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


The text of the bill below is as of May 13, 2021 (Reported by Senate Committee).


II

Calendar No. 58

117th CONGRESS

1st Session

S. 1260

IN THE SENATE OF THE UNITED STATES

April 20, 2021

(for himself, Mr. Young, Ms. Hassan, Ms. Collins, Mr. Coons, Mr. Portman, Ms. Baldwin, Mr. Graham, Mr. Peters, Mr. Blunt, Mr. Daines, Mr. Van Hollen, Mr. Romney, and Mr. Kelly) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

May 13, 2021

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Endless Frontier Act.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Sense of Congress.

Sec. 4. Interagency working group.

Sec. 5. Key technology focus areas.

TITLE I—NSF Technology and Innovation

Sec. 101. Definitions.

Sec. 102. Directorate establishment and purpose.

Sec. 103. Personnel management.

Sec. 104. Innovation centers.

Sec. 105. Transition of NSF programs.

Sec. 106. Providing scholarships, fellowships, and other student support.

Sec. 107. Research and development.

Sec. 108. Test beds.

Sec. 109. Academic technology transfer.

Sec. 110. Capacity-building program for developing universities.

Sec. 111. Technical assistance.

Sec. 112. Coordination of activities.

Sec. 113. Reporting requirements.

Sec. 114. Hands-on learning program.

Sec. 115. Intellectual property protection.

Sec. 116. Authorization of appropriations for the Foundation.

Sec. 117. Authorization of appropriations for the Department of Energy.

TITLE II—NSF research, STEM, and geographic diversity initiatives

Sec. 201. Chief Diversity Officer of the NSF.

Sec. 202. Programs to address the STEM workforce.

Sec. 203. Emerging research institution pilot program.

Sec. 204. Personnel management authorities for the Foundation.

Sec. 205. Advanced Technological Manufacturing Act.

Sec. 206. Intramural emerging institutions pilot program.

Sec. 207. Public-private partnerships.

Sec. 208. AI Scholarship-for-Service Act.

Sec. 209. Geographic diversity.

Sec. 210. Rural STEM Education Act.

Sec. 211. Quantum Network Infrastructure and Workforce Development Act.

Sec. 212. Supporting Early-Career Researchers Act.

Sec. 213. Advancing Precision Agriculture Capabilities Act.

Sec. 214. Critical minerals mining research.

Sec. 215. Caregiver policies.

Sec. 216. Presidential awards.

Sec. 217. Bioeconomy Research and Development Act of 2021.

Sec. 218. Microgravity Utilization Policy.

TITLE III—Research security

Sec. 301. National science foundation research security.

Sec. 302. Research security and integrity information sharing analysis organization.

Sec. 303. Foreign government talent recruitment program prohibition.

Sec. 304. Additional requirements for directorate research security.

Sec. 305. Protecting research from cyber theft.

Sec. 306. International standards development.

Sec. 307. Research funds accounting.

Sec. 308. Plan with respect to sensitive or controlled information and background screening.

TITLE IV—Regional innovation capacity

Sec. 401. Regional technology hubs.

Sec. 402. Manufacturing USA Program.

Sec. 403. Establishment of expansion awards program in Hollings Manufacturing Extension Partnership and authorization of appropriations for the Partnership.

Sec. 404. National Manufacturing Advisory Council.

TITLE V—Miscellaneous

Sec. 501. Strategy and report on economic security, science, research, and innovation to support the national security strategy.

Sec. 502. Person or entity of concern prohibition.

Sec. 503. Study on emerging science and technology challenges faced by the United States and recommendations to address them.

Sec. 504. Report on global semiconductor shortage.

Sec. 505. Supply chain resiliency program.

Sec. 506. Semiconductor incentives.

Sec. 507. Research investment to spark the Economy Act.

Sec. 508. Office of manufacturing and industrial innovation policy.

Sec. 509. Telecommunications Workforce Training Grant Program.

Sec. 510. Country Of Origin Labeling Online Act.

Sec. 511. Country of origin labeling for king crab and tanner crab.

Sec. 512. Internet exchanges and submarine cables.

Sec. 513. Study of sister city partnerships operating within the United States involving foreign communities in countries with significant public sector corruption.

Sec. 514. Prohibition on transfer, assignment, or disposition of construction permits and station licenses to entities subject to undue influence by the Chinese Communist Party or the Government of the People's Republic of China.

Sec. 515. Limitation on nuclear cooperation with the People’s Republic of China.

Sec. 516. Certification.

Sec. 517. Fairness and due process in standards-setting bodies.

Sec. 518. Shark fin sales elimination.

Sec. 519. Sense of Congress on forced labor.

Sec. 520. Open network architecture.

Sec. 521. Combatting Sexual Harassment in Science.

TITLE VI—Space matters

Subtitle A—SPACE Act

Sec. 601. Short title.

Sec. 602. Sense of Congress.

Sec. 603. Definitions.

Sec. 604. Space situational awareness data, information, and services: provision to non-United States Government entities.

Sec. 605. Centers of Excellence for Space Situational Awareness.

Subtitle B—National Aeronautics and Space Administration Authorization Act

Sec. 611. Short title.

Sec. 612. Definitions.

PART I—Authorization of appropriations

Sec. 613. Authorization of appropriations.

PART II—Human spaceflight and exploration

Sec. 614. Competitiveness within the human landing system program.

Sec. 615. Space launch system configurations.

Sec. 616. Advanced spacesuits.

Sec. 617. Acquisition of domestic space transportation and logistics resupply services.

Sec. 618. Rocket engine test infrastructure.

Sec. 619. Pearl River maintenance.

Sec. 620. Value of International Space Station and capabilities in low-Earth orbit.

Sec. 621. Extension and modification relating to International Space Station.

Sec. 622. Department of Defense activities on International Space Station.

Sec. 623. Commercial development in low-Earth orbit.

Sec. 624. Maintaining a national laboratory in space.

Sec. 625. International Space Station national laboratory; property rights in inventions.

Sec. 626. Data first produced during non-NASA scientific use of the ISS national laboratory.

Sec. 627. Payments received for commercial space-enabled production on the ISS.

Sec. 628. Stepping stone approach to exploration.

Sec. 629. Technical amendments relating to Artemis missions.

PART III—Science

Sec. 631. Science priorities.

Sec. 632. Lunar discovery program.

Sec. 633. Search for life.

Sec. 634. James Webb Space Telescope.

Sec. 635. Wide-Field Infrared Survey Telescope.

Sec. 636. Study on satellite servicing for science missions.

Sec. 637. Earth science missions and programs.

Sec. 638. Life science and physical science research.

Sec. 639. Science missions to Mars.

Sec. 640. Planetary Defense Coordination Office.

Sec. 641. Suborbital science flights.

Sec. 642. Earth science data and observations.

Sec. 643. Sense of Congress on small satellite science.

Sec. 644. Sense of Congress on commercial space services.

Sec. 645. Procedures for identifying and addressing alleged violations of scientific integrity policy.

PART IV—Aeronautics

Sec. 646. Short title.

Sec. 647. Definitions.

Sec. 648. Experimental aircraft projects.

Sec. 649. Unmanned aircraft systems.

Sec. 650. 21st Century Aeronautics Capabilities Initiative.

Sec. 651. Sense of Congress on on-demand air transportation.

Sec. 652. Sense of Congress on hypersonic technology research.

PART V—Space technology

Sec. 653. Space Technology Mission Directorate.

Sec. 654. Flight opportunities program.

Sec. 655. Small Spacecraft Technology Program.

Sec. 656. Nuclear propulsion technology.

Sec. 657. Mars-forward technologies.

Sec. 658. Prioritization of low-enriched uranium technology.

Sec. 659. Sense of Congress on next-generation communications technology.

Sec. 660. Lunar surface technologies.

PART VI—STEM engagement

Sec. 661. Sense of Congress.

Sec. 662. STEM education engagement activities.

Sec. 663. Skilled technical education outreach program.

Sec. 664. National space grant college and fellowship program.

PART VII—Workforce and industrial base

Sec. 665. Appointment and compensation pilot program.

Sec. 666. Establishment of multi-institution consortia.

Sec. 667. Expedited access to technical talent and expertise.

Sec. 668. Report on industrial base for civil space missions and operations.

Sec. 669. Separations and retirement incentives.

Sec. 670. Confidentiality of medical quality assurance records.

PART VIII—Miscellaneous provisions

Sec. 671. Contracting authority.

Sec. 672. Authority for transaction prototype projects and follow-on production contracts.

Sec. 673. Protection of data and information from public disclosure.

Sec. 674. Physical security modernization.

Sec. 675. Lease of non-excess property.

Sec. 676. Cybersecurity.

Sec. 677. Limitation on cooperation with the People's Republic of China.

Sec. 678. Consideration of issues related to contracting with entities receiving assistance from or affiliated with the People’s Republic of China.

Sec. 679. Small satellite launch services program.

Sec. 680. 21st century space launch infrastructure.

Sec. 681. Missions of national need.

Sec. 682. Drinking water well replacement for Chincoteague, Virginia.

Sec. 683. Passenger carrier use.

Sec. 684. Use of commercial near-space balloons.

Sec. 685. President’s Space Advisory Board.

Sec. 686. Initiative on technologies for noise and emissions reductions.

Sec. 687. Remediation of sites contaminated with trichloroethylene.

Sec. 688. Review on preference for domestic suppliers.

Sec. 689. Report on use of commercial spaceports licensed by the Federal Aviation Administration.

Sec. 690. Active orbital debris mitigation.

Sec. 691. Study on commercial communications services.

2.

Definitions

Unless otherwise specified, in this Act:

(1)

Apprenticeship

The term apprenticeship means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations.

(2)

Director

The term Director means the Director of the National Science Foundation.

(3)

Directorate

The term Directorate means the Directorate for Technology and Innovation established under section 102.

(4)

Emerging research institution

The term emerging research institution means an institution of higher education with an established undergraduate or graduate program that has, on average for the 3 years prior to an application for an award under this Act, received less than $50,000,000 in Federal research funding.

(5)

EPSCoR

The term EPSCoR means the Established Program to Stimulate Competitive Research under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g).

(6)

Foundation

The term Foundation means the National Science Foundation.

(7)

Historically Black college or university

The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

(8)

Institution of higher education

The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(9)

Key technology focus areas

The term key technology focus areas means the areas included on the most recent list under section 5.

(10)

Minority-serving institution

The term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(11)

STEM

The term STEM means the academic and professional disciplines of science, technology, engineering, and mathematics, including computer science.

3.

Sense of Congress

It is the sense of Congress that—

(1)

the National Science Foundation, the Department of Energy and its National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), and other key Federal agencies have carried out vital work supporting basic and applied research to create knowledge that is a key driver of the economy of the United States and a critical component of national security;

(2)

openness to diverse perspectives and a focus on freedom from censorship and political bias will continue to make educational and research institutions in the United States beacons to thousands of students from across the world;

(3)

increasing research and technology transfer investments, building regional capacity and reducing geographic disparity, strengthening supply chains, and increasing capabilities in key technology focus areas will enhance the competitive advantage and leadership of the United States in the global economy;

(4)

the Federal Government must utilize the full talent and potential of the entire Nation by avoiding undue geographic concentration of research and education funding, encouraging broader participation of populations underrepresented in STEM, and collaborating with non-government partners to ensure the leadership of the United States in technological innovation; and

(5)

authorization and funding for investments in research, education, technology transfer, intellectual property, manufacturing, and other core strengths of the United States innovation ecosystem, including at the National Science Foundation and the Department of Energy, should be done on a bipartisan basis.

4.

Interagency working group

(a)

Establishment

The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish or designate an interagency working group to coordinate the activities specified in subsection (c).

(b)

Composition

The interagency working group shall be composed of the following members (or their designees), who may be organized into subcommittees, as appropriate:

(1)

The Secretary of Commerce.

(2)

The Director of the National Science Foundation.

(3)

The Secretary of Energy.

(4)

The Secretary of Defense.

(5)

The Director of the National Economic Council.

(6)

The Director of the Office of Management and Budget.

(7)

The Secretary of Health and Human Services.

(8)

The Administrator of the National Aeronautics and Space Administration.

(9)

The Secretary of Agriculture.

(10)

The Director of National Intelligence.

(11)

The Director of the Federal Bureau of Investigation.

(12)

Such other Federal officials as the Director of the Office of Science and Technology Policy considers appropriate, including members of the National Science and Technology Council Committee on Technology.

(c)

Coordination

The interagency working group shall ensure that the activities of different Federal agencies enhance and complement, but, as appropriate, do not duplicate, efforts being carried out by another Federal agency, with a focus on—

(1)

the activities of the National Science Foundation Technology and Innovation Directorate in the key technology focus areas, such as within the innovation centers under section 104 and test beds under section 108 under this Act;

(2)

the activities of the Department of Commerce under this Act, including regional technology hubs under section 28 of the Stevenson-Wydler Act of 1980 (15 U.S.C. 13701 et seq.), the Manufacturing USA Program established under section 34(b)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(b)(1)), and the Hollings Manufacturing Extension Partnership;

(3)

the activities of the Department of Energy in the key technology focus areas, including at the national laboratories, as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801), and at Federal laboratories, as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703), and facilities and user facilities operated in partnership with such national laboratories or the Department of Energy; and

(4)

any other program that the Director of the Office of Science and Technology Policy determines involves research and development with respect to the key technology focus areas.

(d)

Report

The interagency working group shall—

(1)

by not later than 180 days after the date of enactment of this Act—

(A)

conduct an initial review of Federal programs and resources with respect to the key technology focus areas identified pursuant to section 5(a), in order to—

(i)

assess current level of efforts and characterize existing research infrastructure, as of the date of the review;

(ii)

identify potential areas of overlap or duplication with respect to the key technology focus areas; and

(iii)

identify potential cross-agency collaborations and joint funding opportunities; and

(B)

review whether Federal investments in the key technology focus areas have resulted in new domestic manufacturing capacity and job creation;

(C)

submit a report regarding the review described in subparagraph (A) to Congress; and

(D)

seek stakeholder input and recommendations in the course of such review;

(2)

shall carry out the annual reviews and updates required under section 5.

(e)

Detailed description

The National Science Foundation and the Department of Energy shall, in coordination with the Office of Management and Budget, submit as part of their annual budget requests to Congress, a detailed description of the activities to be funded under this Act, including an explanation of how the requested funding is complementary and not redundant of programs, efforts, and infrastructure undertaken or supported by other relevant Federal agencies.

(f)

Conflicts

If any conflicts between Federal agencies arise while carrying out the activities under this section, the President shall make the final decision regarding resolution of the conflict.

5.

Key technology focus areas

(a)

In General

(1)

Initial list

The initial key technology focus areas are:

(A)

Artificial intelligence, machine learning, autonomy, and related advances.

(B)

High performance computing, semiconductors, and advanced computer hardware and software.

(C)

Quantum information science and technology.

(D)

Robotics, automation, and advanced manufacturing.

(E)

Natural and anthropogenic disaster prevention or mitigation.

(F)

Advanced communications technology and immersive technology.

(G)

Biotechnology, medical technology, genomics, and synthetic biology.

(H)

Data storage, data management, distributed ledger technologies, and cybersecurity, including biometrics.

(I)

Advanced energy, batteries, and industrial efficiency, including advanced nuclear technologies for the purposes of electric generation (consistent with section 15 of the National Science Foundation Act of 1950 (42 U.S.C. 1874).

(J)

Advanced materials science, including composites and 2D materials.

(2)

Review and updates

The Director and the Secretary of Energy, in coordination with the interagency working group established under section 4 and in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall annually review, and update as required, the list of key technology focus areas for purposes of this Act.

(b)

Annual review

In annually reviewing and updating (as necessary) the list of key technology focus areas, the Director of the National Science Foundation and the Secretary of Energy, in coordination with the interagency working group established under section 4—

(1)

shall consider input from relevant industries;

(2)

may consider the challenges and recommendations identified in the report required by section 503 and in other relevant reports, such as technology and global trend reports from the defense and intelligence communities;

(3)

shall consider the potential impact of the key technology focus areas on addressing national challenges, including competitive and security threats to the United States and to United States industries, including agriculture; and

(4)

subject to the limitation under subsection (c), may add or delete key technology focus areas in light of shifting national needs or competitive threats to the United States (including for reasons of the United States or other countries having advanced or fallen behind in a technological area).

(c)

Limit on key technology focus areas

Not more than 10 key technology focus areas shall be included on the list of key technology focus areas at any time. Engineering and exploration relevant to the other key technology focus areas described in this section shall be considered part of the relevant key technology focus area.

(d)

Reporting

The Director and the Secretary of Energy shall annually deliver a report to Congress detailing—

(1)

the key technology focus areas and rationale for their selection;

(2)

the role of the Foundation, the Department of Energy, and other Federal entities, as relevant, in advancing the key technology focus areas; and

(3)

the impact, including to the academic research community, of any changes to the key technology focus areas.

(e)

National academies

Not later than 5 years after the date of enactment of this Act, the Director shall contract with the National Academies of Sciences, Engineering, and Medicine to conduct a review of the key technology focus areas.

I

NSF Technology and Innovation

101.

Definitions

In this title:

(1)

Designated country

(A)

In general

The term designated country

(i)

except as provided in clause (ii), means—

(I)

Australia;

(II)

Canada;

(III)

New Zealand;

(IV)

the United Kingdom;

(V)

the State of Israel;

(VI)

Taiwan; and

(VII)

any other country that has been approved and designated in writing by the President for purposes of this Act, after providing—

(aa)

not less than 30 days of advance notification and explanation to the relevant congressional committees before the designation; and

(bb)

in-person briefings to such committees, if requested during the 30-day advance notification period described in item (aa); and

(ii)

excludes any country that takes actions to boycott, divest from, or sanction Israel.

(B)

Actions to boycott, divest from, or sanction Israel

For purposes of subparagraph (A)(ii), the term actions to boycott, divest from, or sanction Israel has the meaning given such term in section 102(b)(20)(B) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201(b)(20)(B)).

(2)

Labor organization

The term labor organization has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include—

(A)

any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and

(B)

any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents—

(i)

individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof;

(ii)

individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or

(iii)

individuals employed as agricultural laborers.

(3)

National laboratory

The term National Laboratory has the meaning given the term in section 3 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

(4)

Tribal College or university

The term Tribal College or University has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)).

102.

Directorate establishment and purpose

(a)

Establishment of directorate for technology and innovation

Subject to the availability of appropriations and not later than 180 days after the date of enactment of this Act, the Director shall establish a Directorate for Technology and Innovation in the Foundation.

(b)

Purposes

The Directorate shall further the following purposes:

(1)

Strengthening the leadership of the United States in critical technologies, including as relevant to the critical national needs described in section 7018 of the America COMPETES Act (42 U.S.C. 1862o–5).

(2)

Addressing and mitigating technology challenges integral to the geostrategic position of the United States through the activities authorized by this title.

(3)

Enhancing the competitiveness of the United States by improving education in the key technology focus areas and attracting more students to such areas at all levels of education.

(4)

Accelerating the translation and development of scientific advances in the key technology focus areas into processes and products in the United States.

(5)

Utilizing the full potential of the United States workforce by avoiding undue geographic concentration of research and development and education funding across the United States, and encouraging broader participation in the key technology focus areas by populations underrepresented in STEM.

(6)

Ensuring the programmatic work of the Directorate and Foundation incorporates a workforce perspective from labor organizations and workforce training organizations.

(c)

Activities

The Directorate—

(1)

shall support basic and applied research, and technology development of such research, including through awards to individual researchers, entities, or consortia and through diverse funding mechanisms and models;

(2)

shall identify and develop opportunities to coordinate and collaborate on research, development, and commercialization—

(A)

with other directorates and offices of the Foundation;

(B)

with stakeholders in academia, the private sector, and nonprofit entities; and

(C)

with other Federal research agencies, as well as State and local governments;

(3)

shall provide awards for research and development projects designed to achieve specific technology metrics or objectives;

(4)

may support research and technology development infrastructure, including testbeds, to advance the development, operation, integration, and deployment of innovation;

(5)

shall identify and develop opportunities to reduce barriers for technology transfer, including intellectual property frameworks between academia and industry, nonprofit entities, and the venture capital communities;

(6)

shall build capacity for research at institutions of higher education across the United States;

(7)

shall partner with other directorates and offices of the Foundation for projects or research, including—

(A)

to pursue basic questions about natural, human, and physical phenomena that could enable advances in the key technology focus areas;

(B)

to study questions that could affect the design (including human interfaces), safety, security, operation, deployment, or the social and ethical consequences of technologies in the key technology focus areas, including the development of technologies that complement or enhance the abilities of workers and impact of specific innovations on domestic jobs and equitable opportunity; and

(C)

to further the creation of a domestic workforce capable of advancing, using, and adapting to key technology focus areas and understanding and improving the impact of key technology focus areas on STEM teaching and learning by advancing the key technology focus areas, including engaging relevant partners in research and innovation programs;

(8)

may make awards under the SBIR and STTR programs (as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e)); and

(9)

may enter into and perform such contracts, make such financial assistance awards, carry out such other transactions, or make such other arrangements, or modifications thereof, as may be necessary in the conduct of the work of the Directorate and on such terms as the Director considers appropriate, in furtherance of the purposes of this title.

(d)

Assistant director

(1)

Appointment

The Director shall appoint an Assistant Director for the Directorate, in the same manner as other Assistant Directors of the Foundation are appointed.

(2)

Qualifications

Each Assistant Director for the Directorate shall be an individual, who by reason of professional background and experience, is specially qualified to advise the Foundation on all matters pertaining to research, development, and commercialization at the Foundation, including partnerships with the private sector and other users of Foundation funded research.

(e)

Considerations

After completion of the studies regarding emerging technologies conducted by the Secretary of Commerce under title XV of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Director shall consider the results of such studies in carrying out the activities of the Directorate.

103.

Personnel management

(a)

Personnel

The Director shall establish and maintain within the Directorate a staff with sufficient qualifications and expertise to enable the Directorate to carry out its responsibilities under this title.

(b)

Program directors

(1)

Designation

The Director may designate employees to serve as program directors for the programs established within the Directorate pursuant to the responsibilities established under paragraph (2). The Director shall ensure that program directors—

(A)

have expertise in the key technology focus areas; and

(B)

come from a variety of backgrounds, including industry, and from a variety of institutions of higher education.

(2)

Responsibilities

A program director of a program of the Directorate shall be responsible for—

(A)

establishing research and development goals for the program, including through the convening of workshops and conferring with outside experts and by publicizing the goals of the program to the public and private sectors;

(B)

soliciting proposals from entities to conduct research in areas of particular promise within key technology focus areas, especially areas that the private sector or the Federal Government are not likely to undertake alone;

(C)

identifying areas for research and development;

(D)

building research collaborations for carrying out the program;

(E)

reviewing applications for projects to be supported under the program, and considering—

(i)

the novelty and scientific and technical merit of the proposed projects;

(ii)

broader impacts criteria under section 526 of the National Science Foundation Authorization Act of 2010 (42 U.S.C. 1862p–14);

(iii)

the demonstrated capabilities of the applicants to successfully carry out the proposed project;

(iv)

the consideration by the applicant of future commercial applications of the project, including the feasibility of partnering with 1 or more commercial entities; and

(v)

such other criteria as are established by the Director; and

(F)

monitoring the progress of projects supported under the program and recommending program restructure or termination, as needed.

(3)

Terms

Program directors of the Directorate may be appointed by the Director for a limited term, renewable at the discretion of the Director.

(c)

Selection criteria and report

(1)

Peer review

The Directorate may use a peer review process to inform the selection of award recipients.

(2)

Report

Not later than 18 months after the establishment of the Directorate, the Director shall prepare and submit a report to Congress regarding the use of alternative methods for the selection of award recipients and the distribution of funding to recipients, as compared to the traditional peer review process.

(d)

Rule of construction

Nothing in this section shall be construed to modify the authority of the Director or the National Science Board with respect to the selection of recipients for funding from the Foundation.

104.

Innovation centers

(a)

University technology center program

(1)

In General

From amounts made available to the Directorate, the Director shall establish a program in the Directorate to make awards, through a competitive selection process, to eligible entities to establish university technology centers.

(2)

Purpose

The purpose of the university technology centers shall be to—

(A)

conduct multi-disciplinary, collaborative basic and applied research, relevant to at least one of the key technology focus areas;

(B)

leverage the expertise of multi-disciplinary and multi-sector partners, including partners from private industry;

(C)

further the development, deployment, and commercialization of innovations, including inventions, in the key technology focus areas, including those derived from the activities of the university technology center; and

(D)

support the development of scientific, innovation, entrepreneurial, and educational capacity within the region of the university technology center.

(3)

Use of funds

University technology centers established under this subsection may use support provided—

(A)

to carry out research to advance innovation in the key technology focus areas;

(B)

for technology development activities such as proof-of-concept development, prototyping, design modification, experimental development, and other actions to reduce the cost, time, and risk of commercializing new technologies;

(C)

for the costs of equipment and cyberinfrastructure;

(D)

for the costs associated with technology transfer and commercialization, including patenting and licensing; or

(E)

for operations and staff.

(4)

Selection process

In selecting recipients under this subsection, the Director shall consider, in addition to the scientific and technical merit of the proposal—

(A)

maximizing regional and geographic diversity of the university technology centers, including by considering rural-serving institutions of higher education (as defined in section 861(b) of the Higher Education Act of 1965 (20 U.S.C. 1161a(b));

(B)

the extent to which the applicant’s proposal would broaden participation by populations underrepresented in STEM;

(C)

the capacity of the applicant to engage industry, labor, and other appropriate organizations and, where applicable, contribute to growth in domestic manufacturing capacity and job creation;

(D)

in the case of a consortium, the extent to which the proposal includes institutions listed in paragraph (7)(C)(ii);

(E)

the amount of funds from industry organizations described in paragraph (5)(A)(ii) the applicant would use towards establishing the university technology center;

(F)

the plan and capability of the applicant to take measures to prevent the inappropriate use of the research and technology of the center, including research results, data, and intellectual property, as appropriate and consistent with the requirements of the relevant award; and

(G)

the plan and capability of the applicant to support proof-of-concept development and prototyping as well as technology transfer and commercialization activities.

(5)

Requirements

(A)

In General

The Director shall ensure that any eligible entity receiving an award under this subsection has—

(i)

the capacity or the ability to acquire the capacity to advance the purposes described in section 102(b); and

(ii)

secured contributions for establishing the university technology center under this subsection from industry or other non-Federal organizations in an amount not less than 10 percent of the total amount of the award the eligible entity would receive under this subsection.

(B)

Consortium Eligibility

To be eligible to receive an award for the establishment and operation of a university technology center, a consortium shall be composed of not fewer than 2 entities as described in paragraph (7)(C) and operate subject to a binding agreement, entered into by each member of the consortium, that documents—

(i)

the proposed partnership agreement, including the governance and management structure of the university technology center;

(ii)

measures the consortium will undertake to enable cost-effective implementation of activities under paragraph (3);

(iii)

a proposed budget, including financial contributions from non-Federal sources; and

(iv)

the plan for ownership and use of any intellectual property developed by the center.

(6)

Support of regional technology hubs

Each university technology center established under this subsection may support and participate in, as appropriate, the activities of any regional technology hub designated under section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as amended by section 401 of this Act.

(7)

Eligible entity

In this subsection, the term eligible entity means—

(A)

an individual institution of higher education;

(B)

a nonprofit entity; or

(C)

a consortium that—

(i)

shall include and be led by an institution of higher education or by a nonprofit entity, designed to support technology development;

(ii)

shall include 1 or more institution that is—

(I)

a historically Black college or university;

(II)

a Tribal College or University;

(III)

a minority-serving institution (or an institution of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and other Indians);

(IV)

an institution that participates in the Established Program to Stimulate Competitive Research under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g);

(V)

an emerging research institution; or

(VI)

a community college; and

(iii)

may include 1 or more—

(I)

additional entities described in subparagraph (A) or (B);

(II)

industry entities, including startups, small businesses, and public-private partnerships;

(III)

economic development organizations or venture development organizations, as such terms are defined in section 28(a) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 13701 et seq.), as amended by section 401 of this Act;

(IV)

National Laboratories;

(V)

Federal laboratories, as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703);

(VI)

Federal research facilities;

(VII)

labor organizations;

(VIII)

entities described in subparagraph (A) or (B) from allied or partner countries;

(IX)

other entities if determined by the Director to be vital to the success of the program; and

(X)

binational research and development foundations and funds, excluding foreign entities of concern, as defined in section 307.

(b)

Innovation institute

(1)

In General

The Director shall establish innovation institutes to further the research, development, and commercialization of innovation in the key technology focus areas.

(2)

Partnerships

(A)

In General

Each innovation institute shall be comprised of a partnership including 2 or more of the following entities:

(i)

An institution of higher education.

(ii)

A for-profit company.

(iii)

A nonprofit organization.

(iv)

A Federal agency.

(v)

Another entity, if that entity is determined by the Director to be vital to the success of the program.

(B)

Co-equal

Each entity comprising the institute shall, to the extent practicable, work as co-equal partners in terms of funding and research efforts in support of the institute.

(C)

Institutional or organizational level

The Director shall work to ensure that such partnerships exist at the institutional or organization level, rather than solely at the principal investigator level.

(3)

Cost share

To the extent practicable, not less than half of the funding for an institute shall be provided by non-Federal entities.

(c)

Number of centers and institutes established

The Director shall endeavor to establish a balance in the number of university technology centers and innovation institutes.

105.

Transition of NSF programs

The Director may transition the management of existing programs of the National Science Foundation that conduct activities in addition to basic research to the Directorate, including—

(1)

Convergence Accelerator;

(2)

Industry-University Cooperative Research Centers;

(3)

National AI Research Institutes;

(4)

Innovation Corps (I-Corps), as described in section 601 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-8); and

(5)

any other programs that the Director considers appropriate.

106.

Providing scholarships, fellowships, and other student support

(a)

In general

The Director, acting through the Directorate, shall fund undergraduate scholarships (including at community colleges), graduate fellowships and traineeships, and postdoctoral awards in the key technology focus areas.

(b)

Implementation

The Director may carry out subsection (a) by making awards—

(1)

directly to students; and

(2)

to institutions of higher education or consortia of institutions of higher education, including those institutions or consortia involved in operating university technology centers established under section 104(a).

(c)

Broadening participation

In carrying out this section, the Director shall take steps to increase the participation of populations that are underrepresented in STEM, which may include—

(1)

establishing or augmenting programs targeted at populations that are underrepresented in STEM;

(2)

supporting traineeships or other relevant programs at minority-serving institutions (or institutions of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and other Indians);

(3)

addressing current and expected gaps in the availability or skills of the STEM workforce, or addressing needs of the STEM workforce, including by increasing educational capacity at institutions and by prioritizing awards to United States citizens, permanent residents, and individuals that will grow the domestic workforce; and

(4)

addressing geographic diversity in the STEM workforce.

(d)

Innovation

In carrying out this section, the Director shall encourage innovation in graduate education, including through encouraging institutions of higher education to offer graduate students opportunities to gain experience in industry or Government as part of their graduate training, and through support for students in professional masters programs related to the key technology focus areas.

