraduate, graduate, post- graduate,
(II) a relative (as defined in section 109 of the section shall not preempt any authority or re- and post-doctoral accredited courses; and
Ethics in Government Act of 1978 (5 U.S.C. sponsibility of the Secretary under any other (II) for the accreditation of those courses by
App.)) of that individual; or provision of law. the Laboratory Foundation at the State and na-
(III) a business organization or other entity in (10) TRANSFER FUNDS.—The Foundation may tional level for college degrees or continuing
which the individual has an interest, including transfer funds to the Department, which shall education credits;
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H7360 CONGRESSIONAL RECORD — HOUSE July 28, 2022
(v) to support and encourage teachers and other financial assistance arrangement that the (g) RENEWAL.—An award made to a clean en-
students of science at all levels of education; Secretary of Energy determines to be appro- ergy incubator under this section may be re-
(vi) to promote an understanding of science priate. newed for a period of not more than 3 years,
amongst the general public; (6) INSTITUTION OF HIGHER EDUCATION.—The subject to merit review.
(vii) for writing, editing, printing, publishing, term ‘‘institution of higher education’’ has the (h) EVALUATION.—In accordance with section
and vending of relevant books and other mate- meaning given such term in section 101 of the 9007 of division Z of the Consolidated Appro-
rials; and Higher Education Act of 1965, as amended (20 priations Act, 2021 (Public Law 116–260), the
(viii) for the conduct of other activities to U.S.C. 1001). Secretary shall submit to the Committee on
carry out and support the purpose of the Lab- (7) NATIONAL LABORATORY.—The term ‘‘Na- Science, Space, and Technology of the House of
oratory Foundation; and tional Laboratory’’ has the meaning given that Representatives and the Committee on Energy
(G) receiving, administering, soliciting, ac- term in section 2 of the Energy Policy Act of and Natural Resources of the Senate an evalua-
cepting, and using funds, gifts, devises, or be- 2005 (42 U.S.C. 15801). tion of the program established under this sec-
quests, either absolutely or in trust of real or (8) SECRETARY.—The term ‘‘Secretary’’ means tion that includes analyses of the performance
personal property or any income therefrom, or the Secretary of Energy. of the clean energy incubators.
other interest or equity therein for the benefit PART 1—NATIONAL CLEAN ENERGY (i) AUTHORIZATION OF APPROPRIATIONS.—
of, or in connection with, the mission of the ap- TECHNOLOGY TRANSFER PROGRAMS There are authorized to be appropriated to the
plicable Federal laboratory, in accordance with Secretary to carry out this section $15,000,000 for
SEC. 10713. NATIONAL CLEAN ENERGY INCU- each of fiscal years 2023 through 2027.
paragraph (4). BATOR PROGRAM.
(3) FELLOWSHIPS AND GRANTS.— SEC. 10714. CLEAN ENERGY TECHNOLOGY UNI-
(A) SELECTION.—Recipients of fellowships and (a) CLEAN ENERGY INCUBATOR DEFINED.—In VERSITY PRIZE COMPETITION.
grants described in paragraph (2)(E) shall be se- this section, the term ‘‘clean energy incu- (a) DEFINITIONS.—In this section:
lected— bator’’— (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
(i) by a Laboratory Foundation and the do- (1) means any entity that is designed to accel- ty’’ means a nonprofit entity, an institution of
nors to a Laboratory Foundation; erate the commercial application of clean energy higher education, or an entity working with one
(ii) subject to the agreement of the head of the technologies by providing— or more institutions of higher education.
agency the mission of which is supported by a (A) physical workspace, labs, and prototyping (2) MINORITY-SERVING INSTITUTION.—The term
Laboratory Foundation; and facilities to support clean energy startups or es- ‘‘minority-serving institution’’ means an institu-
(iii) in the case of a fellowship, based on the tablished clean energy companies; or tion described in section 371(a) of the Higher
recommendation of the employees of the Na- (B) companies developing such technologies Education Act of 1965 (20 U.S.C. 1067q(a)).
tional Energy Technology Laboratory at which with support, resources, and services, includ- (b) IN GENERAL.—The Secretary shall estab-
the fellow would serve. ing— lish a program, known as the ‘‘Clean Energy
(B) EXPENSES.—Fellowships and grants de- (i) access to business education and coun- Technology University Prize’’, to award funding
scribed in paragraph (2)(E) may include sti- seling; for eligible entities to carry out regional and one
pends, travel, health insurance, benefits, and (ii) mentorship opportunities; and national clean energy technology prize competi-
(iii) other services rendered for the purpose of tions, under section 24 of the Stevenson-Wydler
other appropriate expenses.
