Congressional Record — Senate, S2581 (May 18, 2021)
Summary
Page S2581 of the Senate section of the Congressional Record for May 18, 2021, carrying text of amendments to S. 1260, in interleaved columns. A table of contents lists Division A, CHIPS and O-RAN 5G Emergency Appropriations, with sections on the CHIPS for America Fund and wireless supply chain innovation, and Division B, the Endless Frontier Act, with titles on NSF technology and innovation. Amendments are submitted by Mr. Sasse, Mr. Johnson and Mr. Grassley, one proposing a Directorate for Technology and Innovation at the National Science Foundation. Other text covers Confucius Institute contracts, grant review panels and public access to taxpayer-funded research.
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“Congressional Record — Senate, S2581 (May 18, 2021).”
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2581
to the bill S. 1260, supra; which was ordered (1) in subsection (a), by striking paragraph DIVISION A—CHIPS AND O-RAN 5G
to lie on the table. (1) and inserting the following: EMERGENCY APPROPRIATIONS
SA 1522. Mr. JOHNSON submitted an ‘‘(1) shall provide to the person informa- Sec. 1001. Table of contents.
amendment intended to be proposed by him tion that appears on the merchandise, in- Sec. 1002. Creating Helpful Incentives to
to the bill S. 1260, supra; which was ordered cluding— Produce Semiconductors
to lie on the table. ‘‘(A) its packaging, materials, and con- (CHIPS) for America Fund.
f tainers, including labels; and Sec. 1003. Appropriations for wireless supply
‘‘(B) its packing materials and containers, chain innovation.
TEXT OF AMENDMENTS including labels; and’’; and DIVISION B—ENDLESS FRONTIER ACT
SA 1498. Mr. SASSE submitted an (2) in subsection (b)—
Sec. 2001. Short title; table of contents.
amendment intended to be proposed by (A) in paragraph (3), by striking ‘‘; and’’
Sec. 2002. Definitions.
and inserting a semicolon;
him to the bill S. 1260, to establish a (B) in paragraph (4), by striking the period
Sec. 2003. Sense of Congress.
new Directorate for Technology and In- Sec. 2004. Interagency working group.
at the end and inserting ‘‘; and’’; and Sec. 2005. Key technology focus areas.
novation in the National Science Foun- (C) by adding at the end the following:
dation, to establish a regional tech- ‘‘(5) any other party with an interest in the TITLE I—NSF TECHNOLOGY AND
nology hub program, to require a strat- merchandise, as determined appropriate by INNOVATION
egy and report on economic security, the Commissioner.’’. Sec. 2101. Definitions.
Sec. 2102. Directorate establishment and
science, research, innovation, manufac-
SA 1501. Mr. GRASSLEY submitted purpose.
turing, and job creation, to establish a Sec. 2103. Personnel management.
critical supply chain resiliency pro- an amendment intended to be proposed
Sec. 2104. Innovation centers.
gram, and for other purposes; which by him to the bill S. 1260, to establish Sec. 2105. Transition of NSF programs.
was ordered to lie on the table; as fol- a new Directorate for Technology and Sec. 2106. Providing scholarships, fellow-
lows: Innovation in the National Science ships, and other student sup-
At the appropriate place, insert the fol- Foundation, to establish a regional port.
technology hub program, to require a Sec. 2107. Research and development.
lowing:
strategy and report on economic secu- Sec. 2108. Test beds.
SEC. ll. AUTHORIZATION OF APPROPRIATIONS Sec. 2109. Academic technology transfer.
FOR THE DEFENSE ADVANCED RE- rity, science, research, innovation, Sec. 2110. Capacity-building program for de-
SEARCH PROJECTS AGENCY. manufacturing, and job creation, to es- veloping universities.
Notwithstanding any other provision of tablish a critical supply chain resil- Sec. 2111. Technical assistance.
law, there is authorized to be appropriated iency program, and for other purposes; Sec. 2112. Coordination of activities.
for the Defense Advanced Research Projects Sec. 2113. Reporting requirements.
Agency $7,000,000,000 for each of fiscal years
which was ordered to lie on the table;
as follows: Sec. 2114. Hands-on learning program.
2022 through 2026. Sec. 2115. Intellectual property protection.
At the appropriate place, insert the fol- Sec. 2116. Authorization of appropriations
SA 1499. Mr. COTTON submitted an lowing: for the Foundation.
amendment intended to be proposed by SEC. ll. REPORT ON ACHIEVING SUPPLY CHAIN Sec. 2117. Authorization of appropriations
him to the bill S. 1260, to establish a TRANSPARENCY. for the Department of Energy.
new Directorate for Technology and In- Not later than 180 days after the date of TITLE II—NSF RESEARCH, STEM, AND
novation in the National Science Foun- the enactment of this Act, the Commissioner GEOGRAPHIC DIVERSITY INITIATIVES
of U.S. Customs and Border Protection shall
dation, to establish a regional tech- submit to Congress a report that— Sec. 2201. Chief Diversity Officer of the NSF.
nology hub program, to require a strat- Sec. 2202. Programs to address the STEM
(1) assesses how limited supply chain visi-
egy and report on economic security, workforce.
bility hinders the ability of U.S. Customs
science, research, innovation, manufac- Sec. 2203. Emerging research institution
and Border Protection to identify and con-
pilot program.
turing, and job creation, to establish a duct enforcement actions with respect to ar-
Sec. 2204. Personnel management authori-
critical supply chain resiliency pro- ticles imported in violation of the customs
ties for the Foundation.
gram, and for other purposes; which and trade laws of the United States, includ- Sec. 2205. Advanced Technological Manufac-
was ordered to lie on the table; as fol- ing articles produced with forced labor or turing Act.
with respect to which unfair subsidies were Sec. 2206. Intramural emerging institutions
lows: provided;
At the end of title III of division B, add the pilot program.
(2) identifies the types of information U.S. Sec. 2207. Public-private partnerships.
following: Customs and Border Protection would re- Sec. 2208. AI Scholarship-for-Service Act.
SEC. 2309.PROHIBITION AGAINST FEDERAL quire to achieve supply chain transparency;
FUNDING FOR FOREIGN ENTITIES
Sec. 2209. Geographic diversity.
(3) identifies the parties who would be re- Sec. 2210. Rural STEM Education Act.
OF CONCERN.
quired to submit those types of information Sec. 2211. Quantum Network Infrastructure
(a) INELIGIBILITY FOR FEDERAL FUNDING.— to U.S. Customs and Border Protection; and Workforce Development
Notwithstanding any other provision of law, (4) assesses how U.S. Customs and Border Act.
a foreign entity of concern (as defined in sec- Protection would store and utilize that in- Sec. 2212. Supporting Early-Career Re-
tion 2307(a)(1)) may not receive any Federal formation; and searchers Act.
funding under this division. (5) provides estimates of the costs to col- Sec. 2213. Advancing Precision Agriculture
lect, store, and utilize that information. Capabilities Act.
SA 1500. Mr. GRASSLEY submitted Sec. 2214. Critical minerals mining research.
an amendment intended to be proposed SA 1502. Mr. SCHUMER proposed an Sec. 2215. Caregiver policies.
by him to the bill S. 1260, to establish amendment to the bill S. 1260, to estab- Sec. 2216. Presidential awards.
a new Directorate for Technology and lish a new Directorate for Technology Sec. 2217. Bioeconomy Research and Devel-
Innovation in the National Science and Innovation in the National Science opment Act of 2021.
Foundation, to establish a regional Sec. 2218. Microgravity utilization policy.
Foundation, to establish a regional
technology hub program, to require a TITLE III—RESEARCH SECURITY
technology hub program, to require a
strategy and report on economic secu- strategy and report on economic secu- Sec. 2301. National Science Foundation re-
rity, science, research, innovation, search security.
rity, science, research, innovation, Sec. 2302. Research security and integrity
manufacturing, and job creation, to es- manufacturing, and job creation, to es- information sharing analysis
tablish a critical supply chain resil- tablish a critical supply chain resil- organization.
iency program, and for other purposes; iency program, and for other purposes; Sec. 2303. Foreign government talent re-
which was ordered to lie on the table; as follows: cruitment program prohibition.
as follows: Strike all after the enacting clause and in- Sec. 2304. Additional requirements for Direc-
At the appropriate place, insert the fol- sert the following: torate research security.
lowing: Sec. 2305. Protecting research from cyber
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
SEC. ll. ENHANCED AUTHORITY TO SHARE IN- theft.
(a) SHORT TITLE.—This Act may be cited as Sec. 2306. International standards develop-
FORMATION WITH RESPECT TO MER-
CHANDISE SUSPECTED OF VIO-
the ‘‘United States Innovation and Competi- ment.
LATING INTELLECTUAL PROPERTY tion Act of 2021’’. Sec. 2307. Research funds accounting.
RIGHTS. (b) TABLE OF CONTENTS.—The table of con- Sec. 2308. Plan with respect to sensitive or
Section 628A of the Tariff Act of 1930 (19 tents for this Act is as follows: controlled information and
U.S.C. 1628a) is amended— Sec. 1. Short title; table of contents. background screening.
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S2582 CONGRESSIONAL RECORD — SENATE May 18, 2021
TITLE IV—REGIONAL INNOVATION PART I—AUTHORIZATION OF APPROPRIATIONS Sec. 2658. Prioritization of low-enriched ura-
CAPACITY Sec. 2613. Authorization of appropriations. nium technology.
Sec. 2401. Regional technology hubs. Sec. 2659. Sense of Congress on next-genera-
PART II—HUMAN SPACEFLIGHT AND
Sec. 2402. Manufacturing USA Program. tion communications tech-
EXPLORATION
Sec. 2403. Establishment of expansion nology.
awards program in Hollings Sec. 2614. Competitiveness within the Sec. 2660. Lunar surface technologies.
Manufacturing Extension Part- human landing system pro-
PART VI—STEM ENGAGEMENT
nership and authorization of ap- gram.
Sec. 2615. Space launch system configura- Sec. 2661. Sense of Congress.
propriations for the Partner-
tions. Sec. 2662. STEM education engagement ac-
ship.
Sec. 2616. Advanced spacesuits. tivities.
Sec. 2404. National Manufacturing Advisory
Sec. 2617. Acquisition of domestic space Sec. 2663. Skilled technical education out-
Council.
transportation and logistics re- reach program.
TITLE V—MISCELLANEOUS
supply services. PART VII—WORKFORCE AND INDUSTRIAL BASE
Sec. 2501. Strategy and report on economic
Sec. 2618. Rocket engine test infrastructure. Sec. 2665. Appointment and compensation
security, science, research, and
Sec. 2619. Pearl River maintenance. pilot program.
innovation to support the na-
Sec. 2620. Value of International Space Sta- Sec. 2666. Establishment of multi-institu-
tional security strategy.
tion and capabilities in low- tion consortia.
Sec. 2502. Person or entity of concern prohi-
Earth orbit. Sec. 2667. Expedited access to technical tal-
bition.
Sec. 2503. Study on emerging science and Sec. 2621. Extension and modification relat- ent and expertise.
technology challenges faced by ing to International Space Sta- Sec. 2668. Report on industrial base for civil
the United States and rec- tion. space missions and operations.
ommendations to address them. Sec. 2622. Department of Defense activities Sec. 2669. Separations and retirement incen-
Sec. 2504. Report on global semiconductor on International Space Station. tives.
shortage. Sec. 2623. Commercial development in low- Sec. 2670. Confidentiality of medical quality
Sec. 2505. Supply chain resiliency program. Earth orbit. assurance records.
Sec. 2506. Semiconductor incentives. Sec. 2624. Maintaining a national laboratory
PART VIII—MISCELLANEOUS PROVISIONS
Sec. 2507. Research Investment to Spark the in space.
Economy Act. Sec. 2625. International Space Station na- Sec. 2671. Contracting authority.
Sec. 2508. Office of Manufacturing and Indus- tional laboratory; property Sec. 2672. Authority for transaction proto-
trial Innovation Policy. rights in inventions. type projects and follow-on pro-
Sec. 2509. Telecommunications Workforce Sec. 2626. Data first produced during non- duction contracts.
Training Grant Program. NASA scientific use of the ISS Sec. 2673. Protection of data and informa-
Sec. 2510. Country Of Origin Labeling Online national laboratory. tion from public disclosure.
Act. Sec. 2627. Payments received for commercial Sec. 2674. Physical security modernization.
Sec. 2511. Country of origin labeling for king space-enabled production on Sec. 2675. Lease of non-excess property.
crab and tanner crab. the ISS. Sec. 2676. Cybersecurity.
Sec. 2512. Internet exchanges and submarine Sec. 2628. Stepping stone approach to explo- Sec. 2677. Limitation on cooperation with
cables. ration. the People’s Republic of China.
Sec. 2513. Study of sister city partnerships Sec. 2629. Technical amendments relating to Sec. 2678. Consideration of issues related to
operating within the United Artemis missions. contracting with entities re-
States involving foreign com- ceiving assistance from or af-
PART III—SCIENCE
munities in countries with sig- filiated with the People’s Re-
nificant public sector corrup- Sec. 2631. Science priorities. public of China.
tion. Sec. 2632. Lunar discovery program. Sec. 2679. Small satellite launch services
Sec. 2514. Prohibition on transfer, assign- Sec. 2633. Search for life. program.
ment, or disposition of con- Sec. 2634. James Webb Space Telescope. Sec. 2680. 21st century space launch infra-
struction permits and station Sec. 2635. Nancy Grace Roman Space Tele- structure.
licenses to entities subject to scope. Sec. 2681. Missions of national need.
undue influence by the Chinese Sec. 2636. Study on satellite servicing for Sec. 2682. Drinking water well replacement
Communist Party or the Gov- science missions. for Chincoteague, Virginia.
ernment of the People’s Repub- Sec. 2637. Earth science missions and pro- Sec. 2683. Passenger carrier use.
lic of China. grams. Sec. 2684. Use of commercial near-space bal-
Sec. 2515. Limitation on nuclear cooperation Sec. 2638. Life science and physical science loons.
with the People’s Republic of research. Sec. 2685. President’s Space Advisory Board.
China. Sec. 2639. Science missions to Mars. Sec. 2686. Initiative on technologies for
Sec. 2516. Certification. Sec. 2640. Planetary Defense Coordination noise and emissions reductions.
Sec. 2517. Fairness and due process in stand- Office. Sec. 2687. Remediation of sites contami-
ards-setting bodies. Sec. 2641. Suborbital science flights. nated with trichloroethylene.
Sec. 2518. Shark fin sales elimination. Sec. 2642. Earth science data and observa- Sec. 2688. Review on preference for domestic
Sec. 2519. Sense of Congress on forced labor. tions. suppliers.
Sec. 2520. Open network architecture. Sec. 2643. Sense of Congress on small sat- Sec. 2689. Report on use of commercial
Sec. 2521. Combatting sexual harassment in ellite science. spaceports licensed by the Fed-
science. Sec. 2644. Sense of Congress on commercial
Sec. 2522. National Science Corps. eral Aviation Administration.
space services. Sec. 2690. Active orbital debris mitigation.
Sec. 2523. Annual report on foreign research. Sec. 2645. Procedures for identifying and ad-
Sec. 2524. Accelerating unmanned maritime Sec. 2691. Study on commercial communica-
dressing alleged violations of tions services.
systems research.
scientific integrity policy.
Sec. 2525. Foundation funding to institu- DIVISION C—STRATEGIC COMPETITION
tions hosting or supporting PART IV—AERONAUTICS ACT OF 2021
Confucius Institutes. Sec. 2646. Short title. Sec. 3001. Short title; table of contents.
Sec. 2526. Supporting documents. Sec. 2647. Definitions. Sec. 3002. Findings.
Sec. 2527. BASIC Research. Sec. 2648. Experimental aircraft projects. Sec. 3003. Definitions.
TITLE VI—SPACE MATTERS Sec. 2649. Unmanned aircraft systems. Sec. 3004. Statement of policy.
Subtitle A—SPACE Act Sec. 2650. 21st Century Aeronautics Capabili- Sec. 3005. Sense of Congress.
ties Initiative. Sec. 3006. Rules of construction.
Sec. 2601. Short title.
Sec. 2602. Sense of Congress. Sec. 2651. Sense of Congress on on-demand
TITLE I—INVESTING IN A COMPETITIVE
Sec. 2603. Definitions. air transportation.
FUTURE
Sec. 2604. Space situational awareness data, Sec. 2652. Sense of Congress on hypersonic
technology research. Subtitle A—Science and Technology
information, and services: pro-
vision to non-United States PART V—SPACE TECHNOLOGY Sec. 3101. Authorization to assist United
States companies with global
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Government entities. Sec. 2653. Space Technology Mission Direc-
Sec. 2605. Centers of Excellence for Space supply chain diversification and
torate.
Situational Awareness. management.
Sec. 2654. Flight opportunities program.
Subtitle B—National Aeronautics and Space Sec. 2655. Small Spacecraft Technology Pro- Subtitle B—Global Infrastructure and
Administration Authorization Act gram. Energy Development
Sec. 2611. Short title. Sec. 2656. Nuclear propulsion technology. Sec. 3111. Appropriate committees of Con-
Sec. 2612. Definitions. Sec. 2657. Mars-forward technologies. gress defined.
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2583
Sec. 3112. Sense of Congress on international Sec. 3212. Sense of Congress on negotiations Sec. 3232. Report on national technology and
quality infrastructure invest- with G7 and G20 countries. industrial base.
ment standards. Sec. 3213. Enhancing the United States-Tai- Sec. 3233. Report on diplomatic outreach
Sec. 3113. United States support for infra- wan partnership. with respect to Chinese mili-
structure. Sec. 3214. Taiwan Fellowship Program. tary installations overseas.
Sec. 3114. Infrastructure Transaction and Sec. 3215. Treatment of Taiwan government. Sec. 3234. Statement of policy regarding uni-
Assistance Network. Sec. 3216. Taiwan symbols of sovereignty. versal implementation of
Sec. 3115. Strategy for advanced and reliable Sec. 3217. Report on origins of the COVID–19 United Nations sanctions on
energy infrastructure. pandemic. North Korea.
Sec. 3116. Report on the People’s Republic of Sec. 3218. Enhancement of diplomatic sup- Sec. 3235. Limitation on assistance to coun-
China’s investments in foreign port and economic engagement tries hosting Chinese military
energy development. with Pacific island countries. installations.
Subtitle C—Digital Technology and Sec. 3219. Increasing Department of State Subtitle C—Regional Strategies to Counter
Connectivity personnel and resources de- the People’s Republic of China
Sec. 3121. Sense of Congress on digital tech- voted to the Indo-Pacific.
Sec. 3241. Statement of policy on coopera-
nology issues. Sec. 3219A. Advancing United States leader-
tion with allies and partners
Sec. 3122. Digital connectivity and cyberse- ship in the United Nations Sys-
around the world with respect
curity partnership. tem.
to the People’s Republic of
Sec. 3123. Strategy for digital investment by Sec. 3219B. Asia Reassurance Initiative Act
China.
United States International De- of 2018.
velopment Finance Corpora- Sec. 3219C. Statement of policy on need for PART I—WESTERN HEMISPHERE
tion. reciprocity in the relationship Sec. 3245. Sense of Congress regarding
Subtitle D—Countering Chinese Communist between the United States and United States-Canada relations.
Party Malign Influence the People’s Republic of China. Sec. 3246. Sense of Congress regarding the
Sec. 3219D. Opposition to provision of assist- Government of the People’s Re-
Sec. 3131. Short title. ance to People’s Republic of public of China’s arbitrary im-
Sec. 3132. Authorization of appropriations China by Asian Development prisonment of Canadian citi-
for countering Chinese Influ- Bank. zens.
ence Fund. Sec. 3219E. Opposition to provision of assist- Sec. 3247. Strategy to enhance cooperation
Sec. 3133. Findings on Chinese information
ance to People’s Republic of with Canada.
warfare and malign influence
China by International Bank Sec. 3248. Strategy to strengthen economic
operations.
for Reconstruction and Devel- competitiveness, governance,
Sec. 3134. Authorization of appropriations
opment. human rights, and the rule of
for the Fulbright-Hays Pro-
Sec. 3219F. United States policy on Chinese law in Latin America and the
gram.
and Russian government efforts Caribbean.
Sec. 3135. Sense of Congress condemning
to undermine the United Na- Sec. 3249. Engagement in international orga-
anti-Asian racism and discrimi-
tions Security Council action nizations and the defense sector
nation.
Sec. 3136. Supporting independent media and on human rights. in Latin America and the Car-
countering disinformation. Sec. 3219G. Deterring PRC use of force ibbean.
Sec. 3137. Global engagement center. against Taiwan. Sec. 3250. Addressing China’s sovereign lend-
Sec. 3138. Review by Committee on Foreign Sec. 3219H. Strategy to respond to sharp ing practices in Latin America
Investment in the United power operations targeting Tai- and the Caribbean.
States of certain foreign gifts wan. Sec. 3251. Defense cooperation in Latin
to and contracts with institu- Sec. 3219I. Study and report on bilateral ef- America and the Caribbean.
tions of higher education. forts to address Chinese Sec. 3252. Engagement with civil society in
Sec. 3139. Post-employment restrictions on fentanyl trafficking. Latin America and the Carib-
Senate-confirmed officials at Sec. 3219J. Investment, trade, and develop- bean regarding accountability,
the Department of State. ment in Africa and Latin Amer- human rights, and the risks of
Sec. 3140. Sense of Congress on prioritizing ica and the Caribbean. pervasive surveillance tech-
nomination of qualified ambas- Sec. 3219K. Facilitation of increased equity nologies.
sadors to ensure proper diplo- investments under the Better PART II—TRANSATLANTIC ALLIANCE
matic positioning to counter Utilization of Investments
Sec. 3255. Sense of Congress on the Trans-
Chinese influence. Leading to Development Act of
atlantic alliance.
Sec. 3141. China Censorship Monitor and Ac- 2018.
Sec. 3256. Strategy to enhance transatlantic
tion Group. Subtitle B—International Security Matters cooperation with respect to the
TITLE II—INVESTING IN ALLIANCES AND Sec. 3221. Definitions. People’s Republic of China.
PARTNERSHIPS Sec. 3222. Findings. Sec. 3257. Enhancing Transatlantic coopera-
Subtitle A—Strategic and Diplomatic Sec. 3223. Sense of Congress regarding bol- tion on promoting private sec-
Matters stering security partnerships in tor finance.
Sec. 3201. Appropriate committees of Con- the Indo-Pacific. Sec. 3258. Report and briefing on coopera-
gress defined. Sec. 3224. Statement of policy. tion between China and Iran
Sec. 3202. United States commitment and Sec. 3225. Foreign military financing in the and between China and Russia.
support for allies and partners Indo-Pacific and authorization Sec. 3259. Promoting responsible develop-
in the Indo-Pacific. of appropriations for Southeast ment alternatives to the belt
Sec. 3203. Sense of Congress on cooperation Asia maritime security pro- and road initiative.
with the Quad. grams and diplomatic outreach PART III—SOUTH AND CENTRAL ASIA
Sec. 3204. Establishment of Quad Intra-Par- activities.
Sec. 3261. Sense of Congress on South and
liamentary Working Group. Sec. 3226. Foreign military financing com-
Central Asia.
Sec. 3205. Statement of policy on coopera- pact pilot program in the Indo-
Sec. 3262. Strategy to enhance cooperation
tion with ASEAN. Pacific.
with South and Central Asia.
Sec. 3206. Sense of Congress on enhancing Sec. 3227. Additional funding for inter-
national military education PART IV—AFRICA
United States–ASEAN coopera-
tion on technology issues with and training in the Indo-Pa- Sec. 3271. Assessment of political, economic,
respect to the People’s Republic cific. and security activity of the
of China. Sec. 3228. Prioritizing excess defense article People’s Republic of China in
Sec. 3207. Report on Chinese influence in transfers for the Indo-Pacific. Africa.
international organizations. Sec. 3229. Prioritizing excess naval vessel Sec. 3272. Increasing the competitiveness of
Sec. 3208. Regulatory exchanges with allies transfers for the Indo-Pacific. the United States in Africa.
and partners. Sec. 3230. Statement of policy on maritime Sec. 3273. Digital security cooperation with
Sec. 3209. Technology partnership office at freedom of operations in inter- respect to Africa.
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the Department of State. national waterways and air- Sec. 3274. Increasing personnel in United
Sec. 3210. United States representation in space of the Indo-Pacific and on States embassies in sub-Saha-
standards-setting bodies. artificial land features in the ran Africa focused on the Peo-
Sec. 3211. Sense of Congress on centrality of South China Sea. ple’s Republic of China.
sanctions and other restrictions Sec. 3231. Report on capability development Sec. 3275. Support for Young African Lead-
to strategic competition with of Indo-Pacific allies and part- ers Initiative.
China. ners. Sec. 3276. Africa broadcasting networks.
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S2584 CONGRESSIONAL RECORD — SENATE May 18, 2021
PART V—MIDDLE EAST AND NORTH AFRICA Sec. 3406. Report on manner and extent to TITLE II—CYBER AND ARTIFICIAL
Sec. 3281. Strategy to counter Chinese influ- which the Government of the INTELLIGENCE
ence in, and access to, the Mid- People’s Republic of China ex- Subtitle A—Advancing American AI
dle East and North Africa. ploits Hong Kong to circumvent
Sec. 4201. Short title.
Sec. 3282. Sense of Congress on Middle East United States laws and protec-
Sec. 4202. Purpose.
and North Africa engagement. tions.
Sec. 4203. Definitions.
Sec. 3407. Annual review on the presence of
PART VI—ARCTIC REGION Sec. 4204. Principles and policies for use of
Chinese companies in United
artificial intelligence in Gov-
Sec. 3285. Arctic diplomacy. States capital markets.
ernment.
PART VII—OCEANIA Sec. 3408. Economic defense response teams.
Sec. 4205. Agency inventories and artificial
TITLE V—ENSURING STRATEGIC intelligence use cases.
Sec. 3291. Statement of policy on United
SECURITY Sec. 4206. Rapid pilot, deployment and scale
States engagement in Oceania.
Sec. 3292. Oceania strategic roadmap. Sec. 3501. Findings on strategic security and of applied artificial intelligence
Sec. 3293. Review of USAID programming in arms control. capabilities to demonstrate
Oceania. Sec. 3502. Cooperation on a strategic nuclear modernization activities re-
dialogue. lated to use cases.
Sec. 3294. Oceania Security Dialogue.
Sec. 3503. Report on United States efforts to Sec. 4207. Enabling entrepreneurs and agen-
Sec. 3295. Report on countering illegal, unre-
engage the People’s Republic of cy missions.
ported, and unregulated fishing
China on nuclear issues and Subtitle B—Cyber Response and Recovery
in Oceania.
ballistic missile issues.
Sec. 3296. Oceania Peace Corps partnerships. Sec. 4251. Short title.
Sec. 3504. Countering the People’s Republic
Sec. 4252. Declaration of a significant inci-
TITLE III—INVESTING IN OUR VALUES of China’s proliferation of bal-
dent.
Sec. 3301. Authorization of appropriations listic missiles and nuclear tech-
nology to the Middle East. TITLE III—PERSONNEL
for promotion of democracy in
Hong Kong. DIVISION D—HOMELAND SECURITY AND Subtitle A—Facilitating Federal Employee
Sec. 3302. Imposition of sanctions relating to GOVERNMENTAL AFFAIRS COMMITTEE Reskilling
forced labor in the Xinjiang PROVISIONS Sec. 4301. Short title.
Uyghur Autonomous Region. Sec. 4001. Short title; table of contents. Sec. 4302. Reskilling Federal employees.
Sec. 3303. Imposition of sanctions with re- TITLE I—ENSURING DOMESTIC Subtitle B—Federal Rotational Cyber
spect to systematic rape, coer- MANUFACTURING CAPABILITIES Workforce Program
cive abortion, forced steriliza- Sec. 4351. Short title.
tion, or involuntary contracep- Subtitle A—Build America, Buy America
Sec. 4352. Definitions.
tive implantation in the Sec. 4101. Short title. Sec. 4353. Rotational cyber workforce posi-
Xinjiang Uyghur Autonomous PART I—BUY AMERICA SOURCING tions.
Region. REQUIREMENTS Sec. 4354. Rotational cyber workforce pro-
Sec. 3304. Report on corrupt activities of Sec. 4111. Findings. gram.
senior officials of Government Sec. 4112. Definitions. Sec. 4355. Reporting by GAO.
of the People’s Republic of Sec. 4113. Identification of deficient pro- Sec. 4356. Sunset.
China. grams. TITLE IV—OTHER MATTERS
Sec. 3305. Removal of members of the United Sec. 4114. Application of Buy America pref-
Nations Human Rights Council Subtitle A—Ensuring Security of Unmanned
erence.
that commit human rights Aircraft Systems
Sec. 4115. OMB guidance and standards.
abuses. Sec. 4116. Technical assistance partnership Sec. 4401. Short title.
Sec. 3306. Policy with respect to Tibet. and consultation supporting Sec. 4402. Definitions.
Sec. 3307. United States policy and inter- Department of Transportation Sec. 4403. Prohibition on procurement of
national engagement on the Buy America requirements. covered unmanned aircraft sys-
succession or reincarnation of Sec. 4117. Application. tems from covered foreign enti-
the Dalai Lama and religious ties.
PART II—MAKE IT IN AMERICA
freedom of Tibetan Buddhists. Sec. 4404. Prohibition on operation of cov-
Sec. 4121. Regulations relating to Buy Amer- ered unmanned aircraft sys-
Sec. 3308. Sense of Congress on treatment of ican Act.
Uyghurs and other ethnic mi- tems from covered foreign enti-
Sec. 4122. Amendments relating to Buy ties.
norities in the Xinjiang Uyghur American Act.
Autonomous Region. Sec. 4405. Prohibition on use of Federal
Sec. 4123. Made in America Office. funds for purchases and oper-
Sec. 3309. Development and deployment of Sec. 4124. Hollings Manufacturing Extension
internet freedom and Great ation of covered unmanned air-
Partnership activities. craft systems from covered for-
Firewall circumvention tools Sec. 4125. United States obligations under
for the people of Hong Kong. eign entities.
international agreements. Sec. 4406. Prohibition on use of Government-
Sec. 3310. Enhancing transparency on inter- Sec. 4126. Definitions.
national agreements and non- issued Purchase Cards to pur-
Sec. 4127. Prospective amendments to inter- chase covered unmanned air-
binding instruments. nal cross-references. craft systems from covered for-
Sec. 3311. Authorization of appropriations Subtitle B—BuyAmerican.gov eign entities.
for protecting human rights in
Sec. 4131. Short title. Sec. 4407. Management of existing inven-
the People’s Republic of China.
Sec. 4132. Definitions. tories of covered unmanned air-
Sec. 3312. Diplomatic boycott of the XXIV
Sec. 4133. Sense of Congress on buying craft systems from covered for-
Olympic Winter Games and the
American. eign entities.
XIII Paralympic Winter Games.
Sec. 4134. Assessment of impact of free trade Sec. 4408. Comptroller General report.
Sec. 3313. Repeal of sunset applicable to au- Sec. 4409. Government-wide policy for pro-
agreements.
thority under Global curement of unmanned aircraft
Sec. 4135. Judicious use of waivers.
Magnitsky Human Rights Ac- Sec. 4136. Establishment of systems.
countability Act. BuyAmerican.gov website. Sec. 4410. Study.
TITLE IV—INVESTING IN OUR ECONOMIC Sec. 4137. Waiver Transparency and Stream- Sec. 4411. Sunset.
STATECRAFT lining for contracts. Subtitle B—No TikTok on Government
Sec. 3401. Findings and sense of Congress re- Sec. 4138. Comptroller General report. Devices
garding the PRC’s industrial Sec. 4139. Rules of construction.
Sec. 4431. Short title.
policy. Sec. 4140. Consistency with international
Sec. 4432. Prohibition on the use of TikTok.
Sec. 3402. Intellectual property violators agreements.
Sec. 4141. Prospective amendments to inter- Subtitle C—National Risk Management
list.
Sec. 3403. Government of the People’s Re- nal cross-references. Sec. 4461. Short title.
Sec. 4462. National risk management cycle.
ctelli on DSK11ZRN23PROD with SENATE
public of China subsidies list. Subtitle C—Make PPE in America
Sec. 3404. Countering foreign corrupt prac- Sec. 4151. Short title. Subtitle D—Safeguarding American
tices. Sec. 4152. Findings. Innovation
Sec. 3405. Debt relief for countries eligible Sec. 4153. Requirement of long-term con- Sec. 4491. Short title.
for assistance from the Inter- tracts for domestically manu- Sec. 4492. Definitions.
national Development Associa- factured personal protective Sec. 4493. Federal Research Security Coun-
tion. equipment. cil.
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2585
Sec. 4494. Federal grant application fraud. Sec. 5305. Report on implementation of proc- (1) ESTABLISHMENT.—There is established
Sec. 4495. Restricting the acquisition of ess for exchange of information in the Treasury of the United States a fund
emerging technologies by cer- between Committee on Foreign to be known as the ‘‘Creating Helpful Incen-
tain aliens. Investment in the United tives to Produce Semiconductors (CHIPS) for
Sec. 4496. Machine readable visa documents. States and allies and partners. America Fund’’ (referred to in this sub-
Sec. 4497. Certifications regarding access to Sec. 5306. Report on economic and national section as the ‘‘Fund’’) for the Secretary of
export controlled technology in security implications of Commerce to carry out sections 9902 and 9906
educational and cultural ex- changes to cross-border pay- of the William M. (Mac) Thornberry National
change programs. ment and financial messaging Defense Authorization Act for Fiscal Year
Sec. 4498. Privacy and confidentiality. systems. 2021 (Public Law 116–283). Amounts in the
Sec. 5307. Report on development and utili- Fund to carry out section 9906 of Public Law
DIVISION E—MEETING THE CHINA zation of dual-use technologies 116–283 shall be transferred to and merged
CHALLENGE ACT OF 2021 by the Government of the Peo- with ac counts within the Department of
Sec. 5001. Short title; table of contents. ple’s Republic of China. Commerce to be used for such purposes.
TITLE I—FINANCIAL SERVICES Sec. 5308. Report on currency issues with re- (2) APPROPRIATION.—
spect to the People’s Republic (A) In addition to amounts otherwise avail-
Sec. 5101. Findings on transparency and dis- of China. able for such purposes, there is appropriated
closure; sense of Congress. Sec. 5309. Report on exposure of the United to the Fund established in subsection (a)(1),
Sec. 5102. Establishment of interagency task States to the financial system out of amounts in the Treasury not other-
force to address Chinese market of the People’s Republic of wise appropriated—
manipulation in the United China. (i) for fiscal year 2022, $24,000,000,000, to re-
States. Sec. 5310. Report on investment reciprocity main available until expended, of which
Sec. 5103. Expansion of study and strategy between the United States and $19,000,000,000 shall be for section 9902 of Pub-
on money laundering by the the People’s Republic of China. lic Law 116–283, $2,000,000,000 shall be for sub-
People’s Republic of China to DIVISION F—OTHER MATTERS section (c) of section 9906 of Public Law 116–
include risks of contributing to 283, $2,500,000,000 shall be for subsection (d) of
corruption. Sec. 6001. Table of contents. section 9906 of Public Law 116–283, and
Sec. 5104. Statement of policy to encourage TITLE I—COMPETITIVENESS AND SECU- $500,000,000 shall be for subsections (e) and (f)
the development of a corporate RITY FOR EDUCATION AND MEDICAL of section 9906 of Public Law 116–283;
code of conduct for countering RESEARCH (ii) for fiscal year 2023, $7,000,000,000 to re-
malign influence in the private Subtitle A—Department of Health and main available until expended, of which
sector. Human Services Programs $5,000,000,000 shall be for section 9902 of Pub-
TITLE II—PROTECTING UNITED STATES Sec. 6101. Foreign talent programs. lic Law 116–283 and $2,000,000,000 shall be for
NATIONAL SECURITY Sec. 6102. Securing identifiable, sensitive in- subsections (c), (d), (e), and (f) of section 9906
formation. of Public Law 116–283;
Subtitle A—Sanctions With Respect to (iii) for fiscal year 2024, $6,300,000,000, to re-
Sec. 6103. Duties of the Director.
People’s Republic of China main available until expended, of which
Sec. 6104. Protecting America’s biomedical
Sec. 5201. Definitions. research enterprise. $5,000,000,000 shall be for section 9902 of Pub-
Sec. 5202. Use of sanctions authorities with Sec. 6105. GAO Study. lic Law 116–283 and $1,300,000,000 shall be for
respect to the People’s Republic Sec. 6106. Report on progress to address subsections (c), (d), (e), and (f) of section 9906
of China. undue foreign influence. of Public Law 116–283;
Sec. 5203. Imposition of sanctions with re- (iv) for fiscal year 2025, $6,100,000,000, to re-
Subtitle B—Elementary and Secondary
spect to activities of the Peo- main available until expended, of which
Education
ple’s Republic of China under- $5,000,000,000 shall be for section 9902 of Pub-
Sec. 6111. Postsecondary stem pathways lic Law 116–283 and $1,100,000,000 shall be for
mining cybersecurity, including
grants. subsections (c), (d), (e), and (f) of section 9906
cyber attacks on United States
Sec. 6112. Improving access to elementary of Public Law 116–283; and
Government or private sector
and secondary computer (v) for fiscal year 2026, $6,800,000,000, to re-
networks.
science education. main available until expended, of which
Sec. 5204. Imposition of sanctions with re-
spect to theft of trade secrets of Subtitle C—Higher Education $5,000,000,000 shall be for section 9902 of Pub-
United States persons. Sec. 6121. Reauthorization of international lic Law 116– 283 and $1,800,000,000 shall be for
Sec. 5205. Implementation; penalties. education programs under title subsections (c), (d), (e), and (f) of section 9906
VI of the Higher Education Act of Public Law 116–283.
Sec. 5206. Exceptions.
of 1965. (B) In carrying out this subsection, the
Subtitle B—Export Control Review And Secretary of Commerce may use up to 2 per-
Sec. 6122. Confucius Institutes.
Other Matters Sec. 6123. Sustaining the Truman Founda- cent of the amounts made available in each
Sec. 5211. Review and controls on export of tion and the Madison Founda- fiscal year for salaries and expenses, admin-
items with critical capabilities tion. istration, and oversight purposes, of which
to enable human rights abuses. Sec. 6124. Disclosures of foreign gifts and $5,000,000 in each of fiscal years 2022 through
Sec. 5212. Prohibition on reviews by Com- contracts at institutions of 2026 shall be transferred to the Office of In-
mittee on Foreign Investment higher education. spector General of the Department of Com-
in the United States of certain merce to oversee expenditures from the
TITLE II—COMMITTEE ON THE
foreign gifts to and contracts Fund.
JUDICIARY PROVISIONS
with institutions of higher edu- (3) ASSISTANCE FOR MATURE TECHNOLOGY
Sec. 6201. Short title. NODES.—
cation.
Sec. 6202. Premerger notification filing fees. (A) Of the amount available in fiscal year
Sec. 5213. Conforming amendments to Treas- Sec. 6203. Authorization of appropriations.
ury positions established by 2022 to implement section 9902 of Public Law
Foreign Investment Risk Re- TITLE III—MISCELLANEOUS 116–283, $2,000,000,000 shall be to provide Fed-
view Modernization Act of 2018. Sec. 6301. Enhancing entrepreneurship for eral financial assistance to covered entities
the 21st century. to incentivize investment in facilities and
TITLE III—REPORTS
DIVISION A—CHIPS AND O-RAN 5G equipment in the United States for the fab-
Sec. 5301. Review of the presence of Chinese rication, assembly, testing, or advanced
EMERGENCY APPROPRIATIONS
entities in United States cap- packaging of semiconductors at mature
ital markets. SEC. 1001. TABLE OF CONTENTS.
technology nodes.
Sec. 5302. Report on malign activity involv- The table of contents for this division is as (B) In addition to the procedures, eligi-
ing Chinese state-owned enter- follows: bility, and considerations for review speci-
prises. DIVISION A—CHIPS AND O-RAN 5G fied in subsection 9902(a)(2) of Public Law
Sec. 5303. Report on use and applicability of EMERGENCY APPROPRIATIONS 116–283, in order to for an entity to qualify to
sanctions to Chinese officials Sec. 1001. Table of contents. receive Federal financial assistance under
complicit in human rights vio- Sec. 1002. Creating Helpful Incentives to this paragraph, the covered entity shall—
lations and violations of United Produce Semiconductors (i)(I) provide equipment or materials for
ctelli on DSK11ZRN23PROD with SENATE
States sanctions with respect (CHIPS) for America Fund. the fabrication, assembly, testing, or ad-
to Hong Kong. Sec. 1003. Appropriations for wireless supply vanced packaging of semiconductors at ma-
Sec. 5304. Report on domestic shortfalls of chain innovation. ture technology nodes in the United States;
industrial resources, materials, SEC. 1002. CREATING HELPFUL INCENTIVES TO or
and critical technology items PRODUCE SEMICONDUCTORS (II) fabricate, assemble using advanced
essential to the national de- (CHIPS) FOR AMERICA FUND. packaging, or test semiconductors at mature
fense. (a) CHIPS FOR AMERICA FUND.— technology nodes in the United States; and
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S2586 CONGRESSIONAL RECORD — SENATE May 18, 2021
(ii) commit to using any Federal financial available under subsection (a)(2) that are account, program element, and project pur-
assistance received under this section to in- less than the full amount appropriated under suant to title 31, United States Code.
crease the production of semiconductors at that subsection, the difference between the (c) CHIPS FOR AMERICA INTERNATIONAL
mature technology nodes. amount appropriated and the alternate allo- TECHNOLOGY SECURITY AND INNOVATION
(C) ln addition to the considerations de- cation shall be allocated by the President FUND.—
scribed in subsection 9902(a)(2)(C) of Public and apportioned and allotted by account, (1) ESTABLISHMENT.—There is established
Law 116–283, in granting Federal financial as- program, and project pursuant to title 31, in the Treasury of the United States a fund
sistance under this paragraph, the Secretary United States Code. to be known as the ‘‘Creating Helpful Incen-
may consider whether a covered entity pro- (b) CHIPS FOR AMERICA DEFENSE FUND.— tives to Produce Semiconductors (CHIPS) for
duces or supplies equipment or materials (1) ESTABLISHMENT.—There is established America International Technology Security
used in the fabrication, assembly, testing, or in the Treasury of the United States a fund and Innovation Fund’’ (referred to in this
advanced packaging of semiconductors at to be known as the ‘‘Creating Helpful Incen- subsection as the ‘‘Fund’’) to provide for
mature technology nodes that are necessary tives to Produce Semiconductors (CHIPS) for international information and communica-
to support a critical manufacturing indus- America Defense Fund’’ (referred to in this tions technology security and semiconductor
try. subsection as the ‘‘Fund’’) to provide for re- supply chain activities, including to support
(D) ln awarding Federal financial assist- search, development, test and evaluation, the development and adoption of secure and
ance to covered entities under this para- workforce development, and other require- trusted telecommunications technologies,
graph, the Secretary shall give priority to ments that are unique to the Department of secure semiconductors, secure semiconduc-
covered entities that support the resiliency Defense and the intelligence community, in- tors supply chains, and other emerging tech-
of semiconductor supply chains for critical cluding those requirements that are nec- nologies and to carry out sections 9905 and
manufacturing industries in the United essary to carry out section 9903(b) of the Wil- 9202(a)(2) of the William M. (Mac) Thorn-
States. liam M. (Mac) Thornberry National Defense berry National Defense Authorization Act
(E) In this paragraph, the term ‘‘critical Authorization Act for Fiscal Year 2021 (Pub- for Fiscal Year 2021 (Public Law 116–283), as
manufacturing industry’’— lic Law 116–283). Amounts in the Fund shall appropriate. Amounts in the Fund shall be
(i) means an industry that is assigned a be transferred to and merged with accounts transferred by the Secretary of State to ac-
North American Industry Classification Sys- within the Department of Defense to be used counts within the Department of State, the
tem code beginning with 31, 32, or 33, and for for such purposes. Amounts in the Fund or United States Agency for International De-
which the industry components that are as- transferred to and merged with accounts velopment, the Export-Import Bank, and the
signed a North American Industry Classifica- within the Department of Defense may not United States International Development Fi-
tion System code beginning with the same 4 be used for construction of facilities. nance Corporation, as appropriate, to be used
digits as the industry— (2) APPROPRIATION.—In addition to for such purposes and under the terms and
(I) manufacture primary products and amounts otherwise available for such pur- conditions of the account to which trans-
parts, the sum of which account for not less poses, there is appropriated to the Fund es- ferred.
than 5 percent of the manufacturing value tablished in subsection (b)(1), out of amounts (2) APPROPRIATION.—
added by industry gross domestic product of in the Treasury not otherwise appropriated— (A) In addition to amounts otherwise avail-
the United States; and (A) for fiscal year 2022, $400,000,000, to re- able for such purposes, there is appropriated
(II) employ individuals for primary prod- main available until September 30, 2022; to the Fund established in subsection (c)(1),
ucts and parts manufacturing activities (B) for fiscal year 2023, $400,000,000, to re- out of amounts in the Treasury not other-
that, combined, account for not less than 5 main available until September 30, 2023; wise appropriated—
percent of manufacturing employment in the (C) for fiscal year 2024, $400,000,000, to re- (i) for fiscal year 2022, $100,000,000, to re-
United States; and main available until September 30, 2024; main available until September 30, 2026;
(ii) may include any other manufacturing (D) for fiscal year 2025, $400,000,000, to re- (ii) for fiscal year 2023, $100,000,000, to re-
industry designated by the Secretary based main available until September 30, 2025; and main available until September 30, 2027;
on the relevance of the manufacturing indus- (E) for fiscal year 2026, $400,000,000, to re- (iii) for fiscal year 2024, $100,000,000, to re-
try to the national and economic security of main available until September 30, 2026. main available until September 30, 2028;
the United States, including the impacts of (3) ALLOCATION AUTHORITY.— (iv) for fiscal year 2025, $100,000,000, to re-
job losses. (A) SUBMISSION OF COST ESTIMATES.—The main available until September 30, 2029; and
(F) In this paragraph, the term ‘‘mature President shall submit to Congress detailed (v) for fiscal year 2026, $100,000,000, to re-
technology node’’ has the meaning given the account, program element, and project allo- main available until September 30, 2030.
term by the Secretary of Commerce. cations of the full amount made available (B) In carrying out this subsection, the
(4) ALLOCATION AUTHORITY.— under subsection (b)(2)— Secretary of State may use up to $5,000,000 of
(A) SUBMISSION OF COST ESTIMATES.—The (i) for fiscal year 2022, not later than 90 the amounts made available in each fiscal
President shall submit to Congress detailed days after the date of enactment of this Act; year for the Fund for salaries and expenses,
account, program, and project allocations of and administration, and oversight purposes, of
the full amount made available under sub- (ii) for each fiscal year through 2026, as which $500,000 in each of fiscal years 2022
section (a)(2)— part of the annual budget submission of the through 2026 shall be transferred to the Of-
(i) for fiscal year 2022, not later than 90 President under section 1105(a) of title 31, fice of Inspector General of the Department
days after the date of enactment of this Act; United States Code. of State to oversee expenditures under the
and (B) ALTERNATE ALLOCATION.— Fund.
(ii) for each fiscal year through 2026, as (i) IN GENERAL.—The Committees on Ap- (3) ALLOCATION AUTHORITY.—
part of the annual budget submission of the propriations of the House of Representatives (A) SUBMISSION OF COST ESTIMATES.—The
President under section 1105(a) of title 31, and the Senate may provide for alternate al- President shall submit to Congress detailed
United States Code. location of amounts made available under account, program, project, and activity allo-
(B) ALTERNATE ALLOCATION.— subsection (b)(2), including by account, pro- cations of the full amount made available
(i) IN GENERAL.—The Committees on Ap- gram element, and project. under subsection (c)(2)—
propriations of the House of Representatives (ii) ALLOCATION BY PRESIDENT.— (i) for fiscal year 2022, not later than 90
and the Senate may provide for alternate al- (I) NO ALTERNATE ALLOCATIONS.—If Con- days after the date of enactment of this Act;
location of amounts made available under gress has not enacted legislation estab- and
subsection (a)(2), including by account, pro- lishing alternate allocations, including by (ii) for each fiscal year through 2026, as
gram, and project. account, program element, and project, by part of the annual budget submission of the
(ii) ALLOCATION BY PRESIDENT.— the date on which the Act making full-year President under section 1105(a) of title 31,
(I) NO ALTERNATE ALLOCATIONS.—If Con- appropriations for the Department of De- United States Code.
gress has not enacted legislation estab- fense for the applicable fiscal year is enacted (B) ALTERNATE ALLOCATION.—
lishing alternate allocations, including by into law, only then shall amounts made (i) IN GENERAL.—The Committees on Ap-
account, program, and project, by the date available under subsection (b)(2) be allocated propriations of the House of Representatives
on which the Act making full-year appro- by the President or apportioned or allotted and the Senate may provide for alternate al-
priations for the Department of Commerce, by account, program element, and project location of amounts made available under
Justice, Science, and Related Agencies for pursuant to title 31, United States Code. subsection (c)(2), including by account, pro-
the applicable fiscal year is enacted into law, (II) INSUFFICIENT ALTERNATE ALLOCATION.— gram, project, and activity.
only then shall amounts made available If Congress enacts legislation establishing (ii) ALLOCATION BY PRESIDENT.—
under subsection (a)(2) be allocated by the alternate allocations, including by account, (I) NO ALTERNATE ALLOCATIONS.—If Con-
ctelli on DSK11ZRN23PROD with SENATE
President or apportioned or allotted by ac- program element, and project, for amounts gress has not enacted legislation estab-
count, program, and project pursuant to title made available under subsection (b)(2) that lishing alternate allocations, including by
31, United States Code. are less than the full amount appropriated account, program, project, and activity, by
(II) INSUFFICIENT ALTERNATE ALLOCATION.— under that subsection, the difference be- the date on which the Act making full-year
If Congress enacts legislation establishing tween the amount appropriated and the al- appropriations for the Department of State,
alternate allocations, including by account, ternate allocation shall be allocated by the Foreign Operations, and Related Programs
program, and project, for amounts made President and apportioned and allotted by for the applicable fiscal year is enacted into
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2587
law, only then shall amounts made available and the Senate may provide for alternate al- Sec. 2117. Authorization of appropriations
under subsection (c)(2) be allocated by the location of amounts recommended for alloca- for the Department of Energy.
President or apportioned or allotted by ac- tion in a given fiscal year from amounts TITLE II—NSF RESEARCH, STEM, AND
count, program, project, and activity pursu- made available under subsection (a), includ- GEOGRAPHIC DIVERSITY INITIATIVES
ant to title 31, United States Code. ing by account, program, and project. Sec. 2201. Chief Diversity Officer of the NSF.
(II) INSUFFICIENT ALTERNATE ALLOCATION.— (B) ALLOCATION BY PRESIDENT.— Sec. 2202. Programs to address the STEM
If Congress enacts legislation establishing (i) NO ALTERNATE ALLOCATIONS.—If Con- workforce.
alternate allocations, including by account, gress has not enacted legislation estab- Sec. 2203. Emerging research institution
program, project, and activity, for amounts lishing alternate allocations, including by pilot program.
made available under subsection (c)(2) that account, program, and project, by the date Sec. 2204. Personnel management authori-
are less than the full amount appropriated on which the Act making full-year appro- ties for the Foundation.
under that subsection, the difference be- priations for the Departments of Commerce Sec. 2205. Advanced Technological Manufac-
tween the amount appropriated and the al- and Justice, Science, and Related Agencies turing Act.
ternate allocation shall be allocated by the for the applicable fiscal year is enacted into Sec. 2206. Intramural emerging institutions
President and apportioned and allotted by law, only then shall amounts recommended pilot program.
account, program, project, and activity pur- for allocation for that fiscal year from Sec. 2207. Public-private partnerships.
suant to title 31, United States Code. amounts made available under subsection (a) Sec. 2208. AI Scholarship-for-Service Act.
(d) SEQUESTRATION.—Section 255(g)(1)(A) of be allocated by the President or apportioned Sec. 2209. Geographic diversity.
the Balanced Budget and Emergency Deficit or allotted by account, program, and project Sec. 2210. Rural STEM Education Act.
Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is pursuant to title 31, United States Code. Sec. 2211. Quantum Network Infrastructure
amended by inserting after ‘‘Continuing (ii) INSUFFICIENT ALTERNATE ALLOCATION.— and Workforce Development
Fund, Southwestern Power Administration If Congress enacts legislation establishing Act.
(89–5649–0–2–271).’’ the following: alternate allocations, including by account, Sec. 2212. Supporting Early-Career Re-
‘‘Creating Helpful Incentives to Produce program, and project, for amounts rec- searchers Act.
Semiconductors (CHIPS) for America Fund. ommended for allocation in a given fiscal Sec. 2213. Advancing Precision Agriculture
‘‘Creating Helpful Incentives to Produce year from amounts made available under Capabilities Act.
Semiconductors (CHIPS) for America De- subsection (a) that are less than the full Sec. 2214. Critical minerals mining research.
fense Fund. amount recommended for allocation for that Sec. 2215. Caregiver policies.
‘‘Creating Helpful Incentives to Produce fiscal year, the difference between the Sec. 2216. Presidential awards.
Semiconductors (CHIPS) for America Inter- amount recommended for allocation and the Sec. 2217. Bioeconomy Research and Devel-
national Technology Security and Innova- alternate allocation shall be allocated by the opment Act of 2021.
tion Fund.’’. President and apportioned and allotted by Sec. 2218. Microgravity utilization policy.
(e) EMERGENCY DESIGNATION.— account, program, and project pursuant to TITLE III—RESEARCH SECURITY
(1) IN GENERAL.—The amounts provided title 31, United States Code. Sec. 2301. National Science Foundation re-
under this section are designated as an emer- (d) SEQUESTRATION.—Section 255(g)(1)(A) of search security.
gency requirement pursuant to section 4(g) the Balanced Budget and Emergency Deficit Sec. 2302. Research security and integrity
of the Statutory Pay-As-You-Go Act of 2010 Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is information sharing analysis
(2 U.S.C. 933(g)). amended by inserting after ‘‘Postal Service organization.
(2) DESIGNATION IN SENATE.—In the Senate, Fund (18–4020–0–3–372).’’ the following: Sec. 2303. Foreign government talent re-
this section is designated as an emergency ‘‘Public Wireless Supply Chain Innovation cruitment program prohibition.
requirement pursuant to section 4112(a) of H. Fund.’’. Sec. 2304. Additional requirements for Direc-
Con. Res. 71 (115th Congress), the concurrent (e) EMERGENCY DESIGNATION.— torate research security.
resolution on the budget for fiscal year 2018. (1) IN GENERAL.—The amounts provided Sec. 2305. Protecting research from cyber
SEC. 1003. APPROPRIATIONS FOR WIRELESS SUP- under this section are designated as an emer- theft.
PLY CHAIN INNOVATION. gency requirement pursuant to section 4(g) Sec. 2306. International standards develop-
(a) DIRECT APPROPRIATIONS.—In addition to of the Statutory Pay-As-You-Go Act of 2010 ment.
amounts otherwise available for such pur- (2 U.S.C. 933(g)). Sec. 2307. Research funds accounting.
poses, there is appropriated to the Public (2) DESIGNATION IN SENATE.—In the Senate, Sec. 2308. Plan with respect to sensitive or
Wireless Supply Chain Innovation Fund es- this section is designated as an emergency controlled information and
tablished under section 9202(a)(1) of the Wil- requirement pursuant to section 4112(a) of H. background screening.
liam M. (Mac) Thornberry National Defense Con. Res. 71 (115th Congress), the concurrent
Authorization Act for Fiscal Year 2021 (Pub- TITLE IV—REGIONAL INNOVATION
resolution on the budget for fiscal year 2018. CAPACITY
lic Law 116–283), out of amounts in the Treas-
ury not otherwise appropriated, $1,500,000,000 DIVISION B—ENDLESS FRONTIER ACT Sec. 2401. Regional technology hubs.
for fiscal year 2022, to remain available SEC. 2001. SHORT TITLE; TABLE OF CONTENTS. Sec. 2402. Manufacturing USA Program.
through September 30, 2031. (a) SHORT TITLE.—This division may be Sec. 2403. Establishment of expansion
(b) USE OF FUNDS, ADMINISTRATION, AND cited as the ‘‘Endless Frontier Act’’. awards program in Hollings
OVERSIGHT.—Of the amounts made available (b) TABLE OF CONTENTS.—The table of con- Manufacturing Extension Part-
under subsection (a)— tents of this division is as follows: nership and authorization of ap-
(1) not more than 5 percent of the amounts DIVISION B—ENDLESS FRONTIER ACT propriations for the Partner-
allocated pursuant to subsection (c) in a ship.