(e)

Areas of funding support

Subject to the availability of funds to carry out this section, the Director shall—

(1)

issue—

(A)

postdoctoral awards,

(B)

graduate fellowships and traineeships, inclusive of the NSF Research Traineeships and fellowships awarded under the Graduate Research Fellowship Program; and

(C)

scholarships, including undergraduate scholarships, research experiences, and internships, including—

(i)

scholarships to attend community colleges; and

(ii)

research experiences and internships under sections 513, 514, and 515 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–5; 1862p–6; 1862p–7);

(2)

ensure that not less than 10 percent of the funds made available to carry out this section are used to support additional awards that focus on community college training, education, and teaching programs that increase the participation of populations that are underrepresented in STEM, including technical programs through programs such as the Advanced Technological Education program;

(3)

ensure that not less than 20 percent of the funds made available to carry out this section are used to support institutions of higher education, and other institutions, located in jurisdictions that participate in the program under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g); and

(4)

if funds remain after carrying out paragraphs (1), (2), and (3), make awards to institutions of higher education to enable the institutions to fund the development and establishment of new or specialized programs of study for graduate, undergraduate, or technical college students and the evaluation of the effectiveness of those programs of study.

(f)

Existing programs

The Director may use or augment existing STEM education programs of the Foundation and leverage education or entrepreneurial partners to carry out this section.

107.

Research and development

(a)

In general

From amounts made available for the Directorate, the Director shall make awards, on a competitive basis, for research and technology development within the key technology focus areas.

(b)

Purpose

The purpose of the awards under this section shall be to demonstrate revolutionary technological advances in the key technology focus areas, including advances that expedite short-term technology deployment.

(c)

Recipients

Recipients of funds under this section may include institutions of higher education, research institutions, nonprofit entities, private sector entities, consortia, or other entities as defined by the Director.

(d)

Metrics

The Director may set metrics, including goals and deadlines, for development of such technology as determined in the terms of the award, and may use such metrics to determine whether an award recipient shall be eligible for continued or follow-on funding. The Director shall ensure that the length of the grants for applicants seeking to demonstrate revolutionary technological advances to expedite short-term technology deployment last no longer than 24 months.

(e)

Selection criteria

In selecting recipients for an award under this section, the Director shall consider, at a minimum—

(1)

the relevance of the project to the key technology focus areas;

(2)

the current status of the technology, the limits of current practice, and the likelihood of the private sector to independently demonstrate a similar technological advance;

(3)

the potential of the project to generate a revolutionary technological advance, including advances that can expedite short-term technology deployment;

(4)

the potential impact of the project on the economic security, national security, or technological competitiveness of the United States;

(5)

the likelihood of the project’s success;

(6)

the cost and time associated with the project;

(7)

the appropriateness of quantitative goals and metrics for evaluating the project and a plan for evaluating those metrics; and

(8)

the path for developing and, as appropriate commercializing, the technology.

108.

Test beds

(a)

Program authorized

(1)

In general

From amounts made available for the Directorate, the Director, in coordination with the Director of the National Institute of Standards and Technology and other Federal agencies, as determined appropriate by the Director, shall establish a program in the Directorate to make awards, on a competitive basis, to institutions of higher education, nonprofit organizations, or consortia (as defined in section 104(a)(7)(C)) to establish and operate test beds, which may include fabrication facilities and cyberinfrastructure, to advance the development, operation, integration, deployment, and, as appropriate, demonstration of new, innovative technologies in the key technology focus areas, which may include hardware or software.

(2)

Coordination

In establishing new test beds under this section, the Director shall ensure coordination with other test beds supported by the Foundation or other Federal agencies to avoid duplication and maximize the use of Federal resources.

(b)

Proposals

An applicant for an award under this section shall submit a proposal to the Director, at such time, in such manner, and containing such information as the Director may reasonably require. The proposal shall, at a minimum, describe—

(1)
(A)

the technology or technologies that will be the focus of the test bed; and

(B)

the goals of the work to be done at the test bed;

(2)

how the applicant will assemble a workforce with the skills needed to operate the test bed;

(3)

how the applicant will ensure broad access to the test bed;

(4)

how the applicant will collaborate with firms in the key technology focus areas, including through coordinated research and development and funding, to ensure that work in the test bed will contribute to the commercial viability of any technologies and will include collaboration from industry and labor organizations;

(5)

how the applicant will encourage the participation of inventors and entrepreneurs and the development of new businesses;

(6)

how the applicant will increase participation by populations that are underrepresented in STEM;

(7)

how the applicant will demonstrate that the commercial viability of any new technologies will support the creation of high-quality domestic jobs;

(8)

how the test bed will operate after Federal funding has ended;

(9)

how the test bed will disseminate lessons and other technical information to United States entities or allied or partner country entities in the United States; and

(10)

how the applicant plans to take measures to prevent the inappropriate use of research results, data, and intellectual property, as applicable and consistent with the requirements of the award.

(c)

Authorized use of funds

A recipient of an award under this section may, in order to achieve the purposes described in subsection (a), use the award for the purchase of equipment and for the support of students, faculty and staff, and postdoctoral researchers.

(d)

Priority

In selecting award recipients under this section, the Director shall give priority to applicants with proposals that maximize the geographic diversity of test beds.

(e)

Interagency annual meetings

The Director, the Secretary of Commerce, and the heads of other Federal departments and agencies, or their designees, with test bed related equities shall hold an annual meeting to coordinate their respective test bed related investments, future plans, and other appropriate matters, to avoid conflicts and duplication of efforts. Upon request by Congress, Congress shall be briefed on the results of the meetings.

109.

Academic technology transfer

(a)

In general

From amounts made available to the Directorate, the Director, in coordination with the Director of the National Institute of Standards and Technology and other Federal agencies as determined appropriate by the Director, shall make awards, on a competitive basis, to eligible entities to advance the development and commercialization of technologies, particularly those in the key technology focus areas.

(b)

Eligible entities

To be eligible to receive an award under this section, an entity shall be—

(1)

an institution of higher education, which may be a community college;

(2)

a nonprofit entity that is either affiliated with an institution of higher education or designed to support technology development or entrepreneurship; or

(3)

a consortium that includes—

(A)

an entity described in paragraph (1) or (2) as the lead award recipient; and

(B)

one or more additional individuals or entities, which shall be—

(i)

an economic development organization or similar entity that is focused primarily on improving science, technology, innovation, or entrepreneurship;

(ii)

an industry organization or firm in a relevant technology or innovation sector;

(iii)

an industry-experienced executive with entrepreneurship experience that is focused primarily on de-risking technologies from both a scientific and a business perspective; or

(iv)

an individual or entity with industry- and startup- experienced business expertise, including a mentor network, across relevant technology or innovation sectors.

(c)

Proposals

An eligible entity desiring an award under this section shall submit a proposal to the Director at such time, in such manner, and containing such information as the Director may require. The proposal shall include, at a minimum, a description of—

(1)

the steps the applicant will take to enable technology transfer and to reduce the risks for commercialization for new technologies and why such steps are likely to be effective;

(2)

how the applicant will encourage the training and participation of students and potential entrepreneurs and the transition of research results to practice, including the development of new businesses;

(3)

as relevant, potential steps to drive economic growth in a particular region, by collaborating with industry, venture capital entities, nonprofit entities, and State and local governments within that region; and

(4)

background information that the Director determines is relevant to demonstrate the success of the innovation and entrepreneurship support models proposed by the applicant to commercialize technologies.

(d)

Academic technology transfer enhancement program

(1)

In general

The Director, in coordination with the Director of the National Institute of Standards and Technology, shall make awards, on a competitive basis, to support eligible entities in building sustainable technology transfer capacity.

(2)

Use of funds

An eligible entity that receives an award under this subsection shall use award funds to carry out one or more of the following:

(A)

Identifying academic research with the potential for technology transfer and commercialization, particularly as relevant to the key technology focus areas.

(B)

Providing training and support to scientists, engineers, and inventors on technology transfer, commercialization, and research protection.

(C)

Offsetting the costs of patenting and licensing research products, both domestically and internationally.

(D)

Revising institution policies, including policies related to intellectual property and faculty entrepreneurship, and taking other necessary steps to implement relevant best practices for academic technology transfer.

(E)

Ensuring the availability of staff, including technology transfer professionals, entrepreneurs in residence, and other mentors as required to accomplish the purpose of this subsection.

(F)

Identifying and facilitating relationships among local and national business leaders, including investors, and potential entrepreneurs to encourage successful commercialization.

(G)

Creating and funding competitions to allow entrepreneurial ideas to illustrate their commercialization potential, including through venture funds of institutions of higher education.

(H)

Creating or supporting entities that could enable researchers to further develop new technology, through capital investment, advice, staff support, or other means.

(I)

Building technology transfer capacity at institutions of higher education.

(3)

Limitations on funding

In awarding funding under this subsection, the Director shall—

(A)

award not more than $1,000,000 per fiscal year to an eligible entity;

(B)

in determining the duration of funding, endeavor to ensure the creation of sustainable technology transfer practices at the eligible entity; and

(C)

ensure that grants under this subsection shall not support the development or operation of capital investment funds.

(e)

Collaborative innovation resource center program

(1)

In general

The Director shall make awards under this subsection to eligible entities to establish collaborative innovation resource centers that promote regional technology transfer and technology development activities available to more than one institution of higher education and to other entities in a region.

(2)

Collaboration priority

In making awards under this subsection, the Director shall give priority to eligible entities that are consortia described in subsection (b)(3) and that have a cost share, which may include an in-kind cost share, from members of a consortium, at levels as required by the Director.

(3)

Use of funds

An eligible entity that receives an award under this subsection shall use award funds to carry out one or more of the following activities, to the benefit of the region in which the center is located:

(A)

Providing start-ups and small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) within the region with access to facilities, scientific infrastructure, personnel, and other assets as required for technology maturation.

(B)

Supporting entrepreneurial training for start-up and small business personnel.

(C)

Providing engineering and entrepreneurial experiences and hands-on training for students enrolled in participating institutions of higher education.

(f)

Reporting on commercialization based on metrics

The Director shall establish—

(1)

metrics related to commercialization for an award under this section; and

(2)

a reporting schedule for recipients of such awards that takes into account both short- and long-term goals of the programs under this section.

(g)

Geographic diversity

The Director shall ensure regional and geographic diversity in issuing awards under this section.

(h)

Supplement not supplant

The Director shall ensure that funds made available under this section shall be used to create additional support for technology transfer activities at eligible entities. For the duration of the awards, recipients shall be required to maintain funding for such activities at similar levels as the funding for those activities for the 2 fiscal years preceding the award.

110.

Capacity-building program for developing universities

(a)

In general

The Director shall establish a program in the Directorate to make awards, on a competitive basis, to eligible institutions described in subsection (b) to support the mission of the Directorate and to build institutional research capacity at eligible institutions.

(b)

Eligible institution

(1)

In general

To be eligible to receive an award under this section, an institution—

(A)

shall be—

(i)

a historically Black college or university;

(ii)

a minority-serving institution; or

(iii)

an institution of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and other Indians; and

(B)

shall have not more than $50,000,000 in annual federally-financed research and development expenditures for science and engineering as reported through the National Science Foundation Higher Education Research and Development Survey.

(2)

Partnerships

An eligible institution receiving a grant under this section may carry out the activities of the grant through a partnership with other entities, including other eligible institutions.

(c)

Proposals

To receive an award under this section, an eligible institution shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require, including a plan that describes how the eligible institution will establish or expand research office capacity and how such award would be used to—

(1)

conduct an assessment of capacity-building and research infrastructure needs of an eligible institution;

(2)

enhance institutional resources to provide administrative research development support to faculty at an eligible institution;

(3)

bolster the institutional research competitiveness of an eligible institution to support grants awarded by the Directorate;

(4)

support the acquisition of instrumentation necessary to build research capacity at an eligible institution in research areas directly associated with the Directorate;

(5)

increase capability of an eligible institution to move technology into the marketplace;

(6)

increase engagement with industry to execute research through the SBIR and STTR programs (as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e)) and direct contracts at an eligible institution;

(7)

provide student engagement and research training opportunities at the undergraduate, graduate, and postdoctoral levels at an eligible institution;

(8)

further faculty development initiatives and strengthen institutional research training infrastructure, capacity, and competitiveness of an eligible institution; or

(9)

address plans and prospects for long-term sustainability of institutional enhancements at an eligible institution resulting from the award including, if applicable, how the award may be leveraged by an eligible institution to build a broader base of support.

(d)

Awards

Awards made under this section shall be for periods of 3 years, and may be extended for periods of not more than 5 years.

(e)

Funding

From the amounts made available to carry out section 104 under section 116 for each of fiscal years 2022 through 2026, the Director shall use $150,000,000 for each such fiscal year to carry out this section.

111.

Technical assistance

The Director may—

(1)

coordinate with other Federal agencies to establish interagency and multidisciplinary teams to provide technical assistance to recipients of, and prospective applicants for, awards under this title;

(2)

by Federal interagency agreement and notwithstanding any other provision of law, transfer funds available to carry out this title to the head of another Federal agency to facilitate and support the provision of such technical assistance; and

(3)

enter into contracts with third parties to provide such technical assistance.

112.

Coordination of activities

(a)

In general

In carrying out the activities of the Directorate, the Director and the heads of other Federal research agencies, as appropriate, shall work cooperatively to further the goals of this title in the key technology focus areas.

(b)

Coordination with NIST and department of energy

The Director shall, as appropriate, work in coordination with the Director of the National Institute of Standards and Technology and the Secretary of Energy.

(c)

Avoid duplication

The Director shall ensure, to the greatest extent appropriate, that activities carried out by the Directorate are not duplicative of activities supported by other parts of the Foundation or other relevant Federal agencies. In carrying out the activities prescribed by this Act, the Director and heads of other Federal research agencies shall cooperate to avoid duplication of effort and to ensure the responsible stewardship of funds.

(d)

Comptroller general report

Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report to Congress, and shall simultaneously submit the report to the Director and the Director of the Office of Science and Technology Policy, describing the interagency cooperation that occurred during the preceding years pursuant to this section, including a list of—

(1)

any funds provided from the Directorate to other directorates and offices of the Foundation; and

(2)

any instances in which unnecessary duplication of effort may have occurred.

113.

Reporting requirements

(a)

Reports

Not later than 1 year after the date of enactment of this Act and annually thereafter, the Director, in coordination with the heads of relevant Federal agencies, shall prepare and submit to Congress—

(1)

a strategic vision and spending plan for the next 5 years for the Directorate, including a description of how the Foundation will increase funding for research and education for populations underrepresented in STEM and geographic areas;

(2)

in coordination with the Secretary of State, a description of any funds the Foundation may plan to receive from—

(A)

entities other than institutions of higher education; and

(B)

certain designated countries; and

(3)

a description of the planned activities of the Directorate to secure federally funded science and technology pursuant to section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note) and section 223 of William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) and the requirements under title III.

(b)

Annual briefing

Each year, the Director shall formally request a briefing from the Secretary of Defense, the Secretary of Commerce, the Director of the Federal Bureau of Investigation, the Director of National Intelligence, and as appropriate the heads of other Federal agencies regarding their efforts to preserve the United States’ advantages generated by the activity of the Directorate.

(c)

Providing authority To disseminate information

Section 11 of the National Science Foundation Act of 1950 (42 U.S.C. 1870) is amended—

(1)

in subsection (j), by striking and after the semicolon;

(2)

in subsection (k), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(l)

to provide for the widest practicable and appropriate dissemination of information within the United States concerning the Foundation’s activities and the results of those activities.

.

114.

Hands-on learning program

(a)

Findings

Congress finds the following:

(1)

Developing a robust, talented, and homegrown workforce, particularly in the fields of STEM, is critical to the success of the United States innovation economy.

(2)

The United States educational system is not producing a sufficient number of workers with the necessary STEM expertise to meet the needs of the United States industry in STEM fields.

(3)

Hands-on and experiential learning opportunities outside of the classroom are critical for student success in STEM subjects and careers, stimulating students’ interest, increasing confidence, and creating motivation to pursue a related career.

(4)

Hands-on and experiential learning opportunities can be particularly successful in inspiring interest in students who traditionally have been underrepresented in STEM fields, including girls, students of color, and students from disadvantaged backgrounds.

(5)

An expansion of hands-on and experiential learning programs across the United States would expand the STEM workforce pipeline, developing and training students for careers in STEM fields.

(b)

Definitions

(1)

ESEA terms

The terms elementary school, high school, secondary school, and State have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2)

Eligible nonprofit program

The term eligible nonprofit program

(A)

means a nonprofit program serving prekindergarten, elementary school, or secondary school students; and

(B)

includes a program described in subparagraph (A) that covers the continuum of education from prekindergarten through high school and is available in every State.

(c)

Purposes

The purposes of this section are to—

(1)

provide effective, compelling, and engaging means for teaching and reinforcing fundamental STEM concepts and inspiring the youth of the United States to pursue careers in STEM-related fields;

(2)

expand the STEM workforce pipeline by developing and training students for careers in United States STEM fields; and

(3)

broaden participation in the STEM workforce by underrepresented population groups.

(d)

Program authorized

(1)

In general

Subject to the availability of appropriations for such purposes, the Director shall—

(A)

provide grants to eligible nonprofit programs for supporting hands-on learning opportunities in STEM education, including via after-school activities and innovative learning opportunities such as robotics competitions; and

(B)

evaluate the impact of such hands-on learning opportunities on STEM learning and disseminate the results of that evaluation.

(2)

Priority

In awarding grants under the program, the Director shall give priority to eligible nonprofit programs serving students that attend elementary, secondary, or high schools that—

(A)

are implementing comprehensive support and improvement activities or targeted support and improvement activities under paragraph (1) or (2) of section 1111(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d)); or

(B)

serve high percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school).

(e)

Authorization of appropriations

From the amounts made available to carry out section 106 under section 116 for each of fiscal years 2022 through 2026, the Director shall use $25,000,000 for each such fiscal year to carry out this section.

115.

Intellectual property protection

Consistent with the requirements for the award, all intellectual property that is developed through the Foundation, or any program that has received funding through this Act (or an amendment made by this Act), shall not be transferred to—

(1)

any foreign entity of concern, as defined in section 307(a);

(2)

any United States subsidiary, division, or chapter of such a foreign entity of concern; or

(3)

any for-profit, or nonprofit, partnership that includes such a foreign entity of concern in the partnership.

116.

Authorization of appropriations for the Foundation

(a)

Fiscal year 2022

(1)

Foundation

There is authorized to be appropriated to the Foundation $10,800,000,000 for fiscal year 2022.

(2)

Specific NSF allocations

Of the amount authorized under paragraph (1)—

(A)

$9,000,000,000 shall be made available to carry out the activities of the Foundation outside of the Directorate, of which $800,000,000 shall be for STEM education and related activities, including workforce activities under section 202; and

(B)

$1,800,000,000 shall be made available to the Directorate, of which—

(i)

$594,000,000 shall be for the innovation centers under section 104;

(ii)

$324,000,000 shall be for scholarships, fellowships, and other activities under section 106;

(iii)

$252,000,000 shall be for academic technology transfer under section 109;

(iv)

$180,000,000 shall be for test beds under section 108;

(v)

$270,000,000 shall be for research and development activities under section 107; and

(vi)

an amount equal to 10 percent of the total made available to the Directorate under this subparagraph shall be transferred to the Foundation for collaboration with directorates and offices of the Foundation outside of the Directorate as described under section 102(c)(7).

(b)

Fiscal year 2023

(1)

Foundation

There is authorized to be appropriated to the Foundation $12,800,000,000 for fiscal year 2023.

(2)

Specific NSF allocations

Of the amount authorized under paragraph (1)—

(A)

$9,600,000,000 shall be made available to carry out the activities of the Foundation outside of the Directorate, of which $1,190,000,000 shall be for STEM education and related activities, including workforce activities under section 202; and

(B)

$3,200,000,000 shall be made available to the Directorate, of which—

(i)

$1,056,000,000 shall be for the innovation centers under section 104;

(ii)

$576,000,000 shall be for scholarships, fellowships, and other activities under section 106;

(iii)

$448,000,000 shall be for academic technology transfer under section 109;

(iv)

$320,000,000 shall be for test beds under section 108;

(v)

$480,000,000 shall be for research and development activities under section 107; and

(vi)

an amount equal to 10 percent of the total made available to the Directorate under this subparagraph shall be transferred to the Foundation for collaboration with directorates and offices of the Foundation outside of the Directorate as described under section 102(c)(7).

(c)

Fiscal year 2024

(1)

Foundation

There is authorized to be appropriated to the Foundation $16,600,000,000 for fiscal year 2024.

(2)

Specific NSF allocations

Of the amount authorized under paragraph (1)—

(A)

$10,300,000,000 shall be made available to carry out the activities of the Foundation outside of the Directorate, of which $1,600,000,000 shall be for STEM education and related activities, including workforce activities under section 202; and

(B)

$6,300,000,000 shall be made available to the Directorate, of which—

(i)

$2,079,000,000 shall be for the innovation centers under section 104;

(ii)

$1,134,000,000 shall be for scholarships, fellowships, and other activities under section 106;

(iii)

$882,000,000 shall be for academic technology transfer under section 109;

(iv)

$630,000,000 shall be for test beds under section 108;

(v)

$945,000,000 shall be for research and development activities under section 107; and

(vi)

an amount equal to 10 percent of the total made available to the Directorate under this subparagraph shall be transferred to the Foundation for collaboration with directorates and offices of the Foundation outside of the Directorate as described under section 102(c)(7).

(d)

Fiscal year 2025

(1)

Foundation

There is authorized to be appropriated to the Foundation $19,500,000,000 for fiscal year 2025.

(2)

Specific NSF allocations

Of the amount authorized under paragraph (1)—

(A)

$11,100,000,000 shall be made available to carry out the activities of the Foundation outside of the Directorate, of which $2,100,000,000 shall be for STEM education and related activities, including workforce activities under section 202; and

(B)

$8,400,000,000 shall be made available to the Directorate, of which—

(i)

$2,772,000,000 shall be for the innovation centers under section 104;

(ii)

$1,512,000,000 shall be for scholarships, fellowships, and other activities under section 106;

(iii)

$1,176,000,000 shall be for academic technology transfer under section 109;

(iv)

$840,000,000 shall be for test beds under section 108;

(v)

$1,260,000,000 shall be for research and development activities under section 107; and

(vi)

an amount equal to 10 percent of the total made available to the Directorate under this subparagraph shall be transferred to the Foundation for collaboration with directorates and offices of the Foundation outside of the Directorate as described under section 102(c)(7).

(e)

Fiscal year 2026

(1)

Foundation

There is authorized to be appropriated to the Foundation $21,300,000,000 for fiscal year 2026.

(2)

Specific NSF allocations

Of the amount authorized under paragraph (1)—

(A)

$12,000,000,000 shall be made available to carry out the activities of the Foundation outside of the Directorate, of which $2,540,000,000 shall be for STEM education and related activities, including workforce activities under section 202; and

(B)

$9,300,000,000 shall be made available to the Directorate, of which—

(i)

$3,069,000,000 shall be for the innovation centers under section 104;

(ii)

$1,674,000,000 shall be for scholarships, fellowships, and other activities under section 106;

(iii)

$1,302,000,000 shall be for academic technology transfer under section 109;

(iv)

$930,000,000 shall be for test beds under section 108;

(v)

$1,395,000,000 shall be for research and development activities under section 107; and

(vi)

an amount equal to 10 percent of the total made available to the Directorate under this subparagraph shall be transferred to the Foundation for collaboration with directorates and offices of the Foundation outside of the Directorate as described under section 102(c)(7).

(f)

Allocation and limitations

(1)

Allocation for the office of inspector general

From any amounts appropriated for the Foundation for a fiscal year, the Director shall allocate for necessary expenses of the Office of Inspector General of the Foundation an amount of not less than $33,000,000 in any fiscal year for oversight of the programs and activities funded under this section in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).

(2)

Supplement and not supplant

The amounts authorized to be appropriated under this section shall supplement, and not supplant, any other amounts previously appropriated to the Office of the Inspector General of the Foundation.

(3)

No new awards

The Director shall not make any new awards for the activities under the Directorate for any fiscal year in which the total amount appropriated to the Foundation (not including amounts appropriated for the Directorate) is less than the total amount appropriated to the Foundation (not including such amounts), adjusted by the rate of inflation, for the previous fiscal year.

(4)

No funds for construction

No funds provided to the Directorate under this section shall be used for construction.

117.

Authorization of appropriations for the Department of Energy

(a)

Authorization of appropriations

(1)

Fiscal year 2022

There is authorized to be appropriated to the Department of Energy $1,000,000,000 for fiscal year 2022 to carry out research and development in the key technology focus areas.

(2)

Fiscal year 2023

There is authorized to be appropriated to the Department of Energy $1,800,000,000 for fiscal year 2023 to carry out research and development in the key technology focus areas.

(3)

Fiscal year 2024

There is authorized to be appropriated to the Department of Energy $3,700,000,000 for fiscal year 2024 to carry out research and development in the key technology focus areas.

(4)

Fiscal year 2025

There is authorized to be appropriated to the Department of Energy $4,900,000,000 for fiscal year 2025 to carry out research and development in the key technology focus areas.

(5)

Fiscal year 2026

There is authorized to be appropriated to the Department of Energy $5,500,000,000 for fiscal year 2026 to carry out research and development in the key technology focus areas.

(b)

Supplement and not supplant

The amounts authorized to be appropriated under this section shall supplement, and not supplant, any other amounts previously authorized to be appropriated to the Department of Energy.

(c)

No funds for construction

No funds provided to the Department of Energy under this section shall be used for construction.

II

NSF research, STEM, and geographic diversity initiatives

201.

Chief Diversity Officer of the NSF

(a)

Chief diversity officer

(1)

Appointment

The President shall appoint, by and with the consent of the Senate, a Chief Diversity Officer of the Foundation.

(2)

Qualifications

The Chief Diversity Officer shall have significant experience, within the Federal Government and the science community, with diversity- and inclusion-related matters, including—

(A)

civil rights compliance;

(B)

harassment policy, reviews, and investigations;

(C)

equal employment opportunity; and

(D)

disability policy.

(3)

Oversight

The Chief Diversity Officer shall direct the Office of Diversity and Inclusion of the Foundation and report directly to the Director in the performance of the duties of the Chief Diversity Officer under this section.

(b)

Duties

The Chief Diversity Officer is responsible for providing advice on policy, oversight, guidance, and coordination with respect to matters of the Foundation related to diversity and inclusion, including ensuring the geographic diversity of the Foundation programs. Other duties may include—

(1)

establishing and maintaining a strategic plan that publicly states a diversity definition, vision, and goals for the Foundation;

(2)

defining a set of strategic metrics that are—

(A)

directly linked to key organizational priorities and goals;

(B)

actionable; and

(C)

actively used to implement the strategic plan under paragraph (1);

(3)

advising in the establishment of a strategic plan for diverse participation by individuals and institutions of higher education, including community colleges, historically Black colleges and universities, Tribal colleges or universities, minority-serving institutions, institutions of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and other Indians, and institutions from jurisdictions eligible to participate under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g);

(4)

advising in the establishment of a strategic plan for outreach to, and recruiting from, untapped locations and underrepresented populations;

(5)

advising on the application of the Foundation's broader impacts review criterion; and

(6)

performing such additional duties and exercise such powers as the Director may prescribe.

(c)

Funding

From any amounts appropriated for the Foundation for each of fiscal years 2022 through 2026, the Director shall allocate $5,000,000 to carry out this section for each such year.

202.

Programs to address the STEM workforce

(a)

In general

The Director shall issue undergraduate scholarships, including at community colleges, graduate fellowships and traineeships, postdoctoral awards, and, as appropriate, other awards.

(b)

Implementation

The Director may carry out subsection (a) by making awards—

(1)

directly to students; or

(2)

to institutions of higher education or consortia of institutions of higher education, including those institutions or consortia involved in operating university technology centers established under section 104(a).

(c)

Broadening participation

In carrying out this section, the Director shall take steps to increase the participation of populations that are underrepresented in STEM, which may include—

(1)

establishing or augmenting programs targeted at populations that are underrepresented in STEM;

(2)

supporting traineeships or other relevant programs at minority-serving institutions (or institutions of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and other Indians);

(3)

addressing current and expected gaps in the availability and skills of the STEM workforce, or addressing the needs of the STEM workforce, including by prioritizing awards to United States citizens, permanent residents, and individuals that will grow the domestic workforce;

(4)

addressing geographic diversity in the STEM workforce; and

(5)

awarding grants to institutions of higher education to address STEM workforce gaps, including for programs that recruit, retain, and progress students to a bachelor’s degree in a STEM discipline concurrent with a secondary school diploma, such as through existing and new partnerships with State educational agencies.

(d)

Innovation

(1)

Graduate education

In carrying out this section, the Director shall encourage innovation in graduate education, and studying the impacts of such innovations, including through encouraging institutions of higher education to offer graduate students opportunities to gain experience in industry or government as part of their graduate training, and through support for students in professional masters programs related to the key technology focus areas.

(2)

Postdoctoral professional development

In carrying out this section, the Director shall encourage innovation in postdoctoral professional development, support the development and diversity of the STEM workforce, and study the impacts of such innovation and support. To do so, the Director may use postdoctoral awards established under subsection (a) or leveraged under subsection (e)(1) for fellowships or other temporary rotational postings of not more than 2 years. Such fellowships or temporary rotational postings shall be awarded—

(A)

to qualified individuals who have a doctoral degree and received such degree not earlier than 5 years before the date that the fellowship or temporary rotational posting begins; and

(B)

to carry out research in the key technology focus areas at Federal, State, local, and Tribal government research facilities.

(3)

Direct hire authority

(A)

In general

During fiscal year 2021 and any fiscal year thereafter, the head of any Federal agency may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a qualified candidate described in subparagraph (B) directly to a position in the competitive service with the Federal agency for which the candidate meets Office of Personnel Management qualification standards.

(B)

Fellowship or temporary rotational posting

Subparagraph (A) applies with respect to a former recipient of an award under this subsection who—

(i)

earned a doctoral degree in a STEM field from an institution of higher education; and

(ii)

successfully fulfilled the requirements of the fellowship or temporary rotational posting within a Federal agency.

(C)

Limitation

The direct hire authority under this paragraph shall be exercised with respect to a specific qualified candidate not later than 2 years after the date that the candidate completed the requirements related to the fellowship or temporary rotational posting described under this subsection.

(e)

Existing programs

In carrying out this section, the Director may leverage existing programs, including programs that issue—

(1)

postdoctoral awards;

(2)

graduate fellowships and traineeships, inclusive of the NSF Research Traineeships and fellowships awarded under the Graduate Research Fellowship Program; and

(3)

scholarships, research experiences, and internships, including—

(A)

scholarships to attend community colleges; and

(B)

research experiences and internships under sections 513, 514, and 515 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-5; 1862p-6; 42 U.S.C. 1862p–7); and

(4)

awards to institutions of higher education to enable the institutions to fund innovation in undergraduate and graduate education, increased educational capacity, and the development and establishment of new or specialized programs of study for graduate, undergraduate, or technical college students, and the evaluation of the effectiveness of the programs of study.