(4) GIFTS.—An amount of funds, a gift, a de- aiding the development and commercial applica- Technology Innovation Act of 1980 (15 U.S.C.
vise, or a bequest described in paragraph (2)(G) tion of a clean energy technology; and 3719). In carrying out such prize competitions,
(2) may include a program within or estab- students shall compete to develop a business
may be accepted by a Laboratory Foundation
lished by a National Laboratory, an institution model for furthering the commercial application
regardless of whether it is encumbered, re-
of higher education or a State, territorial, local, of an innovative clean energy technology.
stricted, or subject to a beneficial interest of a
or tribal government. (c) TRAINING FUNDING.—In carrying out this
private person if any current or future interest
(b) PROGRAM ESTABLISHMENT.—Not later than program, the Secretary may provide funding to
of the funds, gift, devise, or bequest is for the
180 days after the enactment of this Act, the train participating students in skills needed for
benefit of the research and development activi-
Secretary, acting through the Chief Commer- the successful commercial application of clean
ties of the National Energy Technology Labora-
cialization Officer established in section 1001(a) energy technologies, including through virtual
tory.
of the Energy Policy Act of 2005 (42 U.S.C. training sessions.
(5) OWNERSHIP BY FEDERAL GOVERNMENT.—A
16391(a)), shall establish a Clean Energy Incu- (d) PRIORITIZATION.—In awarding grants
contribution, gift, or any other transfer made to
bator Program (herein referred to as the ‘‘pro- under this section, the Secretary shall prioritize
or for the use of a Laboratory Foundation shall
gram’’) to competitively award grants to clean awarding grants to eligible entities that work
be regarded as a contribution, gift, or transfer
energy incubators. with students at minority-serving institutions.
to or for the use of the Federal Government. (e) COORDINATION.—In carrying out this pro-
(6) LIABILITY.—The United States shall not be (c) CLEAN ENERGY INCUBATOR SELECTION.—In
awarding grants to clean energy incubators gram, the Secretary shall coordinate and part-
liable for any debts, defaults, acts, or omissions
under subsection (b), the Secretary shall, to the ner with other clean energy technology prize
of a Laboratory Foundation.
maximum extent practicable, prioritize funding competitions. In doing so, the Secretary may de-
(7) TRANSFER OF FUNDS.—Notwithstanding
clean energy incubators that— velop and disseminate best practices for admin-
any other provision of law, a Laboratory Foun-
(1) partner with entities that carry out activi- istering prize competitions under this section.
dation may transfer funds to the National En- (f) REPORT.—In accordance with section 9007
ergy Technology Laboratory and the National ties relevant to the activities of such incubator
and that operate at the local, State, and re- of division Z of the Consolidated Appropriations
Energy Technology Laboratory may accept that Act, 2021 (Public Law 116–260), the Secretary
transfer of funds. gional levels;
(2) support the commercial application activi- shall report annually on the progress and imple-
(8) OTHER LAWS.—This subsection shall not
ties of startup companies focused on physical mentation of the program established under sec-
alter or supersede any other provision of law
hardware, computational, or integrated hard- tion (b).