Sec. 2001. Short title; table of contents.
given fiscal year may be used by the Assist- Sec. 2404. National Manufacturing Advisory
Sec. 2002. Definitions.
ant Secretary of Commerce for Communica- Sec. 2003. Sense of Congress. Council.
tions and Information to administer the pro- Sec. 2004. Interagency working group. TITLE V—MISCELLANEOUS
grams funded from the Public Wireless Sup- Sec. 2005. Key technology focus areas. Sec. 2501. Strategy and report on economic
ply Chain Innovation Fund; and TITLE I—NSF TECHNOLOGY AND security, science, research, and
(2) not less than $2,000,000 per fiscal year INNOVATION innovation to support the na-
shall be transferred to the Office of Inspector tional security strategy.
General of the Department of Commerce for Sec. 2101. Definitions.
Sec. 2102. Directorate establishment and Sec. 2502. Person or entity of concern prohi-
oversight related to activities conducted bition.
purpose.
using amounts provided under this section. Sec. 2503. Study on emerging science and
(c) ALLOCATION AUTHORITY.— Sec. 2103. Personnel management.
Sec. 2104. Innovation centers. technology challenges faced by
(1) SUBMISSION OF COST ESTIMATES.—The the United States and rec-
Sec. 2105. Transition of NSF programs.
President shall submit to Congress detailed Sec. 2106. Providing scholarships, fellow- ommendations to address them.
account, program, and project allocations of ships, and other student sup- Sec. 2504. Report on global semiconductor
the amount recommended for allocation in a port. shortage.
fiscal year from amounts made available Sec. 2107. Research and development. Sec. 2505. Supply chain resiliency program.
under subsection (a)— Sec. 2108. Test beds. Sec. 2506. Semiconductor incentives.
(A) for fiscal year 2022, not later than 90 Sec. 2109. Academic technology transfer. Sec. 2507. Research Investment to Spark the
days after the date of enactment of this Act; Sec. 2110. Capacity-building program for de- Economy Act.
and veloping universities. Sec. 2508. Office of Manufacturing and Indus-
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(B) for each subsequent fiscal year through Sec. 2111. Technical assistance. trial Innovation Policy.
2031, as part of the annual budget submission Sec. 2112. Coordination of activities. Sec. 2509. Telecommunications Workforce
of the President under section 1105(a) of title Sec. 2113. Reporting requirements. Training Grant Program.
31, United States Code. Sec. 2114. Hands-on learning program. Sec. 2510. Country Of Origin Labeling Online
(2) ALTERNATE ALLOCATION.— Sec. 2115. Intellectual property protection. Act.
(A) IN GENERAL.—The Committees on Ap- Sec. 2116. Authorization of appropriations Sec. 2511. Country of origin labeling for king
propriations of the House of Representatives for the Foundation. crab and tanner crab.
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S2588 CONGRESSIONAL RECORD — SENATE May 18, 2021
Sec. 2512. Internet exchanges and submarine Sec. 2628. Stepping stone approach to explo- Sec. 2678. Consideration of issues related to
cables. ration. contracting with entities re-
Sec. 2513. Study of sister city partnerships Sec. 2629. Technical amendments relating to ceiving assistance from or af-
operating within the United Artemis missions. filiated with the People’s Re-
States involving foreign com- PART III—SCIENCE public of China.
munities in countries with sig- Sec. 2679. Small satellite launch services
Sec. 2631. Science priorities.
nificant public sector corrup- Sec. 2632. Lunar discovery program. program.
tion. Sec. 2680. 21st century space launch infra-
Sec. 2633. Search for life.
Sec. 2514. Prohibition on transfer, assign- Sec. 2634. James Webb Space Telescope. structure.
ment, or disposition of con- Sec. 2681. Missions of national need.
Sec. 2635. Nancy Grace Roman Space Tele-
struction permits and station Sec. 2682. Drinking water well replacement
scope.
licenses to entities subject to for Chincoteague, Virginia.
Sec. 2636. Study on satellite servicing for Sec. 2683. Passenger carrier use.
undue influence by the Chinese science missions.
Communist Party or the Gov- Sec. 2684. Use of commercial near-space bal-
Sec. 2637. Earth science missions and pro- loons.
ernment of the People’s Repub- grams.
lic of China. Sec. 2685. President’s Space Advisory Board.
Sec. 2638. Life science and physical science Sec. 2686. Initiative on technologies for
Sec. 2515. Limitation on nuclear cooperation research.
with the People’s Republic of noise and emissions reductions.
Sec. 2639. Science missions to Mars. Sec. 2687. Remediation of sites contami-
China. Sec. 2640. Planetary Defense Coordination
Sec. 2516. Certification. nated with trichloroethylene.
Office. Sec. 2688. Review on preference for domestic
Sec. 2517. Fairness and due process in stand- Sec. 2641. Suborbital science flights.
ards-setting bodies. suppliers.
Sec. 2642. Earth science data and observa- Sec. 2689. Report on use of commercial
Sec. 2518. Shark fin sales elimination. tions.
Sec. 2519. Sense of Congress on forced labor. spaceports licensed by the Fed-
Sec. 2643. Sense of Congress on small sat- eral Aviation Administration.
Sec. 2520. Open network architecture. ellite science.
Sec. 2521. Combatting sexual harassment in Sec. 2690. Active orbital debris mitigation.
Sec. 2644. Sense of Congress on commercial Sec. 2691. Study on commercial communica-
science. space services.
Sec. 2522. National Science Corps. tions services.
Sec. 2645. Procedures for identifying and ad- SEC. 2002. DEFINITIONS.
Sec. 2523. Annual report on foreign research. dressing alleged violations of
Sec. 2524. Accelerating Unmanned Maritime Unless otherwise specified, in this division:
scientific integrity policy. (1) APPRENTICESHIP.—The term ‘‘appren-
Systems Research.
Sec. 2525. Foundation funding to institu- PART IV—AERONAUTICS ticeship’’ means an apprenticeship registered
tions hosting or supporting con- Sec. 2646. Short title. under the Act of August 16, 1937 (commonly
fucius institutes. Sec. 2647. Definitions. known as the ‘‘National Apprenticeship
Sec. 2526. Supporting documents. Sec. 2648. Experimental aircraft projects. Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et
Sec. 2527. BASIC Research. Sec. 2649. Unmanned aircraft systems. seq.) that meets the standards of subpart A
TITLE VI—SPACE MATTERS Sec. 2650. 21st Century Aeronautics Capabili- of part 29 and part 30 of title 29, Code of Fed-
ties Initiative. eral Regulations.
Subtitle A—SPACE Act
Sec. 2651. Sense of Congress on on-demand (2) DIRECTOR.—The term ‘‘Director’’ means
Sec. 2601. Short title. air transportation. the Director of the National Science Founda-
Sec. 2602. Sense of Congress. Sec. 2652. Sense of Congress on hypersonic tion.
Sec. 2603. Definitions. technology research. (3) DIRECTORATE.—The term ‘‘Directorate’’
Sec. 2604. Space situational awareness data,
PART V—SPACE TECHNOLOGY means the Directorate for Technology and
information, and services: pro-
Sec. 2653. Space Technology Mission Direc- Innovation established under section 2102.
vision to non-United States
torate. (4) EMERGING RESEARCH INSTITUTION.—The
Government entities.
Sec. 2605. Centers of Excellence for Space Sec. 2654. Flight opportunities program. term ‘‘emerging research institution’’ means
Situational Awareness. Sec. 2655. Small Spacecraft Technology Pro- an institution of higher education with an
gram. established undergraduate or graduate pro-
Subtitle B—National Aeronautics and Space gram that has, on average for the 3 years
Sec. 2656. Nuclear propulsion technology.
Administration Authorization Act prior to an application for an award under
Sec. 2657. Mars-forward technologies.
Sec. 2611. Short title. Sec. 2658. Prioritization of low-enriched ura- this division, received less than $50,000,000 in
Sec. 2612. Definitions. nium technology. Federal research funding.
PART I—AUTHORIZATION OF APPROPRIATIONS Sec. 2659. Sense of Congress on next-genera- (5) EPSCOR.—The term ‘‘EPSCoR’’ means
Sec. 2613. Authorization of appropriations. tion communications tech- the Established Program to Stimulate Com-
PART II—HUMAN SPACEFLIGHT AND nology. petitive Research under section 113 of the
EXPLORATION Sec. 2660. Lunar surface technologies. National Science Foundation Authorization
PART VI—STEM ENGAGEMENT Act of 1988 (42 U.S.C. 1862g).
Sec. 2614. Competitiveness within the
Sec. 2661. Sense of Congress. (6) FOUNDATION.—The term ‘‘Foundation’’
human landing system pro-
Sec. 2662. STEM education engagement ac- means the National Science Foundation.
gram.
tivities. (7) HISTORICALLY BLACK COLLEGE OR UNI-
Sec. 2615. Space launch system configura-
VERSITY.—The term ‘‘historically Black col-
tions. Sec. 2663. Skilled technical education out-
reach program. lege or university’’ has the meaning given
Sec. 2616. Advanced spacesuits.
Sec. 2617. Acquisition of domestic space the term ‘‘part B institution’’ in section 322
PART VII—WORKFORCE AND INDUSTRIAL BASE of the Higher Education Act of 1965 (20 U.S.C.
transportation and logistics re- Sec. 2665. Appointment and compensation
supply services. 1061).
pilot program. (8) INSTITUTION OF HIGHER EDUCATION.—The
Sec. 2618. Rocket engine test infrastructure.
Sec. 2666. Establishment of multi-institu- term ‘‘institution of higher education’’ has
Sec. 2619. Pearl River maintenance.
tion consortia. the meaning given the term in section 101 of
Sec. 2620. Value of International Space Sta-
Sec. 2667. Expedited access to technical tal- the Higher Education Act of 1965 (20 U.S.C.
tion and capabilities in low-
ent and expertise. 1001).
Earth orbit.
Sec. 2668. Report on industrial base for civil (9) KEY TECHNOLOGY FOCUS AREAS.—The
Sec. 2621. Extension and modification relat-
space missions and operations. term ‘‘key technology focus areas’’ means
ing to International Space Sta-
Sec. 2669. Separations and retirement incen- the areas included on the most recent list
tion.
tives. under section 2005.
Sec. 2622. Department of Defense activities
Sec. 2670. Confidentiality of medical quality (10) MINORITY-SERVING INSTITUTION.—The
on International Space Station.
assurance records. term ‘‘minority-serving institution’’ means
Sec. 2623. Commercial development in low-
Earth orbit. PART VIII—MISCELLANEOUS PROVISIONS an institution described in section 371(a) of
Sec. 2624. Maintaining a national laboratory Sec. 2671. Contracting authority. the Higher Education Act of 1965 (20 U.S.C.
in space. Sec. 2672. Authority for transaction proto- 1067q(a)).
Sec. 2625. International Space Station na- type projects and follow-on pro- (11) NATIONAL LABORATORY.—The term
tional laboratory; property duction contracts. ‘‘National Laboratory’’, without respect to
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rights in inventions. Sec. 2673. Protection of data and informa- capitalization, has the meaning given the
Sec. 2626. Data first produced during non- tion from public disclosure. term in section 2 of the Energy Policy Act of
NASA scientific use of the ISS Sec. 2674. Physical security modernization. 2005 (42 U.S.C. 15801).
national laboratory. Sec. 2675. Lease of non-excess property. (12) STEM.—The term ‘‘STEM’’ means the
Sec. 2627. Payments received for commercial Sec. 2676. Cybersecurity. academic and professional disciplines of
space-enabled production on Sec. 2677. Limitation on cooperation with science, technology, engineering, and mathe-
the ISS. the People’s Republic of China. matics, including computer science.
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2589
SEC. 2003. SENSE OF CONGRESS. (2) the activities of the Department of with the interagency working group estab-
It is the sense of Congress that— Commerce under this division, including re- lished under section 2004 and in consultation
(1) the National Science Foundation, the gional technology hubs under section 28 of with the Director of National Intelligence
Department of Energy and its National Lab- the Stevenson-Wydler Act of 1980 (15 U.S.C. and the Director of the Federal Bureau of In-
oratories, and other key Federal agencies 13701 et seq.), as added by section 2401 of this vestigation, shall annually review, and up-
have carried out vital work supporting basic division, the Manufacturing USA Program date as required, the list of key technology
and applied research to create knowledge established under section 34(b)(1) of the Na- focus areas for purposes of this division.
that is a key driver of the economy of the tional Institute of Standards and Technology (b) ANNUAL REVIEW.—As part of the annual
United States and a critical component of Act (15 U.S.C. 278s(b)(1)), and the Hollings review and update process required by sec-
national security; Manufacturing Extension Partnership; tion 2005(a)(2), the Director of the National
(2) openness to diverse perspectives and a (3) the activities of the Department of En- Science Foundation and the Secretary of En-
focus on freedom from censorship and polit- ergy in the key technology focus areas, in- ergy, in coordination with the interagency
ical bias will continue to make educational cluding at the national laboratories, and at working group established under section
and research institutions in the United Federal laboratories, as defined in section 4 2004—
States beacons to thousands of students of the Stevenson-Wydler Technology Innova- (1) shall consider input from relevant in-
from across the world; tion Act of 1980 (15 U.S.C. 3703), and facilities dustries;
(3) increasing research and technology and user facilities operated in partnership (2) may consider the challenges and rec-
transfer investments, building regional ca- with such national laboratories or the De- ommendations identified in the report re-
pacity and reducing geographic disparity, partment of Energy; and quired by section 2503 and in other relevant
strengthening supply chains, and increasing (4) any other program that the Director of reports, such as technology and global trend
capabilities in key technology focus areas the Office of Science and Technology Policy reports from the defense and intelligence
will enhance the competitive advantage and determines involves research and develop- communities;
leadership of the United States in the global ment with respect to the key technology (3) shall consider the potential impact of
economy; focus areas. the key technology focus areas on addressing
(4) the Federal Government must utilize (d) REPORT.—The interagency working national challenges, including competitive
the full talent and potential of the entire Na- group shall— and security threats to the United States
tion by avoiding undue geographic con- (1) by not later than 180 days after the date and to United States industries, including
centration of research and education fund- of enactment of this division— agriculture; and
ing, encouraging broader participation of (A) conduct an initial review of Federal (4) subject to the limitation under sub-
populations underrepresented in STEM, and programs and resources with respect to the section (c), may add or delete key tech-
collaborating with non-government partners key technology focus areas identified pursu- nology focus areas in light of shifting na-
to ensure the leadership of the United States ant to section 2005(a), in order to— tional needs or competitive threats to the
in technological innovation; and (i) assess current level of efforts and char- United States (including for reasons of the
(5) authorization and funding for invest- acterize existing research infrastructure, as United States or other countries having ad-
ments in research, education, technology of the date of the review; vanced or fallen behind in a technological
transfer, intellectual property, manufac- (ii) identify potential areas of overlap or area).
turing, and other core strengths of the duplication with respect to the key tech- (c) LIMIT ON KEY TECHNOLOGY FOCUS
United States innovation ecosystem, includ- nology focus areas; and AREAS.—Not more than 10 key technology
ing at the National Science Foundation and (iii) identify potential cross-agency col- focus areas shall be included on the list of
the Department of Energy, should be done on laborations and joint funding opportunities; key technology focus areas at any time. En-
gineering and exploration relevant to the
a bipartisan basis. and
other key technology focus areas described
SEC. 2004. INTERAGENCY WORKING GROUP. (B) submit a report regarding the review
in this section shall be considered part of the
(a) ESTABLISHMENT.—The Director of the described in subparagraph (A) to Congress;
relevant key technology focus area.
Office of Science and Technology Policy, act- and (d) REPORTING.—At the conclusion of the
ing through the National Science and Tech- (C) seek stakeholder input and rec- annual review and update process required
nology Council, shall establish or designate ommendations in the course of such review; by section 2005(a)(2), the Director and the
an interagency working group to coordinate and Secretary of Energy shall deliver a report to
the activities specified in subsection (c). (2) shall carry out the annual reviews and Congress detailing—
(b) COMPOSITION.—The interagency work- updates required under section 2005. (1) the key technology focus areas and ra-
ing group shall be composed of the following (e) CONFLICTS.—If any conflicts between tionale for their selection;
members (or their designees), who may be or- Federal agencies arise while carrying out the (2) the role of the Foundation, the Depart-
ganized into subcommittees, as appropriate: activities under this section, the President ment of Energy, and other Federal entities,
(1) The Secretary of Commerce. shall make the final decision regarding reso- as relevant, in advancing the key technology
(2) The Director of the National Science lution of the conflict. focus areas; and
Foundation. SEC. 2005. KEY TECHNOLOGY FOCUS AREAS. (3) the impact, including to the academic
(3) The Secretary of Energy. (a) IN GENERAL.— research community, of any changes to the
(4) The Secretary of Defense. (1) INITIAL LIST.—The initial key tech- key technology focus areas.
(5) The Director of the National Economic nology focus areas are: (e) DETAILED DESCRIPTION.—The National
Council. (A) Artificial intelligence, machine learn- Science Foundation and the Department of
(6) The Director of the Office of Manage- ing, autonomy, and related advances. Energy shall, in coordination with the Office
ment and Budget. (B) High performance computing, semi- of Management and Budget, submit as part
(7) The Secretary of Health and Human conductors, and advanced computer hard- of their annual budget requests to Congress,
Services. ware and software. a detailed description of the activities to be
(8) The Administrator of the National Aer- (C) Quantum information science and tech- funded under this division, including an ex-
onautics and Space Administration. nology. planation of how the requested funding is
(9) The Secretary of Agriculture. (D) Robotics, automation, and advanced complementary and not redundant of pro-
(10) The Director of National Intelligence. manufacturing. grams, efforts, and infrastructure under-
(11) The Director of the Federal Bureau of (E) Natural and anthropogenic disaster taken or supported by other relevant Federal
Investigation. prevention or mitigation. agencies.
(12) Such other Federal officials as the Di- (F) Advanced communications technology (f) NATIONAL ACADEMIES.—Not later than 5
rector of the Office of Science and Tech- and immersive technology. years after the date of enactment of this di-
nology Policy considers appropriate, includ- (G) Biotechnology, medical technology, vision, the Director shall contract with the
ing members of the National Science and genomics, and synthetic biology. National Academies of Sciences, Engineer-
Technology Council Committee on Tech- (H) Data storage, data management, dis- ing, and Medicine to conduct a review of the
nology. tributed ledger technologies, and cybersecu- key technology focus areas, including wheth-
(c) COORDINATION.—The interagency work- rity, including biometrics. er Federal investment in the key technology
ing group shall seek to ensure that the ac- (I) Advanced energy and industrial effi- focus areas have resulted in new domestic
tivities of different Federal agencies enhance ciency technologies, such as batteries and manufacturing capacity and job creation.
and complement, but, as appropriate, do not advanced nuclear technologies, including but TITLE I—NSF TECHNOLOGY AND
duplicate, efforts being carried out by an- not limited to for the purposes of electric INNOVATION
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other Federal agency, with a focus on— generation (consistent with section 15 of the SEC. 2101. DEFINITIONS.
(1) the activities of the National Science National Science Foundation Act of 1950 (42 In this title:
Foundation Technology and Innovation Di- U.S.C. 1874). (1) DESIGNATED COUNTRY.—
rectorate in the key technology focus areas, (J) Advanced materials science, including (A) IN GENERAL.—The term ‘‘designated
such as within the innovation centers under composites and 2D materials. country’’—
section 2104 and test beds under section 2108 (2) REVIEW AND UPDATES.—The Director (i) except as provided in clause (ii),
under this division; and the Secretary of Energy, in coordination means—
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S2590 CONGRESSIONAL RECORD — SENATE May 18, 2021
(I) Australia; (5) Utilizing the full potential of the (2) QUALIFICATIONS.—Each Assistant Direc-
(II) Canada; United States workforce by avoiding undue tor for the Directorate shall be an indi-
(III) New Zealand; geographic concentration of research and de- vidual, who by reason of professional back-
(IV) the United Kingdom; velopment and education funding across the ground and experience, is specially qualified
(V) the State of Israel; United States, and encouraging broader par- to advise the Foundation on all matters per-
(VI) Taiwan; and ticipation in the key technology focus areas taining to research, development, and com-
(VII) any other country that has been ap- by populations underrepresented in STEM. mercialization at the Foundation, including
proved and designated in writing by the (6) Ensuring the programmatic work of the partnerships with the private sector and
President for purposes of this division, after Directorate and Foundation incorporates a other users of Foundation funded research.
providing— workforce perspective from labor organiza- (e) CONSIDERATIONS.—After completion of
(aa) not less than 30 days of advance notifi- tions and workforce training organizations. the studies regarding emerging technologies
cation and explanation to the relevant con- (c) ACTIVITIES.—The Directorate— conducted by the Secretary of Commerce
gressional committees before the designa- (1) shall support basic and applied re- under title XV of division FF of the Consoli-
tion; and search, and technology development of such dated Appropriations Act, 2021 (Public Law
(bb) in-person briefings to such commit- research, including through awards to indi- 116-260), the Director shall consider the re-
tees, if requested during the 30-day advance vidual researchers, entities, or consortia and sults of such studies in carrying out the ac-
notification period described in item (aa); through diverse funding mechanisms and tivities of the Directorate.
and models;
(ii) excludes any country that takes ac- SEC. 2103. PERSONNEL MANAGEMENT.
(2) shall identify and develop opportunities
tions to boycott, divest from, or sanction to coordinate and collaborate on research, (a) PERSONNEL.—The Director shall estab-
Israel. development, and commercialization— lish and maintain within the Directorate a
(B) ACTIONS TO BOYCOTT, DIVEST FROM, OR (A) with other directorates and offices of staff with sufficient qualifications and exper-
SANCTION ISRAEL.—For purposes of subpara- tise to enable the Directorate to carry out
the Foundation;
graph (A)(ii), the term ‘‘actions to boycott, (B) with stakeholders in academia, the pri- its responsibilities under this title.
divest from, or sanction Israel’’ has the vate sector, and nonprofit entities; and (b) PROGRAM DIRECTORS.—
meaning given such term in section (1) DESIGNATION.—The Director may des-
(C) with other Federal research agencies,
102(b)(20)(B) of the Bipartisan Congressional ignate employees to serve as program direc-
as well as State and local governments;
Trade Priorities and Accountability Act of tors for the programs established within the
(3) shall provide awards for research and
2015 (19 U.S.C. 4201(b)(20)(B)). Directorate pursuant to the responsibilities
development projects designed to achieve
(2) LABOR ORGANIZATION.—The term ‘‘labor established under paragraph (2). The Direc-
specific technology metrics or objectives;
organization’’ has the meaning given the tor shall ensure that program directors—
(4) may support research and technology
term in section 2(5) of the National Labor
development infrastructure, including (A) have expertise in the key technology
Relations Act (29 U.S.C. 152(5)), except that
testbeds, to advance the development, oper- focus areas; and
such term shall also include—
ation, integration, and deployment of inno- (B) come from a variety of backgrounds,
(A) any organization composed of labor or-
vation; including industry, and from a variety of in-
ganizations, such as a labor union federation
(5) shall identify and develop opportunities stitutions of higher education.
or a State or municipal labor body; and
to reduce barriers for technology transfer, (2) RESPONSIBILITIES.—A program director
(B) any organization which would be in-
including intellectual property frameworks of a program of the Directorate shall be re-
cluded in the definition for such term under
between academia and industry, nonprofit sponsible for—
such section 2(5) but for the fact that the or-
entities, and the venture capital commu- (A) establishing research and development
ganization represents—
nities; goals for the program, including through the
(i) individuals employed by the United
(6) shall build capacity for research at in- convening of workshops and conferring with
States, any wholly owned Government cor-
stitutions of higher education across the outside experts and by publicizing the goals
poration, any Federal Reserve Bank, or any
United States; of the program to the public and private sec-
State or political subdivision thereof;
(7) shall partner with other directorates tors;
(ii) individuals employed by persons sub-
and offices of the Foundation for projects or (B) soliciting proposals from entities to
ject to the Railway Labor Act (45 U.S.C. 151
research, including— conduct research in areas of particular prom-
et seq.); or
(A) to pursue basic questions about nat- ise within key technology focus areas, espe-
(iii) individuals employed as agricultural
ural, human, and physical phenomena that cially areas that the private sector or the
laborers.
could enable advances in the key technology Federal Government are not likely to under-
(3) NATIONAL LABORATORY.—The term ‘‘Na-
focus areas; take alone;
tional Laboratory’’ has the meaning given
(B) to study questions that could affect the (C) identifying areas for research and de-
the term in section 2 of the Energy Policy
design (including human interfaces), safety, velopment;
Act of 2005 (42 U.S.C. 15801).
security, operation, deployment, or the so- (D) building research collaborations for
(4) TRIBAL COLLEGE OR UNIVERSITY.—The
cial and ethical consequences of technologies carrying out the program;
term ‘‘Tribal College or University’’ has the
in the key technology focus areas, including (E) reviewing applications for projects to
meaning given the term in section 316(b)(3)
the development of technologies that com- be supported under the program, and consid-
of the Higher Education Act of 1965 (20 U.S.C.
plement or enhance the abilities of workers ering—
1059c(b)(3)).
and impact of specific innovations on domes- (i) the novelty and scientific and technical
SEC. 2102. DIRECTORATE ESTABLISHMENT AND
tic jobs and equitable opportunity; and merit of the proposed projects;
PURPOSE.
(C) to further the creation of a domestic (ii) broader impacts criteria under section
(a) ESTABLISHMENT OF DIRECTORATE FOR
workforce capable of advancing, using, and 526 of the National Science Foundation Au-
TECHNOLOGY AND INNOVATION.—Subject to
the availability of appropriations and not adapting to key technology focus areas and thorization Act of 2010 (42 U.S.C. 1862p–14);
later than 180 days after the date of enact- understanding and improving the impact of (iii) the demonstrated capabilities of the
ment of this division, the Director shall es- key technology focus areas on STEM teach- applicants to successfully carry out the pro-
tablish a Directorate for Technology and In- ing and learning by advancing the key tech- posed project;
novation in the Foundation. nology focus areas, including engaging rel- (iv) the consideration by the applicant of
(b) PURPOSES.—The Directorate shall fur- evant partners in research and innovation future commercial applications of the
ther the following purposes: programs; project, including the feasibility of
(1) Strengthening the leadership of the (8) may make awards under the SBIR and partnering with 1 or more commercial enti-
United States in critical technologies, in- STTR programs (as defined in section 9(e) of ties; and
cluding as relevant to the critical national the Small Business Act (15 U.S.C. 638(e)); and (v) such other criteria as are established by
needs described in section 7018 of the Amer- (9) may enter into and perform such con- the Director; and
ica COMPETES Act (42 U.S.C. 1862o–5). tracts, make such financial assistance (F) monitoring the progress of projects
(2) Addressing and mitigating technology awards, carry out such other transactions, or supported under the program and recom-
challenges integral to the geostrategic posi- make such other arrangements, or modifica- mending program restructure or termi-
tion of the United States through the activi- tions thereof, as may be necessary in the nation, as needed.
ties authorized by this title. conduct of the work of the Directorate and (3) TERMS.—Program directors of the Di-
(3) Enhancing the competitiveness of the on such terms as the Director considers ap- rectorate may be appointed by the Director
United States by improving education in the propriate, in furtherance of the purposes of for a limited term, renewable at the discre-
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key technology focus areas and attracting this title. tion of the Director.
more students to such areas at all levels of (d) ASSISTANT DIRECTOR.— (c) SELECTION CRITERIA AND REPORT.—
education. (1) APPOINTMENT.—The Director shall ap- (1) PEER REVIEW.—The Directorate may use
(4) Accelerating the translation and devel- point an Assistant Director for the Direc- a peer review process to inform the selection
opment of scientific advances in the key torate, in the same manner as other Assist- of award recipients.
technology focus areas into processes and ant Directors of the Foundation are ap- (2) REPORT.—Not later than 18 months
products in the United States. pointed. after the establishment of the Directorate,
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2591
the Director shall prepare and submit a re- consistent with the requirements of the rel- Act of 1980 (15 U.S.C. 13701 et seq.), as added
port to Congress regarding the use of alter- evant award; and by section 2401 of this division;
native methods for the selection of award re- (G) the plan and capability of the applicant (IV) National Laboratories;
cipients and the distribution of funding to to support proof-of-concept development and (V) Federal laboratories, as defined in sec-
recipients, as compared to the traditional prototyping as well as technology transfer tion 4 of the Stevenson-Wydler Technology
peer review process. and commercialization activities. Innovation Act of 1980 (15 U.S.C. 3703);
(d) RULE OF CONSTRUCTION.—Nothing in (5) REQUIREMENTS.— (VI) Federal research facilities;
this section shall be construed to modify the (A) IN GENERAL.—The Director shall ensure (VII) labor organizations;
authority of the Director or the National that any eligible entity receiving an award (VIII) entities described in subparagraph
Science Board with respect to the selection under this subsection has— (A) or (B) from allied or partner countries;
of recipients for funding from the Founda- (i) the capacity or the ability to acquire (IX) other entities if determined by the Di-
tion. the capacity to advance the purposes de- rector to be vital to the success of the pro-
SEC. 2104. INNOVATION CENTERS. scribed in section 2102(b); and gram;
(a) UNIVERSITY TECHNOLOGY CENTER PRO- (ii) secured contributions for establishing (X) binational research and development
GRAM.— the university technology center under this foundations and funds, excluding foreign en-
(1) IN GENERAL.—From amounts made subsection from industry or other non-Fed- tities of concern, as defined in section 2307;
available to the Directorate, the Director eral organizations in an amount not less and
shall establish a program in the Directorate than 10 percent of the total amount of the (XI) Engineer Research and Development
to make awards, through a competitive se- award the eligible entity would receive Center laboratories of the Army Corps of En-
lection process, to eligible entities to estab- under this subsection. gineers.
lish university technology centers. (B) CONSORTIUM ELIGIBILITY.—To be eligible (b) INNOVATION INSTITUTE.—
(2) PURPOSE.—The purpose of the univer- to receive an award for the establishment (1) IN GENERAL.—The Director shall estab-
sity technology centers shall be to— and operation of a university technology lish innovation institutes to further the re-
(A) conduct multi-disciplinary, collabo- center, a consortium shall be composed of search, development, and commercialization
rative basic and applied research, relevant to not fewer than 2 entities as described in of innovation in the key technology focus
at least one of the key technology focus paragraph (7)(C) and operate subject to a areas.
areas; binding agreement, entered into by each (2) PARTNERSHIPS.—
(B) leverage the expertise of multi-discipli- member of the consortium, that documents— (A) IN GENERAL.—Each innovation institute
nary and multi-sector partners, including (i) the proposed partnership agreement, in- shall be comprised of a partnership including
partners from private industry; cluding the governance and management 2 or more of the following entities:
(C) further the development, deployment, structure of the university technology cen- (i) An institution of higher education.
and commercialization of innovations, in- ter; (ii) A for-profit company.
cluding inventions, in the key technology (ii) measures the consortium will under- (iii) A nonprofit organization.
focus areas, including those derived from the take to enable cost-effective implementation (iv) A Federal agency.
activities of the university technology cen- of activities under paragraph (3); (v) Another entity, if that entity is deter-
ter; and (iii) a proposed budget, including financial mined by the Director to be vital to the suc-
(D) support the development of scientific, contributions from non-Federal sources; and cess of the program.
innovation, entrepreneurial, and educational (iv) the plan for ownership and use of any (B) CO-EQUAL.—Each entity comprising the
capacity within the region of the university intellectual property developed by the cen- institute shall, to the extent practicable,
technology center. ter. work as co-equal partners in terms of fund-
(3) USE OF FUNDS.—University technology (6) SUPPORT OF REGIONAL TECHNOLOGY ing and research efforts in support of the in-
centers established under this subsection HUBS.—Each university technology center es- stitute.
may use support provided— tablished under this subsection may support (C) INSTITUTIONAL OR ORGANIZATIONAL
(A) to carry out research to advance inno- and participate in, as appropriate, the activi- LEVEL.—The Director shall work to ensure
vation in the key technology focus areas; ties of any regional technology hub des- that such partnerships exist at the institu-
(B) for technology development activities ignated under section 28 of the Stevenson- tional or organization level, rather than
such as proof-of-concept development, proto- Wydler Technology Innovation Act of 1980 (15 solely at the principal investigator level.
typing, design modification, experimental U.S.C. 3701 et seq.), as added by section 2401 (3) COST SHARE.—To the extent practicable,
development, and other actions to reduce the of this division. not less than half of the funding for an insti-
cost, time, and risk of commercializing new (7) ELIGIBLE ENTITY.—In this subsection, tute shall be provided by non-Federal enti-
technologies; the term ‘‘eligible entity’’ means— ties.
(C) for the costs of equipment and (A) an individual institution of higher edu- (c) NUMBER OF CENTERS AND INSTITUTES ES-
cyberinfrastructure; cation; TABLISHED.—The Director shall endeavor to
(D) for the costs associated with tech- (B) a nonprofit entity; or establish a balance in the number of univer-
nology transfer and commercialization, in- (C) a consortium that— sity technology centers and innovation insti-
cluding patenting and licensing; or (i) shall include and be led by an institu- tutes.
(E) for operations and staff. tion of higher education or by a nonprofit SEC. 2105. TRANSITION OF NSF PROGRAMS.
(4) SELECTION PROCESS.—In selecting recipi- entity, designed to support technology devel-
ents under this subsection, the Director shall opment; The Director may transition the manage-
consider, in addition to the scientific and (ii) shall include 1 or more institution that ment of existing programs of the National
technical merit of the proposal— is— Science Foundation that conduct activities
(A) maximizing regional and geographic di- (I) a historically Black college or univer- in addition to basic research to the Direc-
versity of the university technology centers, sity; torate, including—
including by considering rural-serving insti- (II) a Tribal College or University; (1) Convergence Accelerator;
tutions of higher education (as defined in (III) a minority-serving institution (or an (2) Industry-University Cooperative Re-
section 861(b) of the Higher Education Act of institution of higher education with an es- search Centers;
1965 (20 U.S.C. 1161a(b)); tablished STEM capacity building program (3) National AI Research Institutes;
(B) the extent to which the applicant’s pro- focused on traditionally underrepresented (4) Innovation Corps (I-Corps), as described
posal would broaden participation by popu- populations in STEM, including Native Ha- in section 601 of the American Innovation
lations underrepresented in STEM; waiians, Alaska Natives, and Indians); and Competitiveness Act (42 U.S.C. 1862s-8);
(C) the capacity of the applicant to engage (IV) an institution that participates in the and
industry, labor, and other appropriate orga- Established Program to Stimulate Competi- (5) any other programs that the Director
nizations and, where applicable, contribute tive Research under section 113 of the Na- considers appropriate.
to growth in domestic manufacturing capac- tional Science Foundation Authorization SEC. 2106. PROVIDING SCHOLARSHIPS, FELLOW-
ity and job creation; Act of 1988 (42 U.S.C. 1862g); SHIPS, AND OTHER STUDENT SUP-
PORT.
(D) in the case of a consortium, the extent (V) an emerging research institution; or
to which the proposal includes institutions (VI) a community college; and (a) IN GENERAL.—The Director, acting
listed in paragraph (7)(C)(ii); (iii) may include 1 or more— through the Directorate, shall fund under-
(E) the amount of funds from industry or- (I) additional entities described in subpara- graduate scholarships (including at commu-
ganizations described in paragraph (5)(A)(ii) graph (A) or (B); nity colleges), graduate fellowships and
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the applicant would use towards establishing (II) industry entities, including startups, traineeships, and postdoctoral awards in the
the university technology center; small businesses, and public-private partner- key technology focus areas.
(F) the plan and capability of the applicant ships; (b) IMPLEMENTATION.—The Director may
to take measures to prevent the inappro- (III) economic development organizations carry out subsection (a) by making awards—
priate use of the research and technology of or venture development organizations, as (1) directly to students; and
the center, including research results, data, such terms are defined in section 28(a) of the (2) to institutions of higher education or
and intellectual property, as appropriate and Stevenson-Wydler Technology Innovation consortia of institutions of higher education,
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S2592 CONGRESSIONAL RECORD — SENATE May 18, 2021
including those institutions or consortia in- education or entrepreneurial partners to the Director, at such time, in such manner,
volved in operating university technology carry out this section. and containing such information as the Di-
centers established under section 2104(a). SEC. 2107. RESEARCH AND DEVELOPMENT. rector may reasonably require. The proposal
(c) BROADENING PARTICIPATION.—In car- (a) IN GENERAL.—From amounts made shall, at a minimum, describe—
rying out this section, the Director shall available for the Directorate, the Director (1)(A) the technology or technologies that
take steps to increase the participation of shall make awards, on a competitive basis, will be the focus of the test bed; and
populations that are underrepresented in for research and technology development (B) the goals of the work to be done at the
STEM, which may include— within the key technology focus areas. test bed;
(1) establishing or augmenting programs (b) PURPOSE.—The purpose of the awards (2) how the applicant will assemble a work-
targeted at populations that are underrep- under this section shall be to demonstrate force with the skills needed to operate the
resented in STEM; revolutionary technological advances in the test bed;
(2) supporting traineeships or other rel- key technology focus areas, including ad- (3) how the applicant will ensure broad ac-
evant programs at minority-serving institu- vances that expedite short-term technology cess to the test bed;
tions (or institutions of higher education deployment. (4) how the applicant will collaborate with
with an established STEM capacity building (c) RECIPIENTS.—Recipients of funds under firms in the key technology focus areas, in-
program focused on traditionally underrep- this section may include institutions of cluding through coordinated research and de-
resented populations in STEM, including Na- higher education, research institutions, non- velopment and funding, to ensure that work
tive Hawaiians, Alaska Natives, and Indi- profit entities, private sector entities, con- in the test bed will contribute to the com-
ans); sortia, or other entities as defined by the Di- mercial viability of any technologies and
(3) addressing current and expected gaps in rector. will include collaboration from industry and
the availability or skills of the STEM work- (d) METRICS.—The Director may set labor organizations;
force, or addressing needs of the STEM work- metrics, including goals and deadlines, for (5) how the applicant will encourage the
force, including by increasing educational development of such technology as deter- participation of inventors and entrepreneurs
capacity at institutions and by prioritizing mined in the terms of the award, and may and the development of new businesses;
awards to United States citizens, permanent use such metrics to determine whether an (6) how the applicant will increase partici-
residents, and individuals that will grow the award recipient shall be eligible for contin- pation by populations that are underrep-
domestic workforce; and ued or follow-on funding. The Director shall resented in STEM;
(4) addressing geographic diversity in the ensure that the length of the grants for ap- (7) how the applicant will demonstrate
STEM workforce. plicants seeking to demonstrate revolu- that the commercial viability of any new
(d) INNOVATION.—In carrying out this sec- tionary technological advances to expedite technologies will support the creation of
tion, the Director shall encourage innova- short-term technology deployment last no high-quality domestic jobs;
tion in graduate education, including longer than 24 months. (8) how the test bed will operate after Fed-
through encouraging institutions of higher (e) SELECTION CRITERIA.—In selecting re- eral funding has ended;
education to offer graduate students oppor- cipients for an award under this section, the (9) how the test bed will disseminate les-
tunities to gain experience in industry or Director shall consider, at a minimum— sons and other technical information to
Government as part of their graduate train- (1) the relevance of the project to the key United States entities or allied or partner
ing, and through support for students in pro- technology focus areas; country entities in the United States; and
fessional masters programs related to the (2) the current status of the technology, (10) how the applicant plans to take meas-
key technology focus areas. the limits of current practice, and the likeli- ures to prevent the inappropriate use of re-
(e) AREAS OF FUNDING SUPPORT.—Subject hood of the private sector to independently search results, data, and intellectual prop-
to the availability of funds to carry out this demonstrate a similar technological ad- erty, as applicable and consistent with the
section, the Director shall— vance; requirements of the award.
(1) issue— (3) the potential of the project to generate (c) AUTHORIZED USE OF FUNDS.—A recipient
(A) postdoctoral awards, a revolutionary technological advance, in- of an award under this section may, in order
(B) graduate fellowships and traineeships, cluding advances that can expedite short- to achieve the purposes described in sub-
inclusive of the NSF Research Traineeships term technology deployment; section (a), use the award for the purchase of
and fellowships awarded under the Graduate (4) the potential impact of the project on equipment and for the support of students,
Research Fellowship Program; and the economic security, national security, or faculty and staff, and postdoctoral research-
(C) scholarships, including undergraduate technological competitiveness of the United ers.
scholarships, research experiences, and in- States; (d) PRIORITY.—In selecting award recipi-
ternships, including— (5) the likelihood of the project’s success; ents under this section, the Director shall
(i) scholarships to attend community col- (6) the cost and time associated with the give priority to applicants with proposals
leges; and project; that maximize the geographic diversity of
(ii) research experiences and internships (7) the appropriateness of quantitative test beds.
under sections 513, 514, and 515 of the Amer- goals and metrics for evaluating the project (e) INTERAGENCY ANNUAL MEETINGS.—The
ica COMPETES Reauthorization Act of 2010 and a plan for evaluating those metrics; and Director, the Secretary of Commerce, the
(42 U.S.C. 1862p–5; 1862p–6; 1862p–7); (8) the path for developing and, as appro- Secretary of Energy, and the heads of other
(2) ensure that not less than 10 percent of priate commercializing, the technology. Federal departments and agencies, or their
the funds made available to carry out this SEC. 2108. TEST BEDS. designees, with test bed related equities
section are used to support additional (a) PROGRAM AUTHORIZED.— shall hold an annual meeting to coordinate
awards that focus on community college (1) IN GENERAL.—From amounts made their respective test bed related invest-
training, education, and teaching programs available for the Directorate, the Director, ments, future plans, and other appropriate
that increase the participation of popu- in coordination with the Director of the Na- matters, to avoid conflicts and duplication of
lations that are underrepresented in STEM, tional Institute of Standards and Tech- efforts. Upon request by Congress, Congress
including technical programs through pro- nology, the Secretary of Energy, and other shall be briefed on the results of the meet-
grams such as the Advanced Technological Federal agencies, as determined appropriate ings.
Education program; by the Director, shall establish a program in SEC. 2109. ACADEMIC TECHNOLOGY TRANSFER.
(3) ensure that not less than 20 percent of the Directorate to make awards, on a com- (a) IN GENERAL.—From amounts made
the funds made available to carry out this petitive basis, to institutions of higher edu- available to the Directorate, the Director, in
section are used to support institutions of cation, nonprofit organizations, or consortia coordination with the Director of the Na-
higher education, and other institutions, lo- (as defined in section 2104(a)(7)(C)) to estab- tional Institute of Standards and Technology
cated in jurisdictions that participate in the lish and operate test beds, which may in- and other Federal agencies as determined ap-
program under section 113 of the National clude fabrication facilities and propriate by the Director, shall make
Science Foundation Authorization Act of cyberinfrastructure, to advance the develop- awards, on a competitive basis, to eligible
1988 (42 U.S.C. 1862g); and ment, operation, integration, deployment, entities to advance the development and
(4) if funds remain after carrying out para- and, as appropriate, demonstration of new, commercialization of technologies, particu-
graphs (1), (2), and (3), make awards to insti- innovative technologies in the key tech- larly those in the key technology focus
tutions of higher education to enable the in- nology focus areas, which may include hard- areas.
stitutions to fund the development and es- ware or software. (b) ELIGIBLE ENTITIES.—To be eligible to
tablishment of new or specialized programs (2) COORDINATION.—In establishing new test receive an award under this section, an enti-
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of study for graduate, undergraduate, or beds under this section, the Director shall ty shall be—
technical college students and the evalua- ensure coordination with other test beds sup- (1) an institution of higher education,
tion of the effectiveness of those programs of ported by the Foundation or other Federal which may be a community college;
study. agencies to avoid duplication and maximize (2) a nonprofit entity that is either affili-
(f) EXISTING PROGRAMS.—The Director may the use of Federal resources. ated with an institution of higher education
use or augment existing STEM education (b) PROPOSALS.—An applicant for an award or designed to support technology develop-
programs of the Foundation and leverage under this section shall submit a proposal to ment or entrepreneurship; or
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2593
(3) a consortium that includes— through venture funds of institutions of (A) shall be—
(A) an entity described in paragraph (1) or higher education. (i) a historically Black college or univer-
(2) as the lead award recipient; and (H) Creating or supporting entities that sity;
(B) one or more additional individuals or could enable researchers to further develop (ii) a minority-serving institution; or
entities, which shall be— new technology, through capital investment, (iii) an institution of higher education
(i) an economic development organization advice, staff support, or other means. with an established STEM capacity building
or similar entity that is focused primarily on (I) Building technology transfer capacity program focused on traditionally underrep-
improving science, technology, innovation, at institutions of higher education. resented populations in STEM, including Na-
or entrepreneurship; (3) LIMITATIONS ON FUNDING.—In awarding tive Hawaiians, Alaska Natives, and Indians;
(ii) an industry organization or firm in a funding under this subsection, the Director and
relevant technology or innovation sector; shall— (B) shall have not more than $50,000,000 in
(iii) an industry-experienced executive (A) award not more than $1,000,000 per fis- annual federally-financed research and de-
with entrepreneurship experience that is fo- cal year to an eligible entity; velopment expenditures for science and engi-
cused primarily on de-risking technologies (B) in determining the duration of funding, neering as reported through the National
from both a scientific and a business perspec- endeavor to ensure the creation of sustain- Science Foundation Higher Education Re-
tive; or able technology transfer practices at the eli- search and Development Survey.
(iv) an individual or entity with industry- gible entity; and (2) PARTNERSHIPS.—An eligible institution
and startup- experienced business expertise, (C) ensure that grants under this sub- receiving a grant under this section may
including a mentor network, across relevant section shall not support the development or carry out the activities of the grant through
technology or innovation sectors. operation of capital investment funds. a partnership with other entities, including
(c) PROPOSALS.—An eligible entity desiring (e) COLLABORATIVE INNOVATION RESOURCE other eligible institutions.
an award under this section shall submit a CENTER PROGRAM.— (c) PROPOSALS.—To receive an award under
proposal to the Director at such time, in (1) IN GENERAL.—The Director shall make this section, an eligible institution shall sub-
such manner, and containing such informa- awards under this subsection to eligible enti- mit an application to the Director at such
tion as the Director may require. The pro- ties to establish collaborative innovation re- time, in such manner, and containing such
posal shall include, at a minimum, a descrip- source centers that promote regional tech- information as the Director may require, in-
tion of— nology transfer and technology development cluding a plan that describes how the eligible
(1) the steps the applicant will take to en- activities available to more than one institu- institution will establish or expand research
able technology transfer and to reduce the tion of higher education and to other enti- office capacity and how such award would be
risks for commercialization for new tech- ties in a region. used to—
nologies and why such steps are likely to be (2) COLLABORATION PRIORITY.—In making (1) conduct an assessment of capacity-
effective; awards under this subsection, the Director
(2) how the applicant will encourage the building and research infrastructure needs of
shall give priority to eligible entities that an eligible institution;
training and participation of students and
are consortia described in subsection (b)(3) (2) enhance institutional resources to pro-
potential entrepreneurs and the transition of
and that have a cost share, which may in- vide administrative research development
research results to practice, including the
clude an in-kind cost share, from members of support to faculty at an eligible institution;
development of new businesses;
a consortium, at levels as required by the Di- (3) bolster the institutional research com-
(3) as relevant, potential steps to drive eco-
rector. petitiveness of an eligible institution to sup-
nomic growth in a particular region, by col-
(3) USE OF FUNDS.—An eligible entity that port grants awarded by the Directorate;
laborating with industry, venture capital en-
receives an award under this subsection shall (4) support the acquisition of instrumenta-
tities, nonprofit entities, and State and local
use award funds to carry out one or more of tion necessary to build research capacity at
governments within that region; and
the following activities, to the benefit of the an eligible institution in research areas di-
(4) background information that the Direc-
region in which the center is located: rectly associated with the Directorate;
tor determines is relevant to demonstrate
(A) Providing start-ups and small business (5) increase capability of an eligible insti-
the success of the innovation and entrepre-
concerns (as defined in section 3 of the Small tution to move technology into the market-
neurship support models proposed by the ap-
Business Act (15 U.S.C. 632)) within the re- place;
plicant to commercialize technologies.
(d) ACADEMIC TECHNOLOGY TRANSFER EN- gion with access to facilities, scientific in- (6) increase engagement with industry to
HANCEMENT PROGRAM.—
frastructure, personnel, and other assets as execute research through the SBIR and
(1) IN GENERAL.—The Director, in coordina- required for technology maturation. STTR programs (as defined in section 9(e) of
tion with the Director of the National Insti- (B) Supporting entrepreneurial training for the Small Business Act (15 U.S.C. 638(e)) and
tute of Standards and Technology, shall start-up and small business personnel. direct contracts at an eligible institution;
make awards, on a competitive basis, to sup- (C) Providing engineering and entrepre- (7) provide student engagement and re-
port eligible entities in building sustainable neurial experiences and hands-on training search training opportunities at the under-
technology transfer capacity. for students enrolled in participating insti- graduate, graduate, and postdoctoral levels
(2) USE OF FUNDS.—An eligible entity that tutions of higher education. at an eligible institution;
(f) REPORTING ON COMMERCIALIZATION (8) further faculty development initiatives
receives an award under this subsection shall
BASED ON METRICS.—The Director shall es- and strengthen institutional research train-
use award funds to carry out one or more of
tablish— ing infrastructure, capacity, and competi-
the following:
(1) metrics related to commercialization tiveness of an eligible institution; or
(A) Identifying academic research with the
for an award under this section; and (9) address plans and prospects for long-
potential for technology transfer and com-
(2) a reporting schedule for recipients of term sustainability of institutional enhance-
mercialization, particularly as relevant to
such awards that takes into account both ments at an eligible institution resulting
the key technology focus areas.
short- and long-term goals of the programs from the award including, if applicable, how
(B) Providing training and support to sci-
under this section. the award may be leveraged by an eligible
entists, engineers, and inventors on tech- (g) GEOGRAPHIC DIVERSITY.—The Director
nology transfer, commercialization, and re- institution to build a broader base of sup-
shall ensure regional and geographic diver- port.
search protection. sity in issuing awards under this section.
(C) Offsetting the costs of patenting and li- (d) AWARDS.—Awards made under this sec-
(h) SUPPLEMENT NOT SUPPLANT.—The Di-
censing research products, both domestically tion shall be for periods of 3 years, and may
rector shall ensure that funds made available
and internationally. be extended for periods of not more than 5
under this section shall be used to create ad-
(D) Revising institution policies, including years.
ditional support for technology transfer ac-
policies related to intellectual property and (e) FUNDING.—From the amounts made
tivities at eligible entities. For the duration
faculty entrepreneurship, and taking other available to carry out section 2104 under sec-
of the awards, recipients shall be required to
necessary steps to implement relevant best tion 2116 for each of fiscal years 2022 through
maintain funding for such activities at simi-
practices for academic technology transfer. 2026, the Director shall use $150,000,000 for
lar levels as the funding for those activities
(E) Ensuring the availability of staff, in- each such fiscal year to carry out this sec-
for the 2 fiscal years preceding the award.
cluding technology transfer professionals, tion.
SEC. 2110. CAPACITY-BUILDING PROGRAM FOR
entrepreneurs in residence, and other men- DEVELOPING UNIVERSITIES. SEC. 2111. TECHNICAL ASSISTANCE.
tors as required to accomplish the purpose of (a) IN GENERAL.—The Director shall estab- The Director may—
this subsection. lish a program in the Directorate to make (1) coordinate with other Federal agencies
(F) Identifying and facilitating relation- awards, on a competitive basis, to eligible to establish interagency and multidisci-
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ships among local and national business institutions described in subsection (b) to plinary teams to provide technical assist-
leaders, including investors, and potential support the mission of the Directorate and ance to recipients of, and prospective appli-
entrepreneurs to encourage successful com- to build institutional research capacity at cants for, awards under this title;
mercialization. eligible institutions. (2) by Federal interagency agreement and
(G) Creating and funding competitions to (b) ELIGIBLE INSTITUTION.— notwithstanding any other provision of law,
allow entrepreneurial ideas to illustrate (1) IN GENERAL.—To be eligible to receive transfer funds available to carry out this
their commercialization potential, including an award under this section, an institution— title to the head of another Federal agency
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S2594 CONGRESSIONAL RECORD — SENATE May 18, 2021
to facilitate and support the provision of (1) in subsection (j), by striking ‘‘and’’ (A) are implementing comprehensive sup-
such technical assistance; and after the semicolon; port and improvement activities or targeted
(3) enter into contracts with third parties (2) in subsection (k), by striking the period support and improvement activities under
to provide such technical assistance. at the end and inserting ‘‘; and’’; and paragraph (1) or (2) of section 1111(d) of the
SEC. 2112. COORDINATION OF ACTIVITIES. (3) by adding at the end the following: Elementary and Secondary Education Act of
(a) IN GENERAL.—In carrying out the ac- ‘‘(l) to provide for the widest practicable 1965 (20 U.S.C. 6311(d)); or
tivities of the Directorate, the Director shall and appropriate dissemination of informa- (B) serve high percentages of students who
coordinate and work cooperatively with the tion within the United States concerning the are eligible for a free or reduced price lunch
Secretary of Energy, the Director of the Na- Foundation’s activities and the results of under the Richard B. Russell National
tional Institute of Standards and Tech- those activities.’’. School Lunch Act (42 U.S.C. 1751 et seq.)
nology, and the heads of other Federal re- SEC. 2114. HANDS-ON LEARNING PROGRAM. (which, in the case of a high school, may be
search agencies, as appropriate, to further (a) FINDINGS.—Congress finds the fol- calculated using comparable data from the
the goals of this title in the key technology lowing: schools that feed into the high school).
focus areas. (e) AUTHORIZATION OF APPROPRIATIONS.—
(1) Developing a robust, talented, and
(b) AVOID DUPLICATION.—The Director shall From the amounts made available to carry
homegrown workforce, particularly in the
ensure, to the greatest extent practicable, out section 2106 under section 2116 for each of
fields of STEM, is critical to the success of fiscal years 2022 through 2026, the Director
that activities carried out by the Directorate the United States innovation economy.
are not duplicative of activities supported by shall use $25,000,000 for each such fiscal year
(2) The United States educational system to carry out this section.
other parts of the Foundation or other rel-
is not producing a sufficient number of work- SEC. 2115. INTELLECTUAL PROPERTY PROTEC-
evant Federal agencies. In carrying out the
ers with the necessary STEM expertise to TION.
activities prescribed by this division, the Di-
meet the needs of the United States industry Consistent with the requirements for the
rector shall coordinate with the Interagency
in STEM fields. award, all intellectual property that is de-
Working Group and heads of other Federal
(3) Hands-on and experiential learning op- veloped through the Foundation, or any pro-
research agencies to ensure these activities
portunities outside of the classroom are crit- gram that has received funding through this
enhance and complement, but do not con-
ical for student success in STEM subjects division (or an amendment made by this di-
stitute unnecessary duplication of effort and
and careers, stimulating students’ interest, vision), shall not be transferred to—
to ensure the responsible stewardship of
funds. increasing confidence, and creating motiva- (1) any foreign entity of concern, as defined
(c) COMPTROLLER GENERAL REPORT.—Not tion to pursue a related career. in section 2307(a);
later than 3 years after the date of enact- (4) Hands-on and experiential learning op- (2) any United States subsidiary, division,
ment of this division, the Comptroller Gen- portunities can be particularly successful in or chapter of such a foreign entity of con-
eral of the United States shall prepare and inspiring interest in students who tradition- cern; or
submit a report to Congress, and shall simul- ally have been underrepresented in STEM (3) any for-profit, or nonprofit, partnership
taneously submit the report to the Director, fields, including girls, students of color, and that includes such a foreign entity of con-
the Director of the Office of Science and students from disadvantaged backgrounds. cern in the partnership.