(f)

Set aside

The Director shall ensure that not less than 20 percent of the funds available to carry out this section shall be used to support institutions of higher education, and other institutions, located in jurisdictions that participate in the program under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g).

203.

Emerging research institution pilot program

(a)

In general

The Director shall establish a 5-year pilot program for awarding grants to eligible partnerships, led by 1 or more emerging research institutions, to build research and education capacity at emerging research institutions to enable such institutions to contribute to programs run by the Directorate.

(b)

Applications

An eligible partnership seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including a statement of how the partnership will use the funds awarded through the grant to achieve a lasting, sustainable increase in the research and education capacity of each emerging research institution included in the eligible partnership.

(c)

Activities

An eligible partnership receiving a grant under this section may use the funds awarded through such grant for increasing research, education, and innovation capacity, including for—

(1)

faculty training and resources, including joint resources;

(2)

research experiences for undergraduate and graduate students; and

(3)

maintenance and repair of research equipment and instrumentation.

(d)

Definition of eligible partnership

In this section, the term eligible partnership means a partnership of—

(1)

at least 1 emerging research institution; and

(2)

at least 1 institution that, on average for the 3 years prior to an application for an award under this section, received more than $100,000,000 in Federal research funding.

204.

Personnel management authorities for the Foundation

(a)

Experts in science and engineering

(1)

Program authorized

The Foundation may carry out a program of personnel management authority provided under paragraph (2) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Foundation.

(2)

Personnel management authority

Under the program under paragraph (1), the Foundation may—

(A)

without regard to any provision of title 5, United States Code, governing the appointment of employees in the civil service, appoint individuals to a total of not more than 140 positions in the Foundation, of which not more than 5 such positions may be positions of administration or management of the Foundation;

(B)

notwithstanding any provision of title 5, United States Code, governing the rates of pay or classification of employees in the executive branch, prescribe the rates of basic pay for positions to which employees are appointed under subparagraph (A)—

(i)

in the case of employees appointed pursuant to subparagraph (A) to any of 5 positions designated by the Foundation for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at level I of the Executive Schedule under section 5312 of title 5, United States Code; and

(ii)

in the case of any other employee appointed pursuant to subparagraph (A), at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code; and

(C)

pay any employee appointed under subparagraph (A), other than an employee appointed to a position designated as described in subparagraph (B)(i), payments in addition to basic pay within the limit applicable to the employee under paragraph (4).

(3)

Limitation on term of appointment

(A)

In general

Except as provided in subparagraph (B), the service of an employee under an appointment under paragraph (2)(A) may not exceed 4 years.

(B)

Extension

The Director may, in the case of a particular employee under the program under paragraph (1), extend the period to which service is limited under subparagraph (A) by up to 2 years if the Director determines that such action is necessary to promote the efficiency of the Foundation, as applicable.

(4)

Maximum amount of additional payments payable

Notwithstanding any other provision of this subsection or section 5307 of title 5, United States Code, no additional payments may be paid to an employee under paragraph (2)(C) in any calendar year if, or to the extent that, the employee’s total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3, United States Code.

(b)

Highly qualified experts in needed occupations

(1)

In general

The Foundation may carry out a program using the authority provided in paragraph (2) in order to attract highly qualified experts in needed occupations, as determined by the Foundation. Individuals hired by the Director through such authority may include individuals with expertise in business creativity, innovation management, design thinking, entrepreneurship, venture capital, and related fields.

(2)

Authority

Under the program, the Foundation may—

(A)

appoint personnel from outside the civil service and uniformed services (as such terms are defined in section 2101 of title 5, United States Code) to positions in the Foundation without regard to any provision of title 5, United States Code, governing the appointment of employees to positions in the Foundation;

(B)

prescribe the rates of basic pay for positions to which employees are appointed under subparagraph (A) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code, as increased by locality-based comparability payments under section 5304 of such title, notwithstanding any provision of such title governing the rates of pay or classification of employees in the executive branch; and

(C)

pay any employee appointed under subparagraph (A) payments in addition to basic pay within the limits applicable to the employee under paragraph (4).

(3)

Limitation on term of appointment

(A)

In general

Except as provided in subparagraph (B), the service of an employee under an appointment made pursuant to this subsection may not exceed 5 years.

(B)

Extension

The Foundation may, in the case of a particular employee, extend the period to which service is limited under subparagraph (A) by up to 1 additional year if the Foundation determines that such action is necessary to promote the Foundation’s national security missions.

(4)

Limitations on additional payments

(A)

Total amount

(i)

In general

The total amount of the additional payments paid to an employee under this subsection for any 12-month period may not exceed the lesser of the following amounts:

(I)

$50,000 in fiscal year 2021, which may be adjusted annually thereafter by the Foundation, with a percentage increase equal to one-half of 1 percentage point less than the percentage by which the Employment Cost Index, published quarterly by the Bureau of Labor Statistics, for the base quarter of the year before the preceding calendar year exceeds the Employment Cost Index for the base quarter of the second year before the preceding calendar year.

(II)

The amount equal to 50 percent of the employee’s annual rate of basic pay.

(ii)

Definition of base quarter

For purposes of this subparagraph, the term base quarter has the meaning given such term by section 5302(3) of title 5, United States Code.

(B)

Eligibility for payments

An employee appointed under this subsection is not eligible for any bonus, monetary award, or other monetary incentive for service, except for payments authorized under this subsection.

(C)

Additional limitation

Notwithstanding any other provision of this paragraph or of section 5307 of title 5, United States Code, no additional payments may be paid to an employee under this subsection in any calendar year if, or to the extent that, the employee’s total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3, United States Code.

(5)

Limitation on number of highly qualified experts

The number of highly qualified experts appointed and retained by the Foundation under paragraph (2)(A) shall not exceed 140 at any time.

(6)

Savings provisions

In the event that the Foundation terminates the program under this subsection, in the case of an employee who, on the day before the termination of the program, is serving in a position pursuant to an appointment under this subsection—

(A)

the termination of the program does not terminate the employee’s employment in that position before the expiration of the lesser of—

(i)

the period for which the employee was appointed; or

(ii)

the period to which the employee’s service is limited under paragraph (3), including any extension made under this subsection before the termination of the program; and

(B)

the rate of basic pay prescribed for the position under this subsection may not be reduced as long as the employee continues to serve in the position without a break in service.

(c)

Additional hiring authority

To the extent needed to carry out the duties under subsection (a)(1), the Director is authorized to utilize hiring authorities under section 3372 of title 5, United States Code, to staff the Foundation with employees from other Federal agencies, State and local governments, Indian Tribes and Tribal organizations, institutions of higher education, and other organizations, as described in that section, in the same manner and subject to the same conditions, that apply to such individuals utilized to accomplish other missions of the Foundation.

(d)

National Academy of Public Administration

(1)

Study

Not later than 30 days after the date of enactment of this Act, the Director shall contract with the National Academy of Public Administration to conduct a study on the organizational and management structure of the Foundation, to—

(A)

evaluate and make recommendations to efficiently and effectively implement the Directorate for Technology and Innovation;

(B)

evaluate and make recommendations to ensure coordination of the Directorate for Technology and Innovation with other directorates and offices of the Foundation and other Federal agencies; and

(C)

make recommendations for the management of the Foundation’s business and personnel practices, including implementation of the new hiring authorities and program director authorities provided in this section and section 103.

(2)

Review

Upon completion of the study under paragraph (1), the Foundation shall review the recommendations from the National Academy of Public Administration and provide a briefing to Congress on the plans of the Foundation to implement any such recommendations.

205.

Advanced Technological Manufacturing Act

(a)

Findings and purpose

Section 2 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862h) is amended—

(1)

in subsection (a)—

(A)

in paragraph (3), by striking science, mathematics, and technology and inserting science, technology, engineering, and mathematics or STEM;

(B)

in paragraph (4), by inserting educated and before trained; and

(C)

in paragraph (5), by striking scientific and technical education and training and inserting STEM education and training; and

(2)

in subsection (b)—

(A)

in paragraph (2), by striking mathematics and science and inserting STEM fields; and

(B)

in paragraph (4), by striking mathematics and science instruction and inserting STEM instruction.

(b)

Modernizing references to STEM

Section 3 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is amended—

(1)

in the section heading, by striking scientific and technical education and inserting stem education;

(2)

in subsection (a)—

(A)

in the subsection heading, by striking Scientific and technical education and inserting STEM education;

(B)

in the matter preceding paragraph (1)—

(i)

by inserting and education to prepare the skilled technical workforce to meet workforce demands before , and to improve;

(ii)

by striking core education courses in science and mathematics and inserting core education courses in STEM fields;

(iii)

by inserting veterans and individuals engaged in before work in the home; and

(iv)

by inserting and on building a pathway from secondary schools, to associate-degree-granting institutions, to careers that require technical training before , and shall be designed;

(C)

in paragraph (1)—

(i)

by inserting and study after development; and

(ii)

by striking core science and mathematics courses and inserting core STEM courses;

(D)

in paragraph (2), by striking science, mathematics, and advanced-technology fields and inserting STEM and advanced-technology fields;

(E)

in paragraph (3)(A), by inserting to support the advanced-technology industries that drive the competitiveness of the United States in the global economy before the semicolon at the end;

(F)

in paragraph (4), by striking scientific and advanced-technology fields and inserting STEM and advanced-technology fields; and

(G)

in paragraph (5), by striking advanced scientific and technical education and inserting advanced STEM and advanced-technology;

(3)

in subsection (b)—

(A)

by striking the subsection heading and inserting the following: Centers of scientific and technical education.—;

(B)

in the matter preceding paragraph (1), by striking not to exceed 12 in number and inserting in advanced-technology fields;

(C)

in paragraph (2), by striking education in mathematics and science and inserting STEM education; and

(D)

in the flush matter following paragraph (2), by striking in the geographic region served by the center;

(4)

in subsection (c)—

(A)

in paragraph (1)—

(i)

in subparagraph (A)—

(I)

in the matter preceding clause (i), by striking to encourage and all that follows through such means as— and inserting to encourage the development of career and educational pathways with multiple entry and exit points leading to credentials and degrees, and to assist students pursuing pathways in STEM fields to transition from associate-degree-granting colleges to bachelor-degree-granting institutions, through such means as—;

(II)

in clause (i), by striking to ensure and inserting to develop articulation agreements that ensure; and

(III)

in clause (ii), by striking courses at the bachelor-degree-granting institution and inserting the career and educational pathways supported by the articulation agreements;

(ii)

in subparagraph (B)—

(I)

in clause (i), by inserting veterans and individuals engaged in before work in the home;

(II)

in clause (iii)—

(aa)

by striking bachelor’s-degree-granting institutions and inserting institutions or work sites; and

(bb)

by inserting or industry internships after summer programs; and

(III)

by striking the flush text following clause (iv); and

(iii)

by striking subparagraph (C);

(B)

in paragraph (2)—

(i)

by striking mathematics and science programs and inserting STEM programs;

(ii)

by inserting and, as appropriate, elementary schools, after with secondary schools;

(iii)

by striking mathematics and science education and inserting STEM education;

(iv)

by striking secondary school students and inserting students at these schools;

(v)

by striking science and advanced-technology fields and inserting STEM and advanced-technology fields; and

(vi)

by striking agreements with local educational agencies and inserting articulation agreements or dual credit courses with local secondary schools, or other means as the Director determines appropriate,; and

(C)

in paragraph (3)—

(i)

by striking subparagraph (B);

(ii)

by striking shall—and all that follows through establish a and inserting shall establish a;

(iii)

by striking the fields of science, technology, engineering, and mathematics and inserting STEM fields; and

(iv)

by striking ; and and inserting , including jobs at Federal and academic laboratories.;

(5)

in subsection (d)(2)—

(A)

in subparagraph (D), by striking and after the semicolon;

(B)

in subparagraph (E), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

(F)

as appropriate, applications that apply the best practices for STEM education and technical skills education through distance learning or in a simulated work environment, as determined by research described in subsection (f); and

;

(6)

in subsection (g), by striking the second sentence;

(7)

in subsection (h)(1)—

(A)

in subparagraph (A), by striking 2022 and inserting 2026;

(B)

in subparagraph (B), by striking 2022 and inserting 2026; and

(C)

in subparagraph (C)—

(i)

by striking up to $2,500,000 and inserting not less than $3,000,000; and

(ii)

by striking 2022 and inserting 2026;

(8)

in subsection (i)—

(A)

by striking paragraph (3); and

(B)

by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and

(9)

in subsection (j)—

(A)

by striking paragraph (1) and inserting the following:

(1)

the term advanced-technology includes technological fields such as advanced manufacturing, agricultural-, biological- and chemical-technologies, energy and environmental technologies, engineering technologies, information technologies, micro and nano-technologies, cybersecurity technologies, geospatial technologies, and new, emerging technology areas;

;

(B)

in paragraph (4), by striking separate bachelor-degree-granting institutions and inserting other entities;

(C)

by striking paragraph (7);

(D)

by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively;

(E)

in paragraph (7), as redesignated by subparagraph (D), by striking and after the semicolon;

(F)

in paragraph (8), as redesignated by subparagraph (D)—

(i)

by striking mathematics, science, engineering, or technology and inserting science, technology, engineering, or mathematics; and

(ii)

by striking the period at the end and inserting ; and; and

(G)

by adding at the end the following:

(9)

the term skilled technical workforce means workers—

(A)

in occupations that use significant levels of science and engineering expertise and technical knowledge; and

(B)

whose level of educational attainment is less than a bachelor degree.

.

(c)

Authorization of appropriations

Section 5 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862j) is amended to read as follows:

5.

Authorization of appropriations

There are authorized to be appropriated to the Director (from sums otherwise authorized to be appropriated for the Foundation) for carrying out sections 2 through 4, $150,000,000 for fiscal years 2022 through 2026.

.

206.

Intramural emerging institutions pilot program

(a)

Establishment

The Director shall conduct multiple pilot programs within the Foundation to expand the number of institutions of higher education (including such institutions that are community colleges), and other eligible entities that the Director determines appropriate, that are able to successfully compete for Foundation grants.

(b)

Components

Each pilot program described in subsection (a) shall include at least 1 of the following elements:

(1)

A mentorship program.

(2)

Grant writing technical assistance.

(3)

Targeted outreach, including to a minority-serving institution (including a historically Black college or university, a Tribal college or university, or a Hispanic-serving institution or an institution of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and other Indians).

(4)

Programmatic support or solutions for institutions or entities that do not have an experienced grant management office.

(5)

An increase in the number of grant reviewers from institutions of higher education that have not traditionally received funds from the Foundation.

(6)

An increase of the term and funding, for a period of 3 years or less, as appropriate, to a principal investigator that is a first-time grant awardee, when paired with regular mentoring on the administrative aspects of grant management.

(c)

Limitation

As appropriate, each pilot program described in subsection (a) shall work to reduce administrative burdens.

(d)

Agency-wide programs

Not later than 5 years after the date of enactment of this Act, the Director shall—

(1)

review the results of the pilot programs described in subsection (a); and

(2)

develop agency-wide best practices from the pilot programs for implementation across the Foundation, in order to fulfill the requirement under section 3(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(e)).

207.

Public-private partnerships

(a)

In general

The Director shall pursue partnerships with private industry, private foundations, or other appropriate private entities to—

(1)

enhance the impact of the Foundation’s investments and contributions to the United States economic competitiveness and security; and

(2)

make available infrastructure, expertise, and financial resources to the United States scientific and engineering research and education enterprise.

(b)

Merit Review

Nothing in this section shall be construed as altering any intellectual or broader impacts criteria at the Foundation for evaluating grant applications.

208.

AI Scholarship-for-Service Act

(a)

Definitions

In this section:

(1)

Artificial intelligence

The term artificial intelligence or AI has the meaning given the term artificial intelligence in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note).

(2)

Executive agency

The term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code.

(3)

Registered internship

The term registered internship means a Federal Registered Internship Program coordinated through the Department of Labor.

(b)

In general

The Director, in coordination with the Director of the Office of Personnel Management, the Director of the National Institute of Standards and Technology, and the heads of other agencies with appropriate scientific knowledge, shall establish a Federal artificial intelligence scholarship-for-service program (referred to in this section as the Federal AI Scholarship-for-Service Program) to recruit and train artificial intelligence professionals to lead and support the application of artificial intelligence to the missions of Federal, State, local, and Tribal governments.

(c)

Qualified institution of higher education

The Director, in coordination with the heads of other agencies with appropriate scientific knowledge, shall establish criteria to designate qualified institutions of higher education that shall be eligible to participate in the Federal AI Scholarship-for-Service program. Such criteria shall include—

(1)

measures of the institution’s demonstrated excellence in the education of students in the field of artificial intelligence; and

(2)

measures of the institution’s ability to attract and retain a diverse and non-traditional student population in the fields of science, technology, engineering, and mathematics, which may include the ability to attract women, minorities, and individuals with disabilities.

(d)

Program description and components

The Federal AI Scholarship-for-Service Program shall—

(1)

provide scholarships through qualified institutions of higher education to students who are enrolled in programs of study at institutions of higher education leading to degrees or concentrations in or related to the artificial intelligence field;

(2)

provide the scholarship recipients with summer internship opportunities, registered internships, or other meaningful temporary appointments in the Federal workforce focusing on AI projects or research;

(3)

prioritize the employment placement of scholarship recipients in executive agencies;

(4)

identify opportunities to promote multi-disciplinary programs of study that integrate basic or advanced AI training with other fields of study, including those that address the social, economic, legal, and ethical implications of human interaction with AI systems; and

(5)

support capacity-building education research programs that will enable postsecondary educational institutions to expand their ability to train the next-generation AI workforce, including AI researchers and practitioners.

(e)

Scholarship amounts

Each scholarship under subsection (d) shall be in an amount that covers the student’s tuition and fees at the institution for not more than 3 years and provides the student with an additional stipend.

(f)

Post-award employment obligations

Each scholarship recipient, as a condition of receiving a scholarship under the program, shall enter into an agreement under which the recipient agrees to work for a period equal to the length of the scholarship, following receipt of the student’s degree, in the AI mission of—

(1)

an executive agency;

(2)

Congress, including any agency, entity, office, or commission established in the legislative branch;

(3)

an interstate agency;

(4)

a State, local, or Tribal government, which may include instruction in AI-related skill sets in a public school system; or

(5)

a State, local, or Tribal government-affiliated nonprofit entity that is considered to be critical infrastructure (as defined in section 1016(e) of the USA Patriot Act (42 U.S.C. 5195c(e))).

(g)

Hiring authority

(1)

Appointment in excepted service

Notwithstanding any provision of chapter 33 of title 5, United States Code, governing appointments in the competitive service, an executive agency may appoint an individual who has completed the eligible degree program for which a scholarship was awarded to a position in the excepted service in the executive agency.

(2)

Noncompetitive conversion

Except as provided in paragraph (4), upon fulfillment of the service term, an employee appointed under paragraph (1) may be converted noncompetitively to term, career-conditional, or career appointment.

(3)

Timing of conversion

An executive agency may noncompetitively convert a term employee appointed under paragraph (2) to a career-conditional or career appointment before the term appointment expires.

(4)

Authority to decline conversion

An executive agency may decline to make the noncompetitive conversion or appointment under paragraph (2) for cause.

(h)

Eligibility

To be eligible to receive a scholarship under this section, an individual shall—

(1)

be a citizen or lawful permanent resident of the United States;

(2)

demonstrate a commitment to a career in advancing the field of AI;

(3)

be—

(A)

a full-time student in an eligible degree program at a qualified institution of higher education, as determined by the Director;

(B)

a student pursuing a degree on a less than full-time basis, but not less than half-time basis; or

(C)

an AI faculty member on sabbatical to advance knowledge in the field; and

(4)

accept the terms of a scholarship under this section.

(i)

Conditions of support

(1)

In general

As a condition of receiving a scholarship under this section, a recipient shall agree to provide the qualified institution of higher education with annual verifiable documentation of post-award employment and up-to-date contact information.

(2)

Terms

A scholarship recipient under this section shall be liable to the United States as provided in subsection (k) if the individual—

(A)

fails to maintain an acceptable level of academic standing at the applicable institution of higher education, as determined by the Director;

(B)

is dismissed from the applicable institution of higher education for disciplinary reasons;

(C)

withdraws from the eligible degree program before completing the program;

(D)

declares that the individual does not intend to fulfill the post-award employment obligation under this section; or

(E)

fails to fulfill the post-award employment obligation of the individual under this section.

(j)

Monitoring compliance

As a condition of participating in the program, a qualified institution of higher education shall—

(1)

enter into an agreement with the Director to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and

(2)

provide to the Director, on an annual basis, the post-award employment documentation required under subsection (i) for scholarship recipients through the completion of their post-award employment obligations.

(k)

Amount of repayment

(1)

Less than 1 year of service

If a circumstance described in subsection (i)(2) occurs before the completion of 1 year of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section shall—

(A)

be repaid; or

(B)

be treated as a loan to be repaid in accordance with subsection (l).

(2)

1 or more years of service

If a circumstance described in subparagraph (D) or (E) of subsection (i)(2) occurs after the completion of 1 or more years of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall—

(A)

be repaid; or

(B)

be treated as a loan to be repaid in accordance with subsection (l).

(l)

Repayments

A loan described in subsection (k) shall—

(1)

be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.); and

(2)

be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Director (in consultation with the Secretary of Education).

(m)

Collection of repayment

(1)

In general

In the event that a scholarship recipient is required to repay the scholarship award under this section, the qualified institution of higher education providing the scholarship shall—

(A)

determine the repayment amounts and notify the recipient and the Director of the amounts owed; and

(B)

collect the repayment amounts within a period of time as determined by the Director, or the repayment amounts shall be treated as a loan in accordance with subsection (l).

(2)

Returned to treasury

Except as provided in paragraph (3), any repayment under this subsection shall be returned to the Treasury of the United States.

(3)

Retain percentage

A qualified institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Director shall establish a fixed percentage that will apply to all eligible entities, and may update this percentage as needed, in the determination of the Director.

(n)

Exceptions

The Director may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable.

(o)

Public information

(1)

Evaluation

The Director, in coordination with the Director of the Office of Personnel Management, shall annually evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under this section and on hiring and retaining those individuals in the public sector AI workforce, including information on—

(A)

placement rates;

(B)

where students are placed, including job titles and descriptions;

(C)

salary ranges for students not released from obligations under this section;

(D)

how long after graduation students are placed;

(E)

how long students stay in the positions they enter upon graduation;

(F)

how many students are released from obligations; and

(G)

what, if any, remedial training is required.

(2)

Reports

The Director, in coordination with the Office of Personnel Management, shall submit, not less frequently than once every 3 years, to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives a report, including the results of the evaluation under paragraph (1) and any recent statistics regarding the size, composition, and educational requirements of the Federal AI workforce.

(3)

Resources

The Director, in coordination with the Director of the Office of Personnel Management, shall provide consolidated and user-friendly online resources for prospective scholarship recipients, including, to the extent practicable—

(A)

searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities related to the AI field; and

(B)

a modernized description of AI careers.

(p)

Refresh

Not less than once every 2 years, the Director, in coordination with the Director of the Office of Personnel Management, shall review and update the Federal AI Scholarship-for-Service Program to reflect advances in technology.

209.

Geographic diversity

(a)

Directorate

The Director shall use not less than 20 percent of the funds provided to the Directorate, for each fiscal year, to carry out the program under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g) for the purposes of carrying out sections 104, 106, 107, 108, and 109 of this Act.

(b)

National Science Foundation

The Director shall use not less than 20 percent of the funds provided to the Foundation, for each fiscal year, to carry out the program under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g).

(c)

Department of Energy

The Secretary of Energy shall use not less than 20 percent of the funds provided to the Department of Energy under section 117 for each fiscal year to carry out the program under section 2203(b)(3) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)).

(d)

Consortia

In the case of an award to a consortium under this Act, the Director may count the entire award toward meeting the funding requirements of this section if the lead entity of the consortium is located in a jurisdiction that is eligible to participate in the program under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g). In the case of an award to a consortium under this Act, the Secretary may count the entire award toward meeting the funding requirements of this section if the lead entity of the consortium is located in a jurisdiction that is eligible to participate in the program under section 2203(b)(3) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)).

210.

Rural STEM Education Act

(a)

Definitions

In this section:

(1)

Federal laboratory

The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).

(2)

Institution of higher education

The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(3)

STEM

The term STEM has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621 note).

(4)

STEM education

The term STEM education has the meaning given the term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note).

(b)

National Science Foundation rural stem activities

(1)

Preparing rural STEM educators

(A)

In general

The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools.

(B)

Use of funds

(i)

In general

Grants awarded under this paragraph shall be used for the research and development activities referred to in subparagraph (A), which may include—

(I)

engaging rural educators of students in prekindergarten through grade 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices;

(II)

supporting research on effective STEM teaching practices in rural settings, including the use of rubrics and mastery-based grading practices to assess student performance when employing the transdisciplinary teaching approach for STEM disciplines;

(III)

designing and developing pre-service and in-service training resources to assist such rural educators in adopting transdisciplinary teaching practices across STEM courses;

(IV)

coordinating with local partners to adapt STEM teaching practices to leverage local, natural, and community assets in order to support in-place learning in rural areas;

(V)

providing hands-on training and research opportunities for rural educators described in subclause (I) at Federal laboratories or institutions of higher education, or in industry;

(VI)

developing training and best practices for educators who teach multiple grade levels within a STEM discipline;

(VII)

designing and implementing professional development courses and experiences, including mentoring, for rural educators described in subclause (I) that combine face-to-face and online experiences; and

(VIII)

any other activity the Director determines will accomplish the goals of this paragraph.

(ii)

Rural stem collaborative

The Director shall establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in prekindergarten through grade 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry.

(2)

Broadening participation of rural students in STEM

(A)

In general

The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for—

(i)

research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and

(ii)

development of innovative solutions to improve the participation and advancement of rural students in prekindergarten through grade 12 in STEM studies.

(B)

Use of funds

(i)

In general

Grants awarded under this paragraph shall be used for the research and development activities referred to in subparagraph (A), which may include—

(I)

developing partnerships with community colleges to offer advanced STEM course work, including computer science, to rural high school students;

(II)

supporting research on effective STEM practices in rural settings;

(III)

implementing a school-wide STEM approach;

(IV)

improving the Foundation’s Advanced Technology Education program’s coordination and engagement with rural communities;

(V)

collaborating with existing community partners and networks, such as the Cooperative Extension System services and extramural research programs of the Department of Agriculture and youth serving organizations like 4–H, after school STEM programs, and summer STEM programs, to leverage community resources and develop place-based programming;

(VI)

connecting rural school districts and institutions of higher education, to improve precollegiate STEM education and engagement;

(VII)

supporting partnerships that offer hands-on inquiry-based science activities, including coding, and access to lab resources for students studying STEM in prekindergarten through grade 12 in a rural area;

(VIII)

evaluating the role of broadband connectivity and its associated impact on the STEM and technology literacy of rural students;

(IX)

building capacity to support extracurricular STEM programs in rural schools, including mentor-led engagement programs, STEM programs held during nonschool hours, STEM networks, makerspaces, coding activities, and competitions; and

(X)

any other activity the Director determines will accomplish the goals of this paragraph.

(3)

Application

An applicant seeking a grant under paragraph (1) or (2) shall submit an application at such time, in such manner, and containing such information as the Director may require. The application may include the following:

(A)

A description of the target population to be served by the research activity or activities for which such grant is sought.

(B)

A description of the process for recruitment and selection of students, educators, or schools from rural areas to participate in such activity or activities.

(C)

A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in prekindergarten through grade 12 in STEM studies.

(D)

In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial.

(4)

Partnerships

In awarding grants under paragraph (1) or (2), the Director shall—

(A)

encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in increasing the participation of rural students in prekindergarten through grade 12 in STEM; and

(B)

encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a consortium of rural schools or rural school districts.

(5)

Evaluations

All proposals for grants under paragraphs (1) and (2) shall include an evaluation plan that includes the use of outcome-oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this subsection shall include results from these evaluative activities in annual and final projects.

(6)

Accountability and dissemination

(A)

Evaluation required

The Director shall evaluate the portfolio of grants awarded under paragraphs (1) and (2). Such evaluation shall—

(i)

assess the results of research conducted under such grants and identify best practices; and

(ii)

to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural students' pursuit of degrees or careers in STEM.

(B)

Report on evaluations

Not later than 180 days after the completion of the evaluation under subparagraph (A), the Director shall submit to Congress and make widely available to the public a report that includes—

(i)

the results of the evaluation; and

(ii)

any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this subsection.

(7)

Report by committee on equal opportunities in science and engineering

As part of the first report required by section 36(e) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(e)) transmitted to Congress after the date of enactment of this Act, the Committee on Equal Opportunities in Science and Engineering shall include—

(A)

a description of past and present policies and activities of the Foundation to encourage full participation of students in rural communities in science, mathematics, engineering, and computer science fields; and

(B)

an assessment of the policies and activities of the Foundation, along with proposals for new strategies or the broadening of existing successful strategies towards facilitating the goal of increasing participation of rural students in prekindergarten through grade 12 in Foundation activities.

(8)

Coordination

In carrying out this subsection, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies.

(c)

Opportunities for online education

(1)

In general

The Director shall award competitive grants to institutions of higher education or nonprofit organizations (or a consortium thereof, which may include a private sector partner) to conduct research on online STEM education courses for rural communities.

(2)

Research areas

The research areas eligible for funding under this subsection shall include—

(A)

evaluating the learning and achievement of rural students in prekindergarten through grade 12 in STEM subjects;

(B)

understanding how computer-based and online professional development courses and mentor experiences can be integrated to meet the needs of educators of rural students in prekindergarten through grade 12;

(C)

combining computer-based and online STEM education and training with apprenticeships, mentoring, or other applied learning arrangements;

(D)

leveraging online programs to supplement STEM studies for rural students that need physical and academic accommodation; and

(E)

any other activity the Director determines will accomplish the goals of this subsection.

(3)

Evaluations

All proposals for grants under this subsection shall include an evaluation plan that includes the use of outcome-oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this subsection shall include results from these evaluative activities in annual and final projects.

(4)

Accountability and dissemination

(A)

Evaluation required

The Director shall evaluate the portfolio of grants awarded under this subsection. Such evaluation shall—

(i)

use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and

(ii)

to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this subsection, with respect to the pursuit of careers and degrees in STEM, with those activities carried out pursuant to other research on serving rural students and communities.

(B)

Report on evaluations

Not later than 180 days after the completion of the evaluation under subparagraph (A), the Director shall submit to Congress and make widely available to the public a report that includes—

(i)

the results of the evaluation; and

(ii)

any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this subsection.

(5)

Coordination

In carrying out this subsection, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies.

(d)

National Academies of Sciences, Engineering, and Medicine evaluation

(1)

Study

Not later than 12 months after the date of enactment of this Act, the Director shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies agree to conduct an evaluation and assessment that—

(A)

evaluates the quality and quantity of current Federal programming and research directed at examining STEM education for students in prekindergarten through grade 12 and workforce development in rural areas;

(B)

in coordination with the Federal Communications Commission, assesses the impact that the scarcity of broadband connectivity in rural communities, and the affordability of broadband connectivity, have on STEM and technical literacy for students in prekindergarten through grade 12 in rural areas;

(C)

assesses the core research and data needed to understand the challenges rural areas are facing in providing quality STEM education and workforce development;

(D)

makes recommendations for action at the Federal, State, and local levels for improving STEM education, including online STEM education, for students in prekindergarten through grade 12 and workforce development in rural areas; and

(E)

makes recommendations to inform the implementation of programs in subsections (a), (b), and (c).