governing the authority, scope, establishment, (g) EVALUATION.—In accordance with section
or use of nonprofit organizations by a Federal ware and software technologies;
(3) are located in geographically diverse re- 9007 of division Z of the Consolidated Appro-
agency. priations Act, 2021 (Public Law 116–260), the
gions of the United States, such as the Great
Subtitle J—Energizing Technology Transfer Lakes region; Secretary shall submit to the Committee on
SEC. 10701. DEFINITIONS. (4) are located in, or partner with entities lo- Science, Space, and Technology of the House of
In this subtitle: cated in, economically-distressed areas; Representatives and the Committee on Energy
(1) CLEAN ENERGY TECHNOLOGY.—The term (5) support the development of entities focused and Natural Resources of the Senate an evalua-
‘‘clean energy technology’’ means a technology on expanding clean energy tools and tech- tion on the long-term outcomes of the program
that significantly reduces energy use, increases nologies to rural, Tribal, and low-income com- established under this section and the progress
energy efficiency, reduces greenhouse gas emis- munities; towards achieving the purposes of the program
sions, reduces emissions of other pollutants, or (6) support the commercial application of in subsection (b).
mitigates other negative environmental con- technologies being developed by clean energy (h) AUTHORIZATION OF APPROPRIATIONS.—
sequences of energy production, transmission or entrepreneurs from underrepresented back- There are authorized to be appropriated to the
use. grounds; and Secretary to carry out the activities authorized
(2) DEPARTMENT.—The term ‘‘Department’’ (7) have a plan for sustaining activities of the in this section $1,000,000 for each of fiscal years
means the Department of Energy. incubator after grant funds received under this 2023 through 2027.
(3) DIRECTOR.—The term ‘‘Director’’ means program have been expended. SEC. 10715. CLEAN ENERGY TECHNOLOGY TRANS-
the Director of each National Laboratory and (d) AWARD LIMITS.—The Secretary shall not FER COORDINATION.
the Director of each Department of Energy sin- award more than $4,000,000 to one or more incu- (a) IN GENERAL.—The Secretary, acting
gle-purpose research facility. bators in one given State, per fiscal year. through the Chief Commercialization Officer es-
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(4) ECONOMICALLY DISTRESSED AREA.—The (e) DURATION.—Each grant under subsection tablished in section 1001 (a) of the Energy Pol-
term ‘‘economically distressed area’’ has the (b) shall be for a period of no longer than 5 icy Act of 2005 (42 U.S.C. 16391 (a)), shall sup-
meaning described in section 301(a) of the Public years, subject to the availability of appropria- port the coordination of relevant technology
Works and Economic Development Act of 1965 tions. transfer programs that advance the commercial
(42 U.S.C. 3161(a)). (f) USE OF FUNDS.—An entity receiving a application of clean energy technologies nation-
(5) GRANT.—The term ‘‘grant’’ means a grant grant under this section may use grant amounts ally and across all energy sectors. In particular,
award, cooperative agreement award, or any for operating expenses. the Secretary may support activities to—
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July 28, 2022 CONGRESSIONAL RECORD — HOUSE H7361
(1) facilitate the sharing of information on preneurial fellow with regards to professional ‘‘(C) PROGRAM.—The term ‘program’ means
best practices for successful operation of clean development and development of a relevant the program established under paragraph (2).
energy technology transfer programs; technology. ‘‘(D) SMALL BUSINESS CONCERN.—The term
(2) coordinate resources and improve coopera- (f) PARTNERSHIPS.—In carrying out a Lab-Em- ‘small business concern’ has the meaning given
tion among clean energy technology transfer bedded Entrepreneurship Program, a National such term in section 3 of the Small Business Act
programs; Laboratory may partner with an external enti- (15 U.S.C. 632).
(3) facilitate connections between entre- ty, including— ‘‘(2) ESTABLISHMENT.—The Secretary, acting
preneurs and start-up companies and the vari- (1) a nonprofit organization; through the Chief Commercialization Officer ap-
ety of programs related to clean energy tech- (2) an institution of higher education; pointed under section 1001(a), and in consulta-
nology transfer under the Department; and (3) a federally-owned corporation; or tion with the Directors, shall establish a pro-
(4) facilitate the development of metrics to (4) a consortium of 2 or more entities described gram to provide small business concerns with
measure the impact of clean energy technology in paragraphs (1) through (3). vouchers under paragraph (3)—
transfer programs on— (g) METRICS.—The Secretary shall support the ‘‘(A) to achieve the goal described in sub-
(A) advancing the development, demonstra- development of short-term and long-term metrics section (a)(1); and
tion, and commercial application of clean en- to assess the effectiveness of programs receiving ‘‘(B) to improve the products, services, and ca-
ergy technologies; a grant under subsection (a) in achieving the pabilities of small business concerns in the mis-
(B) increasing the competitiveness of United purposes of the program in subsection (a). sion space of the Department.