Technology Policy, and the Secretary of En- (5) An expansion of hands-on and experien- SEC. 2116. AUTHORIZATION OF APPROPRIATIONS
ergy describing the interagency cooperation tial learning programs across the United FOR THE FOUNDATION.
that occurred during the preceding years States would expand the STEM workforce (a) FISCAL YEAR 2022.—
pursuant to this section, including a list of— pipeline, developing and training students (1) FOUNDATION.—There is authorized to be
(1) any funds provided from the Directorate for careers in STEM fields. appropriated to the Foundation
to other directorates and offices of the Foun- (b) DEFINITIONS.— $10,800,000,000 for fiscal year 2022.
dation; and (1) ESEA TERMS.—The terms ‘‘elementary (2) SPECIFIC NSF ALLOCATIONS.—Of the
(2) any instances in which unnecessary du- school’’, ‘‘high school’’, ‘‘secondary school’’, amount authorized under paragraph (1)—
plication of effort may have occurred. and ‘‘State’’ have the meanings given the (A) $9,000,000,000 shall be made available to
SEC. 2113. REPORTING REQUIREMENTS. terms in section 8101 of the Elementary and carry out the activities of the Foundation
(a) REPORTS.—Not later than 1 year after Secondary Education Act of 1965 (20 U.S.C. outside of the Directorate, of which
the date of enactment of this division and 7801). $1,000,000,000 shall be for STEM education
annually thereafter, the Director, in coordi- (2) ELIGIBLE NONPROFIT PROGRAM.—The and related activities, including workforce
nation with the heads of relevant Federal term ‘‘eligible nonprofit program’’— activities under section 2202; and
agencies, shall prepare and submit to Con- (A) means a nonprofit program serving pre- (B) $1,800,000,000 shall be made available to
gress— kindergarten, elementary school, or sec- the Directorate, of which—
(1) a strategic vision and spending plan for ondary school students; and (i) $594,000,000 shall be for the innovation
the next 5 years for the Directorate, includ- (B) includes a program described in sub- centers under section 2104;
ing a description of how the Foundation will paragraph (A) that covers the continuum of (ii) $324,000,000 shall be for scholarships,
increase funding for research and education education from prekindergarten through fellowships, and other activities under sec-
for populations underrepresented in STEM high school and is available in every State. tion 2106;
and geographic areas; (c) PURPOSES.—The purposes of this section (iii) $252,000,000 shall be for academic tech-
(2) in coordination with the Secretary of are to— nology transfer under section 2109;
State, a description of any funds the Founda- (1) provide effective, compelling, and en- (iv) $180,000,000 shall be for test beds under
tion may plan to receive from— gaging means for teaching and reinforcing section 2108;
(A) entities other than institutions of fundamental STEM concepts and inspiring (v) $270,000,000 shall be for research and de-
higher education; and the youth of the United States to pursue ca- velopment activities under section 2107; and
(B) certain designated countries; and reers in STEM-related fields; (vi) an amount equal to 10 percent of the
(3) a description of the planned activities (2) expand the STEM workforce pipeline by total made available to the Directorate
of the Directorate to secure federally funded developing and training students for careers under this subparagraph shall be transferred
science and technology pursuant to section in United States STEM fields; and to the Foundation for collaboration with di-
1746 of the National Defense Authorization (3) broaden participation in the STEM rectorates and offices of the Foundation out-
Act for Fiscal Year 2020 (Public Law 116–92; workforce by underrepresented population side of the Directorate as described under
42 U.S.C. 6601 note) and section 223 of Wil- groups. section 2102(c)(7).
liam M. (Mac) Thornberry National Defense (d) PROGRAM AUTHORIZED.— (b) FISCAL YEAR 2023.—
Authorization Act for Fiscal Year 2021 (Pub- (1) IN GENERAL.—Subject to the avail- (1) FOUNDATION.—There is authorized to be
lic Law 116–283) and the requirements under ability of appropriations for such purposes, appropriated to the Foundation
title III. the Director shall— $12,800,000,000 for fiscal year 2023.
(b) ANNUAL BRIEFING.—Each year, the Di- (A) provide grants to eligible nonprofit (2) SPECIFIC NSF ALLOCATIONS.—Of the
rector and the Secretary of Energy shall for- programs for supporting hands-on learning amount authorized under paragraph (1)—
mally request a joint briefing from the Sec- opportunities in STEM education, including (A) $9,600,000,000 shall be made available to
retary of Defense, the Secretary of Com- via after-school activities and innovative carry out the activities of the Foundation
merce, the Director of the Federal Bureau of learning opportunities such as robotics com- outside of the Directorate, of which
Investigation, the Director of National Intel- petitions; and $1,190,000,000 shall be for STEM education
ligence, and as appropriate the heads of (B) evaluate the impact of such hands-on and related activities, including workforce
other Federal agencies regarding their ef- learning opportunities on STEM learning activities under section 2202; and
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forts to preserve the United States’ advan- and disseminate the results of that evalua- (B) $3,200,000,000 shall be made available to
tages generated by the activity of the Direc- tion. the Directorate, of which—
torate. (2) PRIORITY.—In awarding grants under (i) $1,056,000,000 shall be for the innovation
(c) PROVIDING AUTHORITY TO DISSEMINATE the program, the Director shall give priority centers under section 2104;
INFORMATION.—Section 11 of the National to eligible nonprofit programs serving stu- (ii) $576,000,000 shall be for scholarships,
Science Foundation Act of 1950 (42 U.S.C. dents that attend elementary, secondary, or fellowships, and other activities under sec-
1870) is amended— high schools that— tion 2106;
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2595
(iii) $448,000,000 shall be for academic tech- and related activities, including workforce this section shall supplement, and not sup-
nology transfer under section 2109; activities under section 2202; and plant, any other amounts previously author-
(iv) $320,000,000 shall be for test beds under (B) $9,300,000,000 shall be made available to ized to be appropriated to the Department of
section 2108; the Directorate, of which— Energy.
(v) $480,000,000 shall be for research and de- (i) $3,069,000,000 shall be for the innovation (c) NO FUNDS FOR CONSTRUCTION.—No funds
velopment activities under section 2107; and centers under section 2104; provided to the Department of Energy under
(vi) an amount equal to 10 percent of the (ii) $1,674,000,000 shall be for scholarships, this section shall be used for construction.
total made available to the Directorate fellowships, and other activities under sec- TITLE II—NSF RESEARCH, STEM, AND
under this subparagraph shall be transferred tion 2106; GEOGRAPHIC DIVERSITY INITIATIVES
to the Foundation for collaboration with di- (iii) $1,302,000,000 shall be for academic SEC. 2201. CHIEF DIVERSITY OFFICER OF THE
rectorates and offices of the Foundation out- technology transfer under section 2109; NSF.
side of the Directorate as described under (iv) $930,000,000 shall be for test beds under (a) CHIEF DIVERSITY OFFICER.—
section 2102(c)(7). section 2108; (1) APPOINTMENT.—The President shall ap-
(c) FISCAL YEAR 2024.— (v) $1,395,000,000 shall be for research and point, by and with the consent of the Senate,
(1) FOUNDATION.—There is authorized to be development activities under section 2107; a Chief Diversity Officer of the Foundation.
appropriated to the Foundation and (2) QUALIFICATIONS.—The Chief Diversity
$16,600,000,000 for fiscal year 2024. (vi) an amount equal to 10 percent of the Officer shall have significant experience,
(2) SPECIFIC NSF ALLOCATIONS.—Of the total made available to the Directorate within the Federal Government and the
amount authorized under paragraph (1)— under this subparagraph shall be transferred science community, with diversity- and in-
(A) $10,300,000,000 shall be made available to the Foundation for collaboration with di- clusion-related matters, including—
to carry out the activities of the Foundation rectorates and offices of the Foundation out- (A) civil rights compliance;
outside of the Directorate, of which side of the Directorate as described under (B) harassment policy, reviews, and inves-
$1,600,000,000 shall be for STEM education section 2102(c)(7). tigations;
and related activities, including workforce (f) ALLOCATION AND LIMITATIONS.— (C) equal employment opportunity; and
activities under section 2202; and (1) ALLOCATION FOR THE OFFICE OF INSPEC- (D) disability policy.
(B) $6,300,000,000 shall be made available to TOR GENERAL.—From any amounts appro-
(3) OVERSIGHT.—The Chief Diversity Officer
the Directorate, of which— priated for the Foundation for a fiscal year, shall direct the Office of Diversity and Inclu-
(i) $2,079,000,000 shall be for the innovation the Director shall allocate for necessary ex- sion of the Foundation and report directly to
centers under section 2104; penses of the Office of Inspector General of the Director in the performance of the duties
(ii) $1,134,000,000 shall be for scholarships, the Foundation an amount of not less than of the Chief Diversity Officer under this sec-
fellowships, and other activities under sec- $33,000,000 in any fiscal year for oversight of
tion.
tion 2106; the programs and activities funded under (b) DUTIES.—The Chief Diversity Officer is
(iii) $882,000,000 shall be for academic tech- this section in accordance with the Inspector responsible for providing advice on policy,
nology transfer under section 2109; General Act of 1978 (5 U.S.C. App.). oversight, guidance, and coordination with
(iv) $630,000,000 shall be for test beds under (2) SUPPLEMENT AND NOT SUPPLANT.—The respect to matters of the Foundation related
section 2108; amounts authorized to be appropriated under to diversity and inclusion, including ensur-
(v) $945,000,000 shall be for research and de- this section shall supplement, and not sup- ing the geographic diversity of the Founda-
velopment activities under section 2107; and plant, any other amounts previously appro- tion programs. Other duties may include—
(vi) an amount equal to 10 percent of the priated to the Office of the Inspector General (1) establishing and maintaining a stra-
total made available to the Directorate of the Foundation. tegic plan that publicly states a diversity
under this subparagraph shall be transferred (3) NO NEW AWARDS.—The Director shall definition, vision, and goals for the Founda-
to the Foundation for collaboration with di- not make any new awards for the activities tion;
rectorates and offices of the Foundation out- under the Directorate for any fiscal year in (2) defining a set of strategic metrics that
side of the Directorate as described under which the total amount appropriated to the are—
section 2102(c)(7). Foundation (not including amounts appro- (A) directly linked to key organizational
(d) FISCAL YEAR 2025.— priated for the Directorate) is less than the priorities and goals;
(1) FOUNDATION.—There is authorized to be total amount appropriated to the Founda- (B) actionable; and
appropriated to the Foundation tion (not including such amounts), adjusted (C) actively used to implement the stra-
$19,500,000,000 for fiscal year 2025. by the rate of inflation, for the previous fis- tegic plan under paragraph (1);
(2) SPECIFIC NSF ALLOCATIONS.—Of the cal year. (3) advising in the establishment of a stra-
amount authorized under paragraph (1)— (4) NO FUNDS FOR CONSTRUCTION.—No funds tegic plan for diverse participation by indi-
(A) $11,100,000,000 shall be made available provided to the Directorate under this sec- viduals and institutions of higher education,
to carry out the activities of the Foundation tion shall be used for construction. including community colleges, historically
outside of the Directorate, of which SEC. 2117. AUTHORIZATION OF APPROPRIATIONS Black colleges and universities, Tribal col-
$2,100,000,000 shall be for STEM education FOR THE DEPARTMENT OF ENERGY.
leges or universities, minority-serving insti-
and related activities, including workforce (a) AUTHORIZATION OF APPROPRIATIONS.— tutions, institutions of higher education
activities under section 2202; and (1) FISCAL YEAR 2022.—There is authorized with an established STEM capacity building
(B) $8,400,000,000 shall be made available to to be appropriated to the Department of En- program focused on traditionally underrep-
the Directorate, of which— ergy $1,000,000,000 for fiscal year 2022 to carry resented populations in STEM, including Na-
(i) $2,772,000,000 shall be for the innovation out research and development and address tive Hawaiians, Alaska Natives, and Indians,
centers under section 2104; energy-related supply chain activities within and institutions from jurisdictions eligible
(ii) $1,512,000,000 shall be for scholarships, the key technology focus areas. to participate under section 113 of the Na-
fellowships, and other activities under sec- (2) FISCAL YEAR 2023.—There is authorized tional Science Foundation Authorization
tion 2106; to be appropriated to the Department of En- Act of 1988 (42 U.S.C. 1862g);
(iii) $1,176,000,000 shall be for academic ergy $1,800,000,000 for fiscal year 2023 to carry (4) advising in the establishment of a stra-
technology transfer under section 2109; out research and development and address tegic plan for outreach to, and recruiting
(iv) $840,000,000 shall be for test beds under energy-related supply chain activities within from, untapped locations and underrep-
section 2108; the key technology focus areas. resented populations;
(v) $1,260,000,000 shall be for research and (3) FISCAL YEAR 2024.—There is authorized (5) advising on the application of the Foun-
development activities under section 2107; to be appropriated to the Department of En- dation’s broader impacts review criterion;
and ergy $3,700,000,000 for fiscal year 2024 to carry and
(vi) an amount equal to 10 percent of the out research and development and address (6) performing such additional duties and
total made available to the Directorate energy-related supply chain activities within exercise such powers as the Director may
under this subparagraph shall be transferred the key technology focus areas. prescribe.
to the Foundation for collaboration with di- (4) FISCAL YEAR 2025.—There is authorized (c) FUNDING.—From any amounts appro-
rectorates and offices of the Foundation out- to be appropriated to the Department of En- priated for the Foundation for each of fiscal
side of the Directorate as described under ergy $4,900,000,000 for fiscal year 2025 to carry years 2022 through 2026, the Director shall al-
section 2102(c)(7). out research and development and address locate $5,000,000 to carry out this section for
(e) FISCAL YEAR 2026.— energy-related supply chain activities within each such year.
(1) FOUNDATION.—There is authorized to be the key technology focus areas. SEC. 2202. PROGRAMS TO ADDRESS THE STEM
appropriated to the Foundation (5) FISCAL YEAR 2026.—There is authorized WORKFORCE.
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$21,300,000,000 for fiscal year 2026. to be appropriated to the Department of En- (a) IN GENERAL.—The Director shall issue
(2) SPECIFIC NSF ALLOCATIONS.—Of the ergy $5,500,000,000 for fiscal year 2026 to carry undergraduate scholarships, including at
amount authorized under paragraph (1)— out research and development and address community colleges, graduate fellowships
(A) $12,000,000,000 shall be made available energy-related supply chain activities within and traineeships, postdoctoral awards, and,
to carry out the activities of the Foundation the key technology focus areas. as appropriate, other awards.
outside of the Directorate, of which (b) SUPPLEMENT AND NOT SUPPLANT.—The (b) IMPLEMENTATION.—The Director may
$2,540,000,000 shall be for STEM education amounts authorized to be appropriated under carry out subsection (a) by making awards—
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S2596 CONGRESSIONAL RECORD — SENATE May 18, 2021
(1) directly to students; or spect to a former recipient of an award under (1) at least 1 emerging research institution;
(2) to institutions of higher education or this subsection who— and
consortia of institutions of higher education, (i) earned a doctoral degree in a STEM (2) at least 1 institution that, on average
including those institutions or consortia in- field from an institution of higher education; for the 3 years prior to an application for an
volved in operating university technology and award under this section, received more than
centers established under section 2104(a). (ii) successfully fulfilled the requirements $100,000,000 in Federal research funding.
(c) BROADENING PARTICIPATION.—In car- of the fellowship or temporary rotational SEC. 2204. PERSONNEL MANAGEMENT AUTHORI-
rying out this section, the Director shall posting within a Federal agency. TIES FOR THE FOUNDATION.
take steps to increase the participation of (C) LIMITATION.—The direct hire authority (a) EXPERTS IN SCIENCE AND ENGINEERING.—
populations that are underrepresented in under this paragraph shall be exercised with (1) PROGRAM AUTHORIZED.—The Foundation
STEM, which may include— respect to a specific qualified candidate not may carry out a program of personnel man-
(1) establishing or augmenting programs later than 2 years after the date that the agement authority provided under paragraph
targeted at populations that are underrep- candidate completed the requirements re- (2) in order to facilitate recruitment of emi-
resented in STEM; lated to the fellowship or temporary rota- nent experts in science or engineering for re-
(2) supporting traineeships or other rel- tional posting described under this sub- search and development projects and to en-
evant programs at minority-serving institu- section. hance the administration and management
tions (or institutions of higher education (e) EXISTING PROGRAMS.—In carrying out of the Foundation.
with an established STEM capacity building this section, the Director may leverage ex- (2) PERSONNEL MANAGEMENT AUTHORITY.—
program focused on traditionally underrep- isting programs, including programs that Under the program under paragraph (1), the
resented populations in STEM, including Na- issue— Foundation may—
tive Hawaiians, Alaska Natives, and Indi- (1) postdoctoral awards; (A) without regard to any provision of title
ans); (2) graduate fellowships and traineeships, 5, United States Code, governing the ap-
(3) addressing current and expected gaps in inclusive of the NSF Research Traineeships pointment of employees in the civil service,
the availability and skills of the STEM and fellowships awarded under the Graduate appoint individuals to a total of not more
workforce, or addressing the needs of the Research Fellowship Program; and than 140 positions in the Foundation, of
STEM workforce, including by prioritizing (3) scholarships, research experiences, and which not more than 5 such positions may be
awards to United States citizens, permanent internships, including— positions of administration or management
residents, and individuals that will grow the (A) scholarships to attend community col- of the Foundation;
domestic workforce; leges; and (B) notwithstanding any provision of title
(4) addressing geographic diversity in the (B) research experiences and internships 5, United States Code, governing the rates of
STEM workforce; and under sections 513, 514, and 515 of the Amer- pay or classification of employees in the ex-
(5) awarding grants to institutions of high- ica COMPETES Reauthorization Act of 2010 ecutive branch, prescribe the rates of basic
er education to address STEM workforce (42 U.S.C. 1862p-5; 1862p-6; 42 U.S.C. 1862p–7); pay for positions to which employees are ap-
gaps, including for programs that recruit, re- and pointed under subparagraph (A)—
tain, and progress students to a bachelor’s (4) awards to institutions of higher edu- (i) in the case of employees appointed pur-
degree in a STEM discipline concurrent with cation to enable the institutions to fund in- suant to subparagraph (A) to any of 5 posi-
a secondary school diploma, such as through novation in undergraduate and graduate edu- tions designated by the Foundation for pur-
existing and new partnerships with State cation, increased educational capacity, and poses of this clause, at rates not in excess of
educational agencies. the development and establishment of new or a rate equal to 150 percent of the maximum
(d) INNOVATION.— specialized programs of study for graduate, rate of basic pay authorized for positions at
(1) GRADUATE EDUCATION.—In carrying out undergraduate, or technical college students, level I of the Executive Schedule under sec-
this section, the Director shall encourage in- and the evaluation of the effectiveness of the tion 5312 of title 5, United States Code; and
novation in graduate education, and study- programs of study. (ii) in the case of any other employee ap-
(f) SET ASIDE.—The Director shall ensure
ing the impacts of such innovations, includ- pointed pursuant to subparagraph (A), at
that not less than 20 percent of the funds
ing through encouraging institutions of rates not in excess of the maximum rate of
available to carry out this section shall be
higher education to offer graduate students basic pay authorized for senior-level posi-
used to support institutions of higher edu-
opportunities to gain experience in industry tions under section 5376 of title 5, United
cation, and other institutions, located in ju-
or government as part of their graduate States Code; and
risdictions that participate in the program
training, and through support for students in (C) pay any employee appointed under sub-
under section 113 of the National Science
professional masters programs related to the paragraph (A), other than an employee ap-
Foundation Authorization Act of 1988 (42
key technology focus areas. pointed to a position designated as described
U.S.C. 1862g).
(2) POSTDOCTORAL PROFESSIONAL DEVELOP- in subparagraph (B)(i), payments in addition
SEC. 2203. EMERGING RESEARCH INSTITUTION
MENT.—In carrying out this section, the Di- PILOT PROGRAM. to basic pay within the limit applicable to
rector shall encourage innovation in (a) IN GENERAL.—The Director shall estab- the employee under paragraph (4).
postdoctoral professional development, sup- lish a 5-year pilot program for awarding (3) LIMITATION ON TERM OF APPOINTMENT.—
port the development and diversity of the grants to eligible partnerships, led by 1 or (A) IN GENERAL.—Except as provided in
STEM workforce, and study the impacts of more emerging research institutions, to subparagraph (B), the service of an employee
such innovation and support. To do so, the build research and education capacity at under an appointment under paragraph (2)(A)
Director may use postdoctoral awards estab- emerging research institutions to enable may not exceed 4 years.
lished under subsection (a) or leveraged such institutions to contribute to programs (B) EXTENSION.—The Director may, in the
under subsection (e)(1) for fellowships or run by the Directorate. case of a particular employee under the pro-
other temporary rotational postings of not (b) APPLICATIONS.—An eligible partnership gram under paragraph (1), extend the period
more than 2 years. Such fellowships or tem- seeking a grant under this section shall sub- to which service is limited under subpara-
porary rotational postings shall be award- mit an application to the Director at such graph (A) by up to 2 years if the Director de-
ed— time, in such manner, and containing such termines that such action is necessary to
(A) to qualified individuals who have a doc- information as the Director may reasonably promote the efficiency of the Foundation, as
toral degree and received such degree not require, including a statement of how the applicable.
earlier than 5 years before the date that the partnership will use the funds awarded (4) MAXIMUM AMOUNT OF ADDITIONAL PAY-
fellowship or temporary rotational posting through the grant to achieve a lasting, sus- MENTS PAYABLE.—Notwithstanding any other
begins; and tainable increase in the research and edu- provision of this subsection or section 5307 of
(B) to carry out research in the key tech- cation capacity of each emerging research title 5, United States Code, no additional
nology focus areas at Federal, State, local, institution included in the eligible partner- payments may be paid to an employee under
and Tribal government research facilities. ship. paragraph (2)(C) in any calendar year if, or
(3) DIRECT HIRE AUTHORITY.— (c) ACTIVITIES.—An eligible partnership re- to the extent that, the employee’s total an-
(A) IN GENERAL.—During fiscal year 2021 ceiving a grant under this section may use nual compensation in such calendar year will
and any fiscal year thereafter, the head of the funds awarded through such grant for in- exceed the maximum amount of total annual
any Federal agency may appoint, without re- creasing research, education, and innovation compensation payable at the salary set in
gard to the provisions of subchapter I of capacity, including for— accordance with section 104 of title 3, United
chapter 33 of title 5, United States Code, (1) faculty training and resources, includ- States Code.
other than sections 3303 and 3328 of that ing joint resources; (b) HIGHLY QUALIFIED EXPERTS IN NEEDED
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title, a qualified candidate described in sub- (2) research experiences for undergraduate OCCUPATIONS.—
paragraph (B) directly to a position in the and graduate students; and (1) IN GENERAL.—The Foundation may
competitive service with the Federal agency (3) maintenance and repair of research carry out a program using the authority pro-
for which the candidate meets Office of Per- equipment and instrumentation. vided in paragraph (2) in order to attract
sonnel Management qualification standards. (d) DEFINITION OF ELIGIBLE PARTNERSHIP.— highly qualified experts in needed occupa-
(B) FELLOWSHIP OR TEMPORARY ROTATIONAL In this section, the term ‘‘eligible partner- tions, as determined by the Foundation. In-
POSTING.—Subparagraph (A) applies with re- ship’’ means a partnership of— dividuals hired by the Director through such
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2597
authority may include individuals with ex- (6) SAVINGS PROVISIONS.—In the event that (B) in paragraph (4), by striking ‘‘mathe-
pertise in business creativity, innovation the Foundation terminates the program matics and science instruction’’ and insert-
management, design thinking, entrepreneur- under this subsection, in the case of an em- ing ‘‘STEM instruction’’.
ship, venture capital, and related fields. ployee who, on the day before the termi- (b) MODERNIZING REFERENCES TO STEM.—
(2) AUTHORITY.—Under the program, the nation of the program, is serving in a posi- Section 3 of the Scientific and Advanced-
Foundation may— tion pursuant to an appointment under this Technology Act of 1992 (42 U.S.C. 1862i) is
(A) appoint personnel from outside the subsection— amended—
civil service and uniformed services (as such (A) the termination of the program does (1) in the section heading, by striking ‘‘SCI-
terms are defined in section 2101 of title 5, not terminate the employee’s employment in ENTIFIC AND TECHNICAL EDUCATION ’’ and in-
United States Code) to positions in the that position before the expiration of the serting ‘‘STEM EDUCATION’’;
Foundation without regard to any provision lesser of— (2) in subsection (a)—
of title 5, United States Code, governing the (i) the period for which the employee was (A) in the subsection heading, by striking
appointment of employees to positions in the appointed; or ‘‘SCIENTIFIC AND TECHNICAL EDUCATION ’’ and
Foundation; (ii) the period to which the employee’s inserting ‘‘STEM EDUCATION’’;
(B) prescribe the rates of basic pay for po- service is limited under paragraph (3), in- (B) in the matter preceding paragraph (1)—
sitions to which employees are appointed cluding any extension made under this sub- (i) by inserting ‘‘and education to prepare
under subparagraph (A) at rates not in ex- section before the termination of the pro- the skilled technical workforce to meet
cess of the maximum rate of basic pay au- gram; and workforce demands’’ before ‘‘, and to im-
thorized for senior-level positions under sec- (B) the rate of basic pay prescribed for the prove’’;
tion 5376 of title 5, United States Code, as in- position under this subsection may not be re- (ii) by striking ‘‘core education courses in
creased by locality-based comparability pay- duced as long as the employee continues to science and mathematics’’ and inserting
ments under section 5304 of such title, not- serve in the position without a break in serv- ‘‘core education courses in STEM fields’’;
withstanding any provision of such title gov- ice. (iii) by inserting ‘‘veterans and individuals
erning the rates of pay or classification of engaged in’’ before ‘‘work in the home’’; and
employees in the executive branch; and (c) ADDITIONAL HIRING AUTHORITY.—To the (iv) by inserting ‘‘and on building a path-
(C) pay any employee appointed under sub- extent needed to carry out the duties under way from secondary schools, to associate-de-
paragraph (A) payments in addition to basic subsection (a)(1), the Director is authorized gree-granting institutions, to careers that
pay within the limits applicable to the em- to utilize hiring authorities under section require technical training’’ before ‘‘, and
ployee under paragraph (4). 3372 of title 5, United States Code, to staff shall be designed’’;
(3) LIMITATION ON TERM OF APPOINTMENT.— the Foundation with employees from other (C) in paragraph (1)—
(A) IN GENERAL.—Except as provided in Federal agencies, State and local govern- (i) by inserting ‘‘and study’’ after ‘‘devel-
subparagraph (B), the service of an employee ments, Indian Tribes and Tribal organiza- opment’’; and
under an appointment made pursuant to this tions, institutions of higher education, and (ii) by striking ‘‘core science and mathe-
subsection may not exceed 5 years. other organizations, as described in that sec- matics courses’’ and inserting ‘‘core STEM
(B) EXTENSION.—The Foundation may, in tion, in the same manner and subject to the courses’’;
the case of a particular employee, extend the same conditions, that apply to such individ- (D) in paragraph (2), by striking ‘‘science,
period to which service is limited under sub- uals utilized to accomplish other missions of mathematics, and advanced-technology
paragraph (A) by up to 1 additional year if the Foundation. fields’’ and inserting ‘‘STEM and advanced-
the Foundation determines that such action (d) NATIONAL ACADEMY OF PUBLIC ADMINIS- technology fields’’;
is necessary to promote the Foundation’s na- TRATION.— (E) in paragraph (3)(A), by inserting ‘‘to
tional security missions. (1) STUDY.—Not later than 30 days after the support the advanced-technology industries
(4) LIMITATIONS ON ADDITIONAL PAYMENTS.— date of enactment of this division, the Direc- that drive the competitiveness of the United
(A) TOTAL AMOUNT.— tor shall contract with the National Acad- States in the global economy’’ before the
(i) IN GENERAL.—The total amount of the emy of Public Administration to conduct a semicolon at the end;
additional payments paid to an employee study on the organizational and manage- (F) in paragraph (4), by striking ‘‘scientific
under this subsection for any 12-month pe- ment structure of the Foundation, to— and advanced-technology fields’’ and insert-
riod may not exceed the lesser of the fol- (A) evaluate and make recommendations ing ‘‘STEM and advanced-technology fields’’;
lowing amounts: to efficiently and effectively implement the and
(I) $50,000 in fiscal year 2021, which may be Directorate for Technology and Innovation; (G) in paragraph (5), by striking ‘‘advanced
adjusted annually thereafter by the Founda- (B) evaluate and make recommendations scientific and technical education’’ and in-
tion, with a percentage increase equal to to ensure coordination of the Directorate for serting ‘‘advanced STEM and advanced-tech-
one-half of 1 percentage point less than the Technology and Innovation with other direc- nology’’;
percentage by which the Employment Cost torates and offices of the Foundation and (3) in subsection (b)—
Index, published quarterly by the Bureau of other Federal agencies; and (A) by striking the subsection heading and
Labor Statistics, for the base quarter of the (C) make recommendations for the man- inserting the following: ‘‘CENTERS OF SCI-
year before the preceding calendar year ex- agement of the Foundation’s business and ENTIFIC AND TECHNICAL EDUCATION.—’’;
ceeds the Employment Cost Index for the personnel practices, including implementa- (B) in the matter preceding paragraph (1),
base quarter of the second year before the tion of the new hiring authorities and pro- by striking ‘‘not to exceed 12 in number’’ and
preceding calendar year. gram director authorities provided in this inserting ‘‘in advanced-technology fields’’;
(II) The amount equal to 50 percent of the section and section 2103. (C) in paragraph (2), by striking ‘‘education
employee’s annual rate of basic pay. (2) REVIEW.—Upon completion of the study in mathematics and science’’ and inserting
(ii) DEFINITION OF BASE QUARTER.— For pur- under paragraph (1), the Foundation shall re- ‘‘STEM education’’; and
poses of this subparagraph, the term ‘‘base view the recommendations from the Na- (D) in the flush matter following paragraph
quarter’’ has the meaning given such term tional Academy of Public Administration (2), by striking ‘‘in the geographic region
by section 5302(3) of title 5, United States and provide a briefing to Congress on the served by the center’’;
Code. plans of the Foundation to implement any (4) in subsection (c)—
(B) ELIGIBILITY FOR PAYMENTS.—An em- such recommendations. (A) in paragraph (1)—
ployee appointed under this subsection is not (i) in subparagraph (A)—
eligible for any bonus, monetary award, or SEC. 2205. ADVANCED TECHNOLOGICAL MANU- (I) in the matter preceding clause (i), by
FACTURING ACT.
other monetary incentive for service, except striking ‘‘to encourage’’ and all that follows
for payments authorized under this sub- (a) FINDINGS AND PURPOSE.—Section 2 of through ‘‘such means as—’’ and inserting ‘‘to
section. the Scientific and Advanced-Technology Act encourage the development of career and
(C) ADDITIONAL LIMITATION.—Notwith- of 1992 (42 U.S.C. 1862h) is amended— educational pathways with multiple entry
standing any other provision of this para- (1) in subsection (a)— and exit points leading to credentials and de-
graph or of section 5307 of title 5, United (A) in paragraph (3), by striking ‘‘science, grees, and to assist students pursuing path-
States Code, no additional payments may be mathematics, and technology’’ and inserting ways in STEM fields to transition from asso-
paid to an employee under this subsection in ‘‘science, technology, engineering, and math- ciate-degree-granting colleges to bachelor-
any calendar year if, or to the extent that, ematics or STEM’’; degree-granting institutions, through such
the employee’s total annual compensation (B) in paragraph (4), by inserting ‘‘edu- means as—’’;
will exceed the maximum amount of total cated’’ and before ‘‘trained’’; and (II) in clause (i), by striking ‘‘to ensure’’
annual compensation payable at the salary (C) in paragraph (5), by striking ‘‘scientific and inserting ‘‘to develop articulation agree-
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set in accordance with section 104 of title 3, and technical education and training’’ and ments that ensure’’; and
United States Code. inserting ‘‘STEM education and training’’; (III) in clause (ii), by striking ‘‘courses at
(5) LIMITATION ON NUMBER OF HIGHLY QUALI- and the bachelor-degree-granting institution’’
FIED EXPERTS.—The number of highly quali- (2) in subsection (b)— and inserting ‘‘the career and educational
fied experts appointed and retained by the (A) in paragraph (2), by striking ‘‘mathe- pathways supported by the articulation
Foundation under paragraph (2)(A) shall not matics and science’’ and inserting ‘‘STEM agreements’’;
exceed 140 at any time. fields’’; and (ii) in subparagraph (B)—
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S2598 CONGRESSIONAL RECORD — SENATE May 18, 2021
(I) in clause (i), by inserting ‘‘veterans and (D) by redesignating paragraphs (8) and (9) foundations, or other appropriate private en-
individuals engaged in’’ before ‘‘work in the as paragraphs (7) and (8), respectively; tities to—
home’’; (E) in paragraph (7), as redesignated by (1) enhance the impact of the Foundation’s
(II) in clause (iii)— subparagraph (D), by striking ‘‘and’’ after investments and contributions to the United
(aa) by striking ‘‘bachelor’s-degree-grant- the semicolon; States economic competitiveness and secu-
ing institutions’’ and inserting ‘‘institutions (F) in paragraph (8), as redesignated by rity; and
or work sites’’; and subparagraph (D)— (2) make available infrastructure, exper-
(bb) by inserting ‘‘or industry internships’’ (i) by striking ‘‘mathematics, science, en- tise, and financial resources to the United
after ‘‘summer programs’’; and gineering, or technology’’ and inserting States scientific and engineering research
(III) by striking the flush text following ‘‘science, technology, engineering, or mathe- and education enterprise.
clause (iv); and matics’’; and (b) MERIT REVIEW.—Nothing in this section
(iii) by striking subparagraph (C); (ii) by striking the period at the end and shall be construed as altering any intellec-
(B) in paragraph (2)— inserting ‘‘; and’’; and tual or broader impacts criteria at the Foun-
(i) by striking ‘‘mathematics and science (G) by adding at the end the following: dation for evaluating grant applications.
programs’’ and inserting ‘‘STEM programs’’; ‘‘(9) the term skilled technical workforce
(ii) by inserting ‘‘and, as appropriate, ele- SEC. 2208. AI SCHOLARSHIP-FOR-SERVICE ACT.
means workers—
mentary schools,’’ after ‘‘with secondary ‘‘(A) in occupations that use significant (a) DEFINITIONS.—In this section:
schools’’; levels of science and engineering expertise (1) ARTIFICIAL INTELLIGENCE.—The term
(iii) by striking ‘‘mathematics and science and technical knowledge; and ‘‘artificial intelligence’’ or ‘‘AI’’ has the
education’’ and inserting ‘‘STEM edu- ‘‘(B) whose level of educational attainment meaning given the term ‘‘artificial intel-
cation’’; is less than a bachelor degree.’’. ligence’’ in section 238(g) of the John S.
(iv) by striking ‘‘secondary school stu- (c) AUTHORIZATION OF APPROPRIATIONS.— McCain National Defense Authorization Act
dents’’ and inserting ‘‘students at these Section 5 of the Scientific and Advanced- for Fiscal Year 2019 (10 U.S.C. 2358 note).
schools’’; Technology Act of 1992 (42 U.S.C. 1862j) is (2) EXECUTIVE AGENCY.—The term ‘‘execu-
(v) by striking ‘‘science and advanced-tech- amended to read as follows: tive agency’’ has the meaning given the term
nology fields’’ and inserting ‘‘STEM and ad- ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ‘‘Executive agency’’ in section 105 of title 5,
vanced-technology fields’’; and United States Code.
‘‘There are authorized to be appropriated
(vi) by striking ‘‘agreements with local (3) REGISTERED INTERNSHIP.—The term
to the Director (from sums otherwise author-
educational agencies’’ and inserting ‘‘articu- ‘‘registered internship’’ means a Federal
ized to be appropriated for the Foundation)
lation agreements or dual credit courses Registered Internship Program coordinated
for carrying out sections 2 through 4,
with local secondary schools, or other means through the Department of Labor.
$150,000,000 for fiscal years 2022 through
as the Director determines appropriate,’’; (b) IN GENERAL.—The Director, in coordi-
2026.’’.
and nation with the Director of the Office of Per-
(C) in paragraph (3)— SEC. 2206.
INTRAMURAL EMERGING INSTITU-
TIONS PILOT PROGRAM. sonnel Management, the Director of the Na-
(i) by striking subparagraph (B); tional Institute of Standards and Tech-
(ii) by striking ‘‘shall—’’and all that fol- (a) ESTABLISHMENT.—The Director shall
conduct multiple pilot programs within the nology, and the heads of other agencies with
lows through ‘‘establish a’’ and inserting appropriate scientific knowledge, shall es-
‘‘shall establish a’’; Foundation to expand the number of institu-
tions of higher education (including such in- tablish a Federal artificial intelligence
(iii) by striking ‘‘the fields of science, tech- scholarship-for-service program (referred to
nology, engineering, and mathematics’’ and stitutions that are community colleges), and
other eligible entities that the Director de- in this section as the Federal AI Scholar-
inserting ‘‘STEM fields’’; and ship-for-Service Program) to recruit and
(iv) by striking ‘‘; and’’ and inserting ‘‘, in- termines appropriate, that are able to suc-
cessfully compete for Foundation grants. train artificial intelligence professionals to
cluding jobs at Federal and academic labora-
(b) COMPONENTS.—Each pilot program de- lead and support the application of artificial
tories.’’;
scribed in subsection (a) shall include at intelligence to the missions of Federal,
(5) in subsection (d)(2)—
least 1 of the following elements: State, local, and Tribal governments.
(A) in subparagraph (D), by striking ‘‘and’’
after the semicolon; (1) A mentorship program. (c) QUALIFIED INSTITUTION OF HIGHER EDU-
(B) in subparagraph (E), by striking the pe- (2) Grant writing technical assistance. CATION.—The Director, in coordination with
riod at the end and inserting a semicolon; (3) Targeted outreach, including to a mi- the heads of other agencies with appropriate
and nority-serving institution (including a his- scientific knowledge, shall establish criteria
(C) by adding at the end the following: torically Black college or university, a Trib- to designate qualified institutions of higher
‘‘(F) as appropriate, applications that al college or university, or a Hispanic-serv- education that shall be eligible to partici-
apply the best practices for STEM education ing institution or an institution of higher pate in the Federal AI Scholarship-for-Serv-
and technical skills education through dis- education with an established STEM capac- ice program. Such criteria shall include—
tance learning or in a simulated work envi- ity building program focused on tradition- (1) measures of the institution’s dem-
ronment, as determined by research de- ally underrepresented populations in STEM, onstrated excellence in the education of stu-
scribed in subsection (f); and’’; including Native Hawaiians, Alaska Natives, dents in the field of artificial intelligence;
(6) in subsection (g), by striking the second and Indians). and
sentence; (4) Programmatic support or solutions for (2) measures of the institution’s ability to
(7) in subsection (h)(1)— institutions or entities that do not have an attract and retain a diverse and non-tradi-
(A) in subparagraph (A), by striking ‘‘2022’’ experienced grant management office. tional student population in the fields of
and inserting ‘‘2026’’; (5) An increase in the number of grant re- science, technology, engineering, and mathe-
(B) in subparagraph (B), by striking ‘‘2022’’ viewers from institutions of higher edu- matics, which may include the ability to at-
and inserting ‘‘2026’’; and cation that have not traditionally received tract women, minorities, and individuals
(C) in subparagraph (C)— funds from the Foundation. with disabilities.
(i) by striking ‘‘up to $2,500,000’’ and insert- (6) An increase of the term and funding, for (d) PROGRAM DESCRIPTION AND COMPO-
ing ‘‘not less than $3,000,000’’; and a period of 3 years or less, as appropriate, to NENTS.—The Federal AI Scholarship-for-
(ii) by striking ‘‘2022’’ and inserting ‘‘2026’’; a principal investigator that is a first-time Service Program shall—
(8) in subsection (i)— grant awardee, when paired with regular (1) provide scholarships through qualified
(A) by striking paragraph (3); and mentoring on the administrative aspects of institutions of higher education to students
(B) by redesignating paragraphs (4) and (5) grant management. who are enrolled in programs of study at in-
as paragraphs (3) and (4), respectively; and (c) LIMITATION.—As appropriate, each pilot stitutions of higher education leading to de-
(9) in subsection (j)— program described in subsection (a) shall grees or concentrations in or related to the
(A) by striking paragraph (1) and inserting work to reduce administrative burdens. artificial intelligence field;
the following: (d) AGENCY-WIDE PROGRAMS.—Not later (2) provide the scholarship recipients with
‘‘(1) the term advanced-technology in- than 5 years after the date of enactment of summer internship opportunities, registered
cludes technological fields such as advanced this division, the Director shall— internships, or other meaningful temporary
manufacturing, agricultural-, biological- and (1) review the results of the pilot programs appointments in the Federal workforce fo-
chemical-technologies, energy and environ- described in subsection (a); and cusing on AI projects or research;
mental technologies, engineering tech- (2) develop agency-wide best practices from (3) prioritize the employment placement of
nologies, information technologies, micro the pilot programs for implementation scholarship recipients in executive agencies;
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and nano-technologies, cybersecurity tech- across the Foundation, in order to fulfill the (4) identify opportunities to promote
nologies, geospatial technologies, and new, requirement under section 3(e) of the Na- multi-disciplinary programs of study that in-
emerging technology areas;’’; tional Science Foundation Act of 1950 (42 tegrate basic or advanced AI training with
(B) in paragraph (4), by striking ‘‘separate U.S.C. 1862(e)). other fields of study, including those that
bachelor-degree-granting institutions’’ and SEC. 2207. PUBLIC-PRIVATE PARTNERSHIPS. address the social, economic, legal, and eth-
inserting ‘‘other entities’’; (a) IN GENERAL.—The Director shall pursue ical implications of human interaction with
(C) by striking paragraph (7); partnerships with private industry, private AI systems; and
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2599
(5) support capacity-building education re- (A) fails to maintain an acceptable level of percentage that will apply to all eligible en-
search programs that will enable postsec- academic standing at the applicable institu- tities, and may update this percentage as
ondary educational institutions to expand tion of higher education, as determined by needed, in the determination of the Director.
their ability to train the next-generation AI the Director; (n) EXCEPTIONS.—The Director may provide
workforce, including AI researchers and (B) is dismissed from the applicable insti- for the partial or total waiver or suspension
practitioners. tution of higher education for disciplinary of any service or payment obligation by an
(e) SCHOLARSHIP AMOUNTS.—Each scholar- reasons; individual under this section whenever com-
ship under subsection (d) shall be in an (C) withdraws from the eligible degree pro- pliance by the individual with the obligation
amount that covers the student’s tuition and gram before completing the program; is impossible or would involve extreme hard-
fees at the institution for not more than 3 (D) declares that the individual does not ship to the individual, or if enforcement of
years and provides the student with an addi- intend to fulfill the post-award employment such obligation with respect to the indi-
tional stipend. obligation under this section; or vidual would be unconscionable.
(f) POST-AWARD EMPLOYMENT OBLIGA- (E) fails to fulfill the post-award employ- (o) PUBLIC INFORMATION.—
TIONS.—Each scholarship recipient, as a con- ment obligation of the individual under this (1) EVALUATION.—The Director, in coordi-
dition of receiving a scholarship under the section. nation with the Director of the Office of Per-
program, shall enter into an agreement (j) MONITORING COMPLIANCE.—As a condi- sonnel Management, shall annually evaluate
under which the recipient agrees to work for tion of participating in the program, a quali- and make public, in a manner that protects
a period equal to the length of the scholar- fied institution of higher education shall— the personally identifiable information of
ship, following receipt of the student’s de- (1) enter into an agreement with the Direc- scholarship recipients, information on the
gree, in the AI mission of— tor to monitor the compliance of scholarship success of recruiting individuals for scholar-
(1) an executive agency; recipients with respect to their post-award ships under this section and on hiring and re-
(2) Congress, including any agency, entity, employment obligations; and taining those individuals in the public sector
office, or commission established in the leg- (2) provide to the Director, on an annual AI workforce, including information on—
islative branch; basis, the post-award employment docu- (A) placement rates;
(3) an interstate agency; mentation required under subsection (i) for (B) where students are placed, including
(4) a State, local, or Tribal government, scholarship recipients through the comple- job titles and descriptions;
which may include instruction in AI-related tion of their post-award employment obliga- (C) salary ranges for students not released
skill sets in a public school system; or tions. from obligations under this section;
(5) a State, local, or Tribal government-af- (k) AMOUNT OF REPAYMENT.—
(D) how long after graduation students are
filiated nonprofit entity that is considered to (1) LESS THAN 1 YEAR OF SERVICE.—If a cir-
placed;
be critical infrastructure (as defined in sec- cumstance described in subsection (i)(2) oc-
(E) how long students stay in the positions
tion 1016(e) of the USA Patriot Act (42 U.S.C. curs before the completion of 1 year of a
they enter upon graduation;
5195c(e))). post-award employment obligation under
(F) how many students are released from
(g) HIRING AUTHORITY.— this section, the total amount of scholarship
obligations; and
(1) APPOINTMENT IN EXCEPTED SERVICE.— awards received by the individual under this
(G) what, if any, remedial training is re-
Notwithstanding any provision of chapter 33 section shall—
quired.
of title 5, United States Code, governing ap- (A) be repaid; or
(2) REPORTS.—The Director, in coordina-
pointments in the competitive service, an (B) be treated as a loan to be repaid in ac-
tion with the Office of Personnel Manage-
executive agency may appoint an individual cordance with subsection (l).
ment, shall submit, not less frequently than
who has completed the eligible degree pro- (2) 1 OR MORE YEARS OF SERVICE.—If a cir-
once every 3 years, to the Committee on
gram for which a scholarship was awarded to cumstance described in subparagraph (D) or
Homeland Security and Governmental Af-
a position in the excepted service in the ex- (E) of subsection (i)(2) occurs after the com-
fairs of the Senate, the Committee on Com-
ecutive agency. pletion of 1 or more years of a post-award
merce, Science, and Transportation of the
(2) NONCOMPETITIVE CONVERSION.—Except employment obligation under this section,
Senate, the Committee on Science, Space,
as provided in paragraph (4), upon fulfill- the total amount of scholarship awards re-
and Technology of the House of Representa-
ment of the service term, an employee ap- ceived by the individual under this section,
tives, and the Committee on Oversight and
pointed under paragraph (1) may be con- reduced by the ratio of the number of years
Reform of the House of Representatives a re-
verted noncompetitively to term, career-con- of service completed divided by the number
port, including the results of the evaluation
ditional, or career appointment. of years of service required, shall—
under paragraph (1) and any recent statistics
(3) TIMING OF CONVERSION.—An executive (A) be repaid; or
regarding the size, composition, and edu-
agency may noncompetitively convert a (B) be treated as a loan to be repaid in ac-
cational requirements of the Federal AI
term employee appointed under paragraph cordance with subsection (l).
(l) REPAYMENTS.—A loan described in sub- workforce.
(2) to a career-conditional or career appoint-
section (k) shall— (3) RESOURCES.—The Director, in coordina-
ment before the term appointment expires.
(1) be treated as a Federal Direct Unsub- tion with the Director of the Office of Per-
(4) AUTHORITY TO DECLINE CONVERSION.—An
sidized Stafford Loan under part D of title IV sonnel Management, shall provide consoli-
executive agency may decline to make the
of the Higher Education Act of 1965 (20 U.S.C. dated and user-friendly online resources for
noncompetitive conversion or appointment
1087a et seq.); and prospective scholarship recipients, including,
under paragraph (2) for cause.
(h) ELIGIBILITY.—To be eligible to receive a (2) be subject to repayment, together with to the extent practicable—
scholarship under this section, an individual interest thereon accruing from the date of (A) searchable, up-to-date, and accurate in-
shall— the scholarship award, in accordance with formation about participating institutions of
(1) be a citizen or lawful permanent resi- terms and conditions specified by the Direc- higher education and job opportunities re-
dent of the United States; tor (in consultation with the Secretary of lated to the AI field; and
(2) demonstrate a commitment to a career Education). (B) a modernized description of AI careers.
in advancing the field of AI; (m) COLLECTION OF REPAYMENT.— (p) REFRESH.—Not less than once every 2
(3) be— (1) IN GENERAL.—In the event that a schol- years, the Director, in coordination with the
(A) a full-time student in an eligible degree arship recipient is required to repay the Director of the Office of Personnel Manage-
program at a qualified institution of higher scholarship award under this section, the ment, shall review and update the Federal AI
education, as determined by the Director; qualified institution of higher education pro- Scholarship-for-Service Program to reflect
(B) a student pursuing a degree on a less viding the scholarship shall— advances in technology.
than full-time basis, but not less than half- (A) determine the repayment amounts and SEC. 2209. GEOGRAPHIC DIVERSITY.
time basis; or notify the recipient and the Director of the (a) DIRECTORATE.—The Director shall use
(C) an AI faculty member on sabbatical to amounts owed; and not less than 20 percent of the funds provided
advance knowledge in the field; and (B) collect the repayment amounts within to the Directorate, for each fiscal year, to
(4) accept the terms of a scholarship under a period of time as determined by the Direc- carry out the program under section 113 of
this section. tor, or the repayment amounts shall be the National Science Foundation Authoriza-
(i) CONDITIONS OF SUPPORT.— treated as a loan in accordance with sub- tion Act of 1988 (42 U.S.C. 1862g) for the pur-
(1) IN GENERAL.—As a condition of receiv- section (l). poses of carrying out sections 2104, 2106, 2107,
ing a scholarship under this section, a recipi- (2) RETURNED TO TREASURY.—Except as pro- 2108, and 2109 of this Act.
ent shall agree to provide the qualified insti- vided in paragraph (3), any repayment under (b) NATIONAL SCIENCE FOUNDATION.—The
tution of higher education with annual this subsection shall be returned to the Director shall use not less than 20 percent of
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verifiable documentation of post-award em- Treasury of the United States. the funds provided to the Foundation, for
ployment and up-to-date contact informa- (3) RETAIN PERCENTAGE.—A qualified insti- each fiscal year, to carry out the program
tion. tution of higher education may retain a per- under section 113 of the National Science
(2) TERMS.—A scholarship recipient under centage of any repayment the institution Foundation Authorization Act of 1988 (42
this section shall be liable to the United collects under this subsection to defray ad- U.S.C. 1862g).
States as provided in subsection (k) if the in- ministrative costs associated with the col- (c) DEPARTMENT OF ENERGY.—The Sec-
dividual— lection. The Director shall establish a fixed retary of Energy shall use not less than 20
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S2600 CONGRESSIONAL RECORD — SENATE May 18, 2021
percent of the funds provided to the Depart- (VII) designing and implementing profes- (A) A description of the target population
ment of Energy under section 2117 for each sional development courses and experiences, to be served by the research activity or ac-
fiscal year to carry out the program under including mentoring, for rural educators de- tivities for which such grant is sought.
section 2203(b)(3) of the Energy Policy Act of scribed in subclause (I) that combine face-to- (B) A description of the process for recruit-
1992 (42 U.S.C. 13503(b)(3)). face and online experiences; and ment and selection of students, educators, or
(d) CONSORTIA.—In the case of an award to (VIII) any other activity the Director de- schools from rural areas to participate in
a consortium under this division, the Direc- termines will accomplish the goals of this such activity or activities.
tor may count the entire award toward paragraph. (C) A description of how such activity or
meeting the funding requirements of this (ii) RURAL STEM COLLABORATIVE.—The Di- activities may inform efforts to promote the
section if the lead entity of the consortium rector shall establish a pilot program of re- engagement and achievement of rural stu-
is located in a jurisdiction that is eligible to gional cohorts in rural areas that will pro- dents in prekindergarten through grade 12 in
participate in the program under section 113 vide peer support, mentoring, and hands-on STEM studies.
of the National Science Foundation Author- research experiences for rural STEM edu- (D) In the case of a proposal consisting of
ization Act of 1988 (42 U.S.C. 1862g). In the cators of students in prekindergarten a partnership or partnerships with one or
case of an award to a consortium under this through grade 12, in order to build an eco- more rural schools and one or more research-
division, the Secretary may count the entire system of cooperation among educators, re- ers, a plan for establishing a sustained part-
award toward meeting the funding require- searchers, academia, and local industry. nership that is jointly developed and man-
ments of this section if the lead entity of the (2) BROADENING PARTICIPATION OF RURAL aged, draws from the capacities of each part-
consortium is located in a jurisdiction that STUDENTS IN STEM.— ner, and is mutually beneficial.
is eligible to participate in the program (A) IN GENERAL.—The Director shall pro- (4) PARTNERSHIPS.—In awarding grants
under section 2203(b)(3) of the Energy Policy vide grants on a merit-reviewed, competitive under paragraph (1) or (2), the Director
Act of 1992 (42 U.S.C. 13503(b)(3)). shall—
basis to institutions of higher education or
SEC. 2210. RURAL STEM EDUCATION ACT. nonprofit organizations (or a consortium (A) encourage applicants which, for the
(a) DEFINITIONS.—In this section: thereof) for— purpose of the activity or activities funded
(1) FEDERAL LABORATORY.—The term ‘‘Fed- (i) research and development of program- through the grant, include or partner with a
eral laboratory’’ has the meaning given such ming to identify the barriers rural students nonprofit organization or an institution of
term in section 4 of the Stevenson-Wydler face in accessing high-quality STEM edu- higher education (or a consortium thereof)
Technology Innovation Act of 1980 (15 U.S.C. cation; and that has extensive experience and expertise
3703). (ii) development of innovative solutions to in increasing the participation of rural stu-
(2) INSTITUTION OF HIGHER EDUCATION.—The improve the participation and advancement dents in prekindergarten through grade 12 in
term ‘‘institution of higher education’’ has of rural students in prekindergarten through STEM; and
the meaning given such term in section grade 12 in STEM studies. (B) encourage applicants which, for the
101(a) of the Higher Education Act of 1965 (20 (B) USE OF FUNDS.— purpose of the activity or activities funded
U.S.C. 1001(a)). (i) IN GENERAL.—Grants awarded under this through the grant, include or partner with a
(3) STEM.—The term ‘‘STEM’’ has the paragraph shall be used for the research and consortium of rural schools or rural school
meaning given the term in section 2 of the development activities referred to in sub- districts.
America COMPETES Reauthorization Act of paragraph (A), which may include— (5) EVALUATIONS.—All proposals for grants
2010 (42 U.S.C. 6621 note). (I) developing partnerships with commu- under paragraphs (1) and (2) shall include an
(4) STEM EDUCATION.—The term ‘‘STEM nity colleges to offer advanced STEM course evaluation plan that includes the use of out-
education’’ has the meaning given the term work, including computer science, to rural come-oriented measures to assess the impact
in section 2 of the STEM Education Act of high school students; and efficacy of the grant. Each recipient of a
2015 (42 U.S.C. 6621 note). grant under this subsection shall include re-
(II) supporting research on effective STEM
(b) NATIONAL SCIENCE FOUNDATION RURAL sults from these evaluative activities in an-
practices in rural settings;
STEM ACTIVITIES.— nual and final projects.