(2)

Report to director

The agreement entered into under paragraph (1) shall require the National Academies of Sciences, Engineering, and Medicine, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such paragraph, including the National Academies' findings and recommendations.

(e)

GAO review

Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the engagement of rural populations in Federal STEM programs and submit to Congress a report that includes—

(1)

an assessment of how Federal STEM education programs are serving rural populations;

(2)

a description of initiatives carried out by Federal agencies that are targeted at supporting STEM education in rural areas;

(3)

an assessment of what is known about the impact and effectiveness of Federal investments in STEM education programs that are targeted to rural areas; and

(4)

an assessment of challenges that State and Federal STEM education programs face in reaching rural population centers.

(f)

Capacity building through EPSCoR

Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–9(f)(2)) is amended—

(1)

in subparagraph (A), by striking and at the end; and

(2)

by adding at the end the following:

(C)

to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students and teachers; and

.

(g)

NIST engagement with rural communities

(1)

MEP outreach

Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended—

(A)

in subsection (c)—

(i)

in paragraph (6), by striking community colleges and area career and technical education schools and inserting the following: secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,; and

(ii)

in paragraph (7)—

(I)

by striking and local colleges and inserting the following: local high schools and local colleges, including those in underserved and rural communities,; and

(II)

by inserting or other applied learning opportunities after apprenticeships; and

(B)

in subsection (d)(3), by striking , community colleges, and area career and technical education schools, and inserting the following: and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,.

(2)

Rural connectivity prize competition

(A)

Prize competition

Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Commerce shall carry out a program to award prizes competitively to stimulate research and development of creative technologies to support the deployment of affordable and reliable broadband connectivity in rural communities, including unserved rural communities.

(B)

Plan for deployment in rural communities

Each proposal submitted pursuant to subparagraph (A) shall include a proposed plan for deployment of the technology that is the subject of such proposal.

(C)

Prize amount

In carrying out the program under subparagraph (A), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition.

(D)

Report

Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition.

(E)

Consultation

In carrying out the program under this paragraph, the Secretary shall consult with the Federal Communications Commission and the heads of relevant departments and agencies of the Federal Government.

211.

Quantum Network Infrastructure and Workforce Development Act

(a)

Definitions

In this section:

(1)

ESEA definitions

The terms elementary school, high school, local educational agency, and secondary school have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2)

Appropriate committees of congress

The term appropriate committees of Congress has the meaning given such term in section 2 of the National Quantum Initiative Act (15 U.S.C. 8801).

(3)

Interagency working group

The term Interagency Working Group means the QIS Workforce Working Group under the Subcommittee on Quantum Information Science of the National Science and Technology Council.

(4)

Q2work program

The term Q2Work Program means the Q2Work Program supported by the Foundation.

(5)

Quantum information science

The term quantum information science has the meaning given such term in section 2 of the National Quantum Initiative Act (15 U.S.C. 8801).

(6)

STEM

The term “STEM” has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621 note).

(b)

Quantum networking working group report on quantum networking and communications

(1)

Report

Not later than 3 years after the date of the enactment of this Act, the Quantum Networking Working Group within the Subcommittee on Quantum Information Science of the National Science and Technology Council shall submit to the appropriate committees of Congress a report detailing a plan for the advancement of quantum networking and communications technology in the United States, building on A Strategic Vision for America’s Quantum Networks and A Coordinated Approach for Quantum Networking Research.

(2)

Requirements

The report under paragraph (1) shall include—

(A)

a framework for interagency collaboration on the advancement of quantum networking and communications research;

(B)

a plan for interagency collaboration on the development and drafting of international standards for quantum communications technology, including standards relating to—

(i)

quantum cryptography and post-quantum classical cryptography;

(ii)

network security;

(iii)

quantum network infrastructure;

(iv)

transmission of quantum information through optical fiber networks; and

(v)

any other technologies considered appropriate by the Working Group;

(C)

a proposal for the protection of national security interests relating to the advancement of quantum networking and communications technology;

(D)

recommendations to Congress for legislative action relating to the framework, plan, and proposal set forth pursuant to subparagraphs (A), (B), and (C), respectively; and

(E)

such other matters as the Working Group considers necessary to advance the security of communications and network infrastructure, remain at the forefront of scientific discovery in the quantum information science domain, and transition quantum information science research into the emerging quantum technology economy.

(c)

Quantum networking and communications research

(1)

Research

The Under Secretary of Commerce for Standards and Technology shall carry out research to facilitate the development and standardization of quantum networking and communications technologies and applications, including research on the following:

(A)

Quantum cryptography and post-quantum classical cryptography.

(B)

Quantum repeater technology.

(C)

Quantum network traffic management.

(D)

Quantum transduction.

(E)

Long baseline entanglement and teleportation.

(F)

Such other technologies, processes, or applications as the Under Secretary considers appropriate.

(2)

Implementation

The Under Secretary shall carry out the research required by paragraph (1) through such divisions, laboratories, offices and programs of the National Institute of Standards and Technology as the Under Secretary considers appropriate and actively engaged in activities relating to quantum information science.

(3)

Development of standards

For quantum technologies deemed by the Under Secretary to be at a readiness level sufficient for standardization, the Under Secretary shall provide technical review and assistance to such other Federal agencies as the Under Secretary considers appropriate for the development of quantum network infrastructure standards.

(4)

Authorization of appropriations

(A)

In general

There is authorized to be appropriated to the Scientific and Technical Research and Services account of the National Institute of Standards and Technology to carry out this subsection $10,000,000 for each of fiscal years 2022 through 2026.

(B)

Supplement, not supplant

The amounts authorized to be appropriated under subparagraph (A) shall supplement and not supplant amounts already appropriated to the account described in such subparagraph.

(d)

Quantum workforce evaluation and acceleration

(1)

Identification of gaps

The Foundation shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study of ways to support the next generation of quantum leaders.

(2)

Scope of study

In carrying out the study described in paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall identify—

(A)

education gaps, including foundational courses in STEM and areas in need of standardization, in elementary school, middle school, high school, and higher education curricula, that need to be rectified in order to prepare students to participate in the quantum workforce;

(B)

the skills and workforce needs of industry, specifically identifying the cross-disciplinary academic degrees or academic courses necessary—

(i)

to qualify students for multiple career pathways in quantum information sciences and related fields;

(ii)

to ensure the United States is competitive in the field of quantum information science while preserving national security; and

(iii)

to support the development of quantum applications; and

(C)

the resources and materials needed to train elementary, middle, and high school educators to effectively teach curricula relevant to the development of a quantum workforce.

(3)

Reports

(A)

Executive summary

Not later than 2 years after the date of enactment of this Act, the National Academies of Science, Engineering, and Medicine shall prepare and submit to the Foundation, and programs or projects funded by the Foundation, an executive summary of progress regarding the study conducted under paragraph (1) that outlines the findings of the Academies as of such date.

(B)

Report

Not later than 3 years after the date of enactment of this Act, the National Academies of Science, Engineering, and Medicine shall prepare and submit a report containing the results of the study conducted under paragraph (1) to Congress, the Foundation, and programs or projects funded by the Foundation that are relevant to the acceleration of a quantum workforce.

(e)

Incorporating QISE into STEM curriculum

(1)

In general

The Foundation shall, through programs carried out or supported by the Foundation, prioritize the better integration of quantum information science and engineering (referred to in this subsection as QISE) into the STEM curriculum for each grade level from kindergarten through grade 12, and community colleges.

(2)

Requirements

The curriculum integration under paragraph (1) shall include—

(A)

methods to conceptualize QISE for elementary, middle, and high school curricula;

(B)

methods for strengthening foundational mathematics and science curricula;

(C)

age-appropriate materials that apply the principles of quantum information science in STEM fields;

(D)

recommendations for the standardization of key concepts, definitions, and curriculum criteria across government, academia, and industry; and

(E)

materials that specifically address the findings and outcomes of the study conducted under subsection (d) and strategies to account for the skills and workforce needs identified through the study.

(3)

Coordination

In carrying out this subsection, the Foundation, including the STEM Education Advisory Panel and the Advancing Informal STEM Learning program and through the Foundation’s role in the National Q–12 Education Partnership and the programs such as the Q2Work Program, shall coordinate with the Office of Science and Technology Policy, EPSCoR eligible universities, and any Federal agencies or working groups determined necessary by the Foundation.

(4)

Review

In implementing this subsection, the Foundation shall support the community expansion of the related report entitled Key Concepts for Future QIS Learners (May 2020).

(f)

Quantum education pilot program

(1)

In general

The Foundation, through the Foundation’s role in the National Q–12 Education Partnership and programs such as Q2Work Program, and in coordination with the Directorate for Education and Human Resources, shall carry out a pilot program, to be known as the Next Generation Quantum Leaders Pilot Program, to provide funding for the education and training of the next generation of students in the fundamental principles of quantum mechanics.

(2)

Requirements

(A)

In general

In carrying out the pilot program required by paragraph (1), the Foundation shall—

(i)

publish a call for applications through the National Q–12 Education Partnership website (or similar website) for participation in the pilot program from elementary schools, secondary schools, and State educational agencies as determined appropriate by the Foundation;

(ii)

coordinate with educational service agencies, associations that support STEM educators or local educational agencies, and partnerships through the Q–12 Education Partnership, to encourage elementary schools, secondary schools, and State educational agencies to participate in the program as determined appropriate by the Foundation;

(iii)

accept applications in advance of the academic year in which the program shall begin; and

(iv)

select elementary schools, secondary schools, and State educational agencies to participate in the program, as determined appropriate by the Foundation, in accordance with qualifications determined by the QIS Workforce Working Group, in coordination with the National Q–12 Education Partnership.

(B)

Prioritization

In selecting program participants under subparagraph (A)(iv), the Director of the Foundation shall give priority to elementary schools, secondary schools, and local educational agencies located in jurisdictions eligible to participate in the Established Program to Stimulate Competitive Research (commonly known as EPSCoR), including Tribal and rural elementary, middle, and high schools in such jurisdictions.

(3)

Consultation

The Foundation shall carry out this subsection in consultation with the QIS Workforce Working Group and the Advancing Informal STEM Learning Program.

(4)

Reporting

(A)

Report and selected participants

Not later than 90 days following the closing of the application period under paragraph (2)(A)(iii), the Director of the Foundation shall submit to Congress a report on the educational institutions selected to participate in the pilot program required under paragraph (1), specifying the percentage from nontraditional geographies, including Tribal or rural school districts.

(B)

Report on implementation of curriculum

Not later than 2 years after the date of enactment of this Act, the Director of the Foundation shall submit to Congress a report on implementation of the curricula and materials under the pilot program, including the feasibility and advisability of expanding such pilot program to include additional educational institutions beyond those originally selected to participate in the pilot program.

(5)

Authorization of appropriations

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

(6)

Termination

This subsection shall cease to have effect on the date that is 3 years after the date of the enactment of this Act.

(g)

Energy sciences network

(1)

In general

The Secretary of Energy (referred to in this subsection as the Secretary), in coordination with the National Science Foundation and the National Aeronautics and Space Administration, shall supplement the Energy Sciences Network User Facility (referred to in this subsection as the Network) with dedicated quantum network infrastructure to advance development of quantum networking and communications technology.

(2)

Purpose

The purpose of paragraph (1) is to utilize the Network to advance a broad range of testing and research, including relating to—

(A)

the establishment of stable, long-baseline quantum entanglement and teleportation;

(B)

quantum repeater technologies for long-baseline communication purposes;

(C)

quantum transduction;

(D)

the coexistence of quantum and classical information;

(E)

multiplexing, forward error correction, wavelength routing algorithms, and other quantum networking infrastructure; and

(F)

any other technologies or applications determined necessary by the Secretary.

(3)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this subsection, $10,000,000 for each of fiscal years 2022 through 2026.

212.

Supporting Early-Career Researchers Act

(a)

Short title

This section may be cited as the Supporting Early-Career Researchers Act.

(b)

In general

The Director may establish a 2-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education or participating Federal research facility chosen by such investigator, to last for a period not greater than 2 years.

(c)

Priority for broadening participation

In awarding grants under this section, the Director shall give priority to—

(1)

early-career investigators who are from groups that are underrepresented in science, technology, engineering, and mathematics research;

(2)

early-career investigators who choose to carry out independent research at a minority-serving institution (or an institution of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and other Indians); and

(3)

early-career investigators in a jurisdiction eligible to participate under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g).

(d)

Reports from grantees

Not later than 180 days after the end of the pilot program under this section, each early-career investigator who receives a grant under the pilot program shall submit a report to the Director that describes how the early-career investigator used the grant funds.

(e)

Report to Congress

Not later than 180 days after the deadline for the submission of the reports described in subsection (d), the Director shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds under this section and the impact of the pilot program under this section.

213.

Advancing Precision Agriculture Capabilities Act

(a)

Short title

This section may be cited as the Advancing IoT for Precision Agriculture Act of 2021.

(b)

Purpose

It is the purpose of this section to promote scientific research and development opportunities for connected technologies that advance precision agriculture capabilities.

(c)

Foundation directive on agricultural sensor research

In awarding grants under the sensor systems and networked systems programs of the Foundation, the Director shall include in consideration of portfolio balance research and development on sensor connectivity in environments of intermittent connectivity and intermittent computation—

(1)

to improve the reliable use of advance sensing systems in rural and agricultural areas; and

(2)

that considers—

(A)

direct gateway access for locally stored data;

(B)

attenuation of signal transmission;

(C)

loss of signal transmission; and

(D)

at-scale performance for wireless power.

(d)

Updating considerations for precision agriculture technology within the NSF advanced technical education program

Section 3 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i), as amended by section 205, is further amended—

(1)

in subsection (d)(2), by adding at the end the following:

(G)

applications that incorporate distance learning tools and approaches.

; and

(2)

in subsection (e)(3)—

(A)

in subparagraph (C), by striking and after the semicolon;

(B)

in subparagraph (D), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(E)

applications that incorporate distance learning tools and approaches.

.

(e)

GAO review

Not later than 18 months after the date of enactment of this section, the Comptroller General of the United States shall provide—

(1)

a technology assessment of precision agriculture technologies, such as the existing use of—

(A)

sensors, scanners, radio-frequency identification, and related technologies that can monitor soil properties, irrigation conditions, and plant physiology;

(B)

sensors, scanners, radio-frequency identification, and related technologies that can monitor livestock activity and health;

(C)

network connectivity and wireless communications that can securely support digital agriculture technologies in rural and remote areas;

(D)

aerial imagery generated by satellites or unmanned aerial vehicles;

(E)

ground-based robotics;

(F)

control systems design and connectivity, such as smart irrigation control systems; and

(G)

data management software and advanced analytics that can assist decision making and improve agricultural outcomes; and

(2)

a review of Federal programs that provide support for precision agriculture research, development, adoption, education, or training, in existence on the date of enactment of this section.

214.

Critical minerals mining research

(a)

Critical minerals mining research and development at the Foundation

(1)

In general

In order to support supply chain resiliency, the Director shall issue awards, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to support basic research that will accelerate innovation to advance critical minerals mining strategies and technologies for the purpose of making better use of domestic resources and eliminating national reliance on minerals and mineral materials that are subject to supply disruptions.

(2)

Use of funds

Activities funded by an award under this section may include—

(A)

advancing mining research and development activities to develop new mapping and mining technologies and techniques, including advanced critical mineral extraction and production, to improve existing or to develop new supply chains of critical minerals, and to yield more efficient, economical, and environmentally benign mining practices;

(B)

advancing critical mineral processing research activities to improve separation, alloying, manufacturing, or recycling techniques and technologies that can decrease the energy intensity, waste, potential environmental impact, and costs of those activities;

(C)

conducting long-term earth observation of reclaimed mine sites, including the study of the evolution of microbial diversity at such sites;

(D)

examining the application of artificial intelligence for geological exploration of critical minerals, including what size and diversity of data sets would be required;

(E)

examining the application of machine learning for detection and sorting of critical minerals, including what size and diversity of data sets would be required;

(F)

conducting detailed isotope studies of critical minerals and the development of more refined geologic models; or

(G)

providing training and research opportunities to undergraduate and graduate students to prepare the next generation of mining engineers and researchers.

(b)

Critical minerals interagency subcommittee

(1)

In general

In order to support supply chain resiliency, the Critical Minerals Subcommittee of the National Science and Technology Council (referred to in this subsection as the Subcommittee) shall coordinate Federal science and technology efforts to ensure secure and reliable supplies of critical minerals to the United States.

(2)

Purposes

The purposes of the Subcommittee shall be—

(A)

to advise and assist the Committee on Homeland and National Security and the National Science and Technology Council on United States policies, procedures, and plans as it relates to critical minerals, including—

(i)

Federal research, development, and deployment efforts to optimize methods for extractions, concentration, separation, and purification of conventional, secondary, and unconventional sources of critical minerals;

(ii)

efficient use and reuse of critical minerals;

(iii)

the critical minerals workforce of the United States; and

(iv)

United States private industry investments in innovation and technology transfer from federally funded science and technology;

(B)

to identify emerging opportunities, stimulate international cooperation, and foster the development of secure and reliable supply chains of critical minerals;

(C)

to ensure the transparency of information and data related to critical minerals; and

(D)

to provide recommendations on coordination and collaboration among the research, development, and deployment programs and activities of Federal agencies to promote a secure and reliable supply of critical minerals necessary to maintain national security, economic well-being, and industrial production.

(3)

Responsibilities

In carrying out paragraphs (1) and (2), the Subcommittee may, taking into account the findings and recommendations of relevant advisory committees—

(A)

provide recommendations on how Federal agencies may improve the topographic, geologic, and geophysical mapping of the United States and improve the discoverability, accessibility, and usability of the resulting and existing data, to the extent permitted by law and subject to appropriate limitation for purposes of privacy and security;

(B)

assess the progress toward developing critical minerals recycling and reprocessing technologies, and technological alternatives to critical minerals;

(C)

examine options for accessing and developing critical minerals through investment and trade with allies and partners of the United States and provide recommendations;

(D)

evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry;

(E)

assess the need for and make recommendations to address the challenges the United States critical minerals supply chain workforce faces, including—

(i)

aging and retiring personnel and faculty;

(ii)

public perceptions about the nature of mining and mineral processing; and

(iii)

foreign competition for United States talent;

(F)

develop, and update as necessary, a strategic plan to guide Federal programs and activities to enhance—

(i)

scientific and technical capabilities across critical mineral supply chains, including a roadmap that identifies key research and development needs and coordinates ongoing activities for source diversification, more efficient use, recycling, and substitution for critical minerals; and

(ii)

cross-cutting mining science, data science techniques, materials science, manufacturing science and engineering, computational modeling, and environmental health and safety research and development; and

(G)

report to the appropriate committees of Congress on activities and findings under this subsection.

(4)

Mandatory responsibilities

In carrying out paragraphs (1) and (2), the Subcommittee shall, taking into account the findings and recommendations of the relevant advisory committees, identify and evaluate Federal policies and regulations that restrict the mining of critical minerals.

(c)

Grant program for development of critical minerals and metals

(1)

Establishment

The Secretary of Commerce, in consultation with the Director and the Secretary of the Interior, shall establish a grant program to finance pilot projects for the development of critical minerals and metals in the United States.

(2)

Limitation on grant awards

A grant awarded under paragraph (1) may not exceed $10,000,000.

(3)

Economic viability

In awarding grants under paragraph (1), the Secretary of Commerce shall give priority to projects that the Secretary of Commerce determines are likely to be economically viable over the long term.

(4)

Secondary recovery

In awarding grants under paragraph (1), the Secretary of Commerce shall seek to award not less than 30 percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals.

(5)

Authorization of appropriations

There is authorized to be appropriated to the Secretary of Commerce $100,000,000 for each of fiscal years 2021 through 2024 to carry out the grant program established under paragraph (1).

(d)

Definitions

In this section:

(1)

Critical mineral; critical mineral or metal

The terms critical mineral and critical mineral or metal include any host mineral of a critical mineral (within the meaning of those terms in section 7002 of title VII of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260)).

(2)

Secondary recovery

The term secondary recovery means the recovery of critical minerals and metals from discarded end-use products or from waste products produced during the metal refining and manufacturing process, including from mine waste piles, acid mine drainage sludge, or byproducts produced through legacy mining and metallurgy activities.

215.

Caregiver policies

(a)

OSTP guidance

Not later than 6 months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, in consultation with relevant agencies, shall provide guidance to each Federal science agency to establish policies that—

(1)

apply to all—

(A)

research awards granted by such agency; and

(B)

principal investigators of such research who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member with a serious health condition; and

(2)

offer, to the extent feasible—

(A)

flexibility in timing for the initiation of approved research awards granted by such agency;

(B)

no-cost extensions of such research awards; and

(C)

grant supplements, as appropriate, to research awards to sustain research activities conducted under such awards.

(b)

Uniformity of guidance

In providing guidance under subsection (a), the Director of the Office of Science and Technology Policy shall encourage, to the extent practicable, uniformity and consistency in the policies established pursuant to such guidance across all Federal science agencies.

(c)

Establishment of policies

To the extent practicable and consistent with guidance issued under subsection (a), Federal science agencies shall—

(1)

maintain or develop and implement policies for individuals described in paragraph (1)(B) of such subsection; and

(2)

broadly disseminate such policies to current and potential awardees.

(d)

Data on usage

Federal science agencies shall consider—

(1)

collecting data on the usage of the policies under subsection (c), at both institutions of higher education and Federal laboratories; and

(2)

reporting such data on an annual basis to the Director of the Office of Science and Technology Policy in such form as required by the Director of the Office of Science and Technology Policy.

(e)

Savings

(1)

Privacy

This section shall be carried out in accordance with all relevant privacy laws.

(2)

Institutions

This section shall not affect the grantee institution’s institutional policies.

(f)

Definition of Federal science agency

In this section, the term Federal science agency means any Federal agency with an annual extramural research expenditure of over $100,000,000.

216.

Presidential awards

(a)

In General

The President is authorized to make Presidential Awards for Excellence in Technology and Science Research to researchers in underrepresented populations, including women and underrepresented minorities, who have demonstrated outstanding achievements in technology or science research.

(b)

Number and distribution of award recipients

If the President elects to make Presidential Awards for Excellence in Technology and Science Research under subsection (a), the President shall make no fewer than 104 Awards. In selecting researchers for the Awards, the President shall select at least 2 researchers—

(1)

from each of the States;

(2)

from the District of Columbia; and

(3)

from the Commonwealth of Puerto Rico.

(c)

Selection Procedures

The President shall carry out this section, including the establishment of the selection procedures, after consultation with the Director of the Office of Science and Technology Policy and other appropriate officials of Federal agencies.

217.

Bioeconomy Research and Development Act of 2021

(a)

Short title

This section may be cited as the Bioeconomy Research and Development Act of 2021.

(b)

Findings

The Congress makes the following findings:

(1)

Cellular and molecular processes may be used, mimicked, or redesigned to develop new products, processes, and systems that improve societal well-being, strengthen national security, and contribute to the economy.

(2)

Engineering biology relies on a workforce with a diverse and unique set of skills combining the biological, physical, chemical, and information sciences and engineering.

(3)

Long-term research and development is necessary to create breakthroughs in engineering biology. Such research and development requires government investment, as many of the benefits are too distant or uncertain for industry to support alone.

(4)

Research is necessary to inform evidence-based governance of engineering biology and to support the growth of the engineering biology industry.

(5)

The Federal Government has an obligation to ensure that ethical, legal, environmental, safety, security, and societal implications of its science and technology research and investment follows policies of responsible innovation and fosters public transparency.

(6)

The Federal Government can play an important role by facilitating the development of tools and technologies to further advance engineering biology, including user facilities, by facilitating public-private partnerships, by supporting risk research, and by facilitating the commercial application in the United States of research funded by the Federal Government.

(7)

The United States led the development of the science and engineering techniques that created the field of engineering biology, but due to increasing international competition, the United States is at risk of losing its competitive advantage if it does not strategically invest the necessary resources.

(8)

A National Engineering Biology Initiative can serve to establish new research directions and technology goals, improve interagency coordination and planning processes, drive technology transfer to the private sector, and help ensure optimal returns on the Federal investment.

(c)

Definitions

In this section:

(1)

Biomanufacturing

The term biomanufacturing means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale.

(2)

Engineering biology

The term engineering biology means the application of engineering design principles and practices to biological systems, including molecular and cellular systems, to advance fundamental understanding of complex natural systems and to enable novel or optimize functions and capabilities.

(3)

Initiative

The term Initiative means the National Engineering Biology Research and Development Initiative established under subsection (d).

(4)

Omics

The term omics refers to the collective technologies used to explore the roles, relationships, and actions of the various types of molecules that make up the cells of an organism.

(d)

National engineering biology research and development initiative

(1)

In general

The President, acting through the Office of Science and Technology Policy, shall implement a National Engineering Biology Research and Development Initiative to advance societal well-being, national security, sustainability, and economic productivity and competitiveness through—

(A)

advancing areas of research at the intersection of the biological, physical, chemical, data, and computational sciences and engineering to accelerate scientific understanding and technological innovation in engineering biology;

(B)

advancing areas of biomanufacturing research to optimize, standardize, scale, and deliver new products and solutions;

(C)

supporting social and behavioral sciences and economics research that advances the field of engineering biology and contributes to the development and public understanding of new products, processes, and technologies;

(D)

improving the understanding of engineering biology of the scientific and lay public and supporting greater evidence-based public discourse about its benefits and risks;

(E)

supporting research relating to the risks and benefits of engineering biology, including under paragraph (4);

(F)

supporting the development of novel tools and technologies to accelerate scientific understanding and technological innovation in engineering biology;

(G)

expanding the number of researchers, educators, and students and a retooled workforce with engineering biology training, including from traditionally underrepresented and underserved populations;

(H)

accelerating the translation and commercialization of engineering biology research and development by the private sector; and

(I)

improving the interagency planning and coordination of Federal Government activities related to engineering biology.

(2)

Initiative activities

The activities of the Initiative shall include—

(A)

sustained support for engineering biology research and development through—

(i)

grants to fund the work of individual investigators and teams of investigators, including interdisciplinary teams;

(ii)

projects funded under joint solicitations by a collaboration of no fewer than two agencies participating in the Initiative; and

(iii)

interdisciplinary research centers that are organized to investigate basic research questions, carry out technology development and demonstration activities, and increase understanding of how to scale up engineering biology processes, including biomanufacturing;

(B)

sustained support for databases and related tools, including—

(i)

support for curated genomics, epigenomics, and other relevant omics databases, including plant and microbial databases, that are available to researchers to carry out engineering biology research in a manner that does not compromise national security or the privacy or security of information within such databases;

(ii)

development of standards for such databases, including for curation, interoperability, and protection of privacy and security;

(iii)

support for the development of computational tools, including artificial intelligence tools, that can accelerate research and innovation using such databases; and

(iv)

an inventory and assessment of all Federal government omics databases to identify opportunities to improve the utility of such databases, as appropriate and in a manner that does not compromise national security or the privacy and security of information within such databases, and inform investment in such databases as critical infrastructure for the engineering biology research enterprise;

(C)

sustained support for the development, optimization, and validation of novel tools and technologies to enable the dynamic study of molecular processes in situ, including through—

(i)

research conducted at Federal laboratories;

(ii)

grants to fund the work of investigators at institutions of higher education and other nonprofit research institutions;

(iii)

incentivized development of retooled industrial sites across the country that foster a pivot to modernized engineering biology initiatives; and

(iv)

awards under the Small Business Innovation Research Program and the Small Business Technology Transfer Program, as described in section 9 of the Small Business Act (15 U.S.C. 638);

(D)

support for education and training of undergraduate and graduate students in engineering biology, biomanufacturing, bioprocess engineering, and computational science applied to engineering biology and in the related ethical, legal, environmental, safety, security, and other societal domains;

(E)

activities to develop robust mechanisms for documenting and quantifying the outputs and economic benefits of engineering biology; and

(F)

activities to accelerate the translation and commercialization of new products, processes, and technologies by—

(i)

identifying precompetitive research opportunities;

(ii)

facilitating public-private partnerships in engineering biology research and development;

(iii)

connecting researchers, graduate students, and postdoctoral fellows with entrepreneurship education and training opportunities; and

(iv)

supporting proof of concept activities and the formation of startup companies including through programs such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program.

(3)

Expanding participation

The Initiative shall include, to the maximum extent practicable, outreach to primarily undergraduate and minority-serving institutions (and institutions of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and other Indians) about Initiative opportunities, and shall encourage the development of research collaborations between research-intensive universities and primarily undergraduate and minority-serving institutions (and institutions of higher education with an established STEM capacity building program focused on traditionally underrepresented populations in STEM, including Native Hawaiians, Alaska Natives, and other Indians).

(4)

Ethical, legal, environmental, safety, security, and societal issues

Initiative activities shall take into account ethical, legal, environmental, safety, security, and other appropriate societal issues by—

(A)

supporting research, including in the social sciences, and other activities addressing ethical, legal, environmental, and other appropriate societal issues related to engineering biology, including integrating research on such topics with the research and development in engineering biology, and encouraging the dissemination of the results of such research, including through interdisciplinary engineering biology research centers described in paragraph (2)(A)(iii);

(B)

supporting research and other activities related to the safety and security implications of engineering biology, including outreach to increase awareness among Federal researchers and Federally-funded researchers at institutions of higher education about potential safety and security implications of engineering biology research, as appropriate;

(C)

ensuring that input from Federal and non-Federal experts on the ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology is integrated into the Initiative;

(D)

ensuring, through the agencies and departments that participate in the Initiative, that public input and outreach are integrated into the Initiative by the convening of regular and ongoing public discussions through mechanisms such as workshops, consensus conferences, and educational events, as appropriate; and

(E)

complying with all applicable provisions of Federal law.