States in the clean energy sector, including in (h) EVALUATION.—In accordance with section
‘‘(3) VOUCHERS.—Under the program, the Di-
manufacturing; and 9007 of division Z of the Consolidated Appro- rectors are authorized to provide to small busi-
(C) commercial application of clean energy priations Act, 2021 (Public Law 116–260), the ness concerns vouchers to be used at National
technologies being developed by entrepreneurs Secretary shall submit to the Committee on Laboratories and single-purpose research facili-
from under-represented backgrounds. Science, Space, and Technology of the House of ties for—
(b) AUTHORIZATION OF APPROPRIATIONS.— Representatives and the Committee on Energy ‘‘(A) research, development, demonstration,
There are authorized to be appropriated to the and Natural Resources of the Senate an evalua- technology transfer, skills training and work-
Secretary to carry out the activities in this sec- tion of the effectiveness of the programs under force development, or commercial application
tion $3,000,000 for each of fiscal years 2023 subsection (a) based on the metrics developed activities; or
through 2027. pursuant to subsection (g). ‘‘(B) any other activities that the applicable
(i) COORDINATION.—The Secretary shall over-
PART 2—SUPPORTING TECHNOLOGY DE- Director determines appropriate.
see the planning and coordination of grants
VELOPMENT AT THE NATIONAL LABORA- ‘‘(4) EXPEDITED APPROVAL.—The Secretary,
under subsection (a) and shall identify and dis-
TORIES working with the Directors, shall establish a
seminate best practices for achieving the pur-
SEC. 10716. LAB PARTNERING SERVICE PILOT stream-lined approval process for financial as-
poses of subsection (a) to National Laboratories
PROGRAM. sistance agreements signed between—
that receive grants under this section.
Section 9002 of division Z of the Consolidated ‘‘(A) small business concerns selected to re-
(j) INTERAGENCY COLLABORATION.—The Sec-
Appropriations Act, 2021 (Public Law 116–260) is retary shall collaborate with other executive ceive a voucher under the program; and
amended by adding at the end the following: branch agencies, including the Department of ‘‘(B) the National Laboratories and single-
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Defense and other agencies with Federal labora- purpose research facilities.
There are authorized to be appropriated to the tories, regarding opportunities to partner with ‘‘(5) COST-SHARING REQUIREMENT.—In car-
Secretary $2,000,000 for each of fiscal years 2023 rying out the program, the Secretary shall re-
National Laboratories receiving a grant under
through 2025 to carry out subsections (a), (b), quire cost-sharing in accordance with section
subsection (a).
and (c), and $1,700,000 for each of fiscal years (k) AUTHORIZATION OF APPROPRIATIONS.— 988.
2023 through 2025 for National Laboratory em- There are authorized to be appropriated to the ‘‘(6) REPORT.—In accordance with section
ployees to provide services under subsection Secretary to carry out the activities authorized 9007 of division Z of the Consolidated Appro-
(d).’’. in this section $25,000,000 for each of fiscal years priations Act, 2021 (Public Law 116–260), the
SEC. 10717. LAB-EMBEDDED ENTREPRENEURSHIP 2023 through 2027. Secretary shall report annually on the progress
PROGRAM. SEC. 10718. SMALL BUSINESS VOUCHER PRO-
and implementation of the small business vouch-
(a) IN GENERAL.—The Secretary shall competi- GRAM. er program established under this section, in-
tively award grants to National Laboratories for Section 1003 of the Energy Policy Act of 2005 cluding the number and locations of small busi-
the purpose of establishing or supporting Lab- (42 U.S.C. 16393) is amended— nesses that received grants under this pro-
Embedded Entrepreneurship Programs. (1) in subsection (a)— gram.’’; and
(b) PURPOSES.—The purposes of such pro- (A) in the matter preceding paragraph (1), by (4) in subsection (e) (as so redesignated), by
grams are to provide entrepreneurial fellows striking ‘‘, and may require the Director of a striking ‘‘for activities under this section’’ and
with access to National Laboratory research fa- single-purpose research facility,’’ and inserting inserting ‘‘for activities under subsection (b)’’
cilities, National Laboratory expertise, and ‘‘(as defined in section 2) and the Director of and inserting before the period at the end ‘‘and
mentorship to perform research and development each single-purpose research facility’’; for activities under subsection (c) $25,000,000 for
and gain expertise that may be required or bene- (B) in paragraph (1)— each of fiscal years 2023 through 2027’’.