(III) implementing a school-wide STEM ap-
(1) PREPARING RURAL STEM EDUCATORS.— (6) ACCOUNTABILITY AND DISSEMINATION.—
proach;
(A) IN GENERAL.—The Director shall pro- (A) EVALUATION REQUIRED.—The Director
(IV) improving the Foundation’s Advanced
vide grants on a merit-reviewed, competitive shall evaluate the portfolio of grants award-
Technology Education program’s coordina-
basis to institutions of higher education or ed under paragraphs (1) and (2). Such evalua-
tion and engagement with rural commu-
nonprofit organizations (or a consortium tion shall—
nities;
thereof) for research and development to ad- (i) assess the results of research conducted
(V) collaborating with existing community
vance innovative approaches to support and under such grants and identify best prac-
partners and networks, such as the Coopera-
sustain high-quality STEM teaching in rural tices; and
schools. tive Extension System services and extra- (ii) to the extent practicable, integrate the
(B) USE OF FUNDS.— mural research programs of the Department findings of research resulting from the activ-
(i) IN GENERAL.—Grants awarded under this of Agriculture and youth serving organiza- ity or activities funded through such grants
paragraph shall be used for the research and tions like 4–H, after school STEM programs, with the findings of other research on rural
development activities referred to in sub- and summer STEM programs, to leverage students’ pursuit of degrees or careers in
paragraph (A), which may include— community resources and develop place- STEM.
(I) engaging rural educators of students in based programming; (B) REPORT ON EVALUATIONS.—Not later
prekindergarten through grade 12 in profes- (VI) connecting rural school districts and than 180 days after the completion of the
sional learning opportunities to enhance institutions of higher education, to improve evaluation under subparagraph (A), the Di-
STEM knowledge, including computer precollegiate STEM education and engage- rector shall submit to Congress and make
science, and develop best practices; ment; widely available to the public a report that
(II) supporting research on effective STEM (VII) supporting partnerships that offer includes—
teaching practices in rural settings, includ- hands-on inquiry-based science activities, in- (i) the results of the evaluation; and
ing the use of rubrics and mastery-based cluding coding, and access to lab resources (ii) any recommendations for administra-
grading practices to assess student perform- for students studying STEM in prekinder- tive and legislative action that could opti-
ance when employing the transdisciplinary garten through grade 12 in a rural area; mize the effectiveness of the grants awarded
teaching approach for STEM disciplines; (VIII) evaluating the role of broadband under this subsection.
(III) designing and developing pre-service connectivity and its associated impact on (7) REPORT BY COMMITTEE ON EQUAL OPPOR-
and in-service training resources to assist the STEM and technology literacy of rural TUNITIES IN SCIENCE AND ENGINEERING.—As
such rural educators in adopting students; part of the first report required by section
transdisciplinary teaching practices across (IX) building capacity to support extra- 36(e) of the Science and Engineering Equal
STEM courses; curricular STEM programs in rural schools, Opportunities Act (42 U.S.C. 1885c(e)) trans-
(IV) coordinating with local partners to including mentor-led engagement programs, mitted to Congress after the date of enact-
adapt STEM teaching practices to leverage STEM programs held during nonschool ment of this division, the Committee on
local, natural, and community assets in hours, STEM networks, makerspaces, coding Equal Opportunities in Science and Engi-
order to support in-place learning in rural activities, and competitions; and neering shall include—
areas; (X) any other activity the Director deter- (A) a description of past and present poli-
(V) providing hands-on training and re- mines will accomplish the goals of this para- cies and activities of the Foundation to en-
ctelli on DSK11ZRN23PROD with SENATE
search opportunities for rural educators de- graph. courage full participation of students in
scribed in subclause (I) at Federal labora- (3) APPLICATION.—An applicant seeking a rural communities in science, mathematics,
tories or institutions of higher education, or grant under paragraph (1) or (2) shall submit engineering, and computer science fields;
in industry; an application at such time, in such manner, and
(VI) developing training and best practices and containing such information as the Di- (B) an assessment of the policies and ac-
for educators who teach multiple grade lev- rector may require. The application may in- tivities of the Foundation, along with pro-
els within a STEM discipline; clude the following: posals for new strategies or the broadening
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2601
of existing successful strategies towards fa- Director shall enter into an agreement with (I) by striking ‘‘and local colleges’’ and in-
cilitating the goal of increasing participa- the National Academies of Sciences, Engi- serting the following: ‘‘local high schools
tion of rural students in prekindergarten neering, and Medicine under which the Na- and local colleges, including those in under-
through grade 12 in Foundation activities. tional Academies agree to conduct an eval- served and rural communities,’’; and
(8) COORDINATION.—In carrying out this uation and assessment that— (II) by inserting ‘‘or other applied learning
subsection, the Director shall, for purposes (A) evaluates the quality and quantity of opportunities’’ after ‘‘apprenticeships’’; and
of enhancing program effectiveness and current Federal programming and research (B) in subsection (d)(3), by striking ‘‘, com-
avoiding duplication of activities, consult, directed at examining STEM education for munity colleges, and area career and tech-
cooperate, and coordinate with the programs students in prekindergarten through grade 12 nical education schools,’’ and inserting the
and policies of other relevant Federal agen- and workforce development in rural areas; following: ‘‘and local high schools, commu-
cies. (B) in coordination with the Federal Com- nity colleges, and area career and technical
(c) OPPORTUNITIES FOR ONLINE EDU- munications Commission, assesses the im- education schools, including those in under-
CATION.— pact that the scarcity of broadband served and rural communities,’’.
(1) IN GENERAL.—The Director shall award connectivity in rural communities, and the (2) RURAL CONNECTIVITY PRIZE COMPETI-
competitive grants to institutions of higher affordability of broadband connectivity, TION.—
education or nonprofit organizations (or a have on STEM and technical literacy for stu- (A) PRIZE COMPETITION.—Pursuant to sec-
consortium thereof, which may include a pri- dents in prekindergarten through grade 12 in tion 24 of the Stevenson-Wydler Technology
vate sector partner) to conduct research on rural areas; Innovation Act of 1980 (15 U.S.C. 3719), the
online STEM education courses for rural (C) assesses the core research and data Secretary of Commerce shall carry out a pro-
communities. needed to understand the challenges rural gram to award prizes competitively to stim-
(2) RESEARCH AREAS.—The research areas areas are facing in providing quality STEM ulate research and development of creative
eligible for funding under this subsection education and workforce development; technologies to support the deployment of
shall include— (D) makes recommendations for action at affordable and reliable broadband
(A) evaluating the learning and achieve- the Federal, State, and local levels for im- connectivity in rural communities, including
ment of rural students in prekindergarten proving STEM education, including online unserved rural communities.
through grade 12 in STEM subjects; STEM education, for students in prekinder- (B) PLAN FOR DEPLOYMENT IN RURAL COMMU-
(B) understanding how computer-based and garten through grade 12 and workforce devel- NITIES.—Each proposal submitted pursuant
online professional development courses and opment in rural areas; and to subparagraph (A) shall include a proposed
mentor experiences can be integrated to (E) makes recommendations to inform the plan for deployment of the technology that
meet the needs of educators of rural students implementation of programs in subsections is the subject of such proposal.
in prekindergarten through grade 12; (a), (b), and (c). (C) PRIZE AMOUNT.—In carrying out the
(C) combining computer-based and online (2) REPORT TO DIRECTOR.—The agreement program under subparagraph (A), the Sec-
STEM education and training with appren- entered into under paragraph (1) shall re- retary may award not more than a total of
ticeships, mentoring, or other applied learn- quire the National Academies of Sciences, $5,000,000 to one or more winners of the prize
ing arrangements; Engineering, and Medicine, not later than 24 competition.
(D) leveraging online programs to supple- months after the date of enactment of this (D) REPORT.—Not later than 60 days after
ment STEM studies for rural students that division, to submit to the Director a report the date on which a prize is awarded under
need physical and academic accommodation; on the study conducted under such para- the prize competition, the Secretary shall
and graph, including the National Academies’ submit to the relevant committees of Con-
(E) any other activity the Director deter- findings and recommendations. gress a report that describes the winning
mines will accomplish the goals of this sub- (e) GAO REVIEW.—Not later than 3 years proposal of the prize competition.
section. after the date of enactment of this division, (E) CONSULTATION.—In carrying out the
(3) EVALUATIONS.—All proposals for grants the Comptroller General of the United States program under this paragraph, the Secretary
under this subsection shall include an eval- shall conduct a study on the engagement of shall consult with the Federal Communica-
uation plan that includes the use of out- rural populations in Federal STEM programs tions Commission and the heads of relevant
come-oriented measures to assess the impact and submit to Congress a report that in- departments and agencies of the Federal
and efficacy of the grant. Each recipient of a cludes— Government.
grant under this subsection shall include re- (1) an assessment of how Federal STEM SEC. 2211. QUANTUM NETWORK INFRASTRUC-
sults from these evaluative activities in an- education programs are serving rural popu- TURE AND WORKFORCE DEVELOP-
nual and final projects. lations; MENT ACT.
(4) ACCOUNTABILITY AND DISSEMINATION.— (2) a description of initiatives carried out (a) DEFINITIONS.—In this section:
(A) EVALUATION REQUIRED.—The Director by Federal agencies that are targeted at sup- (1) ESEA DEFINITIONS.—The terms ‘‘ele-
shall evaluate the portfolio of grants award- porting STEM education in rural areas; mentary school’’, ‘‘high school’’, ‘‘local edu-
ed under this subsection. Such evaluation (3) an assessment of what is known about cational agency’’, and ‘‘secondary school’’
shall— the impact and effectiveness of Federal in- have the meanings given those terms in sec-
(i) use a common set of benchmarks and vestments in STEM education programs that tion 8101 of the Elementary and Secondary
tools to assess the results of research con- are targeted to rural areas; and Education Act of 1965 (20 U.S.C. 7801).
ducted under such grants and identify best (4) an assessment of challenges that State (2) APPROPRIATE COMMITTEES OF CON-
practices; and and Federal STEM education programs face GRESS.—The term ‘‘appropriate committees
(ii) to the extent practicable, integrate in reaching rural population centers. of Congress’’ has the meaning given such
findings from activities carried out pursuant (f) CAPACITY BUILDING THROUGH EPSCOR.— term in section 2 of the National Quantum
to research conducted under this subsection, Section 517(f)(2) of the America COMPETES Initiative Act (15 U.S.C. 8801).
with respect to the pursuit of careers and de- Reauthorization Act of 2010 (42 U.S.C. 1862p– (3) INTERAGENCY WORKING GROUP.—The
grees in STEM, with those activities carried 9(f)(2)) is amended— term ‘‘Interagency Working Group’’ means
out pursuant to other research on serving (1) in subparagraph (A), by striking ‘‘and’’ the QIS Workforce Working Group under the
rural students and communities. at the end; and Subcommittee on Quantum Information
(B) REPORT ON EVALUATIONS.—Not later (2) by adding at the end the following: Science of the National Science and Tech-
than 180 days after the completion of the ‘‘(C) to increase the capacity of rural com- nology Council.
evaluation under subparagraph (A), the Di- munities to provide quality STEM education (4) Q2WORK PROGRAM.—The term ‘‘Q2Work
rector shall submit to Congress and make and STEM workforce development program- Program’’ means the Q2Work Program sup-
widely available to the public a report that ming to students and teachers; and’’. ported by the Foundation.
includes— (g) NIST ENGAGEMENT WITH RURAL COMMU- (5) QUANTUM INFORMATION SCIENCE.—The
(i) the results of the evaluation; and NITIES.— term ‘‘quantum information science’’ has the
(ii) any recommendations for administra- (1) MEP OUTREACH.—Section 25 of the Na- meaning given such term in section 2 of the
tive and legislative action that could opti- tional Institute of Standards and Technology National Quantum Initiative Act (15 U.S.C.
mize the effectiveness of the grants awarded Act (15 U.S.C. 278k) is amended— 8801).
under this subsection. (A) in subsection (c)— (6) STEM.—The term ‘‘STEM’’ has the
(5) COORDINATION.—In carrying out this (i) in paragraph (6), by striking ‘‘commu- meaning given the term in section 2 of the
subsection, the Director shall, for purposes nity colleges and area career and technical America COMPETES Reauthorization Act of
of enhancing program effectiveness and education schools’’ and inserting the fol- 2010 (42 U.S.C. 6621 note).
avoiding duplication of activities, consult, lowing: ‘‘secondary schools (as defined in (b) QUANTUM NETWORKING WORKING GROUP
ctelli on DSK11ZRN23PROD with SENATE
cooperate, and coordinate with the programs section 8101 of the Elementary and Sec- REPORT ON QUANTUM NETWORKING AND COM-
and policies of other relevant Federal agen- ondary Education Act of 1965 (20 U.S.C. MUNICATIONS.—
cies. 7801)), community colleges, and area career (1) REPORT.—Not later than 3 years after
(d) NATIONAL ACADEMIES OF SCIENCES, EN- and technical education schools, including the date of the enactment of this division,
GINEERING, AND MEDICINE EVALUATION.— those in underserved and rural commu- the Quantum Networking Working Group
(1) STUDY.—Not later than 12 months after nities,’’; and within the Subcommittee on Quantum Infor-
the date of enactment of this division, the (ii) in paragraph (7)— mation Science of the National Science and
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S2602 CONGRESSIONAL RECORD — SENATE May 18, 2021
Technology Council shall submit to the ap- subparagraph (A) shall supplement and not account for the skills and workforce needs
propriate committees of Congress a report supplant amounts already appropriated to identified through the study.
detailing a plan for the advancement of the account described in such subparagraph. (3) COORDINATION.—In carrying out this
quantum networking and communications (d) QUANTUM WORKFORCE EVALUATION AND subsection, the Foundation, including the
technology in the United States, building on ACCELERATION.— STEM Education Advisory Panel and the Ad-
A Strategic Vision for America’s Quantum (1) IDENTIFICATION OF GAPS.—The Founda- vancing Informal STEM Learning program
Networks and A Coordinated Approach for tion shall enter into an agreement with the and through the Foundation’s role in the Na-
Quantum Networking Research. National Academies of Sciences, Engineer- tional Q–12 Education Partnership and the
(2) REQUIREMENTS.—The report under para- ing, and Medicine to conduct a study of ways programs such as the Q2Work Program, shall
graph (1) shall include— to support the next generation of quantum coordinate with the Office of Science and
(A) a framework for interagency collabora- leaders. Technology Policy, EPSCoR eligible univer-
tion on the advancement of quantum net- (2) SCOPE OF STUDY.—In carrying out the sities, and any Federal agencies or working
working and communications research; study described in paragraph (1), the Na- groups determined necessary by the Founda-
(B) a plan for interagency collaboration on tional Academies of Sciences, Engineering, tion.
the development and drafting of inter- and Medicine shall identify— (4) REVIEW.—In implementing this sub-
national standards for quantum communica- (A) education gaps, including foundational section, the Foundation shall support the
tions technology, including standards relat- courses in STEM and areas in need of stand- community expansion of the related report
ing to— ardization, in elementary school, middle entitled Key Concepts for Future QIS Learn-
(i) quantum cryptography and post-quan- school, high school, and higher education ers (May 2020).
tum classical cryptography; curricula, that need to be rectified in order (f) QUANTUM EDUCATION PILOT PROGRAM.—
(ii) network security; to prepare students to participate in the (1) IN GENERAL.—The Foundation, through
(iii) quantum network infrastructure; quantum workforce; the Foundation’s role in the National Q–12
(iv) transmission of quantum information (B) the skills and workforce needs of indus- Education Partnership and programs such as
through optical fiber networks; and try, specifically identifying the cross-dis- Q2Work Program, and in coordination with
(v) any other technologies considered ap- ciplinary academic degrees or academic the Directorate for Education and Human
propriate by the Working Group;
courses necessary— Resources, shall carry out a pilot program,
(C) a proposal for the protection of na-
(i) to qualify students for multiple career to be known as the Next Generation Quan-
tional security interests relating to the ad-
pathways in quantum information sciences tum Leaders Pilot Program, to provide fund-
vancement of quantum networking and com-
and related fields; ing for the education and training of the
munications technology;
(ii) to ensure the United States is competi- next generation of students in the funda-
(D) recommendations to Congress for legis-
tive in the field of quantum information mental principles of quantum mechanics.
lative action relating to the framework,
science while preserving national security; (2) REQUIREMENTS.—
plan, and proposal set forth pursuant to sub-
and (A) IN GENERAL.—In carrying out the pilot
paragraphs (A), (B), and (C), respectively;
(iii) to support the development of quan- program required by paragraph (1), the Foun-
and
(E) such other matters as the Working tum applications; and dation shall—
Group considers necessary to advance the se- (C) the resources and materials needed to (i) publish a call for applications through
curity of communications and network infra- train elementary, middle, and high school the National Q–12 Education Partnership
structure, remain at the forefront of sci- educators to effectively teach curricula rel- website (or similar website) for participation
entific discovery in the quantum informa- evant to the development of a quantum in the pilot program from elementary
tion science domain, and transition quantum workforce. schools, secondary schools, and State edu-
information science research into the emerg- (3) REPORTS.— cational agencies as determined appropriate
ing quantum technology economy. (A) EXECUTIVE SUMMARY.—Not later than 2 by the Foundation;
(c) QUANTUM NETWORKING AND COMMUNICA- years after the date of enactment of this di- (ii) coordinate with educational service
TIONS RESEARCH.— vision, the National Academies of Science, agencies, associations that support STEM
(1) RESEARCH.—The Under Secretary of Engineering, and Medicine shall prepare and educators or local educational agencies, and
Commerce for Standards and Technology submit to the Foundation, and programs or partnerships through the Q–12 Education
shall carry out research to facilitate the de- projects funded by the Foundation, an execu- Partnership, to encourage elementary
velopment and standardization of quantum tive summary of progress regarding the schools, secondary schools, and State edu-
networking and communications tech- study conducted under paragraph (1) that cational agencies to participate in the pro-
nologies and applications, including research outlines the findings of the Academies as of gram as determined appropriate by the
on the following: such date. Foundation;
(A) Quantum cryptography and post-quan- (B) REPORT.—Not later than 3 years after (iii) accept applications in advance of the
tum classical cryptography. the date of enactment of this division, the academic year in which the program shall
(B) Quantum repeater technology. National Academies of Science, Engineering, begin; and
(C) Quantum network traffic management. and Medicine shall prepare and submit a re- (iv) select elementary schools, secondary
(D) Quantum transduction. port containing the results of the study con- schools, and State educational agencies to
(E) Long baseline entanglement and ducted under paragraph (1) to Congress, the participate in the program, as determined
teleportation. Foundation, and programs or projects funded appropriate by the Foundation, in accord-
(F) Such other technologies, processes, or by the Foundation that are relevant to the ance with qualifications determined by the
applications as the Under Secretary con- acceleration of a quantum workforce. QIS Workforce Working Group, in coordina-
siders appropriate. (e) INCORPORATING QISE INTO STEM CUR- tion with the National Q–12 Education Part-
(2) IMPLEMENTATION.—The Under Secretary RICULUM.— nership.
shall carry out the research required by (1) IN GENERAL.—The Foundation shall, (B) PRIORITIZATION.—In selecting program
paragraph (1) through such divisions, labora- through programs carried out or supported participants under subparagraph (A)(iv), the
tories, offices and programs of the National by the Foundation, prioritize the better inte- Director of the Foundation shall give pri-
Institute of Standards and Technology as the gration of quantum information science and ority to elementary schools, secondary
Under Secretary considers appropriate and engineering (referred to in this subsection as schools, and local educational agencies lo-
actively engaged in activities relating to QISE) into the STEM curriculum for each cated in jurisdictions eligible to participate
quantum information science. grade level from kindergarten through grade in the Established Program to Stimulate
(3) DEVELOPMENT OF STANDARDS.—For 12, and community colleges. Competitive Research (commonly known as
quantum technologies deemed by the Under (2) REQUIREMENTS.—The curriculum inte- EPSCoR), including Tribal and rural elemen-
Secretary to be at a readiness level suffi- gration under paragraph (1) shall include— tary, middle, and high schools in such juris-
cient for standardization, the Under Sec- (A) methods to conceptualize QISE for ele- dictions.
retary shall provide technical review and as- mentary, middle, and high school curricula; (3) CONSULTATION.—The Foundation shall
sistance to such other Federal agencies as (B) methods for strengthening carry out this subsection in consultation
the Under Secretary considers appropriate foundational mathematics and science cur- with the QIS Workforce Working Group and
for the development of quantum network in- ricula; the Advancing Informal STEM Learning Pro-
frastructure standards. (C) age-appropriate materials that apply gram.
(4) AUTHORIZATION OF APPROPRIATIONS.— the principles of quantum information (4) REPORTING.—
(A) IN GENERAL.—There is authorized to be science in STEM fields; (A) REPORT AND SELECTED PARTICIPANTS.—
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appropriated to the Scientific and Technical (D) recommendations for the standardiza- Not later than 90 days following the closing
Research and Services account of the Na- tion of key concepts, definitions, and cur- of the application period under paragraph
tional Institute of Standards and Technology riculum criteria across government, aca- (2)(A)(iii), the Director of the Foundation
to carry out this subsection $10,000,000 for demia, and industry; and shall submit to Congress a report on the edu-
each of fiscal years 2022 through 2026. (E) materials that specifically address the cational institutions selected to participate
(B) SUPPLEMENT, NOT SUPPLANT.—The findings and outcomes of the study con- in the pilot program required under para-
amounts authorized to be appropriated under ducted under subsection (d) and strategies to graph (1), specifying the percentage from
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2603
nontraditional geographies, including Tribal (d) REPORTS FROM GRANTEES.—Not later (F) control systems design and
or rural school districts. than 180 days after the end of the pilot pro- connectivity, such as smart irrigation con-
(B) REPORT ON IMPLEMENTATION OF CUR- gram under this section, each early-career trol systems; and
RICULUM.—Not later than 2 years after the investigator who receives a grant under the (G) data management software and ad-
date of enactment of this division, the Direc- pilot program shall submit a report to the vanced analytics that can assist decision
tor of the Foundation shall submit to Con- Director that describes how the early-career making and improve agricultural outcomes;
gress a report on implementation of the cur- investigator used the grant funds. and
ricula and materials under the pilot pro- (e) REPORT TO CONGRESS.—Not later than (2) a review of Federal programs that pro-
gram, including the feasibility and advis- 180 days after the deadline for the submis- vide support for precision agriculture re-
ability of expanding such pilot program to sion of the reports described in subsection search, development, adoption, education, or
include additional educational institutions (d), the Director shall submit a report to the training, in existence on the date of enact-
beyond those originally selected to partici- Committee on Commerce, Science, and ment of this section.
pate in the pilot program. Transportation of the Senate and the Com- SEC. 2214. CRITICAL MINERALS MINING RE-
(5) AUTHORIZATION OF APPROPRIATIONS.— mittee on Science, Space, and Technology of SEARCH.
There is authorized to be appropriated such the House of Representatives that contains a (a) CRITICAL MINERALS MINING RESEARCH
funds as may be necessary to carry out this summary of the uses of grant funds under AND DEVELOPMENT AT THE FOUNDATION.—
subsection. this section and the impact of the pilot pro- (1) IN GENERAL.—In order to support supply
(6) TERMINATION.—This subsection shall gram under this section. chain resiliency, the Director shall issue
cease to have effect on the date that is 3 SEC. 2213. ADVANCING PRECISION AGRICULTURE awards, on a competitive basis, to institu-
years after the date of the enactment of this CAPABILITIES ACT. tions of higher education or nonprofit orga-
division. (a) SHORT TITLE.—This section may be nizations (or consortia of such institutions
(g) ENERGY SCIENCES NETWORK.— cited as the ‘‘Advancing IoT for Precision or organizations) to support basic research
(1) IN GENERAL.—The Secretary of Energy Agriculture Act of 2021’’. that will accelerate innovation to advance
(referred to in this subsection as the Sec- (b) PURPOSE.—It is the purpose of this sec- critical minerals mining strategies and tech-
retary), in coordination with the National tion to promote scientific research and de- nologies for the purpose of making better use
Science Foundation and the National Aero- velopment opportunities for connected tech- of domestic resources and eliminating na-
nautics and Space Administration, shall sup- nologies that advance precision agriculture tional reliance on minerals and mineral ma-
plement the Energy Sciences Network User capabilities. terials that are subject to supply disrup-
Facility (referred to in this subsection as the (c) FOUNDATION DIRECTIVE ON AGRICUL- tions.
Network) with dedicated quantum network TURAL SENSOR RESEARCH.—In awarding (2) USE OF FUNDS.—Activities funded by an
infrastructure to advance development of grants under the sensor systems and award under this section may include—
quantum networking and communications networked systems programs of the Founda- (A) advancing mining research and devel-
technology. tion, the Director shall include in consider- opment activities to develop new mapping
(2) PURPOSE.—The purpose of paragraph (1) ation of portfolio balance research and devel- and mining technologies and techniques, in-
is to utilize the Network to advance a broad opment on sensor connectivity in environ- cluding advanced critical mineral extraction
range of testing and research, including re- ments of intermittent connectivity and and production, to improve existing or to de-
lating to— intermittent computation— velop new supply chains of critical minerals,
(A) the establishment of stable, long-base- (1) to improve the reliable use of advance and to yield more efficient, economical, and
line quantum entanglement and sensing systems in rural and agricultural environmentally benign mining practices;
teleportation; areas; and (B) advancing critical mineral processing
(B) quantum repeater technologies for (2) that considers— research activities to improve separation,
long-baseline communication purposes; (A) direct gateway access for locally stored alloying, manufacturing, or recycling tech-
(C) quantum transduction; data; niques and technologies that can decrease
(D) the coexistence of quantum and clas- (B) attenuation of signal transmission; the energy intensity, waste, potential envi-
sical information; (C) loss of signal transmission; and ronmental impact, and costs of those activi-
(E) multiplexing, forward error correction, (D) at-scale performance for wireless ties;
wavelength routing algorithms, and other power. (C) conducting long-term earth observa-
quantum networking infrastructure; and (d) UPDATING CONSIDERATIONS FOR PRECI- tion of reclaimed mine sites, including the
(F) any other technologies or applications SION AGRICULTURE TECHNOLOGY WITHIN THE study of the evolution of microbial diversity
determined necessary by the Secretary. NSF ADVANCED TECHNICAL EDUCATION PRO- at such sites;
(3) AUTHORIZATION OF APPROPRIATIONS.— GRAM.—Section 3 of the Scientific and Ad- (D) examining the application of artificial
There are authorized to be appropriated to vanced-Technology Act of 1992 (42 U.S.C. intelligence for geological exploration of
the Secretary to carry out this subsection, 1862i), as amended by section 2205, is further critical minerals, including what size and di-
$10,000,000 for each of fiscal years 2022 amended— versity of data sets would be required;
through 2026. (1) in subsection (d)(2), by adding at the (E) examining the application of machine
SEC. 2212. SUPPORTING EARLY-CAREER RE- end the following: learning for detection and sorting of critical
SEARCHERS ACT. ‘‘(G) applications that incorporate distance minerals, including what size and diversity
(a) SHORT TITLE.—This section may be learning tools and approaches.’’; and of data sets would be required;
cited as the ‘‘Supporting Early-Career Re- (2) in subsection (e)(3)— (F) conducting detailed isotope studies of
searchers Act’’. (A) in subparagraph (C), by striking ‘‘and’’ critical minerals and the development of
(b) IN GENERAL.—The Director may estab- after the semicolon; more refined geologic models; or
lish a 2-year pilot program to award grants (B) in subparagraph (D), by striking the pe- (G) providing training and research oppor-
to highly qualified early-career investigators riod at the end and inserting ‘‘; and’’; and tunities to undergraduate and graduate stu-
to carry out an independent research pro- (C) by adding at the end the following: dents to prepare the next generation of min-
gram at the institution of higher education ‘‘(E) applications that incorporate distance ing engineers and researchers.
or participating Federal research facility learning tools and approaches.’’. (b) CRITICAL MINERALS INTERAGENCY SUB-
chosen by such investigator, to last for a pe- (e) GAO REVIEW.—Not later than 18 months COMMITTEE.—
riod not greater than 2 years. after the date of enactment of this section, (1) IN GENERAL.—In order to support supply
(c) PRIORITY FOR BROADENING PARTICIPA- the Comptroller General of the United States chain resiliency, the Critical Minerals Sub-
TION.—In awarding grants under this section, shall provide— committee of the National Science and Tech-
the Director shall give priority to— (1) a technology assessment of precision nology Council (referred to in this subsection
(1) early-career investigators who are from agriculture technologies, such as the exist- as the Subcommittee) shall coordinate Fed-
groups that are underrepresented in science, ing use of— eral science and technology efforts to ensure
technology, engineering, and mathematics (A) sensors, scanners, radio-frequency iden- secure and reliable supplies of critical min-
research; tification, and related technologies that can erals to the United States.
(2) early-career investigators who choose monitor soil properties, irrigation condi- (2) PURPOSES.—The purposes of the Sub-
to carry out independent research at a mi- tions, and plant physiology; committee shall be—
nority-serving institution (or an institution (B) sensors, scanners, radio-frequency iden- (A) to advise and assist the Committee on
of higher education with an established tification, and related technologies that can Homeland and National Security and the Na-
STEM capacity building program focused on monitor livestock activity and health; tional Science and Technology Council on
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traditionally underrepresented populations (C) network connectivity and wireless United States policies, procedures, and plans
in STEM, including Native Hawaiians, Alas- communications that can securely support as it relates to critical minerals, including—
ka Natives, and Indians); and digital agriculture technologies in rural and (i) Federal research, development, and de-
(3) early-career investigators in a jurisdic- remote areas; ployment efforts to optimize methods for ex-
tion eligible to participate under section 113 (D) aerial imagery generated by satellites tractions, concentration, separation, and pu-
of the National Science Foundation Author- or unmanned aerial vehicles; rification of conventional, secondary, and
ization Act of 1988 (42 U.S.C. 1862g). (E) ground-based robotics; unconventional sources of critical minerals;
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S2604 CONGRESSIONAL RECORD — SENATE May 18, 2021
(ii) efficient use and reuse of critical min- (1) ESTABLISHMENT.—The Secretary of (d) DATA ON USAGE.—Federal science agen-
erals; Commerce, in consultation with the Director cies shall consider—
(iii) the critical minerals workforce of the and the Secretary of the Interior, shall es- (1) collecting data on the usage of the poli-
United States; and tablish a grant program to finance pilot cies under subsection (c), at both institu-
(iv) United States private industry invest- projects for the development of critical min- tions of higher education and Federal labora-
ments in innovation and technology transfer erals and metals in the United States. tories; and
from federally funded science and tech- (2) LIMITATION ON GRANT AWARDS.—A grant (2) reporting such data on an annual basis
nology; awarded under paragraph (1) may not exceed to the Director of the Office of Science and
(B) to identify emerging opportunities, $10,000,000. Technology Policy in such form as required
stimulate international cooperation, and fos- (3) ECONOMIC VIABILITY.—In awarding by the Director of the Office of Science and
ter the development of secure and reliable grants under paragraph (1), the Secretary of Technology Policy.
supply chains of critical minerals; Commerce shall give priority to projects (e) SAVINGS.—
(C) to ensure the transparency of informa- that the Secretary of Commerce determines (1) PRIVACY.—This section shall be carried
tion and data related to critical minerals; are likely to be economically viable over the out in accordance with all relevant privacy
and long term. laws.
(D) to provide recommendations on coordi- (4) SECONDARY RECOVERY.—In awarding (2) INSTITUTIONS.—This section shall not af-
nation and collaboration among the re- grants under paragraph (1), the Secretary of fect the grantee institution’s institutional
search, development, and deployment pro- Commerce shall seek to award not less than policies.
grams and activities of Federal agencies to 30 percent of the total amount of grants (f) DEFINITION OF FEDERAL SCIENCE AGEN-
promote a secure and reliable supply of crit- awarded during the fiscal year for projects CY.—In this section, the term ‘‘Federal
ical minerals necessary to maintain national relating to secondary recovery of critical science agency’’ means any Federal agency
security, economic well-being, and industrial minerals and metals. with an annual extramural research expendi-
production. (5) AUTHORIZATION OF APPROPRIATIONS.— ture of over $100,000,000.
(3) RESPONSIBILITIES.—In carrying out There is authorized to be appropriated to the
paragraphs (1) and (2), the Subcommittee Secretary of Commerce $100,000,000 for each SEC. 2216. PRESIDENTIAL AWARDS.
may, taking into account the findings and of fiscal years 2021 through 2024 to carry out (a) IN GENERAL.—The President is author-
recommendations of relevant advisory com- the grant program established under para- ized to make Presidential Awards for Excel-
mittees— graph (1). lence in Technology and Science Research to
(A) provide recommendations on how Fed- (d) DEFINITIONS.—In this section: researchers in underrepresented populations,
eral agencies may improve the topographic, (1) CRITICAL MINERAL; CRITICAL MINERAL OR including women and underrepresented mi-
geologic, and geophysical mapping of the METAL.—The terms ‘‘critical mineral’’ and norities, who have demonstrated outstanding
United States and improve the ‘‘critical mineral or metal’’ include any host achievements in technology or science re-
discoverability, accessibility, and usability mineral of a critical mineral (within the search.
of the resulting and existing data, to the ex- meaning of those terms in section 7002 of (b) NUMBER AND DISTRIBUTION OF AWARD
tent permitted by law and subject to appro- title VII of division Z of the Consolidated RECIPIENTS.—If the President elects to make
priate limitation for purposes of privacy and Appropriations Act, 2021 (Public Law 116– Presidential Awards for Excellence in Tech-
security; 260)). nology and Science Research under sub-
(B) assess the progress toward developing (2) SECONDARY RECOVERY.—The term ‘‘sec- section (a), the President shall make no
critical minerals recycling and reprocessing ondary recovery’’ means the recovery of crit- fewer than 104 Awards. In selecting research-
technologies, and technological alternatives ical minerals and metals from discarded end- ers for the Awards, the President shall select
to critical minerals; use products or from waste products pro- at least 2 researchers—
(C) examine options for accessing and de- duced during the metal refining and manu- (1) from each of the States;
veloping critical minerals through invest- facturing process, including from mine waste (2) from the District of Columbia; and
ment and trade with allies and partners of piles, acid mine drainage sludge, or byprod- (3) from the Commonwealth of Puerto
the United States and provide recommenda- ucts produced through legacy mining and Rico.
tions; metallurgy activities.
(c) SELECTION PROCEDURES.—The President
(D) evaluate and provide recommendations SEC. 2215. CAREGIVER POLICIES.
shall carry out this section, including the es-
to incentivize the development and use of ad- (a) OSTP GUIDANCE.—Not later than 6 tablishment of the selection procedures,
vances in science and technology in the pri- months after the date of enactment of this after consultation with the Director of the
vate industry; division, the Director of the Office of Science Office of Science and Technology Policy and
(E) assess the need for and make rec- and Technology Policy, in consultation with other appropriate officials of Federal agen-
ommendations to address the challenges the relevant agencies, shall provide guidance to cies.
United States critical minerals supply chain each Federal science agency to establish
workforce faces, including— SEC. 2217. BIOECONOMY RESEARCH AND DEVEL-
policies that—
(i) aging and retiring personnel and fac- OPMENT ACT OF 2021.
(1) apply to all—
ulty; (A) research awards granted by such agen- (a) SHORT TITLE.—This section may be
(ii) public perceptions about the nature of cy; and cited as the ‘‘Bioeconomy Research and De-
mining and mineral processing; and (B) principal investigators of such research velopment Act of 2021’’.
(iii) foreign competition for United States who have caregiving responsibilities, includ- (b) FINDINGS.—The Congress makes the fol-
talent; ing care for a newborn or newly adopted lowing findings:
(F) develop, and update as necessary, a child and care for an immediate family mem- (1) Cellular and molecular processes may
strategic plan to guide Federal programs and ber with a serious health condition; and be used, mimicked, or redesigned to develop
activities to enhance— (2) offer, to the extent feasible— new products, processes, and systems that
(i) scientific and technical capabilities (A) flexibility in timing for the initiation improve societal well-being, strengthen na-
across critical mineral supply chains, includ- of approved research awards granted by such tional security, and contribute to the econ-
ing a roadmap that identifies key research agency; omy.
and development needs and coordinates on- (B) no-cost extensions of such research (2) Engineering biology relies on a work-
going activities for source diversification, awards; and force with a diverse and unique set of skills
more efficient use, recycling, and substi- (C) grant supplements, as appropriate, to combining the biological, physical, chemical,
tution for critical minerals; and research awards to sustain research activi- and information sciences and engineering.
(ii) cross-cutting mining science, data ties conducted under such awards. (3) Long-term research and development is
science techniques, materials science, manu- (b) UNIFORMITY OF GUIDANCE.—In providing necessary to create breakthroughs in engi-
facturing science and engineering, computa- guidance under subsection (a), the Director neering biology. Such research and develop-
tional modeling, and environmental health of the Office of Science and Technology Pol- ment requires government investment, as
and safety research and development; and icy shall encourage, to the extent prac- many of the benefits are too distant or un-
(G) report to the appropriate committees ticable, uniformity and consistency in the certain for industry to support alone.
of Congress on activities and findings under policies established pursuant to such guid- (4) Research is necessary to inform evi-
this subsection. ance across all Federal science agencies. dence-based governance of engineering biol-
(4) MANDATORY RESPONSIBILITIES.—In car- (c) ESTABLISHMENT OF POLICIES.—To the ogy and to support the growth of the engi-
rying out paragraphs (1) and (2), the Sub- extent practicable and consistent with guid- neering biology industry.
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committee shall, taking into account the ance issued under subsection (a), Federal (5) The Federal Government has an obliga-
findings and recommendations of the rel- science agencies shall— tion to ensure that ethical, legal, environ-
evant advisory committees, identify and (1) maintain or develop and implement mental, safety, security, and societal impli-
evaluate Federal policies and regulations policies for individuals described in para- cations of its science and technology re-
that restrict the mining of critical minerals. graph (1)(B) of such subsection; and search and investment follows policies of re-
(c) GRANT PROGRAM FOR DEVELOPMENT OF (2) broadly disseminate such policies to sponsible innovation and fosters public
CRITICAL MINERALS AND METALS.— current and potential awardees. transparency.
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2605
(6) The Federal Government can play an (H) accelerating the translation and com- (ii) facilitating public-private partnerships
important role by facilitating the develop- mercialization of engineering biology re- in engineering biology research and develop-
ment of tools and technologies to further ad- search and development by the private sec- ment;
vance engineering biology, including user fa- tor; and (iii) connecting researchers, graduate stu-
cilities, by facilitating public-private part- (I) improving the interagency planning and dents, and postdoctoral fellows with entre-
nerships, by supporting risk research, and by coordination of Federal Government activi- preneurship education and training opportu-
facilitating the commercial application in ties related to engineering biology. nities; and
the United States of research funded by the (2) INITIATIVE ACTIVITIES.—The activities of (iv) supporting proof of concept activities
Federal Government. the Initiative shall include— and the formation of startup companies in-
(7) The United States led the development (A) sustained support for engineering biol- cluding through programs such as the Small
of the science and engineering techniques ogy research and development through— Business Innovation Research Program and
that created the field of engineering biology, (i) grants to fund the work of individual in- the Small Business Technology Transfer
but due to increasing international competi- vestigators and teams of investigators, in- Program.
tion, the United States is at risk of losing its cluding interdisciplinary teams; (3) EXPANDING PARTICIPATION.—The Initia-
competitive advantage if it does not strate- (ii) projects funded under joint solicita- tive shall include, to the maximum extent
gically invest the necessary resources. tions by a collaboration of no fewer than two practicable, outreach to primarily under-
(8) A National Engineering Biology Initia- agencies participating in the Initiative; and graduate and minority-serving institutions
tive can serve to establish new research di- (iii) interdisciplinary research centers that (and institutions of higher education with an
rections and technology goals, improve established STEM capacity building program
are organized to investigate basic research
interagency coordination and planning proc- focused on traditionally underrepresented
questions, carry out technology development
esses, drive technology transfer to the pri- populations in STEM, including Native Ha-
and demonstration activities, and increase
vate sector, and help ensure optimal returns waiians, Alaska Natives, and Indians) about
understanding of how to scale up engineering
on the Federal investment. Initiative opportunities, and shall encourage
biology processes, including biomanufac-
(c) DEFINITIONS.—In this section: the development of research collaborations
turing;
(1) BIOMANUFACTURING.—The term ‘‘bio- between research-intensive universities and
(B) sustained support for databases and re-
manufacturing’’ means the utilization of bio- primarily undergraduate and minority-serv-
lated tools, including— ing institutions (and institutions of higher
logical systems to develop new and advance (i) support for curated genomics, education with an established STEM capac-
existing products, tools, and processes at epigenomics, and other relevant omics data- ity building program focused on tradition-
commercial scale. bases, including plant and microbial data- ally underrepresented populations in STEM,
(2) ENGINEERING BIOLOGY.—The term ‘‘engi- bases, that are available to researchers to including Native Hawaiians, Alaska Natives,
neering biology’’ means the application of carry out engineering biology research in a and Indians).
engineering design principles and practices manner that does not compromise national (4) ETHICAL, LEGAL, ENVIRONMENTAL, SAFE-
to biological systems, including molecular security or the privacy or security of infor- TY, SECURITY, AND SOCIETAL ISSUES.—Initia-
and cellular systems, to advance funda- mation within such databases; tive activities shall take into account eth-
mental understanding of complex natural (ii) development of standards for such ical, legal, environmental, safety, security,
systems and to enable novel or optimize databases, including for curation, interoper- and other appropriate societal issues by—
functions and capabilities. ability, and protection of privacy and secu- (A) supporting research, including in the
(3) INITIATIVE.—The term ‘‘Initiative’’ rity; social sciences, and other activities address-
means the National Engineering Biology Re- (iii) support for the development of com- ing ethical, legal, environmental, and other
search and Development Initiative estab- putational tools, including artificial intel- appropriate societal issues related to engi-
lished under subsection (d). ligence tools, that can accelerate research neering biology, including integrating re-
(4) OMICS.—The term ‘‘omics’’ refers to the and innovation using such databases; and search on such topics with the research and
collective technologies used to explore the (iv) an inventory and assessment of all development in engineering biology, and en-
roles, relationships, and actions of the var- Federal government omics databases to iden- couraging the dissemination of the results of
ious types of molecules that make up the tify opportunities to improve the utility of such research, including through inter-
cells of an organism. such databases, as appropriate and in a man- disciplinary engineering biology research
(d) NATIONAL ENGINEERING BIOLOGY RE- ner that does not compromise national secu- centers described in paragraph (2)(A)(iii);
SEARCH AND DEVELOPMENT INITIATIVE.— rity or the privacy and security of informa- (B) supporting research and other activi-
(1) IN GENERAL.—The President, acting tion within such databases, and inform in- ties related to the safety and security impli-
through the Office of Science and Tech- vestment in such databases as critical infra- cations of engineering biology, including
nology Policy, shall implement a National structure for the engineering biology re- outreach to increase awareness among Fed-
Engineering Biology Research and Develop- search enterprise; eral researchers and Federally-funded re-
ment Initiative to advance societal well- (C) sustained support for the development, searchers at institutions of higher education
being, national security, sustainability, and optimization, and validation of novel tools about potential safety and security implica-
economic productivity and competitiveness and technologies to enable the dynamic tions of engineering biology research, as ap-
through— study of molecular processes in situ, includ- propriate;
(A) advancing areas of research at the ing through— (C) ensuring that input from Federal and
intersection of the biological, physical, (i) research conducted at Federal labora- non-Federal experts on the ethical, legal, en-
chemical, data, and computational sciences tories; vironmental, safety, security, and other ap-
and engineering to accelerate scientific un- (ii) grants to fund the work of investiga- propriate societal issues related to engineer-
derstanding and technological innovation in tors at institutions of higher education and ing biology is integrated into the Initiative;
engineering biology; other nonprofit research institutions; (D) ensuring, through the agencies and de-
(B) advancing areas of biomanufacturing (iii) incentivized development of retooled partments that participate in the Initiative,
research to optimize, standardize, scale, and industrial sites across the country that fos- that public input and outreach are inte-
deliver new products and solutions; ter a pivot to modernized engineering biol- grated into the Initiative by the convening
(C) supporting social and behavioral ogy initiatives; and of regular and ongoing public discussions
sciences and economics research that ad- (iv) awards under the Small Business Inno- through mechanisms such as workshops,
vances the field of engineering biology and vation Research Program and the Small consensus conferences, and educational
contributes to the development and public Business Technology Transfer Program, as events, as appropriate; and
understanding of new products, processes, described in section 9 of the Small Business (E) complying with all applicable provi-
and technologies; Act (15 U.S.C. 638); sions of Federal law.
(D) improving the understanding of engi- (D) support for education and training of (e) INITIATIVE COORDINATION.—
neering biology of the scientific and lay pub- undergraduate and graduate students in en- (1) INTERAGENCY COMMITTEE.—The Presi-
lic and supporting greater evidence-based gineering biology, biomanufacturing, bio- dent, acting through the Office of Science
public discourse about its benefits and risks; process engineering, and computational and Technology Policy, shall designate an
(E) supporting research relating to the science applied to engineering biology and in interagency committee to coordinate activi-
risks and benefits of engineering biology, in- the related ethical, legal, environmental, ties of the Initiative as appropriate, which
cluding under paragraph (4); safety, security, and other societal domains; shall be co-chaired by the Office of Science
(F) supporting the development of novel (E) activities to develop robust mecha- and Technology Policy, and include rep-
tools and technologies to accelerate sci- nisms for documenting and quantifying the resentatives from the Foundation, the De-
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entific understanding and technological in- outputs and economic benefits of engineer- partment of Energy, the Department of De-
novation in engineering biology; ing biology; and fense, the National Aeronautics and Space
(G) expanding the number of researchers, (F) activities to accelerate the translation Administration, the National Oceanic and
educators, and students and a retooled work- and commercialization of new products, Atmospheric Administration, the National
force with engineering biology training, in- processes, and technologies by— Institute of Standards and Technology, the
cluding from traditionally underrepresented (i) identifying precompetitive research op- Environmental Protection Agency, the De-
and underserved populations; portunities; partment of Agriculture, the Department of
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S2606 CONGRESSIONAL RECORD — SENATE May 18, 2021
Health and Human Services, the Bureau of academic, State, industry, and other appro- policies, processes, or practices of individual
Economic Analysis, and any other agency priate groups. Federal agencies in effect on the day before
that the President considers appropriate (in (2) TRIENNIAL REPORT.—Beginning with fis- the date of the enactment of this division re-
this section referred to as the Interagency cal year 2022 and ending in fiscal year 2028, lating to the conduct of biomedical research
Committee). The Director of the Office of not later than 90 days after submission of the and advanced development, including the so-
Science and Technology Policy shall select President’s annual budget request and every licitation and review of extramural research
an additional co-chairperson from among the third fiscal year thereafter, the Interagency proposals.
members of the Interagency Committee. The Committee shall prepare and submit to the (f) ADVISORY COMMITTEE.—
Interagency Committee shall oversee the Committee on Science, Space, and Tech- (1) IN GENERAL.—The agency co-chair of the
planning, management, and coordination of nology of the House of Representatives and interagency committee established in sub-
the Initiative. The Interagency Committee the Committee on Commerce, Science, and section (e) shall, in consultation with the Of-
shall— Transportation of the Senate a report that fice of Science and Technology Policy, des-
(A) provide for interagency coordination of includes— ignate or establish an advisory committee on
Federal engineering biology research, devel- (A) a summarized agency budget in support engineering biology research and develop-
opment, and other activities undertaken pur- of the Initiative for the fiscal year to which ment (in this subsection referred to as the
suant to the Initiative; such budget request applies, for the fol- advisory committee) to be composed of not
(B) establish and periodically update goals lowing 2 fiscal years, for the then current fis- fewer than 12 members, including representa-
and priorities for the Initiative; cal year, including a breakout of spending tives of research and academic institutions,
(C) develop, not later than 12 months after for each agency participating in the Pro- industry, and nongovernmental entities, who
the date of the enactment of this division, gram, and for the development and acquisi- are qualified to provide advice on the Initia-
and update every 3 years thereafter, a stra- tion of any research facilities and instru- tive.
tegic plan submitted to the Committee on mentation; and (2) ASSESSMENT.—The advisory committee
Science, Space, and Technology and the (B) an assessment of how Federal agencies shall assess—
Committee on Energy and Commerce of the are implementing the plan described in para- (A) the current state of United States com-
House of Representatives and the Committee graph (1)(C), including— petitiveness in engineering biology, includ-
on Commerce, Science, and Transportation (i) a description of the amount and number ing the scope and scale of United States in-
and the Committee on Health, Education, of awards made under the Small Business In- vestments in engineering biology research
Labor, and Pensions of the Senate that— novation Research Program and the Small and development in the international con-
(i) guides the activities of the Initiative for Business Technology Transfer Program (as text;
purposes of meeting the goals and priorities described in section 9 of the Small Business (B) current market barriers to commer-
established under (and updated pursuant to) Act (15 U.S.C. 638)) in support of the Initia- cialization of engineering biology products,
subparagraph (B); and tive; processes, and tools in the United States;
(ii) describes— (ii) a description of the amount and num- (C) progress made in implementing the Ini-
(I) the Initiative’s support for long-term ber of projects funded under joint solicita- tiative;
funding for interdisciplinary engineering bi- tions by a collaboration of no fewer than 2 (D) the need to revise the Initiative;
ology research and development; agencies participating in the Initiative; and (E) the balance of activities and funding
(II) the Initiative’s support for education (iii) a description of the effect of the newly across the Initiative;
and public outreach activities; funded projects by the Initiative. (F) whether the strategic plan developed or
(III) the Initiative’s support for research (3) INITIATIVE OFFICE.— updated by the interagency committee es-
and other activities on ethical, legal, envi- (A) IN GENERAL.—The President shall es- tablished under subsection (e) is helping to
ronmental, safety, security, and other appro- tablish an Initiative Coordination Office, maintain United States leadership in engi-
priate societal issues related to engineering with a Director and full-time staff, which neering biology;
biology including— shall— (G) the management, coordination, imple-
(aa) an applied biorisk management re- (i) provide technical and administrative mentation, and activities of the Initiative;
search plan; support to the interagency committee and and
(bb) recommendations for integrating secu- the advisory committee established under (H) whether ethical, legal, environmental,
rity into biological data access and inter- subsection (f); safety, security, and other appropriate soci-
national reciprocity agreements; (ii) serve as the point of contact on Federal etal issues are adequately addressed by the
(cc) recommendations for manufacturing engineering biology activities for govern- Initiative.
restructuring to support engineering biology ment organizations, academia, industry, pro- (3) REPORTS.—Beginning not later than 2
research, development, and scaling-up initia- fessional societies, State governments, inter- years after the date of enactment of this di-
tives; and ested citizen groups, and others to exchange vision, and not less frequently than once
(dd) an evaluation of existing biosecurity technical and programmatic information; every 3 years thereafter, the advisory com-
governance policies, guidance, and directives (iii) oversee interagency coordination of mittee shall submit to the President, the
for the purposes of creating an adaptable, the Initiative, including by encouraging and Committee on Science, Space, and Tech-
evidence-based framework to respond to supporting joint agency solicitation and se- nology of the House of Representatives, and
emerging biosecurity challenges created by lection of applications for funding of activi- the Committee on Commerce, Science, and
advances in engineering biology; ties under the Initiative, as appropriate; Transportation of the Senate, a report on—
(IV) how the Initiative will contribute to (iv) conduct public outreach, including dis- (A) the findings of the advisory commit-
moving results out of the laboratory and semination of findings and recommendations tee’s assessment under paragraph (2); and
into application for the benefit of society of the advisory committee established under (B) the advisory committee’s recommenda-
and United States competitiveness; and subsection (f), as appropriate; tions for ways to improve the Initiative.
(V) how the Initiative will measure and (v) serve as the coordinator of ethical, (4) APPLICATION OF FEDERAL ADVISORY COM-
track the contributions of engineering biol- legal, environmental, safety, security, and MITTEE ACT.—Section 14 of the Federal Advi-
ogy to United States economic growth and other appropriate societal input; and sory Committee Act (5 U.S.C. App.) shall not
other societal indicators; (vi) promote access to, and early applica- apply to the advisory committee.
(D) develop a national genomic sequencing tion of, the technologies, innovations, and (5) TERMINATION.—The advisory committee
strategy to ensure engineering biology re- expertise derived from Initiative activities established under paragraph (1) shall termi-
search fully leverages plant, animal, and mi- to agency missions and systems across the nate on the date that is 10 years after the
crobe biodiversity, as appropriate and in a Federal Government, and to United States date of the enactment of this Act.
manner that does not compromise national industry, including startup companies. (g) EXTERNAL REVIEW OF ETHICAL, LEGAL,
security or the privacy or security of human (B) FUNDING.—The Director of the Office of ENVIRONMENTAL, SAFETY, SECURITY, AND SO-
genetic information, to enhance long-term Science and Technology Policy, in coordina- CIETAL ISSUES.—
innovation and competitiveness in engineer- tion with each participating Federal depart- (1) IN GENERAL.—Not later than 6 months
ing biology in the United States; ment and agency, as appropriate, shall de- after the date of enactment of this division,
(E) develop a plan to utilize Federal pro- velop and annually update an estimate of the the Director shall seek to enter into an
grams, such as the Small Business Innova- funds necessary to carry out the activities of agreement with the National Academies of
tion Research Program and the Small Busi- the Initiative Coordination Office and sub- Sciences, Engineering, and Medicine to con-
ness Technology Transfer Program as de- mit such estimate with an agreed summary duct a review, and make recommendations
scribed in section 9 of the Small Business of contributions from each agency to Con- with respect to, the ethical, legal, environ-
Act (15 U.S.C. 638), in support of the activi- gress as part of the President’s annual budg- mental, safety, security, and other appro-
ctelli on DSK11ZRN23PROD with SENATE
ties described in subsection (d)(2)(C); and et request to Congress. priate societal issues related to engineering
(F) in carrying out this subsection, take (C) TERMINATION.—The Initiative Coordina- biology research and development. The re-
into consideration the recommendations of tion Office established under this paragraph view shall include—
the advisory committee established under shall terminate on the date that is 10 years (A) an assessment of the current research
subsection (f), the results of the workshop after the date of the enactment of this Act. on such issues;
convened under subsection (d)(4)(D), existing (4) RULE OF CONSTRUCTION.—Nothing in this (B) a description of the research gaps relat-
reports on related topics, and the views of subsection shall be construed to alter the ing to such issues;
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2607
(C) recommendations on how the Initiative (A) conduct and support research, develop- SEC. 2218. MICROGRAVITY UTILIZATION POLICY.
can address the research needs identified ment, demonstration, and commercial appli- (a) SENSE OF CONGRESS.—It is the sense of
pursuant to subparagraph (B); and cation activities in engineering biology, in- Congress that space technology and the uti-
(D) recommendations on how researchers cluding in the areas of synthetic biology, ad- lization of the microgravity environment for
engaged in engineering biology can best in- vanced biofuel development, biobased mate- science, engineering, and technology devel-
corporate considerations of ethical, legal, rials, and environmental remediation; opment is critical to long-term competitive-
environmental, safety, security, and other (B) support the development, optimization ness with near-peer competitors, including
societal issues into the development of re- and validation of novel, scalable tools and China.
search proposals and the conduct of research. technologies to enable the dynamic study of (b) POLICY.—To the greatest extent appro-
(2) REPORT TO CONGRESS.—The agreement molecular processes in situ; and priate, the Foundation shall facilitate access
entered into under paragraph (1) shall re- (C) provide access to user facilities with to the microgravity environment for award-
quire the National Academies of Sciences, advanced or unique equipment, services, ma- ees of funding from the Foundation, includ-
Engineering, and Medicine to, not later than terials, and other resources, including secure ing in private sector platforms, for the devel-
2 years after the date of the enactment of access to high-performance computing, as opment of science, engineering, and tech-
this division— appropriate, to industry, institutions of nology.
(A) submit to the Committee on Science, higher education, nonprofit organizations, (c) REPORT.—Not later than 180 days after
Space, and Technology of the House of Rep- and government agencies to perform re- the date of enactment of this division, the
resentatives and the Committee on Com- search and testing. Director shall provide to the appropriate
merce, Science, and Transportation of the (4) DEPARTMENT OF DEFENSE.—As part of committees of Congress a report on the
Senate a report containing the findings and the Initiative, the Secretary of Defense Foundation’s plan for facilitating awardee
recommendations of the review conducted shall— access to the microgravity environment.
under paragraph (1); and (A) conduct and support research and de- TITLE III—RESEARCH SECURITY
(B) make a copy of such report available on velopment in engineering biology and associ- SEC. 2301. NATIONAL SCIENCE FOUNDATION RE-
a publicly accessible website. ated data and information sciences; SEARCH SECURITY.