(e)

Initiative coordination

(1)

Interagency committee

The President, acting through the Office of Science and Technology Policy, shall designate an interagency committee to coordinate activities of the Initiative as appropriate, which shall be co-chaired by the Office of Science and Technology Policy, and include representatives from the Foundation, the Department of Energy, the Department of Defense, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Environmental Protection Agency, the Department of Agriculture, the Department of Health and Human Services, the Bureau of Economic Analysis, and any other agency that the President considers appropriate (in this section referred to as the Interagency Committee). The Director of the Office of Science and Technology Policy shall select an additional co-chairperson from among the members of the Interagency Committee. The Interagency Committee shall oversee the planning, management, and coordination of the Initiative. The Interagency Committee shall—

(A)

provide for interagency coordination of Federal engineering biology research, development, and other activities undertaken pursuant to the Initiative;

(B)

establish and periodically update goals and priorities for the Initiative;

(C)

develop, not later than 12 months after the date of the enactment of this Act, and update every 3 years thereafter, a strategic plan submitted to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate that—

(i)

guides the activities of the Initiative for purposes of meeting the goals and priorities established under (and updated pursuant to) subparagraph (B); and

(ii)

describes—

(I)

the Initiative’s support for long-term funding for interdisciplinary engineering biology research and development;

(II)

the Initiative’s support for education and public outreach activities;

(III)

the Initiative’s support for research and other activities on ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology including—

(aa)

an applied biorisk management research plan;

(bb)

recommendations for integrating security into biological data access and international reciprocity agreements;

(cc)

recommendations for manufacturing restructuring to support engineering biology research, development, and scaling-up initiatives; and

(dd)

an evaluation of existing biosecurity governance policies, guidance, and directives for the purposes of creating an adaptable, evidence-based framework to respond to emerging biosecurity challenges created by advances in engineering biology;

(IV)

how the Initiative will contribute to moving results out of the laboratory and into application for the benefit of society and United States competitiveness; and

(V)

how the Initiative will measure and track the contributions of engineering biology to United States economic growth and other societal indicators;

(D)

develop a national genomic sequencing strategy to ensure engineering biology research fully leverages plant, animal, and microbe biodiversity, as appropriate and in a manner that does not compromise national security or the privacy or security of human genetic information, to enhance long-term innovation and competitiveness in engineering biology in the United States;

(E)

develop a plan to utilize Federal programs, such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program as described in section 9 of the Small Business Act (15 U.S.C. 638), in support of the activities described in subsection (d)(2)(C); and

(F)

in carrying out this subsection, take into consideration the recommendations of the advisory committee established under subsection (f), the results of the workshop convened under subsection (d)(4)(D), existing reports on related topics, and the views of academic, State, industry, and other appropriate groups.

(2)

Triennial report

Beginning with fiscal year 2022 and ending in fiscal year 2028, not later than 90 days after submission of the President’s annual budget request and every third fiscal year thereafter, the Interagency Committee shall prepare and submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes—

(A)

a summarized agency budget in support of the Initiative for the fiscal year to which such budget request applies, for the following 2 fiscal years, for the then current fiscal year, including a breakout of spending for each agency participating in the Program, and for the development and acquisition of any research facilities and instrumentation; and

(B)

an assessment of how Federal agencies are implementing the plan described in paragraph (1)(C), including—

(i)

a description of the amount and number of awards made under the Small Business Innovation Research Program and the Small Business Technology Transfer Program (as described in section 9 of the Small Business Act (15 U.S.C. 638)) in support of the Initiative;

(ii)

a description of the amount and number of projects funded under joint solicitations by a collaboration of no fewer than 2 agencies participating in the Initiative; and

(iii)

a description of the effect of the newly funded projects by the Initiative.

(3)

Initiative office

(A)

In general

The President shall establish an Initiative Coordination Office, with a Director and full-time staff, which shall—

(i)

provide technical and administrative support to the interagency committee and the advisory committee established under subsection (f);

(ii)

serve as the point of contact on Federal engineering biology activities for government organizations, academia, industry, professional societies, State governments, interested citizen groups, and others to exchange technical and programmatic information;

(iii)

oversee interagency coordination of the Initiative, including by encouraging and supporting joint agency solicitation and selection of applications for funding of activities under the Initiative, as appropriate;

(iv)

conduct public outreach, including dissemination of findings and recommendations of the advisory committee established under subsection (f), as appropriate;

(v)

serve as the coordinator of ethical, legal, environmental, safety, security, and other appropriate societal input; and

(vi)

promote access to, and early application of, the technologies, innovations, and expertise derived from Initiative activities to agency missions and systems across the Federal Government, and to United States industry, including startup companies.

(B)

Funding

The Director of the Office of Science and Technology Policy, in coordination with each participating Federal department and agency, as appropriate, shall develop and annually update an estimate of the funds necessary to carry out the activities of the Initiative Coordination Office and submit such estimate with an agreed summary of contributions from each agency to Congress as part of the President’s annual budget request to Congress.

(C)

Termination

The Initiative Coordination Office established under this paragraph shall terminate on the date that is 10 years after the date of the enactment of this Act.

(4)

Rule of construction

Nothing in this subsection shall be construed to alter the policies, processes, or practices of individual Federal agencies in effect on the day before the date of the enactment of this Act relating to the conduct of biomedical research and advanced development, including the solicitation and review of extramural research proposals.

(f)

Advisory committee

(1)

In general

The agency co-chair of the interagency committee established in subsection (e) shall, in consultation with the Office of Science and Technology Policy, designate or establish an advisory committee on engineering biology research and development (in this subsection referred to as the advisory committee) to be composed of not fewer than 12 members, including representatives of research and academic institutions, industry, and nongovernmental entities, who are qualified to provide advice on the Initiative.

(2)

Assessment

The advisory committee shall assess—

(A)

the current state of United States competitiveness in engineering biology, including the scope and scale of United States investments in engineering biology research and development in the international context;

(B)

current market barriers to commercialization of engineering biology products, processes, and tools in the United States;

(C)

progress made in implementing the Initiative;

(D)

the need to revise the Initiative;

(E)

the balance of activities and funding across the Initiative;

(F)

whether the strategic plan developed or updated by the interagency committee established under subsection (e) is helping to maintain United States leadership in engineering biology;

(G)

the management, coordination, implementation, and activities of the Initiative; and

(H)

whether ethical, legal, environmental, safety, security, and other appropriate societal issues are adequately addressed by the Initiative.

(3)

Reports

Beginning not later than 2 years after the date of enactment of this Act, and not less frequently than once every 3 years thereafter, the advisory committee shall submit to the President, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report on—

(A)

the findings of the advisory committee’s assessment under paragraph (2); and

(B)

the advisory committee’s recommendations for ways to improve the Initiative.

(4)

Application of federal advisory committee act

Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee.

(5)

Termination

The advisory committee established under paragraph (1) shall terminate on the date that is 10 years after the date of the enactment of this Act.

(g)

External review of ethical, legal, environmental, safety, security, and societal issues

(1)

In general

Not later than 6 months after the date of enactment of this Act, the Director shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a review, and make recommendations with respect to, the ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology research and development. The review shall include—

(A)

an assessment of the current research on such issues;

(B)

a description of the research gaps relating to such issues;

(C)

recommendations on how the Initiative can address the research needs identified pursuant to subparagraph (B); and

(D)

recommendations on how researchers engaged in engineering biology can best incorporate considerations of ethical, legal, environmental, safety, security, and other societal issues into the development of research proposals and the conduct of research.

(2)

Report to congress

The agreement entered into under paragraph (1) shall require the National Academies of Sciences, Engineering, and Medicine to, not later than 2 years after the date of the enactment of this Act—

(A)

submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings and recommendations of the review conducted under paragraph (1); and

(B)

make a copy of such report available on a publicly accessible website.

(h)

Agency activities

(1)

National science foundation

As part of the Initiative, the Foundation shall—

(A)

support basic research in engineering biology through individual grants, collaborative grants, and through interdisciplinary research centers;

(B)

support research on the environmental, legal, ethical, and social implications of engineering biology;

(C)

provide support for research instrumentation for engineering biology disciplines, including support for research, development, optimization and validation of novel technologies to enable the dynamic study of molecular processes in situ;

(D)

support curriculum development and research experiences for secondary, undergraduate, and graduate students in engineering biology and biomanufacturing; and

(E)

award grants, on a competitive basis, to enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting.

(2)

Department of Commerce

(A)

National Institute of Standards and Technology

As part of the Initiative, the Director of the National Institute of Standards and Technology shall—

(i)

establish a bioscience research program to advance the development of standard reference materials and measurements and to create new data tools, techniques, and processes necessary to advance engineering biology and biomanufacturing;

(ii)

provide access to user facilities with advanced or unique equipment, services, materials, and other resources to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing; and

(iii)

provide technical expertise to inform the potential development of guidelines or safeguards for new products, processes, and systems of engineering biology.

(B)

National Oceanic and Atmospheric Administration

As part of the initiative, the Administrator of the National Oceanic and Atmospheric Administration shall—

(i)

establish a program to conduct and support omics research and associated bioinformatic sciences to increase efficiency and promote a sustainable bioeconomy (blue economy) to develop the next generation of tools and products to improve ecosystem stewardship, monitoring, management, assessments, and forecasts; and

(ii)

collaborate with other agencies to understand potential environmental threats and safeguards relating to engineering biology.

(3)

Department of energy

As part of the Initiative, the Secretary of Energy shall—

(A)

conduct and support research, development, demonstration, and commercial application activities in engineering biology, including in the areas of synthetic biology, advanced biofuel development, biobased materials, and environmental remediation;

(B)

support the development, optimization and validation of novel, scalable tools and technologies to enable the dynamic study of molecular processes in situ; and

(C)

provide access to user facilities with advanced or unique equipment, services, materials, and other resources, including secure access to high-performance computing, as appropriate, to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing.

(4)

Department of defense

As part of the Initiative, the Secretary of Defense shall—

(A)

conduct and support research and development in engineering biology and associated data and information sciences;

(B)

support curriculum development and research experiences in engineering biology and associated data and information sciences across the military education system, to include service academies, professional military education, and military graduate education; and

(C)

assess risks of potential national security and economic security threats relating to engineering biology.

(5)

National aeronautics and space administration

As part of the Initiative, the National Aeronautics and Space Administration shall—

(A)

conduct and support basic and applied research in engineering biology, including in synthetic biology, and related to Earth and space sciences, aeronautics, space technology, and space exploration and experimentation, consistent with the priorities established in the National Academies’ decadal surveys; and

(B)

award grants, on a competitive basis, that enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting.

(6)

Department of agriculture

As part of the Initiative, the Secretary of Agriculture shall—

(A)

support research and development in engineering biology, including in synthetic biology and biomaterials;

(B)

award grants through the National Institute of Food and Agriculture; and

(C)

support development conducted by the Agricultural Research Service.

(7)

Environmental protection agency

As part of the Initiative, the Environmental Protection Agency shall support research on how products, processes, and systems of engineering biology will affect or can protect the environment.

(8)

Department of health and human services

As part of the Initiative, the Secretary of Health and Human Services, as appropriate and consistent with activities of the Department of Health and Human Services in effect on the day before the date of the enactment of this Act, shall—

(A)

support research and development to advance the understanding and application of engineering biology for human health;

(B)

support relevant interdisciplinary research and coordination; and

(C)

support activities necessary to facilitate oversight of relevant emerging biotechnologies.

(i)

Rule of construction

Nothing in this section shall be construed to require public disclosure of information that is exempt from mandatory disclosure under section 552 of title 5, United States Code.

218.

Microgravity Utilization Policy

(a)

Sense of congress

It is the sense of Congress that space technology and the utilization of the microgravity environment for science, engineering, and technology development is critical to long-term competitiveness with near-peer competitors, including China.

(b)

Policy

To the greatest extent appropriate, the Foundation shall facilitate access to the microgravity environment for awardees of funding from the Foundation, including in private sector platforms, for the development of science, engineering, and technology.

(c)

Report

Not later than 180 days after the date of enactment of this Act, the Director shall provide to the appropriate committees of Congress a report on the Foundation’s plan for facilitating awardee access to the microgravity environment.

III

Research security

301.

National science foundation research security

(a)

Research security and policy office

The Director shall establish and maintain a research security and policy office within the Office of the Director. The functions of the research security and policy office shall be to coordinate all research security policy issues across the Foundation, including by—

(1)

serving as a resource at the Foundation for all policy issues related to the security and integrity of the conduct of research supported by the Foundation;

(2)

conducting outreach and education activities for awardees on research policies and potential security risks;

(3)

educating Foundation program managers and other staff on evaluating Foundation awards and awardees for potential security risks;

(4)

communicating reporting and disclosure requirements to awardees and applicants for funding;

(5)

consulting and coordinating with the Foundation Office of Inspector General and with other Federal science agencies, as appropriate, and through the National Science and Technology Council in accordance with the authority provided under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note), to identify and address potential security risks that threaten research integrity and other risks to the research enterprise and to develop research security policy and best practices;

(6)

performing risk assessments, in consultation, as appropriate, with other Federal agencies, of Foundation proposals and awards using analytical tools to assess nondisclosures of required information that could indicate breaches of research integrity or potentially fraudulent activity that would be referred to the Foundation Office of Inspector General;

(7)

establishing policies and procedures for safeguarding sensitive research information and technology, working in consultation, as appropriate, with other Federal agencies, to ensure compliance with National Security Presidential Memorandum–33 (relating to strengthening protections of United States Government-supported research and development against foreign government interference and exploitation) or a successor policy document; and

(8)

in accordance with relevant policies of the agency, conducting due diligence with regard to applicants for grant funding from the Foundation prior to awarding such funding.

(b)

Chief of research security

The Director shall appoint a senior agency official within the Office of the Director as a Chief of Research Security, whose primary responsibility is to manage the office established in subsection (a).

(c)

Report to congress

Not later than 180 days after the date of enactment of this Act, the Director shall provide a report on the resources and the number of full-time employees needed to carry out the functions of the office established in subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Appropriations of the House of Representatives.

(d)

Online resource

The Director shall develop an online resource hosted on the Foundation’s publicly accessible website containing up-to-date information, tailored for institutions of higher education and individual researchers, including—

(1)

an explanation of Foundation research security policies;

(2)

unclassified guidance on potential security risks that threaten research integrity and other risks to the research enterprise;

(3)

examples of beneficial international collaborations and how such collaborations differ from foreign government interference efforts that threaten research integrity;

(4)

best practices for mitigating security risks that threaten research integrity; and

(5)

additional reference materials, including tools that assist organizations seeking Foundation funding and awardees in information disclosure to the Foundation.

(e)

Research grants

The Director shall continue to award grants, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations) to support research on the conduct of research and the research environment, including research on research misconduct, breaches of research integrity, and detrimental research practices.

(f)

Responsible conduct in research training

Section 7009 of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act (42 U.S.C. 1862o–1) is amended—

(1)

by striking and postdoctoral researchers and inserting postdoctoral researchers, faculty, and other senior personnel; and

(2)

by inserting before the period at the end the following: , including training and mentorship to raise awareness of potential security threats and of Federal export control, disclosure, and reporting requirements.

(g)

Funding

From any amounts appropriated for the Foundation for each of fiscal years 2022 through 2026, the Director shall allocate $5,000,000 to carry out this section for each such year.

302.

Research security and integrity information sharing analysis organization

(a)

Establishment

The Director of the Office of Science and Technology Policy shall enter into an agreement with a qualified independent organization to establish a research security and integrity information sharing analysis organization (referred to in this section as the RSI-ISAO), which shall include members described in subsection (d) and carry out the duties described in subsection (b).

(b)

Duties

The RSI-ISAO shall—

(1)

serve as a clearinghouse for information to help enable the members and other entities in the research community to understand the context of their research and identify improper or illegal efforts by foreign entities to obtain research results, know how, materials, and intellectual property;

(2)

develop a set of standard risk assessment frameworks and best practices, relevant to the research community, to assess research security risks in different contexts;

(3)

share information concerning security threats and lessons learned from protection and response efforts through forums and other forms of communication;

(4)

provide timely reports on research security risks to provide situational awareness tailored to the research and education community;

(5)

provide training and support, including through webinars, for relevant faculty and staff employed by institutions of higher education on topics relevant to research security risks and response;

(6)

enable standardized information gathering and data compilation, storage, and analysis for compiled incident reports;

(7)

support analysis of patterns of risk and identification of bad actors and enhance the ability of members to prevent and respond to research security risks; and

(8)

take other appropriate steps to enhance research security.

(c)

Funding

The Foundation may provide initial funds toward the RSI-ISAO, but shall seek to have the fees authorized in subsection (d)(2) cover the costs of operations at the earliest practicable time.

(d)

Membership

(1)

In general

The RSI-ISAO shall serve and include members representing institutions of higher education, nonprofit research institutions, and small and medium-sized businesses.

(2)

Fees

As soon as practicable, members of the RS-ISAO shall be charged an annual rate to enable the RSI-ISAO to cover its costs. Rates shall be set on a sliding scale based on research and development spent to ensure that membership is accessible to a diverse community of stakeholders and ensure broad participation. The RS-ISAO shall develop a plan to sustain the RS-ISAO without Federal funding, as practicable.

(e)

Board of directors

The RSI-ISAO may establish a board of directors to provide guidance for policies, legal issues, and plans and strategies of the entity’s operations. The board shall include a diverse group of stakeholders representing the research community, including academia, industry, and experienced research security administrators.

(f)

Definition of institution of higher education

The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

303.

Foreign government talent recruitment program prohibition

(a)

Guidance

Not later than 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall, in coordination with the interagency working group established under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note), publish and widely distribute a uniform set of policy guidelines for Federal science agencies regarding foreign government talent recruitment programs. These policy guidelines shall—

(1)

prohibit all personnel of each Federal science agency, including Federal employees, contract employees, independent contractors, individuals serving under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.), Visiting Scientist Engineer and Educator appointments, and special government employees, from participating in a foreign government talent recruitment program;

(2)

prohibit awards from being made for any proposal in which the principal investigator, any individual listed on the application for the award with direct involvement in the proposal, or co-principal investigator is participating in a foreign government talent recruitment program of the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, or the Islamic Republic of Iran; and

(3)

to the extent practicable, require institutions receiving funding to prohibit awards from being used by any individuals participating in a foreign government talent recruitment program of the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, or the Islamic Republic of Iran.

(b)

Prohibition

Not later than 1 year after the date of enactment of this Act, each Federal science agency shall issue a policy, utilizing the policy guidelines developed under subsection (a).

(c)

Exemption

The policy developed under subsection (b) may include an exemption for participation in international conferences or other international exchanges, partnerships, or programs, as sanctioned or approved by the Federal science agency. When such participation is authorized, the Federal science agency shall ensure training is provided to the participant on how to respond to overtures from individuals associated with foreign government talent recruitment programs.

(d)

Report

Not later than 2 years after the date of enactment of this Act, each Federal science agency shall report to Congress on the steps it has taken to implement this section.

(e)

Foreign government talent recruitment programs

In addition to existing authorities for preventing waste, fraud, abuse, and mismanagement of Federal funds, each Federal science agency shall require, as a condition of an award, that the senior personnel designated by the United States institution applying for Federal funding submit foreign government talent recruitment program contracts to the agency if the principal investigator or a co-principal investigator discloses membership in a foreign government talent recruitment program other than a program of the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, or the Islamic Republic of Iran. The United States institution, as the award applicant, shall ensure, to the maximum extent practicable, that the contract conforms with the Federal science agency’s guidance on conflicts of interest, including those contained in relevant contract proposal and award policies and procedures. Each Federal science agency shall review the contract and may prohibit funding to the awardee if the obligations in the contract interfere with the capacity for activities receiving support to be carried out, or create duplication with Federally supported activities.

(f)

Consistency

The Director of the Office of Science and Technology Policy shall ensure that the policies issued by Federal science agencies under subsection (b) are consistent to the greatest extent practicable.

(g)

Definition

For purposes of this section and section 304, the term foreign government talent recruitment program has the meaning given the term foreign government-sponsored talent recruitment program in National Security Presidential Memorandum–33 (relating to strengthening protections of United States Government-supported research and development against foreign government interference and exploitation) or a successor policy document.

304.

Additional requirements for directorate research security

(a)

Initiative required

The Director shall, in consultation with other appropriate Federal agencies, establish an initiative to work with institutions of higher education that perform research and technology development activities under the Directorate—

(1)

to support protection of intellectual property, consistent with the controls relevant to the grant or award, key personnel, and information about critical technologies relevant to national security;

(2)

to limit undue influence, including through foreign government talent recruitment programs, by countries to exploit United States technology within the Foundation research, science and technology, and innovation enterprise, including research funded by the Directorate; and

(3)

to support efforts toward development of domestic talent in relevant scientific and engineering fields.

(b)

Coordination

The initiative established under subsection (a) shall be developed and executed to the maximum extent practicable with academic research institutions and other educational and research organizations.

(c)

Requirements

The initiative established under subsection (a) shall include development of the following:

(1)

Training developed and delivered in consultation with institutions of higher education and appropriate Federal agencies, and other support to institutions of higher education, to promote security of controlled information, as appropriate, including best practices for protection of controlled information.

(2)

The capacity of institutions of higher education to assess whether individuals affiliated with Directorate programs have participated in or are currently participating in foreign government talent recruitment program programs.

(3)

Opportunities to collaborate with Directorate awardees to promote protection of controlled information as appropriate and strengthen defense against foreign intelligence services.

(4)

As appropriate, regulations and procedures—

(A)

for government and academic organizations and personnel to support the goals of the initiative; and

(B)

that are consistent with policies that protect open and scientific exchange in fundamental research.

(5)

Policies to limit or prohibit funding provided by the Foundation for individual researchers who knowingly violate regulations developed under the initiative, including policies relating to foreign government talent recruitment programs.

(6)

Policies to limit or prohibit funding provided by the Foundation for institutions that knowingly violate regulations developed under the initiative, including policies relating to foreign government talent recruitment programs.

(d)

Department of defense efforts

In carrying out this section, the Foundation shall consider the efforts undertaken by the Department of Defense to secure defense research, including as provided under section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note).

(e)

Annual report

(1)

In general

Not later than 1 year after date of enactment of this Act, and annually thereafter, the Director, shall submit to Congress a report on the activities carried out under the initiative established under subsection (a).

(2)

Contents

The report required by paragraph (1) shall include the following:

(A)

A description of the activities conducted and the progress made under the initiative.

(B)

The findings of the Director with respect to the initiative.

(C)

Such recommendations as the Director may have for legislative or administrative action relating to the matters described in subsection (a).

(D)

Identification and discussion of the gaps in legal authorities that need to be improved to enhance the security of research institutions of higher education performing Directorate research.

(E)

Information on Foundation Inspector General cases, as appropriate, relating to undue influence to security threats to academic research activities funded by the Foundation, including theft of property or intellectual property relating to a project funded by the Department at an institution of higher education.

(3)

Form

The report submitted under paragraph (1) shall be submitted in both unclassified and classified formats, as appropriate.

305.

Protecting research from cyber theft

(a)

Improving cybersecurity of institutions of higher education

Section 2(e)(1)(A) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)(1)(A)) is amended—

(1)

in clause (viii), by striking and after the semicolon;

(2)

by redesignating clause (ix) as clause (x); and

(3)

by inserting after clause (viii) the following:

(ix)

consider institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and

.

(b)

Dissemination of resources for research institutions

(1)

In general

Not later than 90 days after the date of enactment of this Act, the Director shall, using the authorities of the Director under subsection (e)(1)(A)(ix) of section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272), as amended by subsection (a), disseminate and make publicly available resources to help research institutions and institutions of higher education identify, protect the institution involved from, detect, respond to, and recover to manage the cybersecurity risk of the institution involved related to conducting research.

(2)

Requirements

The Director shall ensure that the resources disseminated pursuant to paragraph (1)—

(A)

are generally applicable and usable by a wide range of research institutions and institutions of higher education;

(B)

vary with the nature and size of the implementing research institutions or institutions of higher education, and the nature and sensitivity of the data collected or stored on the information systems or devices of the implementing research institutions or institutions of higher education;

(C)

include elements that promote awareness of simple, basic controls, a workplace cybersecurity culture, and third-party stakeholder relationships, to assist research institutions or institutions of higher education in mitigating common cybersecurity risks;

(D)

include case studies of practical application;

(E)

are technology-neutral and can be implemented using technologies that are commercial and off-the-shelf; and

(F)

to the extent practicable, are based on international standards.

(3)

National cybersecurity awareness and education program

The Director shall ensure that the resources disseminated under paragraph (1) are consistent with the efforts of the Director under section 303 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7443).

(4)

Updates

The Director shall review periodically and update the resources under paragraph (1) as the Director determines appropriate.

(5)

Voluntary resources

The use of the resources disseminated under paragraph (1) shall be considered voluntary.

(6)

Other federal cybersecurity requirements

Nothing in this section may be construed to supersede, alter, or otherwise affect any cybersecurity requirements applicable to Federal agencies.

(c)

Definitions

In this section:

(1)

Director

The term Director means the Director of the National Institute of Standards and Technology.

(2)

Resources

The term resources means guidelines, tools, best practices, standards, methodologies, and other ways of providing information.

(3)

Research institution

The term research institution

(A)

means a nonprofit institution (as defined in section 4(3) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(3))); and

(B)

includes Federally funded research and development centers, as identified by the National Science Foundation in accordance with the Federal Acquisition Regulation issued in accordance with section 1303(a)(1) of title 41 (or any successor regulation).

306.

International standards development

(a)

Findings

Congress finds the following:

(1)

Widespread use of standards facilitates technology advancement by defining and establishing common foundations for interoperability, product differentiation, technological innovation, and other value-added services.

(2)

Standards also promote an expanded, more interoperable, and efficient marketplace.

(3)

Global cooperation and coordination on standards for emerging technologies will be critical for having a consistent set of approaches to enable market competition, preclude barriers to trade, and allow innovation to flourish.

(4)

The People’s Republic of China’s Standardization Reform Plan and Five-Year Plan for Standardization highlight its high-level goals to establish China as a standards power by 2020, participate in at least half of all standards drafting and revision efforts in recognized international standards setting organizations, and strengthen China’s participation in the governance of international standards setting organizations.

(5)

As emerging technologies develop for global deployment, it is critical that the United States and its allies continue to participate in the development of standards that underpin the technologies themselves, and the future international governance of these technologies.

(6)

The United States position on standardization in emerging technologies will be critical to United States economic competitiveness.

(7)

The National Institute of Standards and Technology is in a unique position to strengthen United States leadership in standards development, particularly for emerging technologies, to ensure continuing United States economic competitiveness and national security.

(b)

Sense of congress

It is the sense of Congress that—

(1)

the principles of openness, transparency, due process, and consensus in the development of international standards are critical;

(2)

voluntary consensus standards, developed through an industry-led process, serve as the cornerstone of the United States standardization system and have become the basis of a sound national economy and the key to global market access;

(3)

strengthening the unique United States public-private partnerships approach to standards development is critical to United States economic competitiveness; and

(4)

the United States Government should ensure cooperation and coordination across Federal agencies to partner with and support private sector stakeholders to continue to shape international dialogues in regard to standards development for emerging technologies.

(c)

Activities and engagement

The Secretary of Commerce, acting through the Director, shall—

(1)

build capacity and training opportunities to help create a pipeline of talent and leadership in key standards development positions;

(2)

partner with private sector entities to support strategic engagement and leadership in the development of international standards for digital economy technologies, including partnering with industry to assist private sector partners to develop standards strategies and support engagement and participation in the relevant standards activities; and

(3)

prioritize efforts on standards development for emerging technologies, identify an organization to develop these standards, identify leadership positions of interest to the United States, and identify key contributors for technical and leadership expertise in these areas.

307.

Research funds accounting

(a)

Definitions

In this section:

(1)

Foreign entity of concern

The term foreign entity of concern means a foreign entity that is—

(A)

designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));

(B)

included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list);

(C)

owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 2533c(d) of title 10, United States Code);

(D)

alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—

(i)

chapter 37 of title 18, United States Code (commonly known as the Espionage Act);

(ii)

section 951 or 1030 of title 18, United States Code;

(iii)

chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996);

(iv)

the Arms Export Control Act (22 U.S.C. 2751 et seq.);

(v)

section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284);

(vi)

the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or

(vii)

the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or

(E)

determined by the Secretary of Commerce, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.

(2)

Study period

The term study period means the 5-year period ending on the date of enactment of this Act.

(b)

Study

The Comptroller General of the United States shall conduct a study on Federal funding made available, to foreign entities of concern for research, during the study period.

(c)

Matters to be included

The study conducted under subsection (b) shall include, to the extent practicable with respect to the study period, an assessment of—

(1)

the total amount of Federal funding made available to foreign entities of concern for research;

(2)

the total number and types of foreign entities of concern to whom such funding was made available;

(3)

the requirements relating to the awarding, tracking, and monitoring of such funding;

(4)

any other data available with respect to Federal funding made available to foreign entities of concern for research; and

(5)

such other matters as the Comptroller General determines appropriate.

(d)

Briefing on available data

Not later than 120 days after the date of the enactment of this Act, the Comptroller General shall brief the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives on the study conducted under subsection (b) and on the data that is available with respect to Federal funding made available to foreign entities of concern for research.

(e)

Report

The Comptroller General shall submit to the congressional committees specified in subsection (d), by a date agreed upon by the Comptroller General and the committees on the date of the briefing, a report on the findings of the study conducted under subsection (b).

308.

Plan with respect to sensitive or controlled information and background screening

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

(1)

identify research areas that may include sensitive or controlled information, including in the key technology focus areas; and

(2)

provide for background screening, as appropriate, for individuals working in such research areas who are employees of the Foundation or recipients of funding from the Foundation.

IV

Regional innovation capacity

401.

Regional technology hubs

(a)

In general

The Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96–480; 15 U.S.C. 3701 et seq.) is amended—

(1)

by redesignating section 28 as section 29; and

(2)

by inserting after section 27 the following:

28.

Regional technology hub program

(a)

Definitions

In this section:

(1)

Appropriate committees of Congress

The term appropriate committees of Congress means—

(A)

the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate; and

(B)

the Committee on Science, Space, and Technology, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.

(2)

Cooperative extension

The term cooperative extension has the meaning given the term extension in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103).

(3)

Key technology focus areas

The term key technology focus areas means the areas included on the most recent list under section 5 of the Endless Frontier Act.

(4)

Labor organization

The term labor organization has the meaning given such term in section 101 of the Endless Frontier Act.

(5)

Low population State

The term low population State means a State without an urbanized area with a population greater than 200,000 as reported in the 2010 decennial census.

(6)

Manufacturing extension center

The term manufacturing extension center has the meaning given the term Center in section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)).

(7)

Manufacturing USA institute

The term Manufacturing USA institute means an Manufacturing USA institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)).

(8)

Site connectivity infrastructure

The term site connectivity infrastructure means localized driveways and access roads to a facility as well as hookups to the new facility for drinking water, waste water, broadband, and other basic infrastructure services already present in the area.

(9)

Small and rural communities

The term small and rural community means a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 200,000.

(10)

Venture development organization

The term venture development organization has the meaning given such term in section 27(a) of the Stevenson-Wydler Act of 1980 (15 U.S.C. 3722(a)).

(b)

Regional technology hub program

(1)

In general

Subject to the availability of appropriations, the Secretary shall carry out a program—

(A)

to encourage new and constructive collaboration among local, State, and Federal government entities, academia, the private sector, economic development organizations, and labor organizations;

(B)

to support eligible consortia in the creation of regional innovation strategies;

(C)

to designate eligible consortia as regional technology hubs and facilitate activities by consortia designated as regional technology hubs in implementing their regional innovation strategies, in order—

(i)

to enable United States leadership in technology and innovation sectors critical to national and economic security;

(ii)

to support regional economic development, including in small cities and rural areas, and diffuse innovation around the United States; and

(iii)

to support domestic job creation and broad-based economic growth; and

(D)

to ensure that the regional technology hubs address the intersection of emerging technologies and either local and regional challenges or national challenges; and

(E)

to conduct ongoing research, evaluation, analysis, and dissemination of best practices for regional development and competitiveness in technology and innovation.