ficial for the commercial application of research (i) by striking ‘‘increase’’ and inserting ‘‘en- SEC. 10719. ENTREPRENEURIAL LEAVE PROGRAM.
ideas. courage’’; and (a) IN GENERAL.—The Secretary shall delegate
(c) ENTREPRENEURIAL FELLOWS.—An entrepre- (ii) by striking ‘‘collaborative research,’’ and to Directors the authority to carry out an entre-
neurial fellow participating in a program de- inserting ‘‘research, development, demonstra- preneurial leave program (referred to in this sec-
scribed in subsection (a) shall be provided tion, and commercial application activities, in- tion as the ‘‘program’’) to allow National Lab-
with— cluding product development,’’; oratory employees to take a full leave of absence
(1) opportunities for entrepreneurial training, (C) in paragraph (2), by striking ‘‘procure- from their position, with the option to return to
professional development, and exposure to lead- ment and collaborative research’’ and inserting that or a comparable position up to 3 years
ers from academia, industry, government, and ‘‘the activities described in paragraph (1)’’; later, or a partial leave of absence, to advance
finance who may serve as advisors to or part- (D) in paragraph (3)— the commercial application of energy and re-
(i) by inserting ‘‘facilities,’’ before ‘‘training’’; lated technologies relevant to the mission of the
ners of the fellow;
and Department.
(2) financial and technical support for re-
(ii) by striking ‘‘procurement and collabo-
search, development, and commercial applica- (b) TERMINATION AUTHORITY.—Directors shall
rative research activities’’ and inserting ‘‘the retain the authority to terminate National Lab-
tion activities;
activities described in paragraph (1)’’; and oratory employees that participate in the pro-
(3) fellowship awards to cover costs of living, (E) in paragraph (5), by striking ‘‘for the pro-
health insurance, and travel stipends for the gram if such employees are found to violate
gram under subsection (b)’’ and inserting ‘‘and
duration of the fellowship; and terms prescribed by the National Laboratory at
metrics for the programs under subsections (b)
(4) any other resources determined appro- which such employee is employed.
and (c)’’;
priate by the Secretary. (c) LICENSING.—To reduce barriers to partici-
(2) by redesignating subsections (c) and (d) as
(d) PROGRAM ACTIVITIES.—Each National pation in the program, the Secretary shall dele-
subsections (d) and (e), respectively;
Laboratory that receives funding under this sec- (3) by inserting after subsection (b) the fol- gate to the Directors the requirement to estab-
tion shall support entrepreneurial fellows by lowing: lish streamlined mechanisms for facilitating the
providing— ‘‘(c) SMALL BUSINESS VOUCHER PROGRAM.— licensing of technology that is the focus of Na-
(1) access to facilities and expertise within the ‘‘(1) DEFINITIONS.—In this subsection: tional Laboratory employees who participate in
National Laboratory; ‘‘(A) DIRECTOR.—The term ‘Director’ means— the program.
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(2) engagement with external stakeholders; ‘‘(i) the Director of each National Laboratory; (d) REPORT.—In accordance with section 9007
and and of division Z of the Consolidated Appropriations
(3) market and customer development opportu- ‘‘(ii) the Director of each single-purpose re- Act, 2021 (Public Law 116–260), the Secretary
nities. search facility. shall report annually on the utilization of this
(e) ADMINISTRATION.—National Laboratories ‘‘(B) NATIONAL LABORATORY.—The term ‘Na- authority at National Laboratories, including
that receive grants under this section shall tional Laboratory’ has the meaning given the the number of employees who participate in this
prioritize the support and success of the entre- term in section 2. program at each National Laboratory and the
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