(h) AGENCY ACTIVITIES.— (B) support curriculum development and
(1) NATIONAL SCIENCE FOUNDATION.—As part (a) RESEARCH SECURITY AND POLICY OF-
research experiences in engineering biology FICE.—The Director shall establish and main-
of the Initiative, the Foundation shall— and associated data and information sciences
(A) support basic research in engineering tain a research security and policy office
across the military education system, to in- within the Office of the Director. The func-
biology through individual grants, collabo-
clude service academies, professional mili- tions of the research security and policy of-
rative grants, and through interdisciplinary
tary education, and military graduate edu- fice shall be to coordinate all research secu-
research centers;
cation; and rity policy issues across the Foundation, in-
(B) support research on the environmental,
(C) assess risks of potential national secu- cluding by—
legal, ethical, and social implications of en-
rity and economic security threats relating (1) serving as a resource at the Foundation
gineering biology;
to engineering biology. for all policy issues related to the security
(C) provide support for research instrumen-
(5) NATIONAL AERONAUTICS AND SPACE AD- and integrity of the conduct of research sup-
tation for engineering biology disciplines, in-
MINISTRATION.—As part of the Initiative, the ported by the Foundation;
cluding support for research, development,
National Aeronautics and Space Administra- (2) conducting outreach and education ac-
optimization and validation of novel tech-
tion shall— tivities for awardees on research policies and
nologies to enable the dynamic study of mo-
lecular processes in situ; (A) conduct and support basic and applied potential security risks;
(D) support curriculum development and research in engineering biology, including in (3) educating Foundation program man-
research experiences for secondary, under- synthetic biology, and related to Earth and agers and other staff on evaluating Founda-
graduate, and graduate students in engineer- space sciences, aeronautics, space tech- tion awards and awardees for potential secu-
ing biology and biomanufacturing; and nology, and space exploration and experi- rity risks;
(E) award grants, on a competitive basis, mentation, consistent with the priorities es- (4) communicating reporting and disclo-
to enable institutions to support graduate tablished in the National Academies’ decadal sure requirements to awardees and appli-
students and postdoctoral fellows who per- surveys; and cants for funding;
form some of their engineering biology re- (B) award grants, on a competitive basis, (5) consulting and coordinating with the
search in an industry setting. that enable institutions to support graduate Foundation Office of Inspector General and
(2) DEPARTMENT OF COMMERCE.— students and postdoctoral fellows who per- with other Federal science agencies, as ap-
(A) NATIONAL INSTITUTE OF STANDARDS AND form some of their engineering biology re- propriate, and through the National Science
TECHNOLOGY.—As part of the Initiative, the search in an industry setting. and Technology Council in accordance with
Director of the National Institute of Stand- (6) DEPARTMENT OF AGRICULTURE.—As part the authority provided under section 1746 of
ards and Technology shall— of the Initiative, the Secretary of Agri- the National Defense Authorization Act for
(i) establish a bioscience research program culture shall— Fiscal Year 2020 (Public Law 116–92; 42 U.S.C.
to advance the development of standard ref- (A) support research and development in 6601 note), to identify and address potential
erence materials and measurements and to engineering biology, including in synthetic security risks that threaten research integ-
create new data tools, techniques, and proc- biology and biomaterials; rity and other risks to the research enter-
esses necessary to advance engineering biol- (B) award grants through the National In- prise and to develop research security policy
ogy and biomanufacturing; stitute of Food and Agriculture; and and best practices;
(ii) provide access to user facilities with (C) support development conducted by the (6) performing risk assessments, in con-
advanced or unique equipment, services, ma- Agricultural Research Service. sultation, as appropriate, with other Federal
terials, and other resources to industry, in- (7) ENVIRONMENTAL PROTECTION AGENCY.— agencies, of Foundation proposals and
stitutions of higher education, nonprofit or- As part of the Initiative, the Environmental awards using analytical tools to assess non-
ganizations, and government agencies to per- Protection Agency shall support research on disclosures of required information that
form research and testing; and how products, processes, and systems of en- could indicate breaches of research integrity
(iii) provide technical expertise to inform gineering biology will affect or can protect or potentially fraudulent activity that would
the potential development of guidelines or the environment. be referred to the Foundation Office of In-
safeguards for new products, processes, and (8) DEPARTMENT OF HEALTH AND HUMAN spector General;
systems of engineering biology. SERVICES.—As part of the Initiative, the Sec- (7) establishing policies and procedures for
(B) NATIONAL OCEANIC AND ATMOSPHERIC AD- retary of Health and Human Services, as ap- safeguarding sensitive research information
MINISTRATION.—As part of the initiative, the propriate and consistent with activities of and technology, working in consultation, as
Administrator of the National Oceanic and the Department of Health and Human Serv- appropriate, with other Federal agencies, to
Atmospheric Administration shall— ices in effect on the day before the date of ensure compliance with National Security
(i) establish a program to conduct and sup- the enactment of this division, shall— Presidential Memorandum–33 (relating to
port omics research and associated (A) support research and development to strengthening protections of United States
bioinformatic sciences to increase efficiency advance the understanding and application Government-supported research and develop-
and promote a sustainable bioeconomy (blue of engineering biology for human health; ment against foreign government inter-
economy) to develop the next generation of (B) support relevant interdisciplinary re- ference and exploitation) or a successor pol-
tools and products to improve ecosystem search and coordination; and icy document; and
stewardship, monitoring, management, as- (C) support activities necessary to facili- (8) in accordance with relevant policies of
ctelli on DSK11ZRN23PROD with SENATE
sessments, and forecasts; and tate oversight of relevant emerging biotech- the agency, conducting due diligence with
(ii) collaborate with other agencies to un- nologies. regard to applicants for grant funding from
derstand potential environmental threats (i) RULE OF CONSTRUCTION.—Nothing in this the Foundation prior to awarding such fund-
and safeguards relating to engineering biol- section shall be construed to require public ing.
ogy. disclosure of information that is exempt (b) CHIEF OF RESEARCH SECURITY.—The Di-
(3) DEPARTMENT OF ENERGY.—As part of the from mandatory disclosure under section 552 rector shall appoint a senior agency official
Initiative, the Secretary of Energy shall— of title 5, United States Code. within the Office of the Director as a Chief of
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S2608 CONGRESSIONAL RECORD — SENATE May 18, 2021
Research Security, whose primary responsi- (2) develop a set of standard risk assess- gator, any individual listed on the applica-
bility is to manage the office established in ment frameworks and best practices, rel- tion for the award with direct involvement
subsection (a). evant to the research community, to assess in the proposal, or co-principal investigator
(c) REPORT TO CONGRESS.—Not later than research security risks in different contexts; is participating in a foreign government tal-
180 days after the date of enactment of this (3) share information concerning security ent recruitment program of the People’s Re-
division, the Director shall provide a report threats and lessons learned from protection public of China, the Democratic People’s Re-
on the resources and the number of full-time and response efforts through forums and public of Korea, the Russian Federation, or
employees needed to carry out the functions other forms of communication; the Islamic Republic of Iran; and
of the office established in subsection (a) to (4) provide timely reports on research secu- (3) to the extent practicable, require insti-
the Committee on Commerce, Science, and rity risks to provide situational awareness tutions receiving funding to prohibit awards
Transportation of the Senate, the Com- tailored to the research and education com- from being used by any individuals partici-
mittee on Appropriations of the Senate, the munity; pating in a foreign government talent re-
Committee on Science, Space, and Tech- (5) provide training and support, including cruitment program of the People’s Republic
nology of the House of Representatives, and through webinars, for relevant faculty and of China, the Democratic People’s Republic
the Committee on Appropriations of the staff employed by institutions of higher edu- of Korea, the Russian Federation, or the Is-
House of Representatives. cation on topics relevant to research secu- lamic Republic of Iran.
(d) ONLINE RESOURCE.—The Director shall rity risks and response; (b) PROHIBITION.—Not later than 1 year
develop an online resource hosted on the (6) enable standardized information gath- after the date of enactment of this division,
Foundation’s publicly accessible website ering and data compilation, storage, and each Federal science agency shall issue a
containing up-to-date information, tailored analysis for compiled incident reports; policy, utilizing the policy guidelines devel-
for institutions of higher education and indi- (7) support analysis of patterns of risk and oped under subsection (a).
vidual researchers, including— identification of bad actors and enhance the (c) EXEMPTION.—The policy developed
(1) an explanation of Foundation research ability of members to prevent and respond to under subsection (b) may include an exemp-
security policies; research security risks; and tion for participation in international con-
(2) unclassified guidance on potential secu- (8) take other appropriate steps to enhance ferences or other international exchanges,
rity risks that threaten research integrity research security. partnerships, or programs, as sanctioned or
and other risks to the research enterprise; (c) FUNDING.—The Foundation may provide approved by the Federal science agency.
(3) examples of beneficial international initial funds toward the RSI-ISAO, but shall When such participation is authorized, the
collaborations and how such collaborations seek to have the fees authorized in sub- Federal science agency shall ensure training
differ from foreign government interference section (d)(2) cover the costs of operations at is provided to the participant on how to re-
efforts that threaten research integrity; the earliest practicable time. spond to overtures from individuals associ-
(4) best practices for mitigating security (d) MEMBERSHIP.— ated with foreign government talent recruit-
risks that threaten research integrity; and (1) IN GENERAL.—The RSI-ISAO shall serve ment programs.
(5) additional reference materials, includ- and include members representing institu- (d) REPORT.—Not later than 2 years after
ing tools that assist organizations seeking tions of higher education, nonprofit research the date of enactment of this division, each
Foundation funding and awardees in infor- institutions, and small and medium-sized Federal science agency shall report to Con-
mation disclosure to the Foundation. businesses. gress on the steps it has taken to implement
(e) RESEARCH GRANTS.—The Director shall (2) FEES.—As soon as practicable, members this section.
continue to award grants, on a competitive of the RS-ISAO shall be charged an annual (e) FOREIGN GOVERNMENT TALENT RECRUIT-
basis, to institutions of higher education or rate to enable the RSI-ISAO to cover its MENT PROGRAMS.—In addition to existing au-
nonprofit organizations (or consortia of such costs. Rates shall be set on a sliding scale thorities for preventing waste, fraud, abuse,
institutions or organizations) to support re- based on research and development spent to and mismanagement of Federal funds, each
search on the conduct of research and the re- ensure that membership is accessible to a di- Federal science agency shall require, as a
search environment, including research on verse community of stakeholders and ensure condition of an award, that the senior per-
research misconduct, breaches of research broad participation. The RS-ISAO shall de- sonnel designated by the United States insti-
integrity, and detrimental research prac- velop a plan to sustain the RS-ISAO without tution applying for Federal funding submit
tices. Federal funding, as practicable. foreign government talent recruitment pro-
(f) RESPONSIBLE CONDUCT IN RESEARCH (e) BOARD OF DIRECTORS.—The RSI-ISAO gram contracts to the agency if the principal
TRAINING.—Section 7009 of the America Cre- may establish a board of directors to provide investigator or a co-principal investigator
ating Opportunities to Meaningfully Pro- guidance for policies, legal issues, and plans discloses membership in a foreign govern-
mote Excellence in Technology, Education, and strategies of the entity’s operations. The ment talent recruitment program other than
and Science Act (42 U.S.C. 1862o–1) is amend- board shall include a diverse group of stake- a program of the People’s Republic of China,
ed— holders representing the research commu- the Democratic People’s Republic of Korea,
(1) by striking ‘‘and postdoctoral research- nity, including academia, industry, and expe- the Russian Federation, or the Islamic Re-
ers’’ and inserting ‘‘postdoctoral researchers, rienced research security administrators. public of Iran. The United States institution,
faculty, and other senior personnel’’; and (f) DEFINITION OF INSTITUTION OF HIGHER as the award applicant, shall ensure, to the
(2) by inserting before the period at the end EDUCATION .—The term ‘‘institution of high- maximum extent practicable, that the con-
the following: ‘‘, including training and er education’’ has the meaning given the tract conforms with the Federal science
mentorship to raise awareness of potential term in section 101(a) of the Higher Edu- agency’s guidance on conflicts of interest,
security threats and of Federal export con- cation Act of 1965 (20 U.S.C. 1001(a)). including those contained in relevant con-
trol, disclosure, and reporting require- SEC. 2303. FOREIGN GOVERNMENT TALENT RE- tract proposal and award policies and proce-
ments’’. CRUITMENT PROGRAM PROHIBI- dures. Each Federal science agency shall re-
(g) FUNDING.—From any amounts appro- TION. view the contract and may prohibit funding
priated for the Foundation for each of fiscal (a) GUIDANCE.—Not later than 180 days to the awardee if the obligations in the con-
years 2022 through 2026, the Director shall al- after the date of enactment of this division, tract interfere with the capacity for activi-
locate $5,000,000 to carry out this section for the Director of the Office of Science and ties receiving support to be carried out, or
each such year. Technology Policy shall, in coordination create duplication with Federally supported
SEC. 2302. RESEARCH SECURITY AND INTEGRITY with the interagency working group estab- activities.
INFORMATION SHARING ANALYSIS lished under section 1746 of the National De- (f) CONSISTENCY.—The Director of the Of-
ORGANIZATION. fense Authorization Act for Fiscal Year 2020 fice of Science and Technology Policy shall
(a) ESTABLISHMENT.—The Director of the (Public Law 116–92; 42 U.S.C. 6601 note), pub- ensure that the policies issued by Federal
Office of Science and Technology Policy lish and widely distribute a uniform set of science agencies under subsection (b) are
shall enter into an agreement with a quali- policy guidelines for Federal science agen- consistent to the greatest extent practicable.
fied independent organization to establish a cies regarding foreign government talent re- (g) DEFINITION.—For purposes of this sec-
research security and integrity information cruitment programs. These policy guidelines tion and section 2304, the term ‘‘foreign gov-
sharing analysis organization (referred to in shall— ernment talent recruitment program’’ has
this section as the ‘‘RSI-ISAO’’), which shall (1) prohibit all personnel of each Federal the meaning given the term ‘‘foreign govern-
include members described in subsection (d) science agency, including Federal employees, ment-sponsored talent recruitment pro-
and carry out the duties described in sub- contract employees, independent contrac- gram’’ in National Security Presidential
section (b). tors, individuals serving under the Intergov- Memorandum–33 (relating to strengthening
(b) DUTIES.—The RSI-ISAO shall— ernmental Personnel Act of 1970 (42 U.S.C. protections of United States Government-
ctelli on DSK11ZRN23PROD with SENATE
(1) serve as a clearinghouse for information 4701 et seq.), Visiting Scientist Engineer and supported research and development against
to help enable the members and other enti- Educator appointments, and special govern- foreign government interference and exploi-
ties in the research community to under- ment employees, from participating in a for- tation) or a successor policy document.
stand the context of their research and iden- eign government talent recruitment pro- SEC. 2304. ADDITIONAL REQUIREMENTS FOR DI-
tify improper or illegal efforts by foreign en- gram; RECTORATE RESEARCH SECURITY.
tities to obtain research results, know how, (2) prohibit awards from being made for (a) INITIATIVE REQUIRED.—The Director
materials, and intellectual property; any proposal in which the principal investi- shall, in consultation with other appropriate
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2609
Federal agencies, establish an initiative to (B) The findings of the Director with re- (4) UPDATES.—The Director shall review pe-
work with institutions of higher education spect to the initiative. riodically and update the resources under
that perform research and technology devel- (C) Such recommendations as the Director paragraph (1) as the Director determines ap-
opment activities under the Directorate— may have for legislative or administrative propriate.
(1) to support protection of intellectual action relating to the matters described in (5) VOLUNTARY RESOURCES.—The use of the
property, consistent with the controls rel- subsection (a). resources disseminated under paragraph (1)
evant to the grant or award, key personnel, (D) Identification and discussion of the shall be considered voluntary.
and information about critical technologies gaps in legal authorities that need to be im- (6) OTHER FEDERAL CYBERSECURITY RE-
relevant to national security; proved to enhance the security of research QUIREMENTS.—Nothing in this section may be
(2) to limit undue influence, including institutions of higher education performing construed to supersede, alter, or otherwise
through foreign government talent recruit- Directorate research. affect any cybersecurity requirements appli-
ment programs, by countries to exploit (E) Information on Foundation Inspector cable to Federal agencies.
United States technology within the Foun- General cases, as appropriate, relating to (c) DEFINITIONS.—In this section:
dation research, science and technology, and undue influence to security threats to aca- (1) DIRECTOR.—The term ‘‘Director’’ means
innovation enterprise, including research demic research activities funded by the the Director of the National Institute of
funded by the Directorate; and Foundation, including theft of property or Standards and Technology.
(3) to support efforts toward development intellectual property relating to a project (2) RESOURCES.—The term ‘‘resources’’
of domestic talent in relevant scientific and funded by the Department at an institution means guidelines, tools, best practices,
engineering fields. of higher education. standards, methodologies, and other ways of
(b) COORDINATION.—The initiative estab- (3) FORM.—The report submitted under providing information.
lished under subsection (a) shall be devel- paragraph (1) shall be submitted in both un- (3) RESEARCH INSTITUTION.—The term ‘‘re-
oped and executed to the maximum extent classified and classified formats, as appro- search institution’’—
practicable with academic research institu- priate. (A) means a nonprofit institution (as de-
SEC. 2305. PROTECTING RESEARCH FROM CYBER fined in section 4 of the Stevenson-Wydler
tions and other educational and research or-
THEFT. Technology Innovation Act of 1980 (15 U.S.C.
ganizations.
(a) IMPROVING CYBERSECURITY OF INSTITU- 3703)); and
(c) REQUIREMENTS.—The initiative estab-
TIONS OF HIGHER EDUCATION.—Section (B) includes Federally funded research and
lished under subsection (a) shall include de-
2(e)(1)(A) of the National Institute of Stand- development centers, as identified by the Na-
velopment of the following: ards and Technology Act (15 U.S.C. tional Science Foundation in accordance
(1) Training developed and delivered in 272(e)(1)(A)) is amended— with the Federal Acquisition Regulation
consultation with institutions of higher edu- (1) in clause (viii), by striking ‘‘and’’ after issued in accordance with section 1303(a)(1)
cation and appropriate Federal agencies, and the semicolon; of title 41 (or any successor regulation).
other support to institutions of higher edu- (2) by redesignating clause (ix) as clause SEC. 2306. INTERNATIONAL STANDARDS DEVEL-
cation, to promote security of controlled in- (x); and OPMENT.
formation, as appropriate, including best (3) by inserting after clause (viii) the fol- (a) FINDINGS.—Congress finds the fol-
practices for protection of controlled infor- lowing: lowing:
mation. ‘‘(ix) consider institutions of higher edu- (1) Widespread use of standards facilitates
(2) The capacity of institutions of higher cation (as defined in section 101 of the Higher technology advancement by defining and es-
education to assess whether individuals af- Education Act of 1965 (20 U.S.C. 1001)); and’’. tablishing common foundations for inter-
filiated with Directorate programs have par- (b) DISSEMINATION OF RESOURCES FOR RE- operability, product differentiation, techno-
ticipated in or are currently participating in SEARCH INSTITUTIONS.— logical innovation, and other value-added
foreign government talent recruitment pro- (1) IN GENERAL.—Not later than 90 days services.
gram programs. after the date of enactment of this division, (2) Standards also promote an expanded,
(3) Opportunities to collaborate with Direc- the Director shall, using the authorities of more interoperable, and efficient market-
torate awardees to promote protection of the Director under subsection (e)(1)(A)(ix) of place.
controlled information as appropriate and section 2 of the National Institute of Stand- (3) Global cooperation and coordination on
strengthen defense against foreign intel- ards and Technology Act (15 U.S.C. 272), as standards for emerging technologies will be
ligence services. amended by subsection (a), disseminate and critical for having a consistent set of ap-
(4) As appropriate, regulations and proce- make publicly available resources to help re- proaches to enable market competition, pre-
dures— search institutions and institutions of higher clude barriers to trade, and allow innovation
(A) for government and academic organiza- education identify, protect the institution to flourish.
tions and personnel to support the goals of involved from, detect, respond to, and re- (4) The People’s Republic of China’s Stand-
the initiative; and cover to manage the cybersecurity risk of ardization Reform Plan and Five-Year Plan
(B) that are consistent with policies that the institution involved related to con- for Standardization highlight its high-level
protect open and scientific exchange in fun- ducting research. goals to establish China as a standards power
damental research. (2) REQUIREMENTS.—The Director shall en- by 2020, participate in at least half of all
(5) Policies to limit or prohibit funding sure that the resources disseminated pursu- standards drafting and revision efforts in
provided by the Foundation for individual re- ant to paragraph (1)— recognized international standards setting
searchers who knowingly violate regulations (A) are generally applicable and usable by organizations, and strengthen China’s par-
developed under the initiative, including a wide range of research institutions and in- ticipation in the governance of international
policies relating to foreign government tal- stitutions of higher education; standards setting organizations.
ent recruitment programs. (B) vary with the nature and size of the im- (5) As emerging technologies develop for
(6) Policies to limit or prohibit funding plementing research institutions or institu- global deployment, it is critical that the
provided by the Foundation for institutions tions of higher education, and the nature and United States and its allies continue to par-
that knowingly violate regulations devel- sensitivity of the data collected or stored on ticipate in the development of standards
oped under the initiative, including policies the information systems or devices of the that underpin the technologies themselves,
relating to foreign government talent re- implementing research institutions or insti- and the future international governance of
cruitment programs. tutions of higher education; these technologies.
(d) DEPARTMENT OF DEFENSE EFFORTS.—In (C) include elements that promote aware- (6) The United States position on standard-
carrying out this section, the Foundation ness of simple, basic controls, a workplace ization in emerging technologies will be crit-
shall consider the efforts undertaken by the cybersecurity culture, and third-party stake- ical to United States economic competitive-
Department of Defense to secure defense re- holder relationships, to assist research insti- ness.
search, including as provided under section tutions or institutions of higher education in (7) The National Institute of Standards and
1286 of the John S. McCain National Defense mitigating common cybersecurity risks; Technology is in a unique position to
Authorization Act for Fiscal Year 2019 (10 (D) include case studies of practical appli- strengthen United States leadership in
U.S.C. 2358 note). cation; standards development, particularly for
(e) ANNUAL REPORT.— (E) are technology-neutral and can be im- emerging technologies, to ensure continuing
(1) IN GENERAL.—Not later than 1 year after plemented using technologies that are com- United States economic competitiveness and
date of enactment of this division, and annu- mercial and off-the-shelf; and national security.
ally thereafter, the Director, shall submit to (F) to the extent practicable, are based on (b) SENSE OF CONGRESS.—It is the sense of
Congress a report on the activities carried international standards. Congress that—
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out under the initiative established under (3) NATIONAL CYBERSECURITY AWARENESS (1) the principles of openness, trans-
subsection (a). AND EDUCATION PROGRAM.—The Director shall parency, due process, and consensus in the
(2) CONTENTS.—The report required by ensure that the resources disseminated development of international standards are
paragraph (1) shall include the following: under paragraph (1) are consistent with the critical;
(A) A description of the activities con- efforts of the Director under section 303 of (2) voluntary consensus standards, devel-
ducted and the progress made under the ini- the Cybersecurity Enhancement Act of 2014 oped through an industry-led process, serve
tiative. (15 U.S.C. 7443). as the cornerstone of the United States
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S2610 CONGRESSIONAL RECORD — SENATE May 18, 2021
standardization system and have become the Federal funding made available, to foreign given the term ‘extension’ in section 1404 of
basis of a sound national economy and the entities of concern for research, during the the Food and Agriculture Act of 1977 (7
key to global market access; study period. U.S.C. 3103).
(3) strengthening the unique United States (c) MATTERS TO BE INCLUDED.—The study ‘‘(3) KEY TECHNOLOGY FOCUS AREAS.—The
public-private partnerships approach to conducted under subsection (b) shall include, term ‘key technology focus areas’ means the
standards development is critical to United to the extent practicable with respect to the areas included on the most recent list under
States economic competitiveness; and study period, an assessment of— section 2005 of the Endless Frontier Act.
(4) the United States Government should (1) the total amount of Federal funding ‘‘(4) LABOR ORGANIZATION.—The term ‘labor
ensure cooperation and coordination across made available to foreign entities of concern organization’ has the meaning given such
Federal agencies to partner with and support for research; term in section 2101 of the Endless Frontier
private sector stakeholders to continue to (2) the total number and types of foreign Act.
shape international dialogues in regard to entities of concern to whom such funding ‘‘(5) LOW POPULATION STATE.—The term
standards development for emerging tech- was made available; ‘low population State’ means a State with-
nologies. (3) the requirements relating to the award- out an urbanized area with a population
(c) ACTIVITIES AND ENGAGEMENT.—The Sec- ing, tracking, and monitoring of such fund- greater than 200,000 as reported in the 2010
retary of Commerce, acting through the Di- ing; decennial census.
rector, and in consultation with the Sec- (4) any other data available with respect to ‘‘(6) MANUFACTURING EXTENSION CENTER.—
retary of Energy as relevant, shall— Federal funding made available to foreign The term ‘manufacturing extension center’
(1) build capacity and training opportuni- entities of concern for research; and
ties to help create a pipeline of talent and has the meaning given the term ‘Center’ in
(5) such other matters as the Comptroller section 25(a) of the National Institute of
leadership in key standards development po- General determines appropriate.
sitions; Standards and Technology Act (15 U.S.C.
(d) BRIEFING ON AVAILABLE DATA.—Not 278k(a)).
(2) partner with private sector entities to later than 120 days after the date of the en-
support strategic engagement and leadership ‘‘(7) MANUFACTURING USA INSTITUTE.—The
actment of this division, the Comptroller term ‘Manufacturing USA institute’ means
in the development of international stand- General shall brief the Committee on Com-
ards for digital economy technologies, in- an Manufacturing USA institute described in
merce, Science, and Transportation and the section 34(d) of the National Institute of
cluding partnering with industry to assist Committee on Foreign Relations of the Sen-
private sector partners to develop standards Standards and Technology Act (15 U.S.C.
ate and the Committee on Science, Space,
strategies and support engagement and par- 278s(d)).
and Technology and the Committee on For-
ticipation in the relevant standards activi- ‘‘(8) SITE CONNECTIVITY INFRASTRUCTURE.—
eign Affairs of the House of Representatives
ties; and The term ‘site connectivity infrastructure’
on the study conducted under subsection (b)
(3) prioritize efforts on standards develop- means localized driveways and access roads
and on the data that is available with re-
ment for emerging technologies, identify or- to a facility as well as hookups to the new
spect to Federal funding made available to
ganizations to develop these standards, iden- facility for drinking water, waste water,
foreign entities of concern for research.
tify leadership positions of interest to the broadband, and other basic infrastructure
(e) REPORT.—The Comptroller General
United States, and identify key contributors shall submit to the congressional commit- services already present in the area.
for technical and leadership expertise in tees specified in subsection (d), by a date ‘‘(9) SMALL AND RURAL COMMUNITIES.—The
these areas. agreed upon by the Comptroller General and term ‘small and rural community’ means a
SEC. 2307. RESEARCH FUNDS ACCOUNTING.
the committees on the date of the briefing, a noncore area, a micropolitan area, or a small
(a) DEFINITIONS.—In this section: report on the findings of the study conducted metropolitan statistical area with a popu-
(1) FOREIGN ENTITY OF CONCERN.—The term under subsection (b). lation of not more than 200,000.
‘‘foreign entity of concern’’ means a foreign ‘‘(10) VENTURE DEVELOPMENT ORGANIZA-
SEC. 2308. PLAN WITH RESPECT TO SENSITIVE OR
entity that is— CONTROLLED INFORMATION AND TION.—The term ‘venture development orga-
(A) designated as a foreign terrorist orga- BACKGROUND SCREENING. nization’ has the meaning given such term in
nization by the Secretary of State under sec- Not later than 180 days after the enact- section 27(a) of the Stevenson-Wydler Act of
tion 219(a) of the Immigration and Nation- ment of this division, the Director, in con- 1980 (15 U.S.C. 3722(a)).
ality Act (8 U.S.C. 1189(a)); sultation with the Director of National In-
(B) included on the list of specially des- ‘‘(b) REGIONAL TECHNOLOGY HUB PRO-
telligence and, as appropriate, other Federal GRAM.—
ignated nationals and blocked persons main- agencies, shall develop a plan to—
tained by the Office of Foreign Assets Con- ‘‘(1) IN GENERAL.—Subject to the avail-
(1) identify research areas that may in- ability of appropriations, the Secretary shall
trol of the Department of the Treasury (com- clude sensitive or controlled information, in-
monly known as the SDN list); carry out a program—
cluding in the key technology focus areas; ‘‘(A) to encourage new and constructive
(C) owned by, controlled by, or subject to and
the jurisdiction or direction of a government collaboration among local, State, and Fed-
(2) provide for background screening, as ap- eral government entities, academia, the pri-
of a foreign country that is a covered nation propriate, for individuals working in such re-
(as defined in section 2533c(d) of title 10, vate sector, economic development organiza-
search areas who are employees of the Foun- tions, and labor organizations;
United States Code); dation or recipients of funding from the
(D) alleged by the Attorney General to ‘‘(B) to support eligible consortia in the
Foundation. creation of regional innovation strategies;
have been involved in activities for which a
conviction was obtained under— TITLE IV—REGIONAL INNOVATION ‘‘(C) to designate eligible consortia as re-
(i) chapter 37 of title 18, United States CAPACITY gional technology hubs and facilitate activi-
Code (commonly known as the Espionage SEC. 2401. REGIONAL TECHNOLOGY HUBS. ties by consortia designated as regional tech-
Act); (a) IN GENERAL.—The Stevenson-Wydler nology hubs in implementing their regional
(ii) section 951 or 1030 of title 18, United Technology Innovation Act of 1980 (Public innovation strategies, in order—
States Code; Law 96–480; 15 U.S.C. 3701 et seq.) is amend- ‘‘(i) to enable United States leadership in
(iii) chapter 90 of title 18, United States ed— technology and innovation sectors critical to
Code (commonly known as the Economic Es- (1) by redesignating section 28 as section national and economic security;
pionage Act of 1996); 29; and ‘‘(ii) to support regional economic develop-
(iv) the Arms Export Control Act (22 U.S.C. (2) by inserting after section 27 the fol- ment, including in small cities and rural
2751 et seq.); lowing: areas, and diffuse innovation around the
(v) section 224, 225, 226, 227, or 236 of the ‘‘SEC. 28. REGIONAL TECHNOLOGY HUB PRO- United States; and
Atomic Energy Act of 1954 (42 U.S.C. 2274, GRAM. ‘‘(iii) to support domestic job creation and
2275, 2276, 2277, and 2284); ‘‘(a) DEFINITIONS.—In this section: broad-based economic growth; and
(vi) the Export Control Reform Act of 2018 ‘‘(1) APPROPRIATE COMMITTEES OF CON- ‘‘(D) to ensure that the regional tech-
(50 U.S.C. 4801 et seq.); or GRESS.—The term ‘appropriate committees nology hubs address the intersection of
(vii) the International Emergency Eco- of Congress’ means— emerging technologies and either local and
nomic Powers Act (50 U.S.C. 1701 et seq.); or ‘‘(A) the Committee on Commerce, regional challenges or national challenges;
(E) determined by the Secretary of Com- Science, and Transportation, the Committee and
merce, in consultation with the Secretary of on Environment and Public Works, and the ‘‘(E) to conduct ongoing research, evalua-
Defense and the Director of National Intel- Committee on Appropriations of the Senate; tion, analysis, and dissemination of best
ligence, to be engaged in unauthorized con- and practices for regional development and com-
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duct that is detrimental to the national se- ‘‘(B) the Committee on Science, Space, and petitiveness in technology and innovation.
curity or foreign policy of the United States. Technology, the Committee on Transpor- ‘‘(2) AWARDS.—The Secretary shall carry
(2) STUDY PERIOD.—The term ‘‘study pe- tation and Infrastructure, and the Com- out the program required by paragraph (1)
riod’’ means the 5-year period ending on the mittee on Appropriations of the House of through the award of the following:
date of enactment of this Act. Representatives. ‘‘(A) Strategy development grants or coop-
(b) STUDY.—The Comptroller General of ‘‘(2) COOPERATIVE EXTENSION.—The term erative agreements to eligible consortia
the United States shall conduct a study on ‘cooperative extension’ has the meaning under subsection (e).
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2611
‘‘(B) Strategy implementation grants or late Competitive Research of the National egies for infrastructure and site develop-
cooperative agreements to regional tech- Science Foundation. ment, in support of the regional technology
nology hubs under subsection (f). ‘‘(3) RELATION TO CERTAIN GRANT AWARDS.— hub’s plans and programs.
‘‘(3) ADMINISTRATION.—The Secretary shall The Secretary shall not require an eligible ‘‘(2) USE OF FUNDS.—The amount of a grant
carry out this section through the Assistant consortium to receive a grant or cooperative or cooperative agreement awarded under
Secretary of Commerce for Economic Devel- agreement under subsection (e) in order to be subparagraph (A) to a regional technology
opment in coordination with the Under Sec- designated as a regional technology hub hub may be used by the regional technology
retary of Commerce for Standards and Tech- under paragraph (1) of this subsection. hub to support any of the following activi-
nology. ‘‘(e) STRATEGY DEVELOPMENT GRANTS AND ties, consistent with the most current re-
‘‘(c) ELIGIBLE CONSORTIA.—For purposes of COOPERATIVE AGREEMENTS.— gional innovation strategy of the regional
this section, an eligible consortium is a con- ‘‘(1) IN GENERAL.—The Secretary shall use technology hub:
sortium that— a competitive process to award grants or co- ‘‘(A) WORKFORCE DEVELOPMENT ACTIVI-
‘‘(1) includes 1 or more— operative agreements to eligible consortia TIES.—Workforce development activities, in-
‘‘(A) institutions of higher education; for the development of regional innovation cluding activities relating to the following:
‘‘(B) local or Tribal governments or other strategies. ‘‘(i) The creation of partnerships between
political subdivisions of a State; ‘‘(2) NUMBER OF RECIPIENTS.—The Secretary industry, workforce, and academic groups,
‘‘(C) State governments represented by an shall award a grant or cooperative agree- which may include community colleges, to
agency designated by the governor of the ment under paragraph (1) to not fewer than create and align technical training and edu-
State or States that is representative of the 20 eligible consortia. cational programs.
geographic area served by the consortia; ‘‘(3) GEOGRAPHIC DIVERSITY AND REPRESEN- ‘‘(ii) The design, development, and updat-
‘‘(D) economic development organizations TATION.— ing of educational and training curriculum.
or similar entities that are focused primarily ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(iii) The procurement of facilities and
on improving science, technology, innova- carry out paragraph (1) in a manner that en- equipment, as required to train a technical
tion, or entrepreneurship; sures geographic diversity and representa- workforce.
‘‘(E) industry or firms in relevant tech- tion from communities of differing popu- ‘‘(iv) The development and execution of
nology or innovation sectors; lations. programs to rapidly award certificates or
‘‘(F) labor organizations or workforce ‘‘(B) AWARDS TO SMALL AND RURAL COMMU- credentials recognized by regional industry
training organizations, including State and NITIES.—In carrying out paragraph (1), the groups.
local workforce development boards as es- Secretary shall— ‘‘(v) The matching of regional employers
tablished under section 101 and 107 of the ‘‘(i) award not fewer than one-third of the with a potential new entrant, under-
Workforce Investment and Opportunity Act grants and cooperative agreements under employed, or incumbent workforce.
(29 U.S.C. 3111; 3122); and such paragraph to eligible consortia that sig- ‘‘(vi) The expansion of successful training
‘‘(2) may include 1 or more— nificantly benefit a small and rural commu- programs at a scale required by the region
‘‘(A) nonprofit economic development enti- nity, which may include a State described in served by the regional technology hub, in-
ties with relevant expertise, including a dis- clause (ii); and cluding through the use of online education.
trict organization (as defined in section 300.3 ‘‘(ii) award not fewer than one-third of the ‘‘(B) BUSINESS AND ENTREPRENEUR DEVELOP-
of title 13, Code of Federal Regulations, or grants and cooperative agreements under MENT ACTIVITIES.—Business and entrepreneur
successor regulation); such paragraph to eligible consortia that in- development activities, including activities
‘‘(B) venture development organizations; clude as a member of the eligible consortia relating to the following:
‘‘(C) financial institutions and investment at least 1 member that is a State that is eli- ‘‘(i) The development and growth of re-
funds; gible to receive funding from the Established gional businesses and the training of entre-
‘‘(D) primary and secondary educational Program to Stimulate Competitive Research preneurs.
institutions, including career and technical of the National Science Foundation. ‘‘(ii) The support of technology commer-
education schools; ‘‘(4) USE OF FUNDS.—The amount of a grant cialization, including funding for activities
‘‘(E) National Laboratories (as defined in or cooperative agreement awarded under relevant to the protection of intellectual
section 2 of the Energy Policy Act of 2005 (42 paragraph (1) shall be as follows: property.
U.S.C. 15801)); ‘‘(A) To coordinate locally defined plan- ‘‘(iii) The development of networks for
‘‘(F) Federal laboratories; ning processes, across jurisdictions and agen- business and entrepreneur mentorship.
‘‘(G) Manufacturing extension centers; cies, relating to developing a comprehensive ‘‘(C) TECHNOLOGY MATURATION ACTIVITIES.—
‘‘(H) Manufacturing USA institutes; regional technology strategy. Technology maturation activities, including
‘‘(I) institutions receiving an award under ‘‘(B) To identify regional partnerships for activities relating to the following:
section 2104 of the Endless Frontier Act; and developing and implementing a comprehen- ‘‘(i) The development and deployment of
‘‘(J) a cooperative extension. sive regional technology strategy. technologies in sectors critical to the region
‘‘(d) DESIGNATION OF REGIONAL TECHNOLOGY ‘‘(C) To conduct or update assessments to served by the regional technology hub or to
HUBS.— determine regional needs. national and economic security, including
‘‘(1) IN GENERAL.—In carrying out sub- ‘‘(D) To develop or update goals and strate- proof of concept, prototype development, and
section (b)(1)(C), the Secretary shall use a gies to implement an existing comprehensive testing.
competitive process to designate eligible regional plan. ‘‘(ii) The provision of facilities for tech-
consortia as regional technology hubs. ‘‘(E) To identify or implement local zoning nology maturation, including incubators for
‘‘(2) GEOGRAPHIC DISTRIBUTION.—In con- and other code changes necessary to imple- collaborative development of technologies by
ducting the competitive process under para- ment a comprehensive regional technology private sector, academic, and other entities.
graph (1), the Secretary shall ensure geo- strategy. ‘‘(iii) Activities to ensure access to capital
graphic distribution in the designation of re- ‘‘(5) FEDERAL SHARE.—The Federal share of for new business formation and business ex-
gional technology hubs by— the cost of an effort carried out using a pansion, including by attracting new private,
‘‘(A) seeking to designate at least three grant or cooperative agreement awarded public, and philanthropic investment and by
technology hubs in each region covered by a under this subsection may not exceed 80 per- establishing regional venture and loan funds.
regional office of the Economic Development cent— ‘‘(iv) Activities determined appropriate by
Administration; ‘‘(A) where in-kind contributions may be the Secretary under section 27(c)(2) of this
‘‘(B) focusing on localities that are not used for all or part of the non-Federal share, Act.
leading technology centers; but Federal funding from other Government ‘‘(D) INFRASTRUCTURE-RELATED ACTIVI-
‘‘(C) ensuring that not fewer than one- sources may not count towards the non-Fed- TIES.—The building of facilities and site
third of eligible consortia designated as re- eral share; connectivity infrastructure necessary to
gional technology hubs significantly benefit ‘‘(B) except in the case of an eligible con- carry out activities described in subpara-
a small and rural community, which may in- sortium that represents all or part of a small graphs (A), (B), and (C), including activities
clude a State described in subparagraph (D); and rural community, the Federal share may relating to the following:
‘‘(D) ensuring that not fewer than one- be up to 90 percent of the total cost, subject ‘‘(i) Establishing a workforce training cen-
third of eligible consortia designated as re- to subparagraph (A); and ter with required tools and instrumentation.
gional technology hubs include as a member ‘‘(C) except in the case of an eligible con- ‘‘(ii) Establishing a facility for technology
of the eligible consortia at least 1 member sortium that is led by a Tribal government, development, demonstration, and testing.
that is a State that is eligible to receive the Federal share may be up to 100 percent of ‘‘(iii) Establishing collaborative incubators
funding from the Established Program to the total cost of the project. to support technology commercialization
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Stimulate Competitive Research of the Na- ‘‘(f) STRATEGY IMPLEMENTATION GRANTS and entrepreneur training.
tional Science Foundation; and AND COOPERATIVE AGREEMENTS.— ‘‘(3) LIMITATION ON AMOUNT OF AWARDS.—
‘‘(E) ensuring that at least one eligible ‘‘(1) IN GENERAL.—The Secretary shall use The Secretary shall ensure that no single re-
consortium designated as a regional tech- a competitive process to award grants or co- gional technology hub receives more than 10
nology hub is headquartered in a low popu- operative agreements to regional technology percent of the aggregate amount of the
lation State that is eligible to receive fund- hubs for the implementation of regional in- grants and cooperative agreements awarded
ing from the Established Program to Stimu- novation strategies, including regional strat- under this subsection.
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S2612 CONGRESSIONAL RECORD — SENATE May 18, 2021
‘‘(4) TERM.— AND COOPERATIVE AGREEMENTS.—In selecting ‘‘(A) enhance the economic, environ-
‘‘(A) IN GENERAL.—The term of a grant or an eligible consortium that submitted an ap- mental, and energy security of the United
cooperative agreement awarded under this plication under subsection (g) for designa- States by promoting domestic development,
subsection shall be for such period as the tion under subsection (d) or for a grant or co- manufacture, and deployment of innovative
Secretary considers appropriate. operative agreement under subsection (f), clean technologies and advanced manufac-
‘‘(B) RENEWAL.—The Secretary may renew the Secretary shall consider, at a minimum, turing practices; and
a grant or cooperative agreement awarded to the following: ‘‘(B) support translational research, tech-
a regional technology hub under this sub- ‘‘(1) The potential of the eligible consor- nology development, manufacturing innova-
section as the Secretary considers appro- tium to advance the research, development, tion, and commercialization activities relat-
priate if the Secretary determines that the deployment, and domestic manufacturing of ing to clean technology.
performance of the regional technology hub technologies in a key technology focus area ‘‘(i) COORDINATION AND COLLABORATION.—
is satisfactory. or other technology or innovation sector ‘‘(1) COORDINATION WITH REGIONAL INNOVA-
‘‘(5) MATCHING REQUIRED.— critical to national and economic security. TION PROGRAM.—The Secretary shall work to
‘‘(A) IN GENERAL.—Except in the case of a ‘‘(2) The likelihood of positive regional ensure the activities under this section do
regional technology hub described in sub- economic effect, including increasing the not duplicate activities or efforts under sec-
paragraph (B), the total amount of all grants number of high wage domestic jobs, and cre- tion 27, as the Secretary considers appro-
awarded to a regional technology hub under ating new economic opportunities for eco- priate.
this subsection in a given year shall not ex- nomically disadvantaged and underrep- ‘‘(2) COORDINATION WITH PROGRAMS OF THE
ceed amounts as follows: resented populations. NATIONAL INSTITUTE OF STANDARDS AND TECH-
‘‘(i) In the first year of the grant or cooper- ‘‘(3) How the eligible consortium plans to NOLOGY.—The Secretary shall coordinate the
ative agreement, 90 percent of the total oper- integrate with and leverage the resources of
activities of regional technology hubs des-
ating costs of the regional technology hub in 1 or more federally funded research and de-
ignated under this section, the Hollings Man-
that year. velopment centers, National Laboratories,
ufacturing Extension Partnership, and the
‘‘(ii) In the second year of the grant or co- Federal laboratories, Manufacturing USA in-
Manufacturing USA Program, as the Sec-
operative agreement, 85 percent of the total stitutes, Hollings Manufacturing Extension
retary considers appropriate, to maintain
operating costs of the regional technology Partnership centers, university technology
the effectiveness of a manufacturing exten-
hub in that year. centers established under section 2104 of the
sion center or a Manufacturing USA insti-
‘‘(iii) In the third year of the grant or co- Endless Frontier Act, the program estab-
tute.
operative agreement, 80 percent of the total lished under section 2107 of the such Act, test
‘‘(3) COORDINATION WITH DEPARTMENT OF EN-
operating costs of the regional technology beds established and operated under section
ERGY PROGRAMS.—The Secretary shall, in
hub in that year. 2108 of such Act, or other Federal research
entities. collaboration with the Secretary of Energy,
‘‘(iv) In the fourth year of the grant or co-
‘‘(4) How the eligible consortium will en- coordinate the activities and selection of re-
operative agreement and each year there-
gage with the private sector, including gional technology hubs designated under this
after, 75 percent of the total operating costs
small- and medium-sized businesses to com- section, as the Secretaries consider appro-
of the regional technology hub in that year.
mercialize new technologies and improve the priate, to maintain the effectiveness of ac-
‘‘(B) SMALL AND RURAL COMMUNITIES AND
resiliency of domestic supply chains in a key tivities at the Department of Energy and the
INDIAN TRIBES.—
technology focus area or other technology or National Laboratories.
‘‘(i) IN GENERAL.—The total Federal finan-
innovation sector critical to national and ‘‘(4) INTERAGENCY COLLABORATION.—In des-
cial assistance awarded in a given year to a
economic security. ignating regional technology hubs under sub-
regional technology hub under this sub-
‘‘(5) How the eligible consortium will carry section (d) and awarding grants or coopera-
section shall not exceed amounts as follows:
out workforce development and skills acqui- tive agreements under subsection (f), the
‘‘(I) In the case of a regional technology
sition programming, including through part- Secretary—
hub that represents a small and rural com-
nerships with entities that include State and ‘‘(A) shall collaborate, to the extent pos-
munity, in a fiscal year, 90 percent of the
local workforce development boards, institu- sible, with the interagency working group
total funding of the regional technology hub
tions of higher education, including commu- established under section 2004 of the Endless
in that fiscal year.
nity colleges, historically Black colleges and Frontier Act;
‘‘(II) In the case of an regional technology
universities, Tribal colleges and universities, ‘‘(B) shall collaborate with Federal depart-
hub that is led by a Tribal government, in a
and minority serving institutions, labor or- ments and agencies whose missions con-
fiscal year, 100 percent of the total funding
ganizations, and workforce development pro- tribute to the goals of the regional tech-
of the regional technology hub in that fiscal
grams, and other related activities author- nology hub;
year.
ized by the Secretary, to support the devel- ‘‘(C) shall consult with the Director of the
‘‘(ii) MINIMUM THRESHOLD OF RURAL REP-
opment of a key technology focus area or National Science Foundation for the purpose
RESENTATION.—For purposes of clause (i)(I),
other technology or innovation sector crit- of ensuring that the regional technology
the Secretary shall establish a minimum
ical to national and economic security. hubs are aligned with relevant science, tech-
threshold of rural representation in the re-
‘‘(6) How the eligible consortium will im- nology, and engineering expertise; and
gional technology hub.
prove science, technology, engineering, and ‘‘(D) may accept funds from other Federal
‘‘(C) IN-KIND CONTRIBUTIONS.—For purposes
mathematics education programs in the agencies to support grants, cooperative
of this paragraph, in-kind contributions may
identified region in elementary and sec- agreements, and activities under this sec-
be used for part of the non-Federal share of
ondary school and higher education institu- tion.
the total funding of a regional technology
hub in a fiscal year. tions located in the identified region to sup- ‘‘(j) PERFORMANCE MEASUREMENT, TRANS-
port the development of a key technology PARENCY, AND ACCOUNTABILITY.—
‘‘(6) GRANTS FOR INFRASTRUCTURE.—Any
grant or cooperative agreement awarded focus area or other technology or innovation ‘‘(1) METRICS, STANDARDS, AND ASSESS-
sector critical to national and economic se- MENT.—For each grant and cooperative
under this subsection to support the con-
struction of facilities and site connectivity curity. agreement awarded under subsection (f) for a
infrastructure shall be awarded pursuant to ‘‘(7) How the eligible consortium plans to regional technology hub, the Secretary
section 201 of the Public Works and Eco- develop partnerships with venture develop- shall—
nomic Development Act of 1965 (42 U.S.C. ment organizations and sources of private in- ‘‘(A) develop metrics, which may include
3141) and subject to the provisions of such vestment in support of private sector activ- metrics relating to domestic job creation,
Act, except that subsection (b) of such sec- ity, including launching new or expanding patent awards, and business formation and
tion and sections 204 and 301 of such Act (42 existing companies, in a key technology expansion, to assess the effectiveness of the
U.S.C. 3144, 3161) shall not apply. focus area or other technology or innovation activities funded in making progress toward
‘‘(7) RELATION TO CERTAIN GRANT AWARDS.— sector critical to national and economic se- the purposes set forth under subsection
The Secretary shall not require a regional curity. (b)(1);
technology hub to receive a grant or cooper- ‘‘(8) How the eligible consortium plans to ‘‘(B) establish standards for the perform-
ative agreement under subsection (e) in organize the activities of regional partners ance of the regional technology hub that are
order to receive a grant or cooperative agree- across sectors in support of a regional tech- based on the metrics developed under sub-
ment under this subsection. nology hub. paragraph (A); and
‘‘(g) APPLICATIONS.—An eligible consor- ‘‘(9) How the eligible consortium will en- ‘‘(C) 4 years after the initial award under
tium seeking designation as a regional tech- sure that growth in technology and innova- subsection (f) and every 2 years thereafter
nology hub under subsection (d) or a grant or tion sectors produces broadly shared oppor- until Federal financial assistance under this
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cooperative agreement under subsection (e) tunity across the identified region, including section for the regional technology hub is
or (f) shall submit to the Secretary an appli- for economic disadvantaged and underrep- discontinued, conduct an assessment of the
cation therefor at such time, in such man- resented populations and rural areas. regional technology hub to confirm whether
ner, and containing such information as the ‘‘(10) The likelihood efforts served by the the performance of the regional technology
Secretary may specify. consortium will be sustained once Federal hub is meeting the standards for perform-
‘‘(h) CONSIDERATIONS FOR DESIGNATION AND support ends. ance established under subparagraph (B) of
AWARD OF STRATEGY DEVELOPMENT GRANTS ‘‘(11) How the eligible consortium will— this paragraph.
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2613
‘‘(2) FINAL REPORTS BY RECIPIENTS OF (Public Law 96–480), as added by subsection ‘‘(8) DIVERSITY PREFERENCES.—In awarding
STRATEGY IMPLEMENTATION GRANTS AND COOP- (a). financial assistance under paragraph (1) for
ERATIVE AGREEMENTS.— (2) DESIGNATION AND AWARD.—Not later planning or establishing a Manufacturing
‘‘(A) IN GENERAL.—The Secretary shall re- than 1 year after the date of the enactment USA institute, an agency head shall
quire each eligible consortium that receives of this division, if the Secretary has received prioritize Manufacturing USA institutes
a grant or cooperative agreement under sub- at least 1 application under subsection (g) of that—
section (f) for activities of a regional tech- such section from an eligible consortium ‘‘(A) contribute to the geographical diver-
nology hub, as a condition of receipt of such whom the Secretary considers suitable for sity of the Manufacturing USA Program;
grant or cooperative agreement, to submit to designation under subsection (d)(1) of such ‘‘(B) are located in an area with a low per
the Secretary, not later than 120 days after section, the Secretary shall— capita income; and
the last day of the term of the grant or coop- (A) designate at least 1 regional tech- ‘‘(C) are located in an area with a high pro-
erative agreement, a report on the activities nology hub under subsection (d)(1) of such portion of socially disadvantaged resi-
of the regional technology hub supported by section; and dents.’’.
the grant or cooperative agreement. (B) award a grant or cooperative agree- (d) COORDINATION BETWEEN MANUFACTURING
‘‘(B) CONTENTS OF REPORT.—Each report ment under subsection (f)(1) of such section USA PROGRAM AND HOLLINGS MANUFAC-
submitted by an eligible consortium under to each regional technology hub designated TURING EXTENSION PARTNERSHIP.—The Sec-
subparagraph (A) shall include the following: pursuant to subparagraph (A) of this para- retary shall facilitate the coordination of
‘‘(i) A detailed description of the activities graph. the activities of the Manufacturing USA
carried out by the regional technology hub Program and the activities of Hollings Man-
SEC. 2402. MANUFACTURING USA PROGRAM.
using the grant or cooperative agreement de- ufacturing Extension Partnership with each
(a) DEFINITIONS.—In this section: other to the degree that doing so does not di-
scribed in subparagraph (A), including the
(1) HISTORICALLY BLACK COLLEGE OR UNI- minish the effectiveness of the ongoing ac-
following:
VERSITY.—The term ‘‘historically Black col- tivities of a Manufacturing USA institute or
‘‘(I) A description of each project the re-
lege or university’’ has the meaning given a Center (as the term is defined in section
gional technology hub completed using such
the term ‘‘part B institution’’ in section 322 25(a) of the National Institute of Standards
grant or cooperative agreement.
of the Higher Education Act of 1965 (20 U.S.C. and Technology Act (15 U.S.C. 278k(a)), in-
‘‘(II) An explanation of how each project
described in subclause (I) achieves a specific 1061)). cluding Manufacturing USA institutes enter-
goal under this section in the region of the (2) MANUFACTURING USA INSTITUTE.—The ing into agreements with a Center (as so de-
regional technology hub with respect to— term ‘‘Manufacturing USA institute’’ means fined) that the Secretary considers appro-
‘‘(aa) the resiliency of a supply chain; an institute described in section 34(d) of the priate to provide services relating to the
‘‘(bb) research, development, and deploy- National Institute of Standards and Tech- mission of the Hollings Manufacturing Ex-
ment of a critical technology; nology Act (15 U.S.C. 278s(d)). tension Partnership, including outreach,
‘‘(cc) workforce training and development; (3) MANUFACTURING USA NETWORK.—The technical assistance, workforce develop-
‘‘(dd) domestic job creation; or term ‘‘Manufacturing USA Network’’ means ment, and technology transfer and adoption
‘‘(ee) entrepreneurship. the network established under section 34(c) assistance to small- and medium-sized manu-
‘‘(ii) A discussion of any obstacles encoun- of the National Institute of Standards and facturers.
Technology Act (15 U.S.C. 278s(c)). (e) ADVICE FROM THE NATIONAL MANUFAC-
tered by the regional technology hub in the
(4) MANUFACTURING USA PROGRAM.—The TURING ADVISORY COUNCIL.—The Secretary
implementation of the regional technology
term ‘‘Manufacturing USA Program’’ means shall seek advice from the National Manu-
hub and how the regional technology hub
the program established under section facturing Advisory Council on matters con-
overcame those obstacles.
34(b)(1) of the National Institute of Stand- cerning investment in and support of the
‘‘(iii) An evaluation of the success of the
ards and Technology Act (15 U.S.C. manufacturing workforce within the Manu-
projects of the regional technology hub using facturing USA Program, including those
the performance standards and measures es- 278s(b)(1)).
(5) MINORITY-SERVING INSTITUTION.—The matters covered under section 2404(d)(7).
tablished under paragraph (1), including an (f) PARTICIPATION OF MINORITY-SERVING IN-
evaluation of the planning process and how term ‘‘minority-serving institution’’ means
STITUTIONS, HISTORICALLY BLACK COLLEGES
the project contributes to carrying out the an eligible institution described in section
AND UNIVERSITIES, AND TRIBAL COLLEGES AND
regional innovation strategy of the regional 371(a) of the Higher Education Act of 1965 (20
UNIVERSITIES.—
technology hub. U.S.C. 1067q(a)).