(2)

Awards

The Secretary shall carry out the program required by paragraph (1) through the award of the following:

(A)

Strategy development grants or cooperative agreements to eligible consortia under subsection (e).

(B)

Strategy implementation grants or cooperative agreements to regional technology hubs under subsection (f).

(3)

Administration

The Secretary shall carry out this section through the Assistant Secretary of Commerce for Economic Development in coordination with the Under Secretary of Commerce for Standards and Technology.

(c)

Eligible consortia

For purposes of this section, an eligible consortium is a consortium that—

(1)

includes 1 or more—

(A)

institutions of higher education;

(B)

local or Tribal governments or other political subdivisions of a State;

(C)

State governments represented by an agency designated by the governor of the State or States that is representative of the geographic area served by the consortia;

(D)

economic development organizations or similar entities that are focused primarily on improving science, technology, innovation, or entrepreneurship;

(E)

industry or firms in relevant technology or innovation sectors;

(F)

labor organizations or workforce training organizations, including State and local workforce development boards as established under section 101 and 107 of the Workforce Investment and Opportunity Act (29 U.S.C. 3111; 3122); and

(2)

may include 1 or more—

(A)

nonprofit economic development entities with relevant expertise, including a district organization (as defined in section 300.3 of title 13, Code of Federal Regulations, or successor regulation);

(B)

venture development organizations;

(C)

financial institutions and investment funds;

(D)

primary and secondary educational institutions, including career and technical education schools;

(E)

National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));

(F)

Federal laboratories;

(G)

Manufacturing extension centers;

(H)

Manufacturing USA institutes;

(I)

institutions receiving an award under section 104 of the Endless Frontier Act; and

(J)

a cooperative extension.

(d)

Designation of regional technology hubs

(1)

In general

In carrying out subsection (b)(1)(C), the Secretary shall use a competitive process to designate eligible consortia as regional technology hubs.

(2)

Geographic distribution

In conducting the competitive process under paragraph (1), the Secretary shall ensure geographic distribution in the designation of regional technology hubs by—

(A)

seeking to designate at least three technology hubs in each region covered by a regional office of the Economic Development Administration;

(B)

focusing on localities that are not leading technology centers;

(C)

ensuring that not fewer than one-third of eligible consortia designated as regional technology hubs significantly benefit a small and rural community, which may include a State described in subparagraph (D);

(D)

ensuring that not fewer than one-third of eligible consortia designated as regional technology hubs include as a member of the eligible consortia at least 1 member that is a State that is eligible to receive funding from the Established Program to Stimulate Competitive Research of the National Science Foundation; and

(E)

ensuring that at least one eligible consortium designated as a regional technology hub is headquartered in a low population State that is eligible to receive funding from the Established Program to Stimulate Competitive Research of the National Science Foundation.

(3)

Relation to certain grant awards

The Secretary shall not require an eligible consortium to receive a grant or cooperative agreement under subsection (e) in order to be designated as a regional technology hub under paragraph (1) of this subsection.

(e)

Strategy development grants and cooperative agreements

(1)

In general

The Secretary shall use a competitive process to award grants or cooperative agreements to eligible consortia for the development of regional innovation strategies.

(2)

Number of recipients

The Secretary shall award a grant or cooperative agreement under paragraph (1) to not fewer than 20 eligible consortia.

(3)

Geographic diversity and representation

(A)

In general

The Secretary shall carry out paragraph (1) in a manner that ensures geographic diversity and representation from communities of differing populations.

(B)

Awards to small and rural communities

In carrying out paragraph (1), the Secretary shall—

(i)

award not fewer than one-third of the grants and cooperative agreements under such paragraph to eligible consortia that significantly benefit a small and rural community, which may include a State described in clause (ii); and

(ii)

award not fewer than one-third of the grants and cooperative agreements under such paragraph to eligible consortia that include as a member of the eligible consortia at least 1 member that is a State that is eligible to receive funding from the Established Program to Stimulate Competitive Research of the National Science Foundation.

(4)

Use of funds

The amount of a grant or cooperative agreement awarded under paragraph (1) shall be as follows:

(A)

To coordinate locally defined planning processes, across jurisdictions and agencies, relating to developing a comprehensive regional technology strategy.

(B)

To identify regional partnerships for developing and implementing a comprehensive regional technology strategy.

(C)

To conduct or update assessments to determine regional needs.

(D)

To develop or update goals and strategies to implement an existing comprehensive regional plan.

(E)

To identify or implement local zoning and other code changes necessary to implement a comprehensive regional technology strategy.

(5)

Federal share

The Federal share of the cost of an effort carried out using a grant or cooperative agreement awarded under this subsection may not exceed 80 percent—

(A)

where in-kind contributions may be used for all or part of the non-Federal share, but Federal funding from other Government sources may not count towards the non-Federal share;

(B)

except in the case of an eligible consortium that represents all or part of a small and rural community, the Federal share may be up to 90 percent of the total cost, subject to subparagraph (A); and

(C)

except in the case of an eligible consortium that is led by a Tribal government, the Federal share may be up to 100 percent of the total cost of the project.

(f)

Strategy implementation grants and cooperative agreements

(1)

In general

The Secretary shall use a competitive process to award grants or cooperative agreements to regional technology hubs for the implementation of regional innovation strategies, including regional strategies for infrastructure and site development, in support of the regional technology hub’s plans and programs.

(2)

Use of funds

The amount of a grant or cooperative agreement awarded under subparagraph (A) to a regional technology hub may be used by the regional technology hub to support any of the following activities, consistent with the most current regional innovation strategy of the regional technology hub:

(A)

Workforce development activities

Workforce development activities, including activities relating to the following:

(i)

The creation of partnerships between industry, workforce, and academic groups, which may include community colleges, to create and align technical training and educational programs.

(ii)

The design, development, and updating of educational and training curriculum.

(iii)

The procurement of facilities and equipment, as required to train a technical workforce.

(iv)

The development and execution of programs to rapidly award certificates or credentials recognized by regional industry groups.

(v)

The matching of regional employers with a potential new entrant, underemployed, or incumbent workforce.

(vi)

The expansion of successful training programs at a scale required by the region served by the regional technology hub, including through the use of online education.

(B)

Business and entrepreneur development activities

Business and entrepreneur development activities, including activities relating to the following:

(i)

The development and growth of regional businesses and the training of entrepreneurs.

(ii)

The support of technology commercialization, including funding for activities relevant to the protection of intellectual property.

(iii)

The development of networks for business and entrepreneur mentorship.

(C)

Technology maturation activities

Technology maturation activities, including activities relating to the following:

(i)

The development and deployment of technologies in sectors critical to the region served by the regional technology hub or to national and economic security, including proof of concept, prototype development, and testing.

(ii)

The provision of facilities for technology maturation, including incubators for collaborative development of technologies by private sector, academic, and other entities.

(iii)

Activities to ensure access to capital for new business formation and business expansion, including by attracting new private, public, and philanthropic investment and by establishing regional venture and loan funds.

(iv)

Activities determined appropriate by the Secretary under section 27(c)(2) of this Act.

(D)

Infrastructure-related activities

The building of facilities and site connectivity infrastructure necessary to carry out activities described in subparagraphs (A), (B), and (C), including activities relating to the following:

(i)

Establishing a workforce training center with required tools and instrumentation.

(ii)

Establishing a facility for technology development, demonstration, and testing.

(iii)

Establishing collaborative incubators to support technology commercialization and entrepreneur training.

(3)

Limitation on amount of awards

The Secretary shall ensure that no single regional technology hub receives more than 10 percent of the aggregate amount of the grants and cooperative agreements awarded under this subsection.

(4)

Term

(A)

In general

The term of a grant or cooperative agreement awarded under this subsection shall be for such period as the Secretary considers appropriate.

(B)

Renewal

The Secretary may renew a grant or cooperative agreement awarded to a regional technology hub under this subsection as the Secretary considers appropriate if the Secretary determines that the performance of the regional technology hub is satisfactory.

(5)

Matching required

(A)

In general

Except in the case of a regional technology hub described in subparagraph (B), the total amount of all grants awarded to a regional technology hub under this subsection in a given year shall not exceed amounts as follows:

(i)

In the first year of the grant or cooperative agreement, 90 percent of the total operating costs of the regional technology hub in that year.

(ii)

In the second year of the grant or cooperative agreement, 85 percent of the total operating costs of the regional technology hub in that year.

(iii)

In the third year of the grant or cooperative agreement, 80 percent of the total operating costs of the regional technology hub in that year.

(iv)

In the fourth year of the grant or cooperative agreement and each year thereafter, 75 percent of the total operating costs of the regional technology hub in that year.

(B)

Small and rural communities and indian tribes

(i)

In general

The total Federal financial assistance awarded in a given year to a regional technology hub under this subsection shall not exceed amounts as follows:

(I)

In the case of a regional technology hub that represents a small and rural community, in a fiscal year, 90 percent of the total funding of the regional technology hub in that fiscal year.

(II)

In the case of an regional technology hub that is led by a Tribal government, in a fiscal year, 100 percent of the total funding of the regional technology hub in that fiscal year.

(ii)

Minimum threshold of rural representation

For purposes of clause (i)(I), the Secretary shall establish a minimum threshold of rural representation in the regional technology hub.

(C)

In-kind contributions

For purposes of this paragraph, in-kind contributions may be used for part of the non-Federal share of the total funding of a regional technology hub in a fiscal year.

(6)

Grants for infrastructure

Any grant or cooperative agreement awarded under this subsection to support the construction of facilities and site connectivity infrastructure shall be awarded pursuant to section 201 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141) and subject to the provisions of such Act, except that subsection (b) of such section and sections 204 and 301 of such Act (42 U.S.C. 3144, 3161) shall not apply.

(7)

Relation to certain grant awards

The Secretary shall not require a regional technology hub to receive a grant or cooperative agreement under subsection (e) in order to receive a grant or cooperative agreement under this subsection.

(g)

Applications

An eligible consortium seeking designation as a regional technology hub under subsection (d) or a grant or cooperative agreement under subsection (e) or (f) shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may specify.

(h)

Considerations for designation and award of strategy development grants and cooperative agreements

In selecting an eligible consortium that submitted an application under subsection (g) for designation under subsection (d) or for a grant or cooperative agreement under subsection (f), the Secretary shall consider, at a minimum, the following:

(1)

The potential of the eligible consortium to advance the research, development, deployment, and domestic manufacturing of technologies in a key technology focus area or other technology or innovation sector critical to national and economic security.

(2)

The likelihood of positive regional economic effect, including increasing the number of high wage domestic jobs, and creating new economic opportunities for economically disadvantaged and underrepresented populations.

(3)

How the eligible consortium plans to integrate with and leverage the resources of 1 or more federally funded research and development centers, National Laboratories, Federal laboratories, Manufacturing USA institutes, Hollings Manufacturing Extension Partnership centers, university technology centers established under section 104 of the Endless Frontier Act, the program established under section 107 of the such Act, test beds established and operated under section 108 of such Act, or other Federal research entities.

(4)

How the eligible consortium will engage with the private sector, including small- and medium-sized businesses to commercialize new technologies and improve the resiliency of domestic supply chains in a key technology focus area or other technology or innovation sector critical to national and economic security.

(5)

How the eligible consortium will carry out workforce development and skills acquisition programming, including through partnerships with entities that include State and local workforce development boards, institutions of higher education, including community colleges, historically Black colleges and universities, Tribal colleges and universities, and minority serving institutions, labor organizations, and workforce development programs, and other related activities authorized by the Secretary, to support the development of a key technology focus area or other technology or innovation sector critical to national and economic security.

(6)

How the eligible consortium will improve science, technology, engineering, and mathematics education programs in the identified region in elementary and secondary school and higher education institutions located in the identified region to support the development of a key technology focus area or other technology or innovation sector critical to national and economic security.

(7)

How the eligible consortium plans to develop partnerships with venture development organizations and sources of private investment in support of private sector activity, including launching new or expanding existing companies, in a key technology focus area or other technology or innovation sector critical to national and economic security.

(8)

How the eligible consortium plans to organize the activities of regional partners across sectors in support of a regional technology hub.

(9)

How the eligible consortium will ensure that growth in technology and innovation sectors produces broadly shared opportunity across the identified region, including for economic disadvantaged and underrepresented populations and rural areas.

(10)

The likelihood efforts served by the consortium will be sustained once Federal support ends.

(11)

How the eligible consortium will—

(A)

enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of innovative clean technologies and advanced manufacturing practices; and

(B)

support translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology.

(i)

Coordination and collaboration

(1)

Coordination with regional innovation program

The Secretary shall work to ensure the activities under this section do not duplicate activities or efforts under section 27, as the Secretary considers appropriate.

(2)

Coordination with programs of the National Institute of Standards and Technology

The Secretary shall coordinate the activities of regional technology hubs designated under this section, the Hollings Manufacturing Extension Partnership, and the Manufacturing USA Program, as the Secretary considers appropriate, to maintain the effectiveness of a manufacturing extension center or a Manufacturing USA institute.

(3)

Coordination with Department of Energy programs

The Secretary shall, in collaboration with the Secretary of Energy, coordinate the activities and selection of regional technology hubs designated under this section, as the Secretaries consider appropriate, to maintain the effectiveness of activities at the Department of Energy and the National Laboratories.

(4)

Interagency collaboration

In designating regional technology hubs under subsection (d) and awarding grants or cooperative agreements under subsection (f), the Secretary—

(A)

shall collaborate, to the extent possible, with the interagency working group established under section 4 of the Endless Frontier Act;

(B)

shall collaborate with Federal departments and agencies whose missions contribute to the goals of the regional technology hub;

(C)

shall consult with the Director of the National Science Foundation for the purpose of ensuring that the regional technology hubs are aligned with relevant science, technology, and engineering expertise; and

(D)

may accept funds from other Federal agencies to support grants, cooperative agreements, and activities under this section.

(j)

Performance measurement, transparency, and accountability

(1)

Metrics, standards, and assessment

For each grant and cooperative agreement awarded under subsection (f) for a regional technology hub, the Secretary shall—

(A)

develop metrics, which may include metrics relating to domestic job creation, patent awards, and business formation and expansion, to assess the effectiveness of the activities funded in making progress toward the purposes set forth under subsection (b)(1);

(B)

establish standards for the performance of the regional technology hub that are based on the metrics developed under subparagraph (A); and

(C)

4 years after the initial award under subsection (f) and every 2 years thereafter until Federal financial assistance under this section for the regional technology hub is discontinued, conduct an assessment of the regional technology hub to confirm whether the performance of the regional technology hub is meeting the standards for performance established under subparagraph (B) of this paragraph.

(2)

Final reports by recipients of strategy implementation grants and cooperative agreements

(A)

In general

The Secretary shall require each eligible consortium that receives a grant or cooperative agreement under subsection (f) for activities of a regional technology hub, as a condition of receipt of such grant or cooperative agreement, to submit to the Secretary, not later than 120 days after the last day of the term of the grant or cooperative agreement, a report on the activities of the regional technology hub supported by the grant or cooperative agreement.

(B)

Contents of report

Each report submitted by an eligible consortium under subparagraph (A) shall include the following:

(i)

A detailed description of the activities carried out by the regional technology hub using the grant or cooperative agreement described in subparagraph (A), including the following:

(I)

A description of each project the regional technology hub completed using such grant or cooperative agreement.

(II)

An explanation of how each project described in subclause (I) achieves a specific goal under this section in the region of the regional technology hub with respect to—

(aa)

the resiliency of a supply chain;

(bb)

research, development, and deployment of a critical technology;

(cc)

workforce training and development;

(dd)

domestic job creation; or

(ee)

entrepreneurship.

(ii)

A discussion of any obstacles encountered by the regional technology hub in the implementation of the regional technology hub and how the regional technology hub overcame those obstacles.

(iii)

An evaluation of the success of the projects of the regional technology hub using the performance standards and measures established under paragraph (1), including an evaluation of the planning process and how the project contributes to carrying out the regional innovation strategy of the regional technology hub.

(iv)

The effectiveness of the regional technology hub in ensuring that, in the region of the regional technology hub, growth in technology and innovation sectors produces broadly shared opportunity across the region, including for economic disadvantaged and underrepresented populations and rural areas.

(v)

Information regarding such other matters as the Secretary may require.

(3)

Interim reports by recipients of grants and cooperative agreements

In addition to requiring submittal of final reports under paragraph (2)(A), the Secretary may require a regional technology hub described in such paragraph to submit to the Secretary such interim reports as the Secretary considers appropriate.

(4)

Annual reports to Congress

Not less frequently than once each year, the Secretary shall submit to the appropriate committees of Congress an annual report on the results of the assessments conducted by the Secretary under paragraph (1)(C) during the period covered by the report.

(k)

Authorization of appropriations

There is authorized to be appropriated to the Secretary, for the period of fiscal years 2022 through 2026—

(1)

$7,540,000,000 to award grants and cooperative agreements under subsection (f); and

(2)

$460,000,000 to award grants and cooperative agreements under subsection (e).

.

(b)

Initial designations and awards

(1)

Competition required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall commence a competition under subsection (d)(1) of section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96–480), as added by subsection (a).

(2)

Designation and award

Not later than 1 year after the date of the enactment of this Act, if the Secretary has received at least 1 application under subsection (g) of such section from an eligible consortium whom the Secretary considers suitable for designation under subsection (d)(1) of such section, the Secretary shall—

(A)

designate at least 1 regional technology hub under subsection (d)(1) of such section; and

(B)

award a grant or cooperative agreement under subsection (f)(1) of such section to each regional technology hub designated pursuant to subparagraph (A) of this paragraph.

402.

Manufacturing USA Program

(a)

Definitions

In this section:

(1)

Historically black college or university

The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)).

(2)

Manufacturing USA institute

The term Manufacturing USA institute means an institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)).

(3)

Manufacturing USA Network

The term Manufacturing USA Network means the network established under section 34(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(c)).

(4)

Manufacturing USA Program

The term Manufacturing USA Program means the program established under section 34(b)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(b)(1)).

(5)

Minority-serving institution

The term minority-serving institution means an eligible institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(6)

National Program Office

The term National Program Office means the National Program Office established under section 34(h)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(h)(1)).

(7)

Tribal college or university

The term Tribal college or university has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)).

(b)

Authorization of appropriations to enhance and expand Manufacturing USA Program and support innovation and growth in domestic manufacturing

There is authorized to be appropriated $1,200,000,000 for the period of fiscal years 2022 through 2026 for the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology and in consultation with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant—

(1)

to carry out the Manufacturing USA Program, including by awarding financial assistance under section 34(e) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(e)) for Manufacturing USA institutes that were in effect on the day before the date of the enactment of this Act; and

(2)

to expand such program to support innovation and growth in domestic manufacturing.

(c)

Diversity preferences

Section 34(e) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(e)) is amended by adding at the end the following:

(8)

Diversity preferences

In awarding financial assistance under paragraph (1) for planning or establishing a Manufacturing USA institute, an agency head shall prioritize Manufacturing USA institutes that—

(A)

contribute to the geographical diversity of the Manufacturing USA Program;

(B)

are located in an area with a low per capita income; and

(C)

are located in an area with a high proportion of socially disadvantaged residents.

.

(d)

Coordination between Manufacturing USA Program and Hollings Manufacturing Extension Partnership

The Secretary shall facilitate the coordination of the activities of the Manufacturing USA Program and the activities of Hollings Manufacturing Extension Partnership with each other to the degree that doing so does not diminish the effectiveness of the ongoing activities of a Manufacturing USA institute or a Center (as the term is defined in section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)), including Manufacturing USA institutes entering into agreements with a Center (as so defined) that the Secretary considers appropriate to provide services relating to the mission of the Hollings Manufacturing Extension Partnership, including outreach, technical assistance, workforce development, and technology transfer and adoption assistance to small- and medium-sized manufacturers.

(e)

Advice from the National Manufacturing Advisory Council

The Secretary shall seek advice from the National Manufacturing Advisory Council on matters concerning investment in and support of the manufacturing workforce within the Manufacturing USA Program, including those matters covered under section 404(d)(7).

(f)

Participation of minority-serving institutions, historically Black colleges and universities, and Tribal colleges and universities

(1)

In general

The Secretary of Commerce, in consultation with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, shall coordinate with existing and new Manufacturing USA institutes to integrate covered entities as active members of the Manufacturing USA institutes, including through the development of preferences in selection criteria for proposals to create new Manufacturing USA institutes or renew existing Manufacturing USA institutes that are led by a covered entity.

(2)

Covered entities

For purposes of this subsection, a covered entity is—

(A)

a minority-serving institution;

(B)

an historically Black college or university;

(C)

a Tribal college or university; or

(D)

a minority business enterprise (as defined in section 1400.2 of title 15, Code of Federal Regulations, or successor regulation).

(g)

Department of Commerce policies to promote domestic production of technologies developed under Manufacturing USA Program

(1)

Policies

(A)

In general

Each agency head (as defined in section 34(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(a))) and the Secretary of Defense shall, in consultation with the Secretary of Commerce, establish policies to promote the domestic production of technologies developed by the Manufacturing USA Network.

(B)

Elements

The policies developed under subparagraph (A) shall include the following:

(i)

Measures to partner domestic developers of goods, services, or technologies by Manufacturing USA Network activities with domestic manufacturers and sources of financing.

(ii)

Measures to develop and provide incentives to promote transfer of intellectual property and goods, services, or technologies developed by Manufacturing USA Network activities to domestic manufacturers.

(iii)

Measures to assist with supplier scouting and other supply chain development, including the use of the Hollings Manufacturing Extension Partnership to carry out such measures.

(iv)

A process to review and approve or deny membership in a Manufacturing USA institute by foreign-owned companies, especially from countries of concern, including the People’s Republic of China.

(v)

Measures to prioritize Federal procurement of goods, services, or technologies developed by the Manufacturing USA Network activities from domestic sources, as appropriate.

(C)

Processes for waivers

The policies established under this paragraph shall include processes to permit waivers, on a case by case basis, for policies that promote domestic production based on cost, availability, severity of technical and mission requirements, emergency requirements, operational needs, other legal or international treaty obligations, or other factors deemed important to the success of the Manufacturing USA Program.

(2)

Prohibition

(A)

Company defined

In this paragraph, the term company has the meaning given such term in section 847(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2509 note).

(B)

In general

A company of the People’s Republic of China may not participate in the Manufacturing USA Program or the Manufacturing USA Network without a waiver, as described in paragraph (1)(C).

(h)

Coordination of Manufacturing USA institutes

(1)

In general

Section 34(h) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(h)) is amended by adding at the end the following:

(7)

Council for coordination of institutes

(A)

Council

The National Program Office shall establish or designate a council of heads of any Manufacturing USA institute receiving Federal funding at any given time to foster collaboration between Manufacturing USA institutes.

(B)

Meetings

The council established or designated under subparagraph (A) shall meet not less frequently than twice each year.

(C)

Duties of the council

The council established under subparagraph (A) shall assist the National Program Office in carrying out the functions of the National Program Office under paragraph (2).

.

(2)

Report required

Not later than 180 days after the date on which the council is established under section 34(h)(7)(A) of the National Institute of Standards and Technology Act, as added by paragraph (1), the council shall submit to the National Program Office a report containing recommendations for improving inter-network collaboration.

(3)

Submittal to Congress

Not later than 30 days after the date on which the report required by paragraph (2) is submitted to the National Program Office, the Director of the National Institute of Standards and Technology shall submit such report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.

(i)

Requirement for National Program Office to develop strategies for retaining domestic public benefit after cease of Federal funding

Section 34(h)(2)(C) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(h)(2)(C)) is amended by inserting , including a strategy for retaining domestic public benefits from Manufacturing USA institutes once Federal funding has been discontinued after Program.

(j)

Modification of functions of National Program Office to include development of industry credentials

Section 34(h)(2)(J) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(h)(2)(J)) is amended by inserting , including the development of industry credentials after activities.

403.

Establishment of expansion awards program in Hollings Manufacturing Extension Partnership and authorization of appropriations for the Partnership

(a)

Establishment of expansion awards program

The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after section 25A (15 U.S.C. 278k–1) the following:

25B.

Expansion awards program

(a)

Definitions

The terms used in this section have the meanings given the terms in section 25.

(b)

Establishment

The Director shall establish, subject to the availability of appropriations, within the Hollings Manufacturing Extension Partnership under sections 25 and 26 a program of expansion awards among participants described in subsection (c) of this section for the purposes described in subsection (d) of this section.

(c)

Participants

Participants receiving awards under this section shall be Centers, or a consortium of Centers.

(d)

Purpose of awards

An award under this section shall be made for one or more of the following purposes:

(1)

To provide worker education, training, development, and entrepreneurship training and to connect individuals or business with such services offered in their community, which may include employee ownership and workforce training, connecting manufacturers with career and technical education entities, institutions of higher education (including community colleges), workforce development boards, State government programs for advanced manufacturing, entities (such as public-private partnerships) or a collection of entities and individuals carrying out an advanced manufacturing forum that would serve educationally underrepresented individuals (such as underrepresented racial and ethnic minorities), labor organizations, and nonprofit job training providers to develop and support training and job placement services, apprenticeship and online learning platforms, for new and incumbent workers, programming to prevent job losses when adopting new technologies and processes, and development of employee ownership practices.

(2)

To mitigate vulnerabilities to cyberattacks, including helping to offset the cost of cybersecurity projects for small manufacturers.

(3)

To expand advanced technology services to small- and medium-sized manufacturers, which may include—

(A)

developing technology demonstration laboratories;

(B)

services for the adoption of advanced technologies, including smart manufacturing technologies and practices; and

(C)

establishing partnerships, for the development, demonstration, and deployment of advanced technologies, with—

(i)

national laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));

(ii)

Federal laboratories;

(iii)

Manufacturing USA institutes (as described in section 402); and

(iv)

institutions of higher education.

(4)

To build capabilities across the Hollings Manufacturing Extension Partnership for domestic supply chain resiliency and optimization, including—

(A)

assessment of domestic manufacturing capabilities, expanded capacity for researching and deploying information on supply chain risk, hidden costs of reliance on offshore suppliers, and other relevant topics; and

(B)

expanded services to provide industry-wide support that assists United States manufacturers with reshoring manufacturing to strengthen the resiliency of domestic supply chains, including in critical technology areas and foundational manufacturing capabilities that are key to domestic manufacturing competitiveness and resiliency, including forming, casting, machining, joining, surface treatment, tooling, and metal or chemical refining.

(e)

Reimbursement

The Director may reimburse Centers for costs incurred by the Centers under this section.

(f)

Program contribution

Recipients of awards under this section shall not be required to provide a matching contribution.

.

(b)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to carry out the Hollings Manufacturing Extension Partnership program under sections 25, 25A, and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k, 278k-1, and 278l), and section 25B of such Act, as added by subsection (a), $480,000,000 for each of fiscal years 2022 through fiscal year 2026.

(2)

Base funding

Of the amounts appropriated pursuant to the authorization in paragraph (1), $216,000,000 shall be available in each fiscal year to carry out the Hollings Manufacturing Extension Partnership under sections 25 and 25A of such Act (15 U.S.C. 278k and 278k-1), of which $40,000,000 shall not be subject to cost share requirements under subsection (e)(2) of such section: Provided, That the authority made available pursuant to this section shall be elective for any Manufacturing Extension Partnership Center that also receives funding from a State that is conditioned upon the application of a Federal cost sharing requirement.

(3)

Expansion award program

Of the amounts appropriated pursuant to the authorization in paragraph (1), $264,000,000 shall be available each fiscal year to carry out section 25B of such Act, as added by subsection (a).

404.

National Manufacturing Advisory Council

(a)

Definitions

In this section:

(1)

Advisory Council

The term Advisory Council means the National Manufacturing Advisory Council established under subsection (b)(1).

(2)

Appropriate committees of Congress

The term appropriate committees of Congress means—

(A)

the Committee on Health, Education, Labor, and Pensions, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and

(B)

the Committee on Education and Labor, the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

(3)

Secretary

The term Secretary means the Secretary of Commerce.

(b)

Establishment

(1)

In general

The Secretary, in consultation with the Secretary of Labor, the Secretary of Defense, the Secretary of Energy, and the Secretary of Education, shall establish within the Department of Commerce the National Manufacturing Advisory Council.

(2)

Purpose

The purpose of the Advisory Council shall be to—

(A)

provide worker education, training, development, and entrepreneurship training;

(B)

connect individuals and business with the services described in subparagraph (A) that are offered in the community of the individuals or businesses;

(C)

coordinate services relating to employee engagement, including employee ownership and workforce training;

(D)

connect manufacturers with career and technical education entities, institutions of higher education, community colleges, workforce development boards, labor organizations, and nonprofit job training providers to develop and support training and job placement services and apprenticeship and online learning platforms for new and incumbent workers;

(E)

develop programming to prevent job losses as entities adopt new technologies and processes; and

(F)

develop best practices for employee ownership.

(c)

Mission

The mission of the Advisory Council shall be to—

(1)

ensure regular communication between the Federal Government and the manufacturing sector in the United States;

(2)

advise the Federal Government regarding policies and programs of the Federal Government that affect manufacturing in the United States;

(3)

provide a forum for discussing and proposing solutions to problems relating to the manufacturing industry in the United States; and

(4)

ensure that the United States remains the preeminent destination throughout the world for investment in manufacturing.

(d)

Duties

The duties of the Advisory Council shall include—

(1)

meeting not less frequently than every 180 days to provide independent advice and recommendations to the Secretary regarding issues involving manufacturing in the United States;

(2)

completing specific tasks requested by the Secretary;

(3)

conveying input from key industry, labor, academic, defense, governmental, and other stakeholders to aid in the development of a national strategic plan for manufacturing in the United States;

(4)

monitoring the status of technological developments, critical production capacity, skill availability, investment patterns, emerging defense needs, and other key indicators of manufacturing competitiveness to provide foresight for periodic updates to the national strategic plan for manufacturing developed under paragraph (3);

(5)

soliciting input from the public and private sectors and academia relating to emerging trends in manufacturing, the responsiveness of Federal programming with respect to manufacturing, and suggestions for areas of increased Federal attention with respect to manufacturing;

(6)

monitoring global manufacturing trends and global threats to manufacturing sectors in the United States;

(7)

providing advice and recommendations to the Federal Government on matters relating to investment in and support of the manufacturing workforce relating to—

(A)

worker participation, including through labor organizations and through other methods determined by the Advisory Council, in the planning for deployment of new technologies across an industry and within workplaces;

(B)

training and education priorities for the Federal Government and for employers to assist workers in adapting the skills and experiences of those workers to fit the demands of the 21st century economy;

(C)

innovative suggestions from workers on the development of new technologies and processes and, as appropriate, assessing the impact of those technologies and processes on the workforce and economy of the United States;

(D)

management practices that lead to worker employment, job quality, worker protection, worker participation and power in decision making, and investment in worker career success;

(E)

policies and procedures to prioritize diversity and inclusion in the manufacturing and technology workforce by expanding access to job, career advancement, and management opportunities for underrepresented populations; and

(F)

advice on how to improve access to demand-driven education, training, and re-training for workers, including community and technical colleges, higher education, apprenticeships and work-based learning opportunities;

(8)

with respect to the manufacturing.gov website, or any successor thereto, providing input and improvements in order to—

(A)

make that website more user-friendly to enhance the ability of that website to—

(i)

provide information to manufacturers; and

(ii)

receive feedback from manufacturers;

(B)

assist that website in becoming the principal place of interaction between manufacturers in the United States and Federal programs relating to manufacturing; and

(C)

enable that website to provide assistance to manufacturers relating to—

(i)

international trade and investment matters;

(ii)

research and technology development opportunities;

(iii)

workforce development and training programs and opportunities;

(iv)

small and medium manufacturer needs; and

(v)

industrial commons and supply chain needs.