(1) IN GENERAL.—The Secretary of Com-
‘‘(iv) The effectiveness of the regional (6) NATIONAL PROGRAM OFFICE.—The term
merce, in consultation with the Secretary of
technology hub in ensuring that, in the re- ‘‘National Program Office’’ means the Na-
Energy, the Secretary of Defense, and the
gion of the regional technology hub, growth tional Program Office established under sec-
heads of such other Federal agencies as the
in technology and innovation sectors pro- tion 34(h)(1) of the National Institute of Secretary of Commerce considers relevant,
duces broadly shared opportunity across the Standards and Technology Act (15 U.S.C. shall coordinate with existing and new Man-
region, including for economic disadvan- 278s(h)(1)). ufacturing USA institutes to integrate cov-
taged and underrepresented populations and (7) TRIBAL COLLEGE OR UNIVERSITY.—The ered entities as active members of the Manu-
rural areas. term ‘‘Tribal college or university’’ has the facturing USA institutes, including through
‘‘(v) Information regarding such other mat- meaning given the term in section 316(b)(3) the development of preferences in selection
ters as the Secretary may require. of the Higher Education Act of 1965 (20 U.S.C. criteria for proposals to create new Manufac-
‘‘(3) INTERIM REPORTS BY RECIPIENTS OF 1059c(b)(3)). turing USA institutes or renew existing
GRANTS AND COOPERATIVE AGREEMENTS.—In (b) AUTHORIZATION OF APPROPRIATIONS TO Manufacturing USA institutes that are led
addition to requiring submittal of final re- ENHANCE AND EXPAND MANUFACTURING USA by a covered entity.
ports under paragraph (2)(A), the Secretary PROGRAM AND SUPPORT INNOVATION AND (2) COVERED ENTITIES.—For purposes of this
may require a regional technology hub de- GROWTH IN DOMESTIC MANUFACTURING.— subsection, a covered entity is—
scribed in such paragraph to submit to the There is authorized to be appropriated (A) a minority-serving institution;
Secretary such interim reports as the Sec- $1,200,000,000 for the period of fiscal years (B) an historically Black college or univer-
retary considers appropriate. 2022 through 2026 for the Secretary of Com- sity;
‘‘(4) ANNUAL REPORTS TO CONGRESS.—Not merce, acting through the Director of the (C) a Tribal college or university; or
less frequently than once each year, the Sec- National Institute of Standards and Tech- (D) a minority business enterprise (as de-
retary shall submit to the appropriate com- nology and in consultation with the Sec- fined in section 1400.2 of title 15, Code of Fed-
mittees of Congress an annual report on the retary of Energy, the Secretary of Defense, eral Regulations, or successor regulation).
results of the assessments conducted by the and the heads of such other Federal agencies (g) DEPARTMENT OF COMMERCE POLICIES TO
Secretary under paragraph (1)(C) during the as the Secretary of Commerce considers rel- PROMOTE DOMESTIC PRODUCTION OF TECH-
period covered by the report. evant— NOLOGIES DEVELOPED UNDER MANUFACTURING
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— (1) to carry out the Manufacturing USA USA PROGRAM.—
There is authorized to be appropriated to the Program, including by awarding financial as- (1) POLICIES.—
Secretary, for the period of fiscal years 2022 sistance under section 34(e) of the National (A) IN GENERAL.—Each agency head (as de-
through 2026— Institute of Standards and Technology Act fined in section 34(a) of the National Insti-
‘‘(1) $9,425,000,000 to award grants and coop- (15 U.S.C. 278s(e)) for Manufacturing USA in- tute of Standards and Technology Act (15
erative agreements under subsection (f); and stitutes that were in effect on the day before U.S.C. 278s(a))) and the Secretary of Defense
‘‘(2) $575,000,000 to award grants and coop- the date of the enactment of this division; shall, in consultation with the Secretary of
erative agreements under subsection (e).’’. and Commerce, establish policies to promote the
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(b) INITIAL DESIGNATIONS AND AWARDS.— (2) to expand such program to support in- domestic production of technologies devel-
(1) COMPETITION REQUIRED.—Not later than novation and growth in domestic manufac- oped by the Manufacturing USA Network.
180 days after the date of the enactment of turing. (B) ELEMENTS.—The policies developed
this division, the Secretary of Commerce (c) DIVERSITY PREFERENCES.—Section 34(e) under subparagraph (A) shall include the fol-
shall commence a competition under sub- of the National Institute of Standards and lowing:
section (d)(1) of section 28 of the Stevenson- Technology Act (15 U.S.C. 278s(e)) is amended (i) Measures to partner domestic devel-
Wydler Technology Innovation Act of 1980 by adding at the end the following: opers of goods, services, or technologies by
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S2614 CONGRESSIONAL RECORD — SENATE May 18, 2021
Manufacturing USA Network activities with Committee on Science, Space, and Tech- ‘‘(i) national laboratories (as defined in
domestic manufacturers and sources of fi- nology of the House of Representatives. section 2 of the Energy Policy Act of 2005 (42
nancing. (i) REQUIREMENT FOR NATIONAL PROGRAM U.S.C. 15801));
(ii) Measures to develop and provide incen- OFFICE TO DEVELOP STRATEGIES FOR RETAIN- ‘‘(ii) Federal laboratories;
tives to promote transfer of intellectual ING DOMESTIC PUBLIC BENEFIT AFTER CEASE ‘‘(iii) Manufacturing USA institutes (as de-
property and goods, services, or technologies OF FEDERAL FUNDING.—Section 34(h)(2)(C) of scribed in section 2402 of the Endless Fron-
developed by Manufacturing USA Network the National Institute of Standards and tiers Act); and
activities to domestic manufacturers. Technology Act (15 U.S.C. 278s(h)(2)(C)) is ‘‘(iv) institutions of higher education.
(iii) Measures to assist with supplier scout- amended by inserting ‘‘, including a strategy ‘‘(4) To build capabilities across the Hol-
ing and other supply chain development, in- for retaining domestic public benefits from lings Manufacturing Extension Partnership
cluding the use of the Hollings Manufac- Manufacturing USA institutes once Federal for domestic supply chain resiliency and op-
turing Extension Partnership to carry out funding has been discontinued’’ after ‘‘Pro- timization, including—
such measures. gram’’. ‘‘(A) assessment of domestic manufac-
(j) MODIFICATION OF FUNCTIONS OF NA-
(iv) A process to review and approve or turing capabilities, expanded capacity for re-
TIONAL PROGRAM OFFICE TO INCLUDE DEVEL-
deny membership in a Manufacturing USA searching and deploying information on sup-
OPMENT OF INDUSTRY CREDENTIALS.—Section
institute by foreign-owned companies, espe- ply chain risk, hidden costs of reliance on
34(h)(2)(J) of the National Institute of Stand-
cially from countries of concern, including offshore suppliers, and other relevant topics;
ards and Technology Act (15 U.S.C.
the People’s Republic of China. 278s(h)(2)(J)) is amended by inserting ‘‘, in- and
(v) Measures to prioritize Federal procure- cluding the development of industry creden- ‘‘(B) expanded services to provide industry-
ment of goods, services, or technologies de- tials’’ after ‘‘activities’’. wide support that assists United States man-
veloped by the Manufacturing USA Network SEC. 2403.
ESTABLISHMENT OF EXPANSION
ufacturers with reshoring manufacturing to
activities from domestic sources, as appro- AWARDS PROGRAM IN HOLLINGS strengthen the resiliency of domestic supply
priate. MANUFACTURING EXTENSION PART- chains, including in critical technology
(C) PROCESSES FOR WAIVERS.—The policies NERSHIP AND AUTHORIZATION OF areas and foundational manufacturing capa-
established under this paragraph shall in- APPROPRIATIONS FOR THE PART- bilities that are key to domestic manufac-
clude processes to permit waivers, on a case NERSHIP. turing competitiveness and resiliency, in-
by case basis, for policies that promote do- (a) ESTABLISHMENT OF EXPANSION AWARDS cluding forming, casting, machining, joining,
mestic production based on cost, avail- PROGRAM.—The National Institute of Stand- surface treatment, tooling, and metal or
ability, severity of technical and mission re- ards and Technology Act (15 U.S.C. 271 et chemical refining.
quirements, emergency requirements, oper- seq.) is amended by inserting after section ‘‘(e) REIMBURSEMENT.—The Director may
ational needs, other legal or international 25A (15 U.S.C. 278k–1) the following: reimburse Centers for costs incurred by the
treaty obligations, or other factors deemed ‘‘SEC. 25B. EXPANSION AWARDS PROGRAM. Centers under this section.
important to the success of the Manufac- ‘‘(a) DEFINITIONS.—The terms used in this ‘‘(f) PROGRAM CONTRIBUTION.—Recipients of
turing USA Program. section have the meanings given the terms awards under this section shall not be re-
(2) PROHIBITION.— in section 25. quired to provide a matching contribution.’’.
(A) COMPANY DEFINED.—In this paragraph, ‘‘(b) ESTABLISHMENT.—The Director shall
(b) AUTHORIZATION OF APPROPRIATIONS.—
the term ‘‘company’’ has the meaning given establish, subject to the availability of ap-
(1) IN GENERAL.—There is authorized to be
such term in section 847(a) of the National propriations, within the Hollings Manufac-
appropriated to carry out the Hollings Manu-
turing Extension Partnership under sections
Defense Authorization Act for Fiscal Year facturing Extension Partnership program
25 and 26 a program of expansion awards
2020 (Public Law 116–92; 10 U.S.C. 2509 note). under sections 25, 25A, and 26 of the National
among participants described in subsection
(B) IN GENERAL.—A company of the Peo- Institute of Standards and Technology Act
(c) of this section for the purposes described
ple’s Republic of China may not participate (15 U.S.C. 278k, 278k-1, and 278l), and section
in subsection (d) of this section.
in the Manufacturing USA Program or the ‘‘(c) PARTICIPANTS.—Participants receiving 25B of such Act, as added by subsection (a),
Manufacturing USA Network without a awards under this section shall be Centers, $480,000,000 for each of fiscal years 2022
waiver, as described in paragraph (1)(C). or a consortium of Centers. through fiscal year 2026.
(h) COORDINATION OF MANUFACTURING USA ‘‘(d) PURPOSE OF AWARDS.—An award under (2) BASE FUNDING.—Of the amounts appro-
INSTITUTES.— this section shall be made for one or more of priated pursuant to the authorization in
(1) IN GENERAL.—Section 34(h) of the Na- the following purposes: paragraph (1), $216,000,000 shall be available
tional Institute of Standards and Technology ‘‘(1) To provide worker education, training, in each fiscal year to carry out the Hollings
Act (15 U.S.C. 278s(h)) is amended by adding development, and entrepreneurship training Manufacturing Extension Partnership under
at the end the following: and to connect individuals or business with sections 25 and 25A of such Act (15 U.S.C.
‘‘(7) COUNCIL FOR COORDINATION OF INSTI- such services offered in their community, 278k and 278k-1), of which $40,000,000 shall not
TUTES.— which may include employee ownership and be subject to cost share requirements under
‘‘(A) COUNCIL.—The National Program Of- workforce training, connecting manufactur- subsection (e)(2) of such section: Provided,
fice shall establish or designate a council of ers with career and technical education enti- That the authority made available pursuant
heads of any Manufacturing USA institute ties, institutions of higher education (includ- to this section shall be elective for any Man-
receiving Federal funding at any given time ing community colleges), workforce develop- ufacturing Extension Partnership Center
to foster collaboration between Manufac- ment boards, State government programs for that also receives funding from a State that
turing USA institutes. advanced manufacturing, entities (such as is conditioned upon the application of a Fed-
‘‘(B) MEETINGS.—The council established or public-private partnerships) or a collection eral cost sharing requirement.
designated under subparagraph (A) shall of entities and individuals carrying out an (3) EXPANSION AWARD PROGRAM.—Of the
meet not less frequently than twice each advanced manufacturing forum that would amounts appropriated pursuant to the au-
year. serve educationally underrepresented indi- thorization in paragraph (1), $264,000,000 shall
‘‘(C) DUTIES OF THE COUNCIL.—The council viduals (such as underrepresented racial and be available each fiscal year to carry out
established under subparagraph (A) shall as- ethnic minorities), labor organizations, and section 25B of such Act, as added by sub-
sist the National Program Office in carrying nonprofit job training providers to develop section (a).
out the functions of the National Program and support training and job placement serv- SEC. 2404. NATIONAL MANUFACTURING ADVI-
Office under paragraph (2).’’. ices, apprenticeship and online learning plat- SORY COUNCIL.
(2) REPORT REQUIRED.—Not later than 180 forms, for new and incumbent workers, pro- (a) DEFINITIONS.—In this section:
days after the date on which the council is gramming to prevent job losses when adopt- (1) ADVISORY COUNCIL.—The term ‘‘Advi-
established under section 34(h)(7)(A) of the ing new technologies and processes, and de- sory Council’’ means the National Manufac-
National Institute of Standards and Tech- velopment of employee ownership practices. turing Advisory Council established under
nology Act, as added by paragraph (1), the ‘‘(2) To mitigate vulnerabilities to subsection (b)(1).
council shall submit to the National Pro- cyberattacks, including helping to offset the (2) APPROPRIATE COMMITTEES OF CON-
gram Office a report containing rec- cost of cybersecurity projects for small man- GRESS.—The term ‘‘appropriate committees
ommendations for improving inter-network ufacturers. of Congress’’ means—
collaboration. ‘‘(3) To expand advanced technology serv- (A) the Committee on Health, Education,
(3) SUBMITTAL TO CONGRESS.—Not later ices to small- and medium-sized manufactur- Labor, and Pensions, the Committee on Com-
than 30 days after the date on which the re- ers, which may include— merce, Science, and Transportation, the
port required by paragraph (2) is submitted ‘‘(A) developing technology demonstration Committee on Energy and Natural Re-
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to the National Program Office, the Director laboratories; sources, the Committee on Armed Services,
of the National Institute of Standards and ‘‘(B) services for the adoption of advanced and the Committee on Appropriations of the
Technology shall submit such report to the technologies, including smart manufacturing Senate; and
Committee on Commerce, Science, and technologies and practices; and (B) the Committee on Education and
Transportation, the Committee on Energy ‘‘(C) establishing partnerships, for the de- Labor, the Committee on Science, Space,
and Natural Resources, and the Committee velopment, demonstration, and deployment and Technology, the Committee on Energy
on Armed Services of the Senate and the of advanced technologies, with— and Commerce, the Committee on Armed
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2615
Services, and the Committee on Appropria- ing to investment in and support of the man- ring before the expiration of the term for
tions of the House of Representatives. ufacturing workforce relating to— which the member’s predecessor was ap-
(3) SECRETARY.—The term ‘‘Secretary’’ (A) worker participation, including pointed shall be appointed only for the re-
means the Secretary of Commerce. through labor organizations and through mainder of that term. A member may serve
(b) ESTABLISHMENT.— other methods determined by the Advisory after the expiration of that term until a suc-
(1) IN GENERAL.—The Secretary, in con- Council, in the planning for deployment of cessor has been appointed.
sultation with the Secretary of Labor, the new technologies across an industry and (f) TRANSFER OF FUNCTIONS.—
Secretary of Defense, the Secretary of En- within workplaces; (1) IN GENERAL.—All functions of the
ergy, and the Secretary of Education, shall (B) training and education priorities for United States Manufacturing Council of the
establish within the Department of Com- the Federal Government and for employers International Trade Administration of the
merce the National Manufacturing Advisory to assist workers in adapting the skills and Department of Commerce, including the per-
Council. experiences of those workers to fit the de- sonnel, assets, and obligations of the United
(2) PURPOSE.—The purpose of the Advisory mands of the 21st century economy; States Manufacturing Council of the Inter-
Council shall be to— (C) innovative suggestions from workers on national Trade Administration of the De-
(A) provide worker education, training, de- the development of new technologies and partment of Commerce, as in existence on
velopment, and entrepreneurship training; processes and, as appropriate, assessing the the day before the date of enactment of this
(B) connect individuals and business with impact of those technologies and processes division, shall be transferred to the Advisory
the services described in subparagraph (A) on the workforce and economy of the United Council.
that are offered in the community of the in- States; (2) DEEMING OF NAME.—Any reference in
dividuals or businesses; (D) management practices that lead to law, regulation, document, paper, or other
(C) coordinate services relating to em- worker employment, job quality, worker pro- record of the United States to the United
ployee engagement, including employee own- tection, worker participation and power in States Manufacturing Council of the Inter-
ership and workforce training; decision making, and investment in worker national Trade Administration of the De-
(D) connect manufacturers with career and career success; partment of Commerce shall be deemed a ref-
technical education entities, institutions of (E) policies and procedures to prioritize di- erence to the Advisory Council.
higher education, community colleges, work- versity and inclusion in the manufacturing (3) UNEXPENDED BALANCES.—Unexpended
force development boards, labor organiza- and technology workforce by expanding ac- balances of appropriations, authorization, al-
tions, and nonprofit job training providers to cess to job, career advancement, and man- locations, or other funds related to the
develop and support training and job place- agement opportunities for underrepresented United States Manufacturing Council of the
populations; and International Trade Administration of the
ment services and apprenticeship and online
(F) advice on how to improve access to de- Department of Commerce shall be available
learning platforms for new and incumbent
mand-driven education, training, and re- for use by the Advisory Council for the pur-
workers;
training for workers, including community pose for which the appropriations, authoriza-
(E) develop programming to prevent job
and technical colleges, higher education, ap- tions, allocations, or other funds were origi-
losses as entities adopt new technologies and
prenticeships and work-based learning oppor- nally made available.
processes; and
tunities; (g) REPORT.—Not later than 180 days after
(F) develop best practices for employee
(8) with respect to the manufacturing.gov the date on which the Advisory Council
ownership.
website, or any successor thereto, providing holds the initial meeting of the Advisory
(c) MISSION.—The mission of the Advisory input and improvements in order to— Council and annually thereafter, the Advi-
Council shall be to— (A) make that website more user-friendly sory Council shall submit to the appropriate
(1) ensure regular communication between to enhance the ability of that website to— committees of Congress a report containing
the Federal Government and the manufac- (i) provide information to manufacturers; a detailed statement of the advice and rec-
turing sector in the United States; and ommendations of the Advisory Council re-
(2) advise the Federal Government regard- (ii) receive feedback from manufacturers; quired under subsection (d)(7).
ing policies and programs of the Federal (B) assist that website in becoming the
Government that affect manufacturing in TITLE V—MISCELLANEOUS
principal place of interaction between manu-
the United States; SEC. 2501. STRATEGY AND REPORT ON ECO-
facturers in the United States and Federal NOMIC SECURITY, SCIENCE, RE-
(3) provide a forum for discussing and pro- programs relating to manufacturing; and SEARCH, AND INNOVATION TO SUP-
posing solutions to problems relating to the (C) enable that website to provide assist- PORT THE NATIONAL SECURITY
manufacturing industry in the United ance to manufacturers relating to— STRATEGY.
States; and (i) international trade and investment (a) NATIONAL SECURITY STRATEGY DE-
(4) ensure that the United States remains matters; FINED.—In this section, the term ‘‘national
the preeminent destination throughout the (ii) research and technology development security strategy’’ means the national secu-
world for investment in manufacturing. opportunities; rity strategy required by section 108 of the
(d) DUTIES.—The duties of the Advisory (iii) workforce development and training National Security Act of 1947 (50 U.S.C. 3043).
Council shall include— programs and opportunities; (b) STRATEGY AND REPORT.—
(1) meeting not less frequently than every (iv) small and medium manufacturer (1) IN GENERAL.—Not later than 90 days
180 days to provide independent advice and needs; and after the transmission of each national secu-
recommendations to the Secretary regarding (v) industrial commons and supply chain rity strategy under section 108(a) of the Na-
issues involving manufacturing in the United needs. tional Security Act of 1947 (50 U.S.C. 3043(a)),
States; (e) MEMBERSHIP.— the Director of the Office of Science and
(2) completing specific tasks requested by (1) IN GENERAL.—The Advisory Council Technology Policy shall, in coordination
the Secretary; shall— with the National Science and Technology
(3) conveying input from key industry, (A) consist of individuals appointed by the Council, the Director of the National Eco-
labor, academic, defense, governmental, and Secretary with a balance of backgrounds, ex- nomic Council, and the heads of such other
other stakeholders to aid in the development periences, and viewpoints; and relevant Federal agencies as the Director of
of a national strategic plan for manufac- (B) include an equal proportion of individ- the Office of Science and Technology Policy
turing in the United States; uals with manufacturing experience who rep- considers appropriate and in consultation
(4) monitoring the status of technological resent private industry, academia, and labor with such nongovernmental partners as the
developments, critical production capacity, organizations. Director of the Office of Science and Tech-
skill availability, investment patterns, (2) PUBLIC PARTICIPATION.—The Secretary nology Policy considers appropriate—
emerging defense needs, and other key indi- shall, to the maximum extent practicable, (A) review such strategy, programs, and re-
cators of manufacturing competitiveness to accept recommendations from the public re- sources as the Director of the Office of
provide foresight for periodic updates to the garding the appointment of individuals Science and Technology Policy determines
national strategic plan for manufacturing under paragraph (1). pertain to United States national competi-
developed under paragraph (3); (3) PERIOD OF APPOINTMENT; VACANCIES.— tiveness in science, research, innovation, and
(5) soliciting input from the public and pri- (A) IN GENERAL.—Each member of the Ad- technology transfer, including patenting and
vate sectors and academia relating to emerg- visory Council shall be appointed by the Sec- licensing, to support the national security
ing trends in manufacturing, the responsive- retary for a term of 3 years. strategy;
ness of Federal programming with respect to (B) RENEWAL.—The Secretary may renew (B) develop or revise a national strategy to
manufacturing, and suggestions for areas of an appointment made under subparagraph improve the national competitiveness of the
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increased Federal attention with respect to (A) not more than 2 additional terms United States in science, research, and inno-
manufacturing; (C) STAGGER TERMS.—The Secretary may vation to support the national security
(6) monitoring global manufacturing stagger the terms of the members of the Ad- strategy; and
trends and global threats to manufacturing visory Council to ensure that the terms of (C) submit to Congress—
sectors in the United States; the members expire during different years. (i) a report on the findings of the Director
(7) providing advice and recommendations (D) VACANCIES.—Any member appointed to with respect to the review conducted under
to the Federal Government on matters relat- fill a vacancy on the Advisory Council occur- subparagraph (A); and
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S2616 CONGRESSIONAL RECORD — SENATE May 18, 2021
(ii) the strategy developed or revised under (AA) known to be owned or controlled by (BB) organized under, or otherwise subject
subparagraph (B). any governmental organization of the Peo- to, the laws of the People’s Republic of
(2) TERMINATION.—The requirement of ple’s Republic of China; or China.
paragraph (1) shall terminate on the date (BB) organized under, or otherwise subject (xii) An identification of additional re-
that is 5 years after the date of the enact- to, the laws of the People’s Republic of sources, administrative action, or legislative
ment of this Act. China. action recommended to assist with the im-
(c) ELEMENTS.— (2) STRATEGY.—Each strategy submitted plementation of such strategy.
(1) REPORT.—Each report submitted under under subsection (b)(1)(C)(ii) shall include (d) RESEARCH AND DEVELOPMENT FUND-
subsection (b)(1)(C)(i) shall include the fol- the following: ING.—The Director of the Office of Science
lowing: (A) A plan to utilize available tools to ad- and Technology Policy shall, as the Director
(A) An assessment of public and private in- dress or minimize the leading threats and considers necessary, consult with the Direc-
vestment in civilian and military science challenges and to take advantage of the lead- tor of the Office of Management and Budget
and technology and its implications for the and with the heads of such other elements of
ing opportunities, particularly in regards to
geostrategic position of the United States. the Executive Office of the President as the
key technology focus areas central to inter-
(B) A description of the prioritized eco- Director of the Office of Science and Tech-
national competition, including the fol-
nomic security interests and objectives, in- nology Policy considers appropriate to en-
lowing: sure that the recommendations and prior-
cluding domestic job creation, of the United
(i) Specific objectives, tasks, metrics, and ities with respect to research and develop-
States relating to science, research, and in-
milestones for each relevant Federal agency. ment funding as expressed in the most recent
novation and an assessment of how invest-
(ii) Strategic objectives and priorities nec- report and strategy submitted under sub-
ment in civilian and military science and
technology can advance those objectives. essary to maintain the leadership of the section (b)(1)(C) are incorporated into the de-
(C) An assessment of global trends in United States in science and technology, in- velopment of annual budget requests for Fed-
science and technology, including potential cluding near-term, medium-term, and long- eral research agencies.
threats to the leadership of the United term research priorities. (e) PUBLICATION.—The Director of the Of-
States in science and technology. (iii) Specific plans to safeguard research fice of Science and Technology Policy shall,
(D) An assessment of the national debt and and technology funded, as appropriate, in consistent with the protection of national
its implications for the economic and na- whole or in part, by the Federal Govern- security and other sensitive matters and
tional security of the United States. ment, including in the key technology focus otherwise to the maximum extent prac-
(E) An assessment of how regional efforts areas, from theft or exfiltration by foreign ticable, make each report submitted under
are contributing and could contribute to the entities of concern. subsection (b)(1)(C)(i) publicly available on
innovation capacity of the United States, in- (iv) Specific plans to support public and an internet website of the Office of Science
cluding programs run by State and local gov- private sector investment in research, tech- and Technology Policy. The report may in-
ernments. nology development, education and work- clude a classified annex if the working group
(F) An assessment of— force development, and domestic manufac- determines appropriate.
(i) workforce needs for competitiveness in turing supportive of the national economic SEC. 2502. PERSON OR ENTITY OF CONCERN PRO-
competitiveness of the United States and to HIBITION.
key technology focus areas; and
foster the use of public-private partnerships. No person published on the list under sec-
(ii) any efforts needed—
(v) Specific plans to promote sustain- tion 1237(b) of the Strom Thurmond National
(I) to expand pathways into key tech-
ability practices and strategies for increas- Defense Authorization Act for Fiscal Year
nology focus areas; and
ing jobs in the United States. 1999 (Public Law 105–261; 50 U.S.C. 1701 note)
(II) to improve workforce development and
(vi) A description of— or entity identified under section 1260H of
employment systems, as well as programs
(I) how the strategy submitted under sub- the William M. (Mac) Thornberry National
and practices to upskill incumbent workers.
section (b)(1)(C)(ii) supports the national se- Defense Authorization Act for Fiscal Year
(G) An assessment of barriers to competi-
curity strategy; and 2021 (Public Law 116–283) may receive or par-
tiveness and barriers to the development and ticipate in any grant, award, program, sup-
evolution of start-ups, small and mid-sized (II) how the strategy submitted under such
port, or other activity under—
business entities, and industries. subsection is integrated and coordinated
(1) the Directorate established in section
(H) An assessment of the effectiveness of with the most recent national defense strat-
2102;
the Federal Government, federally funded re- egy under section 113(g) of title 10, United
(2) the supply chain resiliency program
search and development centers, and na- States Code.
under section 2505;
tional labs in supporting and promoting (vii) A plan to encourage the governments
(3) section 28(b)(1) of the Stevenson-Wydler
technology commercialization and tech- of countries that are allies or partners of the
Technology Innovation Act of 1980 (15 U.S.C.
nology transfer, including an assessment of United States to cooperate with the execu-
3701 et seq.), as added by section 2401(a); or
the adequacy of Federal research and devel- tion of the strategy submitted under sub-
(4) the Manufacturing USA Program, as
opment funding in creating new domestic section (b)(1)(C)(ii), where appropriate.
improved and expanded under section 2402.
manufacturing growth and job creation (viii) A plan for how the United States
SEC. 2503. STUDY ON EMERGING SCIENCE AND
across sectors and promoting competitive- should develop local and regional capacity TECHNOLOGY CHALLENGES FACED
ness and the development of new tech- for building innovation ecosystems across BY THE UNITED STATES AND REC-
nologies. the Nation by providing Federal support. OMMENDATIONS TO ADDRESS THEM.
(I) An assessment of manufacturing capac- (ix) A plan for strengthening the industrial (a) SHORT TITLE.—This section may be
ity, logistics, and supply chain dynamics of base of the United States. cited as the ‘‘National Strategy to Ensure
major export sectors, including access to a (x) A plan to remove or update overly bur- American Leadership Act of 2021’’ or the
skilled workforce, physical infrastructure, densome or outdated Federal regulations as ‘‘National SEAL Act of 2021’’.
and broadband network infrastructure. appropriate. (b) STUDY.—
(J) An assessment of how the Federal Gov- (xi) A plan— (1) IN GENERAL.—The Secretary of Com-
ernment is increasing the participation of (I) to further incentivize industry partici- merce shall seek to enter into an agreement
underrepresented populations in science, re- pation in public-private partnerships for the with the National Academies of Sciences,
search, innovation, and manufacturing. purposes of accelerating technology research Engineering, and Medicine to conduct a
(K) An assessment of public-private part- and commercialization, including alternate study—
nerships in technology commercialization, ways of accounting for in-kind contributions (A) to identify the 10 most critical emerg-
including— and value of partially manufactured prod- ing science and technology challenges facing
(i) the structure of current technology re- ucts; the United States; and
search and commercialization arrangements (II) to ensure that intellectual property de- (B) to develop recommendations for legis-
with regard to public-private partnerships; veloped with Federal funding is commer- lative or administrative action to ensure
and cialized in the United States; and United States leadership in matters relating
(ii) the extent to which intellectual prop- (III) to ensure, to the maximum appro- to such challenges.
erty developed with Federal funding— priate extent, that intellectual property de- (2) ELEMENTS.—The study conducted under
(I) is being used to manufacture in the veloped with Federal funding is not being paragraph (1) shall include identification, re-
United States rather than in other countries; used by foreign business entities that are view, and evaluation of the following:
and majority owned or controlled (as defined in (A) Matters pertinent to identification of
(II) is being used by foreign business enti- section 800.208 of title 31, Code of Federal the challenges described in paragraph (1)(A).
ties that are majority owned or controlled Regulations, or a successor regulation), or (B) Matters relating to the recommenda-
ctelli on DSK11ZRN23PROD with SENATE
(as defined in section 800.208 of title 31, Code minority owned greater than 25 percent by— tions developed under paragraph (1)(B), in-
of Federal Regulations, or a successor regu- (aa) any governmental organization of the cluding with respect to education and work-
lation), or minority owned greater than 25 People’s Republic of China; or force development necessary to address each
percent by— (bb) any other entity that is— of the challenges identified under paragraph
(aa) any governmental organization of the (AA) known to be owned or controlled by (1)(A).
People’s Republic of China; or any governmental organization of the Peo- (C) Matters related to the review of key
(bb) any other entity that is— ple’s Republic of China; or technology focus areas by the Director of the
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2617
National Science Foundation under section ductor supply shortage and the impact of (B) the development of supply chain risk
2005. that shortage on manufacturing in the mitigation and recovery planning with re-
(D) An assessment of the current relative United States. spect to a supply chain shock, including any
balance in leadership in addressing the chal- SEC. 2505. SUPPLY CHAIN RESILIENCY PROGRAM. planned or past assessment, projection, or
lenges identified in paragraph (1)(A) between (a) DEFINITIONS.—In this section: estimate of a vulnerability within the supply
the United States, allies or key partners of (1) CRITICAL INDUSTRY.—The term ‘‘critical chain, including testing, supplier network
the United States, and the People’s Republic industry’’ means an industry identified assessments, production flexibility, risk
of China. under subsection (f)(1)(A)(i). evaluations thereto, risk management plan-
(3) TIMEFRAME.— (2) CRITICAL INFRASTRUCTURE.—The term ning, or risk audits; or
(A) AGREEMENT.—The Secretary of Com- ‘‘critical infrastructure’’ has the meaning (C) operational best practices, planning,
merce shall seek to enter into the agreement given the term in the Critical Infrastruc- and supplier partnerships that enable en-
required by paragraph (1) on or before the tures Protection Act of 2001 (42 U.S.C. 5195c). hanced supply chain resilience during a sup-
date that is 60 days after the date of enact- (3) LABOR ORGANIZATION.—The term ‘‘labor ply chain shock, including response, repair,
ment of this Act. organization’’ has the meaning given the recovery, reconstruction, insurance, or con-
(B) FINDINGS.—Under an agreement entered term in section 2101. tinuity.
into under paragraph (1), the National Acad- (b) ESTABLISHMENT.—The Secretary shall
(4) PROGRAM.—The term ‘‘program’’ means
emies of Sciences, Engineering, and Medicine establish in the Department of Commerce a
the supply chain resiliency and crisis re- supply chain resiliency and crisis response
shall, not later than 1 year after the date on sponse program established under subsection
which the Secretary of Commerce and the program to carry out the activities described
(b). in subsection (d).
National Academies enter into such agree- (5) RESILIENT SUPPLY CHAIN.—The term ‘‘re- (c) MISSION.—The mission of the program
ment, transmit to the Secretary of Com- silient supply chain’’ means a supply chain shall be to—
merce the findings of the National Acad- that— (1) help to promote the leadership of the
emies with respect to the study conducted (A) ensures that the United States can sus- United States with respect to critical indus-
pursuant to such agreement. tain critical industry production, supply tries that are essential to the mid-term and
(c) REPORT.— chains, services, and access to critical goods long-term national security of the United
(1) IN GENERAL.—Not later than 30 days and services during supply chain shocks, in- States; and
after the date on which the Secretary of cluding pandemic and biological threats, (2) encourage partnerships between the
Commerce receives the findings of the Na- cyberattacks, extreme weather events, ter- Federal Government and industry, labor or-
tional Academies of Sciences, Engineering, rorist and geopolitical attacks, great power ganizations, and State, local, territorial, and
and Medicine with respect to the study con- conflicts, and other threats to the national Tribal governments in order to—
ducted under subsection (b), the Secretary of security of the United States; and (A) promote resilient supply chains; and
Commerce shall submit to Congress a (B) has key components of resilience that (B) respond to critical industry supply
‘‘Strategy to Ensure American Leadership’’ include— chain shocks.
report on such study. (i) effective private sector risk manage- (d) ACTIVITIES.—Under the program, the
(2) CONTENTS.—The report submitted under ment and mitigation planning to sustain Secretary, acting through 1 or more bureaus
paragraph (1) shall include the following: critical supply chains and supplier networks or other divisions of the Department of Com-
(A) The findings of the National Academies during a supply chain shock; merce as appropriate, shall carry out activi-
of Sciences, Engineering, and Medicine with (ii) minimized or managed exposure to sup- ties—
respect to the study conducted under sub- ply chain shocks; and (1) in coordination with the private sector,
section (b). (iii) the financial and operational capacity to—
(B) The conclusions of the Secretary of to— (A) map and monitor critical industry sup-
Commerce with respect to such findings. (I) sustain critical industry supply chains ply chains; and
(C) The recommendations developed under during shocks; and (B) identify high priority supply chain gaps
subsection (b)(1)(B). (II) recover from supply chain shocks. and vulnerabilities in critical industries
(D) Such other recommendations for legis- (6) RELEVANT COMMITTEES OF CONGRESS.— that—
lative or administrative action as the Sec- The term ‘‘relevant committees of Congress’’ (i) exist as of the date of enactment of this
retary of Commerce may have with respect means— division; or
to such findings and conclusions. (A) the Committee on Commerce, Science, (ii) are anticipated in the future;
(3) CLASSIFIED ANNEX.—The report sub- and Transportation of the Senate; (2) in coordination with the private sector
mitted under paragraph (1) shall be sub- (B) the Committee on Appropriations of and State, local, territorial, and Tribal gov-
mitted in unclassified form, but may include the Senate; ernments, and as appropriate, in cooperation
a classified annex if the Secretary of Com- (C) the Committee on Finance of the Sen- with the governments of countries that are
merce determines appropriate. ate; allies or key international partners of the
(d) INFORMATION FROM FEDERAL AGEN-
(D) the Committee on Homeland Security United States, to—
CIES.—
and Governmental Affairs of the Senate; (A) identify opportunities to reduce supply
(1) IN GENERAL.—The National Academies
(E) the Committee on Armed Services of chain gaps and vulnerabilities in critical in-
of Sciences, Engineering, and Medicine may
the Senate; dustries;
secure directly from a Federal department or
(F) the Committee on Energy and Natural (B) encourage partnerships between the
agency such information as the National
Resources of the Senate; Federal Government and industry, labor or-
Academies of Sciences, Engineering, and
(G) the Select Committee on Intelligence ganizations, and State, local, territorial, and
Medicine consider necessary to carry out the
of the Senate; Tribal governments to better respond to sup-
study under subsection (b).
(H) the Committee on Science, Space, and ply chain shocks to critical industries and
(2) FURNISHING INFORMATION.—On request
Technology of the House of Representatives; coordinate response efforts;
of the National Academies of Sciences, Engi-
(I) the Committee on Energy and Com- (C) develop or identify opportunities to
neering, and Medicine for information, the
merce of the House of Representatives; build the capacity of the United States, or
head of the department or agency shall fur-
(J) the Committee on Appropriations of countries that are allies of the United
nish such information to the National Acad-
the House of Representatives; States, in critical industries; and
emies of Sciences, Engineering, and Medi-
(K) the Committee on Ways and Means of (D) develop contingency plans and coordi-
cine.
(e) CONSULTATION.—The Secretary of De- the House of Representatives; nation mechanisms to improve critical in-
fense and the Director of National Intel- (L) the Committee on Homeland Security dustry supply chain response to supply chain
ligence shall provide support upon request of the House of Representatives; shocks; and
from the Secretary of Commerce or the Na- (M) the Committee on Armed Services of (3) acting within existing authorities of the
tional Academies to carry out this section. the House of Representatives; and Department of Commerce and in coordina-
(f) NON-DUPLICATION OF EFFORT.—In car- (N) the Permanent Select Committee on tion with the Secretary of State and the
rying out subsection (b), the Secretary of Intelligence of the House of Representatives. United States Trade Representative, to—
Commerce shall, to the degree practicable, (7) SECRETARY.—The term ‘‘Secretary’’ (A) work with governments of countries
coordinate with the steering committee es- means the Secretary of Commerce. that are allies or partners of the United
tablished under section 236(a) of the William (8) SUPPLY CHAIN INFORMATION.—The term States to promote diversified and resilient
M. (Mac) Thornberry National Defense Au- ‘‘supply chain information’’ means informa- supply chains that ensure the supply of crit-
thorization Act for Fiscal Year 2021 (Public tion that is not customarily in the public do- ical goods to both the United States and
ctelli on DSK11ZRN23PROD with SENATE
Law 116–283). main and relating to— companies of countries that are allies of the
SEC. 2504. REPORT ON GLOBAL SEMICONDUCTOR (A) sustaining and adapting supply chains United States; and
SHORTAGE. during a supply chain shock, including pan- (B) coordinate with other divisions of the
Not later than 1 year after the date of en- demic and biological threats, cyberattacks, Department of Commerce and other Federal
actment of this division, the Comptroller extreme weather events, terrorist and geo- agencies to leverage existing authorities, as
General of the United States shall submit to political attacks, great power conflict, and of the date of enactment of this division, to
Congress a report on the global semicon- other threats to national security; encourage resilient supply chains.
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S2618 CONGRESSIONAL RECORD — SENATE May 18, 2021
(e) COORDINATION GROUP.—In carrying out of the United States, the allies of the United businesses in supply chains of the United
the activities under subsection (d), the Sec- States, and the partners of the United States States and countries that are allies or part-
retary may— that can sustain critical industries through ners of the United States to mitigate risks
(1) establish a unified coordination group, a supply chain shock; and and ensure diverse and competitive supplier
which may include private sector partners, (ii) any single points of failure in the sup- markets that are less vulnerable to single
as appropriate, to serve as the primary ply chains described in clause (i); points of failure; and
method for coordinating between and among (E) assesses the flexible manufacturing ca- (J) assessment of policies, rules, and regu-
Federal agencies to plan for supply chain pacity and capabilities available in the lations that impact domestic manufacturing
shocks; United States in the case of an emergency; operating costs and inhibit the ability for
(2) establish subgroups of the unified co- (F) makes specific recommendations to im- domestic manufacturing to compete with
ordination group established under para- prove the security and resiliency of manufac- global competitors.
graph (1) led by the head of an appropriate turing capacity and supply chains for crit- (2) PROHIBITION.—The report submitted
Federal agency; ical industries by— under paragraph (1) may not include—
(3) through the unified coordination group (i) developing long-term strategies; (A) supply chain information that is not
established under paragraph (1)— (ii) increasing visibility into the networks aggregated; or
(A) acquire on a voluntary basis technical, and capabilities of suppliers; (B) confidential business information of a
engineering, and operational supply chain in- (iii) identifying industry best practices; private sector entity.
formation from the private sector, in a man- (iv) evaluating how diverse supplier net- (g) SEMICONDUCTOR INCENTIVES.—
ner that ensures any supply chain informa- works, multi-platform and multi-region pro- (1) IN GENERAL.—The Secretary shall carry
tion provided by the private sector is kept duction capabilities and sources, and inte- out the program established under section
confidential and as required under section grated global and regional supply chains can 9902 of the William M. (Mac) Thornberry Na-
552 of title 5, United States Code (commonly enhance the resilience of— tional Defense Authorization Act for Fiscal
known as the ‘‘Freedom of Information (I) critical industries in the United States; Year 2021 (Public Law 116–283) as part of the
Act)’’; (II) jobs in the United States; program.
(B) study the supply chain information ac- (III) capabilities of the United States; and (2) TECHNICAL AND CONFORMING AMEND-
quired under subparagraph (A) to assess crit- (IV) the support access of the United MENT.—Section 9902(a)(1) of the William M.
ical industry supply chain resilience and in- States to needed goods and services during a (Mac) Thornberry National Defense Author-
form planning; supply chain shock; ization Act for Fiscal Year 2021 (Public Law
(C) convene with relevant private sector (v) identifying and mitigating risks, in- 116–283) is amended by striking ‘‘in the De-
entities to share best practices, planning, cluding— partment of Commerce’’ and inserting ‘‘as
and capabilities to response to potential sup- (I) the financial and operational risks of a part of the program established under sec-
ply chain shocks; and supply chain after a supply chain shock; tion 2505 of the Endless Frontier Act’’.
(D) develop contingency plans and coordi- (II) significant vulnerabilities to extreme
(h) REPORT TO CONGRESS.—Concurrent with
nation mechanisms to ensure an effective weather events, cyberattacks, pandemic and
the annual submission by the President of
and coordinated response to potential supply biological threats, terrorist and geopolitical
the budget under section 1105 of title 31,
chain shocks; and attacks, and other emergencies; and
(4) enter into agreements with govern- United States Code, the Secretary shall sub-
(III) exposure to gaps and vulnerabilities
ments of countries that are allies or partners mit to the relevant committees of Congress
in—
of the United States relating to enhancing (aa) domestic capacity or capabilities; and a report that contains a summary of every
critical industry supply chain security and (bb) sources of imports needed to sustain activity carried out under this section dur-
resilience in response to supply chain critical industries; ing the year covered by the report.
shocks. (vi) identifying enterprise resource plan- (i) COORDINATION.—
(f) REPORT ON SUPPLY CHAIN RESILIENCY ning systems that are— (1) IN GENERAL.—In implementing the pro-
AND DOMESTIC MANUFACTURING.— (I) compatible across supply chain tiers; gram, the Secretary shall, as appropriate co-
(1) IN GENERAL.—Not later than 1 year after and ordinate with—
the date of enactment of this division, and (II) affordable for small and medium-sized (A) the heads of Federal agencies, includ-
from time to time thereafter, the Secretary, businesses; ing—
in coordination with relevant Federal agen- (vii) understanding the total cost of owner- (i) the Secretary of State; and
cies and relevant private sector entities, ship, total value contribution, and other best (ii) the United States Trade Representa-
labor organizations, and State, local, terri- practices that encourage strategic partner- tive; and
torial, and Tribal governments, shall submit ships throughout supply chains; (B) the Attorney General and the Federal
to the relevant committees of Congress a re- (viii) understanding Federal procurement Trade Commission with respect to—
view that— opportunities to increase resiliency of supply (i) advice on the design and activities of
(A) identifies— chains for goods and services and fill gaps in the unified coordination group described in
(i) industries that are critical for the na- domestic purchasing; subsection (e)(1); and
tional security of the United States, consid- (ix) identifying policies that maximize job (ii) ensuring compliance with Federal anti-
ering the key technology focus areas under retention and creation in the United States, trust law.
this division and critical infrastructure; and including workforce development programs; (2) SPECIFIC COORDINATION.—In imple-
(ii) supplies that are critical to the crisis (x) identifying opportunities to work with menting the program, with respect to supply
preparedness of the United States; allies or key partners of the United States in chains involving specific sectors, the Sec-
(B) describes— building more resilient critical industry sup- retary shall, as appropriate, coordinate
(i) the manufacturing base and supply ply chains and mitigating risks; with—
chains for critical industries in the United (xi) identifying areas requiring further in- (A) the Secretary of Defense;
States as of the date of enactment of this di- vestment in research and development or (B) the Secretary of Homeland Security;
vision, including the manufacturing base and workforce education; and (C) the Secretary of the Treasury;
supply chains for— (xii) identifying such other services as the (D) the Secretary of Energy;
(I) raw materials; Secretary determines necessary; (E) the Secretary of Transportation;
(II) production equipment; and (G) provides guidance to the Department of (F) the Secretary of Agriculture;
(III) other goods, including semiconduc- Commerce, the National Science Founda- (G) the Director of National Intelligence;
tors, that are essential to the production of tion, and other relevant Federal agencies and
technologies and supplies for critical indus- with respect to technologies and supplies (H) the heads of other relevant agencies.
tries; and that should be prioritized; (j) RULE OF CONSTRUCTION.—Nothing in this
(ii) the ability of the United States to— (H) with respect to countries that are al- section shall be construed to require any pri-
(I) maintain readiness; and lies or key partners of the United States— vate entity—
(II) in response to a supply chain shock— (i) reviews and, if appropriate, provides (1) to share information with the Sec-
(aa) surge production in critical industries; recommendations for expanding the sourcing retary;
and of goods associated with critical industries (2) to request assistance from the Sec-
(bb) maintain access to critical goods and from those countries; and retary; or
services; (ii) recommends coordination with those (3) that requests assistance from the Sec-
(C) identifies defense, intelligence, home- countries on— retary to implement any measure or rec-
land, economic, domestic labor supply, nat- (I) sourcing critical raw materials, inputs, ommendation suggested by the Secretary.
ctelli on DSK11ZRN23PROD with SENATE
ural, geopolitical, or other contingencies and products; and (k) PROTECTIONS.—
that may disrupt, strain, compromise, or (II) sustaining production and availability (1) IN GENERAL.—
eliminate the supply chain for those critical of critical supplies during a supply chain (A) PROTECTIONS.—Subsections (a)(1), (b),
industries; shock; (c), and (d) of section 2224 of the Homeland
(D) assesses— (I) monitors and makes recommendations Security Act of 2002 (6 U.S.C. 673) shall apply
(i) the resiliency and capacity of the manu- for strengthening the financial and oper- to the voluntary submission of supply chain
facturing base, supply chains, and workforce ational health of small and medium-sized information by a private entity under this
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2619
section in the same manner as those provi- ‘‘(4) The term ‘critical manufacturing in- (2) by adding at the end the following:
sions apply to critical infrastructure infor- dustry’— ‘‘(d) SENSE OF CONGRESS.—It is the sense of
mation voluntarily submitted to a covered ‘‘(A) means an industry— Congress that, in carrying out subsection (a),
agency for an other informational purpose ‘‘(i) that is assigned a North American In- the Secretary should allocate funds in a
under that subsection if the voluntary sub- dustry Classification System code beginning manner that—
mission is accompanied by an express state- with 31, 32, or 33; and ‘‘(1) strengthens the security and resilience
ment described in paragraph (2) of this sub- ‘‘(ii) for which the industry components of the semiconductor supply chain, including
section; and that are assigned a North American Industry by mitigating gaps and vulnerabilities;
(B) REFERENCES.—For the purpose of this Classification System code beginning with ‘‘(2) provides a supply of secure semi-
subsection, with respect to section 2224 of the same 4 digits as the industry— conductors relevant for national security;
the Homeland Security Act of 2002 (6 U.S.C. ‘‘(I) manufacture primary products and ‘‘(3) strengthens the leadership of the
673)—— parts, the sum of which account for not less
United States in semiconductor technology;
(i) the express statement described in sub- than 5 percent of the manufacturing value
‘‘(4) grows the economy of the United
section (a)(1) of that section shall be deemed added by industry gross domestic product of
States and supports job creation in the
to refer to the express statement described the United States; and
United States; and
in paragraph (2) of this subsection; ‘‘(II) employ individuals for primary prod-
‘‘(5) improves the resiliency of the semi-
(ii) references in the subsections described ucts and parts manufacturing activities
conductor supply chains of critical manufac-
in subparagraph (A) to ‘‘this subtitle’’ shall that, combined, account for not less than 5
turing industries.
be deemed to refer to this section; percent of manufacturing employment in the
(iii) the reference to ‘‘protecting critical United States; and ‘‘(e) ADDITIONAL ASSISTANCE FOR MATURE
infrastructure or protected systems’’ in sub- ‘‘(B) may include any other manufacturing TECHNOLOGY NODES.—
section (a)(1)(E)(iii) of that section shall be industry designated by the Secretary based ‘‘(1) IN GENERAL.—The Secretary shall es-
deemed to refer to carrying out this section; on the relevance of the manufacturing indus- tablish within the program established under
and try to the national and economic security of subsection (a) an additional program that
(iv) the reference to ‘‘critical infrastruc- the United States, including the impacts of provides Federal financial assistance to cov-
ture information’’ in subsections (b) and (c) job losses.’’; ered entities to incentivize investment in fa-
of that section shall be deemed to refer to (3) by inserting after paragraph (8), as so cilities and equipment in the United States
supply chain information. redesignated, the following: for the fabrication, assembly, testing, or ad-
(2) EXPRESS STATEMENT.—The express ‘‘(9) The term ‘mature technology node’ vanced packaging of semiconductors at ma-
statement described in this paragraph, with has the meaning given the term by the Sec- ture technology nodes.
respect to information or records, is— retary.’’. ‘‘(2) ELIGIBILITY AND REQUIREMENTS.—In
(b) SEMICONDUCTOR PROGRAM.—Section 9902 order for an entity to qualify to receive Fed-
(A) in the case of written information or
of the William M. (Mac) Thornberry National eral financial assistance under this sub-
records, a written marking on the informa-
Defense Authorization Act for Fiscal Year section, the covered entity shall—
tion or records substantially similar to the
2021 (Public Law 116–283) is amended— ‘‘(A) submit an application under sub-
following: ‘‘This information is voluntarily (1) in subsection (a)(2)—
submitted to the Federal Government in ex- section (a)(2)(A);
(A) in subparagraph (B)(ii)— ‘‘(B) meet the eligibility requirements
pectation of protection from disclosure as (i) in subclause (III), by striking ‘‘and’’ at
provided by the provisions of section 2505 of under subsection (a)(2)(B);
the end; ‘‘(C)(i) provide equipment or materials for
the Endless Frontier Act.’’; or (ii) in subclause (IV), by striking the pe-
(B) in the case of oral information, a writ- the fabrication, assembly, testing, or ad-
riod at the end and inserting ‘‘and’’; and vanced packaging of semiconductors at ma-
ten statement similar to the statement de- (iii) by adding at the end the following:
scribed in subparagraph (A) submitted with- ture technology nodes in the United States;
‘‘(V) determined— or
in a reasonable period following the oral ‘‘(aa) the type of semiconductor tech-
communication. ‘‘(ii) fabricate, assemble using advanced
nology the covered entity will produce at the packaging, or test semiconductors at mature
(3) INAPPLICABILITY TO SEMICONDUCTOR IN- facility described in clause (i); and
CENTIVE PROGRAM.—This subsection shall not
technology nodes in the United States;
‘‘(bb) the customers to which the covered ‘‘(D) commit to using any Federal financial
apply to the voluntary submission of supply entity plans to sell the semiconductor tech-
chain information by a private entity in an assistance received under this section to in-
nology described in item (aa).’’; crease the production of semiconductors at
application for Federal financial assistance (B) in subparagraph (C)—
under section 9902 of the William M. (Mac) mature technology nodes; and
(i) in clause (i)— ‘‘(E) be subject to the considerations de-
Thornberry National Defense Authorization (I) in subclause (II), by striking ‘‘is in the
Act for Fiscal Year 2021 (Public Law 116–283). scribed in subsection (a)(2)(C).
interest of the United States’’ and inserting ‘‘(3) PROCEDURES.—In granting Federal fi-
(l) DETERMINATION RELATED TO OPTICAL ‘‘is in the economic and national security in-
TRANSMISSION EQUIPMENT.— nancial assistance to covered entities under
terests of the United States’’; and this subsection, the Secretary may use the
(1) PROCEEDING.—Not later than 45 days (II) in subclause (III), by striking ‘‘and’’ at
after the date of enactment of this division , procedures established under subsection (a).
the end; ‘‘(4) CONSIDERATIONS.—In addition to the
the Secretary of Commerce shall commence (ii) in clause (ii)(IV), by striking ‘‘and’’ at
a process to make a determination for pur- considerations described in subsection
the end; (a)(2)(C), in granting Federal financial assist-
poses of sect ion 2 of the Secure and Trusted (iii) by redesignating clause (iii) as clause
Communications Networks Act of 2019 (47 ance under this section, the Secretary may
(iv); and consider whether a covered entity produces
U.S.C. 1601) whether optical transmission (iv) by inserting after clause (ii) the fol-
equipment manufactured, produced, or dis- or supplies equipment or materials used in
lowing: the fabrication, assembly, testing, or ad-
tributed by an entity owned, controlled, or ‘‘(iii) the Secretary shall consider the type
supported by the People’s Republic of China vanced packaging of semiconductors at ma-
of semiconductor technology produced by ture technology nodes that are necessary to
poses an unacceptable risk to the national the covered entity and whether that semi-
security of the United States or the security support a critical manufacturing industry.
conductor technology advances the economic ‘‘(5) PRIORITY.—In awarding Federal finan-
and safety of United States persons. and national security interests of the United
(2) COMMUNICATION OF DETERMINATION.—If cial assistance to covered entities under this
States; and’’; subsection, the Secretary shall give priority
the Secretary determines pursuant to para- (C) by redesignating subparagraph (D) as
graph (1) that such optical transmission to covered entities that support the resil-
subparagraph (E); and iency of semiconductor supply chains for
equipment poses an unacceptable risk con- (D) by inserting after subparagraph (C) the
sistent with that paragraph, the Secretary critical manufacturing industries in the
following: United States.
shall immediately transmit that determina- ‘‘(D) PRIORITY.—In awarding Federal finan-
tion to the Federal Communications Com- ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—
cial assistance to covered entities under sub- There are authorized to be appropriated to
mission consistent with section 2 of the Se- section (a), the Secretary shall give priority
cure and Trusted Communications Networks the Secretary to carry out this subsection
to ensuring that a covered entity receiving $2,000,000,000, which shall remain available
Act of 2019 (47 U.S.C. 1601). financial assistance will— until expended.
SEC. 2506. SEMICONDUCTOR INCENTIVES. ‘‘(i) manufacture semiconductors nec-
(a) DEFINITIONS.—Section 9901 of the Wil- essary to address gaps and vulnerabilities in ‘‘(f) CONSTRUCTION PROJECTS.—Section 602
liam M. (Mac) Thornberry National Defense the domestic supply chain across a diverse of the Public Works and Economic Develop-
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Authorization Act for Fiscal Year 2021 (Pub- range of technology and process nodes; and ment Act of 1965 (42 U.S.C. 3212) shall apply
lic Law 116–283) is amended— ‘‘(ii) provide a secure supply of semi- to a construction project that receives finan-
(1) by redesignating paragraphs (4), (5), (6), conductors necessary for the national secu- cial assistance from the Secretary under this
(7), (8), and (9) as paragraphs (5), (6), (7), (8), rity, manufacturing, critical infrastructure, section.’’.