(e)

Membership

(1)

In general

The Advisory Council shall—

(A)

consist of individuals appointed by the Secretary with a balance of backgrounds, experiences, and viewpoints; and

(B)

include an equal proportion of individuals with manufacturing experience who represent private industry, academia, and labor organizations.

(2)

Public participation

The Secretary shall, to the maximum extent practicable, accept recommendations from the public regarding the appointment of individuals under paragraph (1).

(3)

Period of appointment; vacancies

(A)

In general

Each member of the Advisory Council shall be appointed by the Secretary for a term of 3 years.

(B)

Renewal

The Secretary may renew an appointment made under subparagraph (A) not more than 2 additional terms

(C)

Stagger terms

The Secretary may stagger the terms of the members of the Advisory Council to ensure that the terms of the members expire during different years.

(D)

Vacancies

Any member appointed to fill a vacancy on the Advisory Council occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that term until a successor has been appointed.

(f)

Transfer of functions

(1)

In general

All functions of the United States Manufacturing Council of the International Trade Administration of the Department of Commerce, including the personnel, assets, and obligations of the United States Manufacturing Council of the International Trade Administration of the Department of Commerce, as in existence on the day before the date of enactment of this Act, shall be transferred to the Advisory Council.

(2)

Deeming of name

Any reference in law, regulation, document, paper, or other record of the United States to the United States Manufacturing Council of the International Trade Administration of the Department of Commerce shall be deemed a reference to the Advisory Council.

(3)

Unexpended balances

Unexpended balances of appropriations, authorization, allocations, or other funds related to the United States Manufacturing Council of the International Trade Administration of the Department of Commerce shall be available for use by the Advisory Council for the purpose for which the appropriations, authorizations, allocations, or other funds were originally made available.

(g)

Report

Not later than 180 days after the date on which the Advisory Council holds the initial meeting of the Advisory Council and annually thereafter, the Advisory Council shall submit to the appropriate committees of Congress a report containing a detailed statement of the advice and recommendations of the Advisory Council required under subsection (d)(7).

V

Miscellaneous

501.

Strategy and report on economic security, science, research, and innovation to support the national security strategy

(a)

National security strategy defined

In this section, the term national security strategy means the national security strategy required by section 108 of the National Security Act of 1947 (50 U.S.C. 3043).

(b)

Strategy and report

(1)

In general

Not later than 90 days after the transmission of each national security strategy under section 108(a) of the National Security Act of 1947 (50 U.S.C. 3043(a)), the Director of the Office of Science and Technology Policy shall, in coordination with the National Science and Technology Council, the Director of the National Economic Council, and the heads of such other relevant Federal agencies as the Director of the Office of Science and Technology Policy considers appropriate and in consultation with such nongovernmental partners as the Director of the Office of Science and Technology Policy considers appropriate—

(A)

review such strategy, programs, and resources as the Director of the Office of Science and Technology Policy determines pertain to United States national competitiveness in science, research, innovation, and technology transfer, including patenting and licensing, to support the national security strategy;

(B)

develop or revise a national strategy to improve the national competitiveness of the United States in science, research, and innovation to support the national security strategy; and

(C)

submit to Congress—

(i)

a report on the findings of the Director with respect to the review conducted under subparagraph (A); and

(ii)

the strategy developed or revised under subparagraph (B).

(2)

Termination

The requirement of paragraph (1) shall terminate on the date that is 5 years after the date of the enactment of this Act.

(c)

Elements

(1)

Report

Each report submitted under subsection (b)(1)(C)(i) shall include the following:

(A)

An assessment of public and private investment in civilian and military science and technology and its implications for the geostrategic position of the United States.

(B)

A description of the prioritized economic security interests and objectives, including domestic job creation, of the United States relating to science, research, and innovation and an assessment of how investment in civilian and military science and technology can advance those objectives.

(C)

An assessment of global trends in science and technology, including potential threats to the leadership of the United States in science and technology.

(D)

An assessment of the national debt and its implications for the economic and national security of the United States.

(E)

An assessment of how regional efforts are contributing and could contribute to the innovation capacity of the United States, including programs run by State and local governments.

(F)

An assessment of—

(i)

workforce needs for competitiveness in key technology focus areas; and

(ii)

any efforts needed—

(I)

to expand pathways into key technology focus areas; and

(II)

to improve workforce development and employment systems, as well as programs and practices to upskill incumbent workers.

(G)

An assessment of barriers to competitiveness and barriers to the development and evolution of start-ups, small and mid-sized business entities, and industries.

(H)

An assessment of the effectiveness of the Federal Government, federally funded research and development centers, and national labs in supporting and promoting technology commercialization and technology transfer, including an assessment of the adequacy of Federal research and development funding in creating new domestic manufacturing growth and job creation across sectors and promoting competitiveness and the development of new technologies.

(I)

An assessment of manufacturing capacity, logistics, and supply chain dynamics of major export sectors, including access to a skilled workforce, physical infrastructure, and broadband network infrastructure.

(J)

An assessment of how the Federal Government is increasing the participation of underrepresented populations in science, research, innovation, and manufacturing.

(K)

An assessment of public-private partnerships in technology commercialization, including—

(i)

the structure of current technology research and commercialization arrangements with regard to public-private partnerships; and

(ii)

the extent to which intellectual property developed with Federal funding—

(I)

is being used to manufacture in the United States rather than in other countries; and

(II)

is being used by foreign business entities that are majority owned or controlled (as defined in section 800.208 of title 31, Code of Federal Regulations, or a successor regulation), or minority owned greater than 25 percent by—

(aa)

any governmental organization of the People’s Republic of China; or

(bb)

any other entity that is—

(AA)

known to be owned or controlled by any governmental organization of the People’s Republic of China; or

(BB)

organized under, or otherwise subject to, the laws of the People’s Republic of China.

(2)

Strategy

Each strategy submitted under subsection (b)(1)(C)(ii) shall include the following:

(A)

A plan to utilize available tools to address or minimize the leading threats and challenges and to take advantage of the leading opportunities, particularly in regards to key technology focus areas central to international competition, including the following:

(i)

Specific objectives, tasks, metrics, and milestones for each relevant Federal agency.

(ii)

Strategic objectives and priorities necessary to maintain the leadership of the United States in science and technology, including near-term, medium-term, and long-term research priorities.

(iii)

Specific plans to safeguard research and technology funded, as appropriate, in whole or in part, by the Federal Government, including in the key technology focus areas, from theft or exfiltration by foreign entities of concern.

(iv)

Specific plans to support public and private sector investment in research, technology development, education and workforce development, and domestic manufacturing supportive of the national economic competitiveness of the United States and to foster the use of public-private partnerships.

(v)

Specific plans to promote sustainability practices and strategies for increasing jobs in the United States.

(vi)

A description of—

(I)

how the strategy submitted under subsection (b)(1)(C)(ii) supports the national security strategy; and

(II)

how the strategy submitted under such subsection is integrated and coordinated with the most recent national defense strategy under section 113(g) of title 10, United States Code.

(vii)

A plan to encourage the governments of countries that are allies or partners of the United States to cooperate with the execution of the strategy submitted under subsection (b)(1)(C)(ii), where appropriate.

(viii)

A plan for how the United States should develop local and regional capacity for building innovation ecosystems across the Nation by providing Federal support.

(ix)

A plan for strengthening the industrial base of the United States.

(x)

A plan to remove or update overly burdensome or outdated Federal regulations as appropriate.

(xi)

A plan—

(I)

to further incentivize industry participation in public-private partnerships for the purposes of accelerating technology research and commercialization, including alternate ways of accounting for in-kind contributions and value of partially manufactured products;

(II)

to ensure that intellectual property developed with Federal funding is commercialized in the United States; and

(III)

to ensure, to the maximum appropriate extent, that intellectual property developed with Federal funding is not being used by foreign business entities that are majority owned or controlled (as defined in section 800.208 of title 31, Code of Federal Regulations, or a successor regulation), or minority owned greater than 25 percent by—

(aa)

any governmental organization of the People’s Republic of China; or

(bb)

any other entity that is—

(AA)

known to be owned or controlled by any governmental organization of the People’s Republic of China; or

(BB)

organized under, or otherwise subject to, the laws of the People’s Republic of China.

(xii)

An identification of additional resources, administrative action, or legislative action recommended to assist with the implementation of such strategy.

(d)

Research and development funding

The Director of the Office of Science and Technology Policy shall, as the Director considers necessary, consult with the Director of the Office of Management and Budget and with the heads of such other elements of the Executive Office of the President as the Director of the Office of Science and Technology Policy considers appropriate to ensure that the recommendations and priorities with respect to research and development funding as expressed in the most recent report and strategy submitted under subsection (b)(1)(C) are incorporated into the development of annual budget requests for Federal research agencies.

(e)

Publication

The Director of the Office of Science and Technology Policy shall, consistent with the protection of national security and other sensitive matters and otherwise to the maximum extent practicable, make each report submitted under subsection (b)(1)(C)(i) publicly available on an internet website of the Office of Science and Technology Policy. The report may include a classified annex if the working group determines appropriate.

502.

Person or entity of concern prohibition

No person published on the list under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 note) or entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) may receive or participate in any grant, award, program, support, or other activity under—

(1)

the Directorate established in section 102;

(2)

the supply chain resiliency program under section 504;

(3)

section 28(b)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as added by section 401(a); or

(4)

the Manufacturing USA Program, as improved and expanded under section 402.

503.

Study on emerging science and technology challenges faced by the United States and recommendations to address them

(a)

Short title

This section may be cited as the National Strategy to Ensure American Leadership Act of 2021 or the National SEAL Act of 2021.

(b)

Study

(1)

In general

The Secretary of Commerce shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study—

(A)

to identify the 10 most critical emerging science and technology challenges facing the United States; and

(B)

to develop recommendations for legislative or administrative action to ensure United States leadership in matters relating to such challenges.

(2)

Elements

The study conducted under paragraph (1) shall include identification, review, and evaluation of the following:

(A)

Matters pertinent to identification of the challenges described in paragraph (1)(A).

(B)

Matters relating to the recommendations developed under paragraph (1)(B), including with respect to education and workforce development necessary to address each of the challenges identified under paragraph (1)(A).

(C)

Matters related to the review of key technology focus areas by the Director of the National Science Foundation under section 5.

(D)

An assessment of the current relative balance in leadership in addressing the challenges identified in paragraph (1)(A) between the United States, allies or key partners of the United States, and the People’s Republic of China.

(3)

Timeframe

(A)

Agreement

The Secretary of Commerce shall seek to enter into the agreement required by paragraph (1) on or before the date that is 60 days after the date of enactment of this Act.

(B)

Findings

Under an agreement entered into under paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall, not later than 1 year after the date on which the Secretary of Commerce and the National Academies enter into such agreement, transmit to the Secretary of Commerce the findings of the National Academies with respect to the study conducted pursuant to such agreement.

(c)

Report

(1)

In general

Not later than 30 days after the date on which the Secretary of Commerce receives the findings of the National Academies of Sciences, Engineering, and Medicine with respect to the study conducted under subsection (b), the Secretary of Commerce shall submit to Congress a “Strategy to Ensure American Leadership” report on such study.

(2)

Contents

The report submitted under paragraph (1) shall include the following:

(A)

The findings of the National Academies of Sciences, Engineering, and Medicine with respect to the study conducted under subsection (b).

(B)

The conclusions of the Secretary of Commerce with respect to such findings.

(C)

The recommendations developed under subsection (b)(1)(B).

(D)

Such other recommendations for legislative or administrative action as the Secretary of Commerce may have with respect to such findings and conclusions.

(3)

Classified annex

The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary of Commerce determines appropriate.

(d)

Information from federal agencies

(1)

In general

The National Academies of Sciences, Engineering, and Medicine may secure directly from a Federal department or agency such information as the National Academies of Sciences, Engineering, and Medicine consider necessary to carry out the study under subsection (b).

(2)

Furnishing information

On request of the National Academies of Sciences, Engineering, and Medicine for information, the head of the department or agency shall furnish such information to the National Academies of Sciences, Engineering, and Medicine.

(e)

Consultation

The Secretary of Defense and the Director of National Intelligence shall provide support upon request from the Secretary of Commerce or the National Academies to carry out this section.

(f)

Non-duplication of effort

In carrying out subsection (b), the Secretary of Commerce shall, to the degree practicable, coordinate with the steering committee established under section 236(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

504.

Report on global semiconductor shortage

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the global semiconductor supply shortage and the impact of that shortage on manufacturing in the United States.

505.

Supply chain resiliency program

(a)

Definitions

In this section:

(1)

Critical industry

The term critical industry means an industry identified under subsection (f)(1)(A)(i).

(2)

Critical infrastructure

The term critical infrastructure has the meaning given the term in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c).

(3)

Labor organization

The term labor organization has the meaning given the term in section 101.

(4)

Program

The term program means the supply chain resiliency and crisis response program established under subsection (b).

(5)

Resilient supply chain

The term resilient supply chain means a supply chain that—

(A)

ensures that the United States can sustain critical industry production, supply chains, services, and access to critical goods and services during supply chain shocks, including pandemic and biological threats, cyberattacks, extreme weather events, terrorist and geopolitical attacks, great power conflicts, and other threats to the national security of the United States; and

(B)

has key components of resilience that include—

(i)

effective private sector risk management and mitigation planning to sustain critical supply chains and supplier networks during a supply chain shock;

(ii)

minimized or managed exposure to supply chain shocks; and

(iii)

the financial and operational capacity to—

(I)

sustain critical industry supply chains during shocks; and

(II)

recover from supply chain shocks.

(6)

Relevant committees of Congress

The term relevant committees of Congress means—

(A)

the Committee on Commerce, Science, and Transportation of the Senate;

(B)

the Committee on Appropriations of the Senate;

(C)

the Committee on Finance of the Senate;

(D)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(E)

the Committee on Armed Services of the Senate;

(F)

the Select Committee on Intelligence of the Senate;

(G)

the Committee on Science, Space, and Technology of the House of Representatives;

(H)

the Committee on Energy and Commerce of the House of Representatives;

(I)

the Committee on Appropriations of the House of Representatives;

(J)

the Committee on Ways and Means of the House of Representatives;

(K)

the Committee on Homeland Security of the House of Representatives;

(L)

the Committee on Armed Services of the House of Representatives; and

(M)

the Permanent Select Committee on Intelligence of the House of Representatives.

(7)

Secretary

The term Secretary means the Secretary of Commerce.

(8)

Supply chain information

The term supply chain information means information that is not customarily in the public domain and relating to—

(A)

sustaining and adapting supply chains during a supply chain shock, including pandemic and biological threats, cyberattacks, extreme weather events, terrorist and geopolitical attacks, great power conflict, and other threats to national security;

(B)

the development of supply chain risk mitigation and recovery planning with respect to a supply chain shock, including any planned or past assessment, projection, or estimate of a vulnerability within the supply chain, including testing, supplier network assessments, production flexibility, risk evaluations thereto, risk management planning, or risk audits; or

(C)

operational best practices, planning, and supplier partnerships that enable enhanced supply chain resilience during a supply chain shock, including response, repair, recovery, reconstruction, insurance, or continuity.

(b)

Establishment

The Secretary shall establish in the Department of Commerce a supply chain resiliency and crisis response program to carry out the activities described in subsection (d).

(c)

Mission

The mission of the program shall be to—

(1)

help to promote the leadership of the United States with respect to critical industries that are essential to the mid-term and long-term national security of the United States; and

(2)

encourage partnerships between the Federal Government and industry, labor organizations, and State, local, territorial, and Tribal governments in order to—

(A)

promote resilient supply chains; and

(B)

respond to critical industry supply chain shocks.

(d)

Activities

Under the program, the Secretary, acting through 1 or more bureaus or other divisions of the Department of Commerce as appropriate, shall carry out activities—

(1)

in coordination with the private sector, to—

(A)

map and monitor critical industry supply chains; and

(B)

identify high priority supply chain gaps and vulnerabilities in critical industries that—

(i)

exist as of the date of enactment of this Act; or

(ii)

are anticipated in the future;

(2)

in coordination with the private sector and State, local, territorial, and Tribal governments, and as appropriate, in cooperation with the governments of countries that are allies or key international partners of the United States, to—

(A)

identify opportunities to reduce supply chain gaps and vulnerabilities in critical industries;

(B)

encourage partnerships between the Federal Government and industry, labor organizations, and State, local, territorial, and Tribal governments to better respond to supply chain shocks to critical industries and coordinate response efforts;

(C)

develop or identify opportunities to build the capacity of the United States, or countries that are allies of the United States, in critical industries; and

(D)

develop contingency plans and coordination mechanisms to improve critical industry supply chain response to supply chain shocks; and

(3)

acting within existing authorities of the Department of Commerce and in coordination with the Secretary of State and the United States Trade Representative, to—

(A)

work with governments of countries that are allies or partners of the United States to promote diversified and resilient supply chains that ensure the supply of critical goods to both the United States and companies of countries that are allies of the United States; and

(B)

coordinate with other divisions of the Department of Commerce and other Federal agencies to leverage existing authorities, as of the date of enactment of this Act, to encourage resilient supply chains.

(e)

Coordination group

In carrying out the activities under subsection (d), the Secretary may—

(1)

establish a unified coordination group, which may include private sector partners, as appropriate, to serve as the primary method for coordinating between and among Federal agencies to plan for supply chain shocks;

(2)

establish subgroups of the unified coordination group established under paragraph (1) led by the head of an appropriate Federal agency;

(3)

through the unified coordination group established under paragraph (1)—

(A)

acquire on a voluntary basis technical, engineering, and operational supply chain information from the private sector, in a manner that ensures any supply chain information provided by the private sector is kept confidential and as required under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act);

(B)

study the supply chain information acquired under subparagraph (A) to assess critical industry supply chain resilience and inform planning;

(C)

convene with relevant private sector entities to share best practices, planning, and capabilities to response to potential supply chain shocks; and

(D)

develop contingency plans and coordination mechanisms to ensure an effective and coordinated response to potential supply chain shocks; and

(4)

enter into agreements with governments of countries that are allies or partners of the United States relating to enhancing critical industry supply chain security and resilience in response to supply chain shocks.

(f)

Report on supply chain resiliency and domestic manufacturing

(1)

In general

Not later than 1 year after the date of enactment of this Act, and from time to time thereafter, the Secretary, in coordination with relevant Federal agencies and relevant private sector entities, labor organizations, and State, local, territorial, and Tribal governments, shall submit to the relevant committees of Congress a review that—

(A)

identifies—

(i)

industries that are critical for the national security of the United States, considering the key technology focus areas under this Act and critical infrastructure; and

(ii)

supplies that are critical to the crisis preparedness of the United States;

(B)

describes—

(i)

the manufacturing base and supply chains for critical industries in the United States as of the date of enactment of this Act, including the manufacturing base and supply chains for—

(I)

raw materials;

(II)

production equipment; and

(III)

other goods, including semiconductors, that are essential to the production of technologies and supplies for critical industries; and

(ii)

the ability of the United States to—

(I)

maintain readiness; and

(II)

in response to a supply chain shock—

(aa)

surge production in critical industries; and

(bb)

maintain access to critical goods and services;

(C)

identifies defense, intelligence, homeland, economic, domestic labor supply, natural, geopolitical, or other contingencies that may disrupt, strain, compromise, or eliminate the supply chain for those critical industries;

(D)

assesses—

(i)

the resiliency and capacity of the manufacturing base, supply chains, and workforce of the United States, the allies of the United States, and the partners of the United States that can sustain critical industries through a supply chain shock; and

(ii)

any single points of failure in the supply chains described in clause (i);

(E)

assesses the flexible manufacturing capacity and capabilities available in the United States in the case of an emergency;

(F)

makes specific recommendations to improve the security and resiliency of manufacturing capacity and supply chains for critical industries by—

(i)

developing long-term strategies;

(ii)

increasing visibility into the networks and capabilities of suppliers;

(iii)

identifying industry best practices;

(iv)

evaluating how diverse supplier networks, multi-platform and multi-region production capabilities and sources, and integrated global and regional supply chains can enhance the resilience of—

(I)

critical industries in the United States;

(II)

jobs in the United States;

(III)

capabilities of the United States; and

(IV)

the support access of the United States to needed goods and services during a supply chain shock;

(v)

identifying and mitigating risks, including—

(I)

the financial and operational risks of a supply chain after a supply chain shock;

(II)

significant vulnerabilities to extreme weather events, cyberattacks, pandemic and biological threats, terrorist and geopolitical attacks, and other emergencies; and

(III)

exposure to gaps and vulnerabilities in—

(aa)

domestic capacity or capabilities; and

(bb)

sources of imports needed to sustain critical industries;

(vi)

identifying enterprise resource planning systems that are—

(I)

compatible across supply chain tiers; and

(II)

affordable for small and medium-sized businesses;

(vii)

understanding the total cost of ownership, total value contribution, and other best practices that encourage strategic partnerships throughout supply chains;

(viii)

understanding Federal procurement opportunities to increase resiliency of supply chains for goods and services and fill gaps in domestic purchasing;

(ix)

identifying policies that maximize job retention and creation in the United States, including workforce development programs;

(x)

identifying opportunities to work with allies or key partners of the United States in building more resilient critical industry supply chains and mitigating risks;

(xi)

identifying areas requiring further investment in research and development or workforce education; and

(xii)

identifying such other services as the Secretary determines necessary;

(G)

provides guidance to the Department of Commerce, the National Science Foundation, and other relevant Federal agencies with respect to technologies and supplies that should be prioritized;

(H)

with respect to countries that are allies or key partners of the United States—

(i)

reviews and, if appropriate, provides recommendations for expanding the sourcing of goods associated with critical industries from those countries; and

(ii)

recommends coordination with those countries on—

(I)

sourcing critical raw materials, inputs, and products; and

(II)

sustaining production and availability of critical supplies during a supply chain shock;

(I)

monitors and makes recommendations for strengthening the financial and operational health of small and medium-sized businesses in supply chains of the United States and countries that are allies or partners of the United States to mitigate risks and ensure diverse and competitive supplier markets that are less vulnerable to single points of failure; and

(J)

assessment of policies, rules, and regulations that impact domestic manufacturing operating costs and inhibit the ability for domestic manufacturing to compete with global competitors.

(2)

Prohibition

The report submitted under paragraph (1) may not include—

(A)

supply chain information that is not aggregated; or

(B)

confidential business information of a private sector entity.

(g)

Semiconductor incentives

(1)

In general

The Secretary shall carry out the program established under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) as part of the program.

(2)

Technical and conforming amendment

Section 9902(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking in the Department of Commerce and inserting as part of the program established under section 504 of the Endless Frontier Act.

(h)

Report to congress

Concurrent with the annual submission by the President of the budget under section 1105 of title 31, United States Code, the Secretary shall submit to the relevant committees of Congress a report that contains a summary of every activity carried out under this section during the year covered by the report.

(i)

Coordination

(1)

In general

In implementing the program, the Secretary shall, as appropriate coordinate with—

(A)

the heads of Federal agencies, including—

(i)

the Secretary of State; and

(ii)

the United States Trade Representative; and

(B)

the Attorney General and the Federal Trade Commission with respect to—

(i)

advice on the design and activities of the unified coordination group described in subsection (e)(1); and

(ii)

ensuring compliance with Federal antitrust law.

(2)

Specific coordination

In implementing the program, with respect to supply chains involving specific sectors, the Secretary shall, as appropriate, coordinate with—

(A)

the Secretary of Defense;

(B)

the Secretary of Homeland Security;

(C)

the Secretary of the Treasury;

(D)

the Secretary of Energy;

(E)

the Secretary of Transportation;

(F)

the Secretary of Agriculture;

(G)

the Director of National Intelligence; and

(H)

the heads of other relevant agencies.

(j)

Rule of construction

Nothing in this section shall be construed to require any private entity—

(1)

to share information with the Secretary;

(2)

to request assistance from the Secretary; or

(3)

that requests assistance from the Secretary to implement any measure or recommendation suggested by the Secretary.

(k)

Protections

(1)

In general

(A)

Protections

Subsections (a)(1), (b), (c), and (d) of section 2224 of the Homeland Security Act of 2002 (6 U.S.C. 673) shall apply to the voluntary submission of supply chain information by a private entity under this section in the same manner as those provisions apply to critical infrastructure information voluntarily submitted to a covered agency for an other informational purpose under that subsection if the voluntary submission is accompanied by an express statement described in paragraph (2) of this subsection; and

(B)

References

For the purpose of this subsection, with respect to section 2224 of the Homeland Security Act of 2002 (6 U.S.C. 673)——

(i)

the express statement described in subsection (a)(1) of that section shall be deemed to refer to the express statement described in paragraph (2) of this subsection;

(ii)

references in the subsections described in subparagraph (A) to this subtitle shall be deemed to refer to this section;

(iii)

the reference to protecting critical infrastructure or protected systems in subsection (a)(1)(E)(iii) of that section shall be deemed to refer to carrying out this section; and

(iv)

the reference to critical infrastructure information in subsections (b) and (c) of that section shall be deemed to refer to supply chain information.

(2)

Express statement

The express statement described in this paragraph, with respect to information or records, is—

(A)

in the case of written information or records, a written marking on the information or records substantially similar to the following: This information is voluntarily submitted to the Federal Government in expectation of protection from disclosure as provided by the provisions of section 504 of the Endless Frontier Act.; or

(B)

in the case of oral information, a written statement similar to the statement described in subparagraph (A) submitted within a reasonable period following the oral communication.

(3)

Inapplicability to semiconductor incentive program

This subsection shall not apply to the voluntary submission of supply chain information by a private entity in an application for Federal financial assistance under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

(l)

Determination related to optical transmission equipment

(1)

Proceeding

Not later than 45 days after the date of enactment of this Act , the Secretary of Commerce shall commence a process to make a determination for purposes of sect ion 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) whether optical transmission equipment manufactured, produced, or distributed by an entity owned, controlled, or supported by the People's Republic of China poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.

(2)

Communication of determination

If the Secretary determines pursuant to paragraph (1) that such optical transmission equipment poses an unacceptable risk consistent with that paragraph, the Secretary shall immediately transmit that determination to the Federal Communications Commission consistent with section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601).

506.

Semiconductor incentives

(a)

Definitions

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

(1)

by redesignating paragraphs (4), (5), (6), (7), (8), and (9) as paragraphs (5), (6), (7), (8), (10), and (11), respectively;

(2)

by inserting after paragraph (3) the following:

(4)

The term critical manufacturing industry

(A)

means an industry—

(i)

that is assigned a North American Industry Classification System code beginning with 31, 32, or 33; and

(ii)

for which the industry components that are assigned a North American Industry Classification System code beginning with the same 4 digits as the industry—

(I)

manufacture primary products and parts, the sum of which account for not less than 5 percent of the manufacturing value added by industry gross domestic product of the United States; and

(II)

employ individuals for primary products and parts manufacturing activities that, combined, account for not less than 5 percent of manufacturing employment in the United States; and

(B)

may include any other manufacturing industry designated by the Secretary based on the relevance of the manufacturing industry to the national and economic security of the United States, including the impacts of job losses.

;

(3)

by inserting after paragraph (8), as so redesignated, the following:

(9)

The term mature technology node has the meaning given the term by the Secretary.

.

(b)

Semiconductor program

Section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1)

in subsection (a)(2)—

(A)

in subparagraph (B)(ii)—

(i)

in subclause (III), by striking and at the end;

(ii)

in subclause (IV), by striking the period at the end and inserting and; and

(iii)

by adding at the end the following:

(V)

determined—

(aa)

the type of semiconductor technology the covered entity will produce at the facility described in clause (i); and

(bb)

the customers to which the covered entity plans to sell the semiconductor technology described in item (aa).

;

(B)

in subparagraph (C)—

(i)

in clause (i)—

(I)

in subclause (II), by striking is in the interest of the United States and inserting is in the economic and national security interests of the United States; and

(II)

in subclause (III), by striking and at the end;

(ii)

in clause (ii)(IV), by striking and at the end;

(iii)

by redesignating clause (iii) as clause (iv); and

(iv)

by inserting after clause (ii) the following:

(iii)

the Secretary shall consider the type of semiconductor technology produced by the covered entity and whether that semiconductor technology advances the economic and national security interests of the United States; and

;

(C)

by redesignating subparagraph (D) as subparagraph (E); and

(D)

by inserting after subparagraph (C) the following:

(D)

Priority

In awarding Federal financial assistance to covered entities under subsection (a), the Secretary shall give priority to ensuring that a covered entity receiving financial assistance will—

(i)

manufacture semiconductors necessary to address gaps and vulnerabilities in the domestic supply chain across a diverse range of technology and process nodes; and

(ii)

provide a secure supply of semiconductors necessary for the national security, manufacturing, critical infrastructure, and technology leadership of the United States and other essential elements of the economy of the United States.

; and

(2)

by adding at the end the following:

(d)

Sense of Congress

It is the sense of Congress that, in carrying out subsection (a), the Secretary should allocate funds in a manner that—

(1)

strengthens the security and resilience of the semiconductor supply chain, including by mitigating gaps and vulnerabilities;

(2)

provides a supply of secure semiconductors relevant for national security;

(3)

strengthens the leadership of the United States in semiconductor technology;

(4)

grows the economy of the United States and supports job creation in the United States; and

(5)

improves the resiliency of the semiconductor supply chains of critical manufacturing industries.

(e)

Additional assistance for mature technology nodes

(1)

In general

The Secretary shall establish within the program established under subsection (a) an additional program that provides Federal financial assistance to covered entities to incentivize investment in facilities and equipment in the United States for the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes.

(2)

Eligibility and requirements

In order for an entity to qualify to receive Federal financial assistance under this subsection, the covered entity shall—

(A)

submit an application under subsection (a)(2)(A);

(B)

meet the eligibility requirements under subsection (a)(2)(B);

(C)
(i)

provide equipment or materials for the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes in the United States; or

(ii)

fabricate, assemble using advanced packaging, or test semiconductors at mature technology nodes in the United States;

(D)

commit to using any Federal financial assistance received under this section to increase the production of semiconductors at mature technology nodes; and

(E)

be subject to the considerations described in subsection (a)(2)(C).

(3)

Procedures

In granting Federal financial assistance to covered entities under this subsection, the Secretary may use the procedures established under subsection (a).

(4)

Considerations

In addition to the considerations described in subsection (a)(2)(C), in granting Federal financial assistance under this section, the Secretary may consider whether a covered entity produces or supplies equipment or materials used in the fabrication, assembly, testing, or advanced packaging of semiconductors at mature technology nodes that are necessary to support a critical manufacturing industry.

(5)

Priority

In awarding Federal financial assistance to covered entities under this subsection, the Secretary shall give priority to covered entities that support the resiliency of semiconductor supply chains for critical manufacturing industries in the United States.