(10), and (11), respectively; and technology leadership of the United (c) ADVANCED MICROELECTRONICS RESEARCH
(2) by inserting after paragraph (3) the fol- States and other essential elements of the AND DEVELOPMENT.—Section 9906 of the Wil-
lowing: economy of the United States.’’; and liam M. (Mac) Thornberry National Defense
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S2620 CONGRESSIONAL RECORD — SENATE May 18, 2021
Authorization Act for Fiscal Year 2021 (Pub- or individual that was awarded before the ticipation in the public decision-making
lic Law 116–283) is amended by adding at the date of the enactment of this division, or to process.
end the following: expand the purposes of such an award, in (3) The innovative and manufacturing ca-
‘‘(h) INFRASTRUCTURE GRANTS.—Section 602 order to— pabilities of business in the United States,
of the Public Works and Economic Develop- (i) enable a postsecondary student or post- when properly fostered, applied, and sup-
ment Act of 1965 (42 U.S.C. 3212) shall apply doctoral researcher to complete work; ported, can effectively assist in improving
to a construction project that receives finan- (ii) enable research scientists, technical the quality of life for people in the United
cial assistance from the Secretary under this staff, research associates, and principal in- States, in anticipating and addressing
section.’’. vestigators to complete work; emerging international, national, and local
SEC. 2507. RESEARCH INVESTMENT TO SPARK (iii) extend the training of a postsecondary problems, and strengthening the inter-
THE ECONOMY ACT. student, or the employment of a post-doc- national economic engagement and pio-
(a) DEFINITIONS.—In this section: toral researcher, on an ongoing research neering leadership of the United States.
(1) AWARD.—The term ‘‘award’’ includes a project for up to 2 years because of the dis- (4) Just as Federal funding for science and
grant, cooperative agreement, or other fi- ruption of the job market; technology represents an investment in the
nancial assistance. (iv) create research opportunities for up to future, strategically addressing gaps in the
(2) COVID–19 PUBLIC HEALTH EMERGENCY.— 2 years for graduate students and post-doc- innovation pipeline of the United States
The term ‘‘COVID–19 public health emer- toral researchers; would—
gency’’ means the public health emergency (v) replace, refurbish, or otherwise make (A) contribute to converting research and
declared by the Secretary of Health and usable laboratory animals, reagents, equip- development investments into high-value,
Human Services under section 319 of the ment, or other items required for research; quality job-creating product production and
Public Health Service Act (42 U.S.C. 247d) on (vi) facilitate other research (including capture domestic and global markets; and
January 31, 2020, with respect to the field work), training, and ongoing construc- (B) strengthen the economic posture of the
Coronavirus Disease 2019 (COVID–19). tion activities, including at institutions that United States.
(3) RESEARCH INSTITUTION.—The term ‘‘re- are disproportionately affected by the (5) The capabilities of the United States at
search institution’’ means the following: COVID–19 public health emergency (such as both the Federal and State levels need en-
(A) An institution of higher education (as minority-serving institutions and 2-year in- hanced strategic planning and influence over
defined in section 101(a) of the Higher Edu- stitutions of higher education); policy formulation for industrial innovation
cation Act of 1965 (20 U.S.C. 1001(a))). (vii) enable experimental field campaigns and technology development, as well as a
(B) A Tribal College or University (as de- and maintenance of field infrastructure, in- means to ensure an adequate workforce.
fined in section 316 of the Higher Education cluding through replacement of disrupted ex- (b) SENSE OF CONGRESS.—
Act of 1965 (20 U.S.C. 1059c)). perimental data to enable completion of im- (1) PRIORITY GOALS.—It is the sense of Con-
(C) A nonprofit entity that conducts Feder- pacted research; and gress that manufacturing and industrial in-
ally funded research. (viii) support training in online course de- novation should include contributing to the
(4) RESEARCH LABORATORY.—The term ‘‘Re- livery and virtual research experiences that following priority goals:
search Laboratory’’ means the following: will improve quality and access needed to (A) Taking concrete national action to re-
(A) A National Laboratory (as defined in continue undergraduate, graduate, and post- build, restore, and expand domestic manu-
section 2 of the Energy Policy Act of 2005 (42 doctoral training; facturing capabilities, skills, and production
U.S.C. 15801)). (B) issue awards to research institutions, capacity, including world-class infrastruc-
(B) A Federally Funded Research and De- Research Laboratories, or other individuals ture.
velopment Center for purposes of section to conduct research on the effects of the (B) Rebuilding the industrial innovation
35.017 of title 48, Code of Federal Regula- Coronavirus Disease 2019 and future poten- commons, including common resources,
tions, or a successor regulation. tial pandemics, on the effects and effective- technical knowledge, and entrepreneurial op-
(b) AWARD AND MODIFICATION OF GRANTS, ness of responses to such diseases, and on im- portunities associated with technical con-
COOPERATIVE AGREEMENTS AND OTHER FINAN- proving the prediction of the possible courses cepts.
CIAL ASSISTANCE FOR INSTITUTIONS OF HIGHER of such pandemics; and (C) Supporting domestic supply chains.
EDUCATION, RESEARCH LABORATORIES, AND (C) provide flexibility on an award for (D) Expanding production capabilities, co-
OTHER RESEARCH INSTITUTIONS TO ADDRESS funds made available to an agency, by any operation, and knowledge.
MATTERS RELATING TO DISRUPTION CAUSED BY prior or subsequent Act, by modifying the (E) Revitalizing communities harmed by
COVID–19.— terms and conditions of the award with a re- historical and poorly conceived, imple-
(1) IN GENERAL.—Each officer specified in search institution, Research Laboratory, or mented, and enforced regulatory and trade
paragraph (2) may exercise the authorities individual due to facility closures or other policies.
described in paragraph (3). limitations during the COVID–19 public (F) Developing a strategy for innovation
(2) OFFICERS.—The officers specified in this health emergency. and establishment of manufacturing indus-
paragraph are as follows: (4) MODIFICATIONS.—The modifications au- tries of the future, including adoption and
(A) The Secretary of Commerce, acting thorized by paragraph (3)(C) include, but are production of Industry 4.0 technology to sup-
through the Administrator of the National not limited to— port domestic economic expansion, particu-
Oceanic and Atmospheric Administration (A) the provision of supplemental funding larly manufacturers with fewer than 800 em-
and the Director of the National Institute of to extend the duration of the award con- ployees, and in traditionally underserved
Standards and Technology. cerned; and communities.
(B) The Secretary of Agriculture. (B) flexibility on the allowable expenses (G) Contributing to national health and se-
(C) The Secretary of Defense. under such award. curity and emergency readiness and resil-
(D) The Secretary of Education. (c) PROCEDURES.—The officers specified in ience, including addressing environmental
(E) The Secretary of Energy, acting for the subsection (b)(2) shall each establish proce- concerns.
Department of Energy (with respect to En- dures to carry out subsection (b). (H) Strengthening the economy of the
ergy Efficiency and Renewable Energy, Nu- (d) EXPEDITED AWARDS.—Awards under sub- United States and promoting full employ-
clear Energy, and Fossil Research and Devel- section (b) shall be issued as expeditiously as ment in high-quality, high-wage jobs
opment) and through the Office of Science, possible. through useful industrial and technological
the Advanced Research Projects Agency–En- SEC. 2508. OFFICE OF MANUFACTURING AND IN- innovation.
ergy (ARPA–E), and the Office of Electricity. DUSTRIAL INNOVATION POLICY. (I) Cultivating, utilizing, and enhancing
(F) The Secretary of Interior, acting (a) FINDINGS.—Congress finds the fol- academic and industrial thought-leadership
through the Director of the United States lowing: with practical workforce development and
Geological Survey. (1) The general welfare, security, and eco- training to the fullest extent possible.
(G) The Secretary of Health and Human nomic health and stability of the United (J) Implementing a national strategy that
Services, acting through the Director of the States require a long-term, substantial, co- identifies and prioritizes high growth, high
National Institutes of Health. ordinated, and multidisciplinary strategy value-added industries, products, and compo-
(H) The Secretary of Transportation. and implementation of cohesive objectives to nents of national importance to the long-
(I) The Administrator of the National Aer- remain at the forefront of industrial innova- term economic, environmental, national se-
onautics and Space Administration. tion. curity, and public health of the United
(J) The Administrator of the Environ- (2) The large and complex innovative and States.
mental Protection Agency. technological capabilities of global supply (2) NATIONAL POLICY.—In view of the find-
(K) The Director of the National Science chains and manufacturing economies, which ings under subsection (a), it is the sense of
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Foundation. influence the course of national and inter- Congress that the Federal Government and
(3) AUTHORITIES.—The officers specified in national manufacturing and innovative rel- public and private institutions in the United
paragraph (2) may— evance, require appropriate attention, in- States should pursue a national policy of
(A) provide supplemental funding to extend cluding long-range inclusive planning and manufacturing and industrial innovation
the duration of an award disrupted because more immediate program development, to that includes the following principles:
of the COVID–19 public health emergency to encourage and support private manufac- (A) Ensuring global leadership in advanced
a research institution, Research Laboratory, turing growth in the United States and par- manufacturing technologies critical to the
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2621
long-term economic, environmental, and (iii) enhance manufacturing workforce pre- (III) securing appropriate funding for pro-
public health of the United States, and to paredness; grams so identified by the President or the
the long-term national security of the (iv) prioritize the development of means to Chief Manufacturing Officer;
United States. support diversity and inclusion throughout (IV) anticipating future concerns to which
(B) Restoring and strengthening the indus- the manufacturing and industrial sector; industrial and innovative manufacturing can
trial commons of the United States, includ- (v) promote the consideration of, and sup- contribute and devise industrial strategies
ing— port to, minority-owned and women-owned for such purposes;
(i) essential engineering and production manufacturing contractors of the Federal (V) reviewing systematically the manufac-
skills; Government; and turing and industrial innovation policy and
(ii) infrastructure for research and devel- (vi) support the ingenuity and entrepre- programs of the Federal Government and
opment, standardization, and metrology; neurship of the United States by providing recommending legislative amendments to
(iii) process innovations and manufac- enhanced attention to manufacturing those policies and programs when needed;
turing know-how; startups and small businesses in the United and
(iv) equipment; and States; (VI) reforming policies, rules, and regula-
(v) suppliers that provide the foundation (B) Federal trade and monetary policies tions that harm domestic manufacturing and
for the innovativeness and competitiveness should— inhibit domestic manufacturing from com-
of all manufacturers in the United States. (i) ensure that global competition in man- peting with global competitors; and
(C) Strengthening the technical, financial, ufacturing is free, open, and fair; (ii) the elements described in clause (i)
and educational commons and assets nec- should include a data collection, analysis,
(ii) prioritize policies and investments that
essary to ensure that the United States is and advisory mechanism within the Execu-
support domestic manufacturing growth and
the best positioned nation for the creation tive Office of the President to provide the
innovation; and
and production of advanced technologies and President with independent, expert judgment
(iii) not be utilized to offshore poor manu-
products emerging from national research and assessments of the complex manufac-
facturing working conditions or destructive
and development investments. turing and industrial features involved; and
manufacturing environmental practices;
(D) Capitalizing on the scientific and tech- (B) that it is the responsibility of the Fed-
(C) Federal policies and practices should
nological advances produced by researchers eral Government to—
and innovators in the United States by de- reasonably prioritize competitiveness for (i) promote prompt, effective, reliable, and
veloping capable and responsive institutions manufacturing and industrial innovation ef- systematic dissemination of manufacturing
focused on advancing the technology and forts in the United States, but should not and industrial information—
manufacturing readiness levels of those ad- sacrifice the quality of employment opportu- (I) by such methods as may be appropriate;
vances. nities, including the health and safety of and
(E) Supporting the discovery, invention, workers, pay, and benefits; (II) through efforts conducted by non-
start-up, ramp-up, scale-up, and transition of (D) Federal manufacturing and industrial governmental organizations, including in-
new products and manufacturing tech- innovation policies, practices, and priorities dustrial groups, technical societies, and edu-
nologies to full-scale production in the should reasonably improve environmental cational entities;
United States. sustainability within the manufacturing in- (ii) coordinate and develop a manufac-
(F) Addressing the evolving needs of manu- dustry, while minimizing economic impact; turing industrial strategy and facilitate the
facturers for a diverse set of workers with (E) Federal patent policies should be devel- close coupling of this manufacturing strat-
the necessary skills, training, and expertise oped, based on uniform principles, which egy with commercial manufacturing applica-
as manufacturers in the United States in- have as their objective to preserve incentives tion; and
crease high-quality, high-wage employment for industrial technological innovation and (iii) enhance domestic development and
opportunities. the application of procedures that will con- utilization of such industrial information by
(G) Improving and expanding manufac- tinue to assure the full use of beneficial prioritization of efforts with manufacturers,
turing engineering and technology offerings technology to serve the public; the production of which takes place in the
within institutions of higher education, in- (F) Federal efforts should promote and sup- United States.
cluding 4-year engineering technology pro- port a strong system of intellectual property (c) ESTABLISHMENT.—
grams at polytechnic institutes and sec- rights to include trade secrets, through both (1) IN GENERAL.—The President shall ap-
ondary schools, to be more closely aligned protection of intellectual property rights point, by and with the advice and consent of
with the needs of manufacturers in the and enforcement against intellectual prop- the Senate, a Chief Manufacturing Officer to
United States and the goal of strengthening erty theft, and broad engagement to limit serve within the Executive Office of the
the long-term competitiveness of such manu- foreign efforts to illegally or inappropriately President.
facturing. utilize compromised intellectual property; (2) OFFICE.—
(H) Working collaboratively with Federal (G) closer relationships should be encour- (A) IN GENERAL.—There is established in
agencies, State and local governments, Trib- aged among practitioners of scientific and the Executive Office of the President an Of-
al governments, regional authorities, insti- technological research and development and fice of Manufacturing and Industrial Innova-
tutions of higher education, economic devel- those who apply those foundations to domes- tion Policy (referred to in this section as the
opment organizations, and labor organiza- tic commercial manufacturing; ‘‘Office’’).
tions that primarily represent workers in (H) the full use of the contributions of (B) CMO.—The Chief Manufacturing Officer
manufacturing to leverage their knowledge, manufacturing and industrial innovation to shall—
resources, applied research, experimental de- support State and local government goals (i) head the Office; and
velopment, and programs to foster manufac- should be encouraged; (ii) serve as a source of manufacturing and
turing in the United States so as to antici- (I) formal recognition should be accorded industrial innovation analysis and judgment
pate and prepare for emergencies and global, to those persons, the manufacturing and in- for the President and the Director of the Na-
national, and regional supply chain disrup- dustrial innovation achievements of which tional Economic Council with respect to the
tions, including disruptions brought on and contributed significantly to the national major policies, plans, and programs of the
exacerbated by changing environmental and welfare; and Federal Government relating to manufac-
other circumstances. (J) departments, agencies, and instrumen- turing and industrial innovation.
(I) Recognizing that, as changing cir- talities of the Federal Government should (d) CHIEF MANUFACTURING OFFICER; ASSO-
cumstances require the periodic revision and establish procedures to ensure among them CIATE MANUFACTURING OFFICERS.—
adaptation of this section, Congress is re- the systematic interchange of data, efforts, (1) CHIEF MANUFACTURING OFFICER.—
sponsible for— and findings developed under their programs. (A) FUNCTIONS.—
(i) identifying and interpreting the changes (K) policies, rules, and regulations that (i) PRIMARY FUNCTION.—To the extent con-
in those circumstances as they occur; and negatively impact domestic manufacturing sistent with law, the Chief Manufacturing
(ii) affecting subsequent changes to this should be reformed. Officer shall report to the President, and
section, as appropriate. (4) IMPLEMENTATION.—To implement the such agencies within the Executive Office of
(J) Reforming rules, regulations, and pol- national policy described in paragraph (2), it the President and the Director of the Na-
icy, which negatively impact domestic man- is the sense of Congress— tional Economic Council, as may be appro-
ufacturing. (A) that— priate, on issues regarding and impacting
(3) PROCEDURES.—It is the sense of Con- (i) the Federal Government should main- manufacturing and industrial innovation ef-
gress that, in order to expedite and facilitate tain integrated policy planning elements in forts of the Federal Government, or of the
the implementation of the national policy the executive branch that assist agencies in private sector, that require attention at the
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described in paragraph (2)— such branch in— highest levels of the Federal Government.
(A) Federal procurement policy should— (I) identifying problems and objectives (ii) OTHER FUNCTIONS.—The Chief Manufac-
(i) prioritize and encourage domestic man- that could be addressed or enhanced by pub- turing Officer shall—
ufacturing and robust domestic supply lic policy; (I) advise the President on manufacturing
chains; (II) mobilizing industrial and innovative and industrial innovation considerations re-
(ii) support means of expanding domestic manufacturing resources for national secu- lating to areas of national concern, includ-
manufacturing job creation; rity and emergency response purposes; ing—
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S2622 CONGRESSIONAL RECORD — SENATE May 18, 2021
(aa) the economy of the United States; skill availability, investment patterns, (iv) the Deputy Assistant Secretary of De-
(bb) national security; emerging defense needs, and other key indi- fense for Manufacturing and Industrial Base
(cc) public health; cators of manufacturing competitiveness Policy;
(dd) the workforce of the United States; to— (v) the Assistant Secretary of Labor for
(ee) education; (i) provide foresight for periodic updates to Employment and Training;
(ff) foreign relations (including trade and the national strategic plan required under (vi) the Administrator of the Small Busi-
supply chain issues); subsection (f); and ness Administration; and
(gg) the environment; and (ii) guide investment decisions; (vii) the Assistant Secretary of Energy for
(hh) technological innovation in the (B) convene interagency and public-private Energy Efficiency and Renewable Energy.
United States; working groups to align Federal policies that (C) CHAIR.—The Chief Manufacturing Offi-
(II) convene stakeholders, including key drive implementation of the national stra- cer, or the representative of the Chief Manu-
industry stakeholders, academic stake- tegic plan required under subsection (f); facturing Officer, shall serve as Chair of the
holders, defense stakeholders, governmental (C) initiate and support translation re- Panel.
stakeholders, and stakeholders from non- search in engineering and manufacturing by (D) MEETINGS.—The Panel shall meet at
profit organizations and labor organizations entering into contracts or making other ar- the call of the Chair.
that primarily represent workers in manu- rangements (including grants, awards, coop- (E) COMPENSATION.—
facturing, to develop the national strategic erative agreements, loans, and other forms (i) IN GENERAL.—Each member of the Panel
plan required under subsection (f); of assistance) to study that research and to shall be entitled to receive compensation at
(III) evaluate the scale, quality, and effec- a rate not to exceed the daily rate prescribed
assess the impact of that research on the
tiveness of the effort of the Federal Govern- for GS–15 of the General Schedule under sec-
economic well-being, climate and environ-
ment to support manufacturing and indus- tion 5332 of title 5, United States Code, for
mental impact, public health, and national
trial innovation by the Federal Government each day (including travel time) during
security of the United States;
or by the private sector, and advise on appro- which the member is engaged in the perform-
(D) report to the President and the Direc-
priate actions; ance of the duties of the Panel.
tor of the National Economic Council on the
(IV) to the extent consistent with law, re- (ii) TRAVEL EXPENSES.—Each member of
extent to which the various programs, poli-
port to the President, the Director of the Na- the Panel who is serving away from the
tional Economic Council, the Director of the cies, and activities of the Federal Govern-
ment are likely to affect the achievement of home or regular place of business of the
Office of Management Budget, and such member in the performance of the duties of
agencies within the Executive Office of the priority goals of the United States described
in subsection (b)(1); the Panel shall be allowed travel expenses,
President as may be appropriate, advise the including per diem in lieu of subsistence, in
President on the budgets, regulations, and (E) annually survey the nature and needs
of the policies relating to national manufac- the same manner as the expenses authorized
regulatory reforms of agencies of the execu- by section 5703(b) of title 5, United States
tive branch of the Federal Government with turing and industrial innovation and make
recommendations to the President and the Code, for persons in government service em-
respect to issues concerning manufacturing ployed intermittently.
and industrial innovation; Director of the National Economic Council,
(V) to the extent consistent with law, as- for review and submission to Congress, for (f) NATIONAL STRATEGIC PLAN FOR MANU-
sist the President and the Director of the the timely and appropriate revision of the FACTURING AND INDUSTRIAL INNOVATION.—
National Economic Council in providing gen- manufacturing and industrial innovation (1) STRATEGIC PLAN.—
eral leadership and coordination of activities policies of the Federal Government, includ- (A) IN GENERAL.—Not later than 1 year
and policies of the Federal Government re- ing the reform of policies, rules, and regula- after the date of enactment of this division,
lating to and impacting manufacturing and tions that harm domestic manufacturing and the Chief Manufacturing Officer, in coordina-
industrial innovation; and inhibit the ability for domestic manufac- tion with the Director of the National Eco-
(VI) perform such other functions, duties, turing to compete with global competitors; nomic Council, shall, to the extent prac-
and activities as the President and the Di- (F) perform such other duties and func- ticable, in accordance with subsection
rector of the National Economic Council tions and make and furnish such studies and (d)(1)(A)(ii) and in consultation with other
may assign. reports thereon, and recommendations with agencies and private individuals as the Chief
(B) AUTHORITIES.—In carrying out the du- respect to matters of policy and legislation Manufacturing Officer determines necessary,
ties and functions under this section, the as the President and the Director of the Na- establish a national strategic plan for manu-
Chief Manufacturing Officer may— tional Economic Council may request; and facturing and industrial innovation that
(i) appoint such officers and employees as (G) coordinate, as appropriate, Federal per- identifies—
may be determined necessary to perform the mitting with respect to manufacturing and (i) short-term, medium-term, and long-
functions vested in the position and to pre- industrial innovation. term needs critical to the economy, national
scribe the duties of such officers and employ- (2) INTERGOVERNMENTAL MANUFACTURING security, public health, workforce readiness,
ees; AND INDUSTRIAL INNOVATION PANEL.— environmental concerns, and priorities of the
(ii) obtain services as authorized under sec- (A) ESTABLISHMENT.—The Chief Manufac- United States manufacturing sector, includ-
tion 3109 of title 5, United States Code, at turing Officer shall establish an Intergovern- ing emergency readiness and resilience; and
rates not to exceed the rate prescribed for mental Manufacturing and Industrial Inno- (ii) situations and conditions that warrant
grade GS–15 of the General Schedule under vation Panel (referred to in this section as special attention by the Federal Government
section 5332 of title 5, United States Code; the ‘‘Panel’’) within the Office, the purpose relating to—
and of which shall be to— (I) any problems, constraints, or opportu-
(iii) enter into contracts and other ar- (i) identify instances in which the policies nities of manufacturing and industrial inno-
rangements for studies, analysis, and other of the Federal Government— vation that—
services with public agencies and with pri- (I) with respect to manufacturing and in- (aa) are of national significance;
vate persons, organizations, or institutions, dustrial innovation can help address prob- (bb) will occur or may emerge during the 4-
and make such payments as determined nec- lems at the State and local levels; and year period beginning on the date on which
essary to carry out the provisions of this sec- (II) unnecessarily impede manufacturing the national strategic plan is established;
tion without legal consideration, without and industrial innovation; and
performance bonds, and without regard to (ii) make recommendations for addressing (cc) are identified through basic research;
section 6101 of title 41, United States Code. the problems described in clause (i); and (II) an evaluation of activities and accom-
(2) ASSOCIATE DIRECTORS.— (iii) advise and assist the Chief Manufac- plishments of all agencies in the executive
(A) IN GENERAL.—The Chief Manufacturing turing Officer in identifying and fostering branch of the Federal Government that are
Officer may appoint not more than 5 Asso- policies to facilitate the application to and related to carrying out such plan;
ciate Directors, to be known as Associate incorporation of federally funded research (III) opportunities for, and constraints on,
Manufacturing Officers to carry out such and development into manufacturing and in- manufacturing and industrial innovation
functions as may be prescribed by the Chief dustrial innovation in the United States, so that can make a significant contribution
Manufacturing Officer. as to maximize the application of such re- to—
(B) COMPENSATION.—Each Associate Manu- search. (aa) the resolution of problems identified
facturing Officer shall be compensated at a (B) COMPOSITION.—The Panel shall be com- under this paragraph; or
rate not to exceed that provided for level III posed of— (bb) the achievement of Federal program
of the Executive Schedule under section 5314 (i) the Chief Manufacturing Officer, or a objectives or priority goals, including those
title 5, United States Code. representative of the Chief Manufacturing described in subsection (b)(1); and
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(e) POLICY PLANNING, ANALYSIS, AND AD- Officer; (IV) recommendations for proposals to
VICE.— (ii) not fewer than 10 members rep- carry out such plan.
(1) IN GENERAL.—In carrying out the provi- resenting the interests of the States, ap- (B) REVISIONS.—Not later than 4 years
sions of this section, the Chief Manufac- pointed by the Chief Manufacturing Officer after the date on which the national stra-
turing Officer shall— after consultation with State officials; tegic plan is established under subparagraph
(A) monitor the status of technological de- (iii) the Director of the National Institute (A), and every 4 years thereafter, the Chief
velopments, critical production capacity, of Standards and Technology; Manufacturing Officer, in coordination with
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2623
the Director of the National Economic Coun- the heads of other agencies in the executive workforce, environmental, public health, and
cil, shall revise that plan so that the plan branch of the Federal Government; national security considerations;
takes account of near- and long-term prob- (II) utilize the services of consultants, es- (F) at the time of the submission of the re-
lems, constraints, and opportunities and tablish such advisory panels, and, to the ex- port, and as projected, the manufacturing
changing national goals and circumstances. tent practicable, consult with— and industrial resources, including special-
(2) CONSULTATION WITH OTHER AGENCIES.— (aa) State and local government agencies; ized manpower, that could contribute to the
The Chief Manufacturing Officer shall con- (bb) appropriate professional groups; resolution of the problems described in sub-
sult, as necessary, with officials of agencies (cc) representatives of industry, univer- paragraph (D); and
in the executive branch of the Federal Gov- sities, consumers, labor organizations that (G) recommendations for legislation and
ernment that administer programs or have primarily represent workers in manufac- regulatory changes on manufacturing and in-
responsibilities relating to the problems, turing; and dustrial innovation-related programs and
constraints, and opportunities identified in (dd) such other public interest groups, or- policies that will contribute to the resolu-
the national strategic plan under paragraph ganizations, and individuals as may be nec- tion of the problems described in subpara-
(1) in order to— essary; graph (D).
(A) identify and evaluate actions that (III) hold such hearings in various parts of (3) PREPARATION OF REPORT.—In preparing
might be taken by the Federal Government, the United States as necessary to determine each report required under paragraph (1), the
State, and local governments, or the private the views of the agencies, groups, and orga- Chief Manufacturing Officer shall make max-
sector to deal with such problems, con- nizations described in subparagraph (B), and imum use of relevant data available from
straints, or opportunities; and of the general public, concerning national agencies in the executive branch of the Fed-
(B) ensure to the extent possible that ac- needs and trends in manufacturing and in- eral Government.
tions identified under subparagraph (A) are dustrial innovation; and (4) PUBLIC AVAILABILITY OF REPORT.—The
considered by each agency of the executive (IV) utilize, with the heads of public and Chief Manufacturing Officer shall ensure
branch of the Federal Government in formu- private agencies and organizes, to the fullest that the report is made available to the pub-
lating proposals of each such agency. extent possible the services, personnel, lic.
(3) CONSULTATION WITH MANUFACTURING equipment, facilities, and information (in- (i) COMPTROLLER GENERAL REPORT.—Not
STAKEHOLDERS.—The Chief Manufacturing cluding statistical information) of public and later than 3 years after the date of enact-
Officer shall consult broadly with represent- private agencies and organizations, and indi-
ment of this division, the Comptroller Gen-
atives from stakeholder constituencies, in- viduals, in order to avoid the duplication of
eral of the United States shall submit to the
cluding from technology fields, engineering efforts and expenses; and
Committee on Commerce, Science, and
fields, manufacturing fields, academic fields, (ii) may transfer funds made available pur-
Transportation of the Senate, the Com-
worker training or credentialing programs, suant to this section to other agencies in the
mittee on Appropriations of the Senate, the
industrial sectors, business sectors, con- executive branch of the Federal Government
Committee on Science, Space, and Tech-
sumer sectors, defense sector, public interest as reimbursement for the utilization of such
nology of the House of Representatives, the
sectors, and labor organizations which pri- personnel, services, facilities, equipment,
Committee on Energy and Commerce of the
marily represent workers in manufacturing and information.
House of Representatives, and the Com-
to ensure information and perspectives from (B) FURNISHMENT OF INFORMATION.—Each
such consultations are incorporated within department, agency, and instrumentality of mittee on Appropriations of the House of
the problems, constraints, opportunities, and the executive branch of the Federal Govern- Representatives, and make available to the
actions identified in the national strategic ment, including any independent agency, public, a report—
plan under paragraph (1). shall furnish the Chief Manufacturing Officer (1) containing an assessment of the efforts
(4) CONSULTATION WITH OMB.—The Chief such information as necessary to carry out of the Office to implement or advance the
Manufacturing Officer shall consult as nec- this section. priority goals described in subsection (b)(1);
essary with officials of the Office of Manage- (h) MANUFACTURING AND INDUSTRIAL INNO- and
ment and Budget and other appropriate ele- VATION REPORT.— (2) providing recommendations on how to
ments of the Executive Office of the Presi- (1) REPORT.—Not later than 3 years after improve the efforts described in paragraph
dent to ensure that the problems, con- the date of enactment of this division, and (1).
straints, opportunities, and actions identi- every 4 years thereafter, the Chief Manufac- (j) FEDERAL STRATEGY AND COORDINATING
fied under paragraph (1) are fully considered turing Officer, in consultation with the Di- COUNCIL ON MANUFACTURING AND INDUSTRIAL
in the development of legislative proposals rector of the National Economic Council, INNOVATION.—There is established in the ex-
and the President’s budget. shall submit to Congress a Manufacturing ecutive branch of the Federal Government
(g) ADDITIONAL FUNCTIONS OF THE CHIEF and Industrial Innovation Report (referred to the Federal Strategy and Coordinating Coun-
MANUFACTURING OFFICER; ADMINISTRATIVE in this section as the ‘‘report’’) with appro- cil on Manufacturing and Industrial Innova-
PROVISIONS.— priate assistance from agencies in the execu- tion (referred to in this section as the
(1) IN GENERAL.—The Chief Manufacturing tive branch of the Federal Government and ‘‘Council’’).
Officer, in addition to the other duties and such consultants and contractors as the (1) MEMBERSHIP.—
functions under this section, shall serve— Chief Manufacturing Officer determines nec- (A) IN GENERAL.—The Council shall be com-
(A) on the Federal Strategy and Coordi- essary. posed of the following:
nating Council on Manufacturing and Indus- (2) CONTENTS OF REPORT.—Each report re- (i) The President, who shall serve as Chair
trial Innovation established under sub- quired under paragraph (1) shall draw upon of the Council.
section (j); and the most recent national strategic plan es- (ii) The Vice President.
(B) as a member of the Domestic Policy tablished under subsection (f) and shall in- (iii) The Secretary of Commerce.
Council, the National Economic Council, and clude, to the extent practicable and within (iv) The Secretary of Defense.
the Office of Science and Technology Policy the limitations of available knowledge and (v) The Secretary of Education.
Council. resources— (vi) The Secretary of Energy.
(2) ADVICE TO NATIONAL SECURITY COUN- (A) a review of developments of national (vii) The Secretary of Health and Human
CIL.—For the purpose of ensuring the opti- significance in manufacturing and industrial Services.
mal contribution of manufacturing and in- innovation; (viii) The Secretary of Housing and Urban
dustrial innovation to the national security (B) the significant effects of trends at the Development.
of the United States, the Chief Manufac- time of the submission of the report and pro- (ix) The Secretary of Labor.
turing Officer, at the request of the Presi- jected trends in manufacturing and indus- (x) The Secretary of State.
dent, shall advise the National Security trial innovation on the economy, workforce, (xi) The Secretary of Transportation.
Council in such matters concerning manu- and environmental, health and national se- (xii) The Secretary of the Treasury.
facturing and industrial innovation as may curity, and other requirements of the United (xiii) The Secretary of Veterans Affairs.
be related to national security. States; (xiv) The Administrator of the Environ-
(3) COORDINATION WITH OTHER ORGANIZA- (C) a review and appraisal of selected man- mental Protection Agency.
TIONS.— ufacturing and industrial innovation related (xv) The Administrator of the National
(A) IN GENERAL.—In exercising the func- programs, policies, and activities of the Fed- Aeronautics and Space Administration.
tions under this section, the Chief Manufac- eral Government, including procurement; (xvi) The Administrator of the Small Busi-
turing Officer— (D) an inventory and forecast of critical ness Administration.
(i) shall— and emerging national problems, the resolu- (xvii) The Director of the National Science
(I) work in close consultation and coopera- tion of which might be substantially assisted Foundation.
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tion with the Director of the Domestic Pol- by manufacturing and industrial innovation (xviii) The Director of the Office of Man-
icy Council, the National Security Advisor, in the United States; agement and Budget.
the Assistant to the President for Economic (E) the identification and assessment of (xix) The Assistant to the President for
Policy and Director of the National Eco- manufacturing and industrial innovation Science and Technology.
nomic Council, the Director of the Office of measures that can contribute to the resolu- (xx) The United States Trade Representa-
Science and Technology Policy, the Director tion of the problems described in subpara- tive.
of the Office of Management and Budget, and graph (D) in light of the related economic, (xxi) The National Security Advisor.
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S2624 CONGRESSIONAL RECORD — SENATE May 18, 2021
(xxii) The Assistant to the President for (1) COORDINATION WITH NATIONAL SCIENCE retary of Commerce for Communications and
Economic Policy. AND TECHNOLOGY COUNCIL.—In carrying out Information.
(xxiii) The Director of the Domestic Policy the duties of the Council, the Council shall (2) COVERED GRANT.—The term ‘‘covered
Council. consult with the National Science and Tech- grant’’ means a grant awarded under sub-
(xxiv) The Chair of the Council of Eco- nology Council, as necessary. section (c).
nomic Advisers. (2) AD COMMITTEES; TASKS FORCES, INTER- (3) ELIGIBLE ENTITY.—The term ‘‘eligible
(xxv) The Chief Manufacturing Officer. AGENCY GROUPS.—The Council may function entity’’ means a historically Black college
(B) ADDITIONAL PARTICIPANTS.—The Presi- through established or ad hoc committees, or university, Tribal College or University,
dent may, from time to time and as nec- task forces, or interagency groups. or minority-serving institution, or a consor-
essary, appoint officials in the executive (3) REQUIREMENT TO COOPERATE.—Each tium of such entities, that forms a partner-
branch of the Federal Government to serve agency in the executive branch of the Fed- ship with 1 or more of the following entities
as members of the Council. eral Government shall— to carry out a training program:
(2) MEETINGS OF THE COUNCIL.— (A) cooperate with the Council; and (A) A member of the telecommunications
(A) IN GENERAL.—The President or the (B) provide assistance, information, and industry, such as a company or industry as-
Chief Manufacturing Officer may convene advice to the Council, as the Council may re- sociation.
meetings of the Council. quest, to the extent permitted by law. (B) A labor or labor-management organiza-
(B) PRESIDING OFFICER.— (4) ASSISTANCE TO COUNCIL.—For the pur- tion with experience working in the tele-
(i) IN GENERAL.—Subject to clause (ii), the pose of carrying out the provisions of this communications industry or a similar indus-
President shall preside over the meetings of section, the head of each agency that is a try.
the Council. member of the Council shall furnish nec- (C) The Telecommunications Industry Reg-
(ii) EXCEPTION.—If the President is not essary assistance and resources to the Coun- istered Apprenticeship Program.
present at a meeting of the Council, the Vice cil, which may include— (D) A nonprofit organization dedicated to
President (and if the Vice President is not (A) detailing employees of the agency to helping individuals gain employment in the
present at a meeting of the Council, the the Council to perform such functions, con- telecommunications industry.
Chief Manufacturing Officer) shall preside sistent with the purposes of this section, as (E) A community or technical college with
and be considered the chair of the Council. the Chair of the Council may assign to those experience in providing workforce develop-
(k) COUNCIL ON MANUFACTURING AND INDUS- detailees; ment for individuals seeking employment in
TRIAL INNOVATION FUNCTIONS.— (B) providing office support and printing, the telecommunications industry or a simi-
(1) IN GENERAL.—The Council shall— as requested by the Chair of the Council; and lar industry.
(C) upon the request of the Chair of the (F) A Federal agency laboratory special-
(A) consider problems and developments,
Council, undertake special studies for the izing in telecommunications technology.
including concerns relating to the workforce
Council that come within the functions of (4) FUND.—The term ‘‘Fund’’ means the
of the United States, in manufacturing and
the Council described in subsection (k). Telecommunications Workforce Training
industrial innovation and related activities
Grant Program Fund established under sub-
of more than 1 agency in the executive (n) NATIONAL MEDAL OF MANUFACTURING
section (d)(1).
branch of the Federal Government; AND INDUSTRIAL INNOVATION.—
(5) GRANT PROGRAM.—The term ‘‘Grant
(B) coordinate the manufacturing and in- (1) RECOMMENDATIONS.—The President
Program’’ means the Telecommunications
dustrial innovation policy-making process; shall from time to time award a medal, to be
Workforce Training Grant Program estab-
(C) harmonize the Federal permitting proc- known as the ‘‘National Medal of Manufac-
lished under subsection (c).
ess relating to manufacturing and industrial turing and Industrial Innovation’’, on the
(6) HISTORICALLY BLACK COLLEGE OR UNI-
innovation, as appropriate; basis of recommendations received from the
VERSITY.—The term ‘‘historically Black col-
(D) ensure manufacturing and industrial National Academies of Sciences, the Chief
lege or university’’ has the meaning given
innovation policy decisions and programs are Manufacturing Officer, or on the basis of
the term ‘‘part B institution’’ in section 322
consistent with the priority goals described such other information and evidence as the
of the Higher Education Act of 1965 (20 U.S.C.
in subsection (b)(1); President determines appropriate, to individ-
1061).
(E) help implement the priority goals de- uals who in the judgment of the President
(7) INDUSTRY FIELD ACTIVITIES.—The term
scribed in subsection (b)(1) across the Fed- are deserving of special recognition by rea-
‘‘industry field activities’’ means activities
eral Government; son of outstanding contributions to knowl-
at active telecommunications, cable, and
(F) ensure manufacturing and industrial edge in manufacturing and industrial inno-
broadband network worksites, such as tow-
innovation are considered in the develop- vation.
ers, construction sites, and network manage-
ment and implementation of Federal policies (2) NUMBER.—Not more than 20 individuals
ment hubs.
and programs; may be awarded a medal under this section
(8) INDUSTRY PARTNER.—The term ‘‘indus-
(G) achieve more effective use of in any one calendar year.
try partner’’ means an entity described in
foundational aspects of manufacturing and (3) CITIZENSHIP.—An individual may not be
subparagraphs (A) through (F) of paragraph
industrial innovation, particularly sci- awarded a medal under this section unless at
(3) with which an eligible entity forms a
entific, engineering, and technological re- the time such award is made the individual—
partnership to carry out a training program.
sources and facilities of agencies in the exec- (A) is a citizen or other national of the
(9) MINORITY-SERVING INSTITUTION.—The
utive branch of the Federal Government, in- United States; or
term ‘‘minority-serving institution’’ means
cluding the elimination of efforts that have (B) is an individual lawfully admitted to
an institution described in section 371(a) of
been unwarrantedly duplicated; the United States for permanent residence
the Higher Education Act of 1965 (20 U.S.C.
(H) identify— who—
1067q(a)).
(i) threats to, and vulnerabilities of, supply (i) has filed an application for petition for
(10) TRAINING PROGRAM.—The term ‘‘train-
chains; naturalization in the manner prescribed by
ing program’’ means a credit or non-credit
(ii) workforce skills; section 334(b) of the Immigration and Na-
program developed by an eligible entity, in
(iii) aspects of supply chains and workforce tionality Act (8 U.S.C. 1445(b)); and
partnership with an industry partner, that—
skills requiring additional emphasis; and (ii) is not permanently ineligible to be-
(A) is designed to educate and train stu-
(iv) for reform policies, rules, and regula- come a citizen of the United States.
dents to participate in the telecommuni-
tions that harm domestic manufacturing and (4) CEREMONIES.—The presentation of the
cations workforce; and
inhibit the ability for domestic manufac- award shall be made by the President with
(B) includes a curriculum and apprentice-
turing to compete with global competitors; such ceremonies as determined proper, in-
ship or internship opportunities that can
and cluding attendance by appropriate Members
also be paired with—
(I) further international cooperation on of Congress.
(i) a degree program; or
manufacturing and industrial innovation (o) AUTHORIZATION OF APPROPRIATIONS.—
(ii) stacked credentialing toward a degree.
policies that enhance the policies of the There are authorized to be appropriated for
(11) TRIBAL COLLEGE OR UNIVERSITY.—The
United States and internationally agreed each of fiscal years 2022 through 2026—
term ‘‘Tribal College or University’’ has the
upon policies. (1) $5,000,000, for the purpose of carrying
meaning given the term in section 316(b)(3)
(2) CHIEF MANUFACTURING OFFICER.—The out subsections (c) through (i); and
of the Higher Education Act of 1965 (20 U.S.C.
Chief Manufacturing Officer may take such (2) $5,000,000, for the purpose of carrying
1059c(b)(3)).
actions as may be necessary or appropriate out subsections (j) through (m). (c) PROGRAM.—The Assistant Secretary,
to implement the functions described in SEC. 2509. TELECOMMUNICATIONS WORKFORCE acting through the Office of Minority
paragraph (1). TRAINING GRANT PROGRAM. Broadband Initiatives established under sec-
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(l) COORDINATION.—The head of each agen- (a) SHORT TITLE.—This section may be tion 902(b)(1) of division N of the Consoli-
cy in the executive branch of the Federal cited as the ‘‘Improving Minority Participa- dated Appropriations Act, 2021 (Public Law
Government, without regard to whether the tion And Careers in Telecommunications 116–260), shall establish a program, to be
head of the agency is a member of the Coun- Act’’ or the ‘‘IMPACT Act’’. known as the ‘‘Telecommunications Work-
cil, shall coordinate manufacturing and in- (b) DEFINITIONS.—In this section: force Training Grant Program’’, under which
dustrial innovation policy with the Council. (1) ASSISTANT SECRETARY.—The term ‘‘As- the Assistant Secretary awards grants to eli-
(m) ADMINISTRATION.— sistant Secretary’’ means the Assistant Sec- gible entities to develop training programs.
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2625
(d) FUND.— (3) EVALUATION CRITERIA.—As part of the (4) includes the findings of any audits con-
(1) ESTABLISHMENT.—There is established final rules issued under subsection (h), the ducted by the Inspector General of the De-
in the Treasury of the United States a fund Assistant Secretary shall develop criteria for partment of Commerce under subsection
to be known as the ‘‘Telecommunications evaluating applications for covered grants. (k)(1) that were not included in the previous
Workforce Training Grant Program Fund’’. (4) COORDINATION.—The Assistant Sec- report submitted under this subsection.
(2) AVAILABILITY.—Amounts in the Fund retary shall ensure that grant amounts (m) AUTHORIZATION OF APPROPRIATIONS.—
shall be available to the Assistant Secretary awarded under paragraph (2) are coordinated (1) IN GENERAL.—There is authorized to be
to carry out the Grant Program. with, and do not duplicate the specific use of, appropriated to the Fund a total of
(e) APPLICATION.— grant amounts provided under section 902 of $100,000,000 for fiscal years 2022 through 2027,
(1) IN GENERAL.—An eligible entity desiring division N of the Consolidated Appropria- to remain available until expended.
a covered grant shall submit an application tions Act, 2021 (Public Law 116–260). (2) ADMINISTRATION.—The Assistant Sec-
to the Assistant Secretary at such time, in (5) CONSTRUCTION.—In awarding grants retary may use not more than 2 percent of
such manner, and containing such informa- under this section for training or education the amounts appropriated to the Fund for
tion as the Assistant Secretary may require. relating to construction, the Assistant Sec- the administration of the Grant Program.
(2) CONTENTS.—An eligible entity shall in- retary may prioritize applicants that partner SEC. 2510. COUNTRY OF ORIGIN LABELING ON-
clude in an application under paragraph (1)— with apprenticeship programs, pre-appren- LINE ACT.
(A) a commitment from the industry part- ticeship programs, or public two-year com- (a) MANDATORY ORIGIN AND LOCATION DIS-
ner of the eligible entity to collaborate with munity or technical colleges that have a CLOSURE FOR PRODUCTS OFFERED FOR SALE ON
the eligible entity to develop a training pro- written agreement with one or more appren- THE INTERNET.—
gram, including curricula and internships or ticeship programs. (1) IN GENERAL.—It shall be unlawful for a
apprenticeships; (h) RULES.—Not later than 180 days after product that is required to be marked under
(B) a description of how the eligible entity the date of enactment of this division, after section 304 of the Tariff Act of 1930 (19 U.S.C.
plans to use the covered grant, including the providing public notice and an opportunity 1304) or its implementing regulations to be
type of training program the eligible entity to comment, the Assistant Secretary, in con- introduced, sold, advertised, or offered for
plans to develop; sultation with the Secretary of Labor and sale in commerce on an internet website un-
(C) a plan for recruitment of students and the Secretary of Education, shall issue final
less the internet website description of the
potential students to participate in the rules governing the Grant Program.
product—
training program; (i) TERM.—The Assistant Secretary shall
establish the term of a covered grant, which (A)(i) indicates in a conspicuous place the
(D) a plan to increase female student par- country of origin of the product, in a manner
may not be less than 5 years.
ticipation in the training program of the eli- consistent with the regulations prescribed
(j) GRANTEE REPORTS.—During the term of
gible entity; and under section 304 of the Tariff Act of 1930 (19
a covered grant received by an eligible enti-
(E) a description of potential jobs to be se- ty, the eligible entity shall submit to the As- U.S.C. 1304) and the country of origin mark-
cured through the training program, includ- sistant Secretary a semiannual report that, ing regulations administered by U.S. Cus-
ing jobs in the communities surrounding the with respect to the preceding 6-month pe- toms and Border Protection; and
eligible entity. riod— (ii) includes, in the case of—
(f) USE OF FUNDS.—An eligible entity may (1) describes how the eligible entity used (I) a new passenger motor vehicle (as de-
use a covered grant, with respect to the the covered grant amounts; fined in section 32304 of title 49, United
training program of the eligible entity, to— (2) describes the progress the eligible enti- States Code), the disclosure required by such
(1) hire faculty members to teach courses ty made in developing and executing the section;
in the training program; training program of the eligible entity; (II) a textile fiber product (as defined in
(2) train faculty members to prepare stu- (3) describes the number of faculty and stu- section 2 of the Textile Fiber Products Iden-
dents for employment in jobs related to the dents participating in the training program tification Act (15 U.S.C. 70b)), the disclosure
deployment of next-generation wired and of the eligible entity; required by such Act;
wireless communications networks, includ- (4) describes the partnership with the in- (III) a wool product (as defined in section 2
ing 5G networks, hybrid fiber-coaxial net- dustry partner of the eligible entity, includ- of the Wool Products Labeling Act of 1939 (15
works, and fiber infrastructure, particularly ing— U.S.C. 68)), the disclosure required by such
in— (A) the commitments and in-kind contribu- Act;
(A) broadband and wireless network engi- tions made by the industry partner; and (IV) a fur product (as defined in section 2 of
neering; (B) the role of the industry partner in cur- the Fur Products Labeling Act (15 U.S.C.
(B) network deployment, operation, and riculum development, the degree program, 69)), the disclosure required by such Act; and
maintenance; and internships and apprenticeships; and (V) a covered commodity (as defined in sec-
(C) industry field activities; and (5) includes data on internship, apprentice- tion 281 of the Agricultural Marketing Act of
(D) cloud networks, data centers, and cy- ship, and employment opportunities and 1946 (7 U.S.C. 1638)), the country of origin in-
bersecurity; placements. formation required by section 282 of such Act
(3) design and develop curricula and other (k) OVERSIGHT.— (7 U.S.C. 1638a); and
components necessary for degrees, courses, (1) AUDITS.—The Inspector General of the (B) indicates in a conspicuous place the
or programs of study, including certificate Department of Commerce shall audit the country in which the seller of the product is
programs and credentialing programs, that Grant Program in order to— located (and, if applicable, the country in
comprise the training program; (A) ensure that eligible entities use cov- which any parent corporation of such seller
(4) pay for costs associated with instruc- ered grant amounts in accordance with— is located).
tion under the training program, including (i) the requirements of this section; and (2) LIMITATION.—The disclosure of a prod-
the costs of equipment, telecommunications (ii) the overall purpose of the Grant Pro- uct’s country of origin required pursuant to
training towers, laboratory space, classroom gram, as described in subsection (c); and paragraph (1)(A) shall not be made in such a
space, and instructional field activities; (B) prevent waste, fraud, and abuse in the manner as to represent to a consumer that
(5) fund scholarships, student internships, operation of the Grant Program. the product is in whole, or part, of United
apprenticeships, and pre-apprenticeship op- (2) REVOCATION OF FUNDS.—The Assistant States origin, unless such disclosure is con-
portunities; Secretary shall revoke a grant awarded to an sistent with section 5 of the Federal Trade
(6) recruit students for the training pro- eligible entity that is not in compliance with Commission Act (15 U.S.C. 45(a)), provided
gram; and the requirements of this section or the over- that no other Federal statute applies.
(7) support the enrollment in the training all purpose of the Grant Program, as de- (3) CERTAIN DRUG PRODUCTS.—It shall be
program of individuals working in the tele- scribed in subsection (c). unlawful for a drug that is not subject to sec-
communications industry in order to ad- (l) ANNUAL REPORT TO CONGRESS.—Each tion 503(b)(1) of the Federal Food, Drug, and
vance professionally in the industry. year, until all covered grants have expired, Cosmetic Act (21 U.S.C. 353(b)(1)) and that is
(g) GRANT AWARDS.— the Assistant Secretary shall submit to Con- required to be marked under section 304 of
(1) DEADLINE.—Not later than 2 years after gress a report that— the Tariff Act of 1930 (19 U.S.C. 1304) to be of-
the date on which amounts are appropriated (1) identifies each eligible entity that re- fered for sale in commerce to consumers on
to the Fund pursuant to subsection (m), the ceived a covered grant and the amount of the an internet website unless the internet
Assistant Secretary shall award all covered covered grant; website description of the drug indicates in a
grants. (2) describes the progress each eligible en- conspicuous manner the name and place of
(2) MINIMUM ALLOCATION TO CERTAIN ENTI- tity described in paragraph (1) has made to- business of the manufacturer, packer, or dis-
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TIES.—The Assistant Secretary shall award ward accomplishing the overall purpose of tributor that is required to appear on the
not less than— the Grant Program, as described in sub- label of the drug in accordance with section
(A) 30 percent of covered grant amounts to section (c); 502(b) of the Federal Food, Drug, and Cos-
historically Black colleges or universities; (3) summarizes the job placement status or metic Act (21 U.S.C. 352(b)).
and apprenticeship opportunities of students who (b) PROHIBITION ON FALSE AND MISLEADING
(B) 30 percent of covered grant amounts to have participated in the training program of REPRESENTATION OF UNITED STATES ORIGIN
Tribal Colleges or Universities. the eligible entity; and ON PRODUCTS.—
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S2626 CONGRESSIONAL RECORD — SENATE May 18, 2021
(1) UNLAWFUL ACTIVITY.—Notwithstanding tistical Areas’’, published in the Federal (i) covered grants; and
any other provision of law, it shall be unlaw- Register on June 28, 2010 (75 Fed. Reg. 37246), (ii) grants under subsection (c).
ful to make any false or deceptive represen- or any successor to that Notice. (B) THIRD PARTY REVIEW.—To prevent fraud
tation that a product or its parts or proc- (3) COVERED GRANT.—The term ‘‘covered in the covered grant program, the Assistant
essing are of United States origin in any la- grant’’ means a grant awarded under sub- Secretary shall enter into a contract with an
beling, advertising, or other promotional section (b)(1). independent third party under which the
materials, or any other form of marketing, (4) INDIAN TRIBE.—The term ‘‘Indian third party reviews an application for a cov-
including marketing through digital or elec- Tribe’’— ered grant not later than 60 days after the
tronic means in the United States. (A) has the meaning given the term in sec- date on which the application is submitted
(2) DECEPTIVE REPRESENTATION.—For pur- tion 4 of the Indian Self-Determination and to ensure that only an entity that is eligible
poses of paragraph (1), a representation that Education Assistance Act (25 U.S.C. 5304); for a covered grant receives a covered grant.
a product is in whole, or in part, of United and (6) RULE OF CONSTRUCTION.—Nothing in this
States origin is deceptive if, at the time the (B) includes a Native Hawaiian organiza- subsection shall be construed to authorize
representation is made, such claim is not tion, as that term is defined in section 6207 the Assistant Secretary to regulate, issue
consistent with section 5 of the Federal of the Native Hawaiian Education Act (20 guidance for, or otherwise interfere with the
Trade Commission Act (15 U.S.C. 45(a)), pro- U.S.C. 7517). activities at an internet exchange facility.
vided that no other Federal statute applies. (5) INTERNET EXCHANGE FACILITY.—The (c) SUBMARINE CABLE LANDING STATION
(c) ENFORCEMENT BY COMMISSION.— term ‘‘internet exchange facility’’ means GRANTS.—Not later than 1 year after the
(1) UNFAIR OR DECEPTIVE ACTS OR PRAC- physical infrastructure through which inter- date on which amounts are made available
TICES.—A violation of subsection (a) or (b) net service providers and content delivery under subsection (e), and in accordance with
shall be treated as a violation of a rule under networks exchange internet traffic between the rules and timelines established under
section 18(a)(1)(B) of the Federal Trade Com- their networks. subsection (b)(5)(A), the Assistant Secretary
mission Act (15 U.S.C. 57a(a)(1)(B)). (6) STATE.—The term ‘‘State’’ has the shall award grants to States and Indian
(2) POWERS OF THE COMMISSION.— meaning given the term in section 3 of the Tribes to build infrastructure and acquire
(A) IN GENERAL.—The Commission shall en- Communications Act of 1934 (47 U.S.C. 153). necessary equipment to establish or expand
force this section in the same manner, by the (7) SUBMARINE CABLE LANDING STATION.— an open-access, carrier-neutral submarine
same means, and with the same jurisdiction, The term ‘‘submarine cable landing station’’ cable landing station that serves a military
powers, and duties as though all applicable means a cable landing station, as that term facility.
terms and provisions of the Federal Trade is used in section 1.767(a)(5) of title 47, Code (d) REPORT.—Not later than 5 years after
Commission Act (15 U.S.C. 41 et seq.) were of Federal Regulations (or any successor reg- the date of enactment of this division, and
incorporated into and made a part of this ulation), that can be utilized to land a sub- annually thereafter for 5 years, the Assistant
section. marine cable by an entity that has obtained Secretary shall submit a report on outcomes
(B) PRIVILEGES AND IMMUNITIES.—Any per- a license under the first section of the Act of grants awarded under this section to—
son that violates subsection (a) or (b) shall entitled ‘‘An Act relating to the landing and (1) the Committee on Commerce, Science,
be subject to the penalties and entitled to operation of submarine cables in the United and Transportation of the Senate; and
the privileges and immunities provided in States’’, approved May 27, 1921 (47 U.S.C. 34) (2) the Committee on Energy and Com-
(commonly known as the ‘‘Cable Landing Li- merce of the House of Representatives.
the Federal Trade Commission Act (15 U.S.C.
censing Act’’). (e) AUTHORIZATION OF APPROPRIATIONS.—
41 et seq.) as though all applicable terms and EXCHANGE FACILITY
(b) INTERNET (1) IN GENERAL.—There is authorized to be
provisions of that Act were incorporated and GRANTS.—
made part of this section. appropriated $35,000,000 to carry out sub-
(1) GRANTS.—Not later than 1 year after sections (b) and (c).
(C) AUTHORITY PRESERVED.—Nothing in the date on which amounts are made avail-
this section may be construed to limit the (2) LIMITATION.—The Assistant Secretary
able under subsection (e), the Assistant Sec-
authority of the Commission under any may not use more than 10 percent of the
retary shall award grants to entities to ac-
other provision of law. amounts made available under paragraph (1)
quire real property and necessary equipment
(3) INTERAGENCY AGREEMENT.—Not later to administer and report on the outcomes of
to—
than 6 months after the date of enactment of grants awarded under this section.