(6)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this subsection $2,000,000,000, which shall remain available until expended.

(f)

Construction projects

Section 602 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a construction project that receives financial assistance from the Secretary under this section.

.

(c)

Advanced microelectronics research and development

Section 9906 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding at the end the following:

(h)

Infrastructure grants

Section 602 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to a construction project that receives financial assistance from the Secretary under this section.

.

507.

Research investment to spark the Economy Act

(a)

Definitions

In this section:

(1)

Award

The term award includes a grant, cooperative agreement, or other financial assistance.

(2)

Covid–19 public health emergency

The term COVID–19 public health emergency means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to the Coronavirus Disease 2019 (COVID–19).

(3)

Research institution

The term research institution means the following:

(A)

An institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).

(B)

A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)).

(C)

A nonprofit entity that conducts Federally funded research.

(4)

Research laboratory

The term Research Laboratory means the following:

(A)

A National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)).

(B)

A Federally Funded Research and Development Center for purposes of section 35.017 of title 48, Code of Federal Regulations, or a successor regulation.

(b)

Award and modification of grants, cooperative agreements and other financial assistance for institutions of higher education, research laboratories, and other research institutions to address matters relating to disruption caused by covid–19

(1)

In general

Each officer specified in paragraph (2) may exercise the authorities described in paragraph (3).

(2)

Officers

The officers specified in this paragraph are as follows:

(A)

The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration and the Director of the National Institute of Standards and Technology.

(B)

The Secretary of Agriculture.

(C)

The Secretary of Defense.

(D)

The Secretary of Education.

(E)

The Secretary of Energy, acting for the Department of Energy (with respect to Energy Efficiency and Renewable Energy, Nuclear Energy, and Fossil Research and Development) and through the Office of Science, the Advanced Research Projects Agency–Energy (ARPA–E), and the Office of Electricity.

(F)

The Secretary of Interior, acting through the Director of the United States Geological Survey.

(G)

The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health.

(H)

The Secretary of Transportation.

(I)

The Administrator of the National Aeronautics and Space Administration.

(J)

The Administrator of the Environmental Protection Agency.

(K)

The Director of the National Science Foundation.

(3)

Authorities

The officers specified in paragraph (2) may—

(A)

provide supplemental funding to extend the duration of an award disrupted because of the COVID–19 public health emergency to a research institution, Research Laboratory, or individual that was awarded before the date of the enactment of this Act, or to expand the purposes of such an award, in order to—

(i)

enable a postsecondary student or post-doctoral researcher to complete work;

(ii)

enable research scientists, technical staff, research associates, and principal investigators to complete work;

(iii)

extend the training of a postsecondary student, or the employment of a post-doctoral researcher, on an ongoing research project for up to 2 years because of the disruption of the job market;

(iv)

create research opportunities for up to 2 years for graduate students and post-doctoral researchers;

(v)

replace, refurbish, or otherwise make usable laboratory animals, reagents, equipment, or other items required for research;

(vi)

facilitate other research (including field work), training, and ongoing construction activities, including at institutions that are disproportionately affected by the COVID–19 public health emergency (such as minority-serving institutions and 2-year institutions of higher education);

(vii)

enable experimental field campaigns and maintenance of field infrastructure, including through replacement of disrupted experimental data to enable completion of impacted research; and

(viii)

support training in online course delivery and virtual research experiences that will improve quality and access needed to continue undergraduate, graduate, and post-doctoral training;

(B)

issue awards to research institutions, Research Laboratories, or other individuals to conduct research on the effects of the Coronavirus Disease 2019 and future potential pandemics, on the effects and effectiveness of responses to such diseases, and on improving the prediction of the possible courses of such pandemics; and

(C)

provide flexibility on an award for funds made available to an agency, by any prior or subsequent Act, by modifying the terms and conditions of the award with a research institution, Research Laboratory, or individual due to facility closures or other limitations during the COVID–19 public health emergency.

(4)

Modifications

The modifications authorized by paragraph (3)(C) include, but are not limited to—

(A)

the provision of supplemental funding to extend the duration of the award concerned; and

(B)

flexibility on the allowable expenses under such award.

(c)

Procedures

The officers specified in subsection (b)(2) shall each establish procedures to carry out subsection (b).

(d)

Expedited awards

Awards under subsection (b) shall be issued as expeditiously as possible.

508.

Office of manufacturing and industrial innovation policy

(a)

Findings

Congress finds the following:

(1)

The general welfare, security, and economic health and stability of the United States require a long-term, substantial, coordinated, and multidisciplinary strategy and implementation of cohesive objectives to remain at the forefront of industrial innovation.

(2)

The large and complex innovative and technological capabilities of global supply chains and manufacturing economies, which influence the course of national and international manufacturing and innovative relevance, require appropriate attention, including long-range inclusive planning and more immediate program development, to encourage and support private manufacturing growth in the United States and participation in the public decision-making process.

(3)

The innovative and manufacturing capabilities of business in the United States, when properly fostered, applied, and supported, can effectively assist in improving the quality of life for people in the United States, in anticipating and addressing emerging international, national, and local problems, and strengthening the international economic engagement and pioneering leadership of the United States.

(4)

Just as Federal funding for science and technology represents an investment in the future, strategically addressing gaps in the innovation pipeline of the United States would—

(A)

contribute to converting research and development investments into high-value, quality job-creating product production and capture domestic and global markets; and

(B)

strengthen the economic posture of the United States.

(5)

The capabilities of the United States at both the Federal and State levels need enhanced strategic planning and influence over policy formulation for industrial innovation and technology development, as well as a means to ensure an adequate workforce.

(b)

Sense of congress

(1)

Priority goals

It is the sense of Congress that manufacturing and industrial innovation should include contributing to the following priority goals:

(A)

Taking concrete national action to rebuild, restore, and expand domestic manufacturing capabilities, skills, and production capacity, including world-class infrastructure.

(B)

Rebuilding the industrial innovation commons, including common resources, technical knowledge, and entrepreneurial opportunities associated with technical concepts.

(C)

Supporting domestic supply chains.

(D)

Expanding production capabilities, cooperation, and knowledge.

(E)

Revitalizing communities harmed by historical and poorly conceived, implemented, and enforced regulatory and trade policies.

(F)

Developing a strategy for innovation and establishment of manufacturing industries of the future, including adoption and production of Industry 4.0 technology to support domestic economic expansion, particularly manufacturers with fewer than 800 employees, and in traditionally underserved communities.

(G)

Contributing to national health and security and emergency readiness and resilience, including addressing environmental concerns.

(H)

Strengthening the economy of the United States and promoting full employment in high-quality, high-wage jobs through useful industrial and technological innovation.

(I)

Cultivating, utilizing, and enhancing academic and industrial thought-leadership with practical workforce development and training to the fullest extent possible.

(J)

Implementing a national strategy that identifies and prioritizes high growth, high value-added industries, products, and components of national importance to the long-term economic, environmental, national security, and public health of the United States.

(2)

National policy

In view of the findings under subsection (a), it is the sense of Congress that the Federal Government and public and private institutions in the United States should pursue a national policy of manufacturing and industrial innovation that includes the following principles:

(A)

Ensuring global leadership in advanced manufacturing technologies critical to the long-term economic, environmental, and public health of the United States, and to the long-term national security of the United States.

(B)

Restoring and strengthening the industrial commons of the United States, including—

(i)

essential engineering and production skills;

(ii)

infrastructure for research and development, standardization, and metrology;

(iii)

process innovations and manufacturing know-how;

(iv)

equipment; and

(v)

suppliers that provide the foundation for the innovativeness and competitiveness of all manufacturers in the United States.

(C)

Strengthening the technical, financial, and educational commons and assets necessary to ensure that the United States is the best positioned nation for the creation and production of advanced technologies and products emerging from national research and development investments.

(D)

Capitalizing on the scientific and technological advances produced by researchers and innovators in the United States by developing capable and responsive institutions focused on advancing the technology and manufacturing readiness levels of those advances.

(E)

Supporting the discovery, invention, start-up, ramp-up, scale-up, and transition of new products and manufacturing technologies to full-scale production in the United States.

(F)

Addressing the evolving needs of manufacturers for a diverse set of workers with the necessary skills, training, and expertise as manufacturers in the United States increase high-quality, high-wage employment opportunities.

(G)

Improving and expanding manufacturing engineering and technology offerings within institutions of higher education, including 4-year engineering technology programs at polytechnic institutes and secondary schools, to be more closely aligned with the needs of manufacturers in the United States and the goal of strengthening the long-term competitiveness of such manufacturing.

(H)

Working collaboratively with Federal agencies, State and local governments, Tribal governments, regional authorities, institutions of higher education, economic development organizations, and labor organizations that primarily represent workers in manufacturing to leverage their knowledge, resources, applied research, experimental development, and programs to foster manufacturing in the United States so as to anticipate and prepare for emergencies and global, national, and regional supply chain disruptions, including disruptions brought on and exacerbated by changing environmental and other circumstances.

(I)

Recognizing that, as changing circumstances require the periodic revision and adaptation of this section, Congress is responsible for—

(i)

identifying and interpreting the changes in those circumstances as they occur; and

(ii)

affecting subsequent changes to this section, as appropriate.

(J)

Reforming rules, regulations, and policy, which negatively impact domestic manufacturing.

(3)

Procedures

It is the sense of Congress that, in order to expedite and facilitate the implementation of the national policy described in paragraph (2)—

(A)

Federal procurement policy should—

(i)

prioritize and encourage domestic manufacturing and robust domestic supply chains;

(ii)

support means of expanding domestic manufacturing job creation;

(iii)

enhance manufacturing workforce preparedness;

(iv)

prioritize the development of means to support diversity and inclusion throughout the manufacturing and industrial sector;

(v)

promote the consideration of, and support to, minority-owned and women-owned manufacturing contractors of the Federal Government; and

(vi)

support the ingenuity and entrepreneurship of the United States by providing enhanced attention to manufacturing startups and small businesses in the United States;

(B)

Federal trade and monetary policies should—

(i)

ensure that global competition in manufacturing is free, open, and fair;

(ii)

prioritize policies and investments that support domestic manufacturing growth and innovation; and

(iii)

not be utilized to offshore poor manufacturing working conditions or destructive manufacturing environmental practices;

(C)

Federal policies and practices should reasonably prioritize competitiveness for manufacturing and industrial innovation efforts in the United States, but should not sacrifice the quality of employment opportunities, including the health and safety of workers, pay, and benefits;

(D)

Federal manufacturing and industrial innovation policies, practices, and priorities should reasonably improve environmental sustainability within the manufacturing industry, while minimizing economic impact;

(E)

Federal patent policies should be developed, based on uniform principles, which have as their objective to preserve incentives for industrial technological innovation and the application of procedures that will continue to assure the full use of beneficial technology to serve the public;

(F)

Federal efforts should promote and support a strong system of intellectual property rights to include trade secrets, through both protection of intellectual property rights and enforcement against intellectual property theft, and broad engagement to limit foreign efforts to illegally or inappropriately utilize compromised intellectual property;

(G)

closer relationships should be encouraged among practitioners of scientific and technological research and development and those who apply those foundations to domestic commercial manufacturing;

(H)

the full use of the contributions of manufacturing and industrial innovation to support State and local government goals should be encouraged;

(I)

formal recognition should be accorded to those persons, the manufacturing and industrial innovation achievements of which contributed significantly to the national welfare; and

(J)

departments, agencies, and instrumentalities of the Federal Government should establish procedures to ensure among them the systematic interchange of data, efforts, and findings developed under their programs.

(K)

policies, rules, and regulations that negatively impact domestic manufacturing should be reformed.

(4)

Implementation

To implement the national policy described in paragraph (2), it is the sense of Congress—

(A)

that—

(i)

the Federal Government should maintain integrated policy planning elements in the executive branch that assist agencies in such branch in—

(I)

identifying problems and objectives that could be addressed or enhanced by public policy;

(II)

mobilizing industrial and innovative manufacturing resources for national security and emergency response purposes;

(III)

securing appropriate funding for programs so identified by the President or the Chief Manufacturing Officer;

(IV)

anticipating future concerns to which industrial and innovative manufacturing can contribute and devise industrial strategies for such purposes;

(V)

reviewing systematically the manufacturing and industrial innovation policy and programs of the Federal Government and recommending legislative amendments to those policies and programs when needed; and

(VI)

reforming policies, rules, and regulations that harm domestic manufacturing and inhibit domestic manufacturing from competing with global competitors; and

(ii)

the elements described in clause (i) should include a data collection, analysis, and advisory mechanism within the Executive Office of the President to provide the President with independent, expert judgment and assessments of the complex manufacturing and industrial features involved; and

(B)

that it is the responsibility of the Federal Government to—

(i)

promote prompt, effective, reliable, and systematic dissemination of manufacturing and industrial information—

(I)

by such methods as may be appropriate; and

(II)

through efforts conducted by nongovernmental organizations, including industrial groups, technical societies, and educational entities;

(ii)

coordinate and develop a manufacturing industrial strategy and facilitate the close coupling of this manufacturing strategy with commercial manufacturing application; and

(iii)

enhance domestic development and utilization of such industrial information by prioritization of efforts with manufacturers, the production of which takes place in the United States.

(c)

Establishment

(1)

In general

The President shall appoint, by and with the advice and consent of the Senate, a Chief Manufacturing Officer to serve within the Executive Office of the President.

(2)

Office

(A)

In general

There is established in the Executive Office of the President an Office of Manufacturing and Industrial Innovation Policy (referred to in this section as the Office).

(B)

Cmo

The Chief Manufacturing Officer shall—

(i)

head the Office; and

(ii)

serve as a source of manufacturing and industrial innovation analysis and judgment for the President and the Director of the National Economic Council with respect to the major policies, plans, and programs of the Federal Government relating to manufacturing and industrial innovation.

(d)

Chief manufacturing officer; associate manufacturing officers

(1)

Chief manufacturing officer

(A)

Functions

(i)

Primary function

To the extent consistent with law, the Chief Manufacturing Officer shall report to the President, and such agencies within the Executive Office of the President and the Director of the National Economic Council, as may be appropriate, on issues regarding and impacting manufacturing and industrial innovation efforts of the Federal Government, or of the private sector, that require attention at the highest levels of the Federal Government.

(ii)

Other functions

The Chief Manufacturing Officer shall—

(I)

advise the President on manufacturing and industrial innovation considerations relating to areas of national concern, including—

(aa)

the economy of the United States;

(bb)

national security;

(cc)

public health;

(dd)

the workforce of the United States;

(ee)

education;

(ff)

foreign relations (including trade and supply chain issues);

(gg)

the environment; and

(hh)

technological innovation in the United States;

(II)

convene stakeholders, including key industry stakeholders, academic stakeholders, defense stakeholders, governmental stakeholders, and stakeholders from nonprofit organizations and labor organizations that primarily represent workers in manufacturing, to develop the national strategic plan required under subsection (f);

(III)

evaluate the scale, quality, and effectiveness of the effort of the Federal Government to support manufacturing and industrial innovation by the Federal Government or by the private sector, and advise on appropriate actions;

(IV)

to the extent consistent with law, report to the President, the Director of the National Economic Council, the Director of the Office of Management Budget, and such agencies within the Executive Office of the President as may be appropriate, advise the President on the budgets, regulations, and regulatory reforms of agencies of the executive branch of the Federal Government with respect to issues concerning manufacturing and industrial innovation;

(V)

to the extent consistent with law, assist the President and the Director of the National Economic Council in providing general leadership and coordination of activities and policies of the Federal Government relating to and impacting manufacturing and industrial innovation; and

(VI)

perform such other functions, duties, and activities as the President and the Director of the National Economic Council may assign.

(B)

Authorities

In carrying out the duties and functions under this section, the Chief Manufacturing Officer may—

(i)

appoint such officers and employees as may be determined necessary to perform the functions vested in the position and to prescribe the duties of such officers and employees;

(ii)

obtain services as authorized under section 3109 of title 5, United States Code, at rates not to exceed the rate prescribed for grade GS–15 of the General Schedule under section 5332 of title 5, United States Code; and

(iii)

enter into contracts and other arrangements for studies, analysis, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as determined necessary to carry out the provisions of this section without legal consideration, without performance bonds, and without regard to section 6101 of title 41, United States Code.

(2)

Associate directors

(A)

In general

The Chief Manufacturing Officer may appoint not more than 5 Associate Directors, to be known as Associate Manufacturing Officers to carry out such functions as may be prescribed by the Chief Manufacturing Officer.

(B)

Compensation

Each Associate Manufacturing Officer shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule under section 5314 title 5, United States Code.

(e)

Policy planning, analysis, and advice

(1)

In general

In carrying out the provisions of this section, the Chief Manufacturing Officer shall—

(A)

monitor the status of technological developments, critical production capacity, skill availability, investment patterns, emerging defense needs, and other key indicators of manufacturing competitiveness to—

(i)

provide foresight for periodic updates to the national strategic plan required under subsection (f); and

(ii)

guide investment decisions;

(B)

convene interagency and public-private working groups to align Federal policies that drive implementation of the national strategic plan required under subsection (f);

(C)

initiate and support translation research in engineering and manufacturing by entering into contracts or making other arrangements (including grants, awards, cooperative agreements, loans, and other forms of assistance) to study that research and to assess the impact of that research on the economic well-being, climate and environmental impact, public health, and national security of the United States;

(D)

report to the President and the Director of the National Economic Council on the extent to which the various programs, policies, and activities of the Federal Government are likely to affect the achievement of priority goals of the United States described in subsection (b)(1);

(E)

annually survey the nature and needs of the policies relating to national manufacturing and industrial innovation and make recommendations to the President and the Director of the National Economic Council, for review and submission to Congress, for the timely and appropriate revision of the manufacturing and industrial innovation policies of the Federal Government, including the reform of policies, rules, and regulations that harm domestic manufacturing and inhibit the ability for domestic manufacturing to compete with global competitors;

(F)

perform such other duties and functions and make and furnish such studies and reports thereon, and recommendations with respect to matters of policy and legislation as the President and the Director of the National Economic Council may request; and

(G)

coordinate, as appropriate, Federal permitting with respect to manufacturing and industrial innovation.

(2)

Intergovernmental manufacturing and industrial innovation panel

(A)

Establishment

The Chief Manufacturing Officer shall establish an Intergovernmental Manufacturing and Industrial Innovation Panel (referred to in this section as the Panel) within the Office, the purpose of which shall be to—

(i)

identify instances in which the policies of the Federal Government—

(I)

with respect to manufacturing and industrial innovation can help address problems at the State and local levels; and

(II)

unnecessarily impede manufacturing and industrial innovation;

(ii)

make recommendations for addressing the problems described in clause (i); and

(iii)

advise and assist the Chief Manufacturing Officer in identifying and fostering policies to facilitate the application to and incorporation of federally funded research and development into manufacturing and industrial innovation in the United States, so as to maximize the application of such research.

(B)

Composition

The Panel shall be composed of—

(i)

the Chief Manufacturing Officer, or a representative of the Chief Manufacturing Officer;

(ii)

not fewer than 10 members representing the interests of the States, appointed by the Chief Manufacturing Officer after consultation with State officials;

(iii)

the Director of the National Institute of Standards and Technology;

(iv)

the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy;

(v)

the Assistant Secretary of Labor for Employment and Training;

(vi)

the Administrator of the Small Business Administration; and

(vii)

the Assistant Secretary of Energy for Energy Efficiency and Renewable Energy.

(C)

Chair

The Chief Manufacturing Officer, or the representative of the Chief Manufacturing Officer, shall serve as Chair of the Panel.

(D)

Meetings

The Panel shall meet at the call of the Chair.

(E)

Compensation

(i)

In general

Each member of the Panel shall be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS–15 of the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Panel.

(ii)

Travel expenses

Each member of the Panel who is serving away from the home or regular place of business of the member in the performance of the duties of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703(b) of title 5, United States Code, for persons in government service employed intermittently.

(f)

National strategic plan for manufacturing and industrial innovation

(1)

Strategic plan

(A)

In general

Not later than 1 year after the date of enactment of this Act, the Chief Manufacturing Officer, in coordination with the Director of the National Economic Council, shall, to the extent practicable, in accordance with subsection (d)(1)(A)(ii) and in consultation with other agencies and private individuals as the Chief Manufacturing Officer determines necessary, establish a national strategic plan for manufacturing and industrial innovation that identifies—

(i)

short-term, medium-term, and long-term needs critical to the economy, national security, public health, workforce readiness, environmental concerns, and priorities of the United States manufacturing sector, including emergency readiness and resilience; and

(ii)

situations and conditions that warrant special attention by the Federal Government relating to—

(I)

any problems, constraints, or opportunities of manufacturing and industrial innovation that—

(aa)

are of national significance;

(bb)

will occur or may emerge during the 4-year period beginning on the date on which the national strategic plan is established; and

(cc)

are identified through basic research;

(II)

an evaluation of activities and accomplishments of all agencies in the executive branch of the Federal Government that are related to carrying out such plan;

(III)

opportunities for, and constraints on, manufacturing and industrial innovation that can make a significant contribution to—

(aa)

the resolution of problems identified under this paragraph; or

(bb)

the achievement of Federal program objectives or priority goals, including those described in subsection (b)(1); and

(IV)

recommendations for proposals to carry out such plan.

(B)

Revisions

Not later than 4 years after the date on which the national strategic plan is established under subparagraph (A), and every 4 years thereafter, the Chief Manufacturing Officer, in coordination with the Director of the National Economic Council, shall revise that plan so that the plan takes account of near- and long-term problems, constraints, and opportunities and changing national goals and circumstances.

(2)

Consultation with other agencies

The Chief Manufacturing Officer shall consult, as necessary, with officials of agencies in the executive branch of the Federal Government that administer programs or have responsibilities relating to the problems, constraints, and opportunities identified in the national strategic plan under paragraph (1) in order to—

(A)

identify and evaluate actions that might be taken by the Federal Government, State, and local governments, or the private sector to deal with such problems, constraints, or opportunities; and

(B)

ensure to the extent possible that actions identified under subparagraph (A) are considered by each agency of the executive branch of the Federal Government in formulating proposals of each such agency.

(3)

Consultation with manufacturing stakeholders

The Chief Manufacturing Officer shall consult broadly with representatives from stakeholder constituencies, including from technology fields, engineering fields, manufacturing fields, academic fields, worker training or credentialing programs, industrial sectors, business sectors, consumer sectors, defense sector, public interest sectors, and labor organizations which primarily represent workers in manufacturing to ensure information and perspectives from such consultations are incorporated within the problems, constraints, opportunities, and actions identified in the national strategic plan under paragraph (1).

(4)

Consultation with omb

The Chief Manufacturing Officer shall consult as necessary with officials of the Office of Management and Budget and other appropriate elements of the Executive Office of the President to ensure that the problems, constraints, opportunities, and actions identified under paragraph (1) are fully considered in the development of legislative proposals and the President’s budget.

(g)

Additional functions of the chief manufacturing officer; administrative provisions

(1)

In general

The Chief Manufacturing Officer, in addition to the other duties and functions under this section, shall serve—

(A)

on the Federal Strategy and Coordinating Council on Manufacturing and Industrial Innovation established under subsection (j); and

(B)

as a member of the Domestic Policy Council, the National Economic Council, and the Office of Science and Technology Policy Council.

(2)

Advice to national security council

For the purpose of ensuring the optimal contribution of manufacturing and industrial innovation to the national security of the United States, the Chief Manufacturing Officer, at the request of the President, shall advise the National Security Council in such matters concerning manufacturing and industrial innovation as may be related to national security.

(3)

Coordination with other organizations

(A)

In general

In exercising the functions under this section, the Chief Manufacturing Officer—

(i)

shall—

(I)

work in close consultation and cooperation with the Director of the Domestic Policy Council, the National Security Advisor, the Assistant to the President for Economic Policy and Director of the National Economic Council, the Director of the Office of Science and Technology Policy, the Director of the Office of Management and Budget, and the heads of other agencies in the executive branch of the Federal Government;

(II)

utilize the services of consultants, establish such advisory panels, and, to the extent practicable, consult with—

(aa)

State and local government agencies;

(bb)

appropriate professional groups;

(cc)

representatives of industry, universities, consumers, labor organizations that primarily represent workers in manufacturing; and

(dd)

such other public interest groups, organizations, and individuals as may be necessary;

(III)

hold such hearings in various parts of the United States as necessary to determine the views of the agencies, groups, and organizations described in subparagraph (B), and of the general public, concerning national needs and trends in manufacturing and industrial innovation; and

(IV)

utilize, with the heads of public and private agencies and organizes, to the fullest extent possible the services, personnel, equipment, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, in order to avoid the duplication of efforts and expenses; and

(ii)

may transfer funds made available pursuant to this section to other agencies in the executive branch of the Federal Government as reimbursement for the utilization of such personnel, services, facilities, equipment, and information.

(B)

Furnishment of information

Each department, agency, and instrumentality of the executive branch of the Federal Government, including any independent agency, shall furnish the Chief Manufacturing Officer such information as necessary to carry out this section.

(h)

Manufacturing and industrial innovation report

(1)

Report

Not later than 3 years after the date of enactment of this Act, and every 4 years thereafter, the Chief Manufacturing Officer, in consultation with the Director of the National Economic Council, shall submit to Congress a Manufacturing and Industrial Innovation Report (referred to in this section as the report) with appropriate assistance from agencies in the executive branch of the Federal Government and such consultants and contractors as the Chief Manufacturing Officer determines necessary.

(2)

Contents of report

Each report required under paragraph (1) shall draw upon the most recent national strategic plan established under subsection (f) and shall include, to the extent practicable and within the limitations of available knowledge and resources—

(A)

a review of developments of national significance in manufacturing and industrial innovation;

(B)

the significant effects of trends at the time of the submission of the report and projected trends in manufacturing and industrial innovation on the economy, workforce, and environmental, health and national security, and other requirements of the United States;

(C)

a review and appraisal of selected manufacturing and industrial innovation related programs, policies, and activities of the Federal Government, including procurement;

(D)

an inventory and forecast of critical and emerging national problems, the resolution of which might be substantially assisted by manufacturing and industrial innovation in the United States;

(E)

the identification and assessment of manufacturing and industrial innovation measures that can contribute to the resolution of the problems described in subparagraph (D) in light of the related economic, workforce, environmental, public health, and national security considerations;

(F)

at the time of the submission of the report, and as projected, the manufacturing and industrial resources, including specialized manpower, that could contribute to the resolution of the problems described in subparagraph (D); and

(G)

recommendations for legislation and regulatory changes on manufacturing and industrial innovation-related programs and policies that will contribute to the resolution of the problems described in subparagraph (D).

(3)

Preparation of report

In preparing each report required under paragraph (1), the Chief Manufacturing Officer shall make maximum use of relevant data available from agencies in the executive branch of the Federal Government.

(4)

Public availability of report

The Chief Manufacturing Officer shall ensure that the report is made available to the public.

(i)

Comptroller general report

Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations of the House of Representatives, and make available to the public, a report—

(1)

containing an assessment of the efforts of the Office to implement or advance the priority goals described in subsection (b)(1); and

(2)

providing recommendations on how to improve the efforts described in paragraph (1).

(j)

Federal strategy and coordinating council on manufacturing and industrial innovation

There is established in the executive branch of the Federal Government the Federal Strategy and Coordinating Council on Manufacturing and Industrial Innovation (referred to in this section as the Council).

(1)

Membership

(A)

In general

The Council shall be composed of the following:

(i)

The President, who shall serve as Chair of the Council.

(ii)

The Vice President.

(iii)

The Secretary of Commerce.

(iv)

The Secretary of Defense.

(v)

The Secretary of Education.

(vi)

The Secretary of Energy.

(vii)

The Secretary of Health and Human Services.

(viii)

The Secretary of Housing and Urban Development.

(ix)

The Secretary of Labor.

(x)

The Secretary of State.

(xi)

The Secretary of Transportation.

(xii)

The Secretary of the Treasury.

(xiii)

The Secretary of Veterans Affairs.

(xiv)

The Administrator of the Environmental Protection Agency.

(xv)

The Administrator of the National Aeronautics and Space Administration.

(xvi)

The Administrator of the Small Business Administration.

(xvii)

The Director of the National Science Foundation.

(xviii)

The Director of the Office of Management and Budget.

(xix)

The Assistant to the President for Science and Technology.

(xx)

The United States Trade Representative.

(xxi)

The National Security Advisor.

(xxii)

The Assistant to the President for Economic Policy.

(xxiii)

The Director of the Domestic Policy Council.

(xxiv)

The Chair of the Council of Economic Advisers.

(xxv)

The Chief Manufacturing Officer.

(B)

Additional participants

The President may, from time to time and as necessary, appoint officials in the executive branch of the Federal Government to serve as members of the Council.

(2)

Meetings of the council

(A)

In general

The President or the Chief Manufacturing Officer may convene meetings of the Council.

(B)

Presiding officer

(i)

In general

Subject to clause (ii), the President shall preside over the meetings of the Council.

(ii)

Exception

If the President is not present at a meeting of the Council, the Vice President (and if the Vice President is not present at a meeting of the Council, the Chief Manufacturing Officer) shall preside and be considered the chair of the Council.

(k)

Council on manufacturing and industrial innovation functions

(1)

In general

The Council shall—

(A)

consider problems and developments, including concerns relating to the workforce of the United States, in manufacturing and industrial innovation and related activities of more than 1 agency in the executive branch of the Federal Government;

(B)

coordinate the manufacturing and industrial innovation policy-making process;

(C)

harmonize the Federal permitting process relating to manufacturing and industrial innovation, as appropriate;

(D)

ensure manufacturing and industrial innovation policy decisions and programs are consistent with the priority goals described in subsection (b)(1);

(E)

help implement the priority goals described in subsection (b)(1) across the Federal Government;

(F)

ensure manufacturing and industrial innovation are considered in the development and implementation of Federal policies and programs;

(G)

achieve more effective use of foundational aspects of manufacturing and industrial innovation, particularly scientific, engineering, and technological resources and facilities of agencies in the executive branch of the Federal Government, including the elimination of efforts that have been unwarrantedly duplicated;

(H)

identify—

(i)

threats to, and vulnerabilities of, supply chains;

(ii)

workforce skills;

(iii)

aspects of supply chains and workforce skills requiring additional emphasis; and

(iv)

for reform policies, rules, and regulations that harm domestic manufacturing and inhibit the ability for domestic manufacturing to compete with global competitors; and

(I)

further international cooperation on manufacturing and industrial innovation policies that enhance the policies of the United States and internationally agreed upon policies.

(2)

Chief manufacturing officer

The Chief Manufacturing Officer may take such actions as may be necessary or appropriate to implement the functions described in paragraph (1).

(l)

Coordination

The head of each agency in the executive branch of the Federal Government, without regard to whether the head of the agency is a member of the Council, shall coordinate manufacturing and industrial innovation policy with the Council.

(m)

Administration

(1)

Coordination with national science and technology council

In carrying out the duties of the Council, the Council shall consult with the National Science and Technology Council, as necessary.

(2)

Ad committees; tasks forces, interagency groups

The Council may function through established or ad hoc committees, task forces, or interagency groups.