(A) establish a new internet exchange fa-
this division, the Commission and U.S. Cus- (f) RETURN OF CERTAIN GRANT AMOUNTS.—
cility in a core based statistical area in
toms and Border Protection shall— The Assistant Secretary may require a re-
which, at the time the grant is awarded,
(A) enter into a Memorandum of Under- cipient of a grant awarded under subsection
there are no existing internet exchange fa-
standing or other appropriate agreement for (b) or (c) to return all or a portion of the
cilities; or
the purpose of providing consistent imple- grant amount if there is evidence of waste,
(B) expand operations at an existing inter-
mentation of this section; and fraud, or abuse of grant funds by the recipi-
net exchange facility in a core based statis-
(B) publish such agreement to provide pub- ent.
tical area in which, at the time the grant is
lic guidance. SEC. 2513. STUDY OF SISTER CITY PARTNERSHIPS
awarded, there is only 1 internet exchange
(4) DEFINITION OF COMMISSION.—In this sub- OPERATING WITHIN THE UNITED
facility. STATES INVOLVING FOREIGN COM-
section, the term ‘‘Commission’’ means the (2) ELIGIBILITY.—To be eligible to receive a MUNITIES IN COUNTRIES WITH SIG-
Federal Trade Commission. covered grant, an entity shall— NIFICANT PUBLIC SECTOR CORRUP-
(d) EFFECTIVE DATE.—This section shall (A) have sufficient interest from third TION.
take effect 9 months after the date of enact- party entities that will use the internet ex- (a) SHORT TITLE.—This section may be
ment of this division. change facility to be funded by the grant cited as the ‘‘Sister City Transparency Act’’.
SEC. 2511. COUNTRY OF ORIGIN LABELING FOR once the facility is established or operations (b) DEFINITIONS.—In this section:
KING CRAB AND TANNER CRAB. are expanded, as applicable; (1) APPROPRIATE CONGRESSIONAL COMMIT-
Section 281(7)(B) of the Agricultural Mar- (B) have sovereign control over the land or TEES.—The term ‘‘appropriate congressional
keting Act of 1946 (7 U.S.C. 1638(7)(B)) is building in which the internet exchange fa- committees’’ means—
amended— cility is to be housed; (A) the Committee on Foreign Relations of
(1) by striking ‘‘includes a fillet’’ and in- (C) provide evidence of direct conduit, the Senate;
serting ‘‘includes— duct, and manhole access to public rights-of- (B) the Committee on Health, Education,
‘‘(i) a fillet’’; way; Labor, and Pensions of the Senate;
(2) by striking the period at the end and in- (D) have a plan to establish security proto- (C) the Committee on Armed Services of
serting ‘‘; and’’; and cols for the internet exchange facility to pre- the Senate;
(3) by adding at the end the following: vent physical or electronic intrusion from (D) the Committee on Foreign Affairs of
‘‘(ii) whole cooked king crab and tanner unauthorized users; and the House of Representatives;
crab and cooked king crab and tanner crab (E) provide other information required by (E) the Committee on Education and Labor
sections.’’. the Assistant Secretary to protect against of the House of Representatives; and
SEC. 2512.INTERNET EXCHANGES AND SUB- waste, fraud, or abuse. (F) the Committee on Armed Services of
MARINE CABLES. (3) FEDERAL SHARE.—The Federal share of the House of Representatives.
(a) DEFINITIONS.—In this section: the total cost of the establishment of, or ex- (2) FOREIGN COMMUNITY.—The term ‘‘for-
(1) ASSISTANT SECRETARY.—The term ‘‘As- pansion of operations at, an internet ex- eign community’’ means any subnational
sistant Secretary’’ means the Assistant Sec- change facility for which a covered grant is unit of government outside of the United
retary of Commerce for Communications and awarded may not exceed 50 percent. States.
ctelli on DSK11ZRN23PROD with SENATE
Information. (4) GRANT AMOUNT.—The amount of a cov- (3) SISTER CITY PARTNERSHIP.—The term
(2) CORE BASED STATISTICAL AREA.—The ered grant may not exceed $3,000,000. ‘‘sister city partnership’’ means a formal
term ‘‘core based statistical area’’ has the (5) APPLICATIONS.— agreement between a United States commu-
meaning given the term by the Office of (A) RULES AND TIMELINES.—Not later than 1 nity and a foreign community that—
Management and Budget in the Notice of De- year after the date of enactment of this divi- (A) is recognized by Sister Cities Inter-
cision entitled ‘‘2010 Standards for Delin- sion, the Assistant Secretary shall establish national; and
eating Metropolitan and Micropolitan Sta- rules and timelines for applications for— (B) is operating within the United States.
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2627
(4) UNITED STATES COMMUNITY.—The term sions, and recommendations (if any) of the United States Government and an entity de-
‘‘United States community’’ means a State, study. scribed in subparagraph (A) or (B) of sub-
county, city, or other unit of local govern- (B) FORM.—The report required under sub- section (a)(1); and
ment in the United States. paragraph (A) may include a classified (C) all instances in which officials of the
(c) STUDY OF SISTER CITY PARTNERSHIPS annex, if necessary. United States Government hosted officials
OPERATING WITHIN THE UNITED STATES IN- SEC. 2514. PROHIBITION ON TRANSFER, ASSIGN- from, or significantly tied to, an entity de-
VOLVING FOREIGN COMMUNITIES IN COUNTRIES MENT, OR DISPOSITION OF CON- scribed in subparagraph (A) or (B) of sub-
WITH SIGNIFICANT PUBLIC SECTOR CORRUP- STRUCTION PERMITS AND STATION section (a)(1).
TION.— LICENSES TO ENTITIES SUBJECT TO (3) DEADLINE AND REPORT.—Not later than 1
(1) IN GENERAL.—The Comptroller General UNDUE INFLUENCE BY THE CHI- year after the date on which the Secretary
of the United States shall conduct a study of NESE COMMUNIST PARTY OR THE
and the National Academy enter into an
the activities of sister city partnerships in- GOVERNMENT OF THE PEOPLE’S RE-
PUBLIC OF CHINA. agreement described in paragraph (1), the
volving foreign communities in countries re- National Academy shall—
ceiving a score of 45 or less on Transparency The Federal Communications Commission
(A) complete the review and assessment de-
International’s 2019 Corruption Perceptions shall, pursuant to section 310 of the Commu-
scribed in paragraph (2); and
Index. nications Act of 1934 (47 U.S.C. 310), prohibit
(B) submit a report containing the results
(2) ELEMENTS OF THE STUDY.—The study the transfer, assignment, or disposition of
of the review and assessment, which shall be
conducted under paragraph (1) shall— construction permits and station licenses to
unclassified but, if necessary, may contain a
(A) identify— an entity that is subject to undue influence
classified annex, to—
(i) the criteria by which foreign commu- by the Chinese Communist Party or the Gov-
(i) the Secretary; and
nities identify United States communities as ernment of the People’s Republic of China. (ii) the appropriate congressional commit-
candidates for sister city partnerships, in- SEC. 2515. LIMITATION ON NUCLEAR COOPERA- tees.
cluding themes with respect to the promi- TION WITH THE PEOPLE’S REPUBLIC
(4) PUBLICATION.—Not later than 60 days
OF CHINA.
nent economic activities and demographics after the date on which the National Acad-
of such United States communities; (a) IN GENERAL.—The President shall not— emy submits the report under paragraph (3),
(ii) the activities conducted within sister (1) develop, design, plan, promulgate, im- the Secretary shall make the report pub-
city partnerships; plement, or execute a bilateral policy, pro- lically available in an easily accessible elec-
(iii) the economic and educational out- gram, order, or contract of any kind to par- tronic format, with appropriate redactions
comes of such activities; ticipate in, collaborate on, or coordinate bi- for information that, in the determination of
(iv) the types of information that sister laterally in any manner with respect to nu- the Secretary, would be damaging to the na-
city partnerships make publicly available, clear cooperation activities, or otherwise en- tional security of the United States if dis-
including information relating to contracts gage in nuclear cooperation, with— closed.
and activities; (A) the Government of the People’s Repub- (c) WAIVERS.—
(v) the means by which United States com- lic of China; or (1) WAIVER FOR COUNTERTERRORISM; NON-
munities safeguard freedom of expression (B) any company— PROLIFERATION ACTIVITIES; AND THE NATIONAL
within sister city partnerships; and (i) owned by the Government of the Peo- INTEREST.—The President may waive the
(vi) the oversight practices that United ple’s Republic of China; or limitation under subsection (a)—
States communities implement to mitigate (ii) incorporated under the laws of the Peo- (A) to continue ongoing activities with the
the risks of foreign espionage and economic ple’s Republic of China; or People’s Republic of China relating to nu-
coercion within sister city partnerships; (2) allow any agency of the United States clear and radiological counterterrorism, nu-
(B) assess— Government to host official visitors at a fa- clear and radiological counterproliferation,
(i) the extent to which United States com- cility belonging to the agency if those visi- and nuclear and radiological nonprolifera-
munities ensure transparency regarding sis- tors are— tion; or
ter city partnership contracts and activities; (A) officials, corporate officers, or prin- (B) if the President determines that such
(ii) the extent to which sister city partner- cipal shareholders of any entity described in waiver is in the national interests of the
ships involve economic arrangements that subparagraph (A) or (B) of paragraph (1); or United States, provided the Federal Bureau
make United States communities vulnerable (B) individuals subject to undue influence of Investigation certifies prior to such waiv-
to malign market practices; by the individuals described in subparagraph er that the persons covered under such waiv-
(iii) the extent to which sister city part- (A). er—
nerships involve educational arrangements (b) REVIEW OF PRIOR NUCLEAR COOPERATION (i) are not subject to undue influence by
that diminish the freedom of expression; AND ASSOCIATED IMPACTS.— the Government of the People’s Republic of
(iv) the extent to which sister city partner- (1) AGREEMENT.—Not later than 60 days China or the Chinese Communist Party, or
ships allow foreign nationals to access local after the date of enactment of this division, by officials of the People’s Republic of China
commercial, educational, and political insti- the Secretary of State shall seek to enter or the Chinese Communist Party; and
tutions; into an agreement with the National Acad- (ii) are not engaged in human rights
(v) the extent to which foreign commu- emy of Public Administration (referred to in abuses.
nities could use sister city partnerships to this section as the ‘‘National Academy’’) to (2) WAIVER TO ADDRESS EMERGENCIES.—Sub-
realize strategic objectives that do not con- carry out the review and assessment de- ject to receiving appropriate licenses and
duce to the economic and national security scribed in paragraph (2) and submit the re- other authorizations, the President may
interests of the United States; port described in paragraph (3). waive the limitation under subsection (a) to
(vi) the extent to which sister city partner- (2) REVIEW AND ASSESSMENT.— allow transfers of technology and equipment
ships could enable or otherwise contribute to (A) IN GENERAL.—Under the agreement de- to address a nuclear or radiological emer-
foreign communities’ malign activities glob- scribed in paragraph (1), the National Acad- gency.
ally, including activities relating to human emy shall— (3) NOTIFICATION REQUIREMENT.—The Presi-
rights abuses and academic and industrial (i) conduct a review of nuclear cooperation dent shall notify Congress of any waiver
espionage; and during the 25-year period ending on the date issued under paragraph (1) or (2).
(vii) the extent to which United States of enactment of this division between the (d) DEFINITIONS.—In this section:
communities seek to mitigate foreign na- United States Government and the People’s (1) NUCLEAR COOPERATION.—The term ‘‘nu-
tionals’ potentially inappropriate use of visa Republic of China, including the role of the clear cooperation’’ means cooperation with
programs to participate in activities relating Department of State in facilitating such co- respect to nuclear activities, including the
to sister city partnerships; and operation; and development, use, or control of atomic en-
(C) review— (ii) perform an assessment of the implica- ergy, including any activities involving the
(i) the range of activities conducted within tions of the cooperation described in clause processing or utilization of source material,
sister city partnerships, including activities (i) on the national security of the United byproduct material, or special nuclear mate-
relating to cultural exchange and economic States. rial (as those terms are defined in section 11
development; (B) ELEMENTS.—In conducting the review of the Atomic Energy Act of 1954 (42 U.S.C.
(ii) how such activities differ between sis- and assessment under subparagraph (A), the 2014)).
ter city partnerships; and National Academy shall examine all cooper- (2) NUCLEAR COOPERATION ACTIVITIES.—The
(iii) best practices to ensure transparency ative activities relating to nuclear coopera- term ‘‘nuclear cooperation activities’’ means
regarding sister city partnerships’ agree- tion between the United States Government activities relating to nuclear cooperation.
ments, activities, and employees. and the People’s Republic of China during (e) RULE OF CONSTRUCTION.— Nothing in
ctelli on DSK11ZRN23PROD with SENATE
(3) REPORT.— the 25-year period ending on the date of en- this division shall be construed to prohibit—
(A) IN GENERAL.—Not later than 6 months actment of this division, including— (1) United States commercial activities,
after initiating the study required under (i) all trips relating to nuclear cooperation provided such activities are consistent with
paragraph (1), the Comptroller General shall taken by officials of the Department of State the laws and regulations of the United
submit a report to the appropriate congres- to the People’s Republic of China; States; and
sional committees that contains the results (ii) all exchanges of goods, services, data, (2) limited diplomatic engagement or dia-
of such study, including the findings, conclu- or information between officials of the logue—
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S2628 CONGRESSIONAL RECORD — SENATE May 18, 2021
(A) including regarding protection of the (iv) the extent to which there are opportu- (C) the impact on enforcement of the ban
intellectual property and trade secrets of nities for cooperation with government ex- contained in subsection (b) caused by the ex-
American persons; and perts from like-minded foreign allies with re- emption; and
(B) except for any diplomatic engagement spect to those activities; and (D) the impact of the exemption on shark
or dialogue relating to or aimed at facili- (v) any other barriers to effective partici- conservation.
tating the transfer of nuclear technology. pation in, and representation with respect (e) DEFINITION OF SHARK FIN.—In this sec-
SEC. 2516. CERTIFICATION. to, those activities; and tion, the term ‘‘shark fin’’ means—
Section 1260I(a) of the National Defense (B) recommendations regarding how the (1) the raw or dried or otherwise processed
Authorization Act for Fiscal Year 2020 (Pub- barriers to increased and effective participa- detached fin of a shark; or
lic Law 116–92; 113 Stat. 1687) is amended— tion, as identified under subparagraph (A), (2) the raw or dried or otherwise processed
(1) by inserting ‘‘and’’ at the end of para- could be addressed, which may include— detached tail of a shark.
graph (2); and (i) strategies and tactics to ensure long- (f) STATE AUTHORITY.—Nothing in this sec-
(2) by striking paragraphs (3) and (4) and term participation; tion may be construed to preclude, deny, or
inserting the following: (ii) means for improved information shar- limit any right of a State or territory to
‘‘(3) Huawei does not pose an ongoing ing and coordination— adopt or enforce any regulation or standard
threat to the critical infrastructure of the (I) among Federal Government partici- that is more stringent than a regulation or
United States or its allies.’’. pants; standard in effect under this section.
SEC. 2517. FAIRNESS AND DUE PROCESS IN (II) between the public and private sectors; (g) SEVERABILITY.—If any provision of this
STANDARDS-SETTING BODIES. and section or its application to any person or
(a) DEFINITIONS.—In this section: (III) between the Federal Government and circumstance is held invalid, the invalidity
(1) APPROPRIATE COMMITTEES OF CON- like-minded foreign allies; does not affect other provisions or applica-
GRESS.—The term ‘‘appropriate committees (iii) identification of suitable leadership tions of this section which can be given ef-
of Congress’’ means— opportunities for Federal Government par- fect without the invalid provision or applica-
(A) the Committee on Commerce, Science, ticipants; and tion, and to this end the provisions of this
and Transportation of the Senate; (iv) any other recommendation that the section are severable.
(B) the Committee on Armed Services of Assistant Secretary determines to be appro- SEC. 2519. SENSE OF CONGRESS ON FORCED
the Senate; priate. LABOR.
(C) the Select Committee on Intelligence It is the sense of Congress that the Federal
of the Senate; SEC. 2518. SHARK FIN SALES ELIMINATION.
Government shall not engage in research,
(D) the Committee on Foreign Relations of (a) SHORT TITLE.—This section may be partnerships, contracts, or other agreements
the Senate; cited as the ‘‘Shark Fin Sales Elimination with any entity (including any country or
(E) the Committee on Science, Space, and Act of 2021’’. institution of higher education) that has any
Technology of the House of Representatives; (b) PROHIBITION ON SALE OF SHARK FINS.— affiliation with a country that engages in
(F) the Committee on Armed Services of (1) PROHIBITION.—Except as provided in forced labor.
the House of Representatives; subsection (c), no person shall possess, trans- SEC. 2520. OPEN NETWORK ARCHITECTURE.
(G) the Permanent Select Committee on port, offer for sale, sell, or purchase shark
Intelligence of the House of Representatives; (a) OPEN NETWORK ARCHITECTURE
fins or products containing shark fins. TESTBED.—
and (2) PENALTY.—A violation of paragraph (1)
(H) the Committee on Foreign Affairs of (1) DEFINITIONS.—In this subsection—
shall be treated as an act prohibited by sec- (A) the term ‘‘Applied Research Open-RAN
the House of Representatives. tion 307 of the Magnuson-Stevens Fishery
(2) ASSISTANT SECRETARY.—The term ‘‘As- testbed’’ means the testbed established
Conservation and Management Act (16 U.S.C. under paragraph (2);
sistant Secretary’’ means the Assistant Sec- 1857) and shall be penalized pursuant to sec-
retary of Commerce for Communications and (B) the term ‘‘Assistant Secretary’’ means
tion 308(a) of that Act (16 U.S.C. 1858(a)), ex- the Assistant Secretary of Commerce for
Information. cept that the maximum civil penalty for
(b) STUDY.— Communications and Information; and
each violation shall be $100,000, or the fair (C) the term ‘‘NTIA’’ means the National
(1) IN GENERAL.—Not later than 270 days
market value of the shark fins involved, Telecommunications and Information Ad-
after the date of enactment of this division,
whichever is greater. ministration.
the Secretary of Commerce, acting through
the Assistant Secretary, shall submit to the (c) EXCEPTIONS.—A person may possess a (2) ESTABLISHMENT.—The Assistant Sec-
appropriate committees of Congress the re- shark fin that was taken lawfully under a retary shall establish an applied research
sults of a study identifying opportunities for State, territorial, or Federal license or per- open network architecture testbed at the In-
improved participation by United States mit to take or land sharks, if the shark fin stitute for Telecommunication Sciences of
Government experts in the standardization is separated from the shark in a manner con- the NTIA to develop and demonstrate net-
activities of the Telecommunication Stand- sistent with the license or permit and is— work architectures and applications, equip-
ardization Sector of the International Tele- (1) destroyed or discarded upon separation; ment integration and interoperability at
communication Union. (2) used for noncommercial subsistence scale, including—
(2) CONSULTATIONS REQUIRED.—In con- purposes in accordance with State or terri- (A) Open Radio Access Network (commonly
ducting the study required under paragraph torial law; known as ‘‘Open-RAN’’) technology;
(1), the Assistant Secretary shall— (3) used solely for display or research pur- (B) Virtualized Radio Access Network
(A) consult with— poses by a museum, college, or university, or (commonly known as ‘‘vRAN’’) technology;
(i) the Under Secretary of State for Eco- other person under a State or Federal permit and
nomic Growth, Energy, and the Environ- to conduct noncommercial scientific re- (C) cloud native technologies that rep-
ment; and search; or licate telecommunications hardware as soft-
(ii) the Chairman of the Federal Commu- (4) retained by the license or permit holder ware-based virtual network elements and
nications Commission; for a noncommercial purpose. functions.
(B) engage with the International Digital (d) DOGFISH.— (3) FOCUS; CONSIDERATIONS.—In estab-
Economy and Telecommunication Advisory (1) IN GENERAL.—It shall not be a violation lishing the Applied Research Open-RAN
Committee; and of subsection (b) for any person to possess, testbed pursuant to this section, the Assist-
(C) provide opportunities for all relevant transport, offer for sale, sell, or purchase any ant Secretary shall ensure that such testbed
stakeholders in the United States to provide fresh or frozen raw fin or tail from any stock evaluates issues related to deployment and
meaningful input with respect to the con- of the species Mustelus canis (smooth operation of open network architectures in
duct of the study. dogfish) or Squalus acanthias (spiny rural areas.
(3) CONTENTS.—The study required under dogfish). (4) COOPERATIVE RESEARCH AND DEVELOP-
paragraph (1) shall include— (2) REPORT.—By not later than January 1, MENT AGREEMENTS.—The Assistant Secretary
(A) the identification and assessment of 2027, the Secretary of Commerce shall review shall enter into cooperative research and de-
factors that serve as a barrier to the partici- the exemption contained in paragraph (1) velopment agreements as appropriate to ob-
pation of United States Government experts and shall prepare and submit to Congress a tain equipment, devices, and expertise for
in the standards development activities of report that includes a recommendation on the Applied Research Open-RAN testbed, in
the Telecommunication Standardization whether the exemption contained in para- accordance with section 12 of the Stevenson-
Sector of the International Telecommuni- graph (1) should continue or be terminated. Wydler Technology Innovation Act of 1980 (15
cation Union, including— In preparing such report and making such U.S.C. 3710a).
ctelli on DSK11ZRN23PROD with SENATE
(i) budgetary constraints; recommendation, the Secretary shall ana- (5) PRIVATE SECTOR CONTRIBUTIONS.—The
(ii) lack of awareness regarding the stra- lyze factors including— Assistant Secretary may accept private con-
tegic importance of, and support for, partici- (A) the economic viability of dogfish fish- tributions to the Applied Research Open-
pation in those activities; eries with and without the continuation of RAN testbed in the form of network equip-
(iii) limited knowledge about opportunities the exemption; ment or devices for testing purposes.
for, and means of, participation with respect (B) the impact to ocean ecosystems of con- (6) PARTNERSHIP WITH GOVERNMENT ENTI-
to those activities; tinuing or terminating the exemption; TIES.—
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2629
(A) ESTABLISHMENT.—In establishing the (B) the term ‘‘eligible standards-setting agency with an annual extramural research
Applied Research Open-RAN testbed, the As- body’’— expenditure of over $100,000,000.
sistant Secretary shall— (i) means a standards-setting body, partici- (3) GRANT PERSONNEL.—The term ‘‘grant
(i) consult with the Federal Communica- pation in which may be funded by a grant personnel’’ means principal investigators
tions Commission, including with respect to awarded under paragraph (2), as determined and co-principal investigators supported by a
ongoing work by the Commission to develop by the Assistant Secretary; and grant award under Federal law and their
other testbeds, including private sector (ii) includes— trainees.
testbeds, related to Open-RAN technologies; (I) the 3rd Generation Partnership Project (4) INSTITUTION OF HIGHER EDUCATION.—The
and (commonly known as ‘‘3GPP’’); term ‘‘institution of higher education’’ has
(ii) ensure that the work on the testbed is (II) the Alliance for Telecommunications the meaning given such term in section 101
coordinated with the responsibilities of the Industry Solutions (commonly known as of the Higher Education Act of 1965 (20 U.S.C.
Assistant Secretary under any relevant ‘‘ATIS’’); 1001).
memorandum of understanding with the Fed- (III) the International Telecommuni- (5) NATIONAL ACADEMIES.—The term ‘‘Na-
eral Communications Commission and the cations Union (commonly known as ‘‘ITU’’); tional Academies’’ means the National Acad-
National Science Foundation related to spec- (IV) the Institute for Electrical and Elec- emies of Sciences, Engineering, and Medi-
trum. tronics Engineers (commonly known as cine.
(B) OPERATIONS.—In operating the Applied ‘‘IEEE’’); (6) RECIPIENT.—The term ‘‘recipient’’
Research Open-RAN testbed, the Assistant (V) the World Radiocommunications Con- means an entity, usually a non-Federal enti-
Secretary shall, in consultation with the ferences (commonly known as the ‘‘WRC’’) of ty, that receives a Federal award directly
Federal Communications Commission, part- the ITU; from a Federal awarding agency. The term
ner with— (VI) the Internet Engineering Task Force ‘‘recipient’’ does not include entities that re-
(i) the First Responder Network Authority (commonly known as the ‘‘IETF’’); ceive subgrants or individuals that are the
of the NTIA (also known as ‘‘FirstNet’’) and (VII) the International Organization for beneficiaries of the award.
the Public Safety Communications Research Standardization (commonly known as the (7) SEXUAL HARASSMENT.—The term ‘‘sex-
Division of the National Institute of Stand- ‘‘ISO’’) and the International Electro- ual harassment’’ has the meaning given such
ards and Technology to examine use cases technical Commission (commonly known as term in section 1604.11 of title 29, Code of
and applications for Open-RAN technologies the ‘‘IEC’’); Federal Regulations (or any successor regu-
in a public safety network; (VIII) the O-RAN Alliance; lations).
(ii) other Federal agencies, as appropriate (IX) the Telecommunications Industry As- (c) RESEARCH GRANTS.—
to examine use cases and applications for sociation (commonly known as ‘‘TIA’’); and (1) IN GENERAL.—The Director shall award
Open-RAN technologies in other areas of in- (X) any other standards-setting body iden- grants, on a competitive basis, to institu-
terest to such agencies; and tified under paragraph (4); tions of higher education or nonprofit orga-
(iii) international partners, as appropriate. (C) the term ‘‘Secretary’’ means the Sec- nizations (or consortia of such institutions
(7) STAKEHOLDER INPUT.—The Assistant retary of Commerce; and or organizations)—
Secretary shall seek input from stakeholders (D) the term ‘‘standards-setting body’’ (A) to expand research efforts to better un-
regarding the establishment and operation of means an international body that develops derstand the factors contributing to, and
the Applied Research Open-RAN testbed. the standards for open network architecture consequences of, sexual harassment affecting
(8) IMPLEMENTATION DEADLINE.—Not later technologies. individuals in the scientific, technical, engi-
than 180 days after the date of enactment of (2) GRANT PROGRAM.— neering, and mathematics workforce, includ-
this division, the Assistant Secretary shall— (A) IN GENERAL.—The Secretary, in col- ing students and trainees; and
(A) define metrics and parameters for the laboration with the Assistant Secretary, (B) to examine best practices to reduce the
Applied Research Open-RAN testbed, includ- shall award grants to private sector entities incidence and negative consequences of such
ing functionality, project configuration and based in the United States to participate in harassment.
capacity, performance, security require- eligible standards-setting bodies. (2) USE OF FUNDS.—Activities funded by a
ments, and quality assurance; (B) PRIORITIZATION.—The Secretary shall grant under this subsection may include—
(B) adopt any rules as necessary, in con- prioritize grants awarded under this section (A) research on the sexual harassment ex-
sultation with the Federal Communications to private sector entities that would not oth- periences of individuals in underrepresented
Commission; and erwise be able to participate in eligible or vulnerable groups, including communities
(C) begin the development of the Applied standards-setting bodies without the grant. of color, disabled individuals, foreign nation-
Research Open-RAN testbed, including seek- (3) GRANT CRITERIA.—Not later than 180 als, sexual- and gender-minority individuals,
ing stakeholder input as required by para- days after the date on which amounts are ap- and others;
graph (7). propriated under paragraph (5), the Sec- (B) development and assessment of poli-
(9) REPORT.—Not later than 1 year after retary, in collaboration with the Assistant cies, procedures, trainings, and interven-
the date of enactment of this division, the Secretary, shall establish criteria for the tions, with respect to sexual harassment,
Assistant Secretary shall submit to the grants awarded under paragraph (2). conflict management, and ways to foster re-
Committee on Commerce, Science and (4) CONSULTATION WITH FEDERAL COMMU- spectful and inclusive climates;
Transportation of the Senate and the Com- NICATIONS COMMISSION.—The Secretary shall (C) research on approaches for remediating
mittee on Energy and Commerce of the consult with the Federal Communications the negative impacts and outcomes of such
House of Representatives a report on the Commission in— harassment on individuals experiencing such
findings of the testbed and any recommenda- (A) determining criteria for the grants harassment;
tions for additional legislative or regulatory awarded under paragraph (2); and (D) support for institutions of higher edu-
actions relating to the work of the testbed. (B) determining which standards-setting cation or nonprofit organizations to develop,
(10) AUTHORIZATION OF APPROPRIATIONS.— bodies, if any, in addition to the standards- adapt, implement, and assess the impact of
(A) IN GENERAL.—There are authorized to setting bodies listed in paragraph (1)(B)(ii) innovative, evidence-based strategies, poli-
be appropriated for the administration of the are eligible standards-setting bodies. cies, and approaches to policy implementa-
Applied Research Open-RAN testbed (5) AUTHORIZATION OF APPROPRIATIONS.— tion to prevent and address sexual harass-
$20,000,000 for fiscal year 2022, to remain (A) IN GENERAL.—There are authorized to ment;
available until expended. be appropriated for grants under paragraph (E) research on alternatives to the power
(B) RULE OF CONSTRUCTION.—Nothing in (2) $30,000,000 in total for fiscal years 2022 dynamics and hierarchical and dependent re-
paragraph (6) shall be construed to obligate through 2025, to remain available until ex- lationships in academia that have been
FirstNet or any other Federal entity to pay pended. shown to create higher levels of risk for and
for the cost of the Applied Research Open- (B) ADMINISTRATIVE COSTS.—The Secretary lower levels of reporting of sexual harass-
RAN testbed created under this section in may use not more than 2 percent of any ment; and
the absence of the appropriation of amounts funds appropriated under this paragraph for (F) research related to the ongoing com-
under this paragraph. the administration of the grant program es- pilation, management, and analysis of orga-
(C) AUTHORIZATION FOR VOLUNTARY SUP- tablished under this subsection. nizational climate survey data.
PORT.—A Federal entity, including FirstNet, SEC. 2521. COMBATTING SEXUAL HARASSMENT IN (d) DATA COLLECTION.—Not later than 180
may voluntarily enter into an agreement SCIENCE. days after the date of enactment of this divi-
with NTIA to provide monetary or nonmone- (a) DEFINITIONS.—This section may be cited sion, the Director, through the National Cen-
tary support for the Applied Research Open- as the ‘‘Combating Sexual Harassment in ter for Science and Engineering Statistics
ctelli on DSK11ZRN23PROD with SENATE
RAN testbed. Science Act of 2021’’. and with guidance from the Office of Man-
(b) PARTICIPATION IN STANDARDS-SETTING (b) DEFINITIONS.—In this section: agement and Budget given their oversight of
BODIES.— (1) DIRECTOR.—The term ‘‘Director’’ means the Federal statistical agencies, shall con-
(1) DEFINITIONS.—In this section— the Director of the National Science Founda- vene a working group composed of represent-
(A) the term ‘‘Assistant Secretary’’ means tion. atives of Federal statistical agencies—
the Assistant Secretary of Commerce for (2) FEDERAL SCIENCE AGENCY.—The term (1) to develop questions on sexual harass-
Communications and Information; ‘‘Federal science agency’’ means any Federal ment in science, technology, engineering,
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S2630 CONGRESSIONAL RECORD — SENATE May 18, 2021
and mathematics departments to gather na- (B) not later than 6 months after the date annual basis the number of determinations
tional data on the prevalence, nature, and on which the inventory is submitted under of sexual harassment at that institution or
implications of sexual harassment in institu- subparagraph (A)— organization;
tions of higher education that builds on the (i) in consultation with outside stake- (D) recipients that receive funds from Fed-
work conducted by the National Center for holders, develop a set of policy guidelines for eral science agencies to regularly assess and
Science and Engineering Statistics in re- Federal science agencies; and improve policies, procedures, and interven-
sponse to recommendations from the Na- (ii) submit a report to the committees re- tions to reduce the prevalence of and im-
tional Academies to develop questions on ferred to in subparagraph (A) containing prove the reporting of sexual harassment;
harassment; and such guidelines; (E) each entity applying for Federal assist-
(2) to include such questions as appro- (C) encourage Federal science agencies to ance awards from a Federal science agency
priate, with sufficient protections of the pri- develop or maintain and implement policies to have a code of conduct for maintaining a
vacy of respondents, in relevant surveys con- based on the guidelines developed under sub- healthy and welcoming workplace for grant
ducted by the National Center for Science paragraph (B); personnel posted on their public website;
and Engineering Statistics and other rel- (D) not later than 1 year after the date on (F) each recipient that receives funds from
evant entities. which the inventory under subparagraph (A) Federal science agencies to have in place
is submitted, and every 5 years thereafter, mechanisms for the re-integration of individ-
(e) RESPONSIBLE CONDUCT GUIDE.— the Director of the Office of Science and uals who have experienced sexual harass-
(1) IN GENERAL.—Not later than 180 days Technology Policy shall report to Congress ment; and
after the date of enactment of this division, on the implementation by Federal science (G) recipients that receive funds from Fed-
the Director shall enter into an agreement agencies of the policy guidelines developed eral science agencies to work to create a cli-
with the National Academies to update the under subparagraph (B); and mate intolerant of sexual harassment and
report entitled ‘‘On Being a Scientist: A (E) update such policy guidelines as need- that values and promotes diversity and in-
Guide to Responsible Conduct in Research’’ ed. clusion.
issued by the National Academies. The re- (2) REQUIREMENTS.— (4) FEDERAL SCIENCE AGENCY IMPLEMENTA-
port, as so updated, shall include— (A) IN GENERAL.—In developing policy TION.—Each Federal science agency shall—
(A) updated professional standards of con- guidelines under paragraph (1)(B), the Direc- (A) develop or maintain and implement
duct in research; tor of the Office of Science and Technology policies with respect to sexual harassment
(B) standards of treatment individuals can Policy shall consider guidelines that require, that are consistent with policy guidelines
expect to receive under such updated stand- to the extent practicable— under paragraph (1)(B) and that protect the
ards of conduct; (i) recipients to submit to the Federal privacy of all parties involved in any report
(C) evidence-based practices for fostering a science agency or agencies from which the and investigation of sexual harassment; and
climate intolerant of sexual harassment; recipients receive funding reports relating (B) broadly disseminate such policies to
(D) methods, including bystander interven- to— current and potential recipients of research
tion, for identifying and addressing incidents (I) any decision made to launch a formal grants awarded by such agency.
of sexual harassment; investigation of sexual harassment by, or of, (g) NATIONAL ACADEMIES ASSESSMENT.—Not
(E) professional standards for mentorship grant personnel; and later than 3 years after the date of enact-
and teaching with an emphasis on power dif- (II) findings or determinations of sexual ment of this division, the Director shall
fusion mechanisms and preventing sexual harassment by, or of, grant personnel, in- enter into an agreement with the National
harassment; cluding the final disposition of a matter in- Academies to undertake a study and issue a
(F) recommended vetting and hiring prac- volving a violation of organizational policies report on the influence of sexual harassment
tices scientific research entities are urged to and processes, to include the exhaustion of in institutions of higher education on the ca-
implement to eliminate serial harassers; and permissible appeals, or a conviction of a sex- reer advancement of individuals in the sci-
(G) other topics as the National Academies ual offense in a criminal court of law; entific, engineering, technical, and mathe-
determines appropriate. (ii) the updating and sharing of reports of matics workforce. The study shall assess—
(2) RECOMMENDATIONS.—In updating the re- sexual harassment submitted under clause (i) (1) the state of research on sexual harass-
port under paragraph (1), the National Acad- with relevant Federal science agencies by ment in such workforce;
emies shall take into account recommenda- agency request; and (2) whether research demonstrates a de-
tions made in the report issued by the Na- (iii) consistency among relevant Federal crease in the prevalence of sexual harass-
agencies with regards to the policies and pro- ment in such workforce;
tional Academies in 2018 entitled ‘‘Sexual
cedures for receiving reports submitted pur- (3) the progress made with respect to im-
Harassment of Women: Climate, Culture, and
suant to clause (i). plementing recommendations promulgated
Consequences in Academic Sciences, Engi-
(B) FERPA.—The Director of the Office of in the National Academies consensus study
neering, and Medicine’’ and other relevant
Science and Technology Policy shall ensure report entitled ‘‘Sexual Harassment of
studies and evidence.
that such guidelines and requirements are Women: Climate, Culture, and Consequences
(3) REPORT.—Not later than 18 months
consistent with the requirements of section in Academic Sciences, Engineering, and Med-
after the effective date of the agreement
444 of the General Education Provisions Act icine’’;
under paragraph (1), the National Academies,
(20 U.S.C. 1232g) (commonly referred to as (4) where to focus future efforts with re-
as part of such agreement, shall submit to
the ‘‘Family Educational Rights and Privacy spect to decreasing sexual harassment in
the Director and the Committee on Science, Act of 1974’’).
Space, and Technology of the House of Rep- such institutions, including specific rec-
(C) PRIVACY PROTECTIONS.—The Director of ommendations; and
resentatives and the Committee on Com- the Office of Science and Technology Policy
merce, Science, and Transportation of the (5) other recommendations and issues, as
shall ensure that such guidelines and re- the National Academies determines appro-
Senate the report referred to in such sub- quirements—
section, as updated pursuant to such sub- priate.
(i) do not infringe upon the privacy rights (h) GOVERNMENT ACCOUNTABILITY OFFICE
section. of individuals associated with reports sub- STUDY.—Not later than 3 years after the date
(f) POLICY GUIDELINES.— mitted to Federal science agencies; and of enactment of this division, the Comp-
(1) RESPONSIBILITIES OF OSTP.—The Direc- (ii) do not require recipients to provide in- troller General of the United States shall—
tor of the Office of Science and Technology terim reports to Federal science agencies. (1) complete a study that assesses the de-
Policy, in coordination with the working (3) CONSIDERATIONS.—In developing policy gree to which Federal science agencies have
group on inclusion in STEM fields estab- guidelines under paragraph (1)(B), the Direc- implemented the policy guidelines developed
lished under section 308 of the American In- tor of the Office of Science and Technology under subsection (f)(1)(B) and the effective-
novation and Competitiveness Act (42 U.S.C. Policy shall consider protocols that require ness of that implementation; and
6626) and the Safe Inclusive Research Envi- or incent— (2) submit a report to the Committee on
ronments Subcommittee of the National (A) recipients that receive funds from Fed- Science, Space, and Technology of the House
Science and Technology Council, and in con- eral science agencies to periodically assess of Representatives and the Committee on
sultation with representatives from each their organizational climate, which may in- Commerce, Science, and Transportation of
Federal science agency, the Department of clude the use of climate surveys, focus the Senate on the results of such study, in-
Education, and the Equal Employment Op- groups, or exit interviews; cluding recommendations on potential
portunity Commission, shall— (B) recipients that receive funds from Fed- changes to practices and policies to improve
(A) not later than 90 days after the date of eral science agencies to publish on a publicly those guidelines and that implementation.
the enactment of this division, submit to the available internet website the results of as- (i) HARASSMENT ON THE BASIS OF PREG-
ctelli on DSK11ZRN23PROD with SENATE
Committee on Science, Space, and Tech- sessments conducted pursuant to paragraph NANCY STATUS.—The Director of the Office of
nology of the House of Representatives and (1), disaggregated by gender and, if possible, Science and Technology Policy, in consulta-
the Committee on Commerce, Science, and race, ethnicity, disability status, and sexual tion with the Equal Employment Oppor-
Transportation of the Senate an inventory of orientation, and in a manner that does not tunity Commission, shall develop a defini-
Federal science agency policies, procedures, include personally identifiable information; tion of ‘‘harassment on the basis of preg-
and resources dedicated to preventing and (C) recipients that receive funds from Fed- nancy status’’ for the purposes of carrying
responding to reports of sexual harassment; eral science agencies to make public on an out this section.
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May 18, 2021 CONGRESSIONAL RECORD — SENATE S2631
SEC. 2522. NATIONAL SCIENCE CORPS. bers of the National Science Corps, includ- (A) develop and serve the community of
(a) PURPOSE.—It is the purpose of this sec- ing— National Science Corps members within the
tion to elevate the profession of STEM (A) uniform selection criteria that in- region, in coordination local partners to
teaching by establishing a National Science cludes— carry out day-to-day activities;
Corps that identifies outstanding STEM (i) deep knowledge of STEM content and (B) coordinate professional development
teachers in our Nation’s classrooms, rewards pedagogy; activities, including activities led by Na-
them for their accomplishments, elevates (ii) a passion for STEM subjects and dedi- tional Science Corps members;
their public profile, and creates rewarding cation to teaching, evidence of leadership (C) connect National Science Corps mem-
career paths to which all STEM teachers can skills, and potential for continued career bers with existing educator professional de-
aspire, both to prepare future STEM re- growth as an educator; and velopment programs and coordinate mem-
searchers and to create a scientifically lit- (iii) demonstrated experience increasing bers’ involvement as cooperating teachers or
erate public. STEM student achievement and STEM par- mentors;
(b) DEFINITIONS.—In this section: ticipation rates for all students, particularly (D) seek opportunities to involve teachers
(1) ADMINISTRATOR.—The term ‘‘Adminis- those from rural and high-need schools; and who are not members of the National
trator’’ means the Administrator of the Na- (B) a uniform selection process, including a Science Corps to participate in National
tional Science Corps. comprehensive application that includes rec- Science Corps activities; and
(2) ELIGIBLE APPLICANT.—The term ‘‘eligi- ommendations and other relevant profes- (E) build partnerships with existing edu-
ble applicant’’ means a STEM teacher who sional information; cation organizations and other efforts by
has not less than 2 years of STEM teaching (2) build an infrastructure to support the State educational agencies and local edu-
experience and is employed as a public functions and operations of the National cational agencies that operate programs rel-
school classroom instructor on the date of Science Corps; evant to the National Science Corps and its
selection. (3) promote the National Science Corps and activities;
(3) ELIGIBLE ENTITY.—The term ‘‘eligible elevate best practices that emerge from the (2) recruit eligible applicants, with a focus
entity’’ means— National Science Corps to a national audi- on recruiting diverse STEM educators based
(A) an institution of higher education (as ence; on race, ethnicity, sex, socioeconomic sta-
defined in section 101(a) of the Higher Edu- (4) evaluate the operation and effectiveness tus, age, disability status, and language abil-
cation Act of 1965 (20 U.S.C. 1001(a)); of the regional centers; and ity;
(B) a State educational agency (as defined (5) evaluate the overall and long-term im- (3) screen, interview, and select members
in section 8101 of the Elementary and Sec- pact of the National Science Corps by— of the National Science Corps using proce-
ondary Education Act of 1965 (20 U.S.C. (A) documenting, monitoring, and assess- dures and standards provided by the Admin-
7801)); ing the program outcomes or impact on the istrator;
(C) a local educational agency (as defined STEM careers of participants; and (4) coordinate the online network that sup-
in section 8101 of the Elementary and Sec- (B) documenting, monitoring, and assess- ports all National Science Corps members in
ondary Education Act of 1965 (20 U.S.C. ing the program outcomes for the STEM edu- the region;
7801)); and cation profession nationwide, particularly (5) convene occasional meetings of Na-
(D) a consortium composed of 1 or more of for rural and high-need schools.
tional Science Corps members in a region;
the entities described in subparagraph (A), (e) STEM EDUCATION ADVISORY BOARD.—
(6) create opportunities for the professional
(B), or (C), or all 3, and 1 of the following en- (1) ESTABLISHMENT.—There is established a
growth of National Service Corps members,
tities: STEM Education Advisory Board to oversee
with a focus on increasing STEM student
(i) An education nonprofit association. the operations of the National Science Corps
achievement and STEM participation rates
(ii) A cross sector STEM organization. for the length of the pilot program.
for all students, particularly those from
(iii) A private entity, including a STEM-re- (2) COMPOSITION.—
rural and high-need schools; and
lated business. (A) IN GENERAL.—The members of the
(7) support the retention and success of Na-
(4) HIGH-NEED SCHOOL.—The term ‘‘high- STEM Education Advisory Board shall com-
tional Science Corps members in the region.
need school’’ has the meaning given the term ply with the following:
(g) DUTIES OF MEMBERS OF THE NATIONAL
in section 2211(b) of the Elementary and Sec- (i) Be appointed by the Director. SCIENCE CORPS.—An eligible applicant that is
ondary Education Act of 1965 (20 U.S.C. (ii) Include a representative from each of selected by a regional center to be a member
6631(b)). the following: of the National Science Corps shall—
(5) NATIONAL SCIENCE CORPS CENTRAL ENTI- (I) School leaders. (1) serve a 4-year term with a possibility of
TY.—The term ‘‘National Science Corps cen- (II) STEM researchers. reappointment;
tral entity’’ means an office of the Founda- (III) STEM education researchers. (2) receive an annual stipend in an amount
tion that— (IV) Business leaders. of up to $15,000; and
(A) operates the National Science Corps in (V) Kindergarten through grade 12 STEM (3) have substantial responsibilities, in-
accordance with the purposes of this section; educators. cluding—
(B) serves as a national convener to im- (VI) Students pursuing a postsecondary (A) working with other members of the Na-
prove STEM instruction, including improv- STEM degree. tional Science Corps to develop and improve
ing the diversity of students participating in (B) STEM EDUCATION ADVISORY COMMITTEE innovative teaching practices, including
STEM education and STEM teachers; IN EXISTENCE.—The Director may assign the
practices such as inquiry-based learning;
(C) serves as standard-bearer and evaluator duties of the STEM Education Advisory (B) participating in professional develop-
of regional centers; and Board, described in paragraph (3), to an advi- ment on innovative teaching methodology
(D) is headed by the Administrator, who sory committee of the Foundation in exist- and mentorship; and
reports to the Director. ence on the date of enactment of this divi- (C) continuing to excel in teaching the
(6) PROFESSIONAL DEVELOPMENT.—The term sion. member’s own students, with a focus on ad-
‘‘professional development’’ has the meaning (3) DUTIES OF THE STEM EDUCATION ADVI- vancing equity by spending additional time
given the term in section 8101 of the Elemen- SORY BOARD.—In overseeing the operations of
teaching and coaching underserved students
tary and Secondary Education Act of 1965 (20 the National Science Corps, the STEM Edu- to increase STEM student achievement and
U.S.C. 7801). cation Advisory Board shall— STEM participation rates for students from
(7) REGIONAL CENTER.—The term ‘‘regional (A) create a steering committee that is rural and high-need schools.
center’’ means a regional center of the Na- comprised of STEM educators and research- (h) EVALUATIONS.—The Administrator shall
tional Science Corps. ers representing a variety of STEM fields evaluate the activities of the regional cen-
(8) STEM.—The term ‘‘STEM’’ means and representing geographic diversity, to ters every 2 years.
science, technology, engineering, and mathe- help establish the National Science Corps in (i) AUTHORIZATION OF APPROPRIATIONS.—
matics, including computer science. its initial phases; and Out of funds authorized under section 2106,
(9) STEM EDUCATION ADVISORY BOARD.—The (B) provide a direct connection of the Na- there are authorized to be appropriated
term ‘‘STEM Education Advisory Board’’ tional Science Corps to the existing research $100,000,000 in fiscal years 2022 through 2026
means the Advisory Board for the National and education communities, ensuring that to carry out this section.
Science Corps established under subsection the National Science Corps program is con- SEC. 2523. ANNUAL REPORT ON FOREIGN RE-
(e). sistent with the aspirations of both. SEARCH.
(c) ESTABLISHMENT OF NATIONAL SCIENCE (f) DUTIES OF THE REGIONAL CENTERS.—The (a) IN GENERAL.—Not later than 180 days
CORPS.—There is established a National Administrator shall award not less than 10 after the date of enactment of this division,
Science Corps 5-year pilot program to be ad- and not more than 20 grants, on a competi- and not less frequently than every 2 years
ctelli on DSK11ZRN23PROD with SENATE
ministered by the Administrator, who shall tive basis, to establish regional centers at el- thereafter, the Director shall prepare and
be appointed by the Director, and overseen igible entities. Each regional center shall— submit a report to the relevant congres-
by the STEM Education Advisory Board. (1) engage local partners, which may in- sional committees regarding the research
(d) DUTIES OF THE ADMINISTRATOR.—The clude local educational agencies, institu- funding from the National Science Founda-
Administrator shall— tions of higher education, STEM organiza- tion provided to foreign entities.
(1) create a process and standards for selec- tions, or education nonprofit organizations, (b) CONTENTS.—The report submitted under
tion of eligible applicants to become mem- to— subsection (a) shall include the following:
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S2632 CONGRESSIONAL RECORD — SENATE May 18, 2021
(1) The total amount of National Science (4) prohibit co-location with the institu- search expenditures of over $100,000,000 shall
Foundation funds provided to research insti- tion’s Chinese language, history, and cul- develop an agency research public access pol-
tutions in foreign countries. tural programs and require separate pro- icy that is consistent with and advances the
(2) A complete list of projects funded by motional materials. purposes of the Federal agency.
the National Science Foundation provided to (d) SPECIAL RULE.— (ii) COMMON PROCEDURES.—To the extent
foreign entities, including for each project— (1) IN GENERAL.—Notwithstanding any practicable, Federal agencies required to de-
(A) a complete abstract; other provision of this section, this section velop a policy under clause (i) shall follow
(B) the previous fiscal year’s funding shall not apply to an institution of higher common procedures for the collection and
amount; education if that institution has fulfilled the depositing of research papers.
(C) whether they have a connection to a requirements— (B) CONTENT.—Each Federal research pub-
foreign government and to what extent the (A) for a waiver from the Department of lic access policy shall provide for—
connection exists; Defense as described under section 1062 of the (i) submission to a digital repository des-
(D) the names of principal investigators; National Defense Authorization Act for Fis- ignated or maintained by the Federal agency
and cal Year 2021 (Public Law 116-283); or of an electronic version of the author’s final
(E) a specific justification for funding the (B) under section 6122 with respect to fund- manuscript of original research papers that
research abroad instead of in the United ing the provided under the Higher Education have been accepted for publication in peer-
States. Act of 1965 (20 U.S.C. 1001 et seq.), except reviewed journals and that result from re-
SEC. 2524. ACCELERATING UNMANNED MARITIME funds provided under title IV of such Act. search supported, in whole or in part, from
SYSTEMS RESEARCH. (2) EXCEPTION.—Notwithstanding any other funding by the Federal Government;
(a) IN GENERAL.—In order to support ad- provision of this section, the prohibition (ii) the incorporation of any changes re-
vances in marine science and security at sea, under subsection (b) shall not apply to sulting from the peer review publication
the Director shall issue awards, on a com- amounts provided to students as educational process in the manuscript described under
petitive basis, to institutions of higher edu- assistance. clause (i);
cation or nonprofit organizations (or con- (e) EFFECTIVE DATE.—The limitation under (iii) the replacement of the final manu-
sortia of such institutions or organizations) subsection (b) shall apply with respect to the script with the final published version if—
to support basic and applied research that first fiscal year that begins after the date (I) the publisher consents to the replace-
will accelerate innovation to advance un- that is 2 years after the date of enactment of ment; and
manned maritime systems for the purpose of this Act and to any subsequent fiscal year (II) the goals of the Federal agency for
providing greater maritime domain aware- subject to subsection (f). functionality and interoperability are re-
ness to the Nation. (f) SUNSET.—This section shall cease to be tained;
(b) PARTNERSHIPS.—In implementing this effective on the date that is 5 years after the (iv) free online public access to such final
section, the Director shall establish partner- peer-reviewed manuscripts or published
date of enactment of this Act.
ships with other Federal agencies, including versions within a time period that is appro-
SEC. 2526. SUPPORTING DOCUMENTS.
those established under the Commercial En- priate for each type of research conducted or
gagement Through Ocean Technology Act of (a) IN GENERAL.— To ensure the security of
sponsored by the Federal agency, not later
2018 (Public Law 115–394). research products developed under this divi-
than 12 months after publication in peer-re-
(c) USE OF NSF OCEANOGRAPHIC RESEARCH sion, the Director shall, on an annual basis,
viewed journals, preferably sooner, or as ad-
VESSELS.—The Director may leverage the re- request from an institution of higher edu-
justed under established mechanisms;
sources and capabilities of the consortium cation receiving an award made available by (v) providing research papers as described
operating the Directorate’s regional class re- the National Science Foundation Tech- in clause (iv) in formats and under terms
search vessels to complement the research in nology and Innovation Directorate under that enable productive reuse of the research
unmanned maritime systems. this division— and computational analysis by state-of-the-
SEC. 2525. FOUNDATION FUNDING TO INSTITU- (1) final copies of any contracts, agree- art technologies;
TIONS HOSTING OR SUPPORTING ments, or documentation of financial trans-
CONFUCIUS INSTITUTES.
(vi) improving the ability of the public to
actions between the institution, a founda- locate and access research papers made ac-
(a) DEFINITIONS.—In this section— tion of the institution, or related entities, cessible under the Federal research public
(1) the term ‘‘Confucius Institute’’ means a and any educational, cultural, or language access policy; and
cultural institute established as a partner- entity that is directly or indirectly funded (vii) long-term preservation of, and free
ship between a United States institution of by the Government of the People’s Republic public access to, published research find-
higher education and a Chinese institution of of China; and ings—
higher education to promote and teach Chi- (2) a detailed description of any financial (I) in a stable digital repository main-
nese language and culture that is funded, di- contributions from the Government of the tained by the Federal agency; or
rectly or indirectly, by the Government of People’s Republic of China or its affiliates to (II) if consistent with the purposes of the
the People’s Republic of China; and the institution, a foundation of the institu- Federal agency, in any repository meeting
(2) the term ‘‘institution of higher edu- tion, or related entities. conditions determined favorable by the Fed-
cation’’ has the meaning given the term in (b) OFFICE OF THE INSPECTOR GENERAL.— eral agency, including free public access,
section 102 of the Higher Education Act of The Director may request an investigation interoperability, and long-term preservation.
1965 (20 U.S.C. 1002). by the Office of the Inspector General into (C) APPLICATION OF POLICY.—Each Federal
(b) RESTRICTIONS OF CONFUCIUS INSTI- the research security practices of an institu- research public access policy shall—
TUTES.—Except as provided in subsection (d), tion of higher education and, as appropriate, (i) apply to—
none of the funds made available to the recommend revocation of funding for rel- (I) researchers employed by the Federal
Foundation under this Act, or an amend- evant grants, in the case that— agency whose works remain in the public do-
ment made by this Act, may be obligated or (1) an institution of higher education fails main; and
expended to an institution of higher edu- to provide information requested under sub-
cation that maintains a contract or agree- (II) researchers funded by the Federal
section (a); or agency;
ment between the institution and a Confu- (2) a review of the information under sub-
cius Institute, unless the Director, after con- (ii) provide that works described under
section (a) by the Chief of Research Security clause (i)(I) shall be—
sultation with the National Academies of
indicates threats to research security. (I) marked as being public domain material
Science, Engineering, and Medicine, deter-
SEC. 2527. BASIC RESEARCH. when published; and
mines such a waiver is appropriate in accord-
ance with subsection (c). (a) NONDISCLOSURE OF MEMBERS OF GRANT (II) made available at the same time such
(c) WAIVER.—The Director, after consulta- REVIEW PANEL.—Notwithstanding any other works are made available under subpara-
tion with the National Academies of Science, provision of law, each agency that awards a graph (B)(iv); and
Engineering, and Medicine, may issue a Federal research grant shall not disclose, ei- (iii) make effective use of any law or guid-
waiver for an institution of higher education ther publicly or privately, to an applicant ance relating to the creation and reservation
that maintains a contract or agreement be- for such grant the identity of any member of of a Government license that provides for
tween the institution and a Confucius Insti- the grant review panel for such applicant. the reproduction, publication, release, or
tute if such contract or agreement includes (b) PUBLIC ACCESSIBILITY OF RESEARCH other uses of a final manuscript for Federal
clear provisions that— FUNDED BY TAXPAYERS.— purposes.
(1) protect academic freedom at the insti- (1) DEFINITION OF FEDERAL AGENCY.—In this (D) EXCLUSIONS.—Each Federal research
tution; section, the term ‘‘Federal agency’’ means public access policy shall not apply to—
(2) prohibit the application of any foreign an Executive agency, as defined under sec- (i) research progress reports presented at
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